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2007-17-17
i Revised 7116107 CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, July 17, 2007 at 7:00 p.m. Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to the best of the ability of the presenter." 1. Roll -call Attendance: X David Zaremba X Joe Borton .O Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance: Ralph Chappell 3. Community Invocation by Darrell Taylor with Cherry Lane Christian Church: 4. Adoption of the Agenda: Approve S. Consent Agenda: A. Approve Minutes of June 19, 2007 Pre -Council Meeting: Approve B. Approve Minutes of June 26, 2007 Pre -Council Meeting: Approve C. Approve Minutes of June 26, 2007+City Council Regular Meeting: Approve D. Findings of Fact and Conclusions of Law for Approval: VAR 07-010 Request for a Variance to Landscape the surplus right-of- way and decrease the required street buffer along Eagle Road from 35 feet to 20 feet for Gateway Marketplace by Landmark Development Group — 3205 East Ustick Road: Approve E. Findings of Fact and Conclusions of Law for Approval: VAR 07-011 Request for a Variance to UDC 11 -3B -7C2 to count existing Meridian City Council Meeting Agenda — July 17, 2007 Page 1 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 6. Revised 7116107 right-of-way for Eagle Road towards: the landscape street buffer width in the C -G zone for Sadie. Creek Promenade Eagle -Road Landscaping by Landmark Development Group — Southwest Corner of Eagle Road and Ustick Road (Sadie Creek Subdivision): Approve F. Findings of Fact : and Conclusions :of Law for Approval: VAR 07-012 Request for a Variance to UDC 11 -3B -7C2 to count existing right-of-way for Eagle Road towards the landscape street buffer width in the C -G zone for Bienvitle Sguare Eagle Road Landscaping; by Redcliff Development west side of Eagle Road, south of Ustick Road (Bienville Square Subdivision): Approve G. Findings of Fact and Conclusions of -Law for Approval: RZ 07- 009 Request for a Rezone of 24.69 acres from I -L to C -G zone for Jabil Southeast by Joint School District No. 2 — 1303 East Central Drive (Portion of Lot 1, Block 1, of the Jabil Subdivision): Approve H. Development Agreement: AZ 07-005 Request for Annexation and Zoning of 1.46 acres from RUT to an R-4 zone for the property located at 1205 West Overland Road for Pfost Property by Thomas & JoAnn Pfost —1205 West Overland Road: Approve L Development Agreement: AZ 07-008 Request for Annexation and zoning of 3.32 acres from R1 to. C -G zone for Zamzow's Overland by JR LLC — 3620 and 3650 East Overland Road: Approve J. Approve New Beer and Liquor Licenses for Rudy's Beverage Concession by Dave Edmark at 2310 Qverland Road: Approve K. Water Main Easecr)ent Agreement for Paramount Properties on Meridian and McWllan Road: Approve L. Approve Indemnification and Limitation of Liability Agreement with Idaho Power Company for Installation of transformers at New City Hall Building Project: Approve Department Reports: A. ; Legal Department: 1. Presentation of Consolidated Plan for CDBG with Kay Frances / Emily Kane: Meridian City Council Meeting Agenda — July 17, 2007 Page 2 of 6 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. Revised 7/16107 2. Discussion of Draft Ordinance for Garage Sales: On Next Weeks Agenda B. FireDepartment 1. Update on Fireworks: Table to July 24, 2007 C. Planning Department 1. Update of Transportation Improvement Program Comments from the Meridian Transportation Task Force by Matt Ellsworth: Approve Letter D. Finance / Purchasing Department 1. Bid Results for Meridian City Hall Project Phase 3 includes Tenant Improvements and . Mechanical, Electrical, Plumbing: Approve List #1 Handrail & Misc. Metal Pacific Steel Fabricators $70,178.00 #2 Carpentry American Wallcovering $112,000.00 #3 Millwork & Cabinet ICWP $464,000.00 #4 Interior Storefront & Glazing Custom Glass Co. $68,678.00 #6 Doors/Frames/Hardware ABS $277,230.00 #7 Overhead and Coiling Doors Crawford Door Sales $5,590.00 #8 Drywall, Fireproofing, Ceiling American Wallcoverin $1,038,550.00 #9 Ceramic Tile Shumaker $110,953.00 # 10 Flooring Designer Floors $182,354.00 # 11 Painting & Wallcoverin s Color Craft $95,600.00 #12 Specialities SBI $110,000.00 #13 Access Flooring Pac West Interiors $528,800.00 #14 Window Coverings Interg rated Interiors $11,900.00 #15 Operable Partitions The Masonry Center $20,840.00 #17 Fire Protection Simplex Grinell $412,879.00 #18 Plumbing Buss $953,385.00 #19 HVAC Hobson Fabrication Co $2,060,000.00 #20 Electrical, Low Voltage, Fire Alarm Tri State Electric $2,749,895.00 E. Mayor's Office Meridian City Council Meeting Agenda - July 17, 2007 Page 3 of 6 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. Revised 7/16/07 1. Impacf LF4,Committee BCA Representative Joe Kunz: Approve 7. Items Moved from Consent Agenda 8. MFP 07-005 Request for Modification of the Final Plat for Bellingham Subdivision, Phase 3 to eliminate Condition 11 and modify Condition 10 to allow development of Final Map, Phase 3 which requires a Letter of Map Revision from FEMA prior to development of the site for Bellingham Subdivision No. 3 by Bellingham Park, LLC — east of South Locust Grove Road and south of East Victory Road: Approve 9. Continued Public Hearing from June 26, 2007: CPA 07-003 Request to amend the Comprehensive Plan Future Land Use Map by adding and amending pathway locations for the Pathways. Comprehensive Plan Amendment by the City of Meridian Parks and Recreation Department: Approve 10. Continued Public hearing from June 26,2007: Parks Master Pathway Elam Approve 11. Continued Public Hearing from June 26, 2007: AP 07-004 Request for City Council Review of an Appeal of approved CUP 07-004 to allow for the operation of a drinking establishment in an 0-T zone for the Busted Shovel by Sherer ,& Wynkoop, LLC — 704 North Main Street: Deny Appeal and Approve Amended CUP 12. Continued Public Hearing from July 3, 2007: PP 07-009 Request for Preliminary Plat approval of 52 residential lots, 2 office/commercial lots and 10 common lots on 19.80 acres in an 4-0 zone for Meadowlake Village North by Touchmark of the Treasure Valley, LLC — Southeast Comer of Franklin Road and Touchmark Way: '::Prepare Findings of Fact and Conclusions of Law for Approval 13. Continued Public Hearing from July 3,.2007; CUP 07-008 Request for a Conditional Use Permit approval to create 52 residential lots, 2 office/commercial lots and 10 common lots in an L -O zone for Meadowlake Village Nott' h by Touchmark of the Treasure Valley, LLC — Southeast Corner of Franklin Road and Touchmark Way: Prepare Findings of Fact and Conclusions of Law for Approval 14. Continued Public Hearing from July 3,2007: VAR 07-008 Request for a Variance to UDC 11 -6C -3B4 which limits cul-de-sacs to a maximum of 450 fleet for Meadowlake Village North by Touchmark of the Treasure Meridian City Council Meeting Agenda — July 17, 2007 Page 4 of 6 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. } !` Revised 7116/07 Valley, LLC — Southeast Comer of Franklin Road and Touchmark Way: Withdraw Application 15. Continued Public Hearing from July 3, 2007: MI 07-006 Request for a Miscellanous application to amend the previously approved Development Agreement for Touchmark Living Center Annexation (AZ 99-021) by amending the approved phase boundaries and various other provisions for Mqadowlake Villane,North by Touchmark of the Treasure Valley, LLC — Southeast Corner of Franklin Road and Touchmark Way: Approve 16. Public Hearing: VAC 07-009 Request for a Vacation of the public utilities, drainage, irrigation easements, a future road easement and a farm .access easement for Lots 3, 4, 5 & 6, Block 1 of Kachina Estates Subdivision for Cabella Creek by ATM Development, LLC — north of Victory Road and west of Locust Grove Road: Approve attorney to Prepare Resolution 17. Public Hearing: VAC 07-013 Request for Vacation of the public utility easement platted on Lots 1-3, Block 2 for Doris Subdivision by Teach Investments and Seagle Three, LLC — 1330 East Fairview Avenue: Approve attorney to Prepare Resolution 18. Public Hearing: VAR 07-013 Request for a Variance to UDC 11 -3E -4C1 to exceed the 500 square foot maximum structure size for a temporary use to allow a 7,056 square foot tent for a parking lot sale for Joe's Sports, Outdoors and More by Joe's Sports, Outdoors and More — 3415 North Eagle.Road: Prepare Findings of Fact and Conclusions of Law for Approval 19. Ordinance No. 07-1 26AZ 07-005 Request for Annexation and Zoning of 1.46 acres from .RUT to an R-4 zone for the property located ,at 1205 West Overland Road for Pfo t,Rroperty by Thomas & JoAnn Pfost —1205 West;Overland Road: Approve 20. Ordibance No. 07-1327 RZ 07-007 Request for a Rezone of 0.19 of an acre from an I -L to an O -T zone for the property located at 305 W. Broadway Avenue for Vanbragt Property by Maria Vanbragt — 305 West Broadway Avenue: Approve 21. Ordlhance No. 07-1328 AZ 07-000 Request for Annexation and zoning of 3.32 acres from R1 to C -G zone for Zamzow's Overland by JR LLC — 3620 and 3650 East Overland Road: Approve 22. Executive Session per Idaho State Code 67*2345(1) )(a) — (to consider hiring a public officer, :employee, staff member, or individual agent, not to Meridian City Council Meeting Agenda — July 17, 2407 Page 5 of 6 All moterials 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. Revised 7116/07 include. This paragraph' does not apply tw filling a vacancy in an elective office), (b) — (to consider, the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent, or public school student),(c) (to conduct deliberations concerning labor negotiations or to acquire an intertest in real property, which is not owned by a public agency, & (f) — (to consider and advise its legal representatives in pending litigation): Meridian City Council Meeting Agenda — July 17, 2007 Page 6 of 6 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, pleasd contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 1. 2. 3. 4. 5. 0 E IDIAN% 0 Revised 7/16/07 CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, July 17, 2007 at 7:00 p.m. "Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to the best of the ability of the presenter." Roll -call Attendance: David Zaremba x Joe Borton 0 Charlie Rountree Keith Bird Mayor Tammy de Weerd Pledge of Allegiance: Aaltp k eA0,1w It Community Invocation by Darrell Taylor with Cherry Lane Christian Church: Adoption of the Agenda: �otrc- Consent Agenda: A. Approve Minutes of June 19, 2007 Pre -Council Meeting: B. Approve Minutes of June 26, 2007 Pre -Council Meeting: C. Approve Minutes of June 26, 2007 City Council Regular Meeting: D. Findings of Fact and Conclusions of Law for Approval: VAR 07-010 Request for a Variance to landscape the surplus right-of- way and decrease the required street buffer along Eagle Road from 35 feet to 20 feet for Gateway Marketplace by Landmark Development Group — 3205 East Ustick Road: l.A,/'ivl%f— E. Findings of Fact and Conclusions of Law for Approval: VAR 07-011 Request for a Variance to UDC 11 -3B -7C2 to count existing right-of-way for Eagle Road towards the landscape street buffer Meridian City Council Meeting Agenda — July 17, 2007 Page 1 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Revised 7/16/07 width in the C -G zone for Sadie Creek Promenade Eagle Road Landscaping by Landmark Development Group - Southwest Corner of Eagle Road and Ustick Road (Sadie Creek Subdivision): AIYY-004-- F. Findings of Fact and Conclusions of Law for Approval: VAR 07-012 Request for a Variance to UDC 11 -3B -7C2 to count existing right-of-way for Eagle Road towards the landscape street buffer width in the C -G zone for Bienville Square Eagle Road Landscaping by Redcliff Development - west side of Eagle Road, south of Ustick Road (Bienville Square Subdivision): Gpj7Y'w0s- G. Findings of Fact and Conclusions of Law for Approval: RZ 07- 009 Request for a Rezone of 24.69 acres from I -L to C -G zone for Jabil Southeast by Joint School District No. 2 - 1303 East Central Drive (Portion of Lot 1, Block 1, of the Jabil Subdivision): a/"vne1.�- H. Development Agreement: AZ 07-005 Request for Annexation and Zoning of 1.46 acres from RUT to an R-4 zone for the property located at 1205 West Overland Road for Pfost Property by Thomas & JoAnn Pfost -1205 West Overland Road: 1. Development Agreement: AZ 07-008 Request for Annexation and zoning of 3.32 acres from R1 to C -G zone for Zamzow's Overland by JR LLC - 3620 and 3650 East Overland Road: J. Approve New Beer and Liquor Licenses for Rudy's Beverage Concession by Dave Edmark at 2310 Overland Road: K. Water Main Easement Agreement for Paramount Properties on Meridian and McMillan Road: Ar)91 o Va_ L. Approve Indemnification and Limitation of Liability Agreement with Idaho Power Company for installation of transformers at New City Hall Building Project: 6. Department Reports: A. Legal Department: 1. Presentation of Consolidated Plan for CDBG with Kay Frances / Emily Kane: 2. Discussion of Draft Ordinance for Garage Sales: *A- A.t,}Gt W GC.LG `J Meridian City Council Meeting Agenda — July 17, 2007 Page 2 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. B. 7. f� Fire Department 0 Revised 7/16/07 1. Update on Fireworks: Table to July 24, 2007 C. Planning Department 1. Update of Transportation Improvement Program Comments from the Meridian Transportation Task Force by Matt Ellsworth: D. Finance / Purchasing Department 1. Bid Results for Meridian City Hall Project Phase 3 includes Tenant Improvements and Mechanical, Electrical, Plumbing: , „(--� E. Mayor's Office 1. Impact Fee Committee BCA Representative Joe Kunz: Flo", V ---- Items Moved from Consent Agenda: 8. MFP 07-005 Request for Modification of the Final Plat for Bellingham Subdivision, Phase 3 to eliminate Condition 11 and modify Condition 10 to allow development of Final Map, Phase 3 which requires a Letter of Map Revision from FEMA prior to development of the site for Bellingham Subdivision No. 3 by Bellingham Park, LLC - east of South Locust Grove Road and south of East Victory Road: A,1p4-,P v%e— 9. Continued Public Hearing from June 26, 2007: CPA 07-003 Request to amend the Comprehensive Plan Future Land Use Map by adding and amending pathway locations for the Pathways Comprehensive Plan Amendment by the City of Meridian Parks and Recreation Department: al)a"v- - 10. Continued Public hearing from June 26, 2007: Parks Master Pathway Plan: ac�tr� 11. Continued Public Hearing from June 26, 2007: AP 07-004 Request for City Council Review of an Appeal of approved CUP 07-004 to allow for the operation of a drinking establishment in an O -T zone for the Busted Shovel by Sherer & Wynkoop, LLC - 704 North Main Street: de,h 14/.;/, 2twl vr ani e. %- dc W- 12. Continued Public Hearing from July 3, 2007: PP 07-009 Request for Preliminary Plat approval of 52 residential lots, 2 office/commercial lots and 10 common lots on 19.80 acres in an L -O zone for Meadowlake Meridian City Council Meeting Agenda — July 17, 2007 Page 3 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Revised 7/16/07 Village North by Touchmark of the Treasure Valley, LLC — Southeast Corner of Franklin Road and Touchmark Way: 13. Continued Public Hearing from July 3, 2007: CUP 07-008 Request for a Conditional Use Permit approval to create 52 residential lots, 2 office/commercial lots and 10 common lots in an L -O zone for Meadowlake Village North by Touchmark of the Treasure Valley, LLC — Southeast Corner of Franklin Road and Touchmark Way: .11,4 f G l"e /' + r% 14. Continued Public Hearing from July 3, 2007: VAR 07-008 Request for a Variance to UDC 11 -6C -3B4 which limits cul-de-sacs to a maximum of 450 feet for Meadowlake Village North by Touchmark of the Treasure Valley, LLC — Southeast Corner of Franklin Road and Touchmark Way: 15. Continued Public Hearing from July 3, 2007: MI 07-006 Request for a Miscellanous application to amend the previously approved Development Agreement for Touchmark Living Center Annexation (AZ 99-021) by amending the approved phase boundaries and various other provisions for Meadowlake Village North by Touchmark of the Treasure Valley, LLC — Southeast Corner of Franklin Road and Touchmark Way: 16. Public Hearing: VAC 07-009 Request for a Vacation of the public utilities, drainage, irrigation easements, a future road easement and a farm access easement for Lots 3, 4, 5 & 6, Block 1 of Kachina Estates Subdivision for Cabella Creek by ATM Development, LLC — north of Victory Road and west of Locust Grove Road: AM_''V-<-- 17. Public Hearing: VAC 07-013 Request for Vacation of the public utility easement platted on Lots 1-3, Block 2 for Doris Subdivision by Teach Investments and Seagle Three, LLC — 1330 East Fairview Avenue: 4"?" P -C-- 18. Public Hearing: VAR 07-013 Request for a Variance to UDC 11 -3E -4C1 to exceed the 500 square foot maximum structure size for a temporary use to allow a 7,056 square foot tent for a parking lot sale for Joe's Sports, Outdoors and More by Joe's Sports, Outdoors and More — 3415 North Eagle Road: a1ot�_ �r,�pa,,,� r/� +C/,L 19. Ordinance No. 62 ?— l 9 20' AZ 07-005 Request for Annexation and Zoning of 1.46 acres from RUT to an R-4 zone for the property located at 1205 West Overland Road for Pfost Property by Thomas & JoAnn Pfost —1205 West Overland Road: 20. Ordinance No. C� ? — 13 2- RZ 07-007 Request for a Rezone of 0.19 of an acre from an I -L to an O -T zone for the property Meridian City Council Meeting Agenda — July 17, 2007 Page 4 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Revised 7/16/07 located at 305 W. Broadway Avenue for Vanbrant Property by Maria Vanbragt — 305 West Broadway Avenue: 4?77"Vtx- 21. Ordinance No. 07-/32-9 AZ 07-008 Request for Annexation and zoning of 3.32 acres from R1 to C -G zone for Zamzow's Overland by JR LLC — 3620 and 3650 East Overland Road: 41pYL& V--- 22. Executive Session per Idaho State Code 67-2345(1) )(a) — (to consider hiring a public officer, employee, staff member or individual agent, not to include. This paragraph does not apply to filling a vacancy in an elective office), (b) — (to consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent, or public school student),(c) — (to conduct deliberations concerning labor negotiations or to acquire an interest in real property, which is not owned by a public agency, & (f) — (to consider and advise its legal representatives in pending litigation): Meridian City Council Meeting Agenda — July 17, 2007 Page 5 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Please RAF fir e. NoirCC, ;Thanks .l I COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, July 17, 2007 at 7:00 p.m. `Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to the best of the ability of the presenter." 1. Roll -call Attendance: David Zaremba Joe Borton Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Darrell Taylor with Cherry Lane Christian Church: 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of June 19, 2007 Pre -Council Meeting: B. Approve Minutes of June 26, 2007 Pre -Council Meeting: C. Approve Minutes of June 26, 2007 City Council Regular Meeting: D. Findings of Fact and Conclusions of Law for Approval: VAR 07-010 Request for a Variance to landscape the surplus right-of- way and decrease the required street buffer along Eagle Road from 35 feet to 20 feet for Gateway Marketplace by Landmark Development Group — 3205 East Ustick Road: E. Findings of Fact and Conclusions of Law for Approval: VAR 07-011 Request for a Variance to UDC 11 -3B -7C2 to count existing right-of-way for Eagle Road towards the landscape street buffer Meridian City Council Meeting Agenda — July 17, 2007 Page 1 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. width in the C -G zone for Sadie Creek Promenade Eagle Road Landscaping by Landmark Development Group — Southwest Corner of Eagle Road and Ustick Road (Sadie Creek Subdivision): F. Findings of Fact and Conclusions of Law for Approval: VAR 07-012 Request for a Variance to UDC 11 -3B -7C2 to count existing right-of-way for Eagle Road towards the landscape street buffer width in the C -G zone for Bienville Square Eagle Road Landscaping by Redcliff Development — west side of Eagle Road, south of Ustick Road (Bienville Square Subdivision): G. Findings of Fact and Conclusions of Law for Approval: RZ 07- 009 Request for a Rezone of 24.69 acres from I -L to C -G zone for Jabil Southeast by Joint School District No. 2 — 1303 East Central Drive (Portion of Lot 1, Block 1, of the Jabil Subdivision): H. Development Agreement: AZ 07-005 Request for Annexation and Zoning of 1.46 acres from RUT to an R-4 zone for the property located at 1205 West Overland Road for Host Property by Thomas & JoAnn Pfost — 1205 West Overland Road: I. Development Agreement: AZ 07-008 Request for Annexation and zoning of 3.32 acres from R1 to C -G zone for Zamzow's Overland by JR LLC — 3620 and 3650 East Overland Road: J. Approve New Beer and Liquor Licenses for Rudy's Beverage Concession by Dave Edmark at 2310 Overland Road: K. Water Main Easement Agreement for Paramount Properties on Meridian and McMillan Road: 6. Department Reports: A. Legal Department: 1. Presentation of Consolidated Plan for CDBG with Kay Frances / Emily Kane: 2. Discussion of Draft Ordinance for Garage Sales: B. Fire Department 1. Update on Fireworks Meridian City Council Meeting Agenda — July 17, 2007 Page 2 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. C. Planning Department 1. Update of Transportation Improvement Program Comments from the Meridian Transportation Task Force by Matt Ellsworth: D. Finance / Purchasing Department 1. Bid Results for Meridian City Hall Project Phase 3 includes Tenant Improvements and Mechanical, Electrical, Plumbing: E. Mayor's Office 1. Impact Fee Committee BCA Representative Joe Kunz: 7. Items Moved from Consent Agenda: 8. MFP 07-005 Request for Modification of the Final Plat for Bellingham Subdivision, Phase 3 to eliminate Condition 11 and modify Condition 10 to allow development of Final Map, Phase 3 which requires a Letter of Map Revision from FEMA prior to development of the site for Bellingham Subdivision No. 3 by Bellingham Park, LLC — east of South Locust Grove Road and south of East Victory Road: 9. Continued Public Hearing from June 26, 2007: CPA 07-003 Request to amend the Comprehensive Plan Future Land Use Map by adding and amending pathway locations for the Pathways Comprehensive Plan Amendment by the City of Meridian Parks and Recreation Department: 10. Continued Public hearing from June 26, 2007: Parks Master Pathway Plan: 11. Continued Public Hearing from June 26, 2007: AP 07-004 Request for City Council Review of an Appeal of approved CUP 07-004 to allow for the operation of a drinking establishment in an O -T zone for the Busted Shovel by Sherer & Wynkoop, LLC — 704 North Main Street: 12. Continued Public Hearing from July 3, 2007: PP 07-009 Request for Preliminary Plat approval of 52 residential lots, 2 office/commercial lots and 10 common lots on 19.80 acres in an L -O zone for Meadowlake Village North by Touchmark of the Treasure Valley, LLC — Southeast Corner of Franklin Road and Touchmark Way: Meridian City Council Meeting Agenda — July 17, 2007 Page 3 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 13. Continued Public Hearing from July 3, 2007: CUP 07-008 Request for a Conditional Use Permit approval to create 52 residential lots, 2 office/commercial lots and 10 common lots in an L -O zone for Meadowlake Village North by Touchmark of the Treasure Valley, LLC — Southeast Corner of Franklin Road and Touchmark Way: 14. Continued Public Hearing from July 3, 2007: VAR 07-008 Request for a Variance to UDC 11-6C-3134 which limits cul-de-sacs to a maximum of 450 feet for Meadowlake Village North by Touchmark of the Treasure Valley, LLC — Southeast Corner of Franklin Road and Touchmark Way: 15. Continued Public Hearing from July 3, 2007: MI 07-006 Request for a Miscellanous application to amend the previously approved Development Agreement for Touchmark Living Center Annexation (AZ 99-021) by amending the approved phase boundaries and various other provisions for Meadowlake Village North by Touchmark of the Treasure Valley, LLC — Southeast Corner of Franklin Road and Touchmark Way: 16. Public Hearing: VAC 07-009 Request for a Vacation of the public utilities, drainage, irrigation easements, a future road easement and a farm access easement for Lots 3, 4, 5 & 6, Block 1 of Kachina Estates Subdivision for Cabella Creek by ATM Development, LLC — north of Victory Road and west of Locust Grove Road: 17. Public Hearing: VAC 07-013 Request for Vacation of the public utility easement platted on Lots 1-3, Block 2 for Doris Subdivision by Teach Investments and Seagle Three, LLC — 1330 East Fairview Avenue: 18. Public Hearing: VAR 07-013 Request for a Variance to UDC 11 -3E -4C1 to exceed the 500 square foot maximum structure size for a temporary use to allow a 7,056 square foot tent for a parking lot sale for Joe's Sports, Outdoors and More by Joe's Sports, Outdoors and More — 3415 North Eagle Road: 19 Ordinance No. Annexation and Zoning property located at 120 Thomas & JoAnn Pfost — AZ 07-005 Request for of 1.46 acres from RUT to an R-4 zone for the 5 West Overland Road for Pfost Property by 1205 West Overland Road: 20. Ordinance No. RZ 07-007 Request for a Rezone of 0.19 of an acre from an I -L to an O -T zone for the property located at 305 W. Broadway Avenue for Vanbragt Property by Maria Vanbragt — 305 West Broadway Avenue: Meridian City Council Meeting Agenda — July 17, 2007 Page 4 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 21. Ordinance No. AZ 07-008 Request for Annexation and zoning of 3.32 acres from R1 to C -G zone for Zamzow's Overland by JR LLC — 3620 and 3650 East Overland Road: 22. Executive Session per Idaho State Code 67-2345(1) )(a) — (to consider hiring a public officer, employee, staff member or individual agent, not to include. This paragraph does not apply to filling a vacancy in an elective office), (b) — (to consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent, or public school student),(c) — (to conduct deliberations concerning labor negotiations or to acquire an interest in real property, which is not owned by a public agency, & (fl — (to consider and advise its legal representatives in pending litigation): Meridian City Council Meeting Agenda — July 17, 2007 Page 5 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. �J C� August 10, 2007 MERIDIAN CITY COUNCIL MEETING August 14, 2007 APPLICANT ITEM NO. 5-A REQUEST Approve Minutes for July 17, 2007 City Council Regular Meeting: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: t9 CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. 0 • Meridian City Council Meetina July 17, 2007 A meeting of the Meridian City Council was called to order at 7:05 P.M., Tuesday, July 17, 2007, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Joe Borton and David Zaremba. Members Absent: Charlie Rountree. Others Present: Bill Nary, Will Berg, Anna Canning, Len Grady, Tracy Basterrechea, Mark Niemeyer, Matt Ellsworth, Keith Watts, and Dean Willis. Item 1: Roll -call Attendance: Roll call. X David Zaremba X Joe Borton 0 Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: Okay. I'll go ahead and start tonight's meeting. Thank you all for being here with us tonight. It is Tuesday, July 17th. It is a few minutes after 7:00. We will start tonight's meeting with roll call attendance. Mr. Berg. Item 2: Pledge of Allegiance: De Weerd: Item 2 is our pledge of allegiance. Tonight we will be led in the pledge by our regular citizen Ralph. Would you lead us in the pledge? All rise. (Pledge of Allegiance recited.) De Weerd: Now, Ralph, you know the process here. I do get to give you a City of Meridian pin. So, if you will, please, come forward. After all these weeks or months, thank you for -- Zaremba: And usually there is some candy that goes with it. De Weerd: It usually comes from Bird. Bird: He doesn't look like a kid to me. Item 3: Community Invocation by Darrell Taylor with Cherry Lane Christian Church: De Weerd: Okay. Item No. 2 -- or 3 is our community invocation. Tonight we will be led by Darrell Taylor with the Cherry Lane Christian Church. If you will all join us in the E Meridian City Council July 17, 2007 Page 2 of 77 • community invocation or take this as an opportunity for a moment of reflection. Thank you. Taylor: Heavenly Father, we just truly thank you that when we get together like this we are reminded of what a wonderful country we have where we can come and express our thoughts and our ideas and, Father, we just ask now that you will be with this meeting, that you guide and direct those who are involved. Father, we just thank you for your love and care upon us throughout this day and always and we pray this in Jesus name. Item 4: Adoption of the Agenda: De Weerd: Darrell, I don't know if I have given you a City of Meridian pin. Thank you for joining us. Ralph, he must have been younger. Item No. 4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: We do have a couple requests. Under Department Reports, Item B, Fire Department, the update on fireworks has been asked to be tabled to July 24, 2007. Item No. 14, variance 07-008 for Meadowlake Village North, the variance, has been asked to be withdrawn by the applicant. Item 19, 20, and 21 are ordinance numbers 07- 1326, 07-1327 and 07-1328. With that I move we approve the agenda. Zaremba: Second. De Weerd: I have a motion and a second to approve the agenda as noted. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 5: Consent Agenda: A. Approve Minutes of June 19, 2007 Pre -Council Meeting: B. Approve Minutes of June 26, 2007 Pre -Council Meeting: C. Approve Minutes of June 26, 2007 City Council Regular Meeting: D. Findings of Fact and Conclusions of Law for Approval: VAR 07-010 Request for a Variance to landscape the surplus right-of- way and decrease the required street buffer along Eagle Road from 35 feet to 20 feet for Gateway Marketplace by Landmark Development Group — 3205 East Ustick Road: Meridian City Council July 17, 2007 Page 3 of 77 E. Findings of Fact and Conclusions of Law for Approval: VAR 07-011 Request for a Variance to UDC 11 -3B -7C2 to count existing right-of-way for Eagle Road towards the landscape street buffer width in the C -G zone for Sadie Creek Promenade Eagle Road Landscaping by Landmark Development Group — Southwest Corner of Eagle Road and Ustick Road (Sadie Creek Subdivision): F. Findings of Fact and Conclusions of Law for Approval: VAR 07-012 Request for a Variance to UDC 11 -3B -7C2 to count existing right-of-way for Eagle Road towards the landscape street buffer width in the C -G zone for Bienville Square Eaale Road Landscaping by Redcliff Development — west side of Eagle Road, south of Ustick Road (Bienville Square Subdivision): G. Findings of Fact and Conclusions of Law for Approval: RZ 07- 009 Request for a Rezone of 24.69 acres from I -L to C -G zone for Jabil Southeast by Joint School District No. 2 — 1303 East Central Drive (Portion of Lot 1, Block 1, of the Jabil Subdivision): H. Development Agreement: AZ 07-005 Request for Annexation and Zoning of 1.46 acres from RUT to an R-4 zone for the property located at 1205 West Overland Road for Pfost Property by Thomas & JoAnn Pfost — 1205 West Overland Road: I. Development Agreement: AZ 07-008 Request for Annexation and zoning of 3.32 acres from R1 to C -G zone for Zamzows Overland by JR LLC — 3620 and 3650 East Overland Road: J. Approve New Beer and Liquor Licenses for Rudy's Bevera e Concession by Dave Edmark at 2310 Overland Road: K. Water Main Easement Agreement for Paramount Properties on Meridian and McMillan Road: L. Approve Indemnification and Limitation of Liability Agreement with Idaho Power Company for installation of transformers at New City Hall Building Project: De Weerd: Item 5 is the Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. 0 Meridian City Council July 17, 2007 Page 4 of 77 Bird: I move we approve the Consent Agenda as published and for the Mayor to sign and the Clerk to attest on all papers. Zaremba: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. Mr. Berg, will you, please, call roll. Roll -Call: Bird, yea; Rountree, absent; Zaremba, yea; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 6: Department Reports: A. Legal Department: 1. Presentation of Consolidated Plan for CDBG with Kay Frances / Emily Kane: De Weerd: Item 6 under Department Reports, we will start tonight's meeting for Department Reports with our Legal Department. Kane: Thank you. Good evening, Madam Mayor and Members of the City Council. I'm Emily Kane; I'm a Deputy City Attorney in the City Attorney's office. I'd like to provide you with a brief overview of three documents that you have before you regarding Meridian's entitlement to Community Development Block Grant program application. You have before you three documents that must be submitted to the United States Department of Housing and Urban Development by August 15th in order to obtain a five year grant for the city, which is projected at this time to be about 1.15 million dollars. This PowerPoint looks long, but I'm going to breeze through it very quickly, so that you can get on with the rest of your agenda. If I go too quickly, please, stop me and we can review. There are the three documents that the city must submit to HUD, the five year consolidated plan, the annual plans for 2007, which is the first program year, and an analysis of the HUD housing in Meridian. So, we have contracted with Kay Francis, who is also here tonight and you're familiar with her, to prepare these documents on the city's behalf and she's done that and, actually, done a beautiful job. The 1.15 million dollar amount is based on a projection -- is a projection based on the 2007 allocation for -- excuse me -- for the City of Meridian. There are, of course, federal regulations regarding what the city can spend the money that they do receive from HUD and Kay Francis is familiar with these regulations and has been helping us navigate that. The most important one is that 70 percent of these funds must address the use of low and moderate income persons within the city. So, the draft plan contains priorities for how we will spend the money. It sets forth a proposal for how we can allocate these funds and the first priority that we have identified is economic development, basically, to assist low and moderate income persons by creating jobs and encouraging commercial growth near their residences by revitalizing downtown and we would do this with -- in Meridian City Council July 17, 2007 Page 5 of 77 cooperation with the Meridian Development Corporation. Priority number two is that we would invest in affordable housing, creating new affordable housing, preserving and promoting existing affordable housing, and, finally, working with existing agencies to improve and promote housing resources in Meridian for homeless persons, special needs persons, and elderly persons. The third priority for these funds would be community development. We would use them to directly improve the living environment in the Old Town neighborhood that's been identified as containing 51 percent of low and moderate income homes. So, again, you have before you the three draft documents and on August 7th, which is the last City Council meeting before August 15th, I will come back and I will ask you to give me the green light to submit these documents to HUD on behalf of the city. So, with the -- the rest of this presentation might be a good jumping off point. It summarizes what the documents do and what they need to contain and, then, I guess you just need to slog through the -- they look thick, but they, actually, go pretty quickly and they are kind of interesting, actually. There was a public comment -- or rather a Public Hearing on June 27th and that kicked off a month long public comment period, which ends on July 27th. So, between now and then public comments are being solicited and I'm accepting them. So, please, forward any and all comments, questions, concerns, anything that you'd like to say about the proposed plan to me by the 27th and Kay Francis is prepared to incorporate those into the draft. Are there any questions at this time? De Weerd: For those that might be interested in the audience, can you tell them where they can find the documents. Kane: Madam Mayor, Members of the Council, the documents are available on the city website. They should be -- there should be a hot link that goes directly to them or they are available in the searchable database. I also have some with me tonight and I'll leave some hard copies in the back. De Weerd: Thank you. Council, any questions? Bird: I have none, Mayor. De Weerd: Kay, did you have anything you wanted to add? Thank you for being here. Thank you so much. Kane: Thank you. And I will see you August 7th. 2. Discussion of Draft Ordinance for Garage Sales: De Weerd: Item 6-A-2. Mr. Nary. No, not Mr. Nary. Ms. Kane. Kane: Thank you, Madam Mayor and Members of Council. The draft ordinance before you is -- was drafted in response to a code enforcement concern. They are getting a number of complaints and noticing a number of problems with the -- sort of perpetual garage sales around the city. Folks are having a garage sale that's open all the time, Meridian City Council July 17, 2007 Page 6 of 77 not just for a weekend, not just the situation where folks are cleaning out their attic, but it's sort of a business. So, this ordinance was drafted in response to a concern that what we do have on the books is difficult to enforce, because it's actually an exemption from the mobile vendor license. So, there is not a prohibition in the City of Meridian and no regulation regarding garage sales. So, this is an effort to fix that and address that concern. De Weerd: Council, any questions? Mr. Nary, anything to add? Nary: Madam Mayor, Members of the Council, what I'd like to do is if you have an opportunity to review this, we'd like to bring it back to you within the next -- either your next meeting or your subsequent meeting for approval, if there is other -- if you'd like to have a number of public readings or some other type of form, we can certainly do that. But as Ms. Kane stated, we have had a number of complaints that have come through code enforcement about some ongoing perpetual garage sales that seem to be never ending and those can be problematic and this was just a way to address that. De Weerd: Questions from Council? Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: Ms. Kane, this doesn't require a license for a garage sale, does it? Or does it? Kane: Madam Mayor, Members of the Council, Councilman Borton, it does not require licenses, it's simply an effort to regulate them. De Weerd: Anything else? Council, when would you like to see this again? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I read through it and, surprisingly, have no comments, other than good job. So, I would be ready to see it next week. De Weerd: So, we will put in on the Council agenda next week. Nary: Thank you. B. Fire Department 1. Update on Fireworks: Table to July 24, 2007 De Weerd: Okay. Item B-1 was to be tabled to July 24th. Meridian City Council July 17, 2007 Page 7 of 77 C. Planning Department 1. Update of Transportation Improvement Program Comments from the Meridian Transportation Task Force by Matt Ellsworth: De Weerd: So, up next is our Planning Department. Ellsworth: Thank you, Madam Mayor, Members of the Council. Idaho Transportation Department and the Community Planning Association are in the process right now of updating annually their Transportation Improvement Program, as well as the statewide Transportation Improvement Program, the TIP. The first one I mentioned there is relevant local component. De Weerd: Hey, Matt. I'm sorry. Just to interrupt you. Emily? Emily? Before you leave the room, we want to make sure that we have a line item to accept the entitlement funds and make sure it is in next year's budget. I don't remember seeing that and Councilman Borton had raised that. So, we may want to make sure when the budget comes to Council next week that those numbers are figured into the total. Kane: Madam Mayor, I'll take care of that. De Weerd: Okay. Kane: Thank you. De Weerd: Thank you. Sorry, Matt. I didn't want to lose the opportunity. Ellsworth: No, not at all. Not at all. So, both statewide -- regionally and statewide transportation planning entities are in the process of updating their shorter range plans, these have a horizon of five years, and the comment period is open for both at the moment. For the Transportation Improvement Program, the local component of the statewide transportation improvement program, that comment deadline ends on July 24th. The statewide version ends on August 3rd. So, at last Thursday's transportation task force meeting that was the topic of conversation. The task force members reviewed the document and suggested several -- several comments that they felt -- felt were important enough to forward along to Council for your consideration prior to forwarding them to Compass and ITD respectively. High points are two project specific comments. One pertains to the Meridian interchange rebuild, which, as you recall, was removed from the GARVEE program during the cutbacks that were incurred through the legislature. The comment from the task force is simply to -- to do what you need to do to get that back into the program. Some very important pieces of the puzzle, the local and regional transportation network. So, that's one. Another one is to reiterate support for a Ten Mile interchange and keeping that project on track to begin construction in r: Meridian City Council July 17, 2007 Page 8 of 77 0 2009. The third comment that the task force wanted to get in front of you to consider is kind of a higher level suggestion that they would like ITD to consider and that pertains to -- to pursuing creative solutions to remedy the immediate challenges that are facing the transportation department's funding shortfall. Part of what that comes down to is the possibility of shifting funds between programs, which is steps that they have taken to small degrees in the past, something that the task force felt it might be time for them to reconsider. So, again, that's just a very brief overview of the comments that they felt were important for your consideration. Once, again, the transportation improvement program is the local component of the statewide transportation improvement program, so two comment letters, which will have the same content, and those were the two items that I was hoping for you to consider this evening. De Weerd: Thank you, Matt. Council, any questions, comments? Borton: Madam Mayor? De Weerd: Yes. Borton: Matt, did you get a -- or present any preference with regards to the Meridian interchange and the Ten Mile? Was it -- were they presented in order or both equal considerations, at least from the committee's perspective? Ellsworth: Madam Mayor, Councilman Borton, Members of the Council, there was no priority order attached to the projects. In the letter, the way that it's written, the Meridian interchange rebuild is presented first, followed by Ten Mile interchange, followed by the shift in program funding. Borton: Okay. Ellsworth: But there was no priority attached to any of those. Borton: Okay. De Weerd: I guess the priority is to keep the Ten Mile, which is in the program, on track. The second item was -- was also raised during the value engineering of the Ten Mile in questioning why they would take that out. In order to fit all four lanes for 1-84 you need to rebuild the Meridian interchange and where it exists today they will have to choke down the traffic at Meridian interchange and they will lose that fourth lane until that interchange, whenever it's funded, is built. So, you're going to have a fourth lane that the public won't even get to use and the public, that's you, I would be upset. So, we are upset. I would encourage you to also comment to Idaho Transportation Department, because this is a real system flaw that we found, so did the engineers that evaluated it, and the Meridian interchange should have been rebuilt ten years ago. It has not only system flaws, but if you see kids crossing that bridge when there is a great deal of traffic on there, it brings the fear of God right up in your throat, that some day it's going to take risking a life to get their attention. And I hope it doesn't lead to that to get F Meridian City Council July 17, 2007 Page 9 of 77 0 some of these system improvements. Unfortunately, it's a very expensive project and that is one of the reasons the legislature did cut it out to fit it within the available funding, but it is a critical need ten years ago, but -- and I hope that answered your question, Mr. Borton, and also I know it was a soap box that I took the opportunity to stand on for a moment. Any other comments or questions? Okay. Thank you. I think the letter looks good and we will get it signed and mailed out for the comment. Ellsworth: Thank you, Mayor, City Council. D. Finance / Purchasing Department 1. Bid Results for Meridian City Hall Project Phase 3 includes Tenant Improvements and Mechanical, Electrical, Plumbing: De Weerd: Thank you. Okay. Item D is our Finance Department. Yeah. Anna, you might as well just hold on there. Watts: Good evening, Madam Mayor and Council Members. On Thursday, July 12th, the city received bids for phase three of the tenant improvements of the City Hall project and we have invited our contract manager or construction manager Petra here to review the results with you and talk over any exceptions there are. Wes. De Weerd: Okay. I didn't know who drew the short straw. So, Wes, I see you"re it. Bettis: Always me. Thank you, Madam Mayor, Council President Borton, distinguished members of the Council and staff. For the record, my name is Wesley Bettis, Petra, Incorporated, 1097 North Rosario Street here in Meridian. I'm going to pass out to you here the recap from our bids. The bid packages for the phase three tenant improvements for the new Meridian City Hall were received until 2:00 p.m. on July 12, as advertised and as posted. We received a total of 44 bids in the 18 bid packages. We have one noncompliant bid that was a low bidder. Pacific Steel Fabrication did not have an active Idaho Public Works contractor's license at the time they submitted their bid. That rules the award for this package to the second bidder, which is an additional 3,087 dollars, which is included in that recap sheet, and that contractor is B&B Steel, a long time company in this valley. We also received one bid late. It was not opened. It was recorded as being received by the city clerk's office at 2:14 p.m. on the 12th. That bidder is planning on filing an appeal, because the bid was delivered late by FedEx. They believe that is just cause to appeal the decision. They believe they are the low bidder, but their bid has not been opened. In researching their background, they are a well-established company out of Salt Lake. However, their current Idaho Public Works license is a B rating, which is less than their total bid on this project. So, based on that would have to invalidate their bid, regardless of its value. At this time I would ask you to look at that recap sheet. There are four items in there that are listed as budgets. Those have not been bid yet. That bids July 26th and includes not only the incidental interior caulking, but as well the telecommunications, audio -video, and security service. At this Meridian City Council July 17, 2007 Page 10 of 77 time I would ask the Council to review these numbers and make recommendation for acceptance of these bids, so that a design team, your construction manager, and the low subcontractors may move forward with looking at value engineering options to present back to Council for decisions in the final construction of this project. I will stand for any questions. De Weerd: Thank you, Wes. There is a couple of these packages that you see the low bid is substantially lower than the high. Have you gone through these and do you feel that they are reasonable and we are not going to have a bunch of change orders to bring them closer in line? Bettis: We have reviewed the bids with the low bidders and at this point we have not been able to identify any items that might have been left out or misinterpretation of the plans. The one bid in particular that was particularly low of concern was the plumbing. We did review that with the contractor. It was a very important project for him and he was willing to take the risk and take a shorter margin or lower margin on that scope of work. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: Wes, do you have the same comfort level with the doors, frames, and hardware? Bettis: Councilman Borton, yes, we do. That is Architectural Building Systems. They are also the low bidder on phase two with the exterior doors and frames, so in this sense they had a bit of an advantage already understanding the project and having systems that will work together very effectively. De Weerd: Ceramic tile as well? Bettis: Ceramic tile, yes, Madam Mayor. Schumacher Tile, they believe they made a mistake, but they are standing by their bid. It's not a major mistake, it was simply an interpretation of mud set tile in one area versus thin set tile. They are still comfortable with their bid and they want to proceed with it. De Weerd: Okay. Watts: Madam Mayor, Council Members, we would also ask to -- for approval to enter into our standard AIA contract that we have been using for the CL projects, along with the award. Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. 0 Meridian City Council July 17, 2007 Page 11 of 77 Zaremba: One question on item number 22, security, which you have identified as budget, which I think you said means the bids are coming in next week. Bettis: Yes. Zaremba: The security system would have some impact on doors, frames, and hardware and electrical. Are those bidders able to make adjustments if security says there needs to be some electrical work on the doors to make the security work? Bettis: Council President Borton, Councilman Zaremba that has already been designed in and factored in. What we are looking at for the security system is merely the components and the wiring to go with the security system. The raceways have already been designed in, the strikes are already designed into the door frames, all of this is a complete package. Zaremba: Great. Thank you. De Weerd: Okay. Anything else? Thank you, Wes. Bettis: One last thing for the Council. I have brought for you this evening some information regarding Lead. I do not anticipate discussion on that this evening, but I wanted to give you the opportunity to begin reviewing this information and, hopefully, invite us back to discuss this in more detail, so we can come to a final decision on how you want to approach potential certification of the new City Hall as a Lead building and I will leave that with you as I part this evening. De Weerd: Wes, when do you need to have that discussion? I would imagine the sooner the better and perhaps even in some of the budgets or bids in front of us the Leads consideration is built into these numbers, I would imagine. Bettis: Council President Borton, Madam Mayor that is correct. The specifications included specific Lead oriented components and products that are part of this building. As we move forward through the value engineering phase after your approval of the low bidders, we will be able to identify for you what these potential costs are associated with the Lead design and the total certification. Borton: Madam Mayor? De Weerd: Yes. Borton: Wes, one of the materials that you presented shows a points available current design. Does the current design reflect those lead categories that are already incorporated into the design of the -- Meridian City Council July 17, 2007 Page 12 of 77 Bettis: Council President Borton, yes, those are reflective of the building as it is currently designed. De Weerd: Okay. Zaremba: Madam Mayor, is that subject open for discussion at this time or -- De Weerd: Yes. Well, it would certainly be at your pleasure, but we can either have it now or schedule it for next week after you have had a chance to read through it. Zaremba: Okay. Borton: Madam Mayor, I think that would be -- that would be better. De Weerd: Okay. Mr. Bird, does that work for you? Bird: That's my preference, only I'd like to see it go another week, because I don't think we are going to have -- we are not going to have a full Council again next week. Berg: It will be two weeks after -- Bird: Mr. Rountree won't be back for another -- De Weerd: We don't have anything on the 31 st or the 7th. So, that's putting it pretty far out. Bird: I think it's pretty well into the -- I don't think it's pretty well -- we can discuss that. I just -- I'd like everybody to be here. De Weerd: Mr. Bird, I think you need to articulate, please. Bird: Oh, I think I'm -- De Weerd: Because Dean is -- Bird: Oh, you're trying to hear me? De Weerd: Yes. Bird: Okay. I think I'd like to see it when all the Councilmen are here and everybody has had a chance to look it over and, then, we can look things out and look things over. De Weerd: Council, since we will be here for the HUD discussion for the entitlement city, perhaps we can do it on August 7th. Bird: That would be my preference. Meridian City Council July 17, 2007 Page 13 of 77 De Weerd: Okay. Bird: If we can get through that, we can get through this. De Weerd: We will just bump the time up a little earlier. Borton: Does that work, August 7th? Bettis: That will work. De Weerd: Thank you. Bettis: Thank you. De Weerd: So, Keith, I would imagine you need a motion to approve the bids in front of Council. Watts: Yes, ma'am. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: Keith, I take it the motion excludes the four items yet to be bid, the budget amounts incorporated? Watts: Yes, it does, President Borton. We will be bringing those back I believe in about two weeks. Well, it will be your next meeting. Borton: Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I'll make a motion. We will just go through it individually. I move we approve the - - or accept the bids as apparent low bidders and enter into negotiations, contracts, with the following: B&B Steel for handrail miscellaneous for 73,265 dollars. American Wall Covering for 112,000 dollars. ICWP for millwork and cabinetry for 464,000 dollars. Custom Glass for interior store front and glazing, 68,678 dollars. Architectural Building Supply for doors, frames, and hardware for 277,230 dollars. Overhead and coiling, Crawford Door Sales, for 5,590 dollars. Drywall fireproofing, acoustical tile or ceiling tile, American Wall Coverings, 1,038,550 dollars. Ceramic tile, Schumacher, 110,953 dollars. Flooring -- and I think this is designer floors, not diner -- designer floors, 182,354 dollars. Painting and wall covering from Color Craft for 95,600 dollars. Meridian City Council July 17, 2007 Page 14 of 77 Specialties from SBI for 110,000 dollars. Access flooring, Tack West Interiors, 528,800 dollars. Window coverings, Integrated Interiors, for 11,900 dollars. Operable petitions, the Masonry Center for 20,850 dollars. Fire protection, SimplexGrinnell, 412,879 dollars. Plumbing, Bus, for 953,385 dollars. HVAC, Hobson Fabrication Corp, 2,060,000 dollars. Electrical, low voltage, fire alarm, Tri-State Electric, 2,749,895 dollars. And I don't know what the total is, but I think it's right at nine million -- Watts: It should be on your cover sheet. Bird: Oh, you've got the budgets added in. Watts: Okay. Bird: So, it isn't -- and I don't have a calculator and my brain isn't that -- strong enough to add it in my head. De Weerd: Well -- and it also, then, includes a change from the -- Bird: Well, we went up to 73,260. De Weerd: Uh-huh. Bird: Anyway, that's -- this is individual and it's total about 9,400,000 dollars I would say. Anyway, we got it individual. I move we approve those. Zaremba: Second. De Weerd: Okay. I have a motion and a second. Any discussion? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Did the motion incorporate also utilizing the standard AIA contracts? Watts: As modified by our legal. Bird: It isn't the standard AIA -- Watts: As modified by our legal department. Bird: -- it's done by Frank Lee and Mr. Baird from our department. So, I don't consider it an AIA, It's a revised AIA in the owner's and our favor I hope and it's the same one we have had on all the rest. De Weerd: But your motion includes the -- Meridian City Council July 17, 2007 Page 15 of 77 Bird: But my motion includes that, yeah. Zaremba: Second agrees. De Weerd: Okay. Mr. Berg, will you, please, call roll. Roll -Call: Bird, yea; Rountree, absent; Zaremba, yea; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. E. Mayor's Office 1. Impact Fee Committee BCA Representative Joe Kunz: De Weerd: Thank you. Okay. Item 6-E under Mayor's office. I brought to you about a month ago the impact fee committee. We did not have a representative from the BCA noted at that time that name of that representative is Joe Kunz and so I'd like you to approve that name as a member of the impact fee committee. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: If there is no discussion, I would move that we approve Joe Kunz as the BCA representative to the impact fee committee. Zaremba: Second. De Weerd: Okay. I have a motion and a second to approve the recommendation on the impact fee committee that's in front of you. If there is no discussion, Mr. Berg, will you, please call roll. Roll -Call: Bird, yea; Rountree, absent; Zaremba, yea; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 7: Items Moved from Consent Agenda: Item 8: MFP 07-005 Request for Modification of the Final Plat for Bellingham Subdivision, Phase 3 to eliminate Condition 11 and modify Condition 10 to allow development of Final Map, Phase 3 which requires a Letter of Map Revision from FEMA prior to development of the site for Bellingham Subdivision No. 3 by Bellingham Park, LLC — east of South Locust Grove Road and south of East Victory Road: Meridian City Council July 17, 2007 Page 16 of 77 De Weerd: Thank you. Okay. Item No. 8 is MFP 07-005. We do have a letter from the applicant agreeing with the conditions from staff. So, Council, do you have any questions? If not, I would entertain a motion. Zaremba: Madam Mayor, I do have questions. De Weerd: Okay. Zaremba: Just reflecting on the discussion when this item came through Planning and Zoning Commission when I was there, this and I think two other similar ones came through at about the same time and I forget which one was first, but the first one generated a considerable amount of discussion and several continuances while Bruce Freckleton did quite a bit of research into FEMA's requirements for the letter of map revision and it took us quite awhile to work out the wording that ended up being conditions ten and eleven and the distinction is that even though -- whether this was the first one or the second or the third one, we did the work on one of them and, then, used the same assumptions on the other two. But the applicants were at the time asking that they be allowed to build when they had submitted their letter to FEMA and the distinction of not allowing them to build until the letter was actually approved by FEMA was an important topic of discussion at the time and the distinction, according to Bruce Freckleton, is a significant one, so I guess I do need some discussion from staff about -- I guess without support I'm -- I'm not comfortable -- as difficult as it was for us to work out the wording that currently exists as the old conditions, I'm not comfortable changing it without some support. De Weerd: Okay. Len? Grady: Madam Mayor, Members of the Council, during the last year or so we have -- we have been going through a learning process on a lot of this FEMA stuff and you're exactly right, we were scrambling to get up to speed, but all of the stuff we have learned has been rolled into the FEMA flood plane permit that you obtain through Public Works. Once that permit is obtained, all of that stuff is in that permit, so the people actually sit down with Kyle Radek, our staff engineer, go through all of the procedures, go through the requirements that the city puts onto them, including how they go about applying for it and that type of stuff. So, it's all been wrapped into that permit. So, all we ask is that they not only apply for, but they obtain that permit. So, once that permit's in hand, we are good to go. Zaremba: The new wording, though, would only ask that they apply for it, not that they actually have the approval. Grady: It should say that they obtain it. Zaremba: Okay. Meridian City Council July 17, 2007 Page 17 of 77 Grady: Just the application -- it means they come in and try to apply for it, but once it's negotiated and finalized and they actually obtain the permit, we are good to go. I'm sorry, it was my understanding that it did say obtain. Actually, I should have checked that. Zaremba: My recollection is that what generated most of the discussion and the reason that we were so picky about it at the time was when you make changes in a flood plane, it affects people downstream, you prevent the water from flooding where it's supposed to flood and slow down, it makes changes and we wanted them to have to satisfy all the requirements to make sure that nobody downstream was going to get a problem with their water. So, you're saying that is actually all part of the process. Grady: It's all part of that process and depending on how they want to go about modifying that flood plane, it may -- it may involve excavation to increase areas that they have filled in other areas. So, it's all part of that process. Zaremba: Okay. That helps. De Weerd: So, does that language reflect -- Zaremba: Yeah. I think we may want to change one word -- and now I'm trying to find it. Grady: It definitely should say obtain. I'm not sure whether submit is adequate. Zaremba: The quote in -- the quote that is being suggested is the developer shall submit a flood plane development permit and I would like to suggest that we change that to obtain. Grady: I'm okay with that. De Weerd: Okay. I see the applicant is here. Would you like to comment? If you will, please, state your name and address for the record. Kinkela: Chad Kinkela, Bailey Engineering, 1472 Iron Eagle Drive, Eagle. De Weerd: Thank you. Kinkela: Madam Mayor, Council Members, the reason why we requested the wording of may issue building permits after the developer submits to FEMA is the process with FEMA can take a considerable amount of time. We have hired Mr. Kunz, who has done a whole bunch of flood studies and he works very closely with Kyle. We have shown that the flood plane is all in channel and previously the way the condition was written, the developer would have to go out and effectively build the entire subdivision and wait an unknown period of time until FEMA actually approved this and logistically that just wasn't going to work. So, we sat down with Kyle and Bruce Freckleton and we went 0 Meridian City Council July 17, 2007 Page 18 of 77 0 over all that and everybody had a very high comfort level that once it was in process that everything would work out adequately. Mr. Kunz is doing an upstream and downstream of this project and so that's why we approached staff to make an alteration of this condition. De Weerd: Len. Grady: Madam Mayor, Members of the Council, that's, basically, what we are saying, is part of that permit process will nail down all of those procedures. By obtaining the permit you don't necessarily have the -- well, you won't have the LOMAR in place, you can't, that -- so, that permit process, like I say, will nail all of those procedures down to make sure that everybody is on board with how that will push forward. So, I don't think we are -- I think we are in agreement. Zaremba: Let me see if I can distinguish that the developer would need to obtain the flood plane development permit, but, then, the second sentence you would only need to submit the LOMAR. Grady: Correct. Zaremba: So, we are not changing both words submit, we are just changing only the first time of the word submit. Grady: I'm okay with that. Zaremba: Okay. So, submitting the LOMAR is okay as that doesn't need to be approved. Grady: That's correct. And that would be part of that permitting process is to layout those procedures. Zaremba: Okay. But we do want to change submit in the first sentence to -- Grady: To obtain. Correct. Zaremba: Very well. Kinkela: I agree with that. I apologize for misunderstanding. Zaremba: Well, it actually says submit several times. De Weerd: No. It's good to get that clarification. Kinkela: Okay. De Weerd: Thank you. Okay. Council, I would appreciate a motion. Meridian City Council July 17, 2007 Page 19 of 77 Zaremba: No further comment, Madam Mayor, I would make the motion that we approve Item 8, MFP 07-005, with the change of one word in the first sentence where it reads: The developer shall submit a flood plane development permit application and that sentence will be changed to read: The developer shall obtain a flood plane development permit. And, then, continue on for the proposed construction. Borton: Second. De Weerd: Okay. I have a motion and a second to approve Item 8 with the change as noted. If there is no discussion, Mr. Berg, will you, please, call roll. Roll -Call: Bird, yea; Rountree, absent; Zaremba, yea; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 9: Continued Public Hearing from June 26, 2007: CPA 07-003 Request to amend the Comprehensive Plan Future Land Use Map by adding and amending pathway locations for the Pathways Comprehensive Plan Amendment by the City of Meridian Parks and Recreation Department: Item 10: Continued Public hearing from June 26, 2007: Parks Master Pathway Plan: De Weerd: Okay. Item 9 is a continued Public Hearing from June 26 on CPA 07-003. And it looks like Matt, you have the ball. Would you -- okay. And Item 10 as well. Ellsworth: Thank you, Madam Mayor, Members of the Council. This is the -- these are the two items that you last heard on June 26th. The reason is, as I'm sure you recall, for continuing the items was some concern that was raised by residents who live adjacent to Nine Mile Creek. They were concerned about the potential impacts of that pathway on -- on their land, on their existing uses, which are all residential, and cross sections necessary for the pathways in this neighborhood would cause a considerable impact to these -- to these residents and at Council's direction staff took a step back to more explicitly state the intent of the -- of the draft pathways plan narrative and to come up with several different ways to convey the same message on the future land use map. So, starting first with the draft proposed plan, which grades out a fine grain of detail each pathway segment throughout the proposed network. As you can see on the overhead over there, the current language in the draft plan states from Ten Mile to Cherry there are two pathway options, a long term vision and an on -street network. It goes on to describe the long range vision. So, staff recommends elaborating on that and, like I said, more expressly stating the intent of it, which is -- boils down to the last sentence, there is a long-term pathway is intended for construction upon redevelopment of adjacent properties. And, then, it goes on into the specific pathway descriptions. Accompanying that, within the pathways plan itself, which will be a separate document from the Comprehensive Plan, this segment of pathway is isolated in the revised map 0 Meridian City Council July 17, 2007 Page 20 of 77 that's before you here. This is the zoomed in version. You see Ten Mile, Ustick, Cherry. Nine Mile Creek runs along the dotted green line there and, I apologize, it is kind of tough to see at this scale, but there is a paralleling off-street route, that is the one in red, and that's referred to as just both the on -street route, it's a proposed pathway route, and, conversely, the long-term route, which would -- which would coincide with the description that I just read. So, that's on the side of the proposed pathway plan. Now, diving into the -- the future land use map, which is the second part of this application. Again, Council directed staff to come up with several different options of how that could be displayed to clear up any misconceptions that there may be, any confusion that would result from the way that it was previously proposed. So, the first option here does not graphically display the long-term creek route for the on - street network route as proposed, instead, if you take a look at the legend over here, multi -use pathway with an asterisk, down below in the notes the asterisk reads: Multi- use pathway locations are illustrative and approximate. For actual pathway specifications and locations, please, refer to the Meridian Pathways Master Plan. So, right off the bat that refers any potential users to this more detailed document that will really get into the nuts and bolts of the plan. Option number two does graphically display differently the on -street network and the long-term vision. The long-term vision is a blue hashmark, as opposed to the gray hashmark for the on -street route. They are separated accordingly over here in the legend and, in addition, another possible note expressly states the same language that was shown previously in the draft plan and that is that long-term multi -use pathway segment is intended for construction upon redevelopment of adjacent parcels as described in the Meridian Pathways Master Plan. So, moving along to a third possible option. This one, like option number one, does not distinguish between the on -street route and the creek side pathway. It does, however, distinguish in the notes and isolates the Nine Mile Creek pathway, just to let folks know that there is something else going on there, the creek side segment of Nine Mile Creek pathway between Ten Mile Road and Linder Road is intended for construction upon redevelopment of adjacent parcels, as described in the Meridian Pathways Master Plan. And that could be included along with the other notes that are on the future land use map. And, finally, the fourth option -- and that is to entirely remove the pathways network from the future land use map and to include a note, along with the others on the future land use map that states the future pathway network, including segment alignments and details, is incorporated by reference into the future land use map and that's the option that staff is recommending at this point for several reasons, the first of which is because to include that much information with gray hashed or blue hashed lines implies that there is a greater level of detail than -- than what that map is intended to provide. The reasoning behind putting together the pathways plan in the first place was to get to that higher level of detail. The concern of staff is that the public take a look at that, think they know everything there is to know, and move forward from there. Another reason is pure clutter on the future land use map. There is a lot going on there. There is an enormous amount of information and we were concerned that trying to make that sort of distinction between a long term and an immediate pathway route might, again, be overkill. Now, so that everybody is aware, I did sit down with some of the residents who came before you on the 26th on July 11th and at that meeting I presented them with these four options. There was no discussion at our meeting, I just • Meridian City Council July 17, 2007 Page 21 of 77 wanted to make sure that they were aware of what I would be presenting to you, so that they had time to collect their thoughts and prepare any testimony that they -- that they would want to bring forward this evening. I also had a conversation last evening with another resident who was unable to attend that meeting on the 11th and, again, there was -- there was relatively minimal discussion about the plan itself, although that resident did encourage me to -- and if you take a look at the overhead over here -- consider the feasibility of routing the proposed creekside pathway over to an undeveloped piece of land over here and I did my best to explain that this alignment -- there would need be a connection from Ten Mile over here to Cherry in the south before it picks back up with the creek side path. Wasn't an option, just due to the developments that are already in place to the south and to the east of that undeveloped piece. But I did want to bring that to everybody's attention to make sure that we were all on the same page and, hopefully, that resident is here this evening and she can -- she can restate her position to Council if she feels it would be beneficial. So, with that I would stand for any questions. De Weerd: Okay. Council, any questions for staff? Bird: I have none, Mayor. De Weerd: Okay. Thank you, Matt. This is a Public Hearing and I did have -- Anna, did you have a comment or a question? Canning: Yes, please, Madam Mayor. I wanted to add one other clarification on why we are kind of suggesting that the pathways plan be removed from the land use map at this point. One of my concerns is that if we point out the detail just on the Nine Mile Creek, that if someone goes to one of those other areas where there is more detailed information in the pathways plan, but it isn't shown on the land use plan, that they will say, well, wait a minute, you showed Nine Mile Creek as having the more detail, but not this one. Therefore, you didn't really mean that this one was important, because it's not included on the land use map as well. Does that make sense? I'm worried about having more specific information for just one portion of that pathways plan and I was always a little bit uncomfortable about putting the pathway plan back on the land use map when we had the more detailed information, but because we were leaving it very general, I had some comfort level. But since we are going to the more specific, I would very much like to move it just to the pathways plan and incorporate that by reference. Thank you. De Weerd: Thank you. Okay. I did have several sign up on this item. When I read your name and indicate how you signed up, if you would like to provide testimony, you're sure invited forward at that time. Jack Gann signed up against. Okay. Would you like to provide testimony? Okay. Kevin Barkell signed up against. If you will, please, state your name and address. Barkell: Kevin Barkell. 2181 North Maxie Place. • Meridian City Council July 17, 2007 Page 22 of 77 De Weerd: Thank you. Barkell: According to all these options, I hear one word. Redevelop. Actually, two. Future redevelopment. What exactly does that mean? What does that mean to us homeowners along there? Can a developer come in some day and decide he wants to buy up places and ask for a rezone and go ahead and buy it up just so that pathway can go through? I would like to have that clarified. What does that mean? And also why is it that the stretch between Cherry Lane and Ustick is being considered and nothing else? There are a lot of other homes, not only on Nine Mile Creek, but on a lot of other drainages or creeks throughout Meridian that entail private property. That needs to be taken into consideration. And not just -- not just our section, but every section needs to be taken into consideration on this. I find it kind of frustrating, too, that I drive by the Busted Shovel down here and there is sign posted on Broadway and a sign posted on Main Street that they are going to consider that -- a proposal to change it from bar status -- or from restaurant status to bar status. Why don't we have these signs posted on Cherry Lane, on Chateau, where the parks are at, where the pathways are going through, so the general public will know what's going on? When I read -- first read on this in the paper a year or so ago, eh, whatever. And, then, one day read on it, oh, pathways, park, city -- wait a minute. I stepped out my back door and I went there is the park, that direction leads to the city, this is my backyard -- huh-uh. Wait a minute. This is private property. A lot of homeowners don't -- they don't see this. They don't know. Because it's not posted. It's not out there. Planning and Zoning and parks and rec has not let everybody know. It's stuffed on the back shelf, it's stuffed in the bottom of the file. Do you realize how hard it is to get this information off the internet when it's -- the City Council doesn't post until after 4:00 o'clock in the afternoon what the next week's meeting agendas are, so it makes it really difficult for us to plan these things. I had trouble -- I have had trouble getting the Adobe to download from parks and rec or Planning and Zoning to get these agendas a week or two in advance to find out what's going on. You need to let these other homeowners -- not just on Nine Mile Creek, but throughout the city. You got Nine Mile Creek right there cut off at Cherry Lane. What about the other homeowners right there from Cherry Lane that go over to Linder? Are they in consideration on this? There has not been a word said. Thank you. De Weerd: Thank you. Matt, could you, please, go over the public participation, how notice was given, and kind of how -- how the city approaches that. Ellsworth: Madam Mayor, Members of the Council, yes. Throughout the planning process there were two public meetings held to gather input on the draft plan and to sort of make revisions as it works towards a draft. That was prior to any application being submitted to -- to parks and rec, Planning and Zoning, or City Council. Each of those public meetings were advertised on the city's website through media release. I don't have the full outline in front of me right now for the public involvement. The avenues that were available we certainly used. Like I said, it was online, immediate release. know that the Statesman picked up on it. I know at the parks and rec hearing there was more media coverage here as well. And as I understand it -- I may defer to Mr. Nary on this, but the noticing requirements are different for an area of impact wide application, • Meridian City Council July 17, 2007 Page 23 of 77 • as opposed to a site specific, a parcel specific request, and I don't know, Mr. Nary, if you have anything to add there. Nary: Madam Mayor, Members of the Council, Mr. Ellsworth is right, I mean as most of you know, when it is a larger type of change such that we are looking at, that's the general type of notice that's expected by the state code is public service announcements, general publications in the newspaper, you know, sometimes if -- in larger cities you may have public service announcements on television or radio or things like that, but signs aren't the method used to notify folks. You know, I think maybe some of the discussion that was had is maybe some of the misunderstanding. The entire plan is not just for this one section of the city, it's the entire pathway plan, and so all of those homes may or may not be affected. Some of them don't have private property rights that extend to those particular areas where those pathways are, some do. That's why this particular location we have spent more time in testimony is because there is specific areas that have private property that actually extends to the middle of the ditch. Many of them don't. Many of them already have easements, they no longer have a private property interest in the area where the path is proposed to go at some point in the future. The other question that was raised was whether or not a private developer could purchase that property and private developers can purchase any properties. I mean that's what redevelopment simply is, is that -- because I think the prior discussion was based around where these properties are located and narrowness of the pathway along the ditches, then, realistically, the only way a pathway could be put through there is either through public or private dedication of the ground or purchase by someone else, redevelopment of that, whether it's another home or some other use, that could be done in this particular area -- again, all those things are just factors that could happen. But that's all that redevelopment was intended was that right now the way the houses are configured and where the location of the pathway is, it is not likely to build there and that's why there is an alternative. So, I think a lot of that information was had at other meetings and the last meeting for prior to this one where it was set over, the June 26th meeting, that was discussed. So, that probably got lost in some of the discussion, but I think that would have answered most of the questions that were raised. Ellsworth: Madam Mayor? De Weerd: Yes. Ellsworth: If I may. Relating back to the original question, the noticing and so forth that I mentioned a moment ago, was all pre -- pre -formal application. Once the applications were submitted they moved through hearings at the Parks and Recreation level, also the Planning and Zoning Commission level and, then, prior to the 26th at City Council level. At each of three hearings notice was given through the papers and so forth per Idaho Code. So, that's -- that's how it had been noticed for tonight. De Weerd: Matt, when the consultant went through, there were not very many situations like this where you had anything that had the private property that the 0 Meridian City Council July 17, 2007 Page 24 of 77 9 pathway would have fallen on. Most of those were all on existing easements and ditch right of way. Ellsworth: Madam Mayor, Members of the Council, I can't one hundred percent answer that. I don't know the level of on -the -ground surveying and on -the -ground property line research that went into -- into this plan. I do know that along the Nine Mile Creek in this segment -- this is the only piece in town that does have a paralleling alternate route on roadway, which was in recognition of the impacts that that Nine Mile Creek pathway creek side would have on adjacent land owners. I don't think that the intent of this plan was to get into the implementation measures and understanding that each of these segments is different, property lines are different along different segments and, then, even along the same segments there could be different property ownership throughout those. I don't think that the Meridian pathways plan attempted to get to quite that level of detail. I think it was an interim step between the network that currently exists on the adopted future land use map and those implementation steps. It's tightening the screws on the level of detail that is available. It's getting to the grain of detail of, for example, creek X will ultimately be constructed on the west versus the east side of the drainage facility and things of that nature. But I don't know the level of detail they got into researching property lines and so forth. De Weerd: It seems like that came up in a parks commission meeting on this pathway plan, so I didn't know if you could comment on that or not. Okay. Council, any further questions for staff before we continue? Borton: Madam Mayor? De Weerd: Yes. Borton: Just a comment on -- is it Mr. Barkell? Mr. Barkell's questions, which I think are great questions, when we talk about noticing provisions in general, while the city does everything and did everything in this case fully compliant with our rules, this could be one of those situations where we can try and venture out and more in the unique circumstances, provide some additional notice, take some extra effort. Also, this is, again, part of the public process. You're here tonight, which is great. There really haven't been any final decisions on any of this. So, it feels like your input is late, it is -- it's timely and I think what you bring up is a valid concern we need to be mindful of, not only with this type of application, but as further comprehensive changes to our land use map as we go forward and try and focus on individuals that might be greater impacted than others. Maybe that's not feasible, but it's a good idea to keep an eye out for. With regard to -- you asked the question on the redevelopment phrase and I think our city attorney answered it very well and maybe we need to put in additional language that says if any or if ever, the general idea is, should it eventually redevelop at some point, if ever, maybe it never does, maybe there is not the private developer that comes in and purchases the homes, which would, then, allow for the pathway. There is a lot of ifs that goes in and it sounds like some of your concern was that the redevelopment is some -- some plan as soon as we approve this, to come in and buy a swath of land behind your Meridian City Council July 17, 2007 Page 25 of 77 house. That's not the intent. And the way we want to make sure it's worded doesn't convey that. Should private developers come in and buy a whole bunch of houses, Lord knows what they might want to do, but that would be a location. So, I hope that gives you a little more concrete answer. You wanted specific, I wanted to give that to you. Okay. That's all I have. De Weerd: Thank you. And we appreciate that. Zaremba: Madam Mayor. I would only add to that comment that this is -- this is an issue with all planning efforts. When we try to plan for what a vision may be way down in the future, we are often talking about a use that is not the existing use, and as Councilman Borton pointed out, it is not Meridian's intention to go out and force anybody to do something, but if some day somebody comes along and offers you a bundle for your property, which you may or may not be willing to take, but this is just putting them on notice that if they did, they need to consider that if they are going to change the use, we may want some changes as well. So, in all planning efforts it's difficult to draw the distinction between whether somebody is going to come out and force you and I'm confident in saying that answer is no -- or whether we just say this is a vision for sometime in the future whenever and that's true with any planning efforts. Just a comment. De Weerd: Thank you. We have Phyllis Pervis that is signed up against. Good evening. If you will pull that microphone down. Thank you. Pervis: I'm Phyllis Pervis and I live at 2217 North Maxie Place and it is on the Nine Mile Creek and at the other meeting I had suggested an alternative and the options came out and they all -- there was nothing even showing on the options of the alternative plan that I had suggested, which was west of the street Man of War there is a -- a lot that is being -- or acreage that is being farmed there and the area is also from Chateau to Cherry Lane and people are using that as a walkway now and it's not by a creek, but it is undeveloped right now and if it would be developed, then, they could work with the contractor that developed that land and make a path there, instead of using the Nine Mile Creek area. And so I think that that should be considered. Also, there have been a signed petition of between 85 and 90 people saying that they are not in favor of the path by their house and along the creek and that has been documented and I think that that should be taken into consideration. And I'm also very concerned about the wording on the redevelopment area there. I think that that could be reworded to something besides redevelopment, because it makes it look like, well, somebody could just redevelop and, then, they move, you know, and buy our land and -- or they'd have to agree to sell your land, but I think that that could be reworded. And so that's all I have to -- Zaremba: Madam Mayor? De Weerd: Yes. One of our Councilmembers has a question for you. 9 Meridian City Council July 17, 2007 Page 26 of 77 Zaremba: For clarification, could I ask you to use the light pointer that's there -- or if it's not there I have one you can use and identify on the map the pathway that you were -- just use the light and run it along the map to show where you're -- De Weerd: She's suggesting to go down -- down Ten Mile, down West Chateau right here and connect that way. Is that what you were suggesting? It's to eliminate this area and just go down Ten Mile and over. Okay. Sir -- Nary: You can't testify from there. De Weerd: You can just show it. Okay. Okay. So, you're suggesting coming down here? Pervis: Uh-huh. There is undeveloped farmland they have right there by Chateau and - - by the Chateau park, right straight, and Man of War is the one street and, then, the area just west of Man of War and it goes straight through the area and that would eliminate the creek area. Zaremba: Maybe that arrow cursor is helping, but I'm still not understanding how you would get from this undeveloped property to Cherry Lane. Bird: Right down that -- Pervis: It goes right straight down. Zaremba: There is a pathway here? Bird: Right through the -- there is a pathway there. De Weerd: I think there is an easement. There is a ditch easement that they buried the pipe in there and so it is just a weed patch. But it's not wide enough. Nary: Yeah. I was going to say, it isn't -- I live right there, too. It isn't wide enough. It is buried behind it, but it's behind that small office complex on Cherry Lane. It runs behind the west side of the buildings on the west part of the property and, then, winds behind it and, then, connects to that farm that's in the county. It's -- I would be surprised it's six feet wide. It may be eight feet wide at the other end, by the end of where the farm is by Chateau, it's a little wider there, but it's not as wide as it gets down to Cherry lane. De Weerd: And, ma'am I'm sure that's probably one of the reasons why staff didn't include that as an option, because it was not wide enough. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Meridian City Council July 17, 2007 Page 27 of 77 Bird: You mentioned that there was a petition signed by how many people? Pervis: Between 85 and 90. Bird: And it was turned in? Pervis: Yes. De Weerd: It was in your packet. Bird: It is? I can't find it. Pervis: Thank you. De Weerd: Thank you, ma'am. Patsy Kern signed up against. Kerns: I'm Patsy Kern. I live at 2151 North Maxie. I just have two things. De Weerd: Okay. Kerns: First of all, you asked Matt if they had checked out whether there was private property along this pathway. When we asked him about that, if it had been checked out, he said he had not walked it, but one of his -- De Weerd: Colleagues. Kerns: -- colleagues had walked it and, then, they had not walked it, he had admitted, they just used the aerial, like Google or something like that, to check it out. So, they never actually walked it and checked out what was private property. That's just one comment I wanted to make. The other thing is -- and maybe this is kind of a naive question, but suppose someone comes in and offered Kevin and Phyllis a whole bunch of money for their places or even more than that and there is two or three of us that hold out, can the city, then, use eminent domain to come and buy those easements from us? De Weerd: Ma'am, we love pathways, but we don't like them that much. Kerns: Okay. De Weerd: I can't even see us paying that kind of money, so -- Kerns: So, when I talked to John over at Nampa -Meridian and he said that unless the homeowners agreed to sell -- or to grant you the easements, they would never consent to it. So, that was comforting for me, too. De Weerd: That's correct. Meridian City Council July 17, 2007 Page 28 of 77 Kerns: Okay. Thank you. De Weerd: There is a lot more intricacies to getting a pathway done than -- Kerns: Good. De Weerd: Okay. Those were the members that were signed up from the public on this item. Is there anyone else who would like to provide testimony on this item? Okay. Staff, any further comment? Ellsworth: No, Madam Mayor, Mr. President. No. There are no further comments from staff. De Weerd: Okay. Council, questions? Bird: I have none. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I would comment for my own clarification a restatement of what I think both Mr. Ellsworth and the director said, that the idea is to keep the Comprehensive Plan amendment to something that's fairly simple and straight forward and make sure that in the Comprehensive Plan there was reference to the separate parks master pathway plan. If that's what you said, I certainly would support that approach. Am I interpreting correctly what was said? Ellsworth: Mr. President, Members of the Council, Councilman Zaremba, that's correct. On Option Four here, like I said, it entirely removes what is currently graphically displayed as a gray hatched line that represents the proposed pathway network. It entirely takes that off the map and, instead, it addition to the existing notes on the corner of the future land use map, an additional one would be added that states the future pathway network, including segment alignments and details is incorporated by reference into the future land use map. So, it automatically refers anybody who is looking at the map to the master pathways plan, avoids any confusion that would result from a lack of detail on the future land use map. Excuse me. Zaremba: So, that would make the Comprehensive Plan more consistent with itself throughout and be much -- to me it would be easier to administrate and to explain when somebody does bring up a question, yes, there is a separate master plan. The Comprehensive Plan is general, which is true of all the subjects in the Comprehensive Plan. So, that sounds like a fair request to me. Meridian City Council July 17, 2007 Page 29 of 77 De Weerd: Okay. Anything else, Council? If there is no further information needed, do you feel comfortable in moving forward or do you need further information? Okay. If there is no further comment, do I have a motion to close the Public Hearing? Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: I move that we close the public hearings on Items 9 and 10. Bird: Second. De Weerd: Okay. I have a motion and a second to close the public hearings on Items 9 and 10. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Okay. Discussion? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: A question for legal. Is the -- the moving action of the Council separate as to nine and ten or -- they seem to be wrapped into one single action. Nary: Madam Mayor, Members of the Council, Councilmember Borton, if your desire is to do what was recommended -- suggested by staff is to separate them, you probably want to incorporate that into separate motions. If you're going to make basically reference in the Comprehensive Plan and, then, if you have specific recommendation for a specific direction on the pathway plan, it would probably make more sense to separate those two, because we will have to bring you back a resolution on the Comp Plan amendment anyway. Borton: Okay. De Weerd: Okay. Anything further? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move that we approve CPA 07-003, the pathways Comprehensive Plan amendment, selecting specifically Option Four that has been presented to us and insuring that there is reference in the Comprehensive Plan to a separate parks master pathway plan. Meridian City Council July 17, 2007 Page 30 of 77 Borton: Second. De Weerd: Okay. I have a motion and a second to approve the Option Four as noted by the motion maker. Any discussion? Okay. Seeing none, Mr. Berg, will you, please, call roll. Roll -Call: Bird, yea; Rountree, absent; Zaremba, yea; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Thank you, Mr. Will Berg. Okay. That was Item 9. Mr. Zaremba. Zaremba: Madam Mayor, I move that we approve the parks master pathway plan and in its relationship to the Comprehensive Plan, that the parks master pathway plan be in more detail and include the options and alternatives that have been discussed, some of which are able to be implemented much sooner than the long range plan identified in the Comprehensive Plan. Is that too general? Do I need to be more specific? De Weerd: Anna, did you have comment? Canning: Madam Mayor, Members of the Council, Councilmember Zaremba, I believe that the proposed rewording is not in the document that's actually before you, so you would have to include that in your motion, if that's what you intended. And if there is other changes to that that you wanted, if you could let staff know what that is, that would be most helpful. Zaremba: I would propose to include in my motion the staff proposed rewording. That appears to cover the subjects. Nary: And Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor. And you will -- Councilmembers, you will see this again, because we will bring -- since we are separating these out, we will bring a resolution that approves the parks master pathway plan separately from the Comp Plan amendment. So, we will include that wording with -- we will work with the planning department and if there is other additional changes, you always have the opportunity to make that amendment as well and bring it back, so -- Zaremba: Thank you. De Weerd: Okay. Mr. Zaremba, let's try that motion one more time. Meridian City Council July 17, 2007 Page 31 of 77 Zaremba: Okay. Madam Mayor, I move that we approve the parks master pathway plan to include the staff proposed rewording that is currently displayed on the screen. And if that's sufficient reference, I'm through with the motion. Borton: Second. De Weerd: Okay. I have a motion and a second. Discussion? Seeing none, Mr. Berg, will you, please, call roll. Roll -Call: Bird, yea; Rountree, absent; Zaremba, yea; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 11: Continued Public Hearing from June 26, 2007: AP 07-004 Request for City Council Review of an Appeal of approved CUP 07-004 to allow for the operation of a drinking establishment in an O -T zone for the Busted Shovel by Sherer & Wynkoop, LLC — 704 North Main Street: De Weerd: Thank you. Okay. Item 11 is a continued Public Hearing from June 26, AP 07-004. It was continued to post -- for proper posting. Council, I would have a question for you. Councilmen Borton needs to recuse himself from this item. That leaves two Council members and I apologize to anyone who is here, but since I don't know what Council's decision is, I will ask the question. Do the two Council members feel comfortable moving forward on this application? And we will apologize, we didn't know we would only have two present on this. It is your choice. Bird: I don't have any problem making a decision, but I don't think it's fair to the applicant to have half a Council, personally. Period. We should have known this -- we should have known this ahead of time, so these people didn't show up and had it scheduled when we had a third person. De Weerd: Well, it was scheduled for last week and Council Rountree was here, so this is not -- Bird: But we didn't have a full Council last week. I have no problem going on with it, but I don't think it's fair to the applicant, period. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, the fact that Councilmember Borton recused himself doesn't prohibit you from going forward. If the appellant -- and in this particular case we have an appellant who is not the applicant for the CU. The CU was granted by the Planning and Zoning Commission. The appellant that has brought this in front of you is not the applicant himself. Certainly if either party objects to going forward Meridian City Council July 17, 2007 Page 32 of 77 and would prefer that three members of the Council be here, they can certainly request that. If they don't have an objection, there is certainly no reason not to go forward otherwise. But you can certainly ask either party if they have an objection and make your decision on whether to continue this matter, based upon that, if they want to voice to you what that objection is. Zaremba: Madam Mayor, I would like to have that question asked. De Weerd: Okay. Borton: Madam Mayor, I'm going to step out. De Weerd: Okay. Sherer: Madam Mayor, Honorable Council, my name is Steve Sherer. I do represent the appellant in this matter and we are perfectly satisfied with the representation of the Council here this evening and would like to proceed forward. Bird: Okay. De Weerd: Okay. Bird: I have no problem with that. De Weerd: Okay. Do we hear from both parties? Nary: You certainly can. You certainly can ask the applicant -- the property owner if he has any objection. Kosterman: Madam Mayor, Council Members, I'm Bill Kosterman with Busted Shovel and I'm comfortable with moving forward with this. De Weerd: Okay. Thank you. Bird: Answered my question. De Weerd: Thank you. Sherer: Thank you, Madam Mayor, Honorable Councilmen. De Weerd: If you will just restate your name and address one more time. Sherer: Okay. My name is Steve Sherer. I represent the appellant Sherer & Wynkoop, LLP. We are appealing from the Planning and Zoning Commission decision that granted Conditional Use Permit -- thank you. Meridian City Council July 17, 2007 Page 33 of 77 Canning: Madam Mayor, this is a new Public Hearing. Generally we start off with the staff comments. De Weerd: I thought since it was an appeal that they stated their -- so -- Nary: Madam Mayor, Members of the Council, normally on even appeals you have generally had staff at least to lay the groundwork of why you're here, what the basis of the appeal is, that stuff. It's not really -- it's not your traditional application, but certainly that is the standard that we have. De Weerd: Sometimes we do and sometimes we don't. Yes. Staff. Canning: Madam Mayor, Members of the Council. This is the first time we have had before you an appeal of a Planning and Zoning Commission final decision and that's why this is a different process. But I did want to go through -- what the Council review says in this case is that you hold a new Public Hearing on that original Conditional Use Permit. It's not just an appeal hearing, it is a new Public Hearing and, therefore, I wanted to go through my usual Public Hearing notes for you all. De Weerd: Thank you. And we love hearing your voice. Canning: Yeah. I know. Okay. Madam Mayor, Members of the Council, this is the Busted Shovel project and it's located at 704 Main Street on the northeast corner of Main Street and Broadway, as you are all aware. The application before you tonight is Council review of the Planning and Zoning Commission decision to approve the Conditional Use Permit for a drinking establishment in an existing OT district. The findings for that approval were -- they were approved on May 3rd, 2007. The Busted Shovel was approved as a restaurant use with an accessory bar. The Busted Shovel would like to operate as a bar for purposes of the smoking laws and are, therefore, requesting this conditional use approval for the drinking establishment. Furthermore, the Busted Shovel does not allow admittance of persons under the age 21. So, the classification as a drinking establishment fits with their use better than the restaurant with the accessory bar. This application -- as you know, Harry's Bar and Grill was in that same spot for a number of years. They did receive conditional use approval in 1995 for a sidewalk cafe consisting of five small tables and ten chairs as an extension of the existing use. Those -- that outdoor cafe was only allowed for 10:00 a.m. to 10:00 p.m. We have not been able to find any other planning department documents or city conditional use approvals for that site. Therefore -- I'm sorry. Moving on. Harry's Bar and Grill received yearly renewals of their liquor licenses and those state liquor licenses have a box that you can check that says restaurant certificate and if it says yes, then, they are a restaurant with an accessory bar. If it's not checked, then, they are a full drinking establishment. And we did pull the last five years of the liquor license and in January to April of 2002 it was listed as a restaurant. In May of 2002 to April of 2003 it was a restaurant. In May 2003 to April 2004 also a restaurant. In May 2004 to April 2005 it switched to a bar. And that was continued in 2005 to 2006. So, because it was a renewal I didn't catch the fact that they had changed it from a restaurant use to bar Meridian City Council July 17, 2007 Page 34 of 77 use without going through the conditional use process and, then, the busted Shovel folks, the Kostermans came and they asked is this a bar or is this a restaurant and our understanding was that it was a restaurant. They were looking at the liquor license as they saw it to be a bar. So, there was a -- there was some confusion, partly as an error on my part, but they got a zoning verification letter and we said the site was approved for a restaurant with an accessory bar. So, that's how the Busted Shovel was able to go in there. We have been working with them, hopefully, to get them approved as their -- as their drinking establishment, because that is the direction they wanted to take the -- I have a photo of the existing facility, as you know. Okay. Now, the Planning Commission heard this item on April 19th, 2007, and they did approve it at that time. They were all in favor of the application. There was one absent. William Kosterman spoke in favor of the application. No one spoke in opposition or commented. There was written testimony from David Wynkoop and Carol Gabrielson. Excuse me for that. The key issues of discussion by the Commission were parking for the site and the license agreement with the Ada County Highway District for chairs and tables within the right of way. There were no key changes to the Commission recommendation. There has been written testimony since the staff report and that's in the form of a request for the Council review and that was filed on May 18th, 2007, by Sherer and Wynkoop, LLP. The request for the appeal was based on the following information -- and I will read it and, then, I will give a -- just a brief explanation from staff. The applicant was not -- has not applied for a license agreement with ACHD for outdoor seating and tables within the right of way. We did speak to ACHD. They have applied for that license agreement. It has not yet been fully processed, so they have not obtained it, but they have applied for it. The previous license agreement and Conditional Use Permit for Harry's required the sidewalk cafe to allow for a seven and a half foot walkway. A walkway at most is three and a half to four feet wide. Required railing, tables, and chairs to be moved inside every night at 10:00 p.m. The applicant does not do this. Also required table, chairs, and railings to be located within five and a half feet of the building. These have been extended further by the applicant. I'm just paraphrasing the appellant's statements here. To be truthful, the planning department, because it's the jurisdiction of the Ada County Highway District, didn't really consider the outdoor cafe and area in their staff report. It's really part of the Ada County Highway District's decision on whether or not to allow that there. But I think that the Planning and Zoning Commission did consider that and did address some minimal sidewalk width standards for those. The third bullet point. There are already three bars in this block. Another bar would provide an negative appearance as vehicles enter Old Town from the south. And the fourth bullet is the lack of off-street parking. As you know in Old Town, the code is designed to allow for some alternative parking allowances within Old Town and we have been working with the Meridian Development Corporation to get an in lieu fee to address those issues as well. This particular site does have five on -street spaces in front of the building and we have counted those in the past toward kind of an alternative parking plan. It also has four off-street spaces behind the building through a signed agreement with Robert Malagon, owner of the Comfort Zone located at 706 Main Street. So, it does have four off-street spaces as well. With that I will answer any questions Council may have. De Weerd: Okay. Council, any questions for staff at this time? 11 Meridian City Council July 17, 2007 Page 35 of 77 Bird: I have none, Mayor. Zaremba: Madam Mayor, I do have -- De Weerd: Mr. Zaremba. Zaremba: -- I guess more of a process question. The items that are listed as issues -- the fact that there are already three bars, those actually came in the -- the other bars along this block actually came into existence after Harry's, I think, so this particular use has been fairly similar for a long time. I'm not sure how that becomes an issue. The other items appear to me to be things that would be handled by our compliance officer or ACHD. So, I guess my question for our legal Council is a process one. How does somebody establish standing to make this appeal? Nary: Madam Mayor, Members of the Council, Councilmember Zaremba, we don't have a requirement as to what specific standard you have to appeal. You have the right -- the right to appeal the granting of the Conditional Use Permit. This Council has the decision on whether the testimony and the evidence as presented to you is adequate to either uphold that appeal or deny that appeal. So, all of those questions you just asked were probably more appropriate for the appellant to be able to answer in your mind whether or not they have brought enough information to you to, then, make a decision on the underlying permit that was already previously granted. I'd like to add one more thing that sometimes comes up in these types of discussions regarding outdoor cafes. We don't have an ordinance in the City of Meridian that either regulates outdoor cafes, establishing what they mean or what they are supposed to be. We don't have any standards in our -- in the general ordinances about how they are to be conducted. We do have an ordinance regarding open container and the law in the city regarding open container basically makes it a violation to allow any alcoholic beverage off your premise. And what it defines as your premise is -- is your premise is is what you tell us it is, which it includes anyplace that you are legally allowed to have alcohol. And that's the reason the license agreement is an issue. If they have a license agreement, then, they can legally use that area of the sidewalk as an extension of their business, they can establish that as their premise under the license and, therefore, it's not an open container violation. We don't have any other regulations of that type of activity on the sidewalk, because, again, it's the jurisdiction of the highway district, not the city. But that sometimes comes up and I just wanted to clarify that before we started, that that's -- that's the only analysis that my office was asked in regards to the use of the sidewalk for this purpose and that's the only ordinance we have that deals with this open container. Zaremba: Madam Mayor, a follow up, I guess. Just wanted to clarify that I interpret the answer to my first question is that anybody can appeal a decision and the process is it's not limited or specified who is able to appeal. Nary: Councilmember Zaremba, that is correct. • Meridian City Council July 17, 2007 Page 36 of 77 Zaremba: Okay. r Nary: And, again, whatever the evidence present to you, it's the decision of this Council and within the discretion of this Council as to weighing that, weighing the -- whatever the weight that you wish to put on that to make your decision. Zaremba: On the other part of what you said, time takes over what has become part of the Meridian downtown marketing plan and our intent for the heart and sole of our city to become a pedestrian friendly area, to have boutiques and sidewalk cafes and things in the long range future, I would suggest that we should work on having a part of the ordinance that does address those, because we are hoping to encourage more of them think. Separate issue, but just a comment. I'm done. De Weerd: Thank you. The appellant. Sherer: Thank you, Madam Mayor, Honorable Councilmen. Mr. City Attorney and Mr. City Clerk. Again, my name is Steve Sherer. I represent the appellant Sherer & Wynkoop. Staff, thank you for your comments. They were timely and included some information that I -- of which I was not aware. But I would again state that this is an appeal of a granted Conditional Use Permit to create another bar and not only another bar, but this bar would be created at the entrance to Old Town from the south, where we generally consider the beginning of Old Town. We believe there are five very good reasons you should deny this application. First, the proposed use is not compatible with the Comprehensive Plan. Councilman Zaremba, you made the point that this is supposed to be a pedestrian friendly, family-oriented environment. With a restaurant that would be the case. With a bar it's clearly not the case. It's simply a matter of drinking in the public right of way, where drinking is the stated and primary objective and activity. I believe the Council has reference to Harry's Conditional Use Permit and on page three of the Findings of Fact and Conclusions of Law in that Conditional Use Permit, Harry's indicated that it was -- the intent is not to sell cocktails, but to do lunches. This will add friendliness and community to downtown Meridian. Okay. The idea was not to do cocktails. That was specifically stated in some of the comments from some of the public departments. The Meridian police department was not in favor of drinking in the public right of way. And it's one thing to have a beer with lunch with a sandwich, but it's another thing to sit and drink when people are trying to pass, especially -- especially, you know, family friendly people, a husband and wife with small children, it is definitely an uncomfortable environment and, additionally, there is -- as the Planning and Zoning noted, there is not sufficient room to walk very many wide -- there is definitely a squeeze, you get pushed up next to the railing next to the bar. If the Council will permit, I will provide some pictures that I copied of the current view. This picture was taken last -- Zaremba: Could we have one for the clerk also? Sherer: Oh, sure. The picture was taken last Friday and shows the -- shows the setup and the situation there. It's clear that the people using the -- using the sidewalk will Meridian City Council July 17, 2007 Page 37 of 77 come in very close proximity to those sitting and drinking. The second reason we don't believe this is a good idea and that the Council should deny this conditional use application is that it tends to provide a skid row environment in the middle of the downtown area. As we mentioned in our -- in our written statements, there are three bars already on this block. One more is planned for Idaho Street, as I had seen, and another is planned for 2nd Street between Idaho and Broadway. That's a considerable number of bars in a single block area and this particular premises is a block from the new City Hall and approximately a little more than a block from the Boys and Girls Club. I would say a particularly inappropriate place to establish another bar, unless we are creating a waste block in downtown Meridian and I don't think that -- that is the desire of any of us. I mean let's look at what the legacy of bars are and I will be frank with you, I don't care for bars. They serve alcohol and I have yet to see something that alcohol does for our society. I understand it's legal and we are going to have situations where we deal with it, but it really doesn't provide any benefit to society at large. Some of the problems we have addressed in the past in this block: Broken bottles all over the block, including the parking lots of the bank building and our own parking lot. Our dumpsters and other independent dumpsters filled with bar trash, because they run out of room on the weekends and so they use ours. Foul leftovers on ours and other premises and if you want to use your imaginations you can. If you insist for me to be descriptive, I can do that, too. We have had patrons from these bars passed out at the rear of our property and we have had to escort some of our office personnel out of our offices if they happen to leave after 5:30 at night, which because we are so demanding sometimes they do. And these issues are rising within -- within a block of the new City Hall, where we are trying to project a positive image of downtown Meridian. Third issue is the parking issue and I was aware that in the Busted Shovel's original application they had stated that they had five parking spots. It turns out that the five parking spots they were referring to were public parking on the street and they had also alleged that they had a parking agreement with -- with one of their neighbors and they again stated that they didn't have that agreement. Now, apparently, this is new information to me that they have an agreement. I have not seen it. We checked with the city -- with the city offices this afternoon to see if there were any new documents added to the -- added to the packet and we were informed that there were no new documents added to the packet since the day of our -- of our previous appeal was to be heard on June 26th. So, I'm a little surprised to hear this information and also not have -- not have been made aware of it. If it's true that's a positive step for the Busted Shovel and I have to admit that. But as far as waivers and alternate compliances, that's just another way of saying we are not going to enforce our own code regarding the five required parking spots. If we are not going to enforce it, shouldn't we just wipe it off the books? But if we are going to enforce it, we need to start enforcing it sometime. Now is a good time, because parking is getting very tight and it's only going to get tighter with the new development that's planned for downtown. And in conjunction with this parking issue there have been several acquaintances of mine who have received parking tickets when parking in front of the Busted Shovel. There has never been any enforcement of the parking ordinances downtown and maybe there should be, but it seems that -- that the Busted Shovel has carved out a nitch of its own on the public property and they are now claiming ownership of that. The parking places are one instance. The use of the Meridian City Council July 17, 2007 Page 38 of 77 sidewalk in front of their -- in front of their operation is another. The fourth -- the fourth point is the issue of having a sidewalk bar. Now, when Harry's applied for their Conditional Use Permit, people ate food outside and occasionally they would have a drink with their food. Harry's stated the idea was to do lunch. It was not to -- not to sell cocktails. Well, the focus has changed to being a bar, then, we will have patrons sitting outside doing nothing but drinking in the public right of way and in the public and this is the image that people are going to see of Old Town Meridian when they drive north. Again, the image of Meridian is not going to be enhanced by having this type of establishment. If you feel like you have to approve the Conditional Use Permit anyway, then, you should remove the sidewalk cafe or the sidewalk bar, which it really is. There is no reason to have public drinking of alcohol in the right of way. There is no reason to have it in a pedestrian friendly downtown city, which is trying to support wholesome family values. It does not square. It just does not. The fifth reason that we think that the Conditional Use Permit should not be granted is because of past noncompliance. The owners obtained -- the current owners obtained an accelerated liquor license by allegations of some confusion. I haven't checked into those, but I assume they are legitimate. But this Council granted them a city liquor license on an accelerated basis due to that confusion. But when they took over possession of the premises approximately 14 months ago, they no longer had a license agreement with ACHD to operate any kind of sidewalk bar, much less the one under a Conditional Use Permit that Harry had. They continue to operate, as Mr. Nary noted, in violation of open container laws, because they don't have a right to be out there, but they continue to be out there. They have not maintained the walking widths that are required by the Conditional Use Permit. They have not maintained the walking widths that are required by the ACHD license agreement that Harry's had with them that expired 14 months ago. As of June 26th, the date of our last scheduled hearing, the Busted Shovel did not even have an application before ACHD for a license agreement and, again, I got new information and I confirmed that this afternoon that they do have an application pending now. In other words, they have only been operating for 14 months in violation of the open container laws. They have not taken the railings down. They have not moved the chairs inside in all of the times they have been operating. These are requirements for Harry's Conditional Use Permit to operate a sidewalk cafe and these were basic requirements. These were conditions that Harry's had to agree to or the conditional use would have been denied. It states in the Findings of Fact and Conclusions of Law. In essence, the owners of the Busted Shovel have shown they are not concerned with some areas of civic responsibility, for following the proper procedures and requirements. If you approve this Conditional Use Permit, you're encouraging this applicant to ignore the city's requirements. You're encouraging others to do the same. If you deny the CUP and let the premises remain as a restaurant with alcoholic accessories -- I think Harry's did very well. They had very good food. I ate there several times. I've eaten in the Busted Shovel. I thought the food was pretty good, then, too. That was some while ago. But if you decide to grant the Conditional Use Permit and allow this to change to a bar creating yet another bar on this block, please, don't let them drink in the public right of way. Please take away the sidewalk bar that is going to be a blight on our city. Thank you. 0 Meridian City Council July 17, 2007 Page 39 of 77 11 De Weerd: Thank you. Council, do you have any questions for the appellant? Bird: I have none at this time. Zaremba: Thank you. No. De Weerd: Thank you. I do have a couple of people signed up. They have changed their mind if they were for or against. Moe Aldijani. He scribbled his out. Aldijani: My name is Moe Aldijani. I reside at 6880 West State Street. De Weerd: Thank you. Aldijani: Madam Mayor and gentlemen Council, Counselor Nary and Mr. Will Berg, I'm really grateful you allowed me to speak a couple of minutes. I have discussed this issue which you have on the agenda with the owner of Busted Shovel. I have been in his shoes a few years ago when I owned 127 Club. At that time the state of Idaho passed a law to ban all the smoking in certain areas. By law in the state of Idaho the only place you can smoke now is in a bar and also in the bowling alley. All restaurants are -- cannot be smoked in. After a lot of discussion and a letter to ABC, Alcohol Beverage Control, I came to the conclusion with them and look at their law is are we a restaurant within a bar or are you a bar within a restaurant and these are the law of the state. And to explain that simply is a restaurant such as Applebee's is a restaurant and inside they have a small bar just for the convenience of their people. On the other hand, Busted Shovel is a bar. Within that bar is a restaurant. They have all the right to have the bar that they have. Our plan -- just before me Mr. Sherer has said several -- five items. I believe it is not against your image to drink outside. Go to Europe, travel a little bit. You see how people can be as a human being, enjoy themselves, have a few drinks, have their dinner outside. What is wrong with the image? Unless you are against alcohol period. And if it is, then, let's line up all the bar owners and shoot them and, then, have after that put everybody in prison. And I guess I will be one, because I do, too. I will be the one dead first. He brought the issue against our applicant that the garbage dumps are full. Well, after 18 years being a trashman in Meridian I have a good idea of what garbage looks bad and what are good. Go look at McDonald's, go look at some other restaurant, I think they are doing a great job. As a matter of fact, I have agreement -- verbal agreement with Jerry Madison at Idaho Bank and Trust. I go there every morning and clean the parking lot if I have some customers that are not doing their job. But don't they do that at Albertson's parking lot? Somebody park their car, grab their ashtray out of the car, dump it out in the parking lot and leave. So, what do you do? Close Albertson's? You can't do that. There is always good guys, bad guys. That's why the jails are full. He mentioned parking. I wish one of you would ask him how many people are in his office and how many parking spaces does he have? And you want me to give you an example. I have been here since 1974 and I believe I have seen a lot of changes. And I believe a man has a right to make a living, as long as he is following the rules and he has followed the rules. He is not breaking any rules. What did the sign on Harry's says for 11 years. The owner was Mr. Steve Youngerman. Meridian City Council July 17, 2007 Page 40 of 77 Harry's Bar and Grill. It doesn't say it's a restaurant. Didn't say Grandma's Cafe. It was a bar and grill. I proved to ABC a few years ago it is a bar and grill. If I have a bar and grill. If I have a kitchen. Some nights I cook prime rib and I sold them all, but it was a restaurant. The majority of my income was from bar. And as I said, some people are against drinkers. That's fine. It's just their opinion. But just because people don't have parking we should run them out of town. And you know where you guys should start, Joe's office. I used to have a restaurant in that basement called EI Zocalo. I counted 167 people come through that door in one day and how many parking spots I got? The town is growing. You have to have adjustments and our ordinances are a guideline. Some of you may know, some of you do not, I was a Planning and Zoning Commissioner for 12 years. I have worked to build those ordinances. But just because somebody doesn't have adequate or short of a parking space, one or two, you can't run them out of town. You shoot them. You got to promote them. Get people in. Bring them in. You want to close them one by one is against what you want to do. I have said two or three minutes. I appreciate your time. Thank you for listening to me and I believe this gentleman should have a bar as long as he's following the rules. And looks to me you already granted it and he has not broken any rules. He has followed every step you have asked him to do. And that's what the CUP means. The Conditional Use Permit. In the '80s me, as one of the Commissioners, Bob Spencer, he passed away, was our chairman, we put that together for protection of the citizen that they live in this area, have actually a residence, so somebody does not come in and start something brand new. We were trying to protect the citizen, so whoever has something against it or for it, they can talk and we can have the law of the state, we can all live together happy and I hope that's what that's what you do. And I hope that the man has a bar. My time is up. Thank you. De Weerd: Thank you. Aldijani: Oh, any questions? Bird: I have none. De Weerd: Thank you. Bill Kosterman. Nary: Madam Mayor? De Weerd: Yes. Nary: Since Mr. Kosterman is the affected property owner, I would recommend that you give him a little more time than three minutes. De Weerd: I'm sure Mr. Berg will. Nary: Okay. Meridian City Council • • July 17, 2007 Page 41 of 77 Kosterman: I'm Bill Kosterman. I live at 3048 Cobble Way in Meridian. And I own the Busted Shovel. Boy, it's hard to start after Moe's little speech there. He pretty much hit on everything. I guess what I wanted to really start off with was what has already transpired and that was that the Planning and Zoning Commission voted unanimously in favor of me getting a Conditional Use Permit to be a bar and I'd like to read from the transcript there. Commissioner Rohm. My only discussion on this is that establishment has been there for a long time and the fact that he's come forward and requested a CUP to operate -- operate it as has always been operated seems to be almost a moot point. But, nevertheless, it's best that he be in compliance and I think that the CUP should be granted without question. Any other comment? Okay. Can we get a motion to forward? No. To act on this application. Commissioner Moe. Yeah. Mr. Chairman, after considering all staff, applicant, and public testimony, I move to approve. It's, then, seconded and four ayes. One absent. If I could address some of Mr. Sherer's complaints. The one thing that he seems to be adamant about is that there be no sidewalk cafes. Well, Harry's came to the table claiming to only serve food on that patio and, basically, that was Harry's and I don't know why that applies to me. I'm coming forward under a completely different premise and it's up to ACHD and they will either approve or disapprove that. I don't think that the cafe is germane to today's discussion. I think this is all based on whether I'm allowed to smoke in the bar or not smoke in the bar and that's what it comes down to. I have a very heavy smoking clientele, they like to smoke when they eat, they like to eat when they smoke, and, basically, it comes down to I would prefer not to have children in there and I would prefer to be allowed to smoke in my establishment and the law says that you're now a bar, if you're going to smoke, as opposed to a restaurant, which can't smoke. It does not change the way we have operated, it does not change the clientele. What it will actually do is if we go to a non- smoking environment and we lose our patio, what that will mean is that my clientele will get up, they will be eating in there or drinking in there, they will walk out the back door, they will stand on the sidewalk, which is public domain and they are perfectly allowed to stand out there, they will smoke, there won't be tables and there won't be ashtrays, therefore, they will just flick their cigarettes into the street and what we will actually encourage is more people standing on the sidewalk smoking and flinging ashtrays at those innocent women and children who keep walking by and complaining. I would like to see the picture he took of the patio, if that would be all right. This picture shows the patio exactly where ACHD told me to put it. There are actually lines painted where the patio has to sit and if you look carefully at the near end you will see that there is a pin going through the last rail, it's actually wired to the building. So, that's what ACHD told me to do. I'm in compliance. ACHD tells me that they need a five foot sidewalk. If Mr. Sherer thinks that's crowded down, he should look at the corner by his building where the corner of his building juts out to exactly five feet from the very edge of the sidewalk before it falls into the parking. And that's a sharp corner where someone could easily hurt themselves. So, if he wants to debate the sidewalk with me, I'm fine with that, because he has five feet also. I have a long list of things that I would debate with him or would try to counter, but I think -- I think most of them seem to be so trivial and so his opinion that there is just -- there is just no reason to even debate them. He cites a lot of examples and I can -- in his own letters I can prove where in one letter he says one thing, in another his employee contradicts him. The only three letters that were Meridian City Council July 17, 2007 Page 42 of 77 submitted in protest were all from Mr. Sherer, his partner, and their secretary. No one else on the block seems to care and it's a little suspicious that the secretary also cowboyed up. Maybe there was coercion there, I can't say. But five bars on the block is clearly a gross exaggeration. There are two, with me being an applicant as the third. So, he is prone to exaggeration, because there are not five. That's just a fact. He referenced -- or he refers to the Boys and Girls Club being a problem, because they are one block away, and everyone I'm sure on the City Council knows that the Boys and Girls Club is moving, because we are developing that next block and they are putting in two new restaurants and a jazz club. I have not seen Mr. Sherer's protest to that development yet. I'm sure they are coming. But the Boys and Girls Club is moving and like he said -- and I'd like to read one line from one of the letters here that his secretary wrote, which is kind of funny, because she says -- and I quote: When we moved our business to Main Street we knew that there were three bars in the area. We were aware of the problems associated with these types of businesses and now, apparently, they are upset about that. Harry's Bar and Grill operated a bar for ten years. Before that it was numerous other bars back to 1937. But now that Sherer & Wynkoop are on the block, apparently we are going to change all that history. That's all I have to say, unless you have questions. De Weerd: Council, so do you have questions? Mr. Bird. Bird: What did you say about how long there has been a bar there? Kosterman: That building was built in 1937 and I believe -- Bird: There was not a bar there. It was Pat's Cafe. Kosterman: She was, actually, in the basement. If you go into my basement -- Bird: I have -- I had a lot of meals there. I can give you a history on when the bar went in there. Kosterman: Okay. Bird: And it's been since 1965. Kosterman: Is that the exact date that the bar went in? Bird: No. No. It's been since then. Since I have been here. But, anyway, that's neither here nor there. I just -- it has not always been a bar. It was made a bar because the liquor license come open in the 70s and it was -- went there and they made a little room in there and I'm kind of -- it was called the Navajo Club or something like that. And I got a question, though, to ask you. What -- what -- does ABC determine bar or restaurant by percent of sales? Meridian City Council July 17, 2007 Page 43 of 77 Kosterman: The way it works -- and this is my understanding of the reasoning behind the law. If you are a restaurant, you must show that you have 40 percent food sales to maintain a restaurant status. If you're a bar, obviously, you can sell food in the bar, but there is no requirement for a minimum amount, and I think the way I kind of have gotten the understanding of why the rule is such is that it's always a lot easier to get permission to open a restaurant. So, what they -- I think what they were trying to prevent is someone taking a small house in a neighborhood and saying I'm opening a restaurant, yeah, I have got a grill, and, then, what they are really doing is opening a bar, but under cover of a restaurant and, then, they just stop having food or, really, their purpose was to be a bar. I think that's the reason that they have that 40 percent requirement. I don't meet that 40 percent requirement. I haven't since I opened. We are -- on a good month we are a little over a third. Typically we are less than that. I can't tell you as -- from personal experience that Harry's has always operated as a bar, it was always a smoking establishment. Why he changed the liquor license from a bar liquor license to a restaurant liquor license and back is beyond me. But I will tell you that he did not own that liquor license, so if he had -- I don't -- he didn't necessarily have even permission to change that. So, I guess Planning and Zoning's proof that I was a restaurant and changed to a bar is the same evidence that I had that I was a bar when I took over, because I bought the place and I bought the liquor license with a bar liquor license. And, yes, we did have some discussions on that and the argument ended up with me applying for the Conditional Use Permit. I lost the argument. De Weerd: Do you have any other questions? Bird: No. De Weerd: Mr. Zaremba? Zaremba: Thank you. De Weerd: I kind of liked to eat there when there wasn't smoking, so -- Kosterman: We don't smoke until 2:00 in the afternoon out of courtesy to our business patrons. We don't let anybody smoke until 2:00. So, during the lunch crowd it's non- smoking. So, welcome back. De Weerd: Thank you. John Forsberg, signed up in favor of the CUP and against the appeal. Is that correct? Forsberg: That's correct. De Weerd: Okay. Forsberg: John Forsberg. 2320 Cadillac Drive, Meridian, Idaho. I'm here in favor of the Busted Shovel. I believe that a business should be able to operate as they so please and with the law that changed at the state to make it a non-smoking restaurant in a 0 Meridian City Council July 17, 2007 Page 44 of 77 Ll restaurant and all the rigmarole that goes along with that, which messed up my business as well, I really think that it's totally their program. If they feel like they want to be a restaurant, then, they should work that direction. If they feel like they want to be a bar, they should work that direction. Everybody has the right to make a living. That's about all I have. De Weerd: Thank you. Any question? Thank you. Dave Wynkoop for the appeal. Wynkoop: Thank you, Madam Mayor and Council Members. My name is Dave Wynkoop, 730 North Main. Moe and Bill have done an excellent job of presenting their position. I commend them. But I would urge you to consider three -- what I think are really important policy issues that are raised by this appeal. And so if I can go through those issues with you. First, I think those of you who know me, I try to be positive. So, I -- you know, I want to say how many good things are happening in downtown Meridian. I think it is tremendous. I think we have a wonderful vision. I'm so happy that we have, hopefully, on the road to improvement of our road system and so I think there are some really positive issues. And so I want to draw your attention to what I think are these three critical policy issues, which -- which risk some of the very positive things that we are doing as a city, in my opinion. First, I will refer to this as the skid row problem and that is there are currently with -- if you count -- count the Busted Shovel as a bar, there is four bars within a block, with three more on the drawing board also either contiguous to or within that same block. So, we risk having seven bars within that block, which is virtually across the street from the new Meridian City Hall. And so I would ask the city to determine if that is really in the best interest of this core wonderful downtown pedestrian family friendly that we are really trying to accomplish. A high class restaurant would be wonderful. Even if they serve some alcohol. That's okay. Harry's. I viewed -- that was a great place to go to have lunch. But in our -- in my opinion, anyway, there has been a change and this application simply is trying to formalize that change that might occur, which I regard as fairly sinister, and that is changing it from a primary restaurant purpose to, really, a bar. And so we -- we don't believe that that is compatible with a family friendly environment. The second major policy -- and this is a very major policy issue, I submit, and that is the issue of sidewalk cafes or should I say sidewalk bars. Previously Harry's had a license agreement to operate a restaurant on the sidewalk. Now, the Busted Shovel wants permission to operate a bar on the sidewalk. Having been a part of the original policy team at ACHD that developed that policy, it was never the intention of ACHD, at least at that time, to allow bars to use -- the public property to expand their operations. So, I would have no problem, again, if it's a restaurant that has an accessory bar, but having a bar -- a full fledged bar serve drinks on the right of way I suggest is a very poor policy and we can't just say -- because I talked to ACHD about that and they say, oh, we just defer to the city. And, yet, I hear the city saying, well, we defer to ACHD. So, that isn't going to resolve the issue, Council. It is up to you to decide whether you want to allow a bar on sidewalks, because ACHD defers to your judgment on that issue. Finally, I urge that you do require parking. With the scarcity of public parking spots in downtown Meridian, to require all of the patrons and employees to tie up parking -- public parking spaces is -- is not reasonable. Now, in our case we have volunteered much of our own private Meridian City Council July 17, 2007 Page 45 of 77 L] property to allow the public to park on. Those spaces in front are our own private property. We have opened them to the public. But I submit to you that on the parking issue, the Busted Shovel should be part of the solution and you should not allow them to be part of the problem. New information tonight was that they have an agreement. Well, I found out this afternoon that the Comfort Zone has made a decision to leave. But they don't own that land. They were simply a tenant. Their agreement to allow the Busted Shovel to use spaces behind there is not worth anything. But at a very minimum we should at least have that written agreement as part of the record. Finally, just one last correction -- De Weerd: You do need to summarize, please. Wynkoop: They kept saying that the only testimony was from our business. That is simply not true. There was an office manager by the name of Carol Gabrielson, who submitted written testimony. She is not connected with our business. She is office manager of another business. Her testimony was speaking for herself, not speaking for the firm of Sherer and Wynkoop. I respectfully request that you do the right thing and encourage this to be a quality restaurant with an accessory bar use, but not a pure bar, especially on the sidewalk. And I'll stand for questions. De Weerd: Thank you. Council, any questions? Bird: I have none. De Weerd: Thank you. Those are the people that signed up for this application. Is there anyone who would like to provide testimony on this application? Nary: Madam Mayor? De Weerd: Yes. Nary: Madam Mayor, Members of the Council, I did have some discussions today with Mr. Inselman from ACHD about the license agreement. If you'd like to have information about that, certainly -- and I'm not trying to disagree with Mr. Wynkoop, but if this Council were to grant the CU, you certainly have the ability to address in that CU whether or not you would be in favor of extending the premise of the building. But if you're silent on that, it really is the ACHD that grants that. Even if you grant them permission to extend their premise of their building into a sidewalk cafe, set up in whatever rules you set to that, it still is contingent on ACHD's approval. So, you may want Mr. Inselman's testimony as to what -- where that is in the process of what issues or concerns they may have in regards to how it's being used or how it's been used. De Weerd: Okay. Council? Bird: I was going to ask for Mr. Inselman to give us his take on this. Meridian City Council July 17, 2007 Page 46 of 77 Inselman: Madam Mayor, Council, Gary Inselman, representing ACHD, 3775 North Adams, Garden City. We are reviewing a development -- a license agreement application. We have not finished our deliberations or approved it or issued it yet and I can tell you as being the one that has the ultimate say on that, I would not issue it without some statement from the city regarding if you want alcohol on the sidewalk or not. So, I would very much appreciate you addressing that with the conditional use, including the hours that it would be allowed. De Weerd: Okay. Thank you. Bird: Thank you, Gary. Canning: Madam Mayor? De Weerd: Yes, Anna. Canning: Madam Mayor, Members of the Council, the agreement from the Comfort Zone individual has been part of the record since April 19th. It's been stated that it's not been made available as part of the record, but it was stamped by the clerk's office on that date. De Weerd: Okay. Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: If there is no further testimony from the general public, I -- De Weerd: Well, I don't know yet. I asked that and, then, Mr. Nary said something, so - - is there anyone that would like to provide testimony on this application? You will have a rebuttal. Okay. Seeing none, Mr. Sherer. Zaremba: In that case, Madam Mayor, I do have a request before the rebuttal. De Weerd: Uh-huh. Zaremba: And that is the man we have entrusted to deal with all of downtown, Mr. Shaun Wardle, is in the audience. I would put him on the spot and ask for an opinion of his vision of how this is going and -- De Weerd: I tried to save you, Shaun. Zaremba: I realize that there is -- there is a balance. It's to the benefit of downtown to have the store fronts not be empty. How much choice we make on what is there and what else is coming, if you have an opinion or insight, I would appreciate that. i �► Meridian City Council July 17, 2007 Page 47 of 77 Wardle: Thank you. Madam Mayor, Members of the Council, Shaun Wardle, 2239 East Greiner in Meridian. I'll just do some general comments, Councilman Zaremba, in terms of downtown. Anna stated that one of the alternative compliances that we have utilized without an in -lieu -of fee has been to accommodate some of those spaces within the public right of way and spots adjacent to that. That's not a practice that has been specific to this application, it's been utilized in other areas of the downtown. We believe that we have that -- MDC has adopted an in -lieu -of fee and so we have addressed some of those issues. This application, obviously, was filed before that fee was available. So, MDC is, obviously, working very diligently on increasing downtown. Some of the issues addressed are prevalent within the downtown core and that is parking for both patrons, as well as office workers and those are important issues that we continue to address. I can tell you that the master plan visioning does speak to sidewalk cafes. Does speak to establishments where people can congregate. Bars are a portion of that that have been considered. I'm not here to make specific comment on this application or any additional uses. Both of the parties have suggested that there are additional developments coming in and we do see that. The one thing that I can tell you that future developments will be different than some of the specific areas here, is we are requiring higher uses in terms of you will see some ground level retail with second story office buildings and potential condos on top of that. So, you will have an integrated environment and not just a single story retail or restaurant use in the future. And so those are -- those are some of my specific comments in relation to that. I can say that Mr. Inselman's comments in terms of ACHD's applications; they are currently required to process every license agreement in their right of way. The Meridian Development Corporation is working closely with the Ada County Highway District to find a way that we can -- we can maybe have a process that the specific entity, meaning the Meridian Development Corporation, and, in turn, the City of Meridian, has some specific say in what happens in those right of ways and those are just preliminary discussions, but we know that there is some issues there and we are working to address those. So, I'd stand for any questions. De Weerd: Okay. Did that answer your question, Mr. Zaremba? Zaremba: Thank you. That helped. De Weerd: Okay. Zaremba: Thank you. De Weerd: Thank you. If there is no further testimony or requested testimony Mr. Sherer? Sherer: Thank you, Madam Mayor, Honorable Councilmen. And, Anna, I will apologize to you, I got the entire record from the internet and downloaded it and it's not in my file, so whether I failed to download it or whether it wasn't there at the time, I don't know. But I did not have that agreement. Mr. Aldijani in his statements talked about cigarette 0 Meridian City Council July 17, 2007 Page 48 of 77 butts in the Albertson's parking lot. And I will tell you that -- that our issues are worse than cigarette butts in the Albertson's parking lot. We have excrement, we have used condoms, we had other issues that are left on our premises that we find on Monday mornings. It's not cigarette butts. Now, ironically, Mr. Aldijani was on the Planning and Zoning Commission when Harry's Conditional Use Permit was approved back in 1995. 1 saw his name on the signature line. And I guess it would be tough for any of us to figure out what the intent was, but I know what the representations were made by Harry's in his application and as restated in the Findings of Fact and Conclusions of Law and that was not that he was -- he was going to be serving alcohol out in the public right of way. Mr. Kosterman cited a Planning and Zoning Commissioner statement that here he was applying for a Conditional Use Permit, so he must be doing things the right way. Then, at the end he stated that he -- that he had lost his argument with the planners and that's why he filed for the Conditional Use Permit. Well, they knew about him by then. There is not much choice. He kept talking about the letter of someone he identified as our secretary and I want to make sure that that's clear for the record, that this letter was from a woman named Carol Gabrielson and, again, she is not a secretary, is not associated with Sherer and Wynkoop. She's not our secretary, let me say that. He brings up our sidewalk and, again, our sidewalks are not at issue. We have not applied for anything. He states that the cafe is not germane, but I think it's -- I think it's becoming the focal point of what we have been looking at, the sidewalk bar. Are we going to -- are we going to have unlimited amounts of alcohol served -- served in the public? And, again, that's your decision to make. Mr. Kosterman also -- or Planning and Zoning stated that Mr. Kosterman purchased this property under the idea that this was -- this was a bar and not a restaurant with an accessory bar. But in his application, in his letter of April -- I'm sorry. His letter of April 3rd stated that -- he's in need of a zoning verification letter regarding 704 North Main. I am purchasing the building, as well as the liquor license and he wants -- Alcohol Beverage Control needs the letter to further process my liquor application. So, he was asking for information. He said I am purchasing that, I have purchased. I think that implies that he hadn't completed the purchase and the city wrote a letter back to him on April 7th, 2006, stating that the sale and consumption of alcoholic beverages is allowed, but only as a secondary use to a restaurant. A drinking establishment would require a Conditional Use Permit in the OT zone. So, I would submit to you that Mr. Kosterman bought this property knowing that it was zoned as a restaurant with a bar accessory and he's simply attempting to change the use. Now, that's fine, he can attempt to change the use, but let's see it for what it is and let's not create a situation where we are going to have a sidewalk bar. They mentioned cafes in Europe. Well, this is not a cafe in Europe. We don't have the drinking and the social problems that they have in Europe and this is the City of Meridian and the City of Meridian has the right and the duty to decide what we are going to allow on our public streets and this is not a sidewalk cafe, this is not like 48 Degrees North or 49 Degrees North, where they have a nice enclosed area, they serve food, and they serve alcohol as an accessory. That's a nice place. I like that place. But that's not what you're being asked here by approving this Conditional Use Permit. You will be saying, sure, go ahead, sit out there and drink and smoke all you want and, you know, if the police happen by and check somebody's blood alcohol and they are over the limit, Meridian City Council July 17, 2007 Page 49 of 77 then, they can get carted away. But do we really want that activity in downtown in Old Town on Main Street. Thank you. I'll stand for any questions. De Weerd: Council? Bird: I have none. De Weerd: Thank you. Sherer: Thank you. De Weerd: Unless Council would like some clarity on something. It's for your information. But Mr. Sherer would have the last word. Council? Zaremba: I think I understand the issues well enough. De Weerd: Okay. Bird: I do, too. De Weerd: If there is no further questions from Council, I would entertain a motion to close the Public Hearing. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we close the Public Hearing on Item 11. Bird: I'll second. De Weerd: I have a motion and a second to close the Public Hearing on Item 11. All those in favor say aye. Okay. All ayes. MOTION CARRIED: TWO AYES. ONE ABSENT. ONE ABSTAIN. De Weerd: Any discussion? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I can understand the reasoning behind a shift from being specifically a restaurant with a bar to being a bar that may serve food, for the purpose of enabling their patrons to smoke in there. And my feeling is that it's up to each individual business owner to do their own business plan and for anybody else that may be moving into the 40, Meridian City Council July 17, 2007 Page 50 of 77 area to determine whether that area can support anymore bars or this shift. I don't see this use as being greatly different than what was already going on there. However, the change to officially a bar, which I can go along with, I do not couple with that continuing the use of the sidewalk. I feel, in my personal opinion, that a bar should be contained within the building. Smoking should be contained within the building. And my opinion would be that I could approve the CUP, but I would want to remove any possibility of using the exterior of the building or the sidewalk. That's my opinion. De Weerd: Okay Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I believe as was stated that -- I think by the gentleman from Kahoots, that, you know, we invest and we have a right to carry on our business same as attorneys do or anything else and I don't see any problem with that being a bar, but I also agree with Councilman Zaremba if they are going to serve drinks and smoke, it's not going to be out in the public right of way. I have no problem with it being a bar, approving it, and letting them smoke all they want inside, but being a citizen of Meridian, Idaho, I don't want to be walking down that street and have to put up -- even though I inhaled it for 40 years myself, I don't think I want to bring my grandkids and stuff and I don't like to see a bunch of drunks standing out there and we don't allow it anyplace else and I don't want to see the police officers there handcuffing people and hauling them off all the time. So, I have no problem with them being a bar and I agree with the CUP, but outdoor goes away, in my opinion. That's my statement. Zaremba: That being the case, Madam Mayor, I would make a motion. De Weerd: Okay. Zaremba: And I could be corrected if I phrase it incorrectly, but on the subject of AP 07- 004, 1 move that we deny the appeal and reassert the approval of CUP 07-004, with one change, and that being to remove any permission and encourage ACHD not to give a license for use of either right of way or sidewalk or property outside of the enclosed building for any use. Bird: I'd second that. De Weerd: Okay. I have a motion and a second on Item 11. Mr. Nary. Nary: Madam Mayor, Members of the Council, I guess just to clarify what you'd like in the extension -- or in the CUP's, that they would not -- they would not be allowed to extend the use of their premise outside the physical building. Bird: Outside the walls. Meridian City Council July 17, 2007 Page 51 of 77 Nary: So, onto the public right of way or any other portion of -- surrounding the building; is that correct? Zaremba: That's a good way to phrase and interpret what I was thinking. Nary: And the reason I make that clarification isn't just some lawyery thing, but in case they wanted to extend it to the rear of the building, is that also the Council's direction that wasn't on the public right of way, is that what you're decision is granting the CU, is that it has to be contained within the building. Zaremba: My intent is that it be contained within the walls. Nary: Okay. Bird: And second agrees. Madam Mayor, could I make a statement? I -- Mr. Sherer, I - - I realize that we have problems in parking lots, but I don't think we can blame it on this one particular establishment. Having lived in Meridian a lot longer than probably most of you people and being downtown a lot, you have some every place and so we just can't say this one establishment's doing that. And while it's not nice, don't get me wrong, I hate it, it's something -- we just can't -- because everybody uses your parking, whether they go -- whether they are going to the 127, the Frontier, or to the Busted Shovel, so -- and, you know, one establishment doesn't have all the dates that come out of there with their -- with the alcohol and stuff. So, it does -- it isn't -- we just can't blame it on one establishment and the parking and stuff downtown, we know that at every downtown's got parking problems, so -- anyway, that's my statement on the deal. De Weerd: And, Mr. Bird, I think that's why the MDC is trying to find alternatives, so that there will be places to park for the public. Bird: Let's not get on that. De Weerd: So, if there is no further discussion, Mr. Berg, we do have a motion to approve Item 11. Roll -Call: Bird, yea; Rountree, absent; Zaremba, yea; Borton, abstain. MOTION CARRIED: TWO AYES. ONE ABSENT. ONE ABSTAIN. De Weerd: And I guess to clarify, we had a motion to approve the CUP and Deny the Appeal. Zaremba: Yes. De Weerd: Okay. Meridian City Council July 17, 2007 Page 52 of 77 Zaremba: And remove the -- Bird: Yes. With restrictions. The CUP is restricted. De Weerd: Thank you. De Weerd: Item 12 is a continued Public Hearing from July 3rd on PP 07-009. Zaremba: Madam Mayor, would a five minute break be -- De Weerd: A five minute break would be wonderful. (Recess.) Item 12: Continued Public Hearing from July 3, 2007: PP 07-009 Request for Preliminary Plat approval of 52 residential lots, 2 office/commercial lots and 10 common lots on 19.80 acres in an L -O zone for Meadowlake Village North by Touchmark of the Treasure Valley, LLC-- Southeast Corner of Franklin Road and Touchmark Way: Item 13: Continued Public Hearing from July 3, 2007: CUP 07-008 Request for a Conditional Use Permit approval to create 52 residential lots, 2 office/commercial lots and 10 common lots in an L -O zone for Meadowlake Village North by Touchmark of the Treasure Valley, LLC — Southeast Corner of Franklin Road and Touchmark Way: Item 14: Continued Public Hearing from July 3, 2007: VAR 07-008 Request for a Variance to UDC 11-6C-3134 which limits cul-de-sacs to a maximum of 450 feet for Meadowlake Village North by Touchmark of the Treasure Valley, LLC — Southeast Corner of Franklin Road and Touchmark Way: Item 15: Continued Public Hearing from July 3, 2007: MI 07-006 Request for a Miscellanous application to amend the previously approved Development Agreement for Touchmark Living Center Annexation (AZ 99-021) by amending the approved phase boundaries and various other provisions for Meadowlake Village North by Touchmark of the Treasure Valley, LLC — Southeast Corner of Franklin Road and Touchmark Way: De Weerd: Council, we will go ahead and get this meeting back to order. It was so out of order. Item 12 is a continued Public Hearing from July 3rd, PP 07-009 and 13 is CUP 07-008 and 14 is VAR 07-008. Bird: Madam Mayor? Zaremba: And 15 as well. • Meridian City Council July 17, 2007 Page 53 of 77 Canning: And -- De Weerd: And 15. Bird: Madam Mayor? De Weerd: You only listed 14, Anna, so -- Bird: We don't want to -- we don't want to open 14, do we? We need to close it and, then, the applicant has asked for a withdrawal and, then, make a motion to withdraw, is that -- do you accept that? Would you accept that if I did that? De Weerd: So, Mr. Nary, do I open all of them and, then, request the -- the motion? Nary: No one is going to care. De Weerd: Okay. Nary: But if you want to, just go ahead. Bird: It is a continued Public Hearing. Nary: If you want to just open it and, then, accept their request, that's fine. De Weerd: I will also open 15, MI 07-006. All these items are open for Public Hearing and I would entertain a motion on Item 14 to approve the withdrawal. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would move that -- in one motion that we close the Public Hearing on VAR 07- 008 and also accept the withdrawal as asked by the applicant. Zaremba: Second. De Weerd: I have a motion and a second to approve the closing of the Public Hearing and accept the withdrawal of this item. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Okay. Staff, Items 12, 13, and 15. Canning: Madam Mayor, Members of the Council, this is Meadowlake Village North project. It's located on the south side of Franklin Road off of Touchmark Way. This Meridian City Council • July 17, 2007 Page 54 of 77 property is currently zoned L -O and C -G. The applications before you tonight are a preliminary plat, Conditional Use Permit, and a DA modification and, as you know, the variance application was just withdrawn. The development includes -- excuse me. Here we go. The applicant has applied for a conditional use approval to modify the conceptual planned development for the Meadowlake Village development. He's also requesting preliminary plat approval of 52 single family residential lots, ten common lots, and two office commercial lots on 19.8 acres. The applicant has also applied for a modification to the existing development agreement in effect for the site. And just to go back and give a little bit of a history reminder, Touchmark was approved with a fairly detailed conceptual PD as far as the look and the layout of the homes, but it left a very wide range of number of allowed residences and none of the residences were on individual lots, they were all on a -- basically done as multi -family, because they were all on a single lot. They are now asking for this portion of the property to have actual single family homes on single family lots. So, that's the difference and that's the need for the development agreement modification and the Conditional Use Permit modification, is because that was never part of the original approval was to have lots. So, that original approval was done in 2001 and also with that original approval each of the phases required detailed conditional use approval and that's one of the reasons they are here before you tonight as well. I have some elevations. This is the original concept plan. You will see the subject property highlighted. Here are some of the elevations for the residences. Okay. The Commission recommended approval at their May 17th hearing. They did not favor the variance request at that time, so they recommended denial on that. Based on the Commission's recommendation and also the conditions they placed on the preliminary plat, the applicant has resubmitted drawings and the staff prepared a new staff report based on those new drawings. So, you have a staff report that solely addresses this layout and the difference was they added a private street connection to the public street that allowed emergency access. That was the primary difference. Okay. At that hearing Megan Johnson, the applicant's representative, spoke in favor, as did Bruce Dalrimple for Touchmark of Treasure Valley. No one spoke in opposition. Welcome Adamson spoke in -- or commented and he's a Meadowlake Village resident. There was no written testimony. Key issues of the discussion by the Commission were the connectivity within the Meadowlake development, the existing portions of it. The applicant's desire for the development's residents to have a private and safe no cut - through traffic neighborhood. That was the primary reasoning for the cul-de-sacs and the variance request. And, then, whether the request for the variance passes the findings test. The applicant did not provide the site plan with building elevations for the proposed commercial lots as requested by staff. However, during the Public Hearing the developer proposed that each lot still be subject to the Conditional Use Permit process, in lieu of staffs request. And, then, there was discussion about cul-de-sacs are not conducive to emergency vehicles. The key changes to staffs initial recommendation -- the Commission did require that prior to the development of either of the two commercial lots in Meadowlake Village North, that the applicant procures conditional use permits, so that the Commission can evaluate the respective site plans and building elevations. And they also required that neither of the commercial lots take direct lot access to South Touchmark Way. Those commercial lots are located at this entrance road to the subdivision. The outstanding issues before Council -- they are not Meridian City Council • July 17, 2007 Page 55 of 77 so much issues, I think that it's fair to say that the applicant has really addressed all the issues, it's just that we always bring to you the Commission's recommendation, but because there has been an interim plan in between, if you decide to go with this new plan, there is some things we need to ask you to do. But let me go through these in order. The Commission did support not having the variance request regarding the cul- de-sac length and they wanted to see greater connectivity by means of making this road a through street. So, on May 29th the applicant submitted the revised plans to planning staff, which depict a private street connection at the south property line, instead of at the northeast corner where the emergency access was required. Also at the time the applicant formally submitted a letter for withdraw of the requested variance, as the proposed street eliminates the need. Staff has evaluated the new plat against the city's regulations and supports the applicant's revisions and has updated the staff report to reflect the revision. So, the Council needs to modify the following: Condition 1.2.3 should be removed from the staff report, as a public street stub at the northwest corner of the property is no longer required by staff. Condition 1.2.4 should also be removed from the staff report as an emergency access is no longer warranted with the proposed construction of the private street. Staff requires that the applicant complete a private street application and we have asked that you, please, add a condition 1.2.13 requiring the applicant to submit that application. And Condition 1.2.10 should be removed from the staff report, as the applicant has provided documentation that a 48 inch or larger pipe would be required for covering the Ridenbaugh Canal. So, we do ask if you're in favor of this application and in favor of the new layout that that -- those items be addressed in the motion, either by reference or reading them again. The applicant also showed me -- when she arrived this evening showed me a list of minor changes that she felt were important to the conditions of approval just for clarity sake. We have had a chance -- all of us have had a chance to review that. There was one for Planning, there was one for Public Works, and several for fire. And we are all in agreement that those modified changes to the conditions of approval still meet the full intent of the conditions of approval. So, we are all in favor of those. With that I will answer any questions Council may have. De Weerd: Okay. Council, questions? Bird: I have none at this time, Madam Mayor. Zaremba: Madam Mayor, just one. The newly revised plat, is there a date that we would reference? Canning: It is referenced in the findings already in the staff report. I don't have it at the top of my head, but because you have a brand new staff report it is in there. Zaremba: Okay. Thank you. De Weerd: Okay. Is the applicant here? Meridian City Council July 17, 2007 Page 56 of 77 Johnson: Good evening, Madam Mayor, Council Members. My name is Megan Johnson with WRG Design. I am a senior planner there and I'm representing Touchmark Development tonight. WRG address is 1173 East Winding Creek Drive, Eagle, Idaho. 83616. De Weerd: Thank you. Johnson: And I will just start off by handing out the -- I guess the clarifications to the conditions that I had showed Mrs. Canning earlier. And I'd also like to thank the City of Meridian staff, they have been very great to work with. We had some issues come up, you know, in the process of this development and they have been really great and responsive to us and we really appreciate everything that they have helped us with. So, I guess before we get to the condition clarification, I'd also just like to state that our original application did include a block length variance for this cul-de-sac. You can see it there with the emergency access. And it was clear after the P&Z Commission and staff and fire department response that it really -- it wasn't appropriate and we really wanted to listen to their concerns and try to address them and that was the reason for this new design with the -- I guess with this street to the south. We felt it was a good compromise between the life safety concerns that the fire department had and our concerns for really wanting to keep traffic flow within this subdivision. And with that we do -- we are in agreement with staffs recommendations to -- to remove condition 1.2.3, 1.2.. and the -- we also are in agreement with the added condition for the private street application. And also we are still in agreement with the CUP conditions. At the time commercial properties develop we will come in for an additional CUP application for that. And now to get to the -- I guess to the handout that I gave to you. They are very simple. They are mostly just kind of clarification, so everybody knows when we come in for final plat we are all on the same page. The first one is condition 1.2.6 regarding setbacks and the original staff analysis had called these out as residential setbacks, but that did not get translated into the conditions of approval and so we would just like to add the word residential to that condition. The next condition is 1.2.11 requiring maintenance of all common areas by a homeowners association. Currently the Meadowlake Village doesn't have a homeowners association, all the common areas are maintained by the property owner. So, we would just like to add some language that in the absence of an HOA the existing Meadowlake Village ownership will maintain the common areas. It's in the same spirit of the condition, but if there is no homeowners association, we don't want to have to create one as we haven't in previous phases. The next condition is in regards to street lighting. Condition 2.30 under the Public Works. And it calls for sodium -- sodium streetlights and the Meadowlake Village currently uses a metal halide, which I understand is a yellow light and is considered decorative by the City of Meridian and I did speak with Public Works staff today and they did say that they are okay with the use of the metal halide, we would just need to enter into a maintenance agreement with the city and we are more than happy to do that. Condition number 3.9, 1 just struck out the applicant shall provide a stub street within the development. That just wasn't clear. It just wasn't taken care of in the original staff report and it's no longer required by staff. The next ones are all really to distinguish commercial -- I'm sorry, I just had a blank for a minute -- commercial conditions versus • Meridian City Council July 17, 2007 Page 57 of 77 residential. These are all for the commercial uses. A knocks box. Dumpsters. They are all pretty intuitive as to the fact that they are commercial, we just wanted to tack that on there, commercial only, just so, again, everybody is on the same page. And with that I'm going to open it up for questions, because it's been a long night and I think these are pretty minor and, again, we are -- we have had a really great working relationship with the staff and they seem pleased with the changes we have made to the site plan and, hopefully, it meets that spirit of the Planning and Zoning and fire department wishes as well. De Weerd: Thank you. Council, any questions for the applicant? Bird: I have none, Mayor. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: One quick one. The engineering documents probably depict this. When you talk about 30 feet -- the street frontage in the cul-de-sac, this one lot just really jumped out at me. Johnson: Oh. Right. There is -- I believe it's 30 feet on a cul-de-sac, but it can be reduced with a shared drive, so that would be required to have a shared drive. Is that was your question -- Borton: Okay. That one does have a shared drive? Johnson: Yes. It will have to. Borton: Okay. That answers it. Thanks. De Weerd: Okay. Anything further, Council? Thank you. Okay. This is a Public Hearing. I do not have anyone signed up. Is there anyone who would like to provide testimony on this application? Okay. Seeing none, does the applicant have any further statements? Zaremba: Madam Mayor? De Weerd: Okay. Mr. Zaremba. Zaremba: I would just confirm two things, if I may, that staff has seen what we have been presented and I see a head nod. And that on the 2.3.0 one, Public Works is comfortable with the change there. Grady: Sorry, I was back in my corner and didn't hear the question. Meridian City Council July 17, 2007 Page 58 of 77 De Weerd: I know. Is there a reason you're back in the corner? Grady: I got kicked out of the front row. Zaremba: I guess the main question is whether Public Works is comfortable working with the applicant on a different street light than we typically require, consistent with the ones they are already using in other parts of the development. Grady: I think we are and that's why I think the -- as part of the street light agreement we would negotiate that. I wasn't quite sure that we had exactly nailed it down, but the mere fact that we are willing to negotiate with them, we will come up with a standard that meets our requirements. Zaremba: Thank you. De Weerd: And that's pretty typical of those that have decorative lighting. Thank you. Okay. No further comment from the applicant? Council, any further information needed? I would entertain a motion to close. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move that we close the public hearings on Item 12, PP 07-009, Item 13, CUP 07-008, and Item 15, MI 07-006. Bird: Second. De Weerd: I have a motion and a second to close the public hearings on Items 12, 13, and 15. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Any discussion needed? If not, do I have a motion? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Let's do them combined, so that they all refer to the same notes. I suppose that's okay. I move that we approve PP 07-009, CUP 07-008, and MI 07-006, to include all staff comments and specifically that condition 1.2.3 should be removed, condition 1.2.4 should be removed, and that we add a 1.2.13 requiring the applicant to submit a private street application and that condition 1.2.10 can be removed. And that we accept the clarifications and changes made in the WRG Design, Incorporated, memorandum, dated July 17th, 2007, addressed to the Mayor and City Council. End of motion. Meridian City Council July 17, 2007 Page 59 of 77 De Weerd: Okay. Do I have a second? Borton: Second. De Weerd: Okay. I have a motion and a second to approve Items 12, 13 and 15, with the changes as noted. Is there any discussion? Mr. Berg, will you, please, call roll. Roll -Call: Bird, yea; Rountree, absent; Zaremba, yea; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 16: Public Hearing: VAC 07-009 Request for a Vacation of the public utilities, drainage, irrigation easements, a future road easement and a farm access easement for Lots 3, 4, 5 & 6, Block 1 of Kachina Estates Subdivision for Cabella Creek by ATM Development, LLC — north of Victory Road and west of Locust Grove Road: De Weerd: Thank you. Okay. Item 16 is a Public Hearing on VAC 07-009. 1 will open this Public Hearing with staff comments. Canning: Madam Mayor, Members of Council, this is the Cabella vacation. Cabella Subdivision -- or Cabella Creek Subdivision is located on the north side of Victory Road approximately three-quarters of a mile east of Meridian Road. The applicants are requesting to vacate a ten foot wide utility drainage and irrigation easements. Those are shown in the red. A 20 foot future road easement that's shown in blue. A 15 foot farm access easement that's shown in green. And, then, they are also -- they are also depicting a North Meridian Irrigation District easement at 60 feet. In 2005 Cabella Creek Subdivision was approved by Council. However, prior to signature of the final plat they were required to vacate the easements that were created with the original Kachina Estates and I just need to point out that although the Ten Mile Drain bisects the subject property, the applicant is proposing to vacate the drainage irrigation easements that were established for the waterway, but they are replacing it specifically with a Nampa -Meridian Irrigation District easement that is 60 feet in width. So, they are removing one and putting another one back on there. As we were reviewing it prior to the hearing tonight for the farm access easements, we looked at the relinquishment and it's only for the existing property. We still need it for Lot 2 of Kachina Estates. We did go ahead and decide to keep it on the agenda tonight for your consideration. These do require coming back for a resolution, so we would suggest that this vacation be conditioned upon receiving a relinquishment from the owner of Lot 2, Kachina Estates, for that 15 foot farm access easement and we would hold the resolution until we receive that relinquishment. So, that is one outstanding issue. The other thing -- and this is just for the purposes of the record tonight. The 25 foot future road easement, the applicant has done quite a bit of research with both ACHD and the county surveyor and we anticipate that that will not require an ACHD vacation application at this time. However, should the surveyor determine months or a year from now that for some reason one is required, we just wanted to make sure that this hearing sufficed for that ACHD right of Meridian City Council July 17, 2007 Page 60 of 77 way vacation hearing. So, again, that was just for the record. We believe we have got the right applications before you and the applicant has done quite a bit of research. So, it's a little bit of a confusing project, but I will answer any questions you may have, but it is -- although it looks confusing, it's a fairly straight forward vacation. De Weerd: Okay. Zaremba: Madam Mayor? De Weerd: Yes. Zaremba: Just one question or clarification and it relates to the 25 foot future road easement, which may or may not -- in their plat I believe they are planning to put a roadway in here and is that going to be a public roadway? Canning: Yes, sir. Zaremba: So, that replaces any need for this easement, whether ACHD owns it or not, I take it. Canning: Correct. Zaremba: Okay. De Weerd: Council, anything else? Bird: No, I don't. De Weerd: Is the applicant here? Cronin: Madam Mayor, Members of the Council, my name is Eric Cronin, I work for the Land Group on behalf of the applicant ATM Developments. I guess my address is 462 East Shore Drive, Eagle, Idaho. On behalf of the applicant I appreciate you staying out and allowing me to present this application. As Anna mentioned previously, the easements were asked and you're requesting vacation of are the ten foot public utilities irrigation drainage easements, which are noted in red and as far as the 25 foot future road easement, originally we thought we were going to have to go through ACHD's process, started filling out the application, and had a conversation with a number of individuals over there and on May 4th we spoke to Nan Hills over there and she indicated that as it does not say to the benefit of ACHD or public right of way, then, it's -- technically can claim it, so say vacate it through the City of Meridian was the option that we are here to vacate it through and speaking with the public -- or the county surveyor, he indicated that he read it the same way we did. It wasn't dedicated for the right -- or public use or didn't directly state ACHD. So, with that said, we are going to stand as it is today and not go through ACHD and that process and like Anna mentioned previously, it was indicated that the -- previously in the relinquishment documents -- we never Meridian City Council July 17, 2007 Page 61 of 77 obtained one from Lot 2, which would grant access to Lots 3 and 4 via Victory Road on the north side of the Ten Mile drain and speaking with the applicant today late, he said we should be able to obtain that relinquishment letter sometime this week and get that resubmitted. So, it's not -- does not appear to be an issue at all in obtaining that letter. So, I guess I'll stand for any questions or clarifications you had. De Weerd: Thank you. Council, any questions? Bird: I have none, Mayor. De Weerd: Thank you so much. Cronin: Thank you. De Weerd: This is a Public Hearing. Is there anyone who would like to provide testimony on this application? Okay. Seeing no further testimony and no questions by Council, I would entertain a motion to close. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we close the Public Hearing on Item 16, VAC 07-009. Borton: Second. De Weerd: I have a motion to close Item 16. All those in favor say aye. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Any discussion? Hearing none, do I have a motion? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we approve VAC 07-00 -- I'm sorry. I'm looking at the wrong one. VAC 07-009, with the additional condition that they provide to staff the vacation of easement along Lot 2 of Kachina Estates. Borton: Second. De Weerd: I have a motion and a second to approve Item 16 with the additional condition. Any discussion? Borton: Madam Mayor? Meridian City Council July 17, 2007 Page 62 of 77 De Weerd: Mr. Borton. Borton: And the resolution, as staff has suggested, would be held until that's received by staff? Zaremba: Yes. De Weerd: If there is no further discussion, Mr. Berg, will you, please, call roll. Roll -Call: Bird, yea; Rountree, absent; Zaremba, yea; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 17: Public Hearing: VAC 07-013 Request for Vacation of the public utility easement platted on Lots 1-3, Block 2 for Doris Subdivision by Teach Investments and Seagle Three, LLC — 1330 East Fairview Avenue: De Weerd: Thank you. Item 17 is a Public Hearing, VAC 07-013. 1 will open this Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, this is the Doris project. It's located on the corner of Fairview Avenue and North Locust Grove Road. The applicant is requesting vacation of -- the applicant -- okay. I'm sorry. The subject site is Lots 2 and 3 of Block 2 of Doris Subdivision are currently vacant and Lot 1 is currently unimproved with an automobile oil and lube facility on the southern portion. A record of survey prepared by Treasure Valley Engineers was prepared and recorded on August 31 st, 2006, and it created two new property lines. The original property lines kind of followed here. Now they have created ones that the front lots are much larger and the one in the back is smaller, so that we are dedicating -- with that application they are dedicating new ten foot wide public utility easements around the entire perimeter of the properties. They are shown in the shaded area on the right-hand drawing. So, they are now asking to vacate the shaded areas as shown on the left-hand drawing. Those are the existing ones on the property line. We have received all the necessary relinquishments and to our knowledge there are no outstanding issues before Council. De Weerd: Thank you, Anna. Any questions for staff? Bird: I have none. De Weerd: Is the applicant here? Mason: Good evening, Madam Mayor, Members of the Council. My name is Barbara Mason and I am a planner for Treasure Valley Engineers. For the record, the address is 1204 6th Street North, Nampa, and as Anna has explained, this is mostly kind of a housekeeping pretty straight forward relinquishment. We did hold a neighborhood Meridian City Council July 17, 2007 Page 63 of 77 meeting. Twelve people attended. None were in opposition. And we do have all the appropriate relinquishment letters from the affected agencies. And so I will be happy to stand for questions. De Weerd: Thank you. Council, any questions? Bird: I have none. De Weerd: Thank you very much. This is a Public Hearing. Is there anyone who would like to provide testimony on this application? Seeing none, Council, do you need further information or do you have a motion to close? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close the Public Hearing on VAC 07-013. Zaremba: Second. De Weerd: I have a motion and a second to close the Public Hearing on Item 17. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve VAC 07-013, Doris Subdivision, vacation of public utility easements and everything necessary for relinquishments is in, so that's my motion. Zaremba: Second. De Weerd: And you're sticking to it, uh? I have a motion and a second on Item 17 to approve the public -- or to approve the application. If there is no discussion, Mr. Berg, will you, please, call roll. Roll -Call: Bird, yea; Rountree, absent; Zaremba, yea; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 18: Public Hearing: VAR 07-013 Request for a Variance to UDC 11 -3E -4C1 to exceed the 500 square foot maximum structure size for a temporary use to allow a 7,056 square foot tent for a parking lot sale for Joe's Meridian City Council • July 17, 2007 Page 64 of 77 Sports, Outdoors and More by Joe's Sports, Outdoors and More — 3415 North Eagle Road: De Weerd: Thank you. Item 18 is a Public Hearing VAR 07-013. 1 will open this Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, this is Joe's Sports Outdoors and More project. It's located on the northwest corner of Ustick and Eagle generally. It's within the CentrePoint project. The application before you tonight is for a variance and that variance is to the temporary -- it's -- I seem to have gotten tongue tied about a half hour ago. I apologize. It restricts temporary structures to a maximum of 500 square feet. Now, that is what your staff report says and at the time the applicant submitted the application that was true. Last Tuesday it is now 700 square feet. So, I just wanted to make that clarification, that it is slightly bigger. But the applicant is requesting approval to erect a 7,000 square foot tent in the parking lot of Joe's Sports and this is for a temporary sales event. The time period that the applicant is proposing would be setup from July 12th to the 19th; sale July 20th through the 29th, and, then, tear down July 30th through August 3rd. The subject -- I'm sorry. We do have an illustrative elevation. Oh. Here is the -- where it would be located and, then, the hatched area represents kind of an enclosed area that they would fence off, so there wouldn't be any parking there. And, then, the tent would be in the center of that. Here is an example of the tent. Okay. We have received no written testimony since the staff report. The outstanding issue before City Council is staff could not recommend findings for approval of the variance and, as usual, I'll go through those three findings. The first one is the variance shall not grant a right or special privilege that is not otherwise allowed in the district. As noted previously, temporary uses are allowed as an accessory use in the C -G zone. However, the UDC restricts the size of those structures to a maximum of now 700 square feet. The applicant is requesting approval of a 7,000 square foot tent. Staff is not overly concerned with the size of the tent, as the use proposed will not house flammable materials. There are emergency exits and there is sufficient parking on the site to accommodate the proposed use. However, staff finds that if the City Council grants the requested variance, it will be a special privilege granted to the subject applicant and, more particularly, that other temporary uses will ask for similar variances. With regard to the finding that the variance relieves an undue hardship because of the characteristics of the site, staff finds that there are no physical characteristics of the site which requires the application to operate with a larger than allowed temporary structure on the site. With regard to the third finding, the variance shall not be detrimental to the public health, safety, and welfare, staff finds that allowing the temporary structure over the allowed square footage would not be detrimental. So, we were able to make that finding. If Council is inclined to approve the variance request, staff asks that you provide direction on a couple of items. One, if you would like to see the standard changed in the UDC -- as I mentioned previously, we recently changed it from 500 square feet to 700 square feet and the reason for that difference was because 700 square feet allowed you to bring like a job site trailer type onto it. They are 670 square feet. So, the 700 accommodated that use. The second item that we'd ask that you give us some direction on is under what circumstances you would be inclined to grant similar Meridian City Council • July 17, 2007 Page 65 of 77 variances and with that we can just provide better information to future applicants. And, again, that's if you are inclined to approve the variance request. With that I'll answer any questions you may have. De Weerd: Council, any questions? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: This is a general question that would apply not only here, but I have thought about this in relation to like Home Depot and Lowe's and other companies that move their retail stock out into the parking lot and take up parking spaces. When we require a certain number of parking spaces per square foot of retail space and they move product into the parking lot, what happens to the parking requirements? Canning: Madam Mayor, Members of the Council, when we received a request for a temporary use, we do review the required parking -- number of required parking spaces. Our number of required spaces is fairly low. Zaremba: Okay. Canning: But we do look at that. De Weerd: Councilman Zaremba, did that answer your question? Zaremba: I think it did. Thank you. De Weerd: I will note for the record that I did receive an e-mail from Winston Moore on this item, as did Councilman Bird, and so just for the record. Is the applicant here? Long: Madam Mayor, Members of the Council, my name is Jim Long, I'm the store manager of Joe's Sports at 3415 North Eagle Road. Our tent sale has been a tradition for the company for over 25 years. We would like to start the tradition here in Meridian and continue it. We provide quality product in the tent at reduced prices to substantially provide saving to the consumers in the Treasure Valley. I can assure you that we do not have any explosives or ammo or anything of that nature in the tent during the sale. I have personally met with Sonya from the planning department, Brent from the building department, Mr. Silva at the fire department and have spoken with Harold at -- the electrical inspector and have assured that I am complying with all their requests and concerns with the tent. The tent structure is probably one of the more expensive ones the company has provided for Joe's store, in concerns for safety of our customers and our employees. It is structure tent, unlike the one that you see right there. It has a wind tolerance of 75 miles an hour to provide safety in the Treasure Valley and some of our summer thunderstorms and stuff. So, it will comply with a 75 mile an hour wind tolerance. Our main concern is the safety of our customers and our employees and to Meridian City Council July 17, 2007 Page 66 of 77 provide additional savings in merchandise for the consumers of the Treasure Valley. And I stand for any questions. De Weerd: Thank you. Council, questions? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Mr. Long, are you aware if the company has -- because there is so many different locations, do they have any scientific studies that would show the conclusion that you have talked about, wind resistance and some of the safety features of the type of -- because it's such a large tent -- that confirms some of the data that you have provided? Long: I believe we provided that to the planning department from the tent manufacturer, who is coming to erect the tent, has provided that information to the planning department as far as the -- that information. De Weerd: Okay. Further questions from Council? Bird: I have none at this time. De Weerd: Thank you. I have one other person signed up in favor. Jonathan Seal. Seal: Good evening, Madam Mayor, Council members. Jonathan Seal. W.H. Moore Company, 1940 Bonito. I'll keep it fairly short. I think Mr. Long has stated it well. The only other thing that I would add to it, if possible, I, obviously, would encourage you to approve this. I think it's an excellent use. It's an opportunity to bring more people to the shopping center to make it a more successful product for us, obviously. But I think also what strikes me in this is that we are -- quite honestly -- and I mean this in due respect, that we are even here in front of City Council on something like this. As it says in the staff report, the exits are there, parking is there, they have no concern with it. And I really believe that this should be something that you should allow staff to make determinations in the future. This is not going to be the only tent sale in the City of Meridian and I find it difficult that you restrict it down to 700 square feet and, otherwise, someone has to go through basically a variance, which is, as you well know, is neighborhood meetings and all the other stuff. So, I would encourage you to trust staff to make the judgments and say is there no combustible materials, is it not going to put the public at risk, is it going to be put up safely, at least to limits certainly greater than 700 square feet, which is not a great deal. Joe's -- and he didn't get into this -- was in a real dilemma, they have their -- they have their trucks on their way right now and they had to make their decision before this variance came up. But as you well know, the timing it takes from the application to the hearing is fairly long, so they put themselves in a very difficult position. But they had no choice. So, I think oftentimes if these things are planned, the timing and the commitment they have to make puts them in a difficult Meridian City Council • July 17, 2007 Page 67 of 77 position like it does here. So, if you deny it tonight, obviously, we -- we have got to take some pretty drastic actions out here and that's -- when I say we, also ourselves. So, I hope you would and, again, I hope you would look at the fact that maybe allow staff, as your professionals, to make the decisions on some of these things. I don't think personally this should be something that should be taking your time. So, thank you. De Weerd: Thank you. Is there any further testimony on this application? Any further information from staff? Canning: No, ma'am. Nary: Madam Mayor? Zaremba: Yes, Mr. Nary. Nary: Madam Mayor, it was brought up a little bit and talked about -- either the combustible -- and maybe Deputy Chief Niemeyer has a different perspective. The fact of whether or not combustible material is in a tent is certainly relevant. The problem I have from a legal perspective is trying to define what your target is. It's difficult to be able to establish a target based on combustible versus noncombustible materials in trying to establish an outdoor structure of this temporary nature and that's why our current code doesn't define what's in it and what they are selling, but rather simply the size of it. We had an original standard of 500 square feet. We moved that standard up to 700 square feet, again, to try to keep these temporary structures limited in size. So, they brought up combustible materials a couple of times, but I don't have a magic crystal ball to figure out what's a better size for combustible materials. Again, I don't know if Deputy Chief Niemeyer has a perspective, I don't know if Chief Anderson does. Whatever you set that target at, I guarantee you the people that sell other products, whether they be combustible or not, will, then, look at that as a target. If you want to make it 7,000 square feet, recognize you will get requests until you change the code for every single structure between 700 and 7,000 and I don't know that we can legally distinguish very clearly as to which ones should be allowed at a thousand, two thousand, three thousand, five thousand square feet, just based on whether or not they have fireworks in them or firearms or weapons or ammunition or anything of those things. I don't know that we are going to be able to establish that very clearly and I just wanted that to be in front of you, since that's been brought up, that that is sufficient to allow this, simply because there is not combustible materials. I don't think that's enough from a legal standard for us to be able to establish something. Again, I don't know if Deputy Chief Niemeyer has even a thought of that. I know that's not really his area he deals with, but I just -- I'm not aware in our discussions with the fireworks ordinance that there is a safe size temporary shelter or temporary structure just because it has explosive materials in it. Niemeyer: Madam Mayor, Members of the Council, Mr. Nary, I can probably speak to that a little bit. I was highly educated today on this subject. When we look at this type of issue, as far as combustibles go, there are many things that are combustible, whether Meridian City Council • • July 17, 2007 Page 68 of 77 it be clothing or furniture or what have you. In the case of the fireworks, we looked at that as a Classic C explosive and that was the difference that we made between a tent of that nature and a tent of this nature as far as the contents of that. I understand what you're saying, Mr. Nary, but as far as our explanation goes on, when we evaluate that, a Class C explosive is certainly going to be different to us than bats and clothing. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I, too -- yeah, I have -- Winston Moore from W.H. Moore Company faxed me a -- I'm back in the old days. E-mail. I recieved an e-mail from him, so publicly you can state that. But I -- and I realize that -- that everything is combustible. I mean there isn't anything in this room, excluding those mirrors -- the mirror over there, that won't burn. And it will bust because of the heat. But I know that legal's worried about the difference between fireworks and a sale. Well, I think there is a lot of difference there. Fireworks is an explosive that is sitting there ready to go off. And it's -- and I'm not taking anything from staff. This is our fault and I say we -- four Councilmen on this UDC, we thought we really had everything taken care of, but evidently we didn't. We do not have -- we wouldn't have a circus in here. I can remember when tents were put up at the speedway for circuses. Our Bronco Billy had a -- I don't know how many thousand square foot tent put up and I realize that's before we decided that we had to, as government, make all these stipulations, so that we could live to be 66 years old. You know, tell us what was right and what was wrong. So, I don't see any problem. I think it's like we said earlier, this is a business, they pay a lot of taxes to us, we keep, as elected officials -- and I include myself the most -- we keep wanting more money in, more revenue and stuff, but, then, we tie their hands. I mean, you know, we just -- just pay us the revenue and we will -- you know, we don't get any part of that sales tax, that sidewalk sale or that parking lot sale is going to produce. So, that's my soap box. And -- and I don't want anybody to get down on the staff, because they have got laws to work by. The three people that are sitting here and Charlie when he's here, are the four that can change it. They have to go by what it is. And I know she gets kicked in the teeth all the time because of it and it's not fair. So, anyway, that's my soap box. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I would support what Councilman Bird is saying. I was a member of the process improvement group that helped write the UDC. When we were discussing the size of temporary tents and so forth, the things that came up in the conversation were Christmas tree lots and fireworks sales. I don't believe anybody mentioned this kind of a sale, which I think we should be encouraging. It's an event for the city, as well as a business for Joe's. What I would propose is that we have two different standards and I would ask the fire department to be involved in establishing what those two different standards are. If it's a general retail product that is not explosive or inclined to do some Meridian City Council • • July 17, 2007 Page 69 of 77 serious danger and -- let's see, you mentioned Class C explosive as one item, bui maybe there is a list of items, and if any of those items are going to be in the tent, then, the new 700 feet is still the limit. If those are not going to be in the tent -- and I don't know whether you consider batteries too explosive. I don't know what we need to list. But I would propose that there be two lists. That if it has those kind of items, 700 feet is it. If it doesn't have those kind of items, then, we need to pick a different size and if it's 7,000 feet, that doesn't bother me, if it's well designed and there may need to be some design criteria for it as well, that would be my suggestion that we have two different standards. De Weerd: Is there a reference, Mark, in the building code as to size? Niemeyer: There is and it's somewhat general in that the class that this would fall under is mercantile and so it gives us a maximum square footage that would be allowed under the building code and this particular applicant falls under that. De Weerd: And can that help in this in setting those side boards, as Councilman Zaremba suggested, that this would be a retailer using their own parking lot, assuring that parking was adequate with this additional square footage and that it's temporary in nature. So, it has a window so you won't have a fruit stand showing up on one of our big lots that is 7,000 square feet and it exists there all summer long. I guess, you know, there are differences and right now the reason we have these variances is to consider things that no one thought of when they were doing these ordinances. But you do have certain findings you have to have for these. I guess we have a code rewrite need here and it's being able to distinguish those characteristics to show the differences. Canning: Madam Mayor, along that line can I query you all a little bit, because we have been working on rewriting this whole section. It is deficient and we recognize that it is a very difficult subject to accommodate all the different kinds of temporary uses and it has been a very challenging task and Mr. Hood and Ms. Kane have been working on it. And I'm not asking you to establish standards, but I'm just going to ask you a couple questions and maybe if you could nod your head about whether or not it makes a difference. De Weerd: Nodding your head for the public record is not sufficient. Canning: Oh, I'm sorry. Bird: We will speak out. Zaremba: Mine rattles when I nod. I think that will work. Canning: This is not in specific relation to Joe's Sports, so -- does it matter to you that the retailer is in their own parking lot, to use your own words, Mayor? Does that justify a larger -- Meridian City Council • • July 17, 2007 Page 70 of 77 Zaremba: I would be in favor of that restriction Bird: I would definitely be in favor of that. I think that's -- I think that's a reference. It's their property. Or a shopping center -- I mean a center, you know, that I realize that sometimes in these centers, Anna -- and you know one person owns the center and he's got ten different stores or something in there. So, I believe that as long as the owner and the other people, you know -- but we just need to clear something up that you can make the decision, so it isn't up here. We have got your hand tied and you get the black eye. Canning: Joe, did you want to chime in? I'm sorry. President Borton, did you -- Borton: Sure. I'll chime in. It doesn't really matter to me to the extent that those are in a tent is relevant as a means to an end. I mean the sole concern or the focus is the safety of the citizens that are going to be shopping and utilizing that tent. If it's a location on or off the parcel that's close to the event, it doesn't really matter. What matters most to me is which is the safer alternative for those that will be utilizing it. It's the same broad based concerns -- I think Mr. Seal's comments about removing the temporary structure variance and putting it more in your court makes sense, so long as we give you guidance. The guidance that I would provide are the type of things that have been presented here as the public safety features, the accessible parking, the multiple exits, some consideration without bright light rules about the products to be sold in there, hours of operation. De Weerd: The length of time. Borton: Things like that. Length of time. All of those are -- all fall under the safety net, which I don't think you're ever going to get a checklist that clearly defines each and every application in the future, but if we can give you some overriding principles and give you the discretion, a thumbs up or thumbs down on an application by application and if -- with those overriding safety concerns you deny a particular request, there is always an appeal to Council and we have a variance now, so if there is anymore -- so, that's a very long answer to your question. Canning: No. I understood it, but if I might -- two more questions. Would it matter -- would Council be looking for different standards for fully developed properties, such as the one you're seeing today versus undeveloped property? De Weerd: I would. Zaremba: Only that the parking be dust free and -- the same as in the current temporary use. Bird: I think Councilman Borton hit a good subject about -- we have to have a time limit. We have -- we have these -- you know, things that you can decide, but there -- yeah, I mean you don't want to see something like that out in a parking lot for six months and I Meridian City Council • July 17, 2007 Page 71 of 77 don't think any business wants to. They are there to make money and to have a sidewalk sale for six months doesn't make you money. It's a one time come in and get out in two weeks deal, at the most. So, I think we just need to have some common sense and untie your hands. Period. Zaremba: I could see limiting it to 30 days, including setup and breakdown. This one fits within that. They have two or three days for setup and, then, run the event and two or three days to breakdown. That's all within less 30 days. I could see that as the basic guideline. De Weerd: I guess the reason I -- I suggested the improved site is because it's gone through the scrutiny of Public Hearing and you -- generally they have already testified to commercial uses and recognition that there is going to be additional traffic and those kind of things. An unimproved lot that's not gone through those kind of public participation and you have dust mitigation issues, then, you have enforcement issues -- it just gets very complicated and convoluted. So, I -- and that is -- that's kind of why said I definitely have an opinion on it, is because it has gone through a lot of public testimony. They already recognize it as a retail site and I think those are distinguishing characteristics for these kind of uses. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Madam Mayor, I don't disagree. I don't know if -- we need to give Mrs. Canning some specific guidance -- if that is something that should be done now as part of this application -- I mean it's kind of relevant. We could have the discussion, but I don't think tonight we can tell you 30 days, 25 days, dust, no dust. But we need to do that. Canning: Sir, no, I wasn't looking for specific standards tonight. I was taking a -- I was just riding the coat tails a little bit, so I could know -- we are working on this one and I just had these questions that I haven't known how you would react to and it's hard to move forward on it, so -- but I think I have got enough. I had one other one, but I'm not going to ask it anymore, so I'm done. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council -- but it might I guess be helpful if the Council is inclined to grant this request in some form -- and I know Councilmember Borton said this wasn't important, but at least until we have a different code in place, if this request is appurtenant to an existing business that's already there, from an enforcement standpoint that is helpful, because many times a lot of these temporary uses, whether they be orange stands or whatever, are not -- don't have anything to do Meridian City Council • July 17, 2007 Page 72 of 77 with the property. They may have consent to be there, but no one from the property wants to take any responsibility for the actions of that business that's operating there. So, if this Council's inclination is that type of extension of their business is different than what most temporary sales are, then, this is -- you know, I mean the only thing truly, I guess, that distinguishes this particular request than the extension of the garden area of some our local vendors -- or local markets that do that and extend their garden shop out to the parking lot through the summer, is the fact that there is a tent on top of this. So, if it's an extension of their business and that's something that would help us distinguish it from the random orange and strawberry sales, Christmas tree sales, whatever, that would be helpful for staff and enforcement to deal with, if that's something you're comfortable with. De Weerd: Okay. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Since you brought it up, I totally agree, because I think the comment that you -- and the concern that you raise are consistent with -- because there is an existing commercial use in this context that allows those enforcement issues, the safety issues, and the concerns that we have got to be more readily addressed and observed by an occupied property. So, I agree with you. De Weerd: Okay. Mr. Zaremba. Zaremba: Madam Mayor, I agree with that entire summary and what has been said. I might wonder if we need to ask one more question. In this case we have the representative of the property owner who has come forward and said this is okay with them, but might we also want to add the condition that the business owners association needs to approve this? I mean what if the guy next door thinks he's losing all his parking spaces? I think there should be some cooperative agreement or maybe they should all do their parking lot sales at the same time. De Weerd: Well, unfortunately, right now it's not a consideration, but it should be considered as we develop those recommendations. Zaremba: As one of the list. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I agree with just what you said. We are all -- there are a lot of good points being thrown out right now that we need to keep in the back of our minds when we discuss this and get it and we need to really not do it overnight, it needs to be sit down and Meridian City Council • July 17, 2007 Page 73 of 77 thought out by staff and by Council and Mayor, everybody else, so that we -- so that we don't have -- and we have got a good guideline for our staff, so they don't have to get kicked in the teeth every time something comes up. De Weerd: Well -- and would appreciate user comment, too. Bird: You bet. De Weerd: We want to put it in perspective and put appropriate side boards on it. Canning: And, Madam Mayor, Members of the Council, we have already committed to the chamber that we will work with them and the applicant just informed me that he's got a whole stack of codes on temporary uses that he would be happy to make copies for me. De Weerd: Oh, yea. Okay. Any further questions from Council? Would the applicant like to have any closing remarks? Okay. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we close the Public Hearing on No. 18, VAR 07-0013. Bird: Second. De Weerd: Okay. I have a motion and a second to close the Public Hearing on Item 18. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve VAR 07-013 and to include applicant and staff comments. Zaremba: Second. De Weerd: Is that vague enough? Bird: That's vague. De Weerd: I guess in consideration of the distinguishing aspects that was part of the discussion, if you can pull those out and fit them into the variance. Meridian City Council July 17, 2007 Page 74 of 77 Bird: Yeah. De Weerd: Is that what your motion was? Bird: That's what my motion meant. I wasn't going to sit here and listen to all of it. De Weerd: And second agrees? Zaremba: Yes. De Weerd: Any discussion? Mr. Berg, will you, please, call roll. Roll -Call: Bird, yea; Rountree, absent; Zaremba, yea; Borton, nay. Borton: No. And, Madam Mayor, if I may just -- just comment for what it's worth. It goes back to my remarks to Mr. Seal's suggestion that the ultimate resolution of these types of issues is to remove the temporary structure from the variance process. I'm not so sure that there is anything unique about the site which requires a tent. My motion -- or my vote is not dispositive on what takes place, but I think going forward that's what we need to do and put it back on staff. De Weerd: So noted. Borton: So noted. Item 19: Ordinance No. 07-1326 : AZ 07-005 Request for Annexation and Zoning of 1.46 acres from RUT to an R-4 zone for the property located at 1205 West Overland Road for Host Property by Thomas & JoAnn Pfost —1205 West Overland Road: Item 20: Ordinance No. 07-1327 : RZ 07-007 Request for a Rezone of 0.19 of an acre from an I -L to an O -T zone for the property located at 305 W. Broadway Avenue for Vanbragt Property by Maria Vanbragt — 305 West Broadway Avenue: Item 21: Ordinance No. 07-1328 : AZ 07-008 Request for Annexation and zoning of 3.32 acres from R1 to C -G zone for Zamzow's Overland by JR LLC — 3620 and 3650 East Overland Road: De Weerd: Okay. Motion passed. And I will go ahead and move to Items 19, 20, 21, Ordinances No. 07-1326, 07-1327, and 07-1328 and request Mr. Berg to, please, read these three ordinances by title only. Berg: Thank you, Madam Mayor, Members of the Council. Ordinance 07-1326, an ordinance for annexation of a parcel of land being located in the northwest quarter of the northwest quarter of Section 24, Township 3 North, Range 1 West, Boise Meridian, Meridian City Council July 17, 2007 Page 75 of 77 Ada County, Idaho, as described in Attachment A and annexing certain lands and territories situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT to R-2 in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading of the rules and providing an effective date. Berg: Ordinance No. 07-1327, an ordinance finding that Maria Vanbragt, the owner of certain real property has made a written request for rezone classification for real property being a portion of Block 6 of Westview Addition to Meridian as shown on Book Six of the plat on page 68, records of Ada County, Idaho, and being located in the north one half of the southeast one quarter of Section 12, Township 3 North, Range 1 West of Boise Meridian, City of Meridian, Ada County, Idaho, as described in Attachment A of this ordinance and rezoning certain lands and territories situated in Ada County, Idaho, and within the corporate limits of the City of Meridian and rezoning the land use zoning classification of said lands from I -L to OT in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading of the rules and providing an effective date. Berg: Ordinance No. 07-1328, an ordinance for annexation of a parcel of land being located in the southeast one quarter of the southwest one quarter of Section 16, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territories situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from R-1 to C -G and Service Commercial District in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading of the rules and providing an effective date. De Weerd: Wow. You have heard these three ordinances read by title only. Is there anyone who would like to hear them read in their entirety? Seeing none, I would entertain a motion to approve these ordinances. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve Ordinance No. 07-1326, 07-1327, and 07-1328, with suspension of rules. Meridian City Council July 17, 2007 Page 76 of 77 Zaremba: Second. De Weerd: I have a motion and a second to approve Ordinances 19, 20, and 21. If there is no discussion, Mr. Berg, will you, please, call roll. Roll -Call: Bird, yea; Rountree, absent; Zaremba, yea; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 22: Executive Session per Idaho State Code 67-2345(1) )(a) — (to consider hiring a public officer, employee, staff member or individual agent, not to include. This paragraph does not apply to filling a vacancy in an elective office), (b) — (to consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent, or public school student),(c) (to conduct deliberations concerning labor negotiations or to acquire an interest in real property, which is not owned by a public agency, & (f) — (to consider and advise its legal representatives in pending litigation): De Weerd: Okay. Item 21 is Executive Session per Idaho State Code. I would entertain a motion to adjourn into Executive Session. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 67-2345 (1)(a), (1)(b), (1)(c) and (1)(f). Man, we are covering everything. How come we don't have (d). Zaremba: I'll second that. De Weerd: I have a motion and a second to adjourn into Executive Session. Mr. Berg, will you, please, call roll. Roll -Call: Bird, yea; Rountree, absent; Zaremba, yea; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. EXECUTIVE SESSION: De Weerd: Council, do I have a motion to come out of the Executive Session? Bird: So moved. Zaremba: Second. Meridian City Council July 17, 2007 Page 77 of 77 De Weerd: All those in favor. Roll -Call: Bird, yea; Rountree, absent; Zaremba, yea; Borton, yea. De Weerd: And motion to adjourn. Bird: So moved. Zaremba: Second. De Weerd: All those in favor. MOTION CARRIED. THREE AYES. ONE ABSENT. De Weerd: Thank you. MEETING ADJOURNED AT 12:14 P.M. (TAPE FILE OF THESE PR EEDINGS) MAYOR T de WEERD � TSO BEAL ,,ATTESTE� "= ,a i►I fill111111\11�� y19 if—IY7 DATE APPROVED G. BERG JR.,41TY"CLERK • July 13, 2007 VAR 07-010 MERIDIAN CITY COUNCIL MEETING July 17, 2007 APPLICANT Landmark Development Group ITEM NO. 5-D REQUEST Findings for Approval -- Request for a Variance to landscape the surplus right of way & decrease the required street buffer along Eagle Rd from 35 ft to 20 ft for Gateway Marketplace -- 3205 East Us -tick Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted. COMMENTS See attached Findings Emailed: M &7n (OV gaff Initials: Materials presented at public meetings shall become property of the City of Meridian. 0 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER • r CITY i If In the matter of the Variance request to UDC Table 11-213-3 and UDC 11 -3B -7C2 to allow a 15 -foot wide portion of "surplus" ITD right-of-way along N. Eagle Road to count toward the required 35 -foot wide street landscape buffer and Development Agreement Modification to remove the requirement for all future uses on the land annexed as the Kissler and Kissler/Dealy properties to obtain Conditional Use Permit approval and update the DA to reflect changes that were approved with the preliminary plat for Gateway Marketplace. Case No(s). VAR -07-010 & MI -07-008 For the City Council Hearing Date of: July 3, 2007 (Findings on the July 17, 2007 City Council agenda) A. Findings of Fact Hearing Facts (see attached Staff Report for the hearing date of July 3, 2007, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of July 3, 2007, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 3, 2007, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of July 3, 2007, 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 August 6, 2002, Resolution No. 02-3 82 and Maps. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAR -07-010 & MI -07-008 0 • 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 Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the provisions of the Development Agreement and Variance all in the attached Staff Report for the hearing date of July 3, 2007, 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: The applicant's request for a 15 -foot wide portion of ITD right-of-way to be counted toward the required street buffer along N. Eagle Road is hereby approved with the provisions noted in the attached Staff Report for the hearing date of July 3, 2007, incorporated by reference.; and, 2. The Applicant's request for a Development Agreement modification is approved as shown in the attached Staff Report for the hearing date of July 3, 2007, incorporated by reference. D. Attached: Staff Report for the hearing date of July 3, 2007. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAR -07-010 & MI -07-008 0 0 By action of the City Council at its regular meeting held on the l ` day of 2007. COUNCIL MEMBER DAVID ZAREMBA VOTED__6k,'4-1 COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED COUNCIL MEMBER KEITH BIRD VOTED TIE BREAKER MAYOR TAMMY de WEERD VOTED MAYOR T ,,de WEERD ATTEST: �o SEAL LIAM G. BERG, JR., C C RK 7 Copy served upon: ✓, ApplicantI111111111`������`'��`\ Planning Dep men Public Works Department City Attorney LBy -J("Dated: City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAR -07-010 & MI -07-008 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 STAFF REPORT HEARING DATE: July 3, 2007 (Continued from June 19, 2007) TO: Mayor & City Council FROM: Sonya Watters, Associate City Planner (208) 884-5533 SUBJECT: Gateway Marketplace • VAR -07-010 C�Wr'w[v .41w anaiz i Ii,1Hf1 Variance request to UDC Table 11-2B-3 and UDC 11 -3B -7C2 to allow a 15 - foot wide portion of "surplus" ITD right-of-way along N. Eagle Road to count toward the required 35 -foot wide street landscape buffer • MI -07-008 Development Agreement (DA) Modification to remove the requirement for all future uses on the land annexed as the Kissler and Kissler/Dealy properties to obtain Conditional Use Permit approval and update the DA to reflect changes that were approved with the preliminary plat for Gateway Marketplace 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, Landmark Development Group, is requesting a Variance (VAR) from UDC Table 11- 2B-3 and UDC 11-313-7C2 which requires: 1) 35 -foot wide landscape buffers along entryway corridors; and, 2) the landscape buffer along streets to be located at the subdivision boundary within a common lot or a permanent easement. If approved, the variance would allow the Applicant to count a portion of the adjacent Idaho Transportation Department (ITD) right-of-way toward the required street landscape buffer along N. Eagle Road, an entryway corridor. The Applicant is proposing to reduce the width of the landscape buffer on the subject property to 20 feet and use 15+ feet of ITD right-of-way along Eagle Road toward the remainder of the required buffer width. The Applicant states, and the landscape plan shows (see Exhibit A-2), that there is between 15 feet and 26 feet of surplus right-of-way that is not in ITD's long term plans for expansion of Eagle Road. The applicant is proposing to landscape all of the right-of-way. The Applicant's justification for the requested variance is listed in Section 4.h of this Staff Report. The Applicant has also submitted a Miscellaneous Application (MI) requesting a modification to the recorded Development Agreement (DA) for the Kissler property, Instrument No. 104107406, approved with the Kissler Annexation (AZ -03-018). This DA modification also proposes to include the 5+/- acre parcel to the east annexed as the Kissler/Dealy property (AZ -03-022, DA Instrument No. 104093292) into the existing above -referenced DA. The Applicant is proposing to amend the DA's to remove the requirement for all future uses on the Kissler and Kissler/Dealy properties to obtain Conditional Use Permit (CUP) approval. Additionally, the Applicant is requesting to update the DA to reflect the changes that were approved with the preliminary plat regarding access to Eagle Road and the location of a frontage road, which are currently contradictory to the DA provisions. When these properties were annexed, a specific development plan was not proposed, only a conceptual plan. Because of this, a CUP was required through the DA for detailed review and approval of all future uses on these sites. Since that time, a preliminary plat (PP -06-002) has been Gateway Marketplace VAR -07-010 & MI -07-008 Page 1 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 approved that included both the Kissler and the Kissler/Dealy properties that outlined building locations, access points to Eagle Road, utilities, landscaping, etc. The applicant feels that because of this plat, a CUP should no longer be required. Because of the Gateway Marketplace Preliminary Plat Conditions, there are conditions in the DA that that are now outdated due to the subsequent approvals/requirements. The property is located at the southeast corner of N. Eagle Road and E. Ustick Road in Section 4, Township 3 North, Range 1 East, B.M. 2. SUMMARY RECOMMENDATION The City Council has final decision authority on VAR and MI applications. Staff is recommending approval of the subject Variance application (VAR -07-010) and Miscellaneous application (MI - 07 -008) for the reasons listed herein. Staff finds that the VAR application meets all of the findings required in the UDC in order for the City Council to grant a variance. (See Analysis, Section 8, of this report, for more details.) SUMMARY RECOMMENDATION: (Insert after Commission Summary) The Meridian City Council heard these items on my Z 7007 At the ]public hearing the approved the subject VAR and MI request, 3. PROPOSED MOTION (to be considered after the public hearing) Approval After considering all Staff, Applicant, and public testimony, I move to approve File Numbers VAR - 07 -010 and MI -07-008, as presented in Staff Report for the hearing date of July 3, 2007, and direct Planning Staff to prepare findings for approval based on tonight's hearing, with the following changes: (insert any changes here) I further move to direct Legal Department Staff to prepare an amendment to the recorded Development Agreements for this site that reflects the subject changes to the Development Agreements. Denial After considering all Staff, Applicant, and public testimony, I move to deny File Numbers VAR -07- 010 and MI -07-008, and direct Legal Staff to prepare the appropriate findings document for denial. (You should state why you are denying the request.) Gateway Marketplace VAR -07-010 & MI -07-008 Page 2 1 1 1 1 1 1111rITNOMI. 1 11 II 1 1 1 1 1 1 1 1 II I� 1' 1 1 1 1 ;' 1 1 X 1 1 • • I I I 1 1 �� I; I I � 1 1 1 1 I I 1 1 1 _' 1 1 1 I I 1 l l I W I rl I I I RI 1 1 1 1 1 I I W-4 1 u I • 1 - 1 Ell . : e .I 1 1_. 1 1 11 1 I 1 1 . 1. 1 I' 1; 1 1_ 1 1 11 1 1 1 • 1 1 II 1 _ I I. 1 1 I 1 7 1 II r 1 riI r1T-X@ 1 II 1I 1 1 I I X 1 1 ; 1 1 1; I� 1 1 1• 3. PROPOSED MOTION (to be considered after the public hearing) Approval After considering all Staff, Applicant, and public testimony, I move to approve File Numbers VAR - 07 -010 and MI -07-008, as presented in Staff Report for the hearing date of July 3, 2007, and direct Planning Staff to prepare findings for approval based on tonight's hearing, with the following changes: (insert any changes here) I further move to direct Legal Department Staff to prepare an amendment to the recorded Development Agreements for this site that reflects the subject changes to the Development Agreements. Denial After considering all Staff, Applicant, and public testimony, I move to deny File Numbers VAR -07- 010 and MI -07-008, and direct Legal Staff to prepare the appropriate findings document for denial. (You should state why you are denying the request.) Gateway Marketplace VAR -07-010 & MI -07-008 Page 2 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 Continuance I move to continue File Numbers VAR -07-010 and MI -07-008, to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 3205 E. Ustick Road & 3445 E. Ustick Road Generally located on the southeast corner of E. Ustick Road and N. Eagle Road Northwest '/ of Section 4, Township 3 North, Range 1 East b. Owner: James A. Kissler & Prime A Investments, LLC 1125 W. Amity Road Boise, ID 83705 c. Applicant: Landmark Development Group 2462 Sunshine Drive Boise, ID 83712 d. Representative: Tamara Thompson, Landmark Development Group e. Present Zoning: C -G (General Retail and Service Commercial) f. Present Comprehensive Plan Designation: Mixed Use — Regional g. Description of Applicant's Request: The Applicant is requesting a variance from UDC Table 11-213-3 and UDC 11 -3B -7C2 which requires: 1) 35 -foot wide landscape buffers along entryway corridors; and 2) for the entire buffer to be on a common lot or within a permanent easement at the subdivision boundary. If approved, the variance would allow the Applicant to count some of the adjacent ITD right-of-way towards the landscape street buffer width. The Applicant is proposing to reduce the area of the landscape buffer on their property to 20 feet; the remaining 15 feet to be landscaped within the right-of-way. The Applicant is also requesting approval to amend the recorded Development Agreement for the subject property to remove the requirement for all future uses on the Gateway Marketplace site to obtain Conditional Use Permit approval. h. Applicant's Statement/Justification: In laying out the details of the off-site widening on Eagle Road, it has been determined that the Idaho Transportation Department (ITD) has up to 26 feet of surplus right-of-way. ITD states that their long-term plans do not call for utilizing the surplus right-of-way (ROW). We request a variance to landscape the surplus ROW, to decrease the on-site landscape setback from 35 feet to 20 feet, to clean up the gravel and weeds within the ITD ROW and enhance the roadway and entrance to the shopping center. This same variance request was approved for the Centre Pointe Subdivision in 2006. (Please see the Applicant's submittal letter for more information.) 5. PROCESS FACTS a. The subject application will, in fact, constitute a variance as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, Chapter 5, Article A (Table 11-5A- 1), a public hearing is required before the City Council on this matter. Gateway Marketplace VAR -07-010 & MI -07-008 Page 3 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 b. Miscellaneous applications are not currently addressed in Title 11 of the Unified Development Code. It has been determined by the City's Legal Department that a miscellaneous application to amend a recorded development agreement will, in fact, require a public hearing before the City Council. c. Newspaper notifications published on: May 28, 2007 and June 11, 2007 d. Radius notices mailed to properties within 300 feet on: May 25, 2007 e. Applicant posted notice on site by: June 14, 2007 6. LAND USE a. Existing Land Use(s): Unimproved b. Description of Character of Surrounding Area: There are Kohl's Department Store, Lowe's Home Improvement Store, several single-family homes, planned retail stores, and other planned commercial and office uses in the area. c. Adjacent Land Use and Zoning: 1. North: Commercial (Lowe's), zoned C -G 2. West: Commercial (unimproved), zoned C -G 3. South: Commercial (unimproved), zoned C -G 4. East: Commercial (unimproved), zoned C -G d. History of Previous Actions: ➢ On April 6, 2004, a large portion of the subject property was granted Annexation and Zoning (AZ -03-018) approval with a C -G (General Retail and Service Commercial) zone. A Development Agreement was also approved with the annexation (Instrument No. 104107406). There are multiple parcels, on both the east and west side of Eagle Road that are associated with AZ -03-018. ➢ On July 13, 2004, the 5+/- acre Kissler/Dealy property directly east of the Kissler property on the southeast corner of Ustick Road and Eagle Road was granted Annexion and Zoning (AZ -03-022) approval with a C -G zone. A Development Agreement was also approved with the annexation (Instrument No. 104093292). ➢ On July 18, 2006, a Preliminary Plat (PP -06-002) was approved for 23 commercial building lots on 22.85 acres for Gateway Marketplace. ➢ On July 18, 2006 a Variance (VAR -06-002) was also approved for two access points to Eagle Road/SH 55. ➢ A Final Plat (FP -07-019) is currently in process for the first phase of Gateway Marketplace. ➢ A Final Plat (FP -07-020) is currently in process for the second phase of Gateway Marketplace. CentrePointe Subdivision No. 1 and CentrePointe North were granted approval, in June of 2006 and March of 2007, respectively, for counting adjacent ITD right-of-way for Eagle Road towards the required landscape street buffer width. The landscape buffer was approved at 20 feet, with 15 feet constructed within said right-of-way. e. Existing Constraints and Opportunities Gateway Marketplace VAR -07-010 & MI -07-008 Page 4 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 1. Public Works Location of sewer: Extension of mains in Ustick Road / Sadie Creek Location of water: Extension of mains in Ustick Road / Sadie Creek Issues or concerns: Water main connection in Eagle Road is required. 2. Vegetation: Vacant land with a few trees (contact the City Arborist, Elroy Huff at 888-3579, to determine if these trees need to be mitigated for) 3. Floodplain: NA 4. Canals / Ditches / Irrigation: There is one irrigation/drainage ditch that bisects the subdivision and one that runs along the south boundary of the subdivision. 5. Hazards: Staff does not know of any hazards that exist on this property. 6. Size of Property: 22.85 acres f. Landscaping: Per the Future Land Use Map, Eagle Road is designated as an "Entryway Corridor" adjacent to this site. As such, the UDC (Table 11-213-3) requires a 35 -foot wide street buffer adjacent to both roadways. The landscape plan proposes a 20 -foot wide buffer along Eagle Road. The UDC requires landscape buffers along streets to be placed in either a separate common lot or landscape easement. The Applicant has submitted the subject variance to allow a 20 -foot wide landscape buffer on their property along Eagle Road with the remaining 15+ feet of buffer is to be located and landscaped within ITD's right-of-way. 7. AGENCY COMMENTS MEETING No comments were provided for the Variance application. Please see the public record for the Variance file for any written comments that may have been submitted by other agencies. 8. ANALYSIS a. Analysis Leading to Staff Recommendation: Staff has provided analysis below regarding the proposed applications. VAR Application: The Applicant is requesting a variance to UDC Table 11-2B-3 and UDC 1I - 3B -7C2 to allow a 15 -foot wide portion of ITD right-of-way (ROW) along N. Eagle Road to count toward the required 35 -foot wide street landscape buffer. The Applicant states in their narrative that ITD's long-term plans do not call for utilizing this right-of-way. The ITD's right- of-way varies from 16 feet to 26 feet; the applicant is proposing to landscape all of the unused right-of-way along with the 20 -foot wide buffer proposed on the site. Staff has discussed the Applicant's request with Kevin Sablan & Wade Christianson at ITD and they have stated that the right-of-way along Eagle Road is not "surplus" nor is it anticipated to be designated as such in the future. They cannot guarantee that Eagle Road will not be widened in the future; however, at this time there are no funded plans to do so. A right-of-way encroachment permit is required for landscaping within the right-of-way. The UDC (11-31-1-40) requires a 10 -foot wide multi -use pathway along Eagle Road. The Applicant's plan depicts a 5 -foot pathway within the 20 -foot wide landscape buffer. However, the Applicant must construct a 10 -foot pathway on-site. This will reduce the landscaped (green) area on their property to 10 feet. The landscape buffer along the CentrePointe development, located on the northwest corner of Gateway Marketplace VAR -07-010 & MI -07-008 Page 5 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 Eagle Road and Ustick Road, was previously allowed to be reduced to 20 feet, similar to that being requested in the subject application, with landscaping within the unused portion of ROW. Additionally, two similar variance requests are currently in process for Bienville Square and Sadie Creek, directly to the west of the subject property. Smitchger Subdivision to the north provided the full 35 -foot wide buffer as required by the UDC and landscaped the unused portion of ROW (approximately an additional 15 feet). Staff believes that the intention of the buffer requirement will be served and will be comparable to adjacent buffers on the other three corners of the Eagle/Ustick intersection if the applicant landscapes the unused portion of ITD ROW, in addition to providing a 20 -foot wide buffer on the site as proposed. Further, the width of the landscape buffer provided will actually exceed that normally required if the right-of-way is allowed to be counted toward the required buffer (ROW varies from 16' to 26'). Staff supports the Applicant's request for the afore -mentioned reasons with the provisions stated below in Staff's recommendation (Section 9). MI Application: The Applicant is requesting to modify the existing DA (Instrument No. 104107406) for the Kissler property, Instrument No. 104107406, approved with the Kissler annexation (AZ -03-018). ). This DA modification also proposes to include the 5+/- acre property to the east annexed as the Kissler/Dealy property (AZ -03-022, DA Instrument No. 104093292) into the existing above -referenced DA for the Kissler annexation. The Applicant is proposing to amend the DA to remove the requirement for all future uses on the Kissler and Kissler/Dealy properties to obtain Conditional Use Permit (CUP) approval. Additionally, the Applicant is requesting to update the DAs to reflect the changes that were approved with the Gateway Marketplace preliminary plat regarding access to Eagle Road and the location of a frontage road, which are currently contradictory to the recorded DAs. (See Applicant's narrative for more detail on the proposed DA modifications.) When these properties were annexed, a specific development plan was not proposed, only a conceptual plan with commercial, office, high density commercial, multi -family residential, residential, and transitional uses shown. Because the plan approved with the annexations were very conceptual, a CUP was required through the DA for detailed review and approval of all future uses on the sites. Since that time, a preliminary plat (PP -06-002) for Gateway Marketplace that included both properties was approved that depicted building locations, access points to Eagle Road, utilities, landscaping, etc. The applicant feels that because a detailed plan was reviewed by Staff and approved with the plat, a CUP should no longer be required. Because a detailed site plan was approved with the preliminary plat for Gateway Marketplace, staff agrees that further site plan review through the CUP application process is not necessary. Further, the applicant must comply with all conditions of approval of previous applications approved for this site, including the requirement for all future structures on the site to comply with the design standards listed in UDC 11-3A-19. The Applicant is required to submit a design review application along with a Certificate of Zoning Compliance (CZC) application for the buildings on this site prior to issuance of building permits. Staff is generally supportive of the DA modifications requested by the applicant, as they update the DA to reflect the subsequent approvals on this site, with the changes made by Staff shown in Exhibit A.4. Note: Please see the Applicant's narrative for the requested modifications to the DA. Staff has made some changes to the Applicant's request, which are noted in Exhibit A.4. The Applicant has requested that Section 6.A.4 through 6.E.1 be eliminated; however Staff does not believe that eliminating the Comprehensive Plan policies noted on pages 5-6 is necessary as they are not conditions, only policies. Further, Staff is not comfortable wholly removing the original requirements of ACRD, the Meridian Fire Department, and the Idaho Gateway Marketplace VAR -07-010 & MI -07-008 Page 6 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 Transportation Department without their approval. Please see Staffs recommended changes to the DA listed in Exhibit A.4 of this report. 9. RECOMMENDATION Staff is recommending approval of the Applicant's request for a Development Agreement modification as shown in Exhibit A.4. Additionally, Staff believes that the Applicant's request meets the required findings for granting a variance (see Exhibit B), and is recommending approval of the variance with the following provisions: a. Applicant shall meet all terms and conditions of approval of the annexations (AZ -03-018 & AZ -03-022), development agreement (Inst. No.'s 104107406 & 104093292), preliminary plat (PP -06-002), and variance (VAR -06-002) previously approved for this site. b. The Applicant shall provide a 20 -foot wide landscape buffer along the Eagle Road frontage on the subject property. Said buffer shall be depicted on the face of the plat within a permanent easement or a common lot, in accordance with UDC 11-3B-7C2b. c. The Applicant shall obtain approval from the ITD (right-of-way encroachment permit) to landscape the surplus right-of-way for Eagle Road adjacent to this site as shown in Exhibit A- 2 (surplus right-of-way shall mean all area behind the curb). d. Landscape materials shall be generally installed as shown on the Landscape Plan (Exhibit A- 2) and shall be in compliance with the requirements of the UDC. All trees shall be planted within the subdivision's required 20 -foot wide buffer as depicted on the landscape plan and not within the right-of-way. The applicant shall be responsible for constructing a 10 -foot wide multi -use pathway within a public use easement and installing streetlights and landscaping consistent with the Eagle Road corridor study. Said pathway shall be constructed within the boundary of the subject property along N. Eagle Road and not within ITD's right-of-way, in accordance with UDC 11 -3H -4C3. f. All structures within Gateway Marketplace Subdivision shall submit a design review application and comply with the design standards listed in UDC 11 -3A -19C at the time of Certificate of Zoning Compliance application, per condition of approval of PP -06-002. 10. EXHIBITS A. Maps/Other 1. Vicinity Map 2. Landscape Plan 3. Legal Description 4. Development Agreement Modifications B. Required Findings from Unified Development Code (Variance) Gateway Marketplace VAR -07-010 & MI -07-008 Page 7 • C1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 Exhibit A-1 — Zoning/Vicinity Map CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 Exhibit A-2 — Landscape Plan • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 Exhibit A.3 — Legal Description [replaces the "Kissler Property" legal description in Exhibit A (page 21)] "KISSLER AND KISSLER/DEALY PROPERTIES" aka GATEWAY MARKETPLACE dolborn & waite consulting" IIc enginsers & surveyors 120 N. Cwtis PA Boie% Usho 83706 (206) 376.8555 Fox (208) 429 462 P.N. 2279 O"w 20, 2005 UBTIM PROPERTY BOUNDARY DESCRIPTION A parcel of land lying in the Northwest 114 of Section 4, T.3N., RIE., EX. Ada County, Idaho, and being mom pswwUlady dog" ae fasooays: Commaenang at the Northwest omw of said Section 4, thence S 89 49'08" B along the Nath boundaty of odd Sect Baa 4 and the vinterlino of Ustick Reed for a did&= of 97.62' fleet; thenas leaving acid North boundary end oa ohne S Ol' 51)'5x" W fora distance o( 77.96 feet to a point on the south r}ght&way line of Uettok Roel, being the REAL P011ff OF BSCIN 1111034 Huesca along said South right-of-way fine fbr the following 13 courses: N 44 0214" E for a distance of 47.06 foot; thtsnce S 89r 49'08°' E for a distance of 262.81 feet; thence S 4Z 51'21" E fir a Menne of 41.18 feet; thence N 87' 17' 10" E Ibr a diatanoe of29.03 het: theaoe N 4Z 4315" E ibr a distance of40.57 fK thence N 89 13'34" E for a distance of 179.28 feet (fiornrorly doacrribed as 179.20 feetX thence S W 35'55" E for a distance of 15.25 hat; thence S BY 49'08" E for a distance of 10.00 fleet; them N W 35'55" E for a distatnoo of 15.41 hat; thence N BY 13'34" B for it distance of 81.02 feet; C:IPagj6OblLhMickld..A (7879 t - 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 d mee S 43' 19' 18" E for a d1stanrce of 4l .37 firs; thence N W 48'02" E for a distance of 39.00 feet; thence N 43' 12'l 9" E for a distance of 25.70 Foot (fonr erly described as 25.84 feet); thmm leaving :aid South right-of-way line S W 35'00" W for a dicta m of 1241.57 fact to the South boundary of Gavwnnent Lot 4 of said Section 4; thence N 89' 51'00" W along said South boundwy f;er a distance, of 61.35 fed; them -leaving said South boundary 3 00 36'13" W fi w a distance of 93.77 feet; thence N 89' 51'00" W for a distance of 700.02 tett to a paint on the East riShtraf-way line ofEsrgle Road; thence N 00 36-13- E along said Bast right-cf-way line fbr a distance of 114.17 feet thence N OT 50'52" E coming along said right-of-way line fov a distance of 1193.33 feet to the POINT OF BEGINN1NGr, containing 22.85 ages of land, awe our less. Preloranad by: Todd R Waite P.L.S. C-VW*b 9idd-1A (227"0w=@UWv addmAw 2 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 Exhibit A-4 — Development Agreement Modifications+ Section 4.1: (page 4) "... Residential uses, and Transitional Uses, and all uses shall be required to go through the Conditional Use Permit process for approval except for the Kissler and Kissler/Dealyproperties, which shall obtain design review approval at staff level prior to or concurrent with the Certificate of Zoning Compliance application, prior to submitting for building permits for each building proposed on these properties." rties." Section 5: (page 4) "Owners" have submitted to "City" an application for conditional use permit, and shall be required to obtain the "City's" approval thereof, in accordance to the City's Zoning & Development Ordinance criteria, therein, provided, prior to, and as a condition of, the commencement of construction of any buildings or improvements on the "Property' that require a conditional use permit; all future uses listed in UDC Table 11-2B-2 for the C -G zone that are "conditional" uses shall obtain conditional use permit (CUP) approval prior to commencement of the use. Section 6.A. (page 4) "Owners" shall develop the "Property" in accordance with the following special conditions: (Note: The following conditions pertain to annexation of the subject propert� (AZ --03-018) in 2003. Please see site specific conditions relating to Gateway Marketplace for more current conditions of approval.) Section 6.A.3: (page 5) "Except for the properties located on the southeast corner of Eagle Road and Ustick Road, annexed as the Kissler and Kissler/Dealy properties (aka Gateway Marketplace), which shall comply with the Findings of Fact and Conclusions of Law and Decision and Order for PP -06-002 and VAR -06-002 (see attached staff report for all required conditions of approval and Findings of Facts and Conclusions of Law and Decision and Order), lit shall be required that all future uses within the boundaries of this annexation only be approved through the Conditional Use Permit process, and either a public or private backage street parallel with Eagle Road/SH 55 be incorporated into the design of future site plans. A conceptual master plan demonstrating interconnectivity, transitional uses, access points and other key land planning issues is required prior to any CUP applications being submitted for any of the three (3) parcels on the west side of Eagle Road/SH 55. Any residential uses required by the City Council shall also be addressed as part of the DA." Section 6.D (page 9) "Adopt the Recommendations of the State of Idaho Transportation Department as follows: Fsee VAR -06-002 (Gateway Marketplace), and VAR -05-023 (Bienville Square)]" 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 Section 6.E.1 (page 10) "All uses must be approved through the Conditional Use Permit process as shown on the Concept Plan, dated: DEC. 22 2003, NO. 1529, as presented at the February 24, 2004 City Council meeting, and which Concept Plan is hereby approved and attached hereto as Exhibit "C", except, all future uses proposed on the Kissler and Kissler/Dealy annexation sites (aka Gateway Marketplace), located on the southeast corner of Eagle Road and Ustick Road, listed in UDC Table 11-2B-2 for the C -G zone that are "conditional" uses shall obtain conditional use permit (CUP) approval prior to commencement of the use; uses listed as "permitted" shall not require CUP approval. All future buildings on the Kissler and Kissler/Dealy sites shall be required to obtain administrative design review approval prior to commencement of construction." Section 15 (pages 12-13) The "Owner" agrees that no Certificates of Occupancy will be issued until all improvements that are related to public life, safety, and health (including but not limited to: water, sewer, and power facilities; parking lot paving and striping; and streetpaving) are completed upAess "City" an in any phase in whieh the impr-evements have not been installed, eempleted, and aeeepted by i 6W. Where approved by the City Engineer, an owner maypost surety for improvements that are not related to public life, safety, and health, including but not limited to landscaping, fencing, pressurized irrigation systems, and site amenities, in order to obtain City Engineer signature on the final plat and/or obtain a temporary Certificate of Occupancy; no permanent Certificates of Occunancv shall be issued in any phase in which the improvements have not been installed. completed, and accepted by the "City Exhibit B, Findings of Fact and Conclusions of Law/Conditions of Approval (page 24) Include the Findings of Fact and Conclusions of Law/Conditions of Approval for PP -06-002 and VAR - 06 -002 in Exhibit B as follows: 0 . CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of a Preliminary Plat Approval for 18 Commercial lots for Gateway Marketplace Subdivision by Landmark Development Group, LLC. Case No(s). PP -06-002 For the City Council Hearing Date of. July 18, 2006 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of July 18, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of July 18, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of Julyl 8, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of July 18, 2006 incorporated by reference) B. Conclusions of Law I. 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 August 6, 2002, Resolution No. 02-382 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. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASENO(S). PP -06 -002 -PAGE 1 of4 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 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 urder 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 Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of July 18, 2006 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 Preliminary Plat as evidenced by having submitted the Preliminary Plat stamped Revised March 10, 2006 is hereby conditionally approved; 2. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of July 18, 2006 incorporated by reference; and, 3. Allys Way shall serve as frontage road, with applicant participating in the construction costs as reauired by ACRD. 4. Access to Eaele Road shall be as approved by VAR -06-002. D. Notice of Applicable Time Limits Notice of Twelve (12) Month 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 record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and confomns substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, may be considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -6B - TA, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CA. -;F NO(S) PP_06 02- PAGF 2 of 4 0 L CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 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. E. Notice of Final Action and Right to Regulatory Takings Analysis The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit 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 rcqucst for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Mcridian, pursuant to Idaho Code § 67-6521 ail affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval 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, Attached: Staff Report for the hearing date of July 18, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP -06-002- PAGE 3 of 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 By action of the City Council at its regular meeting held on the �da of , 2006. Y COUNCIL MEMBER SHAUN WARDLE VOTED__ COUNCIL MEMBER JOE BORTON VOTED // �i✓f COUNCIL MEMBER CHARLIE ROUNTREE VOTED COUNCIL MEMBER KEITH BIRD VOTED MAYOR TAMMY de WEERD VOTED r� (TIE BREAKER) — 0 illiam G. Berg, Jr., City erk Copy served upon Applicant, The Planning�D�e`Public Works Department and City Attorney. By �()�Q 0 ► Dated: -1-20 City l-2UCity Clerk CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP4)&W2. PAGE 4 of 4 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF KEFURT FUK IHE HEAKINCi DAIL Ur 1'IKi?006 STAFF REPORT Hearing Date: Apfil18, 2096 -'t' w� R4vised for July 18. 2006 hearing TO: Meridian City Council 0 Y LeridzT%n ' FROM: Planning Commission j. �d. Staff: Joe Guenther, Associate City Planner Anna Cann11H. Director Meridian Planning Department 208-884-5533 SUBJECT: Gateway Marketplace PP -06-002 — Preliminary plat for 18 lots on 22.85 acres for Gateway Marketplace by Landmark Development Group, LLC. I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Landmark Development Group, LLC, is requesting approval of a Preliminary Plat for 18 commercial lots to construct up to 250,000 square feet of retail and restaurant uses on approximately 22.85 acres within the Gateway Marketplace development at the Southeast corner of Ustick Road and Eagle Road/SH-55 with a Variance to Chapter 3 Article II of UDC for acccss to Eaglc Rudd. This is the second application and would be the third commercial project constructed within the Kissler annexation project AZ -03-018 where Sadie Creek Promenade and Bienville Square Subdivisions are also included with the subject annexation. The 22.85 -acre site was approved for annexation with a Development Agreement (DA) in April 2004 under the name Kissler Annexation (see File No. A7.-03-018). The DA (Instrument No. 104107406) requires that any future use be consistent with the approved plans for the annexation. A concept plan for the overall site was submitted with the preliminary plat application showing building layouts, public access, cross access and drive aisles. 2. SUMMARY RECOMMENDATION History: The Planning Commission heard the item for the first time on February 16, 2006. On February 16, 2006 the Planning Commission detailed their concerns on landscaping, interconnectivity, building layout and parking lot configuration. The main point of discussion was on the potential future public road which would provide connection from the site to the east and connect with Allys Way and the access points to Eagle Road. The commission made a recommendation to see a redesign citing staffs concerns and included a public road connection to Eagle Road at the southern property boundary. The commission made a second motion to direct staff to work with ITD and ACHD and forward to the City Council a recommendation to have a signalized intersection with a public street connection at the '% mile point south of the EagleJUstick intersection to facilitate an intersection bypass. On March 16, 2006 the Commission recommended approval of the Gateway Marketplace Preliminary Plat redesigned March 10, 2006. The variance request proposes two new approaches to N. Eagle Road/State Highway 55, one for right- in/right-out access driveway and one planned for a full access point. The Idaho Transportation Department (ITD) has not approved any approach permits on this site and has made comment that this site does not qualify for access by standard district policy. The ITD access executive committee met on March 22, 2006. At the meeting ITD determined that the applicant shall comply with the considerations outlined in the letter dated March 24, 2006. The Development Agreement for the 22.85 acres does require a frontage type of road. Staff feels that the future collector road east of the site sufficiently addresses the interconnectivity of the site and may be substituted as a frontage road in cooperation with the adjoining properties (Una Mas and ACHD annexations). The design will provide a public street acccss to Ustick Road with the three points of cross access to the east, and potential future public street south of the site to access the future Allys Way. Gateway Marketplace Subdivision page 1 PP -06-002 0 r: CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HLARINti DAIL UI/!18121106 On April 5, 2006 Meridian City staff and ACHD Right of Way Division staff met to discuss the required public street connection to the future collector road (Allys Way). ACHD would not approve a public road connection to Eagle Road and would only consider a public road connection to `/< mile east of Eagle Road at the south property line. If the City Council denies the approaches, Staff feels the design of the plat would adequately provide interconnectivity by allowing two points of connection to Ustick Road, three points of connection the future collector road west of the site, and cross access to the south where the future signalized intersection with River Valley Drive will connect to Eagle Road. Staff is recommending approval of the subject application (PP -06-002) with the conditions contained in Exhibt C of this report. Staff is also recommending denial of the access variance (VAR -06-002) as outlined in the Variance staff report also to be heard on April 18, 2006. The Meridian Planning and Zoning Commission heard the item on March 16, 2006. At the March 16, 2006 public hearing they moved to recommend approval. a. Summary of Public Hearing: i. In favor: Tamara Thompson (applicant's representative) ii. In opposition: None. iii. Colmnenting: None. iv. Staff presenting application: Joe Guenther v. Other staff commenting on application: None. b. Key Issues of Discussion by Commission: i. Constructing sidewalk along McMillan Road and Meridian Road with the first phase of the development. c. Key Commission Changes to Staff Recommendation: i. Including a full access to Eagle Road at '/< mile south of Ustick Road. ii. Supporting a public road connection at '/< mile south of Ustick Road. d. Outstanding Issue(s) for City Council: i, f6agle Read Assess point 3. PROPOSED MOTIONS Approval After considering all staff, applicant and public testimony, l move to approve File Number PP -06- 002 as presented in the staff report for the hearing date of April 18, 2006, and the preliminary plat labeled PP -1, stamped REVISED March 10, 2006 with the following modifications to the conditions of approval: (add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to deny File Number PP -06- 002 as presented in the staff report for the hearing date of April 18, 2006, for the following reasons: (you should state specific reasons for denial of the annexation or plat and you must state specific reason(s) for denial of the conditional use permit.) Continuance After considering all staff, applicant and public testimony, I move to continue File Number PP - 06 -002 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: SE corner of Ustick Road and Eagle Road/SH55 Township 3N, Range I E, Section 4 Gateway Marketplace Subdivision page 2 PP -06-002 • 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 7; 18/2000 b. Owner James Kissler 1125 W. Amity Boise Id 83705 c. Applicant: Landmark Development Group, LLC Tamara Thompson 1882 Toluka Way Boise ID 83702 d. Representative: Tamara Thompson, Landmark e. Present Zoning: General Retail and Commercial (C -G) (AZ -03-018) f Present Comprehensive Plan Designation: Mixed Use -Regional — 2002 Comprehensive Future Land Use Map g. Description of Applicant's Request: 1. See Exhibit A (prepared by Landmark Development Group LLC) for a copy of the detailed site plan which depicts the lot layout, building, parking and access locations. Exhibit B shows the proposed landscape plan. h. Applicant's Statement/Justification: The application notes that the mixed use regional designation provides for the overall site to be developed with a mixture of Rctail/Restaurant /Drive thru and other Commercial and office uses oriented around automobile traffic. The applicant notes that the site is an ideal location for a retail complex and will provide the additional landscaping along drive aisles, the design review for structures along the gateway corridor. 5. PROCESS FACTS a. The subject applications will in fact constitute preliminary plats as determined by City Ordinance. By reason of the provisions of the Unified Development Code Title 11 Chapter 6, a public hearing is required before the City Council on this matter. b. Newspaper notifications for initial hearing published on: Council — March 27 and April 10, 2006 C. Radius notices for initial hearinp. mailed to properties within 300 feet on: Council — March 24, 2006— d. Applicant posted notice on site for initial hearing by: April 7, 2006. C. City Council conducted the initial hearing for this item on April 18, 2006 and approved the Proiect. Before the findings were adopted the applicant requested reconsideration The reconsideration hearing was initially scheduled for June 6 2006 and continued to June 27 2006 Theprojcot was again continued to July 18 2006 in order to incorporated ACRD conditions of approval (see Exhibit B for ACHD's conditions). f. Newspaper notifications for Council reconsideration hearing published on: MaY 15, 0006 and May 29.2006. 2. Radius notices for Council reconsideration hearing mailed to properties within 300 feet on: May 11, 2006 h. Applicant posted notice on site for Council reconsideration hearing by: May 27 2000 Gateway Marketplace Subdivision page 3 PP -06-002 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF RE PORI FOR THE HEARING DATE OF 7118/2006 6. LAND USE a. Existing Land Use(s): Bare land, single family residence b. Description of Character of Surrounding Area: Large lot residential, highway -oriented services, rapidly urbanizing. e. Adjacent Land Use and Zoning 1. North: Future pad sites within Schmitchger Subdivision, Lowe's site zoned C -G. 2. West: Sadie Creek Promenade Subdivision, Bienville Subdivision proposals, zoned C -G, Rl, and RUT 3. South: undeveloped parcels zoned C -G with Redfeather Annexation. 4. East: Una Mas conceptual project and ACHD future right of way, zoned RUT - proposed zone C -G d. History of Previous Actions: In April 2004, the owners and City entered into a Development Agreement for various High Density Commercial, Multi -family Residential, transitional, and office uses under File A7--03-018. Some property was annexed and zoned to General Retail and Commercial (C -G) with a Development Agreement while other portions of the property (on the west side of Eagle Road) were not included in the annexation leaving out parcels which were addressed with the original conceptual plan. e. Existing Constraints and Opportunities 1. Public Works Location of sewer: Extension of mains in Ustick Road Location of water: Extension of trains in Ustick Road Issues or concerns: Water main connection in Eagle Road is required. 2. Vegetation: Agricultural/Irrigated 3. Flood plain: N/A 4. Canals/Ditches Irrigation: The Milk Lateral bisects the property. 5. Hazards: None identified 6. Size of Property: 22.85 acres 7 Description of Use: Up to 250,000 square fect of Retail, Conunercial, and Restaurant uses and associated parking and landscape improvements. f Subdivision Plat Information— The nformation— The submitted plat contains 18 lots in a C -G proposed zone with conmtercial uses. Commercial uses are shown to be a mix of restaurant/retail spaces with six approximate 30,000 square foot buildings and 8 approximate 3,000 to 6,000 square foot buildings and 8 approximate 2,000 square foot attached buildings, and one approximate 40,000 square foot office/retail building. g. Landscaping — 1. Width of street buffer(s): Per the Future Land Use Map, both Ustick Road and Eagle Road are designated as "Entryway Corridors." As such, the UDC (Table 11-2B-3) requires a 35 -foot wide street buffer adjacent to both roadways. The landscape plan (Sheet L1.1) proposes a 35 -foot wide buffer along both Ustick and Eagle Roads. If the Gateway Marketplace Subdivision page 4 PP -06-002 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HbAKINU DATE OF 7/18/2006 applicant proposes to construct the "Entryway Corridor' buffers in easements they must meet the landscaping standards required in the UDC. 2. Percentage of site as open space. The UDC does not require open space or site amenities for commercial uses. 4. Other landscaping standards: The landscape buffer along Ustick Road should be constructed in accordance with UDC Chapter 3, Article B. h. Planned Development Characteristics — N/A i. Conditional Use Information: 1. Non-residential square footage: 250,000 2. Proposed building height: 65 feet 3. Percentage of site devoted to building coverage: 25% 4. Percentage of site devoted to landscaping: Not defined 5. Percentage of site devoted to paving: Not defined 6. Percentage of site devoted to other uses: N/A 7. Number of Residential units: N/A j. Amenities — The applicant is not required to provide an amenity k. Off -Street Parking (residential uses) — N/A 1. Proposed and Required Residential Standards — N/A in. Proposed and Required Non -Residential Parking — One off-street parking space required for every 500 square feet of gross floor area. This may be addressed during detailed CUP review, CZC review, and/or building design review but the design appears to meet the minimum standards of the UDC parking requirements. n. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): • The applicant is proposing two new access points to Eagle Road/SH55 to serve the Gateway Marketplace project at approximately 700 feet and 1200 feet south of the Ustick/Eagle Intersection, As noted above, ITD must issue a right-in/right-out permit and a full access permit for this site, and the access is further contingent on the Meridian City Council granting a variance to UDC 11-3H. At this time the policy in place would be for frontage roads to serve this site and provide connection to the '/2 mile and the collector road systems. ITD has submitted a letter indicating that they will not make a decision on approving access to Eagle Road until such a time as the Meridian City Council has formally acted on the Variance request. City staff does not support any access to Eagle Road in this location. In addition, the applicant is proposing two new access points to Ustick Road at the following locations: ■ Driveway #1 — 350 feet east of Eagle (right-in/right-out with center median) • Driveway #2 — 700 feet cast of Eagle (full access) Ustick Road, from Leslie Drive to Ally Street (on the east side of Eagle Road), including the Eagle Road intersection, has just been widened and improved to five lanes. The intersection was widened to include dual left tum lanes. Gateway Marketplace Subdivision page 5 PP -l16-002 • 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DA t OF 7.!18Q006 In addition, the recorded DA between the applicant and the City requires either a public or private street be constructed parallel to Eagle Road/SH55 that may connect to the north boundary and may also connect to Eagle Road, if allowed by ITD at a point to be determined by ACRD. ACHD has stated that the applicant shall provide cross access south and east to connect to the future collector roadway east of the site and the connection to the signalized access proposed south of the site at River Valley Drive. This project along with the Una Mas Project east of the site will connect with Ally Street, a proposed public street serving as a collector roadway to the entire area. The design received March 10, 2006 lines up at three points to the east as requested. The area plan (Una Mas Annexation) shows private, internal driveways connecting to the future public street; such driveways run mostly east/west connecting the Kissler site to Ally Street and ultimately Ustick Road. For a detailed report on both ITD's and ACHD's actions and comments, please sex; the letters/reports submitted with the application. 7. AGENCY COMMENTS MEETING On December 28th 2005, staff held an agency comments meeting. The agencies and departments present included: Meridian Fire Department, Meridian Meridian Public Works Department, and the Sanitary Services Company. Staff will included all comments and reconmtended actions as Conditious of Approval if the Meridian Planning Commission requests approval of the design as presented. If the Meridian Planning Commission agrees with the staff analysis that a redraw of the plat will be required of the site then staff will provide comments at such time as a new proposal is ready for Commission review. S. COMPREHENSIVE PLAN POLICIES AND GOALS The subject site is designated 'Mixed Use -Regional' on the Future Land Use Map. In Chapter VII of the Comprehensive Plan, this designation is defined in part as an area that is situated in highly visible or transitioning parts of the City where innovative and flexible design opportunities are encouraged. The MU -R hag no upper limit on the square footage of non-residential uses and is intended to allow a broad range of uses. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): Require that development projects have planned for the provision of all public services. (Chapter VII, Goal III, Objective A, Action 1) When the City established its Area of Citv Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: • The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. • The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed the lands will be serviced by the Meridian Police Department (MPA). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACHD). This service will not change. • The subject lands are currently serviced by the Meridian School District t12. This service will not change. Gateway Marketplace Subdivision page 6 PP -06-002 0 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 CITY OF MERIDIAN PLANNING DEPARTMENTS I AI -F REPORT FOR THE HEARTNG DATE OF 7/180006 The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee -supported, services will be provided by the Meridian BuddinK Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • Chapter VII, Goal I, Objective B: Plan for a variety of commercial and retail opportunities within the Impact Area. Stafffinds that the site is designated for MU -R on the Comprehensive Plon Foh+re Land Use Map. Although strictly commercial uses have not been specifically planned for this• property on the Comprehensive Plan Future Land Use Map the Development Agreement fi•om the annexation shows this portion as commercial and consistent with file overall site plan when combined with the proposed Bienville Subdivision, and Sadie Creek Promenade Subdivision which are all bound by the same development agreement The bulkproposal of uses would also meet the general classifications for mixed use regional. • Chapter VII, Goal I, Objective B, Action 5: Locate new conununity commercial areas on arterials or collectors near residential areas in such a way as to complement with adjoining residential areas. Ustick Road is classified as an arterial roadway. The applicant is not proposing access from the adjoining commercial areas by wav of cross access, sidewalks or shared streets x-hich will provide fiture connection to residential areas east o 'the site along Ustick Road. Srgff believes that the commercial areas proposed compliment the existing and planned residential areas in the vicinity. • Chapter VII, Goal N, Objective D: Encourage appropriate land uses along transportation corridors. Staff believes that the proposed land uses are appropriate along the adjoining transportation corridors (Ustick Road and Eagle Road). Stq (supports the proposed uses at this site as thev are consistent with the Mixed use regional district and the approved development agreement. • Chapter VII, Goal N, Objective D, Action 2: Restrict curb cuts and access points on collectors and arterial streets. The ACHD evaluates access points in their analysis; no direct lot access is allowed to any of the arterial/collector roadways. The proposed access points to the arterial streets generally comply with ACHD's standards as detailed in the staff report. Please see. the ACRD staff report contained in the f le. ITD has indicated that they will not act on the proposed access points to Eagle Road until such a time as the Meridian City Council acts on the variance requests. The Idaho Transportation Department (ITD) has a policy for access to a Type IV Principal Arterial will be at intersections only, and spaced at one-half mile intervals in urban areas. ITD allows approaches (other than intersections) in special cases and on a temporary basis. The Eagle Road access shall be eliminated from this project. • Chapter V11, Goal N, Objective U, Action 5: Require appropriate landscape and butters along transportation corridor (setback, vegetation, low walls, berms, etc.). Gateway Marketplace Subdivision page 7 PP -06-002 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE Ot 7!18/2006 The applicant is proposing to construct appropriate buffers along all of the adjacent arterial streets. By Ordinance, a minimum 35 foot wide landscape buffer to Gateway Corridors. Tile landscape plan shows the appropriate landscape buffers. Staff also finds the following 2002 Comprehensive Plan text policies to be applicable to this application: ■ "Require all new parking lots to provide landscaping in internal islands." (Chapter V, Goal III, Obj. D, #3, page 43) • `Eagle Road is the major north -south arterial in Ada County. The capacity of this arterial should be protected by minimizing the number and location of private driveway access connections to this important roadway. The City should recognize, adopt, and help implement the Eagle Road Access Control Study, prepared by ACRD in 1997," (Chapter VI, page 71) ■ "The capacity of arterial ... roadways can be greatly diminished by excessive driveway connections to the roadways. The City should cooperate with ACRD to nunuuize access points on arterial ... roadways as development applications are reviewed." (Chapter VI, page 72) ■ "Develop methods, such as cross -access agreements, frontage roads, to reduce the number of existing access points on to arterial streets." (Chapter V1, Goal II, Obj. A, #12, page 79). • "Identify transitional zones to buffer commercial and residential uses, to allow uses such as offices and other low intensity uses." (Chapter VII, Goal 1, Obj. B, #7, page 102) • "Restrict curb cuts and access points on ... arterial streets." (Chapter VI1, Goal IV, Obi. D. #5, page 107) 9. UNIFIED DEVELOPMENT CODE a. Allowed Uses in the Commercial Districts: UDC Table 1 I -2B-2 lists retail store/restaurant/drive thru/ office/ financial institute uses as permitted uses in the C -G zoning district. b. Purpose Statement of Zone: The purpose of the Commercial Districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four Districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. C -G General Retail And Service Commercial District: The purpose of the C -G, district is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel -related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the municipal water and sewer systems of the city, and shall not constitute strip commercial development and encourage clustering of commercial development. c. General Off -Street Parking Standards (from UDC 11-3C-5): The following standards shall apply for off-street vehicle parking for nonresidential uses: In all Commercial Districts the requirement shall be one (1) space for every five hundred (500) square feet of aross floor area d. Structures Subject to Design Standards (11 -3A -19B5): All structures on property adjacent to an entryway corridor (Ustick/Eagle Roads) are subject to the design standards listed in this section. Gateway Marketplace Subdivision page 8 PP -06-002 CJ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR Ttfh HtARING DATE OF 7/18/2006 e. Outdoor storage/refuse areas (11-3A-12): Outdoor utility meters, HVAC equipment, trash dumpsters, trash compaction and other service functions shall be incorporated into the overall design of buildings and landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets. f. Development along State and Federal Highways (11 -3H -4B2): If an applicant proposes a change or increase in intensity of use, the owner shall develop or otherwise acquire access to a street other than the state highway. The use of the existing approach shall cease and the approach shall be abandoned and removed. a. No new approaches directly accessing a state highway shall be allowed. b. Public street connections to the state highway shall only be allowed at: i. the section line road; and it. the half -mile mark between section line roads. These half -mile connecting streets shall be collector roads. Section 11-3H-3, The applicant shall construct a street, generally paralleling the state highway, be designed to accommodate fuhire connectivity and access to all properties fronting the state highway that lie between the applicant's property and the nearest section line road and/or half mile collector road. The intent is to provide Jor future connectivity and access to all properties fronting the state highway that lie between the applicant's property and the nearest section line road and/or half -mile collector road. The street shall he designed to collect and distribute traffic (emphasis added). 10. ANALYSIS 10a. Analysis of Facts Leading to Staff Recommendation The revised PP application substantially complies with the Unified Development Code. Below are several special considerations for the P&Z Commission to review at the public hearing: Analysis of Facts Leading to Staff Recommendation PP Application (PP -06-002): Thu REVISED preliminary plat can be conditioned to comply with the Unified Development Code. Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Unified Development Code, Staff believes that this is a good location for the proposed development. Please see Exhibit D for detailed analysis of the required facts and findings for a Zoning Amendment. Non -Residential, Building: The applicant has requested a maximum of 250,000 square feet of retail/restaurant/office spaces. Staff does not propose to limit the applicant to their request as this area is designated as commercial, is surrounded by other commercial uses and is a prime location for intense commercial uses designed in a clustered fashion. Drive Thtu Separation: The applicant has requested several lots to be drive thru retail uses which have a spacing requirement of 300'. Since the site plan is conceptual in nature staff feels that the applicant shall design the site to meet the 300' standard separation for drive thru uses with this Gateway Marketplace Subdivision page 9 PP -06-002 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATL OF 7'18/2006 application. If a drive-thru use is proposed within 300' of another drive tluu then, a conditional use application must be approved. Access to SH 55/ Eaa Road. The applicant has requested an access point to Eagle Road. According to ITD records, the applicant has submitted a request for access permit but is not vested with an access point for this location as the change in use is the deciding factor as to when an access point be granted. Currently the site has no access to Eagle Road and the use is agricultural/residential where the plat will change the use to commercial and is .subject to the design requirements of UDC 11-3H. UDC requires that all access for Gateway Marketplace Subdivision shall be taken from Ustick Road at points determined by ACHD. Um All other lots shall be limited to Office/Retail/Restaurant/Drive thru uses and General Commercial uses listed as permitted in UDC Table 11-213-2. Any uses (excepting Drive tlmu) not listed as permitted shall be subject to conditional approval. Sidewalks: The applicant is proposing to construct internal sidewalks on the major tenant entryways of the internal streets/drive aisles. The design shows the incorporation of the eight -foot walkway which is directed to the main access to the commercial building. When and if the plat is resubmitted as recommended, the applicant shall provide a consistent pedestrian access corridors as shown on the revised site plan dated March 10, 2006. Commercial Amenities The applicant is showing additional landscaping/patio/seating outside along lots 1, 17, and 18. Staff supports the elimination of additional parking along Eagle Road and when the detailed approvals are submitted for each building the applicant shall ensure these features are included as amenities in the intersections of the gateway corridors. Landscape Street Buffers: Arterials: UDC 11-2B requires a 35 -foot wide street buffer along classified arterial roadways and entryway corridors. Eagle Road and Ustick Road are classified as Arterial Roads. On the submitted landscape plan, the applicant is proposing to construct a 35 -foot wide street buffer along Ustick Road and Eagle Road. The applicant should be required to depict the required street buffers on the face of the final plat in an easement or place the required buffers in common lots as per UDC 11-3B. See Exhibit B below. Commercial Strcel : UDC 11-2B requires a 10 -foot wide street buffer along commercial roadways. The submitted plat does not include commercial cross access cast and south. Staff feels that a designed commercial cross access street shall be provided and subject to the landscape standards for commercial street buffers. Within the 10 -foot street buffer, a detached sidewalk shall be provided. Ditches. Laterals. and Canals- There are several irrigation laterals that bisect this parcel. Per UDC I1 -3A-6, all irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled. The applicant is proposing to tile all of the irrigation facilities located on site. See Exhibit B below. Pressure Irri ation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-15). The applicant should be required to utilize 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 used, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with City Code Ser Site Exhibit R below Gateway Marketplace Subdivisi. page 10 PP -06-002 0 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE Ot 7/18/2006 Fencine: The applicant is not showing any fencing on any of the submitted plans. A detailed fencing plan should be submitted upon application of the final plat (UDC 11-3A-7), if pennanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fencing should be installed in accordance with City Code. See Exhibit B below. Cross -access Internal: There are some commercial lots that do not have frontage on a public street. Instead the applicant is proposing to provide cross -access easements to the lots that do not have public street frontage. Because several of the proposed lots do not have frontage on a public street, the applicant should provide a cross parking/cross access agreement for all of the lots within the retail and other commercial portions of the subdivision to use the driveways and parking aisles. Access to Eagle road shall be determined by the Meridian City Council and at least the non -signalized access point to Ustick Road shall be designed to serve as a commercial collector for interconnectivity to the south and vehicular movement in the north/south direction in cooperation with the parcel east of the site. Maintenance of the drive aisles and parking areas should be provided for in a note on the face of the final plat, AND/OR in a document such as CCRs. See Exhibit B below. Cross -access South- The applicant shall be required to provide cross access to the parcels south of the site. The project is a portion of a larger site project (Kissler Annexation) and the sites shall maintain consistent traffic flow for the entire site. Eaele Road Access: The Idaho Transportation Department (TTD) has a policy for access to a Type IV Principal Arterial will be at intersections only, and spaced at one-half mile intervals in urban areas, ITD allows approaches (other than intersections) in special cases and on a temporary basis. The access points shown at approximately 850 feet south and 1350 feet south of the Ustick Eagle Road intersection shall be eliminated as it does not meet criteria of either ITD or the Meridian Comprehensive Plan. Loading Space Parking-• UDC 11-3C-8 requires off-street loading spaces for commercial uses. The Certificate of Zoning Compliance (CZC) application shall clearly demonstrate that both a Type A and Type B space are available on site, located near the refuse/service area behind the building. Elevations: The applicant has not submitted building elevations of the proposed structures. The application lists the proposed building materials, including stone, brick, stucco and timber to be accented with chrome, aluminum and gloss painted trims. UDC 11-3A-19 requires all structures on property adjacent to an entryway corridor to comply with the design standards listed in this section. Staffs interpretation of the UDC is that the applicant may choose to place the "primary entrance" on an elevation other than the public street side. However, the public street elevations (Ustick Road and Fagle Road) must still meet the other standards listed in I 1-3A-19 (except for the primary entrance standards). The elevations will need to be reviewed prior to issuance of CZC to comply with the following ordinance standards: a) Facades: Facades visible from a public street shall incorporate modulations in the facade, roof line recesses, and projections along a minimum of twenty percent (20%) of the length of the facade. Roof lines: Roof design shall demonstrate two or more of the following: a) overhanging eaves, b) sloped roofs; c) two (2) or more roof planes; d) varying parapet heights; and c) Gateway Marketplace Subdivision page 11 PP -06.002 0 C1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEAKINU DAE Ol• 7!18/2006 cornices. c) Mechanical equipment: All ground -level and rooftop mechanical equipment shall be screened to the height of the unit as viewed from the property line. d) Color and Materials: Exterior building walls shall demonstrate the appearance of high- quality materials of stone, brick, wood or other native materials. Smooth -faced concrete block, tilt -up concrete panels, or prefabricated steel panels are prohibited except as accent materials. Muse/Service Area Screen: Neither the Site Plan or Landscape Plan call -out how or if the refuse/service area on the east side of the buildings will be screened. UDC 11-3A-12 requires the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets. The applicant's CZC application must clearly demonstrate how this standard is met. Cross Access: The property to the south is dependent on access for interconnectivity and is directly tied with the existing Development Agreement for providing a frontage road to Ustick Road. The applicant has provided a design not showing any points of access within the immediate vicinity. These points of access are paramount on the success of the general area and staff feels a minimum of three points of cross access shall be provided to the east and one point of access to the south, which shall all he designed to private street standards for pedestrian and vehicular traffic circulation. Strip Development The purpose statement of the General Commercial District specifically reads, "shall not constitute strip commercial development and encourage clustering of commercial development." The comprehensive plan politics further reads, "Usc the comprehensive plan, subdivision regulations, and zoning to discourage strip development, and encourage clustered, landscaped business or residential development on entryway corridors." The applicant has revised the plans to address this concern. Changes to the original design include proving access points away from Ustick to allow for better stacking, this alsu eliminated the small lots along the ustick frontage and replaced them with more retail/restaurant uses on larger pad style uses. These pad uses also incorporated additional landscapeing screening and redirection of traffic/pedestrian movement along Ustick. The applicant also removed one large box user pad and moved it to a pad in a central location, shown on the redesign as lot 11. The applicant has revised the landscape plan and has included six landscape strips with internal sidewalks to break the parking lot into smaller sections. Staff would find that the redesign of the project would not constitute strip development as shown on the design revised March 10. 2006. 9b. Staff Recommendation: Based on the above analysis, staff finds the revised Preliminary Plat applications conforms to the adopted DA, Comprehensive Plan policies and UDC standards. As noted under staff analysis we recommend the building elevations be submitted in compliance with the entryway corridor standards, the access point to Eagle Road be eliminated and redesigned. Staff recommends approval of the application subject to the conditions of approval shown in Exhibit B. 11. EXHIBITS A. Drawings 1. Preliminary Plat (by The Land Group, Revised March 10, 2006) Gateway Marketplace Subdivision page 12 PP -06-002 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 CI'T'Y OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 7;18;2006 2. Landscape Plan (by The Land Group, dated March 7, 2006) B. Legal Description C. Conditions of Approval 1. Planning Department 2. Public Works 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Services 7. ACHD dated D. Required Findings from UDC 1. Preliminary Plat Gateway Marketplace Subdivision page 13 PP -06-002 0 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR T11h HEARING DATE OF "7/I812m Exhibit Al: Preliminary Plat PP-1(The Land Group) Revised March 10, 2006 �'110it e���ii�liae RIM � • . g lil � ! 1 i� Gateway Marketplace Subdivision Exhibit A Page I Q A i9 GATEWAY MARKETPLACE SUBDIVISION Preliminary Plat 1Aeria'an, Idelm !. 0 l-] CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT WK I III: HEARING DATE OF 71118/2006 Exhibit A2: Landscape Plan LLI(The Land Group) Dated March 7, 2006 Gateway Marketplace Subdivision Exhibit A Page 2 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 7:1812006 Exhibit B: Legal Description cloiburn - woite consul ting,_.Ilc englneers 8: surveyors 120 N. Curtis Rd. Boise, Idaho 63706 (208/ 3764555 Fax(208)429.9962 P.N. 2279 October 20, 2005 PARCEL "Ato USTICK PROPERTY REMAINDER PARCEL DESCRIPTION A Dorcol Of WW lying in the North ve 1/4 Of Section 4, T.3N., R.IE., B.M., Ada County, IdehO, and being more paticularly described as follows: Coneem'og at the Northwest carne: of add section 4, thence S 84 49'09" E along the Notal bouadary of said Section 4 and the Centerline of Ustick Road for a distance of 97,62' NK - 111141" '"viog oal thence'"viog ssid North boundery and Centerline S Or 50'52" W for 9 distance of 77,96 feet to a point on the Soldh riglttof-way OF BEGINNING; HUG of UetiGc Road, bcitlg the REAL POINT thane along Mid South right -of --way Goa flu the following 13 courses: N 44 02,14" E for a distance of 47.06 feet; thence S W 49'08" E for a diaraoce of 262.81 feet; thaw S 47 51'21" E for a distance of 4 1. 11 feet; tlttnos N 8T 1710" E for a dlNance of29.03 foot; thtaoe N 41 43'35" E for a distaroe of 40.57 feet; thea[* N 89 13'34" E for a distance of 179.28 feet (formerly described as 179.20 feet), thalee S 89 49'08" E for a distaste of 10,00 feet; II ': . . r. i,: ;...,a...0 ut i5 -0i leer. C:41COP11191dd.LA (2279YMoe%m=ulP4W A.dec I - Gateway Marketplace Subdivision Exhibit B Page 1 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEAKIN6 DATE OF 7/18/2006 cloiborn & wc►ite coonsulting, 11c engineers & surveyors 120 N. Curtis Rd. Boise, Idaho 83706 (208) 376-8555 Pax(209)429-9862 P.N. 2279 00tober 20, 2005 PARCEL "B" USTICK PROPERTY 5.51 ACRE SPLIT A pwvW of land lying in the Northwest 114 of Section 4, UK, KIE., B.M., Ada County, Idaho, and being more particularly described as follows: Com Imciag at the Northwest *omen of said Section 4, thence S W 49'08" E along the North boundary of said Section 4 and the cemerline of Ustick (toad for a distance of 97.62' feet; thence leaving said North boundary and centerline S 01' 50'52" W for a distance of 77.96 feet to a point on the East riglg•of--Way line of Eagle Road;- them oad;thence along said East right-of-way line S Ol' 50'52" W for a distance of 1038.43 feet to the RLAL POINT OF BZGIIVNRt)G; tbmcO continuing along said East right-of-way line S 01' 50'52" W for a distance of 154.90 fod; thence S 00' 36'13" W along said East right-of-way I ine for a distance of 114.17 feet; thence leaving aid bast right -0f --way Una S 84 51'00" E for a diatatu;o of 700.02 feet; then** N 07 36'13" E for a distance of 93.77 The to the South boundary of Government Lot 4 of acid Section 4; thence S 89 51'00" E along said South boundary for a distance of 61 35 feet; t"nrr lwp:: cid C.,t;U, l.a,_.L.r,. �, r?rc q•n ;' i i , ., l� ,� fCa, thence N'89' 51'00" W for a distance of 363.00 feet; , !6' )r :. Jia::,., 1 :l.' G. (rl li'r!. C:TrojactslUs ALLA (2279)U)ocumeatslPatcel B.doc. I - Gateway Marketplace Subdivision Exhibit B Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPURT FUR THE HEARING DATE OF TAN.'2006 thence N 89 51'00" W for a distance of 177.00 feet; thence S 0(109'00" W for a distance of 34.50 feet; thence N 8V 51'00" W for a distance of 218.67 feet to the REAL POINT OF BEGINNING; containing 5.51 acres of land, more or less. Prq)amd by: Todd R. Waite P.L.S. C TrojeasA1sfickLLA (2279)11)MnIen1slPa=lA.d0c- 2 r 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 CITY OF MERIDIAN PLANNING DEPARTMENT S AFF REPORT FOR THE HEARING DATE OF 7/18/2006 C. Conditions of Approval I. Planning Department SITE SPECIFIC REQUIREMENTS— (Gateway Marketplace) 1.1.1 The preliminary plat labeled as PP -1 prepared by The Land Group, Revised March 10, 2006, shall is approved, with the conditions listed herein. All comments/conditions of the accompanying Annexation and Zoning (AZ -03.018) Development Agreement shall also be considered conditions of the Preliminary Plat. 1.1.2 UDC 11-3C-8 requires off-street loading spaces for commercial uses. The Certificate of Zoning Compliance (CZC) application for this project shall clearly demonstrate that adequate parking is available on site, lucawd near the refte/service area designed at the building. 1.1.3 Graphically depict on the face of the plat, the required 35 -foot wide landscape buffer along Ustick Road and Eagle Road. 1.1.4 The applicant shall consider the landscape plan approved as submitted with the following Individual lot landscaping considerations, the final plans shall significantly conform to the submitted plan which shows: • Pad spaces with landscaping, patio, and cooperative outdoor user space. Lots 1, 3, 4, 5, 17, and 18 • Perimeter landscaping- 20' along the eastem perimeter • Roadway landscaping- 20' with an internal sidewalk along the southern perimeter and a minimum of '/2 of a 42' road section. • Internal sidewalks/landscaping planters- these planters shall have a minimum of one tree per 35' and an 8' wide sidewalk. 1.1.5 No direct lot access to Ustick Road or Eagle Road will be allowed. The existing driveways to Eagle Road may be for construction purposes if approved by ITD. At such time, access to Eagle Road shall be prohibited unless specifically granted through variance. 1.1.6 That prior to signature of the city engineer cross access to parcels east and south of the site be granted. 1.1.7 The applicant shall provide commercial cross access drives to the properties east of the site as shown on the revised plans. These access roadways shall be designed according to private street standards as listed in UDC 11-3F, with a minimum of 24' travel way, no parking or backing on to the service drive, a one side five foot detached sidewalk with a S' landscape buffer. The commercial cross access drive is to provide connection from the future Public Roadway (Ally Street) east of the site, through the Una Mas Annexation site, and provide the most direct vehicular traffic flow to a public road system. 1.1.8 The applicant shall work with ACHD to determine if a public frontage road shall be provided at the southern boundary of the site. One half of a 42' public roadway design for a tiontage/backage road shall be reserved at this site until such a time as ACHD staff provides a written statement refusing the reserved area. 1.1.9 Maintenance of all common areas shall be the responsibility of the Gateway Marketplace Subdivision Business' Owners Association(s) 1.1.10 The applicant shall submit from the County Surveyors Office the appropriate documentation showing that usage of Gateway Marketplace as an approved subdivision name. Gateway Marketplace Subdivision Exhibit C Page I CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 CITY OF MERIDIAN PLANNING DEPARTMENTS IAtk REPORT FOR THE HEARING DATE OF 7118!2006 1.1.11 Any roof -mounted mechanical equipment will be screened from view from any public right-of- way. The applicant shall submit drawings at the time of CZC submission that demonstrate this condition is complied with. 1.1.12 The applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11. 1.1.13 All structures within Gateway Marketplace Subdivision shall subunit a design review application at the time of Certificate of Zoning Compliance application. 1.1.14 Comply with UDC 11-3A-12 regarding a screen for the refuse/service area. 1.1.15 No irrigation pump station or facility is shown on the Site Plan. However, if one is proposed for the site, it must be located outside of any required street buffer, Impervious surfaces are prohibited in said buffers. 1.1.16 Prior to the City Engineer's signature of the final plat, all existing structures shall be removed from the site. 1.1.17 Provide internal cross access/cross parking agreement(s) for all lots in Gateway Marketplace Subdivision. All cross access drive aisles shall only approach the ACRD approved points of access to the public street system. Maintenance of the aisle and parking areas shall be provided for in a note on the face of the final plat, AND/OR in a document such as CCR's. 1.1.18 Other than the points of access approved by ACHD, direct lot access to Ustick Road and Eagle Road is prohibited. A note shall be placed on the final plat restricting access to Eagle Road and Ustick Road. 1.1.19 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. 1.1.20 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Enviroimieutal Protection Agcney. 1.1.21 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. 1.1.22 Allvs Way shall serve as frontage road with applicant committing to pay one half of construction costs. GENERAL REQUIREMENTS—PRELIMINARY PLAT 1.1.1 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to City Code. 1.1.2 All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to IIDC I I - 3A-18 and shall be fully vegetated with grass and trees. Sand, gravel or other non -vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3A- 18. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3A-18, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACHD, City of Meridian and all other regulatory requirements at the time of final construction. Gateway Marketplace Subdivision Exhibit C Page 2 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR IHE HEARING DATE OF 7i 18/2006 1.1.3 The applicant shall submit a detailed fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter pnor to issuance of a building permit. All fencing should be installed in accordance with City Code. 1.1.4 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 1.1.5 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6, unless otherwise approved by the Irrigation District(s). Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. 1.1.6 Stafrs failure to cite specific ordinance provisions or terms of the approved Preliminary Plat does not relieve the applicant of responsibility for compliance. 1.1.7 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6A. 2. Public Works Department 2.1 Sanitary sewer service to this development is being proposed via extension of mains in Ustick Road. The applicant shall install all mains necessary to provide service; 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, 2.2 Water service to this site is being proposed via extension of mains in Ustick Road. The applicant shall be respunsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 Due to the commercial uses on this project, a connection to the water main in Eagle Road shall be required to guarantee adequate fire flow. Coordinate main size and routing with the Public Works Department. 2.4 The applicant shall provide a 20 -foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easements shall not be dedicated via the plat. The description shall be consistent with the graphically depicted easements on the plat but be recorded as a separate document using the City of Meridian's standard forms. Submit an executed easement (supplied by Public Works), a legal description, which must include the area of the easement (marked EXH[BIT 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. 2.5 The applicant has indicated the pressure irrigation system in this development is to be maintained as a private system, therefore plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "final draft" being required Gateway Marketplace Subdivision Exhibit C Page 3 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 7,18/2006 prior to final plat signature on the last phase of this project. 2.6 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-6). 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 signature on the final plat by the City Engineer. 2.7 All existing structures shall be removed prior to signature on the final plat by the City Engineer. 2.8 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-14 and 94-8. Wells may be used for non- domestic purposes such as landscape irrigation. 2.9 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.10 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal shall be designed in accordaucc with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 2.11 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.12 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.13 All development improvements, including but not limited to sewer, fencing, micro -paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.14 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 2.15 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. 2.16 Applicant shall be responsible for application and compliance with and NPDES Pennitting that may be required by the Environmental Protection Agency. 2.17 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.18 Compaction test results shall be submitted to the Meridian Building Department for all building Gateway Marketplace Subdivision Exhibit C Page 4 0 i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR l Ht: HEARING DATE OF 7/18/2006 pads receiving engineered backfill, where footing would sit atop fill material. 2.19 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. 3. Meridian Fire Department 3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 '/r" outlet face the main street or parking lot aisle. b. The Fire hydrant 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 comers when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Sectiuo 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. 3.3 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.4 Provide a 20 -foot wide Fire Lane for all internal roadways all roadways shall he marked in accordance with Appendix D Section D 103.6 Signs. 3.5 Operatiortal fire hydrants, temporary or permanent street sighs and access roads with an all weather surface are required before combustible construction is brought on site. 3.6 Commercial and office occupancies will require a fire -flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.7 The 23 office/commercial lots lot will have an unknown transient population and will have an unknown impact nn Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2612 responses in the year 2004. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 3.8 Maintain a separation of 5' from the building to the dumpster enclosure. 3.9 Provide a Knox box entry system for the complex prior to occupancy. 3.10 The applicant shall work with Planning Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance at the required intersection(s). 3.11 The Fite Dept. has concerns about the ability to address the project and have the addresses visible from the street which the project is addressed off of. Please contact Vicki Heugly at 898-5500 to address this concern prior to the public hearing. Gateway Marketplace Subdivision Exhibit C Page 5 0 i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR 1HE HEARING DATE OF 7/18/2006 3.12 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 3.13 Provide exterior egress lighting as required by the International Building & Fire Codes. 3.14 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. For buildings equipped throughout with an approved automatic sprinkler system installcd in accordance with Section 903.3. 1,1 or 903.3.1.2 the distance requirement shall be 600 feet (183). i. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). ii. For buildings equipped throughout with an appruvW 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). 3.15 There shall be a fire hydrant within 100' of all Fire Department connections. 3.16 Buildings over 30' in height are required to have access roads in accordance with Appendix D Section D105. 3.17 Side yard fences shall not be allowed. 3.18 Buildings or facilities having a gross building area of more than 62,000 square feet (5760 ml) shall be provided with two separate and approved fire apparatus access roads. Exception: Projects having a gross building area of up to 124,000 square feet (11520 m2) that have a single approved fire apparatus access road when all buildings are equipped throughout with approved automatic sprinkler systems. (Remoteness Required) 4. Police Department 4.1 The police department supports the requirement for a frontage road as the length and bulk of the proposed buildings impedes serviceability to all sides of the project. 5. Parks Department 5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance 11-3B will be followed. 5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance 53 Tree Grate and Tree Box standard: The proposed tree grate shall be a 6 foot by 6 foot, cast iron, French pattern tree grate. This grate shall be placed in a 6 foot by 6 foot inside diameter tree box with a steel grate frame set in concrete. Prior to CZC approval, contact Meridian Parks and Recreation Department for specifications and tree box construction drawings. 6. Sanitary Service Company Gateway Marketplace Subdivision Exhibit C Page 6 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 7i 18/2006 6.1 Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application. 7. Ada County Highway District Site Specific Conditions of Approval(Note: revious conditiogs were dele d replaced.) 7.1. Construct a 5 -foot wide detached concrete sidewalk on Ustick Road. Provide a sidewalk easement for Sid way 7.2. Utilize a right-Ln/right-out driveway on Ustirk Road located approximately 350 -feet east of S14- 55. Construct a raised median in e center of the roadway to restrict he access. 7.3. Utilize a fiill access driveway on U tick Road located approximately 700 feet east of SH 55 7.4. Construct the westerly half of Allys Way from Ustick to a point AMMximately 1 355 fect south of Ustick, The westerly balf of the wa shall include vertical curb tt 5 -foot detached concrete sidcwalk_ and a minimum 24 -feet of pavement 7.5. Enter into a Development Agreement with the District to provide for the design and const motion of Allys Way to a full 46 -foot street section with curb gutter and sidewalk on both sides from Ustick Road south approximately L155 --feet.. The District should be responsible for the cost of curb. gutter and sidewalk on the east side of Allys Way and 18 feet of pavement to complete the toad section. The Development Agreement should be executed prior to approval, of the final plat. 7.6. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 7.1 Any existing irrigation facilities shall be relocated outside of the right-of-way. 7.2 Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of-way. 7.3 All utility relocation costs associated with improving street frontages abutting the site shall be bome by the developer. 7.4 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. 7.5 Comply with the District's Tree Planter Width Interim Policy. 7.6 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) fill details. 7.7 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. Gateway Marketplace Subdivision Exhibit C Page 7 0 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 7'1812006 7.8 The applicant shall submit revised pians for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7.9 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.10 Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 7.11 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 (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD T'raf'fic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.12 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 the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 7.13 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Gateway Marketplace Subdivision Exhibit C Page 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 CI1Y OF MERIDIAN PLANNINO DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 7%1X/2006 Exhibit D. Required Fiadings from Unified Development Code Preliminary Plat Findings (UDC 11-6B-6): In determining the acceptance of a proposed subdivision, the Commission and Council shall consider the objectives of this Title and at least the following: A. The conformance of the subdivision with the Comprehensive Development Plan; In Chapter VII of the Comprehensive Plan, `Mixed Use Regional' is defined as areas including commercial and residential development consistent with auto and service oriented uses. The Council finds that the requested General Commercial (C -G) zoning designation is in accord with the Comprehensive Plan's Future Land Use Map, which delineates the subject property as "Mixed Use - Regional". The purpose of the C -G district is "to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to mator highway or arterial streets; to fulfill the need of travel -related services as well as retail sales for the transient and permanent motoring public." The Council finds that the proposed zoning is in general conformance with the comprehensive plan (please see Section 7 of the Staff Report for detailed analysis of specific comprehensive plan action items that apply to this development). B. The availability of public services to accommodate the proposed development; The site is intended for commercial uses which, based on the Comprehensive Plan description, will have such uses as retail, wholesale, service and office uses, as well as appropriate public uses such as government offices. The applicant will be responsible for the extension of all utilities necessary to serve this proposed development. Permanent sanitary sewer service to this development is to be provided by the extension of sewer in Ustick Road and extended south through the site to be looped with extensions in Eagle Road. The applicant will be responsible for the extension of utilities to and through this proposed development. Sizing and routing shall be coordinated with the Public Works Department. Other urban services, such as water, are near to this site and the applicant should be able to extend such services to the site. The applicant and/or future property owners will be required to pay park and highway impact fees. ACRD has submitted a staff report with site specific and standard conditions which will is attached as Exhibit C. On December 28, 2005, a joint agency/department comments meeting was held with representatives of key service providers to this property. Based on the joint agency/department meeting and other comments received from agencies/departments, staff finds that except for sanitary sewer, the public services listed above can be made available to accommodate the proposed development. The Commission and Council reference any written and/or verbal testimony submitted by any public service provider, regarding their ability to adequately service this project. If approved, the developer will be financing the extension of sewer, water, local street infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve the future residents will be fire, police and school facilities and services. The Council finds there will not be excessive additional requirements at public cost and that the proposed zoning and subsequent development will not be detrimental to the community's economic welfare. C. The continuity of the proposed development with the capital improvement program; Gateway Marketplace Subdivision Exhibit F Page I • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DA] E Ot 7/18/2006 Because the developer is installing sewer, water, and utilities for the development at their cost, the subdivision will nut require the expenditure of capital improvement funds. D. The public financial capability of supporting services for the proposed development; Please see Exhibit B for comments and conditions from other agencies and departments. E. The other health, safety or environmental problems that may be brought to the Commission's attention. The Council is not aware of any health, safety or general welfare problems associated with the development of this subdivision that should be brought to the Council or Commission's attention. ACHD considers road safety issues in their analysis. The Commission and Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. F. The development preserves significant natural, scenic or historic features. The Council is not aware of any natural, scenic or historic features which require preservation. The applicant will be required to maintain, fence, and improve the waterways which are existing on this site. Gateway Marketplace Subdivision Exhibit F Page 2 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 CITY OF MERIDIAN Crldlcn J, FINDINGS OF FACT, CONCLUSIONS OF LAW AND r7 DECISION & ORDER r w In the Matter of Variance request for two accesses to SH 55/ Eagle Road, for Gateway Marketplace Subdivision by Landmark Development LLC. Case No(s). VAR -06-002 For the City Council Hearing Date of: April 18, 2006, June 6. 2006, and June 27, 2006 with undated findings for approval on July 18, 2006 City Council agenda A. Findings of Fact 1. Hearing Facts (see attached updated Staff Report for the hearing date of April 18, 2006 incorporated by reference) 2. Process Facts (see attached updated Staff Report for the hearing date of April 18, 2006 incorporated by reference) 3. Application and Property Facts (see attached updated Staff Report for the hearing date of April 18, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached updated Staff Report for the hearing date of April 18, 2006 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 August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAR -06-002- PAGE 1 of 3 0 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 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 impose expense upon the public if proposal is allowed. 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 Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, and the all in the attached findings in the updated Staff Report for the hearing date of April 18, 2006 incorporated by reference. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11 -SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Variance Request for accesses to SH 55/ Eagle Road is hereby de ied approved: and. 2. The applicant shall be allowed permanent access to SH 55/Eagle Road at two locations: 1.350 feet south of Ustick Road and approximately 850 feet south of Ustick Road D. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit 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 lwcnly-eight (28) days after the final decision wncczning the matter aL 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, 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 the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the datc of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. E. Attached: Updated Staff Report for the hearing date of April 18, 2006 CITY OF MERIDLMN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAR -06-002- PAGE 2 of 3 0 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 By action of the City Council at its regular meeting held on the day of 2006. -- COUNCIL MEMBER SHAUN WARDLE VOTED COUNCIL MEMBER JOG DORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) VOTED�►� VOTED �✓� VOTED_�/'rA— �_f VOTED Mayor T de Weerd { OF Attest: EM William G. Berg, Jr., Crty Clerk T 1 rts1•�� Copy served upon Applicant, The PlaifAtiflmet�,`` ublic Works Department and City Attorney. By a.�Su , d 0 0 Dated: -1-20-OU City Clerk CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAR -06-002- PAGF i of 3 • ! CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING UA'IE OF 4/t8ro6 STAFF REPORT City Council Hearing Date: April 18, 2006 & June 27.2006 � Updated for July 18, 2006 findings (�,� fee, 1 TO: 7+ Mayor and City Council N Y%�(djQ-%I FROM: Joe Guenther, Associate City Planner Updated by Anna Carmine Director d SUBJECT: Gateway Marketplace Subdivision Variance File Number: VAR -06-002 - Variance request to allow a right in/right out access and a right in/right out with a left in access onto Eagle Road, SH 55 for Gateway Marketplace by Landmark Development Group, LLC. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant is requesting a variance from Section 11-3H-4 of the Unified Development Code (UDC) that prohibits new vehicle approaches to state highways. The Variance application proposes a new approach to Eagle Road, SH 55, one access driveways for right in, right out with a possible left in at approximately 1,350 feet south of Ustick Road and one access driveway for right in, right out at approximately 845 feet south of Ustick Road. ITD staff indicated that the proposed access point does not meet district policies. The Idaho Transportation Department (ITD) has not approved any approach permits on this site and has made comment that this site does not qualify for access by standard district policy. The ITD access executive committee met on March 22, 2006. At the meeting ITD determined that the applicant shall comply with the considerations outlined in the approval letter dated March 24, 2006 which also state the access permit application to be contingent on obtaining a Variance to Section 11-3H of the UDC. ITD staff acknowledged that they were required by state code to issue the access pemtits to deeded access points on state highways but encouraged the City of Meridian to be the authority on land use planning. The Variance application pertains to the 22.85 acres proposed as a commercial mixed use development, the applicant has submitted a development application (PP -06-002) consecutively with the variance request which will also be heard on April 18, 2006. The City Council has final decision authority on the Variance application. The main reasons the applicant believes a variance is justified are summarized in Section 31. on page 2 of this report. The Council voted to deny the requested access on April 18 2006 Prior to adoption of the findings the atmlicant requested reconsideration of the Council's decision The Council conducted a second hearing on June 27 2006 The applicant's request at that hearing was fur right in permanently and right out temporarily at two locations: 1.350 feet south of Ustick Road and approximately 850 feet south of Ustick Road The Council voted to approve right in and right -out Inermanentivl at both locations 2. SUMMARY RECOMMENDATION Staff is recommending denial of the subject Variance application (VAR -06-002) for the reasons listed herein. We do not find that the application meets all of the findings required in the UDC in order for the City Council to grant a variance (see Exhibit C). Section 11-3H-3 of the UDC does state that the City Council may consider and apply modifications to the standards of Article H upon specific recommendation of the ITD. However, to staff's knowledge, no such specific recommendation has been Provided to date. (See the analysis, beginning with Section 9 on page 5 of this report, for more details.) 3. PROPOSED MOTIONS Gateway Marketplace Subdivision Access VAR -06-002 PAGE l 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE. OF 4/18/06 Approval After considering all staff, applicant and public testimony, I move to approve File Number VAR - 06 -002 as presented in the staff report for the hearing date of April 18, 2006, and the site plats (preliminary plat) labeled PP -1, stamped REVISED March 10, 2006 with the following modifications to the conditions of approval: (add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to deny File Number VAR -06- 002 as presented in the staff report for the hearing date of April 18, 2006, for the following reasons: (you should state specific reasons for denial of the annexation or plat and you must state specific reason(s) for denial of the conditional use permit.) Continuance After considering all staff, applicant and public testimony, I move to continue File Number VAR - 06 -002 to the hearing date of (insert continued hearing date here) for the following reasurn(s). (you should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: SE comer of Ustick Road and Eagle Road/SH55 Township 3N, Range 1 E, Section 4 b. Owner James Kissler 1125 W. Amity Boise Id 83705 c. Applicant: Landmark Development Group, LLC Tamara Thompson 1882 Toluka Way Boise ID 83702 d. Representative: Tamara Thompson, Landmark e. Present Zoning: General Retail and Commercial (C -G) (AZ -03-018) f: Present Comprehensive Plan Designation: Mixed Use -Regional — 2002 Comprehensive Future Land Use Map g. Description of Applicant's Request: I . See Exhibit A (prepared by Landmark Development Group LLC) for a copy of the detailed site plan which depicts the lot layout, building, parking and access locations. Exhibit B shows the proposed landscape plan. h. Applicant's Statement/Justification: The application notes that the mixed use regional designation provides for the overall site to be developed with a mixture of Retail/Restaurant /Drive thru and other Commercial and office uses oriented around automobile traffic. The applicant notes that the site is an ideal location for a retail complex and will provide the additional landscaping along drive aisles, the design review for structures along the gateway corridor. • There is no possibility of providing a frontage road as ITD policy claims; • ITD has already granted approach permits for the project on the north side of Ustick Road; Gateway Marketplace Subdivision Access VAR -06-002 PAOF 2 0 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 4/18,06 • We believe we are grandfathered from the UDC based on discussions and annexation occurring before its adoption. 5. PROCESS FACTS a. The subject application will in fact constitute a variance as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, Chapter 5, Article A (Table 11-5A-1), a public hearing is required before the City Council on this matter. b. Newspaper notifications published on: Council — March 27 and April 10, 2006 C. Radius notices mailed to properties within 300 feet on: Council — March 24, 2006 d. Applicant posted notice on site by: April 7, 2006 C. City Council conducted he initial hearing for this item on April 18 2006 and approved the project. Before the findings were adopted the applicant requested reconsideration The reconsideration hearing was initially scheduled for June 6 2006 and continued to June 27. 2006, f Newspaper notifications for Cogucil recomideration hearing published on: May 15 2006 and May 29, 2006. g. Radius notices for Council reconsideration hearing mailed to properties within 300 feet on: May 11, 2006 h. Applicant posted notice on site for Council reconsideration hearing by May 27 2006 6. LAND USE a. Existing Land Use(s): Bare land, single family residence b. Description of Character of Surrounding Area: Large lot residential, highway -oriented services, rapidly urbanizing. c. Adjacent Land Use and Zoning 1. North: Future pad sites within Schmitchger Subdivision, Lowe's site zoned C -G. 2. West: Sadie Creek Promenade Subdivision, Bienville Subdivision proposals, zoned C -G, RI, and RUT 3. South: undeveloped parcels zoned C -G with Redfeather Annexation. 4. East: Una Mas conceptual project and ACHD future right of way, zoned RUT - proposed zone C -G d. History of Previous Actions: In April 2004, the owners and City entered into a Development Agreement for various High Density Commercial, Multi -family Residential, transitional, and office uses under File AZ -03-01 S. Some property was annexed and zoned to General Retail and Commercial (C -G) with a Development Agreement while other portions of the property (on the west side of Eagle Road) were not included in the annexation leaving out parcels which were addressed with the original conceptual plan. e. Existing Constraints and Opportunities 1. Public Works Location of sewer: Extension of mains in Ustick Road Gateway Marketplace Subdivision Access VAR -06-002 PAGE 3 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 4i W06 Location of water: Extension of mains in Ustick Road Issues or concerns: None 2. Vegetation: Agricultural/Irrigated 3. Floodplain: N/A 4. Canals/Ditches Irrigation: The Finch Lateral courses the southern part of property and the Milk Lateral courses the northern part of the property 5. Hazards: None identified 6. Size of Property: 22.85 acres 7. Description of Use: Retail, Office, Commercial, and Restaurant uses and associated parking and landscape improvements along Eagle Road. f. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): ■ The applicant is proposing two new access points to Eagle Road/SH55 to serve the Gateway Marketplace project at approximately 850 feet and 1,350 feet south of the Ustick/Eagle Intersection. 6. AGENCY COMMENTS All agencies provided comments for the plat application being heard simultaneously with the variance request. Please see the public record for the Plat file for any written comments that may have been submitted by other agencies. 7. COMPREHENSIVE PLAN POLICIES AND GOALS The subject site is designated `Mixed Use -Regional' on the Future Land Use Map. In Chapter VII of the Comprehensive Plan, this designation is defined in part as an area that is situated in highly visible or transitioning parts of the City where innovative and flexible design opportunities are encouraged. The MU -R has no upper limit on the square footage of non-residential uses and is intended to allow a broad range of uses. Staff finds the following 2002 Comprehensive Plan text policies to be applicable to this application: a Chapter VII, Goal TV, Objective D, Action 2: Restrict curb cuts and access points on collectors and arterial streets. The ACRD evaluates access points in their analysis: no direct lot access is allowed to any of the arterial/collector roadways. The proposed access points to the arterial streets generally comply with ACHD's standards. Please see the ACHD staffreport and Exhibit B for the conditions from ACHO. The Idaho Transportation Department (11D) has a policy for access to a Tape IV Principal Arterial will beat intersections only, and spaced at one-half mile intervals in urban areas. ITT) allows approaches (other than intersections) in special cases and on it temporary basis. The Eagle Road access shall be eliminated from the plat design if the Meridian City Council does not grant a variance and/or iflTD does not approve an approach for this site. Chapter VII, Goal IV, Objective D, Action 5: Require appropriate landscape and buffers along transportation corridor (setback vegetation, low walls, berms, etc.). The applicant is proposing to construct appropriate buffers along all of the adjacent arterial streets with the exception of the curb cut shown on the site plan. By ordinance, a minimum 25 - foot wide landscape buffer is required adjacent to residential uses and 35 -foot wide landscape buffer to Gateway Corridors. The landscape plan shows the appropriate landscape buffers. Gateway Marketplace Subdivision Access VAR -06-002 PAGE 4 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPUR'I' FOR HEARING UA I't OF 4/16/06 ■ "The capacity of arterial ... roadways can be greatly diminished by excessive driveway connections to the roadways. The City should cooperate with ACHD to minimize access points on arterial ... roadways as development applications are reviewed." (Chapter VI, page 72) ■ "Develop methods, such as cross -access agreements, frontage roads, to reduce the number of existing access points on to arterial streets." (Chapter VI, Goal II, Obj. A, 412, page 79). • "Restrict curb cuts and access points on ...arterial streets." (Chapter VII. Goal IV, Obj. D, #5, page 107) • "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." (Chapter VII, Goal IV, Objective D, Action item 4) "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III, Objective D, Action item 5) g. UNIFIED DEVELOPMENT CODE The following UDC sections are pertinent to this application: a. Development along Federal and State Ilighways: Unified Development Code (UDC) 11- 3H-1, Purpose. One Of 111C 1hrCC PUIPUSC SlatCnlentS is to "limit access points to state highways in order to maintain traffic flow and provide better circulation and safety within the community and for the traveling public." b. UDC 11 -3H -4.B, Standards: Access to State Highway - "Use of existing approaches shall be allowed to continue provided that the following conditions are met: 1. The existing use is lawful and properly permitted effective September 15, 2005. 2. The nature of the use does not change (for example a residential use to a cornnicreial use). 3. The intensity of the use does not increase (for example an increase in the number of residential dwelling units or an increase in the square footage of commercial space). c. UDC 11-311A.B.2, Standards —1f an applicant proposes a change or increase in intensity of use, the owner shall develop or otherwise access to a street other than the state highway. The use of the existing approach shall cease and the approach shall be abandoned and removed. 1. No new approaches directly accessing a state highway shall be allowed. 2. Public street connections to the state highway shall only be allowed at: a. the section line toad; and b. the half -toile mark between section line roads, These lialf--mile connecting streets shall be collector mads." d. UDC 11 -3H -4.B.3, Standards —"The applicant shall construct a street, generally paralleling the state highway, be designed to accommodate future connectivity and access to all properties fronting the state highway that lie between the applicant's property and the nearest section line road and/or half mile collector road." 9. ANALYSIS 9a. Analysis of Facts Leading to Staff Recommendation for Denial Listed below are various documents in the public record pertaining to this application The relevant points within each document and an analysis of those points follows (staff's analvsis in italics). For additional analysis, see the Variance Findings in Exhibit C. Gateway Marketplace Subdivision Access VAR -06-002 PAGE 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 4118106 • Annexation In September 2003, Planning Staff member Brad Hawkins -Clark included the following constraints on the development agreement in the staff report for the Kissler Annexation: "Eagle Road is the major north -south arterial in Ada County. The capacity of this arterial should be protected by minimizing the number and location of private driveway access connections to this important roadway. The City should recognize, adopt and help implement the Eagle Road Access Control Study, prepared by ACHD in 1997." (Chapter VI, Subsection 2, pg. 71) No access points are proposed or addressed as part of this application. The Planning & Zoning Department has had recent discussions with 1TD District 3 (Sue Sullivan) regarding controlled and restricted access points adjacent to SH2O-26, SH 55 and SH 69 in Meridian's Area oflmpact.. We are recommending ITD coordinate with the Cite of Meridian to require backage roads be constructed on all parcels with state highway frontage, tivherever the parcel sizes and configurations allow. Therefore, in light of this recent policy discussion, stuff is recommending the Commission and Council require backage roads (either public or private) be incorporated into future development as a condition of the DA. (See Site Specific Condition 43 below.) Site Specific Condition #3 reads: The DA shall require that all future uses within the boundaries of this annexation only be approved with either a public or private backage street parallel with Eagle Road/SH 55 be incorporated into the design of future site plans. Testimony was taken at the public hearing on the Kissler Annexation February 24, 2004. Council Memher Bird made the motion with a contingency on the extent of the approval that stated: "We are basically just annexing the property, we are not giving any go ahead on anything or any designs, so with that said I would move that we approve AZ 03-018, the annexation and zoning of Ki sler, Cobb, and Ruwe parcels and to take condition number three as per applicant's statement." • Development A eement The following findings were made and written into the development agreement for AZ -03-018. Adopt the Recommendations of the State of Idaho Transportation Department as follows: 1. SW55 has been designated a Principal Arterial. IDT would like to preserve this corridor by recognizing the following conditions: a. Future right of way widths will be: A. 120 feet each side of centerline (240 feet total) for building setbacks and to include a frontage road, or B: 70 feet each side of centerline (140 feet total) if the developer provides an internal frontage road tlpe system to feeder roads. 2. Access to a Principal Arterial Type 1 V rill be intersections only, and spaced at one mile intervals in rural areas and one-half mile internals in urban areas. Approaches (other than intersections) maybe permitted in special cases and on a temporary basis as,follows. (1) Allowed until state highway system is improved by a construction project at which Gateway Marketplace Subdivision Access VAR -06-002 PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 4/18/06 time an access will be provided to the property, which may not directiv access the state highway system, but may be via a frontage or backage road. (1) Shall be recorded at the County Recorders Office. (3) Temporary access restrictions will be noted on the permit. 10. It is found that any future uses will impact the level and flow of iraff c on the surrounding streets. Specific traffic counts will be determined at the time of development application. In accordance with Comp Plan policy #12 (pg. 79) and policy #2 (pg. 107), it is firund that the number of vehicular access points to Ustick and Eagle Roads should be restricted and comply with ACIID policies in order to preserve the capacity and movement on these roadways at build- out. • Traffic Accident Data The following is the 2004 accident data from the Meridian Police Department for the Eagle Road corridor. Of the top 10 intersections in Meridian for total number of accidents, six of those intersections were along Eagle Road/SH55 (Overland, Magic View, St. Luke's, Franklin, Lanark and Fairview). 2004 TOP 10 MERIDIAN ACCIDFNT I nCATInKIR INTERSECTION TOTAL p ACCIDENTS EAGLE/FAIRVIEW 82 FAIRVIEWILOCUST GROVE 46 MERIDIAN/OVERLAND 40 EAGLE/FRANKLIN 41 FAIRVIEWIRECORDS 39 EAGLE/MAGIC VIEW 30 EAGLE/LANARK 28 EAGLE/ST LUKES LN 26 MAIN/FRANKLIN 23 EAGLE/OVERLAND 20 In 2004, 228 of 1,357 total accidents in the City (16.7%) occurred on Eagle Road. There is a direct correlation between the number of access puints/intersections along a roadway and the potential for accidents. The higher the accessibility, the lower the mobility. While staff is not arguing that every new driveway or public street access to Eagle Road will cause or be directly responsible for accidents, we do believe restricting the number of new accesses helps to ensure a safer roadway. • Eagle Road Arterial Study — Final Rout (April 2004) This study (not to be confused with the 1997 Eagle Road study referenced in Chapter VI of the Comprehensive Plan) was endorsed by the City Council in a January 2005 letter to Eric Shannon,1TD District Engineer, and was also endorsed by the ACHD Conunission. The study includes the following recommendations: Gateway Marketplace Subdivision Access VAR -06-002 PAGr 7 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 4/18/06 - Para. 3.2.5, pg. 4: "ITD and ACHD should work together with the municipalities to identify the specific public streets and private approaches on Eagle Road to be closed, over time, via access consolidation, provision of secondary access, etc..." ACED has provided two access points to the site which lie along Ustick Road. The availability of Cross Access to collector and arterial road systems would preclude any access to Eagle Road which nvuld consolidate the accesses to the new public street (Allys Way) or the approved approaches to Ustick Road. These approaches all lie within 1,350 feet of Ustick Road or 500feet to thefuture collector roadway which would bean acceptable length of which commercial users would expect public road access. - Para. 3.2.6, pg. 4: "The existing circulation network within and between existing developed parcels should be reconfigured to reduce the number of access points to Eaglc Road and to allow more local trips to be madc without the necd to travcl on Eagle Road. This concept should be incorporated into municipal planning and zoning policies..." Meridian's adoption of the UDC, Article H, demonstrates the City's commitment to reducing the number of trips and putentiul accidents un Eugle Ruud. ■ Access Analysis ITD must issue a right-in/right-out permit and a full access permit for this site, and the access is further contingent on the Meridian City Council granting a variance to UDC 11-3H. At this time the policy in place would be for frontage roads to serve this site and provide connection to the 'h mile and the collector road systems. ITD has submitted a letter indicating that they will not make a final decision on approving access to Eagle Road until such a time as the Meridian City Council has formally acted on the Variance request. City staff does not support any access to Eagle Road in this location. On March 22, 2006, ITD conditionally issued the two access points to Eagle Road at the locations defined by the applicant. Please see the letter in the file dated March 24, 2006. In addition, the applicant is proposing two new access points to Ustick Road at the following locations: ■ Driveway 41 — 350 feet east of Eagle (right-in/right-nut with center median) Driveway #2- 700 feet east of Eagle (full access) Ustick Road, from Leslie Drive to Allys Way (on the east side of Eagle Road), including the Eagle Road intersection, has just been widened and improved to five lanes. The intersection was widened to include dual left tum lanes. In addition, the recorded DA between the applicant and the City requires either a public or private street be constructed parallel to Eagle Road/SH55. ACHD has stated that the applicant shall provide cross access south and east to connect to the future collector roadway east of the site and the connection to the signalized access proposed south of the site at River Valley Drive. ACRD staff will be in attendance for the April 18, 2006 heating and have stated their opposition to access on Eagle Road as it diminishes the classification and function of the future North/South collector roadway (Allys Way), if excessive points of access are allowed to Eagle Road ACHD may change the road project to a lesser classification or not construct Gateway Marketplace Subdivision Access VAR -06-002 PAGF 8 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE Of 4/18.06 the project at all. This project along with the Una Mas Project east of the site will connect with Ally Street, a proposed public street serving as a collector roadway to the entire area. The design received March 10, 2006 lines up at three points to the east as requested. The area plan (Una Mas Annexation) shows private, internal driveways connecting to the future public street; such driveways run mostly east/west connecting the Kissier site to Ally Street and ultimately Ustick Road. Staff has required both the ACHD and Una Mas annexations to enter into a Development Agreement with the City of Meridian to snake the connection to Allys Way. ACHD would also like for Council to consider asking the developer to modify the DA to include applicant participation in constructing the collector roadway. ACHD Staff notes that the DA requires the applicant to construct a frontage/backage road, similar to what is being done by the Winston Moore project on the NW comer of Ustick and Eagle. ACHD has acquired property to facilitate the appropriate location and alignment of such frontage/backage road, but they do not have funds committed for construction. It may be appropriate to tie development of the subject property to construction of the collector roadway. For a detailed report on both ITD's and ACHD's actions and comments, please see the letters/reports submitted with the application. ITD and ACHD will have staff available for comment and questions at the public hearing. ■ Applicant Arguments to Grant Variance The applicant's arguments to grant the variance were sututnarized in Section 3.11 of this report (page 2). Please see the application for more details. Staff does not believe the applicant's arguments meet the "findings test" for granting a variance. The fact that the applicant had not begun the process of securing access to Eagle Road at this location before adoption of the UDC is not the right question. The question required by the UDC (11-3I1-4.B.a) is, "Was there a lawful and properly permitted existing use effective September 15, 2005?" The answer is "no," because the site was annexed, but did not have any specific uses approved nor any use permits granted for the property. All properties being annexed into the City of Meridian require future uses to be upgraded to meet the City of Meridian Standards and required all future uses to comply with Comprehensive Plan policies and ordinance standards. ITD had not approved access permits to this site prior to September 15, 2005. The fact that ITD has already granted approach permits in the area is also not the issue at hand for the City Council. The City Council is charged with enforcing the terms of the City's ordinances — in this case Article H of the UDC and determining the variance based on the City's own findings. The applicant claims that due to physical constraints on the site that they will not be able to create a frontage road. Staff responded citing ITD's policy that states a frontage "type" of connection may be utilized, which does not have to be with a public road comtection. ACHD has approved two access points to Ustick Road, which will be upgraded at the controlled intersection east of the site. ACHD has also provided a public road connection (future Allys Way collector) which will provide the frontage road requirements for the subject site. Planning Staff required multiple cross access points to the north which were to be designed as commercial collectors with appropriate widths and limited connections for all sites SE of the Ustick Eagle Intersection (Una Mas and ACHD's Annexation) Staff conditioned these road connections to serve as the frontage type roadways with litnited access Gateway Marketplace Subdivision Access VAR -06-002 PAGE 9 0 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HbARINU DA l r OF 4/18106 (no parking) as required by ACHD for traffic circulation and no further connections to Allys Way. Access to Eagle Road would not be necessary if properly designed and managed. These public access points are less than 1,350 feet from any point on the site and when properly designed, staff feels that the size of the site does not constitute reason for a variance as it is common to drive less than 1/4 of a mile when accessing a public road system, especially for commercial uses along a major roadway (Ustick Road). Furthermore, the UDC includes a statement that an access "may" be granted, if approved by PTD. However, the UDC explicitly states there must be an "existing use that is lawful and properly permitted" prior to September 15, 2005. No such use has yet been approved and all uses existing on site are to increase the intensity of the use and change the nature of the area which are proliibited by City Ordinance. 9b. Staff Recommendation: Based on the Comprehensive Plan and UDC policies listed under Section 8 of this report as well as the analysis of findings shown in Exhibit C, staff finds there is a lack of evidence and grounds to grant new vehicular access points to Eagle Road/SH55. Platwiug Staff find: • The request does not meet the standards for access approval as required by UDC 11-3H. • The letters received from ITU during the 2003-2004 annexation process make no guarantees that permanent access points would be approved • PTD specifically stated their opposition to access at this site in 2003 and the City of Meridian incorporated their recommendation as a consideration for annexation. • City of Meridian Council Members are on public hearing record in 2004 opposing access points to Eagle Road for the eastern side of the development and required a frontage road access only. • These access points are not shown in the Eagle Road Corridor Study. • No reference to prior access approvals from the City of Meridian was found in any documentation • Staff has made findings for the Gateway Marketplace preliminary plat for Allys Way to be the required frontage road with the project development. Again, the Council may want to consider tying development of the subject property to the construction of the Allys Way collector road. The finding for frontage road will satisfy the ITD policies for interconnectivity and provide adequate access for commercial development as well as meet the intent of the Development Agreement. Staff is also concerned that if access to Eagle Road is granted that ACHD will not construct Allys Way to the level of service being considered which would mean a frontage road would not be provided for the site and this finding would not be made. Finally, we do not believe the applicant's arguments meet the "findings test" for granting a variance. Therefore, staff recommends denial of the subject application. We have prepared findings consistent with this recommendation in Exhibit C. Gateway Marketplace Subdivision Access VAR -06-002 PAGE 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT' STAFF REPORT FOR HEARING DATE OF 4/18/06 10. EXHIBITS A. Project Plan (by The Land Group, Stamped March 10, 2006) B. Legal Description C. Required Findings from UVC (Variance) Gatcway Marketplace Subdivision Access VAR -06-002 PAGE I I 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 4/18/06 Exhibit A: Overall Concept Plan (Red Cliff Development Company) Meridian Gateway Vaziance Application Exhibit A Pagc I CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 4i18,106 tt I �rr refill I 4 ■��tt(Yr ! iiaia iiii� E •� a � 6a Meridian Gateway Variance Application Exhibit A Page 2 rl a GATEWAY MARKETPLACE SUBDIVOON Preliminary Plat Meridien, Iddw I� n CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEAKINU DA t C OF 4/18/06 Exhibit B: Legal Description doiborn . waite cunsufting,..1lr onglneers B: surveyors 120 N. Curtis Rd Boisc, Idaho 53706 (208) 376.8555 Fax (208) 429-9862 P.N. 2279 October 20, 2005 PARCEL"A" USTICK PROPERTY REMAINDER PARCEL DESCRIPTION A parcel of land lying in the NorMweat 1/4 of Section 4, T.W. R.IE., B.M., Ada County, Idaho, and being more particularly described as follows: Commencing at the Northwest corner of said Section 4, thence S 84 49'08" E along the North boundary of said Section 4 and the centerline of Uetiek Road for a distance of 97.62' fea; thence laving said North boundary and centaline S 01'50'52" W for a distance of 77.96 feet to a point on the South tight -of -way line of U1160k Road, being the MAL POINT OF HBGU4MG; thence tdoag said South rightof--way line for the fbIlowing 13 courses: N 44 02'14" E for a distance of 47.06 fest; thane S 89 49'08" E for a dWance of 262,81 Post; thence S 42 51'21" E for a distance of 41.1816x; thtnoe N 87 17' 10" E for a dlAm m of 29.03 fax; Owes N 42 43'35" E for s distance of 40.57 foo; thence N 89' 13'34" E for a distance of 179.28 feet (formerly describe( m 179.20 feet), :I _:a: _ G:; :'.. ". L iLr . ustW, . u. tett. thence S 84 49'08" E for a distance of 10 00 feet, Oi_occ ": 1.:,. . -;:. ,r,,t is.1. tem. C:rPnjeaalUNIckLLA (2279)lpa0ar WWritey A.d1 I - Meridian Gateway Variance Application Exhibit B Page 1 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE- OF 4/18/06 cioiborn & Ujoite consulting, Ilc engineers & surveyors 120 N. Curtis Rd. Boise, Idaho 83706 (208) 376-8555 Fax (208) 429-9962 P.N. 2279 October 20, 2005 PARCEL "B" USTICK PROPERTY 5.51 ACRE SPLIT A parcel of land lying in the Northwest 1/4 of Section 4, UN., RAE., H.M., Ada County, Idaho, and being more particularly described as follows: Commencing at the Northwest earner of acid Sacnon 4, thence S 89 49'08" E along the North boundary of said Section 4 and the centerline of Ustick Road for a distance of 97.62' feet; thence leaving acid North boundary and centerline S 01'50'52" W for a distance of 77.96 fees to a point on the East 68111 -of -way line of Eagle Roedt thence along said East right-of-way line S of 50'52" W for a distance of 1038.43 feat to the REAL ]POINT OF BEGINNING, them continuing along said Eeet right-of-way line S 0)' 50'52" W for a distance of 154.90 feet; thence S 09 36'13" W along said East right-of-way line for a distance of 114.17 feet; thence leaving said bast righ4of--way line S 89 51'00" E for a distance of 700.02 fes; thence N 00' 36113" E for a distance of 93.77 feet to the South boundary of Government Lot 4 of acid Section 4, thence S 89 51'00" E along said South boundary for a distance of 61 35 feet, thn"rr lae,•i":, "' `-W!, t..t:.r,:t..r. w! nn Ir"nn- r- i . , u thence N 89' 51'00" W for a distance of 363.00 feet; I�.....i..: ' 'r' � (I()' \\' :..IL.Ibr.i 11,L. U ler1 (':TrojeasW61ickLLA (2279)1DocvmentsTarod B.doc- 1 - Meridian Gateway Variance Application Exhibit B Page 2 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT S I AFF REPORT FOR HEARING DATE OF 4/18/06 thence N 89t 5 POO" W for a distance of 171.00 feet; thence S 00 09'00" W for a distance of 34.50 feet; thence N 89 51'00" W for a distance of 218.67 feet to the REAL POINT OF BEGINNING; containing 5.51 acres of land, more or less. Prepared by: Todd R Waite P.L.S. C:1Proje0slUslickLLA (2279)\Documen1sTaroe1A.doc- 2 - 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DA l E UP 4/i8/06 Exhibit C: Required Findings from UDC (Variance) The City Council shall apply the standards listed in Idaho Code 67-6516 and all the findings listed in Section 11-5114E of the UDC to review the variance request. In order to grant a variance, the Council shall make the following findings: A. The variance shall not grant a right or special privilege that is not otherwise allowed in the district: As On OW46W1414OW! 915, to 41is site. 3400 11 9113 ef Ilia WDG 61689 91810 that OW Gity GOktaGii May eansider. a"d apply e Council finds that this variance will _n2 Brant a spjecial right or orivileae. Because so much of Eagle Road has developed with many access points the adooted Code has the cf ecf t of penalizing progenies that are now trying to develop along the corridor. The Council supports considering each proposal for access to Eagle Road on a case-by-case basis to evaluate this finding. B. The variance relieves an undue hardship because of characteristics of the site; Meridian Gateway Variance Application Exhibit C Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 4/18/06 Aseess to the site in the Mare will be readily VallovP;v .Which -ill be a signaliged A fundamental physical feature of Commercial available feF aewhheijad4rftok-al-� 13ft- Fl '11 i. development is access to the property. The project does have frontage on Ustick Road, but traffic volumes on Ustick may only allow right -in turns. Until the Una Mas Rrogggy and Allys Way are developed this leaves limited access to the property. rhe Council finds that approved right -in, right -out access points will limit the safety eonccros and traffic impacts while providing access to the site and relieve an undue hardship. C. The variance shall not be detrimental to the public health, safety, and welfare. ("sdRail-fiwFIF th—At gFeWina ike Fight iffight with left . 1 e �e--BU4 aY � W sro naS'c .et.:..l..- .1.., .:11 need . --... ..lea L.l...und C4:..., .1 b ge "t•eirG•yesmovamo'it<vmv-vnQ-o•Teroaomg-nve+ speedsslows waffie whom the oyw.. POF h@UF Will We-VID] S30-624 f6@1 W.Ah 68G8PA, 06 lite eke iq BrAy 1,359 �� jeflg, it Wool A full access intersection creates 32 potential conflict points. A right -in. right -out only with centgr mems limits the nntential conflict points to four. The applicant proposes to mitigate these four conflict points by providing adequate acceleration and deceleration lanes. The Council &41 that agproved right -in, right -out access points will limit the safety concerns on the site and will not be detrimental to the Dublic health. safety. and welfare of the co Meridian Gateway Variance Application Exhibit C Page 2 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 Exhibit B: Required Findings from the Unified Development Code (Variance) The City Council shall apply the standards listed in Idaho Code 67-6516 and all the findings listed in Section 11 -5B -4E of the UDC to review the variance request. In order to grant a variance, the Council shall make the following findings. a. The variance shall not grant a right or special privilege that is not otherwise allowed in the district: The Applicant is requesting to provide a 20 -foot wide landscape buffer on this site, where 35 -feet is required. In addition to the 20 feet of the Applicant's property proposed for landscaping, up to 26 feet of ITD right-of-way will also be landscaped by the Applicant. Staff is generally supportive of this request. If the Applicant provides, at minimum, a 20 -foot wide landscape buffer on their property and landscapes the "surplus" right-of-way, the Council finds that a special privilege will not be granted to the Applicant. NOTE: The UDC (11 -3H -4C3) requires a 10 -foot wide multi -use pathway along Eagle Road. The Applicant's plan depicts a 5 -foot pathway within the 20 -foot wide landscape buffer. However, the Applicant must construct a 10 -foot pathway on-site. This will reduce the landscaped (green) area on their property to 10 feet. b. The variance relieves an undue hardship because of characteristics of the site; When ITD purchased the right-of-way from the subject Applicant, Staff believes that ITD envisioned Eagle Road being wider than five lanes, as currently planned for this area with the Eagle Road Corridor Plan. To ensure that the subject property owner is not burdened with maintaining and enhancing the surplus right-of-way adjacent to this site after ITD completes the improvements on Eagle Road, Staff recommends approval of the subject variance. c. The variance shall not be detrimental to the public health, safety, and welfare. The Council finds that allowing the landscape street buffer variance on Eagle Road will not be detrimental to the public health, safety, and/or welfare. July 13, 2007 VAR 07-011 MERIDIAN CITY COUNCIL MEETING July 17, 2007 APPLICANT Landmark Development Group ITEM NO. 5-E REQUEST Findings for Approval -- Request for a Variance to UDC 11 -3B -7C2 to count existing right of way for Eagle Rd. towards the landscape street buffer width in the C -G zone for Sadie Creek Promenad Eagle Rd. Landscaping AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See aftached Findings CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: ��11 Contacte Date: 7 /3 47 Phone:��0'f �Ip Emailed: y►1 ( v �-t✓ U aff Initials: Co Materials presented at public meetings s all become property of the City of Meridian. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER PJ VFV OF IDAHO y/ In the Matter of Variance to UDC 11 -3B -7C2 to count 15+ feet of existing right-of-way for Eagle Road towards the landscape street buffer along an Entryway Corridor for Sadie Creek Promenade Subdivision, by Landmark Development Group Case No(s). VAR -07-011 For the City Council Hearing Date of: July 3, 2007 (Findings on the July 17, 2007, Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of July 3, 2007, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of July 3, 2007, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 3, 2007, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of July 3, 2007, 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 August 6, 2002, Resolution No. 02-3 82 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAR -07-011 PAGE I of 3 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 impose expense upon the public if proposal is allowed. 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 Planning Department, the Public Works Department, and any affected party requesting notice. 7. That this approval is subject to the provisions listed in Section 9 and the findings listed in the Staff Report for the hearing date of July 3, 2007, incorporated by reference. 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 Variance request to construct a 20 -foot wide landscape buffer along the Eagle Road frontage of their property, in addition to 15+ feet of landscaping with ITD's Eagle Road right-of-way, is hereby approved; and, 2. The Applicant shall be required to comply with the provisions listed in Section 9 of the Staff Report for the hearing date of July 3, 2007. D. Attached: Staff Report for the hearing date of July 3, 2007. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAR -07-011 PAGE 2 of 3 • E By action of the City Council at its regular meeting held on the ✓day of 2007. COUNCIL MEMBER DAVID ZAREMBA VOTED_6kl — COUNCIL MEMBER JOE BORTON VOTED_ COUNCIL MEMBER CHARLIE ROUNTREE VOTED COUNCIL MEMBER KEITH BIRD VOTED_�y TIE BREAKER MAYOR TAMMY de WEERD VOTED �G�Y'Lfj'u \\\\� YAMY de WEERD OF w - ATTEST: opt �F o' BE AL = WILLIAM G. BERG, JR., Y LARK Copy served upon. f Applicant''�, ` � ' g*��`\\\ Planning Department Public Works Department City Attorney By Dated: --j- 101 -01 City Clerk's Of&e CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAR -07-011 PAGE 3 of 3 • E CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 STAFF REPORT Hearing Date: 7/3/2007 Continued From: 6/19/2007 TO: Mayor & City Council FROM: Amanda Hess, Associate City Planner (208)884-5533 SUBJECT: Sadie Creek Promenade Landscaping • File No. VAR -07-011 eq t ITV'tlF C 14 �41 Wridi,,i -n w 1� 4 IDAHO Variance request to UDC Table 11-213-3 and UDC 11-313-7C2 to use a portion of ITD right-of-way towards the 35 -foot wide landscape buffer requirement adjacent to Eagle Road, an entryway corridor, by Landmark Development Group 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, Landmark Development Group, is requesting a variance from UDC Table 11-213-3 and UDC 11 -3B -7C2 which requires: 1) 35 -foot wide landscape buffers along entryway corridors; and, 2) the entire landscape buffer along streets to be on a common lot or within a permanent easement. If approved, the variance would allow the Applicant to count some of the adjacent ITD right-of-way towards the landscape street buffer width. The Applicant is proposing to reduce the area of the landscape buffer on their property to 20 feet and use approximately 15 feet of ITD right-of-way towards the remainder width (see Exhibit A for proposal). The Applicant's justification for the requested variance is listed in Section 4.h of this Staff Report. 2. SUMMARY RECOMMENDATION The City Council has final decision authority on Variance applications. Staff is recommending approval of the subject Variance application (VAR -07-011) for the reasons listed herein. Staff finds that the application meets all of the findings required in the UDC in order for the City Council to grant a variance. (See Analysis, Section 8, of this report, for more details.) a. i. In favor: Tamara Thompson (Applicant's Representative) ii. In opposition: None iii. Commenting: None iv. Written testimony None V. Staff presenting application: Anna Canning vi. Other Staff commenting on application: None b. Key Issues of Discussion by o unci i. The fact that while not anvtime soon ITD will eventually widen Eagle Road anriµthe City will be left with only a 20 -foot land caping buffer along saidroad at this location. Is this in the best interest of the City? c. Key Council Changes to Staff Recommendation i. None 3. PROPOSED MOTION (to be considered after the public hearing) Sadie Creek Promenade — VAR -07-011 Page 1 0 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 Approval After considering all Staff, Applicant, and public testimony, I move to approve File Number VAR -07-011, as presented in Staff Report for the hearing date of July 3, 2007, and direct Planning Staff to prepare findings for approval based on tonight's hearing, with the following changes: (insert any changes here) Denial After considering all Staff, Applicant, and public testimony, I move to deny File Number VAR - 07 -011, as presented in Staff Report for the hearing date of July 3, 2007, and direct Legal Staff to prepare the appropriate findings document for denial. (You should state why you are denying the request.) Continuance I move to continue File Number VAR -07-011, to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: Southwest corner of Ustick Road and Eagle Road 3055 / 3085 N. Eagle Road Township 3N, Range 1 E, Section 5 b. Owner: Sadie Creek Commons, LLC 5275 S. Durango Drive Las Vegas, NV 89113 c. Applicant: Landmark Development Group 2462 Sunshine Drive Boise, ID 83712 d. Representative: Tamara Thompson, Landmark Development Group e. Present Zoning: C -G (General Retail and Service Commercial) f. Present Comprehensive Plan Designation: Mixed Use — Regional g. Description of Applicant's Request: The Applicant is requesting a variance from UDC Table 11-2B-3 and UDC 11 -3B -7C2 which requires: 1) 35 -foot wide landscape buffers along entryway corridors; and 2) for the entire buffer to be on a common lot or within a permanent easement. If approved, the variance would allow the Applicant to count some of the adjacent ITD right-of-way towards the landscape street buffer width. The Applicant is proposing to reduce the area of the landscape buffer on their property to 20 feet; the remaining 15+ feet to be landscaped within the right- of-way. h. Applicant's Statement/Justification: In laying out the details of the off-site widening on Eagle Road, it has been determined that the Idaho Transportation Department (ITD) has up to 26 feet of surplus right-of-way. ITD states that their long-term plans do not call for utilizing the surplus right-of-way (ROW). We request a variance to landscape the surplus ROW, to decrease the on-site landscape setback Sadie Creek Promenade — VAR -07-011 Page 2 0 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 from 35 feet to 20 feet, to clean up the gravel and weeks within the ITD ROW and enhance the entrance to the shopping center. This same variance request was approved for the Centre Pointe Subdivision in 2006. (Please see the Applicant's submittal letter for more information.) 5. PROCESS FACTS a. The subject application will, in fact, constitute a variance as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, Chapter 5, Article A (Table 11-5A-1), a public hearing is required before the City Council on this matter. b. Newspaper notifications published on: May 28, 2007; June 11, 2007 c. Radius notices mailed to properties within 300 feet on: May 25, 2007 d. Applicant posted notice on site by: June 9, 2007 6. LAND USE a. Existing Land Use(s): Unimproved b. Description of Character of Surrounding Area: There are Kohl's Department Store, Lowe's Home Improvement Store, several single-family homes, planned retail stores, and other planned commercial and office uses in the area. c. Adjacent Land Use and Zoning: 1. North: Commercial (CentrePointe Subdivision), zoned C -G 2. West: Residential (Carol's Subdivisions No. 2), zoned R1 (Ada County) and R-2 (City of Meridian) 3. South: Mixed Use (Bienville Square Subdivision), zoned C -G, R-15, R-8 4. East: Commercial, zoned C -G d. History of Previous Actions: On February 21, 2006, Sadie Creek Promenade was granted Preliminary Plat (PP -05-053) approval for 24 lots on 15.33 acres and Conditional Use (CUP -05-049) approval for 150,000 square feet of retail, restaurant, and office uses within the General Retail and Service Commercial (C -G) District. Also that evening, Council denied Sadie Creek Promenade a variance to allow a right -in / right -out access approach on Eagle Road. On August 22, 2006, the Council heard and subsequently denied a variance request to allow a right -in only access approach on Eagle Road for Sadie Creek Promenade. A final plat application has not been submitted to the Planning & Zoning Department to -date. Additionally, a Development Agreement has not been entered into between the applicant and the City at this time. CentrePointe Subdivision No. I and CentrePointe North were granted approval, in June of 2006 and March of 2007, respectively, for counting adjacent ITD right-of-way for Eagle Road towards the landscape street buffer width. The landscaping buffer was approved at 20 feet, with 15 feet constructed within said right-of-way. The subject variance application proposes to reduce width of the landscaping buffer along Eagle Road for Sadie Creek Promenade to 20 feet in a similar manner to that of the CentrePointe development. e. Existing Constraints and Opportunities Sadie Creek Promenade — VAR -07-011 Page 3 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 1. Public Works Location of sewer: Extension of mains in Ustick Road Location of water: Extension of mains in Ustick Road Issues or concerns: None 2. Vegetation: Primarily vacant land. A few trees which must be retained or mitigated for. 3. Floodplain: N/A 4. Canals / Ditches / Irrigation: There is an irrigation / drainage ditch that runs along the south boundary of the subdivision. 5. Hazards: N/A 6. Size of Property: —15 acres f. Landscaping: Per the Future Land Use Map, both Ustick Road and Eagle Road are designated as "Entryway Corridors" adjacent to this site. As such, the UDC (Table 11-213-3) requires a 35 -foot wide street buffer adjacent to both roadways. The landscape plan proposes a 20 -foot wide buffer along Eagle Road. The UDC requires landscape buffers along streets to be placed in either a separate common lot or landscape easement. The Applicant has submitted the subject variance to allow a 20 -foot wide landscape buffer on their property along Eagle Road where the remaining 15+ feet of buffer is to be located and landscaped within ITD's right-of-way. 7. AGENCY COMMENTS MEETING No comments were provided for the Variance application. Please see the public record for the Variance file for any written comments that may have been submitted by other agencies. 8. UNIFIED DEVELOPMENT CODE REQUIRED VARIANCE FINDINGS Staff finds that the following UDC sections are pertinent to the subject application (Staff analysis in italics below section): The City Council shall apply the standards listed in Idaho Code 67-6516 and all the findings listed in Section 11 -5B -4E of the UDC to review the variance request. In order to grant a variance, the Council shall make the following findings. a. The variance shall not grant a right or special privilege that is not otherwise allowed in the district: The Applicant is requesting to provide a 20 -foot wide landscape buffer on this site, where 35 - feet is required. In addition to the 20 feet of the Applicant's property proposed for landscaping, up to 26 feet of ITD right-of-way will also be landscaped by the Applicant. The Council is generally supportive of this request. If the Applicant provides, at minimum, a 20 - foot wide landscape buffer on their property and landscapes the surplus right-of-way, the Council finds that a special privilege will not be granted to the Applicant. NOTE: The UDC requires a 10 -foot wide pathway along Eagle Road. The Applicant's plan depicts this pathway within the 20 -foot wide landscape buffer and not within ITD's right-of- way, reducing the landscaped (green) area on their property to 10 feet. b. The variance relieves an undue hardship because of characteristics of the site; Sadie Creek Promenade — VAR -07-011 Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 When ITD purchased the right-of-way from the subject Applicant, the Council believes that ITD envisioned Eagle Road being wider than five lanes, as currently planned for this area with the Eagle Road Corridor Plan. To ensure that the subject property owner is not burdened with maintaining and enhancing the surplus right-of-way adjacent to this site after ITD completes the Eagle Road improvements, the Council recommends approval of the subject variance. c. The variance shall not be detrimental to the public health, safety, and welfare. The Council finds that allowing the landscape street buffer variance on Eagle Road will not be detrimental to the public health, safety, and / or welfare. 9. RECOMMENDATION Staff believes that the Applicant's request meets the "findings test" for granting a variance (see Section 8 above), and is recommending approval of the variance with the following provisions: 1. That the Applicant obtains approval from the TTD to landscape the surplus right-of-way for Eagle Road adjacent to this site as shown in Exhibit A-2 (surplus right-of-way shall mean all area behind the curb). 2. That the Applicant be required to provide a 20 -foot wide landscape buffer along the Eagle Road frontage of their property. 3. That the Applicant constructs a 10 -foot wide multi -use pathway adjacent to Eagle Road. Said pathway shall be installed on the subject property, within the 20 -foot wide required landscape buffer and not within ITD's right-of-way, in accordance with UDC 11 -3H -4C3. 4. That, upon submittal for final plat signature, the Applicant depict the required 20 -foot Eagle Road street buffer on the face of the plat within either an easement or a common lot, as per UDC 11-3B. 5. That all landscape materials be installed as shown in the Landscape Plan (Exhibit A-2), and be in compliance with the requirements of the UDC and the Eagle Road Corridor Study. The Meridian City Conncil heard the i mon Tnly 3 2007 At the nLblic bearing the r...,., a -- - bearen .�— --ncom o annrove he dbie anuli allon - 10. EXHIBITS A. Maps 1. Vicinity Map 2. Landscape Plan Sadie Creek Promenade - VAR -07-011 Page 5 11 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 Exhibit A-1 —Vicinity Map 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING G DATE OF JULY 3, 2007 Exhibit A-2 — Landscape Plan NVId 3dVoWNV1 -LV1dkNVNIAI-13Nd Nommens 3qvN3Vf0bd)83W 3Km I I k • July 13, 2007 VAR 07-012 MERIDIAN CITY COUNCIL MEETING July 17, 2007 APPLICANT Redcliff Development ITEM NO. 5-F REQUEST Findings for Approval --Request for a Variance to UDC 11 -3B -7C2 to count existing right of way for Eagle Rd. towards the landscape street buffer width in the C -G zone for Blenville Square Eagle Rd. landscaping AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See affached Findings CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: 7 O% ne: —0710 Emailed: �u.CU tall Initials: Mate Is presented at public meetings shall become property of the City of Meridian. • CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of Variance to UDC 11 -3B -7C2 to count 15+ feet of existing right-of-way for Eagle Road towards the landscape street buffer along an Entryway Corridor for Bienville Square Subdivision, by Redcliff Development Case No(s). VAR -07-012 For the City Council Hearing Date of. July 3, 2007 (Findings on the July 17, 2007, Council agenda) A. Findings of Fact Hearing Facts (see attached Staff Report for the hearing date of July 3, 2007, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of July 3; 2007, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 3, 2007, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of July 3, 2007, incorporated by reference) B. Conclusions of Law 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 August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAR -07-012 PAGE 1 of 3 • • 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 impose expense upon the public if proposal is allowed. 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 Planning Department, the Public Works Department, and any affected party requesting notice. 7. That this approval is subject to the provisions listed in Section 9 and the findings listed in the Staff Report for the hearing date of July 3, 2007, incorporated by reference. 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 Variance request to construct a 20 -foot wide landscape buffer along the Eagle Road frontage of their property, in addition to 15+ feet of landscaping with ITD's Eagle Road right-of-way, is hereby approved; and, 2. The Applicant shall be required to comply with the provisions listed in Section 9 of the Staff Report for the hearing date of July 3, 2007. D. Attached: Staff Report for the hearing date of July 3, 2007. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAR -07-012 PAGE 2 of 3 E By action of the City Council at its regular meeting held on the / day of 2007. COUNCIL MEMBER DAVID ZAREMBA VOTED COUNCIL MEMBER JOE BORTON VOTED gjfi COUNCIL MEMBER CHARLIE ROUNTREE VOTED COUNCIL MEMBER KEITH BIRD VOTED_6gL-"'-- TIE BREAKER MAYOR TAMMY de WEERD VOTED MAYOR TA de WEERD ATTEST �`�� cOF T�0 , WILLIAM G. BERG, JR., CI Y CL RY BEAL 7 IP Copy served upon: ✓ Applicant '�%, �dX�1TY , ✓ Planning De1 I M 11 W��\ ✓ Public Works Department ✓ City Attorney By.�_.jDated: City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAR -07-012 PAGE 3 of 3 • 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 STAFF REPORT Hearing Date: 7/3/2007 Continued From: 6/19/2007 TO: FROM: SUBJECT: Mayor & City Council Amanda Hess, Associate City Planner (208) 884-5533 Bienville Square Promenade Landscaping c rry a� 141ri File No. VAR -07-012 Variance request to UDC Table 11-213-3 and UDC 11-313-7C2 to use a portion of ITD right-of-way towards the 35 -foot wide landscape buffer requirement adjacent to Eagle Road, an entryway corridor, by Redcliff Development 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, Redcliff Development, is requesting a variance from UDC Table 11-2B-3 and UDC 11- 3B -7C2 which requires: 1) 35 -foot wide landscape buffers along entryway corridors; and, 2) the entire landscape buffer along streets to be on a common lot or within a permanent easement. If approved, the variance would allow the Applicant to count some of the adjacent ITD right-of-way towards the landscape street buffer width. The Applicant is proposing to reduce the area of the landscape buffer on their property to 20 feet and use approximately 15 feet of ITD right-of-way towards the remainder width (see Exhibit A for proposal). The Applicant's justification for the requested variance is listed in Section 4.h of this Staff Report. 2. SUMMARY RECOMMENDATION The City Council has final decision authority on Variance applications. Staff is recommending approval of the subject Variance application (VAR -07-012) for the reasons listed herein. Staff finds that the application meets all of the findings required in the UDC in order for the City Council to grant a variance. (See Analysis, Section 8, of this report, for more details.) a. Summary of City Council Public Hearin - i. In favor: Rob Haggett (Applicant's Representative) ii. In opposition: None iii. Commenting: None iv. Written testimony None V. Staff presenting application• Anna Canning vi. Other Staff co menting on application• None b. Key Issues of Discussion by Councii i. The fact that while not anytime soon ITD will eventually widen Eagle Road and the City will be left with only a 20 -foot landscaping buffer along said road at this location. Is this in the best interest of the City? c. Key Council Changes to Staff Recommendation i. None 3. PROPOSED MOTION (to be considered after the public hearing) Bienville Square — VAR -07-012 Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 Approval After considering all Staff, Applicant, and public testimony, I move to approve File Number VAR -07-012, as presented in Staff Report for the hearing date of July 3, 2007, and direct Planning Staff to prepare findings for approval based on tonight's hearing, with the following changes: (insert any changes here) Denial After considering all Staff, Applicant, and public testimony, I move to deny File Number VAR - 07 -012, as presented in Staff Report for the hearing date of July 3, 2007, and direct Legal Staff to prepare the appropriate findings document for denial. (You should state why you are denying the request.) Continuance I move to continue File Number VAR -07-012, to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: Southwest corner of Ustick Road and Eagle Road 2935 N. Eagle Road Township 3N, Range 1 E, Section 5 b. Owner: Mason Creek, LLC 2060 S. Eagle Road Meridian, ID 83642 c. Applicant: Redcliff Development 3451 Copper Point Drive, Ste. 106 Meridian, ID 83642 d. Representative: Rob Haggett, Redcliff Development e. Present Zoning: C -G (General Retail and Service Commercial), R-15 (Medium -High Density Residential), and R-8 (Medium Density Residential) f. Present Comprehensive Plan Designation: Mixed Use — Regional g. Description of Applicant's Request: The Applicant is requesting a variance from UDC Table 11-2B-3 and UDC 11-313-7C2 which requires: 1) 35 -foot wide landscape buffers along entryway corridors; and 2) for the entire buffer to be on a common lot or within a permanent easement. If approved, the variance would allow the Applicant to count some of the adjacent ITD right-of-way towards the landscape street buffer width. The Applicant is proposing to reduce the area of the landscape buffer on their property to 20 feet; the remaining 15+ feet to be landscaped within the right- of-way. h. Applicant's Statement/Justification: In laying out the details of the off-site widening on Eagle Road, it has been determined that the Idaho Transportation Department (ITD) has up to 26 feet of surplus right-of-way. ITD states that their long-term plans do not call for utilizing the surplus right-of-way (ROW). We Bienville Square — VAR -07-012 Page 2 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 request a variance to landscape the surplus ROW, to decrease the on-site landscape setback from 35 feet to 20 feet, to clean up the gravel and weeds within the ITD ROW and enhance the entrance to the shopping center. This same variance request was approved for the Centre Pointe Subdivision in 2006. (Please see the Applicant's submittal letter for more information.) 5. PROCESS FACTS a. The subject application will, in fact, constitute a variance as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, Chapter 5, Article A (Table 11-5A-1), a public hearing is required before the City Council on this matter. b. Newspaper notifications published on: May 28, 2007; June 11, 2007 c. Radius notices mailed to properties within 300 feet on: May 25, 2007 d. Applicant posted notice on site by: June 23, 2007 6. LAND USE a. Existing Land Use(s): Unimproved b. Description of Character of Surrounding Area: There are Kohl's Department Store, Lowe's Home Improvement Store, several single-family homes, planned retail stores, and other planned commercial and office uses in the area. c. Adjacent Land Use and Zoning: 1. North: Commercial (Sadie Creek Subdivision), zoned C -G 2. West: Residential (Carol's Subdivisions No. 2), zoned R1 (Ada County) and R-2 (City of Meridian) 3. South: Residential (Carol's Subdivision), zoned RI (Ada County) and R-2 (City of Meridian) 4. East: Commercial, zoned C -G d. History of Previous Actions: On February April 18, 2006, Bienville Square Subdivision was granted Annexation and Zoning (AZ -05-057) approval for 18.43 acres from RUT and RI (Ada County) to R-8 (Medium Density Residential), R-15 (Medium High Density Residential) and C -G (General Retail and Service Commercial). Council also approved the rezoning of 10.05 acres of C -G to R-8 and R-15 (RZ-05-019). Preliminary Plat (PP -05-053) approval was also granted for 54 single family residential lots, 22 multi -family residential lots, 14 common lots, and 7 commercial lots on 27.30 acres. And a Conditional Use Permit was approved for a mixed-use development to be located within 300 -feet of a residential district. A final plat application has not been submitted to the Planning & Zoning Department to -date. Additionally, a Development Agreement has not been entered into between the Applicant and the City at this time. CentrePointe Subdivision No. 1 and CentrePointe North were granted approval, in June of 2006 and March of 2007, respectively, for counting adjacent ITD right-of-way for Eagle Road towards the landscape street buffer width. The landscaping buffer was approved at 20 feet, with 1 S feet constructed within said right-of-way. The subject variance application proposes to reduce width of the landscaping buffer Bienville Square — VAR -07-012 Page 3 ! • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 along Eagle Road for Bienville Square to 20 feet in a similar manner to that of the CentrePointe development. e. Existing Constraints and Opportunities 1. Public Works Location of sewer: Extension of mains in Ustick Road / Sadie Creek Location of water: Extension of mains in Ustick Road / Sadie Creek Issues or concerns: None 2. Vegetation: Primarily vacant land. A few trees which must be retained or mitigated for. 3. Floodplain: N/A 4. Canals / Ditches / Irrigation: There is one irrigation / drainage ditch that bisects the subdivision and one that runs along the south boundary of the subdivision. 5. Hazards: N/A 6. Size of Property: —28.5 acres f. Landscaping: Per the Future Land Use Map, Eagle Road is designated as an "Entryway Corridor" adjacent to this site. As such, the UDC (Table 11-213-3) requires a 35 -foot wide street buffer adjacent to both roadways. The landscape plan proposes a 20 -foot wide buffer along Eagle Road. The UDC requires landscape buffers along streets to be placed in either a separate common lot or landscape easement. The Applicant has submitted the subject variance to allow a 20 -foot wide landscape buffer on their property along Eagle Road where the remaining 15+ feet of buffer is to be located and landscaped within ITD's right-of-way. 7. AGENCY COMMENTS MEETING No comments were provided for the Variance application. Please see the public record for the Variance file for any written comments that may have been submitted by other agencies. 8. UNIFIED DEVELOPMENT CODE REQUIRED VARIANCE FINDINGS Staff finds that the following UDC sections are pertinent to the subject application (Staff analysis in italics below section): The City Council shall apply the standards listed in Idaho Code 67-6516 and all the findings listed in Section 11-5134E of the UDC to review the variance request. In order to grant a variance, the Council shall make the following findings: a. The variance shall not grant a right or special privilege that is not otherwise allowed in the district: The Applicant is requesting to provide a 20 -foot wide landscape buffer on this site, where 35 - feet is required. In addition to the 20 feet of the Applicant's property proposed for landscaping, up to 26 feet of ITD right-of-way will also be landscaped by the Applicant. The Council is generally supportive of this request. If the Applicant provides, at minimum, a 20 - foot wide landscape buffer on their property and landscapes the surplus right-of-way, the Council finds that a special privilege will not be granted to the Applicant. NOTE: The UDC requires a 10 -foot wide pathway along Eagle Road. The Applicant's plan depicts a 5 -foot pathway within the 20 -foot wide landscape buffer. However, the Applicant Bienville Square — VAR -07-012 Page 4 ! w CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 must construct a 10 -foot pathway on-site. This will reduce the landscaped (green) area on their property to 10 feet. b. The variance relieves an undue hardship because of characteristics of the site; When ITD purchased the right-of-way from the subject Applicant, the Council believes that ITD envisioned Eagle Road being wider than five lanes, as currently planned for this area with the Eagle Road Corridor Plan. To ensure that the subject property owner is not burdened with maintaining and enhancing the surplus right-of-way adjacent to this site after ITD completes the Eagle Road improvements, the Council recommends approval of the subject variance. c. The variance shall not be detrimental to the public health, safety, and welfare. The Council finds that allowing the landscape street buffer variance on Eagle Road will not be detrimental to the public health, safety, and/or welfare. 9. RECOMMENDATION Staff believes that the Applicant's request meets the "findings test" for granting a variance (see Section 8 above), and is recommending approval of the variance with the following provisions: 1. That the Applicant obtains approval from the ITD to landscape the surplus right-of-way for Eagle Road adjacent to this site as shown in Exhibit A-2 (surplus right-of-way shall mean all area behind the curb). 2. That the Applicant be required to provide a 20 -foot wide landscape buffer along the Eagle Road frontage of their property. 3. That the Applicant constructs a 10 -foot wide multi -use pathway adjacent to Eagle Road. Said pathway shall be installed on the subject property, within the 20 -foot wide required landscape buffer and not within ITD's right-of-way, in accordance with UDC 11 -3H -4C3. 4. That, upon submittal for final plat signature, the Applicant depict the required 20 -foot Eagle Road street buffer on the face of the plat within either an easement or a common lot, as per UDC 11-3B. 5. That all landscape materials be installed as shown in the Landscape Plan (Exhibit A-2), and be in compliance with the requirements of the UDC and the Eagle Road Corridor Study, with the exception that all trees be planted within the subdivision's required 20 -foot wide buffer and not within the ROW landscaping, as depicted. 10. EXHIBITS A. Maps 1. Vicinity Map 2. Landscape Plan Bienville Square— VAR -07-012 Page 5 0 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 Exhibit A-1 — Vicinity Map ., : • � •�; �L'13"� � r r r r � • + ��cw PERKI.� ,Y� • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 Exhibit A-2 — Landscape Plan urrr III flT�.J tLlllll.11_1.� � �Illfll>>rn 1 ___ Z H _S #N Required Buffer a 4 III' -r :M F f ROW Buffer • July 13, 2007 0 RZ 07-009 MERIDIAN CITY COUNCIL MEETING July 17, 2007 APPLICANT Joint School District No. 2 ITEM NO. 5-G REQUEST Findings for Approval -- Request for a Rezone of 24.69 acres from I -L to C -G zone for Jabil Southeast — 1303 East Central Drive AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Findings CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: 6 7 Phone:.:5V-�—G 50L3 c0 Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. Ll CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER 10 fTIY i1F IDAHOa � In the Matter of the Request for Rezoning of 24.69 +/- acres from I -L to C -G for the Property Located at 1303 E. Central Drive, by the Joint School District No. 2 Case No(s). RZ-07-009 For the City Council Hearing Date of. July 3, 2007 (Findings on the July 17, 2007, City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of July 3, 2007, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of July 3, 2007, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 3, 2007, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of July 3, 2007, 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 August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-07-009 • 0 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 Planning Department, the Public Works Department, and any affected party requesting notice. 7. That this approval is subject to the Legal Description and the Conditions of Approval, all in the attached Staff Report for the hearing date of July 3, 2007, incorporated by reference. The conditions are concluded to be reasonable and the Applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority, as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The Applicant's request for a Rezone from I -L to C -G, as evidenced by having submitted the Legal Description and Exhibit Map, stamped and dated March 30, 2007, by Travis P. Foster, PLS, is hereby conditionally approved. Attached: Staff Report for the hearing date of July 3, 2007. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-07-009 • 0 By action of the City Council at its regular meeting held on the � day of 2007. IV COUNCIL MEMBER DAVID ZAREMBA VOTED COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED COUNCIL MEMBER KEITH BIRD VOTED_V� — TIE BREAKER MAYOR TAMMY de WEERD VOTED WILLIAM G. BERG, JR., � �� FAAL = Copy p served upon: ✓ Applicant Planning Department Public Works Department V City Attorney 4By: Dated: i y Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-07-009 • i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 STAFF REPORT Hearing Date: July 3, 2007 TO: Mayor & City Council FROM: Amanda Hess, Associate City Planner (208) 884-5533 SUBJECT: Jabil Southeast • RZ-07-009 r° A ivAHO ° Rezoning of 24.69 acres from I -L (Light Industrial) to C -G (General Retail & Service Commercial) 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, Joint School District No. 2, has applied for rezoning (RZ) of 24.69 acres, the remaining portion of Lot 1, Block 1, Jabil Subdivision, to C -G (General Retail and Service Commercial). The property currently lies within Meridian City limits and is zoned I -L (Light Industrial). The site is located on the west side of Locust Grove Road at 1303 E. Central Drive in Section 18, Township 3 North, Range 1 East, B.M. This rezone is contingent upon approval of a Comprehensive Plan Land Use Map amendment (CPA -07- 004) to "Commercial" which was brought before the Commission on April 5, 2007. Said Comprehensive Plan Amendment (CPA) application proposed to amend the Future Land Use Map of the Comprehensive Plan to change the existing "Industrial" designation to the "Commercial" designation for a 34 -acre parcel. Concurrent with the CPA request, the Applicant had also applied for rezoning (RZ-07-005) of the northern 9.21 acres of Lot 1, Block 1, to C -G (General Retail and Service Commercial). On April 19, 2007 the Commission voted to recommend approval of CPA -07-004 and RZ-07-005 to the City Council. These applications are scheduled to be heard by the City Council on May 15''. Staff will provide a verbal update to the Commission as to the action taken by the Council on these applications. 2. SUMMARY RECOMMENDATION Staff has provided detailed analysis of the applications below. Staff supports the subject rezone request. Staff believes a "Commercial" zoning designation for the subject property would be in the best interest of the City. Therefore, Staff is recommending approval of the subject RZ application. The Meridian Planning and Zoning Commission heard this item on June 7 2007 At the public hearing, the Commission voted to recommend approval of the subject RZ application a. Summary of Commission Public Hearing: i. In favor: Ed Daniels (Applicant's Representative) ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Amanda Hess vi. Other Staff commenting on application: None b. Key Issues of Discussion by Commission: i. None c. Key Commission Changes to Staff Recommendation: i. None Jabil Southeast — RZ-07-009 Page 1 0 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 d. _Outstanding Issue(s) for City Council: i. None a. Summary 1 , Coundl Public■ 1 i. I favors1 RepreseI Daniels (Applicant's Representative), 1 11 Bigham (School 1 1 1 1 1 1 1 None 1 11 I I I I' \ I I' Writtentestimony*\II' V. Staff1rcvjWng applicationeAnna Othercommenting on appficatMe None 1 of Discussion by Councol: i. IApplicant divide is n process of completing11 plat on the1 which 1 1 also t1 c. Key 1 IChanges1 1 1 1 I _Comm8ssion R 1 1 1 i. None, 3. PROPOSED MOTION Recommend Approval I move to approve File Number RZ-07-009, as presented in the staff report for the hearing date of July 3, 2007, with the following modifications: (add any proposed modifications) Recommend Denial I move to deny File Number RZ-07-009 as presented in the staff report for the hearing date of July 3, 2007, for the following reasons: (you should state specific reasons for denial.) Continuance I move to continue File Number RZ-07-009, to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address / Location: 1303 East Central Drive Section 18, Township 3 North, Range 1 East, B.M. b. Owner / Applicant: Joint School District No. 2 911 Meridian Road Meridian, Idaho 83642 c. Representative: Ed Daniels, Hummel Architects, PLLC d. Present Zoning: I -L (Light Industrial) e. Present Comprehensive Plan Designation: Industrial f. Applicant's Statement / Justification: The Applicant requests rezoning of the property from an industrial designation to a commercial Jabil Southeast — RZ-07-009 Page 2 0 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 designation to allow for educational uses. The property is proposed for a new high school, with associated classroom and office spaces, and may possibly house a university extension. Additionally, the Joint School District Service Center will be sited here. Educational institutions are prohibited uses with the I -L district. However, they are principally permitted uses within the C -G district. Please see the Applicant's narrative for more information. 5. PROCESS FACTS a. The subject application will, in fact, constitute a rezone as determined by City Ordinance. By reason of the provisions of UDC 11 -2A -2D, a public hearing is required before the Commission and City Council on this matter. b. Newspaper notifications published on: April 30, 2007, & May 14, 2007 (Planning & Zoning Commission) June 11, 2007, & June 25, 2007 (City Council) c. Radius notices mailed to properties within 300 feet on: April 20, 2007 (Planning & Zoning Commission) June 8, 2007 (City Council) d. Applicant posted notice on site by: May 28, 2007 (Planning & Zoning Commission) June 23, 2007 (City Council) 6. LAND USE a. Existing Land Use(s): A vacant manufacturing building and parking lot b. Description of Character of Surrounding Area: A mix of developed and undeveloped commercial and industrial lands within the City of Meridian to the north, south, and west. Additionally, the site is bordered to the east by residential properties (across Locust Grove Road). c. Adjacent Land Use and Zoning: 1. North: Idaho State Police, zoned C -G 2. South: Interstate 84, zoned C -G, L -O, and RUT 3. West: Vacant land (Lot 2, Block 1, Jabil Subdivision), zoned I -L 4. East: Residential, zoned RUT (Ada County) d. History of Previous Actions: On April 6, 1999, City Council granted approval for annexation and zoning (AZ -99-001) of approximately 55.79 acres to I -L (Light Industrial). No development application accompanied said application at that time. In February of 2004, Council approved a Preliminary / Final Plat to create two building lots for the Jabil Subdivision. Lot 2, Block 1, totals approximately 19 acres. Lot 1, Block 1, totals approximately 34 acres and is the subject of this Comprehensive Plan Amendment application. On April 5, 2007, a Comprehensive Plan Land Use Map amendment (CPA -07-004) was brought before the Commission to amend the Future Land Use Map of the Comprehensive Plan to change the existing "Industrial" designation to the "Commercial" designation for a 34 -acre parcel. Concurrent with the aforementioned CPA request, the Applicant had also applied for rezoning (RZ-07-005) of 9.21 acres (the northern 1/3 of Lot 1) to C -G (General Retail and Jabil Southeast — RZ-07-009 Page 3 • 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 Service Commercial). On April 19, 2007 the Commission voted to recommend approval of CPA -07-004 and RZ-07-005 to the City Council. These applications are scheduled to be heard by the City Council on May 15th. e. Existing Constraints and Opportunities: 1. Public Works Location of sewer: Available in E. Central Drive Location of water: Available in E. Central Drive 2. Vegetation: N/A 3. Floodplain: FEMA 100 -year and 500 -year floodplain areas are designated on this site. (Ninemile Creek runs along the southwest property line) 4. Canals / Ditches / Irrigation: The Ninemile Creek runs along this site. There are no other major facilities on this site that Staff is aware of. 5. Hazards: Staff is not aware of any potential hazards on this site 6. Proposed Zoning: C -G (General Retail and Service Commercial) 7. Size of Property: —34 acres f. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The property has two previously approved access points to E. Central Drive, a commercial collector street. No direct access to Locust Grove Road exists, none is proposed, and none is approved for this property. Upon rezoning and platting of Lot 2, Block 1, of the Jabil Subdivision, the parcel will have cross -access, thus providing additional means for access to the subject site. 6. COMMENTS MEETING On April 27, 2007, Planning Staff held an agency comments meeting. The agencies and departments present included: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, and the Meridian Public Works Department. Staff has included all comments and recommended actions in the attached Exhibit B. However, because this is only a RZ, comments are for informational purposes only. 7. COMPREHENSIVE PLAN ANALYSIS This property is currently designated "Industrial" on the Comprehensive Plan Future Land Use Map. However, the Joint School District No. 2 has requested a map amendment to "Commercial" for the subject property. The requested "Commercial" designation is meant to provide a full range of commercial and retail uses to serve area residents and visitors. Idaho Code 67-6508 states that "the plan shall consider previous and existing conditions, trends, desirable goals and objectives, or desirable fixture situations for each planning component." Staff has reviewed the subject RZ application and offers the analysis and recommendations contained herein for the Commission and Council's consideration. Staff finds the following Goals, Objectives, and Action items contained in the 2002 Comprehensive Plan to be applicable to this application (Staff analysis is in italics below policy): • Chapter V, Goal III, Objective D, Action 5, Page 43 — Require all commercial and industrial businesses to install and maintain landscaping. The site is already improved with street buffer landscaping on E. Central Drive, Locust Grove Road, and the interstate; internal parking lot landscaping; and perimeter landscaping that is adjacent to vehicular use areas. Jabil Southeast — RZ-07-009 Page 4 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 Chapter VII, Goal I, Objective B, Page 109 — Plan for a variety of commercial and retail opportunities within the Impact Area. The highly visible location of this property on Interstate 84, Locust Grove Road and E. Central Drive, and the existing commercial zoning to the north, makes this property a good candidate for commercial uses rather than industrial uses. Staff believes that the potential education institution and associated office uses do, in fact, contribute to the variety of services located within the area and will complement the existing and anticipated commercial uses adjacent to the site. • Chapter VII, Goal III, Objective A, Action 1, Page 111 — Ensure that adequate public services, including transportation, for existing and future development are provided. City services are currently available to the subject property. Chapter VII, Goal IV, Page 112 — Encourage compatible uses to minimize conflicts and maximize use of land. Staff believes that the proposed "Commercial" zoning designation of this property will be compatible with the existing C -G zoned properties north of the site. • Chapter VII, Goal IV, Objective D, Action 5, Page 114 — Require appropriate landscaping and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.). The property is presently fully developed, and a 20 foot wide street buffer already installed along E. Central Drive, a commercial collector road. Additionally, all existing perimeter landscaping adjacent to Locust Grove Road and I-84, as previously approved with construction of the Jabil Circuits building, complies with the UDC requirements. 9. UNIFIED DEVELOPMENT CODE ANALYSIS The Applicant is requesting that the property be rezoned from I -L to C -G. The Commission and Council should note that the subject application proposes rezoning of approximately 25 acres, and includes the south portion of the Jabil building. The Joint School District No. 2 submitted a separate rezone application for northernmost nine acres, which was heard before the Commission on April 5, 2007 concurrent with a request for a Comprehensive Plan Land Use Map amendment. If the CPA application is approved and the Comprehensive Plan Future Land Use Map designation is amended to "Commercial," the requested rezone to the C -G zoning district would comply with the new Map designation for this property. The rezone legal description prepared by Travis P. Foster, PLS, dated March 30, 2007, is accurate and meets the requirements of the City of Meridian and State Tax Commission. All future uses on this property should 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, and should be constructed in accordance with City of Meridian ordinances in effect at the time of development. a. Zoning Schedule of Use Control: UDC 11-213-2 lists uses that are principal permitted (P), accessory (A), conditional (C), or prohibited (-) within the proposed C -G district. The proposed offices and educational institution to be located on-site are principally permitted within the C -G zone. (See UDC Table 11-2B-2 for a complete list of allowed uses in the C -G zone) b. Purpose Statement of Zone: The purpose of the commercial districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four (4) districts are designated which differ in the size and scale of commercial structures accommodated Jabil Southeast — RZ-07-009 Page 5 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. c. Development Agreement: UDC 11 -5B -3D2 and Idaho Code § 65-6711A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City that may require some written commitment for all future uses. As there are no issues regarding rezoning of the subject property which necessitate a Development Agreement, Staff believes that a DA is not required in this instance. All applicable conditions regarding the development of this property are contained in the rezoning approval. d. Access: Per the conditions of approval for final plat, no direct access o I-84 or Locust Grove is permitted. Additional accesses to E. Central Drive shall be at the discretion of the Ada County Highway District. e. Landscaping: No landscaping improvements are necessary at this time, as all applicable landscaping requirements have previously been met. Any future development or change in use on the subject site may require installation of additional landscaping. Staff will evaluate this at the time of submittal for Certificate of Zoning Compliance. f. Multi -Use Pathway: The property owner should be aware that the City intends to require a pathway on this property. Therefore, the Applicant should contact the Meridian Parks and Recreation Department to coordinate the location and dedication of the multi -use pathway on- site. g. Certificate of Zoning Compliance (CZC): The Applicant shall be responsible to obtain a CZC permit from the Planning Department for all new construction or a change in use on the site prior to issuance of building and/or occupancy permits. 10. RECOMMENDATION City Staff supports the subject RZ application, as proposed. Staff recommends approval of the request to rezone the subject property to C -G, as presented in the staff report for the hearing date of May 17, 2007. The Meridian Planning and Zoning Commission heard this item on June 7 2007 At the public hearing, the Commission voted to recommend approval of the subiect RZ application The Meridian City Council hard this item on July 't 2007 At the public hearing the approved the subject RZ. request. 11. EXHIBITS A. Drawings 1. Vicinity Map B. Agency Comments 1. Planning Department 2. Fire Department C. Rezone Legal Description D. Required Findings from the Unified Development Code Jabil Southeast — RZ-07-009 Page 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 B. Agency Comments 1. PLANNING DEPARTMENT 1.1 The rezoning legal description submitted with the application (dated March 30, 2007, stamped by Travis P. Foster, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. 1.2 The Applicant should comply with all UDC requirements (See Section 9 of the Staff Report for more details). 1.3 With any future CZC application for new construction of a change in use, the Applicant should dedicate a multi -use pathway on-site; location to be determined by the Meridian Parks and Recreation Department. 1.4 The Applicant should comply with all previous requirements of this site associated with annexation and platting, as well any permits or regulations that may be in effect for the Jabil Subdivision. Staff's failure to cite specific ordinance provisions or terms of the Jabil Subdivision does not relieve the Applicant of responsibility for compliance. 2. FIRE DEPARTMENT 2.1 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. Exhibit B 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 C. Legal Description PARCOL DECRb'T M Uwoh 30, 21107 PMJN* Jabil Pro*rty — Hummel Ambitects PeroW IVW. South Portion of Pwl "A" of ROS No. M1 and #W portion of Lou GMO righty want of the Section line to be re-wnecl. A parcel of land being a portion Parcel "A" of Record of Survey No, 6631, situated in the SE 114 of Section 1.8, To hip- 3 North, Range 1 Eat, Boise Meridian, City of Meridian, Ada County, Idaho, more pardeularly described as follows: COMWMNMG at a found 3" brass cap, Corner. Record lent No. 1103176248, mating the Ssru&cw Comerr of said Section 18; Thence North 00°30'34" East, coincident with the east line of said Section 18, also being the centerline of Locust Grove Rd., a dbtame of 1281,66 fW to the intersection of said east lime (ecnterline of Locust Orofve FA) ,and the northaly Oght of-vvay of Interstate Highway 84 and the POINT OF B GINNING; Thence ooinddent vvrth said my right-*f=way bine the following five coursm.- Tbence North $9°33'08" West, a distance of*911.35 feet; ')hence South 84°29'23" Wes4 a distance of 200.87 fed to right-of-way stataipu 2363+00; Thence North 89°33'30" West, a distance of'654;42 test; Thence North 28°2658" West, :a disco ot49.59 feet; Thence Staub 89°3732" West, along the northerly litre of the SE 1t4 SW 1/4 of Section 11i, a duce of 64.81 feet to the m wet corner of said Pel "A" of said Record, of Survey No. 6631; Thence leaving said right-of-way and along the Westerrly line of said. Parcel "A" the following f6ur courses: Thence North 0()°00'40" West, 1 25,95 fed; TThcom North $'9058'05" East, 94.70 6*4 Thom North 56008'43" Fes, 40.08`fee4 Thence 10 00%0'39" West, 537.$5 feet; Thence kwvw*g said westerly line, Neth;9059709" Fest, a distance of 340.49 feeeet; Theta. Som +f 0*00' 32"'+fest, a dWance of 38.:37 fit; Thence South 901001100" East, a d stancre of 705.6.1 fce , a portion of this beim along the soudwly edge of an iftrio rwall within the existing Ishii Chit budding that previously separated the adminisfivdontusinm section from the manufacturing tion; T South 00000'22" West, 176. 5,fmA, Exhibit C ! • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 T�Mw South 90°00'#.f!" 4+9 .1 EW to*point point on thely line of said Pa l "A'" aft of SwVq No. 6611 and the dine of the Hunmr LatwW 11mme, coinc4dent with the centsrhm of the Hunter Lateal, South 351,12,46" Eest,. 201.01 &*% 71 1=00 wing A10n9 said MntetlinO of said HUOW LAOmt South 41 °34MN Ess4 121.13 FW to a point on said aW line of Section 19 and the taenterline of said Locust Grave Rd.; Thea, South 00030'34" Wesl, coincident with said east lino afraid Section 18, also being the ventsfinc of Locust Gwve Rd., a distance of255, 9 fit to the POINT f1F RZGVfMG- TU 1 l above described e mains 24,69 acres, more or 1esa. Tomer wM said subjeat to covermft. seemywft, and of record. This n does not desofft reel and is h*jdW to be used W re -ming purPv only. REV L By AAEROAN PUBLIC WORKS L3i=p* Exhibit C • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 N f Woum n ea�+'eu� awm f � as' A�aeb Pbrwr � &21 Afs rE t� CORNER �T 1as saga COM" REca+a Mi -37W W 4 p �� SkwMt F9orceJ `tS.as f w 4 m WMTAM 64 RaOki—Ar—WAY SSE CORNER",RECTM 1a Fes: 3' MW CAPGIURYE TABLE W,s SYp1 /A R ARC aE GY1 R RECOM MOO 30.9414iiT9f24d 7txg0 I t 14:0 1 tE TANX_a�T+ Ll o 4� 107,29 LT A R L +► 01f R. MERORKS� ANS DEPTIN 774E SE 114 OF SECTION 18, T3N, RIE, BA4A04 COUNTY, IDAHO Exhibit C 0 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 D. Required Findings from the Unified Development Code 1. Rezone 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 and/or rezone, 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 rezone the subject property to C -G. The Council finds that the proposed zoning map amendment will comply with the applicable provisions of the Comprehensive Plan if CPA -07-0004 is approved to the "Commercial" designation. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report for more information. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Council finds that the proposed educational institution and secondary office uses are permitted uses within the requested C -G zone. The Council finds that any future use and / or development of this property should comply with the established regulations and purpose statement of the C -G zone. 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. Staff and the Commission recommend City Council rely on any oral or written testimony that may be 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. Exhibit D 0 9 July 13, 2007 AZ 07-005 MERIDIAN CITY COUNCIL MEETING July 17, 2007 APPLICANT Thomas & JoAnn Host ITEM NO. 5-H REQUEST Development Agreement -- Request for Annexation and Zoning of 1.46 acres from RUT to an R-4 zone for the property located at 1205 West Overland Road for most Property -- 1205 West Overland Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: see aftached Development Agreement OTHER: I Date:? l3 0 hone: w % Contacted: Emailed: !�-FD S C.6M Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • ADA COUNTY RECORDER J. OAVIIGARRO AMOUNT .00 25 BOISE IDAHO 07119107 01:32 PM DEPUTY Lisa Irby III IIIIIIIIII�IIIII�IIIIIIIIIIIIIIIII RECORDED— REQUEST OF 1 E�7102516 Meridian CIW L. DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Thomas and JoAnn Pfost, Owners THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this 2.0' day of cs,J 2007, by and between City of Meridian, a municipal corporation of the State of Id o, hereafter called CITY, and Thomas and JoAnn Pfost, whose address is 1205 West Overland Road, Meridian, Idaho 83642, hereinafter called OWNERS. 1 • RECITALS: 1.1 WHEREAS, Owners are the sole owners, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, 1. C. § 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re -zoning that the Owners make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Ordinance 11-5B-3, which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, Owners have submitted an application for annexation and zoning of the Property's described in Exhibit A, and has requested a designation of R-2, Low Density Residential District (Municipal Code of the City of Meridian); and 1.5 WHEREAS, Owners made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject Property will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject Property held before the DEVELOPMENT AGREEMENT (AZ 07-005 PFOST PROPERTY) PAGE 1 OF 11 Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 19s' day of June, 2007, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the Findings); and 1.8 WHEREAS, the Findings require the Owners to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 OWNERS deem it to be in their best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at their urging and requests; and 1.10 WHEREAS, City requires the Owners to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re -zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian Unified Development Code, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. DEVELOPMENT AGREEMENT (AZ 07-005 HOST PROPERTY) PAGE 2 OF 11 E 3• DEFINITIONS: For all purposes of this Agreement the following words, terns, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 OWNERS: means and refers to Thomas and JoAnn Pfost, whose address is 1205 West Overland Road, Meridian, Idaho 83642, the parry that owns and is developing said Property and shall include any subsequent owner(s) or developer(s) of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be re -zoned R-2 (Low Density Residential District), attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City's Zoning Ordinance codified at Meridian Unified Development Code § 11-2A-2 which are herein specified as follows: Existing single family residential home and accessory buildings in the proposed R-2 zone on X. 99 acres. The pertinent provisions of the City of Meridian Comprehensive Plan are applicable to th is AZ 07- 005 application. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owners shall develop the Property in accordance with the following special conditions: DEVELOPMENT AGREEMENT (AZ 07-005 HOST PROPERTY) PAGE 3 OF 11 • 5.1.1. That the existing home on this property shall be required to connect to City sewer within 6 -months of service being available to this property. 5.1.2. The applicant shall be responsible for all costs associated with sewer service installation including payment of sewer assessments. 5.1.3. All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. 6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the Owners or Owners' heirs, successors, assigns, to comply with Section 5 entitled "Conditions Governing Development of Subject Property" of this agreement within two years of the date this Agreement is effective, and after the City has complied with the notice and hearing procedures as outlined in Idaho Code § 67-6509, or any subsequent amendments or recodifications thereof. 7. CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: Owners consent upon default to the reversal of the zoning designation of the Property subject to and conditioned upon the following conditions precedent to -wit: 7.1 That the City provide written notice of any failure to comply with this Agreement to Owners and if the Owners fail to cure such failure within six (6) months of such notice. 8. INSPECTION: Owners shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the City that apply to said Development. 9. DEFAULT: 9.1 In the event Owners, or Owners' heirs, successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property, fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the DEVELOPMENT AGREEMENT (AZ 07-005 HOST PROPERTY) PAGE 4 OF 11 Property, this Agreement may be modified or terminated by the City upon compliance with the requirements of the Zoning Ordinance. 9.2 A waiver by City of any default by Owners of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of City or apply to any subsequent breach of any such or other covenants and conditions. 10. REQUIREMENT FOR RECORDATION: City shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at Owners's cost, and submit proof of such recording to Owners, prior to the third reading of the Meridian Zoning Ordinance in connection with the re -zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 11. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either City or Owners, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 12.1 In the event of a material breach of this Agreement, the parties agree that City and Owners shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non -breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. DEVELOPMENT AGREEMENT (AZ 07-005 HOST PROPERTY) PAGE 5 OF 11 0 0 12.2 In the event the performance of any covenant to be performed hereunder by either Owners or City is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 13. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code §11-5-C, to insure that installation of the improvements, which the Owners agrees to provide, if required by the City. 14. CERTIFICATE OF OCCUPANCY: The Owners agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the City and Owner has entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City. 15. ABIDE BY ALL CITY ORDINANCES: That Owners agrees to abide by all ordinances of the City of Meridian and the Property shall be subject to de -annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 16. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 with copy to: OWNERS: Thomas and JoAnn Host 1205 West Overland Road Meridian, ID 83642 DEVELOPMENT AGREEMENT (AZ 07-005 HOST PROPERTY) PAGE 6 OF 11 0 City Clerk City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 16.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 17. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owners of the Property, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owners, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owners has fully performed its obligations under this Agreement. 20. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. DEVELOPMENT AGREEMENT (AZ 07.005 HOST PROPERTY) PAGE 7 OF 11 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owners and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owners and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re -zoning of the subject Property 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. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT (AZ 07-005 HOST PROPERTY) PAGE 9 OF 11 • 0 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNERS Thomas Pfost OWNERS CITY OF MERIDIAN •' NT ! grag w, r ATTEST:of- Cid{ "I --� $ZAL WILLIAM G. BERG, JR. C C ERK DEVELOPMENT AGREEMENT (AZ 07-005 PFOST PROVE 'TY) PAGE 9 OF 11 0 STATE OF IDAHO, ) ss County of Ada, ) On this �1- day of Tj %I, . , 2007, before me, the undersigned, a Notary Public in and for said State, pe orally appeared THOMAS PFOST, known or identified to me to be the person who signed the above and acknowledged to me that he 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. r*gorrrrrrr -•� h. LCL. Cab �_ (SEAL),, STATE OF IDAHO, ) ss County of Ada, ) t (I M—A OL a 9 Aj Notary Public for Idaho Residing at: (b lGi I If l 1,10 My Commission Expires: 10-11 j I On this 2 -yd day of 2007, before me, the undersigned, a Notary Public in and for said State, pelsonally appeared JOANN PFOST, known or identified to me to be the person who signed the above and acknowledged to me that he 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. 000r..rrrr• A M. carte :- (SEAL.) otary Public for Idaho Residing at: Cb-1.ls-W . (P My Commission Expires: 011-1 1 DEVELOPMENT AGREEMENT (AZ 07-005 PFOST PROPERTY) PAGE 10 OF 11 0 STATE OF IDAHO ) : ss County of Ada ) • this day of 2007, before me, a Notary Public, personally appeared Tammy de Weerd and William G. Berg, Jr., 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. (SEAL). *so "n —?a .Cee Notary Public for Idaho Residing at: Le- t hot I-V Commission expires: ___Z_p-/!�-- /I DEVELOPMENT AGREEMENT (AZ 07-005 PFOST PROPERTY) PAGE 11 OF 11 Leof Description PFOST PROPERTY ANNEXATION A parcel for annexation purposes, being located in the NW % of the NW % of Section 24, Township 3 Forth, Range 1 West, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a 5/8 inch diameter iron pin marking the northwest comer of said Section 24, from which a 1/2 inch diameter iron pin marking the northeast corner of said NW % of the NW % bears S 89°45'00" E a distance 1327.78 feet; Thence S 89045'00" E along the northerly boundary of said Section 24 a distance of 800.20 feet to the POINT OF BEGINNING; Thence continuing along said northerly boundary 3 89°45'00" E a-diitan of 5,27,50 feet to a 1/2 inch diameter iron pin marling the northeast comer of said NW'! of the NW %; Thence leaving said northerly boundary S 0018'00" E along the easterly boundary of said NW % of the NW % a distance of 328.75 feet to a point; Thence leaving said easterly boundary N 57058'34" W a distance of 624.30 feet to the POINT OF BEGINNING; This parcel contains 1.99 acres and is subject to any easements existing or in use Clinton W. Hansen, PLS Land Solutions, PC March 7, 2007 SY PRDVAL f �x MERIDIANPUBLIC WORKS DEPT. `oNp4 L,ANpS 0. 11118 om !moi yTTE OF ON w HP �ti blutions Pfost Property Annexation Job No. 07-15 0 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER • (ZA%--��,,�� �,,�� my of - 64 711 � � 1D� i In the Matter of the Request of Annexation and Zoning of 1.46 acres from RUT (Ada County) to R-2, by Thomas & JoAnn pfost. Case No(s). AZ -07-005 For the City Council Hearing Date of. June 59 2007 (Findings on the June 19, 2007 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of June 5, 2007, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of June 5, 2007, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of June 5, 2007, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the heating date of June 5, 2007, 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 August 6, 2002, Resolution No. 02-3 82 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. CNY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION &ORDER CASE NO(S). AZ -07-005 Page 1 of 3 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 Planning Department, the Public Works Department and any affected parry requesting notice. 7. That this approval is subject to the Legal Description and the provisions of the Development Agreement contained in the attached Staff Report for the hearing date of June 5, 2007, 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 CitCode § 11-5A and City based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Annexation as evidenced by having submitted the legal description and exhibit map stamped and dated March 7, 2007 by Clinton Hansen, PLS, is hereby conditionally approved; and, 2. A Development Agreement is required with approval of the subject annexation and shall include the provisions noted in the attached Staff Report for the hearing date of June 5, 2007, incorporated by reference. D. Attached: Staff Report for the hearing date of June 5, 2007. CITY OF MERIDIAN FINDINGS. OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S), AZ -07-005 Pap 2 of 3 0 0 By action of the City Council at its regular meeting held on the _Z67- day of V W- I W ,—,zoos. COUNCIL MEMBER DAVID ZAREMBA VOTED. COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED_%`~ COUNCIL MEMBER KEITH BIRD VOTED. MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Mayor T e W %94-� OF Attest: C� z William G. Berg, Jr., City Cak $L _ Ise COPY served upon Applicant, The Planning�.bS�c Works Department and City ��11111;;111\111 Attorney. B Dated: City Clerk CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ•07•DOS Page 3 of 3 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFIz REPORT FOR THE HEARING DATE OF R NE 5, 2007 STAFF REPORT TO: FROM: SUBJECT: Hearing Date: June 5, 2007 Mayor & City Council Sonya Watters, Associate City Planner 208-884-5533 Host erre MF . 4 IDAHO AZ -07-005 ,v Im Annexation and Zoning of 1.46 acres from RUT (Ada County) to R4 U ( Low -Density Residential). " SUM ARY DESCRIPTION OF APPLICANT'S REQUEST The applicants, Thomas and JoAnn Pfost, have applied for Annexation and Zoning (AZ) to R4 (Medium Low Density Residential) of 1.46 acres of property currently zoned RUT m Ada County. The site is located at 1205 W. Overland Road on the south side of W. Overland Road, approximately '/a mile east of S. Linder Road. This site is currently improved with one single-family residential home and accessory outbuildings. The subject request for annexation is based upon the fact that the well that services this home is located in the path of the Overland Road widening project. For this reason, the applicants are requesting aw matiou to hook up to city water. This property is within the City's Area of Impact and Urban Service Planning Area and is contiguous to the current City limits. 2. SUM 4,RY RECOZ CU.NDATION The subject application (AZ) was submitted to the Planning Department for review. Below, staff has provided a detailed analysis, comments, and recommended actions for the requested AZ application. Staff b recoxrumeadins approval of the Pfost Annexation and Zoning (AZ -07-005) request as pi'esenbed in the stats report for the beefing date of May 3, 2007, based on the Findings of Fact listed in Exhibit D of this staff report. a. Summary of Commhsion Public bearing: I. Ip favor: Thomas Pf�Owneri&UR Sand H. Yn opoos : None iii. Commagn : None iv. Written testimony: None v. Staff uresenting application: Sones Watters A Other stall cogMeaftV on swiieadon: No b. Key Isanes of Discus ' a by Commission: L Noje c. Ka Commission Changes to StaffLecommendatfW. L Mme d. Outstanding Issues) for Cit; gggncil: L None Host AZ -07-005 PAGE 1 CITY OF MERIDIAN PLANNING DEPAR'1MENT STAFF REPORT FOR THE HEARING DATE OF NNE 5, 2007 . 3. PROPOSED MOTION (to be considered after the public hearing) Approval After considering all staff, applicant and public testimony, I move to approve File Number AZ -07- 005 as presented in the stats report for the hearing date of June 5, 2007, with the following modifications: (Add any proposed modifications) Denial After considering all staff, applicant and public testimony, I move to deny File Number AZ -07-005 as presented during the hearing on June 5, 2007: (Please state annexation request) spec reasons for denial of the Continuance After considering all staff, applicant and public testimony, I move to continue File Number AZ -07- 005 to the hearing date of (insert continued hearing date here) for the following reason(s): (State specific reason(s) for continuance) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 1205 W. Overland Road (Parcel #S 1224223105) Section 24, Township 3 North, Range I West b. Owner: Thomas and JoAnn Pfost 1205 W. Overland Road Meridian, M 83642 c. ApplicanAepresentative: Same as Owner d. Present Zoning: RUT (Ada County) e. Present Comprehensive Plan Designation: Medium Density Residential f. Description of Applicant's Request: The applicant is requesting annexation and zoning into the City with an R-4 zone. g. Applicant's Stateinent/Justification: "We are requesting annexation into the city so that we can hook-up to city water. Our well is currently in the path of the widening project of Overland Road." (See applicant's narrative submitted with application.) 5. PROCESS FACTS a. The subject application will in fact constitute an annexation as determined by City Ordinance. By Pfost AZ -07-M PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007 reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. b. Newspaper notifications published on: April 16th, 2007 and April 30'h, 2007 (Commission); May 14x6.2007 and May 2e. 2007 (Cfty council) c. Radius di c�otic s mailed to properties within 300 feet on: April 516, 2007 (Commission); May llt' �. ft Cmuc d. Applicant posted notice on site by: April 2716, 2007 (Commission); &1 26*. 2007 (City CPMCM 6. LAND USE a. Existing Land Use(s): There is an existing home and associated outbuildings on the subject site. b. Description of Character of Surrounding Area: be area surrounding the subject property consists of rural residential properties and vacant undeveloped land. C. Adjacent Land Use and Zoning: 1. North: Vacant property, zoned I -L 2. East: Rural residential property, zoned RUT in Ada County 3. South: Rural residential property, zoned RUT in Ada County 4. West: Rural residential property, zoned RUT in Ada County and Christian Family Matters Church, zoned R-8 d. History of previous Actions: None e. Existing Constraints and Opportunities: I. Public Works: Location of sewer. Sewer is not Available yet. Location of water. The applicant has already connected to City Water. Issues or concerns: Ensuring the applicant connects to City sewer when it becomes available. 2. Vegetation: NA 3. Floodplain: NA 4. Canals/Ditches Irrigation All irrigation ditches, laterals and canals should be tiled, when this property develops. 5. Hazards: Staff is unaware of any hazards associated with this property. 6- Proposed Zoning: R4 (Medium Low -Density Residential) 7. Size of Property: 1.46 acres f. Subdivision Plat Information: The applicant has not submitted a preliminary plat, or a concept Plan for this property, with the subject annexation application. Staff believes that the applicant does not intend to further develop this property in the near future. g. Landscaping: 1. Width of street buffer(s): Upon development of this property, a 25 -foot wide landscape street buffer will be required adjacent to W. Overland Road, an arterial roadway per the UDC. Pfost AZ -07-005 PAGE 3 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE iiLARIN(9 DATE OF A THE 5, 2007 2. Width of buffer(s) between land uses: Upon development of this property, a buffer between laud uses may be required, depending on the future use of the property. h. Summary of Proposed Streets and/or Access: As mentioned above, the applicant is not proposin to develop/plat this property at this time. Access to this site is currently provided from one g driveway to Overland Road. No new access points are proposed or approved with this application. 7. COQ MEETING On April 13, 2007 a joint agency and departments meeting was held with service providers in this area. The agencies and departments present include: Meridian Fire Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary an Company. These agencies did not submit comments on this application as no developmentis proposed at this time and the use of the property is not changing. S. COMPREHENSIVE PLAN POLICIES AND GOALS This Property's designated "Medium Density Residential" on the Cowprehensive Plan Future Land Use Map. Medium density residential areas are anticipated to contain single family residencesat densities from three to eight dwelling units per acre (see page 99 of the Comprehensive Plan.) Staff recommends that the Commission and Council rely on any verbalor written testimony that maybe provided at the public hearing when determining the most appropriate zone for this property. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the eject Property (sem analysis in italics below policy): • Require that development projects have planned for the provision of all public services. (Chapter VII, Goal M, Objective A. Action 1) When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of .Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: Sanitary sewer and water service will be extended to the project at the applicant's expense. ➢ The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. ➢ The subject lands currently lie within thejurisdiction of the Ada County Sherifs office. Once annexed the lands will be serviced by the Meridian police Department (MPD). The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACID). This service will not change. The subject lands are currently serviced by the Meridian School District No. 2. This service will not change. 9 The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee -supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. Pfost AZ -07.005 PAGE 4 r: CITY OF MERIDIAN PLANNING DEPART M MT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007 • Protect existing residential properties from incompatible land use development on adjacent parcels. (Chapter VII, Goal 1V, Objective C, Action 1) The applicant is not proposing any new land use for this property. Staff believes that the existing single-family home is compatible with the other resldences in this area. • Support a variety of residential categories (low-, medium-, and high-density single family, MIt"Mily, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. (Chapter VII, Goal 1V, Objective C, Action 10) The subject application includes a request for the R-4 zoning designation. The Comprehensive Plan Future Land Use Map designates all of the properties in this vicinity on the south side of Overland Road as Medium Density Residential. Stafffinds that the requested zoning designation is generally consistent with the Comprehensive Plan designation for this Property, the future land use designated for other properties in this vicinity, and further enhances the variety of zoning designations south of the interstate, Stafffinds that the proposed R-4 zoning designation is generally harmonious with and in accordance with the Comprehensive Plan 9. ZONING ORDINANCE a. Zoning Schedule of Use ControL• UDC 11-2A-2 lists single-family dwellings as a Permitted Use in the R-4 zone. b. Purpose Statement of Zone: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection, to the City of Meridian water and sewer systems is a requirement for all residential districts. 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, 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: AZ Application: As mentioned above, the subject property is proposed for annexation because the well serving the existing home is located within the Overland Road widening project and the residence needs to be hooked up to city water. There is no additional development planned for this property at this time. Based on the policies and goals contained in the Comprehensive Plan, the future land use designation of Medium Density Residential for this property, and the widening of Overland Road, Staff believes that the requested annexation and R-4 zone is appropriate for this property. Please see Exhibit B for detailed analysis of the required facts and findings. The annexation legal description submitted with the application (stamped on March 7, 2007 by Clinton Hansen, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. Development Agreement: UDC 11 -5B -3D2 and Idaho Code § 6S-671 I provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City that may require some written commitment for all future uses. In anticipation of this appNeation being approved, the applicant has already paid the required water hook-up fees Pfost AZ -07-005 PAGE 5 ;7 0 CITY OF MERIDIAN PLANNING DEPA1tTMENT STAFF REPORT FOR THE HEARING DATE OF UNE S, 2007 for the existing residence and been hooked up to City water. Because sewer is not currently evadable to this property, staff is recommending that a Development Agreement be required to ensure that when sewer k available to this property that the home be required to hook up at that time. If the Commission or Council feels additional development agreement requirements are necessary, staffreeommends a clear outline of the commitments of the developer being required. A Development Agreement (DA) will be required as paxt of the annexation of this property. Prior to the annexation ordinance approval, a DA shall be entered ,into between the City of Meridian and the property owner($) (at the time of annexation ordinance adoption). The applieant shall contact the City Attorney, Bill Nary, at 804433 within 3 months of Council approval to initiate this process. The DA shall include, at minimum, the following: • That the existing home on this property shall be required to connect to City sewer Within 6 -months of service being available to this property, • The applicant shall be responsible for all costs associated with sewer service installation including payment of sewer assessments. • All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development, b. Staff Recommendation: Staff recommends that the subject property be annexed into the City with an R4 zoning designation and requirement of a Development Agreement per the comments listed in Exhibit B of this gaff report. The Meridian Plannino and 7mninar 11. EXMITS A. Legal Description 8t Exhibit Map B. Planning Department Comments C. Required Findings from Unified Development Code Pfost AZ.07-005 PAGE 6 • CITY OF MERIDIAN PLANNING ]DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 3, 2007 A. Legal Description & Exhibit Map NFOST PROPBWANNUATION A psmW for arwraxadw purposes, bsi�g Iocaled in the MN 3� of ft NW y of Basion 24, Toad 8 North, Rarpa 1 VMes� Bolsa Meridien. Ada Cowy, Idaho. and more P dasorlbed as fogorrs: Cannrtr 0*4 at a =inch d"+arrrelar iron pin marking ON npr asst comer of said 3eaion 94. iron wlMioh a 12 inch dbsraw km pb jokk tlro norM"d oomar of said NN Y. of VW NW % beano S W45W E a dkknoe 1327.76 Thm" S W45W E ab V Vw nortlterly bomrdery of said 810011 24 a distance of 900.20166E 10 the POltlf T OF ; The+ o awbuft WM said M t * boundary S W0'46'0pr' E a distance cc 527.56 teat I* a 142"diamft iron pin mmddn0"northeast cannon d cold NW $4 of the NW Y UW dX. the MN a dWanaa d 328.751 f" 1a poirn� y cf said POINT OF AWAVNO, bOtwuloy N 5rW340 w a d1r�e of a24-30 feet m the Thb PiNrsal oonWw 1.90 soros and b su*dto any MOM* WMN or in use. C9nbm w Hansen, pLS Land Sol *ft PC Manch 7.2007 A-1 Pw PPmp64 Job No. 0745 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TH$ HrlARJNG DATE OF MAY 3, 2007 PFOST PROPERTY ANNEXATION LOCATE IN THE 1 A 5 THE NW 1/4 OF 24, TOWNSHIP 3 NORTH. RANGE I WEST; BOISE AfD1AN, ADA COUNTY, IDAHO 2007 a4m or mc~ 14 ' Ar A014 S �' • E OIEi ii I 3?7.68' IAAWEXAr I ti awqur+�a `rte_ 9 PNOVAL. MAR 12 ir'. r a+u" Puwic NIppKS CE". 0 - 40 00. 160 A-2 ND O 3i/8' PIN 4 CALCULATED POINr 0 1/2' PIN w 06 m uPu r= Lan Elutions Ip pNj I4N ���� lyyrar rp CITY OF MF,R1pIAN PLANNING VEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 3, 2007 B. Planning Department Comments 1. The annexation legal description submitted with the application (stamped on March 7, 2007 by Clinton Hansen, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. 2. A Development Agreement (DA) will be required as part of the annexation of this property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian and the property owners) (at the time of annexation ordinance adoption). The applicant shalt contact the City Attorney, Bill Nary, at 8884433 within 3 months of Council approval to initiate this process. The DA shall include, at minimum, the following: • That the existing home on this property shall be requited to connect to City sewer within 6 -months of service being available to this property. • The applicant shall be responsible for all costs associated with sewer service installation including payment of sewer assessments. • All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. IM 0 010 CITY of MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARINO DATE OF MAY 3, 2007 C. Required Findings from Unified Development Code I. Annexation Findings: Upon recommendation from the COMMission, the Council shall make a full investigation and shall, at the public hearing, review the application. h order to grant an annexation and/or rezone, 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 zone all of the subject property to R-4. The Council finds that the proposed zoning map amendment complies with the applicable provisions of the comprehensive plan; however. Co cll finds that agggge the p aertv with an R-2 avne would be more annronria ai s property. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. b. The map amendment complies with the regulations outlined for the proposed district; specifically the purpose statement; No development is proposed concurrent with the zoning map amendment. The Council finds that future development of this property should comply with the established regulations and purpose statement of the R-4 &2 zone. 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. Staff recommends that the Commission and Council rely on any oral or written testimony that may be 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. b. The annexation is in the best of interest of the City (UDC 11-5&3.E). The Council finds that the annexation and zoning of this property to R-4 R 2 would be in the best interest of the City. C-1 July 13, 2007 AZ 07-008 MERIDIAN CITY COUNCIL MEETING July 17, 2007 APPLICANT JR, LLC ITEM NO. 5-1 REQUEST Development Agreement -- Request for Annexation and Zoning of 3.32 acres from R1 to C -G zones for Zamzow's Overland -- 3620 and 3650 East Overland Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS See attached Development Agreement Rv-,-", (�,f r Date: —11/7/07 Phone: 0C� �C4/Y.,Staff Initials: _A4 Materials presented at public meetings shall become property of the City of Meridian. ADA COUNTY RECORDER J. DAVID NAYARRO AMOUNT .00 �9 BOISE IDAHO 07119107 01:32 PM 3D DEPUTY Use Irby II I I' 11 11 ll'l l ll'l l' III I I I I'l l (III III RECORDED -REQUEST OF 107102518 Meridian City DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. J.R., LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this 12V-0' day of %c5tZy 2007, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY, and J.R., LLC, whose address is 1201 Franklin Blvd., Nampa, Idaho 83687, hereinafter called OWNER/DEVELOPER. RECITALS: 1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re -zoning that the Owner/Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Ordinance 11-5B-3, which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, Owner/Developer have submitted an application for annexation and zoning of the Property's described in Exhibit A, and has requested a designation of C -G, General Retail and Service Commercial District (Municipal Code of the City of Meridian); and 1.5 WHEREAS, Owner/Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject Property will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject Property held before the DEVELOPMENT AGREEMENT (AZ 07-008) ZAMZOWS OVERLAND PAGE 1 OF 11 Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 10"' day of July, 2007, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the Findings); and 1.8 WHEREAS, the Findings require the Owner/Developer to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 OWNER/DEVELOPER deem it to be in their best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at their urging and requests; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re -zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian Unified Development Code, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. DEVELOPMENT AGREEMENT (AZ 07-008) ZAMZOWS OVERLAND PAGE 2 OF 11 C� 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to J.R., LLC, whose address is 1201 Franklin Boulevard, Nampa, Idaho 83687, the party that owns and is developing said Property and shall include any subsequent owner(s) or developer(s) of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be re -zoned C -G (General Retail and Service Commercial District), attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City's Zoning Ordinance codified at Meridian Unified Development Code § 11-2B-2 which are herein specified as follows: Construction of a new 18,486 square foot retail (pending CZC and Building Permit issuance) in the C -G zone on 3.32 acres. The pertinent provisions of the City of Meridian Comprehensive Plan are applicable to this AZ 07-008 application. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: DEVELOPMENT AGREEMENT (AZ 07-008) ZAMZOWS OVERLAND PAGE 3 OF 11 0 1. All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. 2. The site shall comply with all of the design standards listed in UDC 11 -3A -19C, including the following: A continuous intemal pedestrian walkway that is a minimum of eight feet in width shall be provided to the main building entrance from the perimeter sidewalk along Overland Road, Jade Avenue, and from the west property boundary for future connection to the planned sidewalk and street (Silverstone Avenue) adjacent to the west property boundary. Further, the required walkway to Jade Avenue should be distinguished from the vehicular driving surface through the use of pavers, colored or scored concrete, or bricks. 3. The applicant shall be responsible to obtain a Certificate of Zoning Compliance (CZC) permit from the Planning Department for all new construction on the subject property. 4. The detailed site plan and building elevations submitted with any CUP and/or CZC application for this site shall substantially comply with the conceptual site plan and building elevations submitted to the City as shown in Exhibit A of this staff report and with the requirements of the subject Development Agreement. 5. The applicant shall be responsible for all costs associated with sewer and water service installation. 6. Direct access to this site from Overland Road shall be prohibited. Access to the site shall be provided from Jade Avenue and a driveway access to the west property line for future connection to the planned Silverstone Avenue shall be provided as shown on the conceptual development plan submitted with this application. 7. A minimum 35 -foot wide landscape buffer will be required and shall be constructed along the entire frontage of E. Overland Road in accordance with UDC 11-3B-7, when a CUP and/or CZC is reviewed and approved in the future. 8. A minimum 10 -foot wide landscape buffer will be required and shall be constructed along the entire frontage of S. Jade Avenue in accordance with UDC 11-3B-7, when a CUP and/or CZC is reviewed and approved in the future. 9. A minimum 25 -foot wide landscape buffer shall be constructed adjacent to any existing residential uses which abut this site in accordance with UDC 11-3B-9, when a CUP and/or CZC is reviewed and approved in the future. 10. At the time of CUP and/or CZC approval, a 10 -foot wide multi -use pathway will DEVELOPMENT AGREEMENT (AZ 07-008) ZAMZOWS OVERLAND PAGE 4 OF 11 0 • be required on this property, subject to adoption of the Pathways Master Plan. 11. Sidewalks shall be constructed along E. Overland Road and S. Jade Avenue. 12. Any work or improvement within the floodway or floodplain on this property shall file a floodplain development application with the City of Meridian Public Works Department prior to commencement of the work. 13. The applicant shall complete all required improvements prior to obtaining a Certificate of Occupancy for any new use or change in use of the site. 6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the Owner/Developer or Owners'/Developers' heirs, successors, assigns, to comply with Section 5 entitled "Conditions Governing Development of Subject Property" of this agreement within two years of the date this Agreement is effective, and after the City has complied with the notice and hearing procedures as outlined in Idaho Code § 67-6509, or any subsequent amendments or recodifications thereof. 7. CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: Owner/Developer consent upon default to the reversal of the zoning designation of the Property subject to and conditioned upon the following conditions precedent to -wit: 7.1 That the City provide written notice of any failure to comply with this Agreement to Owner/Developer and if the Owner/Developer fail to cure such failure within six (6) months of such notice. 8. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the City that apply to said Development. 9. DEFAULT: 9.1 In the event Owner/Developer, or Owner/Developers' heirs, successors, assigns, or subsequent owners of the Property or any other DEVELOPMENT AGREEMENT (AZ 07-008) ZAMZOWS OVERLAND PAGE 5 OF 11 person acquiring an interest in the Property, fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the Property, this Agreement may be modified or terminated by the City upon compliance with the requirements of the Zoning Ordinance. 9.2 A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of City or apply to any subsequent breach of any such or other covenants and conditions. 10. REQUIREMENT FOR RECORDATION: City shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at Owner/Developer's cost, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re -zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 11. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either City or Owner/Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 12.1 In the event of a material breach of this Agreement, the parties agree that City and Owner/Developer shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non - breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (3 0) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure DEVELOPMENT AGREEMENT (AZ 07-00$) ZAMZOWS OVERLAND PAGE 6 OF 11 L� may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 12.2 In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes which are beyond the reasonable control of the parry responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 13. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code §1 1-5-C, to insure that installation of the improvements, which the Owner/Developer agrees to provide, if required by the City. 14. CERTIFICATE OF OCCUPANCY: The Owner/Developer agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the City and Developer/Owner has entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City. 15. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agrees to abide by all ordinances of the City of Meridian and the Property shall be subject to de - annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 16. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 OWNER/DEVELOPER: J.R., LLC 1201 Franklin Boulevard Nampa, ID 83687 DEVELOPMENT AGREEMENT (AZ 07-008) ZAMZOWS OVERLAND PAGE 7 OF 11 0 with copy to: City Clerk City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 16.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 17. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer of the Property, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer has fully performed its obligations under this Agreement. 20. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. DEVELOPMENT AGREEMENT (AZ 07-008) ZAMZOWS OVERLAND PAGE 8 OF 11 0 • 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, 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 Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re -zoning of the subject Property 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. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk_ DEVELOPMENT AGREEMENT (AZ 07-008) ZAMZOWS OVERLAND PAGE 9 OF 11 0 0 ACKNOWLEDGMENTS IN WrFNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER J.R., LLC CITY OF MERIDIAN B Y: MAYOR T 71de WEERD 04172 4 e,6 eawf eZZ -7-1-7-0 1 ATTEST: \\\\\\55 11 t ! ! I ! I ►►rr�y��'' crr �J /T/V 4^✓ � _ B� a WILLIAM G. BERG, .1R. C _ LE SK� DEVELOPMENT AGREEMENT (AZ 07-008) ZAMZOWS OVERLAND PAGE 10 OF 11 0 STATE OF IDAHO, ) a.., � ss County of A4a, �) On this lk� day of G�-C' 2007, before me, the un4ersi ned, a Notary. Public 'in and for aid State, personally appeared -fit L� L- Z9 M1,01I r identified to me to be the person who signed the above and acknowledged to me that he executed the same on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my ��&and year in this certificate first above written. V 0 STATE OF IDAHO ) ss County of Ada ) On this day of JU 1 y , 2007, before me, allotary Public, personally appeared Tammy de Weerd and William G. Berg, Jr., 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 fust above written. O T4(SEAL) ; %; Public for I aho ■ 1 Residing at: r0. 1 d 1 . 10 " • Commission expires: DEVELOPMEN4 AZ 07-008) ZAMZOWS OVERLAND sees PAGE 11 OF 11 1'1111\ IJJ LVV1\1 lll/ 11�JJ 1/1'I llL I1L A OIL. 1\YLJl11Y \111n l=YV4U JV f. UULI UVL l LEGAL DESCRIPTION FOR ZAMZO W S ANNEXATION A Parcel of land located in the Southeast 1/4 of the Southwest 1/4, of Section 16, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho. Being further described as follows: BASIS OF BEARINGS: The line between the West 1/16 Corner and the South 1/4 Corner of Section 16. Township 3 North, Range 1 East, Boise Meridian, derived from found monuments and taken as South 89°3946" East with the distance between monuments found to be 1332.37 feet. BEGINNING at the West 1/16 Comer being the Southwest corner of the Southeast 1/.4 ofthe Southwest 1/4 of Section 16, Township 3 North, Range 1 East, Boise Meridian; thence North 00°45'03" West a_ distance of 439.88 feet;, thence South 89°39'31" Fast a distance of 333.39 teat to the centerline of Jade Avenue; thence along said centerline South 00°20'29" West a distance of439.77feet to the South line of said Southeast 1/4 of the Southwest 1/4; thence along said South line North 89°39'46" West a distance of 325.00 feet to the POINT OF BEGINNING. Said Parcel containing 14.4,774 square feet or 3.32 acres, more or less and is subject to all existing easements and rights -of -ways of record or implied. END OF DESCRIPTION Russell E. Badgley, P.L.S. 12458 Timberline Surveying 847 Park Centre Way, Suite 1 Nampa, Idaho 83651 (208) 465-5687 MAR 0 9 2007 public 11�,rr oDspt. U;M5-07Uewd Sub - Zamz WM5UrvcylL,GGAISIZwLw\vs Mnm 4unAng CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER &ECEIVED JUL 10 2W7 Ci Of eridian Office (//;���T//�Y(J//5j/�Srj1 , 4 ,i. /may//�/ eI id4r r 1 IDAHO Y In the Matter of the Request for Annexation and Zoning of 3.32 acres from R1 to C -G, by J. R., LLC. Case No(s). AZ -07-008 For the City Council Hearing Date of: June 26, 2007 (Findings on the July 10, 2007 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hewing date of June 26, 2007, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of June 26, 2007, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of June 26, 2007, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of June 26, 2007, 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 August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. CTTY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -07.008 0 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 Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description and provisions of the Development Agreement, all in the attached Staff Report for the hearing date of June 26, 2007, 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 Annexation and Zoning request as evidenced by having submitted the Legal Description, prepared by Russell Badgley, stamped/dated 3/8/07, is hereby conditionally approved; 2. The properties described in the Annexation legal description shall be zoned C -G as recommended by Staff and approved by the City Council; 3. A Development Agreement is required with approval of the subject annexation application and shall include the provisions noted in Exhibit B of the attached Staff Report for the hearing date of June 26, 2007, incorporated by reference. D. Attached: Staff Report for the hearing date of June 26, 2007. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -07-008 • 0 By action of the City Council at its regular meeting held on the 07— day of 2007. COUNCIL MEMBER DAVID ZAREMBA COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) VOTED r/ OEM.- VOTED _�(� VOTED VOTED,^— VOTED Co Attest: BEAL - William G. Berg, Jr., Ci Cl Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney. B V— Dated: City Clerk CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -07-008 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NNE 26, 2007 STAFF REPORT HEARING DATE: June 26, 2007 TO: Mayor & City Council FROM: Sonya Watters, Associate City Planner (208) 884-5533 SUBJECT: Zamzow's Overland • AZ -07-008 rrrr nF., 1 iv.,rio Annexation and Zoning of 3.32 acres from RI (Ada County) to C -G (General Retail and Service Commercial). • DES -07-004 Design Review for a structure on property adjacent to an entryway corridor. L SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, J. R., LLC, has requested Annexation and Zoning (AZ) approval of 3.32 acres from Rl (Ada County) to C -G (General Retail & Service Commercial District). Design Review (DES) approval is also requested because the location of the proposed structure is adjacent to an entryway corridor. The subject property is located on the northwest corner of E. Overland Road and S. Jade Avenue, in the southwest V4 of Section 16, Township 3 North, Range 1 East, B.M. The subject property is within the City's Area of Impact and Urban Service Planning Area. Approval of the subject AZ & DES applications would allow the applicant to obtain a commercial zone and construct a new 13,334 square foot retail facility for Zamzow's (pending CZC and Building Permit issuance). The applicant is also proposing to lease retail spaces in the subject building consisting of 5,152 square feet. The retail spaces are proposed to be attached to the main Zamzow's building. According to current City Code, retail stores are principal permitted uses in the proposed C- G zone (UDC Table 11-2B-2). The Applicant has not submitted a subdivision application at this time. However, the Applicant has submitted a concept plan for how the subject property may develop, and elevations for what the future building will look like. The applicant has requested DR approval at this time because the proposed structure will be located adjacent to an entryway corridor and the elevations approved with this application should comply with design standards. Staff has reviewed both the concept plan and the elevations and has included DA provisions in the staff report related to the submitted applications (AZ and DES). 2. SUMMARY RECOMMENDATION The subject AZ & DES applications were submitted to the Planning Department for concurrent review. Per UDC 11-5A-2, the Planning & Zoning Commission is required to make a recommendation to the Council on AZ applications; the Commission is not required to make a recommendation on DES applications. However, the Commission may review and make comments on the DES application, as this application is significant to the proposed development of this property. Any comments related to the subject applications (AZ -07-008 & DES -07-004) will be included in the Commission's recommendation to the Council. Staff its recommending approval of the Zamzow's Overland application (AZ -07-008 & DES -07404) with a Development Agreement for the project Zwmws Overland AZ -07-008 & DES -07-004 Page l CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 26, 2007 a. Summary of Commission pubuc Hearing: L ft -1110r: Darin Eisenbarth (President of Zamaow's) and Poug &M - - (Construction Manager for Zamxow's) if. In opposition: None Commenting: No iv. Written IMAM= None V. Staff presenting aD tion: Sonya Watters Vi- Other dill comma) • g on spg6Cation;N_ L Key lssne(s) of Discussion by Commission: L Esibility of the si kom Ovcrlagdoa �. Key Commission Chanee(s) to Staff Recommendation: security cameras Dear the entramce of the development Outs Wiftg Issue(s) for City Council: i. Aplicant's agent (see knewr submitted by Darin Eisen arth dated Mary -2 2001) for Cfty Connell approval of the follow items: jstaft"s response in i • City acceptance of the Certiflcate of Zoning Comnlfance (CZC) application the day afte CoWA angroves the, associated ordinance and development agreement fty icalh►. the Planning Department WY not accent a CZC ayyi cation until afmr the ordinance is Published in the newspaper, making the AZ Q cial). S ai eAn to accent the CZC aDnlication anytime after the Council hearing on the annexation and Prior t_o :he adoption of the annexation ordinance and dvW Pment agreement • Issuance of the CZC by the Planning Department within one week of receipt of the application. Normal Processing gge for QC's ft S-7 business dans, as requested by the Applicant • City acceptance of the building permit anDlication and associated documents bug&g Permit annlicadons arg not, acmwd by the Buil w Depart- nt until that is notrQpriate. nor is it in the best Interest of the Applicant or the City, to process the CZC and the builAw hermit concurrenth& Issuance of an early start foundation permit by the Building Department within one week of baUAft permit a2q&i ion submittal contingent upon t6e�r�bea'n no Major design. ane g issues associated with the jEork anthoriaed by tbg foundation permit. Typically, early start Please see Stalj"''s response to the Applicant's request in the memo dated June S, 2007 to Council for more information. Zamzows Overland AZ -07-008 & DES -07-004 Page 2 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF .TUNE 26, 2007 3. PROPOSED MOTION Approval After considering all Staff, Applicant, and public testimony, I move to approve File Number AZ -07- 008 (and DES -07.004 optional) as presented in the staff report for the hearing date of June 26, 2007, with the following modifications to the proposed development agreement: (add any proposed modifications) Denial After considering all Staff, Applicant, and public testimony, I move to deny File Number AZ -07-008 (and DES -07-004 optional) as presented during the public hearing on June 26, 2007, for the following reasons: (you should state specific reasons for denial of the annexation request) Continuance After considering all Stag Applicant, and public testimony, I move to continue File Number AZ -07- 008 (and DES -07-004 optional) to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 3620 & 3650 E. Overland Road and 1545 S. Jade Avenue (Lots 1-3, Block 1, Jewel Subdivision) Northwest corner of E. Overland Road and S. Jade Avenue Southwest''/. of Section 16, Township 3 North, Range 1 East b. Property Owner of Record: J. R., LLC 1201 Franklin Boulevard Nampa, Idaho 83687 c. Applicant: Same as owner d. Representative: Douglas Zamzow, Zamzow's Inc. e. Present Zoning: RI (Ada County) f. Present Comprehensive Platt Designation: Low Density Residential Z==ws Overland AZ -07-M & DES -07-004 Page 3 CITY OF MERIDIAN PLANNING DEP. ENT STAFF REPORT FOR THE HEARING, D• OF ]UNE 26, 2007 g. Description of Applicant's Request: The Applicant is requesting approval for Annexation and Zoning of 3.32 acres from RI to C -G and Design Review for a structure adjacent to an entryway corridor. h. Applicant's Statement / Justification: The Applicant's narrative states, "J. R., LLC (Zamzow's) plans to improve the existing property on Overland Road by constructing a new retail store facility and a shell/core facility for leasable retail spaces. The design and engineering of these improvements will be done by licensed professionals to meet all current code requirements. J. R., LLC and Z.amzow's sincerely feel that the above described improvements will add to the success and flavor of the surrounding area and the City of Meridian." (See Applicant's narrative for more information.) 5. PROCESS FACTS a. The subject application will, in fact, constitute an annexation as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. b. Newspaper notifications published on: April 30, 2007 and May 14, 2007 (Commission); June 4. 2007 &_June 1L, 2.007 (City Cguncill c. Radius notices mailed to properties within 300 feet on: April 20, 2007 (Commission); Jute 1. X97 LC 'tv Coin d. Applicant posted notice on site by: April 30, 2007 (Commission); Juge 15, 2007 (City Counc;M 6. LAND USE a. Existing Land Use(s): There are existing homes and outbuildings on the site that will be removed upon development of the property. b. Description of Character of Surrounding Area: This property is located near a highly -trafficked intersection with commercial development proposed to the west and commercial properties across Overland Road to the south. There are existing residences in Jewel Subdivision to the north and east of this site. c. Adjacent Land Use and Zoning: North: Existing residences in Jewel Subdivision, zoned R1 (Ada County) South: Commercial property (Silverstone Subdivision), zoned C -G East: Existing residences in Jewel Subdivision, zoned RI (Ada County) West: Vacant property, zoned C -G d. History of Previous Actions: This property is zoned R1 in Ada County and was previously platted as Lots 1-3, Block 1, of Jewel Subdivision and developed with residential homes in the County. e. Existing Constraints and Opportunities: 1. Public Works Location of sewer: There is currently sewer stubbed off of South Jade Ave approximately 60 feet north of East Overland road. Location of water: There is currently water stubbed off of South Jade Ave approximately 60 feet north of East Overland road. Issues or concerns: The applicant shall be responsible to install water and sewer mains to and through this development. Zw=ws Overland AZ -07-008 & DES -07-004 Page 4 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 26, 2007 2. Vegetation: There are some existing trees on the subject property that should either be preserved or mitigated for at the time of development. 3. Floodplain: A portion of this site along the north and northeast property boundaries is located within the floodway. A large portion of the north half of this site is also located within the 100 year and 500 year floodplains, in flood zones AE and X5, respectively. 4. Canals/Ditches/hrigation: The Five Mile Creek rims along the north and northeast boundaries of this property. 5. Hazards: Vehicular access to this site - This site has frontage on Overland Road and S. Jade Avenue. ACRD has not evaluated access on this site, as no development application was submitted concurrently with the subject annexation request. Staff can not guarantee the access proposed from S. Jade Avenue will be approved by ACHD Staff. Planning Staff is not aware of any other potential hazards on this site. 6. Proposed Zoning: C -G 7. Size of Property: 3.32 acres f. Summary of Proposed Streets and/or Access: Although no development is proposed at this time, the conceptual development plan submitted with this application shows a driveway access to S. Jade Avenue, a local street. The proposed driveway is located on the east property boundary, approximately 105 feet north of the south property line. Additionally, a driveway stub to the west is proposed for future connection to the planned Silverstone Avenue, along the west property boundary. No access points to Overland Road are proposed or approved with this application. Staff is supportive of the general location of the proposed access points to this site. However, Planning Staff can not guarantee that the proposed access points will be granted by ACRD In the location shown on the plan. ACED will review the proposed access points to the site upon submittal of a development application. g. Landscaping: 1. Width of street buffer(s): Per City Code (UDC Table 11-213-3), a 35 -foot wide landscape street buffer is required adjacent to E. Overland Road, an arterial street and entryway corridor. A 10 -foot wide landscape street buffer is required adjacent to S. Jade Avenue, a local street. 2. Width of buffer(s) between land uses: Per City Code (UDC Table 11-2B-3) a 25 -foot wide landscape buffer is required between C -G zoned properties and residential uses. There are existing residential uses to the north of this site. 7. COMMENTS MEETING On April 27, 2007, Planning Staff held an agency comments meeting. The agencies and departments present included: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions in the attached Exhibit B. However, because this request is only for annexation, comments are for informational purposes only. 8. COMPREHENSIVE PLAN POLICIES AND GOALS The 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Low Density Residential." The applicant is proposing a commercial zone (GG) rather than a low density residential zone, as designated for this property. Further, the applicant is not applying for a Comprehensive Plan Map Amendment for the following reason: The Comprehensive Plan (page 98) states that "the areas depicted on the Future Land Use Map are conceptual and, therefore, will require further analyses prior to the creation of a zoning map." Staff believes that a map amendment is not necessary and that the requested C -G zone and commercial use of this property would be more Zamzows Overland AZ -07.008 & DES -07-004 Page 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 26, 2007 appropriate than a residential designation for the reasons stated below in Section 10, Analysis, for the AZ application. Per page 105 of the Comprehensive Plan, "Commercial" areas are anticipated to "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." Staff finds that the proposed for this property generally conforms to this stated purpose and intent of the commercial designation within the Comprehensive Plan. Staff finds the following Goals, Objectives, and Action items contained in the 2002 Comprehensive Plan to be applicable to this application (Staff analysis is in italics below policy): • Chapter 'VII, Goal IV, Objective D, Action 2 - "Restrict curb cuts and access points on collectors and arterial streets." On the submitted conceptual development plan, the Applicant is proposing a single access to Jade Avenue, a local street, approximately 220 -feet north of Overland Road. A stub driveway is also provided at the west property boundary for future cross -access. ACILD has not yet reviewed or approved access to the site. City Staff is supportive of the proposed access to this site, as/if allowed by ACID. • Chapter VII, Goal IV, Objective D, Action 4 - "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." Overland Road is classified as an arterial street and is designated as an entryway corridor into the City. By City Ordinance, 35 foot wide landscape buffer is required adjacent to Overland Road and a 10 -foot wide buffer is required adjacent to Jade Avenue. • Chapter V, Goal III, Objective D, Action 5 - "Require all commercial businesses to install and maintain landscaping." The Applicant is not spec 6cally proposing to install any landscaping with the subject annexation application. Upon development of this site, the Applicant will be required to construct internal and perimeter landscaping. Said landscaping must be installed prior to Certificate of Occupancy of the proposed building on this site. • Chapter N, Goal I, Objective A, Action - `Permit new... commercial development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." This property is contiguous to the City and sanitary sewer and water are readily available. • Chapter VIi, Goal 1, Objective B - "Plan for a variety of commercial and retail opportunities within the Impact Area." Staff believes that the proposed zone, which allows retail uses, does contribute to the variety of uses in this area which include: offices, restaurants, retail stores, coffee shops, and single- family homes. Staff finds that the proposed Zoning to C -G is harmonious Wth and in accordance with the Comprehensive Plan. Staff recommends that the Commission and Council rely on Staffs analysis, other agency/department comments, and any other comments received regarding the appropriateness of Zoning this site for retail stores. 9. UNIFIED DEVELOPMENT CODE a. Allowed Uses in the Commercial Districts: UDC Table 11-2B-2 lists the permitted, accessory, and conditional uses in the C -G zoning district. Retail Stores are listed as principal permitted uses in the C -G zone. Zamzews Overland AZ -07408 & DES -07.004 Page 6 • 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 26, 2007 b. Purpose Statement of Zone: The purpose of the Commercial Districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four Districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: AZ Applicadou: Approval of the subject annexation application would allow the Applicant to obtain a commercial (C -G) zoning designation for the subject property. According to current City Code, retail stores are principal permitted uses in the proposed C -G zone. The Applicant has submitted a conceptual development plan and building elevations showing how this site will redevelop with a single 18,486 square foot retail building, parking, and access to the site. The Comprehensive Plan Future Land. Use Map designation for this property is Low Density Residential. The applicant is proposing a commercial zone, rather than a low density residential zone as designated for this property. As noted above, the Comprehensive Plan (page 98) states that "the areas depicted on the Future Land Use Map are conceptual and, therefore, will require further analyses prior to the creation of a zoning map" Staff believes that a Comprehensive Plan map amendment is not necessary and that the proposed C -G zone and commercial use of this property would be more appropriate than a residential designation for the following reasons: 1) the properties directly adjacent to the site on the west and south are zoned C -G and designated as Commercial on the future land use map; 2) the site is located on the corner of Overland Road and Jade Avenue, which provides a good location for commercial property and an access point that is not on an arterial street; 3) a large portion of the homeowners within Jewel Subdivision have been pursuing the sale and commercial redevelopment of their properties through realtors; 4) the proximity of this property to a major intersection (Engle & Overland) with heavy traffic flows; and 5) a large portion of this property and surrounding properties to the north, northwest, and northeast lie within the 100 -year and 500 - year floodplain and the floodway of the Five Mile Creek, making residences an unappealing use. However, because there are existing residences to the north and east of this site, and because the Future Land Use Map does designate this property for low density residential use, Staff recommends that the Commission and Council rely on any comments received from neighbors regarding the appropriateness of zoning this site commercially for retail stores. Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed concept plan with the UDC for the C -G zone, Staff believes that the zoning of this site to C -G is in the best interest of the City. Please see Exhibit C for detailed analysis of facts and findings. The annexation legal description submitted with the application (stamped March 8, 2007, by Russell E. Badgley, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. Conceptual Site Plan: The applicant has submitted a concept plan for this site. The site is required to comply with the design standards listed in UDC 11.3A-19 because of the property's location adjacent to an entryway corridor. The applicant has submitted a Design Review (DES) application as required, with the subject AZ application. The concept planshows one building consisting of 13,334 square feet for the Zarnzow's retail store and 5,152 square feet for tenant retail shops (18,486 square feet total). The building is located on the northwest corner of E. Overland Road and S. Jade Avenue with parking proposed on the north side of the building. Staff is generally supportive of the submitted conceptual site plan for this property with the comments stated in this report. All parking stalls, drive aisles, landscaping, buffers, sidewalks, lighting, Zamzows Overland AZ -07.008 & DES -07-004 Page 7 0 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 26, 2007 signage, building height and building setbacks for this site should comply with the applicable provisions and dimensional standards set forth in the Unified Development Code for the C -G zone. Building Elevations: The building elevations submitted with this application prepared by Richard F. Sinnard, Architect (Sheet Number A4.1 and dated March 22, 2007), are required to comply with the design standards listed in UDC 11-3A-19 because of the property's location adjacent to an entryway corridor. Staff has reviewed the elevations and find that they will meet the design standards outlined in UDC 11-3A-19 listed below if the Applicant complies with Staffs comments noted below. However, Staff is concerned about the appearance of the east elevation facing Jade Avenue, which is visible from Overland Road. The concept plan shows a Cr -foot tall screen wall adjacent to the east end of the building. While this will help screen the loading area, Staff is concerned about the appearance of the east elevation from the street. Staff is requesting that the Applicant address at the hearing how the east end of the building/she will be designed (Le. landscaping and/or any design features proposed for this area that will enhance the view) and bring an illustration of the east end of the site as seen from Overland Road. Additionally, the Police Department has noted in Exhibit B that they have concerns that the proposed development does not offer natural surveillance opportunities of the public areas. Further, the Police Department requests that prior to the City Council public hearing, the applicant meet with the Police Chief and/or Planning Staff to discuss features that increase visibility, including but not limited to: doors and windows that look out on the public areas, front porches, and adequate nighttime lighting. The Applicant might consider flipping the east and west eleva&m so that the retail shops are on the east end, with Zamzow's on the west end, to provide a better appearance of the development from Overland with more windows and no loading area. Because the retail shops are recessed from the Zamgow's store front this would also create a more open view of the site from Overland far survelAance purposes, as requested by the Polies Department. The detailed site plan and building elevations submitted with any CUP and/or CZC application for this site shall substantially comply with the conceptual site plan and building elevations submitted to the City as shown in Exhibit A of this staff report, and with the requirements of the subject Development Agreement, and with any revisions that the Police Department, Planning Department and/or City Council may have, as noted above. Existing Structures and Uses: There are currently residential homes on this property that will be removed upon development of the site. Access: The conceptual development plan submitted with this application shows a driveway access to S. Jade Avenue, a local street. The proposed driveway is located on the east property boundary, approximately 105 feet north of the south property line. Additionally, a driveway stub to the west is proposed for future connection to the planned Silverstone Avenue, along the west property boundary. No access points to Overland Road are proposed or approved with this application. Staff is supportive of the general location of the proposed access points to this site. However, Planning Staff can not guarantee that the proposed access points will be granted by ACHD in the location shown on the plan. ACHD will review the proposed access points to the site upon submittal of a development application. Hours of Operation: The applicant stated in the application that the hours of operation for the businesses on this site will be from 8 am to 8 pm, seven days a week. Landscaping: East Overland Road is classified as an arterial roadway and an entryway corridor into the City; as such, a 35 -foot wide landscape buffer is required along Overland. South Jade Avenue is classified as a local street; as such, a 10 -foot wide landscape buffer is required along Jade. There are existing residential uses to the north and east of the site; a 25 -foot wide landscape buffer is required between C -G zoned property and residential uses (UDC Table 11-2B-3). All Z. mmws Oval and AZ -07-008 & DES -07-004 Page 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DA• TE OF ]rCINE 26, 2007 landscape buffers will be required by the City with future CUP/CZC approval and shall be installed prior to issuance of Certificate of Occupancy. Multi -Use Pathway: The proposed pathway network plan shows a portion of the City's multi- use pathway running along the southwest corner of this site. A 10 -foot wide multi -use pathway will most likely be required on this property, with the exact location to be determined with the approval of the Pathways Master Plan. Floodplain: A portion of this site along the north and northeast property boundaries is located within the floodway. A large portion of the north half of this site is also located within the 100 - year and 500 -year floodplain, in flood zones AE and X5, respectively. The proposed building location is outside of this area. Any work or improvement within the floodway or floodplain on this property shall file a floodplain development application with the City of Meridian Public Works Department prior to commencement of the work. Parking: For commercial uses, off-street parking stalls are currently required at the rate of one space per 500 square feet of gross floor area (UDC 11 -3C -6B). Parking on the site will be reviewed for compliance with UDC standards at the time of CUP/CZC approval. Also, no linear grouping of parking spaces shall exceed twelve (12) in a row, without an internal planter island per UDC 11-311-8C. Staff has reviewed the parking, drive aisles, and planter islands shown on the conceptual site plan and they appear to meet the aforementioned UDC requirements. Development Agreement: UDC 11 -5B -3D2 provides the Planning & Zoning Commission and City Council the authority to require a property owner to enter into a Development Agreement with the City of Meridian that may require some written commitment for all future uses. Due to the proposed use and the adjacent residential uses, Staff believes that a Development Agreement is necessary to ensure that this property is developed in a fashion that is consistent with the Comprehensive Plan and does not negatively impact nearby properties. If the Commission or Council feel additional development agreement requirements are necessary, Staff recommends a clear outline of the commitments of the developer being required. A Development Agreement (DA) will be required as part of an 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. The Applicant shall contact the City Attorney, Bill Nary, at 888-4433 within six months of Council approval to initiate this process. The DA shall include, at minimum, the following: • All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. • The site shall comply with all of the design standards listed in UDC 11 -3A -19C, including the following: A continuous internal pedestrian walkway that is a minimum of eight feet in width shall be provided to the main building entrance from the perimeter sidewalk along Overland Road, Jade Avenue, and from the west property boundary for future connection to the planned sidewalk and street (Silverstone Avenue) adjacent to the west property boundary. Further, the required walkway to Jade Avenue should be distinguished from the vehicular driving surface through the use of pavers, colored or scored concrete, or bricks. • The applicant shall be responsible to obtain a Certificate of Zoning Compliance (CZC) permit from the Planning Department for all new construction on the subject property. • The detailed site plan and building elevations submitted with any CUP and/or CZC application for this site shall substantially comply with the conceptual site plan and building elevations submitted to the City as shown in Exhibit A of this staff report and with the requirements of the subject Development Agreement. Zamzows Overland AZ -07408 & DES -07.004 Page 9 CITY OF MERIDIAN PLANNING DEP RT E+NT STAFF REPORT • FOR THE HEARING DATE OF JUNE 26, 2007 • The applicant shall be responsible for all costs associated with sewer and water service installation. • Direct access to this site from Overland Road shall be prohibited. Access to the site shall be provided from Jade Avenue and a driveway access to the west property line for future connection to the planned Silverstone Avenue shall be provided as shown on the conceptual development plan submitted with this application. • A minimum 35 -foot wide landscape buffer will be required and shall be constructed along the entire frontage of E. Overland Road in accordance with UDC 11-3B-7, when, a CUP and/or CZC is reviewed and approved in the future. • A minimum 10 -foot wide landscape buffer will be required and shall be constructed along the entire frontage of S. Jade Avenue in accordance with UDC 11-3B-7, when a CUP and/or CZC is reviewed and approved in the future. • A minimum 25 -foot wide landscape buffer shall be constructed adjacent to any existing residential uses which abut this site in accordance with UDC 11-3B-9, when a CUP and/or CZC is reviewed and approved in the future. • At the tune of CUP and/or CZC approval, a 10 -foot wide multi -use pathway will be required on this property, subject to adoption of the Pathways Master Plan. • Sidewalks shall be constructed along E. Overland Road and S. Jade Avenue. • Any work or improvement within the floodway or floodplain on this property shall file a floodplain development application with the City of Meridian Public Works Department prior to commencement of the work. • The applicant shall complete all required improvements prior to obtaining a Certificate of Occupancy for any new use or change in use of the site. DES Application: Because the subject property is located adjacent to an entryway corridor, all structures proposed for the site are subject to the design standards listed in UDC 11 -3A -19C, as follows (staff analysis in italics): 1. Architectural Character: a. Facades: Facades visible from a public street shall incorporate modulations m the fagade, roof line recesses and projections along a minimum of twenty percent (20%) of the length of the facade. The favade visible from Overland Road has modulations in the faFade, roof line recesses, and projections that meet this requirement (38%). The fapade visible from Jade Avenue has modulations in the parapet that comply with this requirement (37% modulation in height). b. Primary public entrance(s): The primary building entrance(s) shall be clearly defined by the architectural design of the building. Windows, awnings, or arcades shall total a minimum of thirty percent (30%) of the facade length facing a public street. The primary building entrance for Zanwow's is defined by a tower (silo) element facing the parking area. The building entrances for the tenant spaces are defined by an awning over each of the entrances. The windows and awnings shown on the south elevation (Overland exposure) and the east elevation (Jade exposure) exceed the required 30°x6 of the fagade. C. Roof lines: Roof design shall demonstrate two or more of the following. a) overhanging eaves, b) sloped roofs; c) two (2) or more roof planes; d) varying parapet heights; and e) cornices. The proposed roof design incorporates 2 roof Zanwws Ovw1and AZ -07-M & DES -07-004 Page 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEAIUTVG DATE OF JUNE 26, 2007 planes, two parapet heights, and a 2 -foot tall cornice created by different size, color and finish of block, which complies with this requirement. d. Pattern variations: At least two (2) changes in one (1) or a combination of the following shall be incorporated into the building design: color, texture and/ materials. The building design incorporates integral colored CMU (concrete masonry unit), glass, steel and corrugated metal. The main walls of the building are constructed of smooth face, split face, and ground face block in 8, 10, and 12 inch sizes with four difference colors, which complies with this requirement. e. Mechanical equipment: All ground -level and rooftop mechanical equipment shall be screened to the height of the unit as viewed from the property line. All mechanical equipment will be screened by the parapet as required. 2. Color and materials: Exterior building walls shall demonstrate the appearance of high- quality materials of stone, brick, wood or other native materials. Acceptable materials include tinted or textured masonry block, textured architectural coated concrete panels, tinted or textured masonry block, or stucco or stucco -like synthetic materials. Smooth - faced concrete block, tilt -up concrete panels, or prefabricated steel panels are prohibited except as accent materials. The building is proposed to be constructed primarily of integral CMU with various finishes and textures, with steel and corrugated metal as accent materials, which complies with this requirement. 3. Parking Lots: No more than seventy percent (70%) of the off-street parking area for the structure shall be located between the front *,ade of the structure and abutting streets, unless the principal building(s) and/or parking is/are screened from view by other structures, landscaping and/or berms. None of the of -street parking is located between the front f igade of the structure and abutting streets, which complies with this requirement. 4. Pedestrian walkways: a. A continuous internal pedestrian walkway that is a minimum of eight feet (8') in width shall be provided from the perimeter sidewalk to the main building entrance. The walkway width shall be maintained clear of any outdoor sale displays, vending machines, or temporary structures. An 8 -foot wide walkway is proposed from the main building entrances to the sidewalk along Jade Avenue. Additionally, a walkway that meets the above stated requirements should be provided to the sidewalk along Overland Road and the future sidewalk along the road planned adjacent to the west property boundary (Silverstone Avenue). b. The internal pedestrian walkway shall be distinguished from the vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks. The internal pedestrian walkway that is required to the west property line and Overland Road do not cross any driveways. The required walkway to Jade Avenue should be distinguished frost the vehicular driving surface as noted above. c. Walkways at least eight feet (8) in width, shall be provided for any aisle length that is greater than one -hundred fifty (150) parking spaces or two hundred feet (200') away from the main building entrance. Less than I SOparking spaces are provided on this site and all parking spaces are within 200 feet of the building entrances. This requirement is not applicable to this site. d. The walkways shall have weather protection (including but not limited to an awning or arcade) within twenty feet (20') of all customer entrances. The elevations show an awning over the entrances of all of the tenant spaces and a silo design feature over the entrance to Zamow's, which complies with this requirement. Zamzows Ovw1and AZ -07408 & DES -07.004 page I I 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 26, 2007 Certificate of Zoning Compliance: The purpose of a Certificate of Zoning Compliance (CZC) permit is to ensure that all construction, alterations and/or the establishment of a new use complies with all of the provisions of the UDC before any work on the structure is started and/or the use is established (UDC 11 -5B -1A). To ensure that all of the requirements of the Development Amt as listed in Exhibit B are complied with, the Applicant will be required to obtain CZC approval from the Planning Department prior to building/parking lot construction, and all improvements must be installed prior to occupancy. b. Staff Recommendation; Staff recommends approval of the subject application AZ -07-008 (and DES -074104) with the Development Agreement provisions listed in the in Exhibit B of the Staff Report for the hearing date of May 17, 2007. Te Meridian Planning & Zonina Commission heard this item on MIX 17 2007. At the public hearing they moved to 11. EXHWITS A. Drawings 1. Vicinity/Zoning Map 2. Conceptual Development Plan (dated: 5/4/07) 3. Conceptual Building Elevations (dated: 5/4/07) B. Agency and Department Comments C. Legal Description D. Required Findings from Unified Development Code Zarnmws Overland AZ -07-008 & DES -07-004 Page 12 CITY OF MERIDIAN PLANNMNG D• TMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 26, 2007 A. Drawings 1. Vicinity/Zoning Map Exhibit A Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 26, 2007 2. Conceptual Development Plan (dated. 5/4/07) N17wf N'ONMI111gN ; aL �• — . -- loon.. t ,_ _4 1!1"1 war Exhibit A Page 2 July 13, 2007 MERIDIAN CITY COUNCIL MEETING July 17, 2007 APPLICANT ITEM NO. S -K REQUEST Water Easement Agreement for Paramount Properties AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. RECEIVED JUL t o 2007 City Of Meridian City Clerk Office Memo To: Will Berg; Tara Green From: Kyle Radek, P.E., Staff Engineer k2 CC: File Data July 6, 2007 Re: Proposed Agenda Item for July 17, 2007 City Council Meeting The Public Works Department respectfully requests the following items be placed on the July 17 City Council agenda, under Consent Agenda, for Council's consideration: Water Main Easements for Paramount properties on Meridian and McMillan Road The agreements provide permanent easements for installation and maintenance of water mains providing service to the parcels as shown on roadway construction plans for Intersection, Meridian and McMillan Roads. Recommended Council Action: The Public Works Department recommends that City Council approve the Agreements for water main easements on Paramount properties adjacent to Meridian and McMillan Roads as shown on roadway construction plans for Intersection, Meridian and McMillan Roads. 0 Page 1 ADA COUNTY RtUUKUtK J. UAVIU NAVAKKU AMUUNI A • BOISE IDAHO 07127/07 12:0 DEPUTY Lisa Irby RECORDED -REQUEST OF III IIII II I II II I I I IIIIIIII III Meridian City 107106313 WATER MAIN Etiar.lvlr.ly t THIS INDENTURE, effective this f '� day of May, 2007, between PARAMOUNT, LLC, the parry of the first part, and hereafter called the "GRANTOR", and the CITY OF MERIDIAN, Ada County, Idaho, the party of the second part, and hereafter called the "GRANTEE"; WITNESSETH: WHEREAS, the Grantor desires to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the construction, operation, maintenance, repair, and replacement of a water main over and across the following described property: A 27' permanent easement adjacent to McMillan Road between STA 100+93.60 and STA 101+13.60 as referenced on the McMillan / Meridian Roadway Improvements Project final plan set dated May 11, 2007. The easement hereby granted is for the purpose of construction and operation of a water line and allied facilities, together with maintenance, additional connection thereto, repair and replacement 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, its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of easement and adjacent property to that existent prior to undertaking such construction, repairs and replacement. 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 Grantor does 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. Water Main Easement THE Grantor does hereby covenant with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. The Grantors do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the parties of the first part have hereunto subscribed their signatures the day and year first hereinabove written. GRANTOR: PARAMO go STATE OF IDAHO ) ss County of Ada ) W. Turnbull, Managing Member On this 4ay of , 2007, before me the undersigned, a Notary Public in and for said State, person y aeared j L)Y'V'\ 6100— know or identified to me to be the Managing Member of the limited liability company that executed the within instrument, and acknowledged to me that such limited liability company executed the same. Water Main Easement NOT'AR PUBLIC FOR Residing at WA My Commission Expires on_ //. el . &/ 9 GRANTEE: CITY OF MERIDIAN Tammy de, W Attest by: William G. Berg, JrvCity Clerk Approved by City Council on: -;7-1 STATE OF IDAHO ) ss County of Ada ) ;- ° o XL /���rrrrrawak rss�ag19``d� On this ,��� da f �� � Y o , 2007, before me the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and WILLIAM G. BERG, JR., known or identified 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. (SEAL) ;OT''=N: • `ft-- A ma i �V Water Main Easement NOTARY PUBLIC FOR IDAHO Residing at 01'2 My Commission Expires on %�.' -jS - ll �. vnriv nnrniinv Affluu ll UU 3 BOISE IDAHO 07/27/07 12:04 PM DEPUTY RECORDED 8 REQUEST OF SII I I I II Ililil I IIIII III II IIIIIIIII I III Meridian City 107106314 WATER MAIN EASEMENT THIS INDENTURE, effective this �_ day of May, 2007, between PARAMOUNT, LLC, the party of the first part, and hereafter called the "GRANTOR", and the CITY OF MERIDIAN, Ada County, Idaho, the party of the second part, and hereafter called the "GRANTEE"; WITNESSETH: WHEREAS, the Grantor desires to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the construction, operation, maintenance, repair, and replacement of a water main over and across the following described property: A 35' permanent easement adjacent to Meridian Road between STA 33+09.12 and STA 33+29.12 as referenced on the McMillan / Meridian Roadway Improvements Project final plan set dated May 11, 2007. The easement hereby granted is for the purpose of construction and operation of a water line and allied facilities, together with maintenance, additional connection thereto, repair and replacement 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, its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of easement and adjacent property to that existent prior to undertaking such construction, repairs and replacement. 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 Grantor does 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. Water Main Easement THE Grantor does hereby covenant with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. The Grantors do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the parties of the first part have hereunto subscribed their signatures the day and year first hereinabove written. GRANTOR: PARAMOUNJ; LLC W. Turnbull, Managing Member STATE OF IDAHO ) ss County of Ada ) On this ZZ�kay of , 2007, before me the undersigned, a Notary Public in and for said State, personall pp ed a11G1) i D VJ 00 Yr-, btx� , known or identified to me to be the Managing Member of the limited liabili company that executed the within instrument, and acknowledged to me that such limitebility company executed the same. Water Main Easement NOT R IDAHO My Commission Expires on GRANTEE: CITY OF MERIDIAN Tammy de Wee , ayor Attest by: William G. Ber , Jr., City Clerk Approved by City Council on: STATE OF IDAHO ) ss County of Ada ) 0 On this 2541day of2007, before me the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and WILLIAM G. BERG, JR., known or identified 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. (SEAL) ••' Qw1j•••• �0T;i4 r neverr Water Main Easement ShCc 7 0'-� '�' Yl-'� NOTARY PUBLIC FOR IDAHO Residing at My Commission Expires on l[" . July 13, 2007 Department Reports MERIDIAN CITY COUNCIL MEETING July 17, 2007 APPLICANT Legal Department ITEM NO. 6-A-2 REQUEST Discussion of Draft Ordinance for Garage Sales AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: \S j CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY A /V CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: / SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meefings shall become property of the City of Meridian. CITY OF MERIDIAN ORDINANCE NO. BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA AN ORDINANCE OF THE CITY OF MERIDIAN, AMENDING CHAPTER 4 OF TITLE 3 OF THE MERIDIAN CITY CODE, RELATING TO LICENSES FOR VENDORS, PEDDLERS, AND SOLICITORS; AND ADDING A NEW SECTION TO CHAPTER 2 OF TITLE 4 OF THE MERIDIAN CITY CODE, RELATING TO GARAGE SALES. WHEREAS, the applicability of Title 3, Chapter 4, Meridian City Code is determined in part by the fact whether a vendor, peddler, or solicitor is traveling by foot, motor vehicle, bicycle or any other type of conveyance; WHEREAS, as written, Title 3, Chapter 4, section 4, Meridian City Code regulates persons holding garage sales, yard sales, or similar sales at residences or places of business; therefore, does not relate to persons traveling either by foot, motor vehicle, bicycle or any other type of conveyance; and therefore, does not fit in Title 3, Chapter 4, Meridian City Code; WHEREAS, the City Council of the City of Meridian nonetheless finds it in the best interest of the public to regulate the time, place, and manner of garage sales, yard sales, or similar sales; and WHEREAS, the City Council finds that while garage sales, yard sales, or similar sales can be beneficial for fund-raising, community interaction, and reduction of solid waste, where the quantity or duration of such sales at one location is excessive, such sales can become a nuisance due to visual and physical clutter, increased vehicular and pedestrian traffic, elevated noise levels, parking congestion, the sale of stolen goods, and/or detraction from the tranquility and privacy of neighborhoods; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: SECTION 1: That Title 3, Chapter 4, of the Meridian City Code is amended to read as follows: 3-4-4: LICENSE REQUIRED; EXCEPTIONS: A. License Required: It shall be unlawful to act as a vendor, peddler, or solicitor, or to employ another in such business within the meaning and application of this Chapter, without first securing a license to do so from the City Clerk. B. Exceptions: GARAGE SALE ORDINANCE — Page 1 of 5 • 1. A person invited to the premises or place by the occupant or owner of the premises or place. 2. Any sales under a court order. 3. The sale of a newspaper subscription in which the seller is a person engaged in both the delivery and sale of the newspaper. 4. The occasional sale of admission by local school students to a function of their school or in support of a school program or fund raising sales by local service clubs or groups such as Optimists, Elks, Kiwanis, Rotary, Lions, Boy or Girl Scouts. 65. Any political group or candidate seeking funds, membership or support. -76. A bona fide auction sale. SECTION 2: That a new section of Chapter 2, Title 4 shall be enacted to read as follows: 4-2-9: GARAGE, YARD, AND SIMILAR SALES: A. Definition. For purposes of this section, the term GARAGE SALE shall be defined as follows: The sale, offer for sale, offer for trade, offer free of charge, or display for the purpose of selling, trading, or offering, of one (1) or more items of used or unwanted tangible personal property, including, but not limited to: clothing, household effects, tools, toys, recreation equipment, or other used or second-hand items customarily found in or about the home, where such sale, trade, offer or any portion thereof occurs at a residence or residential property. This definition shall include yard sales, basement sales, attic sales, movingsales, ales, tag sales, rummage sales, and other such sales known by terms which are synonymous with the term GARAGE SALE. This definition shall not include, and this section shall not apply to, sales specifically authorized by and conducted in conformity with statute or judicial order or conducted under judicial supervision, including, but not limited to, estate sales. B. Time of garage sales. It shall be unlawful for any person to conduct a garage sale at anv one (1) address: 1. At which four (4) or more garage sales have been conducted by any -person within the preceding three hundred sixty-five (365) days. GARAGE SALE ORDINANCE — Page 2 of 5 r-WITF.TPPIUMITI P" 65. Any political group or candidate seeking funds, membership or support. -76. A bona fide auction sale. SECTION 2: That a new section of Chapter 2, Title 4 shall be enacted to read as follows: 4-2-9: GARAGE, YARD, AND SIMILAR SALES: A. Definition. For purposes of this section, the term GARAGE SALE shall be defined as follows: The sale, offer for sale, offer for trade, offer free of charge, or display for the purpose of selling, trading, or offering, of one (1) or more items of used or unwanted tangible personal property, including, but not limited to: clothing, household effects, tools, toys, recreation equipment, or other used or second-hand items customarily found in or about the home, where such sale, trade, offer or any portion thereof occurs at a residence or residential property. This definition shall include yard sales, basement sales, attic sales, movingsales, ales, tag sales, rummage sales, and other such sales known by terms which are synonymous with the term GARAGE SALE. This definition shall not include, and this section shall not apply to, sales specifically authorized by and conducted in conformity with statute or judicial order or conducted under judicial supervision, including, but not limited to, estate sales. B. Time of garage sales. It shall be unlawful for any person to conduct a garage sale at anv one (1) address: 1. At which four (4) or more garage sales have been conducted by any -person within the preceding three hundred sixty-five (365) days. GARAGE SALE ORDINANCE — Page 2 of 5 C� J 2. At which a garage sale has been conducted by any person within the previous thirty (30) days. 3. For longer than three (3) consecutive dates. 4. Between the hours of 10:00 p.m. and 6:00 a.m. C. Manner of garage sales. 1. Persons conducting_ garage sales shall comply with all provisions of this chapter and any and all applicable provisions of law. 2. It shall be unlawful for any person to hold a garage sale on or at any vacant or unoccupied property and/or building except where facts exist to support the affirmative defense that such person: a. Is the owner of record of such property and/or building-, or b. Prior to such garage sale, has obtained written permission of the owner of such property and/or building for the garage sale which permission shall include - the scope of such permission, including specific reference to the date(s), address, and location of the garage sale; and the owner's notarized and dated signature. Any person claimingexemption xemption under subsections (a) or (b) of this section shall bear the burden ofrp oving that such exception applies. 3. Garage sales held by or for the benefit of charitable or non-profit organizations shall not be exempt from the provisions of this chapter. 4. It shall be unlawful for any person to conduct a garage sale in any manner which creates a hazard to public health or safety_ SECTION 3. That all ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. SECTION 4. That, pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect on 2007. GARAGE SALE ORDINANCE — Page 3 of 5 • PASSED by the City Council of the City of Meridian, Idaho, this day of .2007. APPROVED by the Mayor of the City of Meridian, Idaho, this day of , 2007. ATTEST: CITY CLERK APPROVED: MAYOR GARAGE SALE ORDINANCE — Page 4 of 5 n GARAGE SALE ORDINANCE — Page 5 of 5 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 07 - AMENDING CHAPTER 4 OF TITLE 3 OF THE MERIDIAN CITY CODE, RELATING TO LICENSES FOR VENDORS, PEDDLERS, AND SOLICITORS; AND ADDING A NEW SECTION TO CHAPTER 2 OF TITLE 4 OF THE MERIDIAN CITY CODE, RELATING TO GARAGE SALES. An Ordinance of the City of Meridian amending Chapter 4 of Title 3 of the Meridian City Code, relating to Licenses for Vendors, Peddlers, and Solicitors, and adding a new section to Chapter 2 of Title 4 of the Meridian City Code, relating to Garage Sales. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho Street, Meridian, Idaho. This Ordinance shall become effective upon passage and publication. City of Meridian Mayor and City Council By: William G. Berg, Jr., City Clerk First Reading: Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code § 50-902: YES NO Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 07 - The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 07- of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A(3). DATED this day of 12007. William. L.M. Nary City Attorney SUMMARY FOR GARAGE SALES ORDINANCE- PAGE 1 OF 1 E • July 13, 2007 Department Reports MERIDIAN CITY COUNCIL MEETING July 17, 2007 APPLICANT Planning Department ITEM NO. 6-C-1 REQUEST Update of Transportation Improvement Program Comments from the Meridian Transportation Task Force by Matt Ellsworth AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • 0 Page 1 of 1 Sharon Smith From: Matthew Ellsworth Sent: Friday, July 13, 2007 9:34 AM To: Sharon Smith Subject: Pre -Council Request Sharon, At yesterday's Transportation Task Force meeting Mayor de Weerd and Councilman Bird asked me to request a brief (5-10 minute) Pre -Council timeslot on July 17th to consider comments on this year's Transportation Improvement Program. I apologize for the late request, but is this at all possible? Thanks Matt Ellsworth Associate City Planner Meridian Planning Department 660 E. Watertower, Suite 202 Meridian, ID 83642 208.884.5533 7/13/2007 0 Tara Green From: Will Berg Sent: Friday, July 13, 2007 12:09 PM To: Sharon Smith; Tara Green Cc: 'Matthew Ellsworth (ellsworm@meridiancity.org)' Subject: FW: Transportation Improvement Follow Up Flag: Follow up Flag Status: Green Attachments: CommentsLetter.doc Place letter in packet for department report on July 17 meeting. • Page 1 of 1 From: Matthew Ellsworth Sent: Friday, July 13, 2007 11:28 AM To: Len Grady; Bruce Freckleton; Will Berg; Stacy Kilchenmann; Ron Anderson; Bob Stowe; John Overton - Police; Bill Nary; Doug Strong; Anna Canning Cc: Robert Simison; Peter Friedman Subject: Transportation Improvement Community Planning Association is in the process of updating the Transportation Improvement Program, which is the short-range plan for the state roadway network. They are soliciting comments from the public and other constituents until July 24. The attached letter will go before Council for consideration on Tuesday, July 17, but I wanted to see if you have additional comments that you would like included in the letter before it goes forward. If so, please reply by noon on Tuesday so that I have time to revise the letter and have it ready for Council. Thank you for your time, Matt Ellsworth Associate City Planner Meridian Planning Department 660 E. Watertower, Suite 202 Meridian, ID 83642 208.884.5533 7/13/2007 • July 13, 2007 Mayor Tom Dale Chairman, COMPASS Board 800 S. Industry Way; Ste. 100 Meridian, ID 83642 RE: Draft 2008 — 2012 Transportation Improvement Program Dear Chairman Dale, The City of Meridian appreciates the opportunity to comment on the draft 2008 — 2012 Transportation Improvement Program (TIP). Compiling the list of projects is an enormous undertaking, and the City commends COMPASS and ITD staff on the work that went into preparing the draft. The City submits the following comments for consideration in finalizing the Transportation Improvement Program: Meridian Interchange Rebuild: This rebuild is an essential component of the I-84, Garrity to Meridian project that is currently excluded from the program. The City understands that limited funds and cost escalations resulted in the need to scale back much of the GARVEE program. However, without rebuilding the interchange the traveling public will be unable to use the planned fourth lane west of Meridian Road that is part of the program. The City appreciates ITD's foresight in building the highway with room for a fourth lane (rather than having to come back and do it in a later), but the fact that the additional lane cannot be used until the Meridian Interchange is rebuilt underscores the need for this project's integration with the I-84 widening project. In addition, the existing interchange structure poses a critical pedestrian safety hazard, as many children cross the bridge, which has no sidewalks or bike lanes, to access Roaring Springs Water Park, Boondocks Fun Center, and Mountain View High School. For the sake of pedestrian safety and in order to create a full, usable system, the City requests that the Meridian Interchange rebuild be included in the TIP. Ten Mile Interchange: The draft TIP identifies construction of the Ten Mile Interchange in 2009. This project will provide much needed relief for the Meridian Road and Eagle Road interchanges and create an alternate means of accessing I-84 for residents of Kuna, Nampa, Meridian, Star, and eastern Canyon County. The City appreciates the efforts of the many people who are working to keep this project on track and would like to voice its continued and unwavering support for this project to begin construction in 2009. Page 1 of 2 0 0 The City of Meridian encourages the Idaho Transportation Department to continue pursuing additional and expanded sources of revenue. The City also urges the Department to look for creative ways to make the most of funds that are available by investing in areas with the greatest need and programs that have the greatest benefit for the traveling public. As congestion on the transportation system in the Treasure Valley, the economic and commercial center of the State, continues to increase, the possibility of temporarily shifting funds from less essential programs to capacity expansions should be evaluated. Again, the City of Meridian greatly appreciates the opportunity to comment on this year's Transportation Improvement Program. Thank you for your time and consideration of these comments. Sincerely, Tammy de Weerd Mayor CC. City Council Toni Tisdale Page 2 of 2 a CITY OF R1-14 �I IDAHO s tiF cF ER TREASURE\1n�Y SINCE 1903 0 0 MAYOR Tammy de Weerd July 18, 2007 CITY COUNCIL MEMBERS Keith Bird Joseph W. Borton Charles M. Rountree Idaho Transportation Board Shaun Wardle Idaho Transportation Department P.O. Box 7p129 77� Boise, ID 83707-1129 CITY DEPARTMENTS City Attorney/HR RE: Draft 2008 — 2012 Statewide Transportation Improvement Program 703 Main Street 898-5506 (City Attorney) 898-5503 (HR) Dear Transportation Board Members, Fax 884-8723 Fire The City of Meridian appreciates the opportunity to comment on the draft 2008 — 540 E. Franklin Road 2012 Statewide Transportation Improvement Program (TIP). Compiling the list 888-1234 / fax 895-0390 of projects is an enormous undertaking, and the City commends ITD staff on the Parks & Recreation work that went into preparing the draft. 11 W. Bower Street 888-3579 / fax 898-5501 The City submits the following comments for consideration in finalizing the Planning Statewide Transportation Improvement Program: 660 E. Watertower Lane Suite 202 Meridian Interchange Rebuild: This rebuild is an essentialcomponent m onent of the I- 884-5533/fax 888-6844 84, Garrity to Meridian project that is currently excluded from the program. The Police City understands that limited funds and cost escalations resulted in the need to 1401 E. Watertower Lane 888-6678 / fax 846-7366 scale back much of the GARVEE program. However, without rebuilding the interchange the traveling public will be unable to use the planned fourth lane west Public Works of Meridian Road that is part of the program. 660 E. Watertower Lane Suite 200 898-5500 / fax 895-9551 The City appreciates ITD's foresight in building the highway with room for a - Building fourth lane (rather than having to come back and do it in a later), but the fact that 660 E. Watertower Lane the additional lane cannot be used until the Meridian Interchange is rebuilt Suite 150 underscores the need for this project's integration with the I-84 widening project. 887-2211 / fax 887-1297 In addition, the existing interchange structure poses a critical pedestrian safety - Wastewater hazard, as many children cross the bridge, which has no sidewalks or bike lanes, N. Ten Mile Road 888-ar 888-2191 /fax 884-0744 p to access RoaringSprings Water WP� Boondocks Fun Center' and Mountain View High School. For the sake of pedestrian safety and in order to create a full, - Water usable system, the Cit requests that the Meridian Interchange rebuild be included q g y t 2235 N.W. 8th Street 888-5242 / fax 884-1159 in the STIP. Ten Mile Interchange: The draft STIP identifies construction of the Ten Mile Interchange in 2009. This project will provide much needed relief for the Page 1 of 2 CITY FALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK -FAX 888-4218 FINANCE & UTILITY BILLING -FAX 887-4813 MAYOR'S OFFICE -FAX 884-8119 Printed on recycled paper Meridian Road and Eagle Road interchanges and create an alternate means of accessing I-84 for residents of Kuna, Nampa, Meridian, Star, and eastern Canyon County. The City appreciates the efforts of the many people who are working to keep this project on track and would like to voice its continued and unwavering support for this project to begin construction in 2009. The City of Meridian encourages the Idaho Transportation Department to continue pursuing additional and expanded sources of revenue. The City also urges the Department to look for creative ways to make the most of funds that are available by investing in areas with the greatest need and programs that have the greatest benefit for the traveling public. As congestion on the transportation system in the Treasure Valley, the economic and commercial center of the State, continues to increase, the possibility of temporarily shifting funds from less essential programs to capacity expansions should be evaluated. Again, the City of Meridian greatly appreciates the opportunity to comment on this year's Statewide Transportation Improvement Program. Thank you for your time and consideration of these comments. Sincerely, Tammy d eerd Mayor CC. City Council Gwen Smith Page 2 of 2 0 114 CITY OF eY1G�1G�-17I, IDAHO y Fc e SFR TREASURE V" gINCE 1903 MAYOR Tammy de Weerd July 18, 2007 CITY COUNCIL MEMBERS Keith Bird Joseph W. Borton Charles M. Rountree Mayor Tom Dale Shaun Wardle Chairman, COMPASS Board 800 S. Industry Way, Ste. 100 Meridian, ID 83642 CITY DEPARTMENTS City Attorney/HR RE: Draft 2008 — 2012 Transportation Improvement Program 703 Main Street 898-5506 (City Attorney) 898-5503 (HR) Dear Chairman Dale, Fax 884-8723 Fire The City of Meridian appreciates the opportunity to comment on the draft 2008 — 540 E. Franklin Road 2012 Transportation Improvement Program (TIP). Compiling the list of projects 888-1234 / fax 895-0390 is an enormous undertaking, and the City commends COMPASS and ITD staff on Parks & Recreation the work that went into preparing the draft. 11 W. Bower Street 888-3579 / fax 898-5501 The City submits the following comments for consideration in finalizing the Planning Transportation Improvement Program: 660 E. Watertower Lane Suite 202 884-5533 /fax 888-6844 Meridian a Interchan Rebuild: This rebuild is an essential component onent of the I- g p 84, Garrity to Meridian project that is currently excluded from the program. The Police City understands that limited funds and cost escalations resulted in the need to 1401 E. Watertower Lane 888-6678 / fax 846-7366 scale back much of the GARVEE program. However, without rebuilding the interchange the traveling public will be unable to use the planned fourth lane west Public Works of Meridian Road that is part of the program. 660 E. Watertower Lane Suite 200 898-5500 / fax 895-9551 The City appreciates ITD's foresight in building the highway with room for a - Building fourth lane (rather than having to come back and do it in a later), but the fact that 660 E. Watertower Lane the additional lane cannot be used until the Meridian Interchange is rebuilt Suite underscores the need for this project's integration with the I-84 widening project. 110/ fax 887-1297 In addition, the existing interchange structure poses a critical pedestrian safety - Wastewater hazard, as many children cross the bridge, which has no sidewalks or bike lanes, Ten Mile Road 888 - 191 /fax 884-0744 888-219 to access Roarin S s Water Park,Boondocks Fun Center, and Mountain g Springs View High School. For the sake of pedestrian safety and in order to create a full, - Water 2235 N.W. 8th Street usable system, the Cit requests that the Meridian Interchange rebuild be included y t q g 888-5242 / fax 884-1159 in the TIP. Ten Mile Interchange: The draft TIP identifies construction of the Ten Mile Interchange in 2009. This project will provide much needed relief for the Page 1 of 2 CITY FALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK- FAX 888-4218 FINANCE & UTILITY BILLING -FAX 887-4813 MAYOR'S OFFICE- FAX 884-8119 Printed on recycled paper Meridian Road and Eagle Road interchanges and create an alternate means of accessing I-84 for residents of Kuna, Nampa, Meridian, Star, and eastern Canyon County. The City appreciates the efforts of the many people who are working to keep this project on track and would like to voice its continued and unwavering support for this project to begin construction in 2009. The City of Meridian encourages the Idaho Transportation Department to continue pursuing additional and expanded sources of revenue. The City also urges the Department to look for creative ways to make the most of funds that are available by investing in areas with the greatest need and programs that have the greatest benefit for the traveling public. As congestion on the transportation system in the Treasure Valley, the economic and commercial center of the State, continues to increase, the possibility of temporarily shifting funds from less essential programs to capacity expansions should be evaluated. Again, the City of Meridian greatly appreciates the opportunity to comment on this year's Transportation Improvement Program. Thank you for your time and consideration of these comments. Sincerely, Tammy , eerd Mayor cc. City Council Toni Tisdale Page 2 of 2 • 0 July 13, 2007 Department Reports MERIDIAN CITY COUNCIL MEETING July 17, 2007 APPLICANT Finance / Purchasing ITEM NO. 6-D-1 REQUEST Bid Results for Meridian City Hall Project Phase 3 includes Tenant Improvements and Mechanical, Electrical, Plumbing AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS See attached Date: Phone: _ Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. Ll Will Berg From: Keith Watts Sent: Friday, July 13, 2007 2:41 PM To: Tara Green; Will Berg Cc: Sharon Smith; Stacy Kilchenmann; Ted Baird Subject: City Hall Phase III Agenda Item Page 1 of 1 Attachments: Council Memo for Request of Award Bid Phase III - Department Report.doc; Phase III Bid Total.xls Here you go. I still need to go through all the bids and double check Petra's tabulation but I will not have it completed until Monday. Thanks, Keith Watts Purchasing Agent City of Meridian 33 East Idaho Avenue Meridian, ID 83642 Ph. 208-888-4433 x207 Fax: 208-887-4813 7/13/2007 0 Memo To: Will Berg, City Clerk From: Keith Watts, Purchasing Agent CC: Sharon Smith, Ted Baird, Stacy Kilchenmann Date: 7/13/07 Re: July 17 City Council Department Report The Purchasing Department respectfully requests that the following item be placed on the July 17 City Council Agenda under Department Report. Approval of Award of City Hall Bid Packages 1-22. Total amount of award for the ten (10) bid packages is $9,272,832.00. A listing of each bid package is attached for reference. All work under this Bid and subsequent contracts will be completed pursuant to the AIA 101 CM & AIA 201 CM Construction Agreements modified by Ted Baird for the City Hall Project. Recommended Council Action: Approve award of the ten (10) bid packages presented, authorize the Purchasing Agent to issue Conditional Notices of Award and authorize the Mayor to sign all agreements and City Clerk to attest. Thank you for your consideration. 0 Page 1 0 0 0 0 W 0 0 0 00 H 0 0 Od 0 0 W 0 0 H 0 0 Q 0 9909000 U) uiC J� 0 0 0 o o U) 0 0 W 0 0 w o 000000000 n M W 0 0 0 0 0 0 0 00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 9909000 0 0 0 0 0 o o o 0 0 0 0 0 0 o 000000000 c) .4 000000000 LO 00 I- O O ti 6A M 0 Ln LO LO O O co It K> Il- 00 O O 6F} 69 X 0 0 Cfl N L(i Ln O M CO O 00 CA 00 00 M O 00 O N S 00 I*- LO 00 O N LLQ O 00 0 N M O LA I- CO CC I- Ef> Cl) 00 O N N � LLQ Cfl It 6% It (.9 N O (9 U') 69 H> It L) O pl- b9 69> K> cfl 63 Efi H> ER 64 N N EA ER H> CL o O C C O U U N � O N fn ` O C >C/) U O U m > U O O _ C a)LL O U L6 L oo co L oo L Q) U — U L o c ami "O C: _ LL w (tf Ln Y N m N a)) L`o U LB X C a) LF '2 a o m •L rn V > rn G a N N Erm omm°�sQ. :30 CO cccE��0m� aQVUZQU acno Ucna zcnm= F -Z C N O C - w U - N N a) O o a) m U 3 U > w cu a) p :C p U m C O p +. C 2 U N `"� p C U A2 O U) -0 O O d O J C 7 V a) a) C O N od cn p U 7 V E 06 O � E Cc o v L v O c _ cn 3�> �, a� O c v E +. c Y c ami = 'E '� '� oo o a U •c 0 D a) .2 Y Ln -C mCL o m aNi U c m� o E Q o U m L`0— c=a po > M OF a()Q�OQiLa2 w 2 U U 0 O Erin — N M Ln CD f� 00 O_ O N *k *k U *k * -u pop O p� t *k *k *k *k * * *k *k *k * Q *k *k 0 ETR Meridian City Hall Meridian, 0 ooxrnwcroxa 12 -Jul -07 Phase 11 Bids Phase III Bids Fixtures and Equipment 4/3/2007 7/12/2007 1 Fixtures & Equipment 2 IDemountable Walls (Options to $1.163 Million) In Total Below In Total Below r-- 7— Phase 11 Bids Phase III Bids Soft Costs 4/3/2007 7/12/2007 1 City Fees - Preapplication Meeting 2 City Fees - Conditional Use 3 2!!y Fees - Plan Check 4 Cit v Fees - Bldg Permit 5 City Fees - Water & Sewer Connection 6 City Fees - Outside/Specialty Consultant Plan Ck 7 ACHID Impact Fees 8 Local Fire Department Review 9 DEQ Plan Review 10 Idaho Power 11 Union Pacific 12 Advertisement for Bids 13 Soil and Geotechnical Report 14 Survey Work (Design) 15 Bid Document Costs - Reproduction & Postage 16 Bond Counsel 17 Bond Rating (Bond Issuance Cost) 18 Fiscal Agent 19 Architectural Programing / Schematic Design 20 Architecural Design Development -Const. Administration 21 Architectural Reimbursables 22 Specialty Consultant-Commissionin Engineer 23 Specialty Consultant -Traffic Study 24 Specialty Consultant-Misc. 25 LegalCounsel 26 Insurance Costs -Builders Risk 27 Contingency for Soft Costs Total Soft Costs Phase 11 Bids Phase III Bids Construction Mgmt & Site Acquisition Costs 4/3/2007 7/12/2007 1 Bid Phase I - Asbestos & Demolition $426,357 $426,357 — 2 Contaminated Soil Abatement $290,500 - $422,000 — $51,658 2a Contaminated Soils CM FEE $279,812 $279,812 3 Reimbursables - Construction $574,000 $574,000 4 construction Management Fee $1,570,669 $1,753,827 Total CM & Site Acquisition Cost Phase 11 Bids Phase III Bids Construction Costs 4/3/2007 7/12/2007 1 — Bid Phase 11 - Core & Shell $5,836,369 $181,029— $5,836,369 $181,029 la Phase 11 General Conditions Budget $9,180,852 $9,114,832 — 2 Bid Phase III - MEP's & Tenant Improvement $181,029 $181,029 2a Phase III General Conditions Budget $1,500,000 ,000 — 3 Bid Phase IV - Site & Plaza $825,861 $855,560 4 lConstruction Contingency 5% - $205,000 — 5 LEED Certification Costs -$800,000 — Value Engineering $16,905,140 $18,533,819 Total Construction Cost TOTAL PROJECT COSTS Total Project Cost before Alternates $0i $0 $18,475,809 $20,287,F4-6 Z:\ESTIMATES & PROPOSALS\2006\Wes\Meridian City Hall\Project Summary 07-12-07 Phase III Presentation 1 2 3 4 F E 7 8 c 1C 11 12 1� 14 1 I 1E 17 1E 1f 2C 21 22 ck RECEIVED Bid Package Contractor Amount Handrail and Miscellaneous Metal Pacific Steel Fabricators 70,178.00 Carpentry American Wall Covering 112,000.00 Millwork and Cabinetry ICWP 464,000.00 Interior Storefront and Glazing Custom Glass 68,678.00 Caulking Budget 45, 000.00 Doors/Frames/Hardware ABS 277,230.00 Overhead and Coiling Doors Crawford Door Sales 5,590.00 Drywall, Fireproofing, Acoustical Ceiling Tile American Wall Coverings 1,038,550.00 Ceramic Tile Schumacher 110,953.00 Flooring Dei ner Floors 182,354.00 Painting and Wallcoverin s Color Craft 95,600.00 Specialties SBI 110,000.00 Access Floorin Pac West Interiors 528,800.00 Window Coverings Inter rated Ineriors 11,900.00 Operable Partitions The Masonry Center 20,840.00 AudioNisual Bud et 215,500.00 Fire Protection Simplex Grinell 412,879.00 Plumbing Buss 953,385.00 HVAC Hobson Fabrication Corp 2,060,000.00 Electrical, Low Voltage, Fire Alarm Tri State Electric 2,749,895.00 Telecommunications Budget 225, 000.00 Isecurity Budget * 566-60 T.I. and MEP's Total Bid Package 1 $ 9,44479 9rGU I 7/17/20073:45 PM Summary 1 v �r m a V LU Em V I] N 0) Y a m W_; N N r 0 0 N i 1 0 0 O i M 'o} U1 m C N fA } to } o O O N C r r � r E a w � O o W a 0 3 V 0� W V m m xJ U N ,-, a m U D Z Ix za �� ` > > > > p D w C7 O Z 0 M a V 3 0 0 W W 0 0 W W Q m Q fW Zg O o� mo� a a a a 00 Q W J V m= O0. 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O U W 2J H U m m U y .-. Q m U O J UJIQ- Z a a~ d '� g O Q m w N= Q Z y G� Z O Q W O W O W O W a'�� Q Z v 000 w z = M a a °a 0 °a _0 a w� oO m= O v rn 00 Ix Z a 0 N CD Y a a 'm N to v Cl) r - C) O N a 1 L w 2 �a 0 0 N ti 0 0 N a a v M C) O O N A 41 Q W Y J O w 4. O V W 0 =J F- U m m V y It Wa �O > > > > o m a �O 0 U)x w av o d z w z w z LU z LU a x CL C3V O °D Q W J QO� Q a a a N D mm CO) OJ � v Z — a v M C) O O N A 41 VOW _ im oil III ftft - 0-- ft MUNJ Immoull JIM �� ' _ ■ N NEE ■ . - ■Ari ®®® a a ■E- ltll �. r oil®■ Ri®®__ ® 20' Wide Buffer (on-site) 'I I aw.......... V1. st tin • • *A1A Document A101/CMatat -1992 Standard Fonn of Agreement Between Owner and Contractor where the basis dfapayment is a STIPULATED SUM AGREEMENT made as of the day of in the year of (In words, indicate day, month and year) BETWEEN the Owner: (Name and address) CITY OF MERIDIAN 33 East Idaho Avenue Meridian, Idaho 83642-2300 and the Contractor: (Name and address) Designer Floors, Inc. 1400 W. Front Street Boise, Idaho 83702 For the following Project: (Include detailed description of Project, location, address and scope.) New Meridian City Hall 33 East Broadway Avenue Meridian, Idaho 83642 An approximately 100,000 square foot, multi -story city hall office building with a basement. The Construction Manager is: (Name and address) PETRA INCORPORATED 1097 N. Rosario Street Meridian, Idaho 83646 The Architect is: (Name and address) LCA ARCHITECTS, P.A. 1221 Shoreline Lane Boise, Idaho 83702 The Owner and Contractor agree as set forth below. 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. The 1992 Edition of AIA Document A201/CMa,General Conditions of the Contract for Construction, Construction Manager -Adviser Edition, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. AIA Document A101/CMa"m —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is Init. protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 08:58:11 on 08/15/2007 under Order No.1 00029511 1_1 which expires on 4/4/2008, and is not for resale. User Notes: (4176269516) • 0 Hundred & N0/100 Dollars ($500.00) per calendar day, for each calendar day of delay until the Work is substantially complete. The Contractor acknowledges and agrees that the amounts set forth above are a reasonable estimate of the damages that will likely be incurred by Owner in the event the Work is not substantially complete by the date set forth in the Contract Documents, and not a penalty. If responsibility for a delay in substantial completion shared by the Contractor and others, Owner may reasonably apportion the damages between such responsible parties. The right to assess liquidated damages is in addition to, and not in limitation of, any right or remedy available to the Owner or to protect the Owner to address delay by the Contractor, whether such right or remedy is under law, in equity or under Contract Documents. ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of One Hundred Eight Two Thousand Three Hundred Fifty Four Dollars & NO/100 ($182,354.00), subject to additions and deductions as provided in the Contract Documents. , § 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If decisions on other alternates are to be made by the Owner subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date until which that amount is valid.) § 4.3 Unit prices, if any, are as follows: Description Units Price ($ 0.00) ARTICLE 5 PROGRESS PAYMENTS § 5.1 Based upon Applications for Payment submitted by the Contractor to the Construction Manager, and upon Project Applications and Certificates for Payment issued by the Construction Manager and Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 5.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: § 5.3 Provided an Application for Payment is submitted to the Construction Mana er not later than the 25th day of a month, the Owner shall make payment to the Contractor not later than the 20 day of the following month. If an Application for Payment is received by the Construction Manager after the application date fixed above, payment shall be made by the Owner not later than Thirty ( 30 ) days after the Construction Manager receives the Application for Payment. § 5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in accordance with the Contract Documents. The Schedule of Values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Construction Manager or Architect may require. This schedule, unless objected to by the Construction Manager or Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: Inst. AIA Document A101/CMaTM —1992. Copyright 01992 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 AIAa Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 08:58:11 on 08/15/2007 under Order No.10002951 1 1_1 which expires on 4/4/2008, and is not for resale. User Notes: (4176269516) • C� elsewhere may affect the validity of this provision. Legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) § 7.3 Temporary facilities and services: (Here insert temporaryfacilities and services which are different from or in addition to those included elsewhere in the Contract Documents.) § 7.4 Other Provisions: (Here list any special provisions affecting the Contract.) ARTICLE 8 TERMINATION OR SUSPENSION § 8.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of the General Conditions. § 8.2 The Work may be suspended by the Owner as provided in Article 14 of the General Conditions. ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: § 9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor, AIA Document A101/CMa, 1992 Construction Manager -Adviser Edition. § 9.1.2 The General Conditions are the General Conditions of the Contract for Construction, AIA Document A201/CMa, 1992 Construction Manager -Adviser Edition. § 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated and are as follows: Document Title Pages Volume 2 Phase III Bidding/General 218 Conditions § 9.1.4 The Specifications are those contained in the Project Manual dated as in Section 9.1.3, and are as follows: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Title of Specifications exhibit: Volume I - Technical Specifications 904 pages (Table deleted) § 9.1.5 The Drawings are as follows, and are dated unless a different date is shown below: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Title of Drawings exhibit: ARCHITECTURAL O.OT Cover Sheet AO.OT Life Safety Plan-Site/Basement Floor A0.1T Life Safety Plan- First Floor AO.2T Life Safety Plan- Second Floor AO.3T Life Safety Plan- Third Floor AO.4T Life Safety Plan- Penthouse AO.5T U.L Assemblies A2.00T Overall- Basement Floor Plan A2.01T Basement Floor- Area 1 Floor Plan AIA Document A101/CNIaTM —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document Is Init. protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 08:58:11 on 08/15/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (4176269516) 0 P0.002 Basement Foundation Plumbing Plan Area 2 P0.01 Basement Waster Plan Area 1 P0.02 Basement Waste Plan Area 2 P1.11 First Floor Plumbing Plan Area 1 P1.12 First Floor Plumbing Plan Area 2 P2.11 Second Floor Plumbing Plan Area 1 P2.12 Second Floor Plumbing Plan Area 2 P3.11 Third Floor Plumbing Plan Area 1 P3.12 Third Floor Plumbing Plan -Area 2 P5.0 Plumbing Details P5.1 Plumbing Details M0.11 Basement Floor HVAC Ceiling Plan Area 1 M1.12 Basement Floor HVAC Ceiling Plan Area 2 M1.01 First Floor HVAC Floor Plan Area 1 M1.02 First Floor HVAC Floor Plan Area 2 M1.11 First Floor HVAC Ceiling Plan Area 1 M1.12 First Floor HVAC Ceiling Plan Area 2 M2.01 Second Floor HVAC Floor Plan Area 1 M2.02 Second Floor HVAC Floor Plan Area 2 M2.11 Second Floor HVAC Floor Plan Area 1 M2.12 Second Floor HVAC Ceiling Plan Area 2 M3.01 Third Floor HVAC Floor Plan Area 1 M3.02 Third Floor HVAC Ceiling Plan Area 1 M3.11 Third Floor HVAC Ceiling Plan Area 1 M3.12 Third Floor HVAC Ceiling Plan Area 2 M4.11 Fourth Floor HVAC Floor Plan Area 1 M4.12 Fourth Floor HVAC Floor Plan Area 2 M5.01 HVAC Roof Plan Area 1 M5.02 HVAC Roof Plan Area 2 M6.0 HVAC Schedules M6.1 HVAC Details M6.2 Hydronic Piping Schematic FP0.1 Basement Floor Overall Fire Protection Plan FP1.0 First Floor Overall Fire Protection Plan FP2.0 Second Floor Overall Fire Protection Plan (Table deleted) FP3.0 Third Floor Overall Fire Protection Plan FP4.0 Fourth Floor Overall Fire Protection Plan ELECTRICAL E1.0 Site Electrical Plan E1.1 Shell and Core Site Electrical Details E2.01 F Basement Fire Alarm Plan - Area 1 E2.01 L Basement Lighting Plan - Area 1 E2.01M Basement Mechanical Power Pla - Area 1 E2.01P Basement Power Plan - Area 1 E2.01S Basement Special Systems Plan -Area 1 E2.02F Basement Fire Alarm Plan - Area 2 E2.02L Basement Lighting Plan - Area 2 E2.02M Basement Power Plan - Area 2 E2.02S Basement Special Systems Plan - Area 2 E2.117 First Floor Fire Alarm Plan - Area 1 E2.1L First Floor Lighting Plan - Area 1 E2.1M First Floor Mechanical Power Plan - Area 1 E2.1P First Floor Power Plan - Area 1 E2.1 S First Floor Special Systems Plan - Area 1 E2.217 First Floor Fire Alarm Plan - Area 2 E2.12L First Floor Lighting Plan - Area 2 Inst. AIA Document A101/CMaTM -1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 7 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 08:58:11 on 08/15/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (4176269516) • E2.12L First Floor Fire Alarm Plan -Area 1 E2.12L First Floor Lighting Plan -Area 2 E2.12M First Floor Mechanical Power Plan -Area 2 E2.12P First Floor Power Plan -Area 2 E2.12S First Floor Special Systems Plan -Area 2 E2.21F Second Floor Fire Alarm Plan -Area 1 E2.21L Second Floor Lighting Plan -Area 1 E2.21M Second Floor Mechanical Power Plan -Area 1 E2.21P Second Floor Power Plan -Area 1 E2.21 S Second Floor Special Systems Plan -Area 1 E2.22F Second Floor Fire Alarm Plan -Area 2 E2.22L Second Floor Lighting Plan -Area 2 E2.22M Second Floor Mechanical Power Plan -Area 2 E2.22P Second Floor Power Plan -Area 2 E2.22S Second Floor Special Systems Plan -Area 2 E2.31 F Third Floor Fire Alarm Plan -Area 1 E2.311 Third Floor Lighting Plan -Area 1 E2.31M Third Floor Mechanical Power Plan -Area 1 E2.31P Third Floor Power Plan -Area 1 E2.31S Third Floor Special Systems Plan -Area 1 E2.32F Third Floor Fire Alarm Plan -Area 2 E2.32L Third Floor Lighting Plan -Area 2 E2.32M Third Floor Mechanical Power Plan -Area 2 E2.32P Third Floor Power Plan -Area 2 E2.32S Third Floor Special Systems Plan -Area 2 E2.40 Overall -Roof Electrical Plan E2.50 Penthouse Electrical Plans E3.00 Electrical Schedules E3.01 Electrical Schedules E3.02 Electrical Schedules E3.03 Electrical Schedules E3.04 Electrical Schedules E3.05 Electrical Schedules E4.00 Electrical Details E4.01 Electrical Details E5.00 One Line Diagram E5.01 Lighting Compliance Certificate § 9.1.6 The Addenda, if any, are as follows: Number Date Pages Addendum A 6-18-07 1 Addendum B 7-2-07 182 Addendum C 7-9-07 4 Addendum D 7-16-07 42 Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. § 9.1.7 Other documents, if any, forming part of the Contract Documents are as follows: (List here any additional documents which are intended to form part of the Contract Documents. The General Conditions provide that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents.) Mit. AIA Document A101/CNIaTM —1992. Copyright 01992 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, or any portion of it, 9 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 08:58:11 on 08/15/2007 under Order No.10002951111 which expires on 4/4/2008, and is not for resale. User Notes: (4176269516) • rv1----,A1A Document A201/CMaTm —1992 General Conditions of the Contract for Construction where the Construction Manager is NOT a Constructor for the following PROJECT: (Name and location or address): New Meridian City Hall 33 East Broadway Avenue Meridian, Idaho 83642 THE OWNER: (Name and address): CITY OF MERIDIAN 33 East Idaho Avenue Meridian, Idaho 83642-2300 THE ARCHITECT: (Name and address): LCA ARCHITECTS, P.A. 1221 Shoreline Lane Boise, Idaho 83702 TABLE OF ARTICLES 1 GENERAL PROVISIONS 2 OWNER 3 CONTRACTOR 4 ADMINISTRATION OF THE CONTRACT 5 SUBCONTRACTORS 6 CONSTRUCTION BY OWNER OR BY OTHER CONTRACTORS 7 CHANGES IN THE WORK 8 TIME 9 PAYMENTS AND COMPLETION 10 PROTECTION OF PERSONS AND PROPERTY 11 INSURANCE AND BONDS 12 UNCOVERING AND CORRECTION OF WORK 13 MISCELLANEOUS PROVISIONS 14 TERMINATION OR SUSPENSION OF THE CONTRACT 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. Inst AIA Document A201/CMa*M —1992. Copyright ®1992 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, or any portion of It, 1 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced 1 by AIA software at 10:45:07 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) i AIA Document A201/CMeTM —1992. Copyright 01992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is [lit. protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 3 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) 13.5.2, 4.6.16, 4.7.6, 14.2.2, 14.2.4 9.4.3, 9.5.1, Architect's Inspections 4.6.5, 4.6.16, 9.8.2, 9.9.2, 4.7.6, 9.4.3, 9.10.1, 13.5 9.8.2, 9.9.2, Asbestos 10.1.2, 9.10.1, 13.5 10.1.3,.10.1.4 Architect's Instructions 4.6.10, Attorneys' Fees 3.18.1, 4.6.12, 7.4.1, 9.10.2, 10.1.4 9.4.3, 12.1, Award of Separate 6.1.1 13.5.2 Contracts Architect's Interpretations 4.6.18, Award of Subcontracts 5.2 4.6.19, 4.7.7 and Other Contracts for Architect's On -Site 4.6.5, 4.6.9, Portions of the Work Observations 4.7.6, 9.4.3, Basic Definitions 1.1 9.5.1, 9.10.1, Bidding Requirements 1.1.1, 1.1.7, 13.5 5.2.1, 11.4.1 Architect's Project 4.6.17 Boiler and Machinery 11.3.2 Representative Insurance Architect's Relationship 1.1.2, 3.2.1, Bonds, Lien 9.10.2 with Contractor 3.2.2, 3.3.3, Bonds, Performance and 7.3.6.4, 3.5.1, 3.7.3, Payment 9.10.3, 3.11, 3.12.8, 11.3.9, 11.4 3.12.11, 3. 16, Building Permit 2.2.3, 3.7.1 3.18, 4.6.6, Capitalization 1.4 4.6.7, 4.6.10, Certificate of Substantial 9.8.2 4.6.12, Completion 4.6.19, 5.2, Certificates for Payment 4.6.8, 4.6.9, 6.2.2, 7.3.4, 9.3.3, 9.4, 9.8.2, 10.1.2, 9.5, 9.6.1, 10.1.4, 9.6.6, 9.7.1, 10.1.5, 9.8.3, 9.10.1, 11.3.7, 12.1, 9.10.3, 13.7, 13.5 14.1.1.3, Architect's Relationship 1.1.2, 2.4.1, 14.2.4 with Construction Manager 3.12.6, Certificates of Inspection, 3.12.11, 3.12.8, 4.6.8, Testing or Approval 13.5.4 4.6.10, Certificates of Insurance 9.3.2, 9.10.2, 4.6.14, 11.1.3 4.6.16, Change Orders 1.1.1, 2.4.1, 4.6.18, 6.3.1, 3.8.2.4, 9.7.1, 9.8, 3.11.1, 9.9.1,9.9.2, 4.6.13, 4.7.3, 9.10.1, 5.2.3, 7.1, 9.10.2, 7.2, 7.3.2, 9.10.3, 8.3.1, 9.3.1.1, 12.2.4, 9.10.3, 13.5.1, 11.3.1.2, 13.5.2, 11.3.4, 13.5.4, 14.2.4 11.3.9, 12.1.2 Architect's Relationship 1.1.2, 4.6.6, Change Orders, Definition 7.2.1 with Subcontractors 4.6.7, 4.6.10, of 5.3.1, Changes 7.1 9.6.3,9.6.4, CHANGES IN THE 3.11, 4.6.13, 11.3.7 WORK 4.6.14, 7, Architect's Representations 9.4.3, 9.5.1, 8.3.1, 9.3.1.1, 9.10.1 10.1.3 Architect's Site Visits 4.6.5, 4.6.9, Claim, Definition of 4.7.1 AIA Document A201/CMeTM —1992. Copyright 01992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is [lit. protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 3 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) • and Responsibility 3.17.1, Construction Manager, and 3.10.3 3.18.1, Submittals 3.18.3, 4.6.3, Construction Manager's 12.2.1, 12.2.4 4.6.4, 4.6.6, Additional Services and 4.6.11, 5.2, Expenses 6.2.1, 6.2.2, Construction Manager's 4.6, 9.4, 9.5 7.1.2, 7.2.1, Administration of the 7.3.4, 7.3.6, Contract 7.3.9, 8.3.1, Construction Manager's 2.4.1, 3.10.3 9.2.1,9.3.1, Approval 9.4.1, 9.4.2, Construction Manager's 4.6.10, 12.2.1 9.4.3, 9.7.1, Authority to Reject Work 9.8.2, 9.9.1, Construction Manager's 7.3.6, 7.3.7, 9.10.1, Decisions 7.3.8, 9.3.1, 9.10.2, 9.4.1, 9.5.1 9.10.3, Construction Manager's 4.6.10, 9.4.3, 10.1.1, Inspections 9.8.2, 9.9.2, 10.1.2, 12.1.1 10.1.5, Construction Manager's 9.5.1 10.2.6, On -Site Observations 11.3.7, 12.1, Construction Manager's 1.1.2, 4.6.8, 13.5.1, Relationship with Architect 4.6.10, 13.5.2, 4.6.11, 13.5.3, 13.5.4 4.6.14, Construction Manager's 2.2.3, 4.6.1, 4.6.16, Relationship with Owner 4.6.2, 10.1.6 4.6.18, 6.3.1, Construction Manager's 9.2.1, 9.4.2, Relationship with Other 9.4.3, 9.51, Contractors and Owner's 4.6.3 9.6.1, 9.6.3, Own Forces 9.8.2, 9.8.3, Construction Manager's 4.6.10, 5.3.1, 9.9.1, 9.10.1, Relationship with 9.6.3, 9.6.4 9.10.2, Subcontractors 9.10.3, Construction Manager's 9.4.3, 9.5.1 11.1.3, Representations 12.2.4, Construction Manager's 9.4.4, 9.5.1 13.5.1, Site Visits 13.5.2, Construction Schedules, 3.10, 4.6.3, 13.5.4, Contractor's 4.6.4 14.2.2, 14.2.4 Contingent Assignment of 5.4 Construction Manager's 3.2.1, 3.2.2 Subcontracts Relationship with 3.3.1, 3.3.3, Continuing Contract 4.7.4 Contractor 3.5.1, 3.7.3, Performance 3.10.1, Contract, Definition of 1.1.2 3.10.2, CONTRACT, 4.7.7, 5.4.1.1, 3.10.3, TERMINATION OR 14 3.11.1, SUSPENSION OF THE 3.12.5, Contract Administration 3.3.3, 4, 9.4, 3.12.6, 9.5 3.12.8, Contract Award and 3.7.1, 3.10, 3.12.9, Execution, Conditions 5.2,9.2, 3.12.10, Relating to 11.1.3, 3.12.11, 11.3.6, 11.4.1 3.13.2, Contract Documents, The 1.1, 1.2, 7 3.14.2, Contract Documents, 1.3, 2.2.5, 5.3 3.15.2, Copies Furnished and Use 3.16.1, of AIA Document A201/CMaTM —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is Init• protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 5 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) Init. AIA Document A201/CMaTM —1992. Copyright m 1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 7 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45,07 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) 9.10.3, 9.5.1.6, 9.7 10.1.2, 11.4.2 Date of Commencement of 8.1.2 Contractor's 3.9, 10.2.6 the Work, Definition of Superintendent Date of Substantial 8.1.3 Contractor's Supervision 1.2.4, 3.3, Completion, Definition of and Construction 3.4, 4.6.6, Day, Definition of 8.1.4 Procedures 8.2.2, 8.2.3, Decisions of the Architect 4.6, 4.7, 6.3, 10 8.1.3, 8.3.1, Contractual Liability 11.1.1.7, 9.2, 9.4, Insurance 11.2.1, 9.5.1, 9.8.2, 11.3.1.5 9.9.1, 10.1.2, Coordination and 1.2.2, 1.2.4, 13.5.2, Correlation 3.3.1, 3.10, 14.2.2, 14.2.4 3.12.7, 6.2.1 Decisions of the 4.3, 7.3.6, Copies Furnished of 1.3, 2.2.5, Construction Manager 7.3.7, 7.3.8, Drawings and 3.11 9.3.1, 9.4.1, Specifications 9.4.3, 9.5.1 Correction of Work 2.3, 2.4, Decisions to Withhold 9.5, 9.7, 3.2.1, 4.6.1, Certification 14.1.1.3 9.8.2, 9.9.1, Defective or 12.1.2, 12.2, Nonconforming Work, 13.7.1.3 Acceptance, Cost, Definition of 7.3.6 Rejection and Correction of 2.3, 2.4, Costs 2.4, 3.2.1, 3.5.1, 4.6.1, 3.7.4, 3.8.2, 4.6.10, 4.7.5, 3.15.2., 4.7.6, 9.5, 9.8.2, 4.7.7, 4.7.8.1, 9.9.1, 10.2.5, 5.2.3, 6.1.1, 12, 13.7.1.3 6.2.3, 6.3.1, Defective Work, Definition 3.5.1 7.3.3.3, 7.3.6, of 7.3.7, 9.7, Definitions 1.1, 2.1.1, 9.8.2, 9.10.2, 3.1, 3.5.1, 11.3.1.2,11.3. 3.12.1, 1.3, 11.3.4, 3,12.2, 11.3.9, 12.1, 3.12.3, 4.1.1, 12.2.1, 4.2.1, 4.7.1, 12.2.4, 5.1, 6.1.1, 12.2.5, 13.5, 7.2.1, 7.3.1, 14 7.3.6, 8.1, Cutting and Patching 3.14, 6.2.6 9.1, 9.8.1 Damage to Construction of Delays and Extensions of 4.7.1, 4.7.8.1, Owner or Other Time 4.7.8.2, 6.1.1, Contractors 3.14.2, 6.2.4, 6.2.3, 7.2.1, 9.5.1.5, 7.3.1.3, 7.3.4, 10.2.1.2, 7.3.5, 7.3.8, 10.2.5, 10.3, 7.3.9, 8.1.1, 11.1, 11.3, 8.3, 10.3.1, 12.2.5 14.1.1.4 Damage to the Work 3.14.2, 9.9.1, Disputes 4.7, 4.8, 4.9, 10.2.1.2, 6.2.5, 6.3, 10.2.5, 10.3, 7.3.8, 9.3.1.2 11.3 Documents and Samples at 3.11 Damages, Claims for 3.18, 4.6.9, the Site 6.1.1, 6.2.5, Drawings, Definition of 1.1.5 8.3.2, 9.5.1.2, Drawings and 10.1.4 Specifications, Use and Damages for Delay 6.1.1, 8.3.3, Ownership of 1.1.1, 1.3, Init. AIA Document A201/CMaTM —1992. Copyright m 1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 7 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45,07 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) 0 Insurance Companies, 9.9.1, 11.3.11 Consent to Partial Occupancy Insurance Companies, 11.3.10 Settlement with Intent of the Contract 1.2.3, 3.12.4, Documents 4.6.10, 4.6.12, 4.6.19, 4.6.20, 7.4 Interest 13.6 Interpretation 1.2.5, 1.4, 1.5, 4.1.1, 4.7.1, 5.1, 6.1.2, 8.1.4 Interpretations, Written 4.6.18, 4.6.199 4.7.7 Joinder and Consolidation 4.9.5 of Claims Required Judgment on Final 4.9.19 4.9.4.1, Award 4.9.7 Labor and Materials, 1.1.3, 1.1.6, Equipment 3.4, 3.5.1, 3.8.2, 3.12.2, 3.12.3, 3.12.7, 3.12.11, 3.139 3.15.1, 4.6.12, 6.2.1, 7.3.69 9.3.2, 9.3.3, 12.2.4, 14.1.2, 14.2.1, 14.2.2 Labor Disputes 8.3.1 Laws and Regulations 1.3, 3.6, 3.7, 3.13, 4.1.1, 4.9.5, 4.9.7, 9.9.1, 10.2.29 11.1, 11.3, 13.1, 13.4.1, 13.5.1, 13.5.2, 13.6 Liens 2.1.2, 4.7.2, 4.7.5.1, 8.2.29 9.3.3, 9.10.2 Limitation on 4.9.5 Consolidation or Joinder Limitations, Statutes of 4.9.4.2, 12.2.6, 13.7 Limitations of Authority 3.3.1, 4.6.12, 4.6.17, 5.2.2, 5.2.4, 7.4, 11.3.10 Limitations of Liability 2.3, 3.2.1, 3.5.1, 3.7.3, 3.12.8, 3.12.11, 3.17, Limitations of Time, General Limitations of Time, Specific Loss of Use Insurance Material Suppliers 3.18, 4.6.10, 4.6.12, 4.6.19, 6.2.2, 9.4.3, 9.6.4, 9.10.4, 10.1.4, 10.2.5, 11.1.2, 11.2.1, 11.3.7, 13.4.2, 13.5.2 2.2.1, 2.2.4, 3.2.1, 3.7.3, 3.8.2, 3.10, 3.12.5, 3.15.1, 4.6.1, 4.6.12, 4.6.18, 4.7.2, 4.7.3, 4.7.4, 4.7.6,.4.7.9; 4.6.4.2, 5.2.1, 5.2.3, 6.2.4, 7.3.4, 7.4, 8.2, 9.2, 9.5, 9.6.2, 9.8, 9.10, 11.1.3, 11.3.1, 11.3.2, 11.3.5, 11.3.6, 12.2.1, 12.2.2, 13.5, 13.7, 14.3 2.1.2, 2.2.1, 2.4, 3.10, 3.11, 3.15.1, 4.6.1, 4.6.18, 4.7, 4.8, 4.9, 5.3, 5.4, 7.3.5, 7.3.9, 8.2, 9.3.1, 9.3.3, 9.4.1, 9.6.1, 9.7, 9.8.2, 9.10.2, 11.1.3, 11.3.6, 11.3.10, 11.3.11, 12.2.2, 12.2.4, 12.2.6, 13.7, 14.1, 14.2.2 11.3.3 1.3.1, 3.12.1, 4.6.7, 4.6.10, 5.2.1, 9.3.1, 9.3.1.2, 9.3.3, Init. AIA Document A201/CMaTTM —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 9 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) Owner's Financial Capability Owner's Liability Insurance Owner's Loss of Use Insurance Owner's Relationship with Subcontractors Owner's Right to Carry Out the Work Owner's Right to Clean Up Owner's Right to Perform Construction with Own Forces and to Award Other Contracts Owner's Right to Stop the Work Owner's Right to Suspend the Work Owner's Right to Terminate the Contract Ownership and Use of Architect's Drawings, Specifications and Other Documents Partial Occupancy or Use Patching, Cutting and Patents, Royalties and Payment, Applications for Payment, Certificates for Payment, Failure of Payment, Final • 9.3.1, 9.3.2, 11.4.1, 12.2.4, 13.5.2, 14.2, 14.3.1 2.2.1, 14.1.1.5 11.2 11.3.3 1.1.2, 5.2.1, 5.4.1, 9.6.4 2.4, 12.2.4, 14.2.2.2 6.3 6.1 2.3, 4.7.7 Payment Bond, Performance Bond and Payments, Progress PAYMENTS AND COMPLETION Payments to Subcontractors PCB Performance Bond and Payment Bond Permits, Fees and Notices PERSONS AND 14.3 PROPERTY, PROTECTION OF 14.2 Polychlorinated Biphenyl 1.1.1, 1.3, Product Data, Definition of 2.2.5, 5.3 Product Data and Samples, Shop Drawings Progress and Completion 9.6.6, 9.9, 11.3.11 Progress Payments 3.14, 6.2.6 3.17 4.6.9, 9.2, 9.3, 9.4, Project, Definition of the 9.5.1, 9.8.3, Project Manual, 9.10.1, Definition of the 9.10.3, Project Manuals 9.10.4, 14.2.4 Project Representatives 4.6.9, 4.6.16, Property Insurance 9.3.3, 9.4, PROTECTION OF 9.5, 9.6.1, PERSONS AND 9.6.6,9.7.1 , .6.6,9.7.1, PROPERTY 9.8.3, 9.10.1, Regulations and Laws 9.10.3, 13.7, 14.1.1.3, 14.2.4 4.7.7, 9.5.1.3, 9.7, 9.10.2, 14.1.1.3, 14.2.1.2 4.6.1, 4.6.16, Rejection of Work 4.7.2, 4.7.5, 9.10, 11.1.2., Releases of Waivers and 11.1.3, Liens 11.3.5, 12.3.1 7.3.6.4, 9.10.3, 11.3.9, 11.4 4.7.4, 9.3, 9.6, 9.8.3, 9.10.3, 13.6, 14.2.3 9,14 5.4.2, 9.5.1.3, 9.6.2, 9.6.3, 9.6.4; 11.3.8, 14.2.1.2 10.1.2, 10.1.3, 10.1.4 7.3.6.4, 9.10.3, 11.3.9, 11.4 2.2.3, 3.7, 3.13, 7.3.6.4, 10.2.2 10 10.1.2, 10.1.3, 10.1.4 3.12.2 3.11, 3.12, 4.2.7 4.6.5, 4.7.4, 8.2 4.7.4, 9.3, 9.6, 9.8.3, 9.10.3, 13.6, 14.2.3 1.1.4 1.1.7 2.2.5 4.6.17 10.2.5, 11.3 10 1.3, 3.6, 3.7, 3.13, 4.1.1, 4.9.7, 10.2.2, 11.1, 11.3, 13.1, 13.4, 13.5.1, 13.5.2, 13.6, 14 3.5.1, 4.6.10, 12.2. 9.10.2 Inst AIA Document A201/CMaTM —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No. 1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) 0 Subrogation, Waivers of 6.1.1, 11.3.5, 0 Extensions of 11.3.7 Substantial Completion 4.6.16, 8.1.1, 8.1.3, 8.2.3, 9.8, 9.9.1, 12.2.1, 12.2.2, 13.7 Substantial Completion, 9.8.1 Definition of 4.9.4.2, 5.3, Substitution of 5.2.3, 5.2.4 Subcontractors 7.3.9, 8.2, Substitution of Architect 4.4 Substitution of 4.4 Construction Manager 9.6.1, 9.7, Substitutions of Materials 3.5.1 Sub -subcontractor, 5.1.2 Definition of 11.3.6, Subsurface Conditions 4.7.6 Successors and Assigns 13.2 Superintendent 3.9, 10.2.6 Supervision and 1.2.4, 3.3, Construction Procedures 3.4, 4.6.6, 4.7.4, 6.2.4, Time Limits on Claims 7.1.3, 7.3.4, 8.2, 8.3.1, 10, 12,14 Surety 4.8.1, 4.8.4, UNCOVERING AND 5.4.1.2, CORRECTION OF 9.10.2, WORK 9.10.3, 14.2.2 Surety, Consent of 9.10.2, 9.10.3 Surveys 2.2.2, 3.18.3 Suspension by the Owner 14.3 for Convenience 7.1.4, 7.3.3.2 Suspension of the Work 4.7.7, 5.4.2, 14.1.1.4, 14.3 Suspension or Termination 4.7.7, 5.4.1.1, of the Contract 14 Taxes 3.6, 7.3.6.4 Termination by the 14.1 Contractor 4.7.5, 4.9.1, Termination by the 5.4.1.1, 14.2 Owner for Cause 13.4.2 Termination of the 4.4 Architect 9.10.4, Termination of the 4.4 Construction Manager 4.7.5, 4.9.1, Termination of the 14.2.2 Contractor 11.3.3, TERMINATION OR 14 SUSPENSION OF THE 11.3.7, 13.4.2 CONTRACT 9.10.2 Tests and Inspections 3.3.3, 4.6.10, 4.6.16, 9.4.3, Warranty and 12.2.1, 13.5 TIME 8 Time, Delays and 4.7.8, 7.2.1, 0 Extensions of 8.3 Time Limits, Specific 2.1.2, 2.2.1, 2.4, 3.10, 4.6.18, 4.7, 4.8.1, 4.8.3, 4.8.4, 4.9.1, 4.9.4.1, 4.9.4.2, 5.3, 5.4, 7.3.5, 7.3.9, 8.2, 9.2, 9.3.1, 9.3.3, 9.4.1, 9.6.1, 9.7, 9.8.2, 9.10.2, 11.1.3, 11.3.6, 11.3.10, 11.3.11, 12.2.2, 12.2.4, 12.2.6, 13.7, 14 Time Limits on Claims 4.7.2, 4.7.3, 4.7.6, 4.7.9, 4.8, 4.9 Title to Work 9.3.2, 9.3.3 UNCOVERING AND 12 CORRECTION OF WORK Uncovering of Work 12.1 Unforeseen Conditions 4.7.6, 8.3.1, 10.1 Unit Prices 7.1.4, 7.3.3.2 Use of Documents 1.1.1, 1.3, 2.2.5, 3.12.7, 5.3 Use of Site 3.13, 6.1.1, 6.2.1 Values, Schedule of 9.2, 9.3.1 Waiver of Claims: Final 4.7.5, 4.9.1, Payment 9.10.3 Waiver of Claims by the 13.4.2 Architect Waiver of Claims by the 9.10.4, Contractor 11.3.7, 13.4.2 Waiver of Claims by the 4.7.5, 4.9.1, Owner 9.9.3, 9.10.3, 11.3.3, 11.3.5, 11.3.7, 13.4.2 Waiver of Liens 9.10.2 Waivers of Subrogation 6.1.1, 11.3.5, 11.3.7 Warranty and 3.5, 4.6.16, Warranties 4.7.5, 9.3.3, 9.8.2, 9.9.1, 12.2.2, Init. AIIA Document A2011CMBTM —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: I ms AIA- uocument is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 13 may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. (744410520) User Notes: 0 0 ARTICLE 1 GENERAL PROVISIONS § 1.1 BASIC DEFINITIONS § 1.1.1 THE CONTRACT DOCUMENTS The Contract Documents consist of the Agreement between Owner and Contractor (hereinafter 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 other documents such as bidding requirements (advertisement or invitation to bid, Instructions to Bidders, sample forms, the Contractor's bid 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 Architect and Contractor, (2) between the Construction Manager and Contractor, (3) between the Architect and Construction Manager, (4) between the Owner and a Subcontractor or Sub -subcontractor or (5) between any persons or entities other than the Owner and Contractor. The Construction Manager and Architect shall, however, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of their duties. § 1.1.3 THE WORK The term "Work" means the construction and services required, implied, or reasonably inferable from 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. The Work includes providing such supplementary or miscellaneous items, appurtenances and devises to the extent required by, or reasonably inferable from, the Contract Documents (whether shown or not) incidental to or necessary for a sound, secure, complete and functional installation. Further, the Work includes all labor, materials, equipment and services necessary to complete its Work in accordance with all applicable laws, including building related code requirements. § 1.1.4 THE PROJECT The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by other Contractors and by the Owner's own forces including persons or entities under separate contracts not administered by the Construction Manager. § 1.1.5 THE DRAWINGS The Drawings are the graphic and pictorial portions of the Contract Documents, wherever located and whenever issued, 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, construction systems, standards and workmanship for the Work, and performance of related services. § 1.1.7 THE PROJECT MANUAL The Project Manual is the volume usually assembled for the Work which may include the bidding requirements, sample forms, Conditions of the Contract and Specifications. § 1.1.8 FURNISH Unless specifically limited in context, the word "furnish" and any derivatives thereof shall mean to deliver the specified items, materials or equipment (and all necessary appurtenances to the extent required by, or reasonably inferable from, the Contract Documents for a proper installation) to the Project site and store in a secure location. �rtiL AIA Document A201/CMaTM —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 15 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No. 1000295111_1 which expires on 4/4/2008, and is not for resale. U (744410520) User Notes: r E § 1.2.6 In the event of an inconsistency, conflict, or ambiguity between or among the Contract Documents that cannot be resolved consistent with the provisions of Sections 1.1 and 1.2, the Contractor shall request a clarification from the Construction Manager. For the purpose of determining which Work affected by an unresolved inconsistency, conflict, or ambiguity shall be presumed to be included in the Contract Sum, the Contract Documents shall take precedence in the following order: .1 Written modifications to the Agreement; Change Orders, Construction Change Directives and ASIs, with those a later date taking precedence over those of an earlier date; .2 The Agreement; .3 Written Supplementary Conditions, if any, to the General Conditions; .4 General Conditions; Specifications; Drawings. Drawing details shall have precedence over plans, sections and elevations. Drawings of a larger scale shall have precedence over those of a smaller scale. Figured dimensions shall have precedence over scaled dimensions. § 1.3 OWNERSHIP AND USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS § 1.3.1 The Drawings, Specifications and other documents prepared by the Architect are instruments of the Architect's service through which the Work to be executed by the Contractor is described. The Contractor may retain one contract record set. Neither the Contractor nor any Subcontractor, Sub -subcontractor or material or equipment supplier shall own or claim a copyright in the Drawings, Specifications and other documents prepared by the Architect, and unless otherwise indicated the Owner shall be deemed the author of them and will retain all common law, statutory and other reserved rights, in addition to the copyright. All copies of them, except the Contractor's record set, shall be returned or suitably accounted for to the Owner, on request, upon completion of the Work. The Drawings, Specifications and other documents prepared by the Architect, and copies thereof furnished to the Contractor, are for use solely with respect to this Project. They are not to be used by the Contractor or any Subcontractor, Sub -subcontractor or material or equipment supplier on other projects or for additions to this Project outside the scope of the Work without the specific written consent of the Owner. The Contractor, Subcontractors, Sub -subcontractors and material or equipment suppliers are granted a limited license to use and reproduce applicable portions of the Drawings, Specifications and other documents prepared by the Architect appropriate to and for use in the execution of their Work under the Contract Documents. All copies made under this license shall bear the statutory copyright notice, if any, shown on the Drawings, Specifications and other documents prepared by the Architect. 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 Owner's copyright or other reserved rights. § 1.3.2 Although Owner requested Architect to prepare Construction Documents that are accurate, adequate, consistent, coordinated, and sufficient for construction, OWNER MAKES NO REPRESENTATION OR WARRANTY OF ANY NATURE WHATSOEVER TO CONTRACTOR CONCERNING SUCH DOCUMENTS. Contractor again hereby acknowledges and represents that it has received, reviewed, and carefully examined such documents, has found them to be complete, accurate, adequate, consistent, coordinated, and sufficient for construction, and that Contractor has not, does not, and will not rely upon any representations or warranties by Owner concerning such documents, as no such representations or warranties have been or are hereby made. § 1.4 CAPITALIZATION § 1.4.1 Terms capitalized in these General Conditions include those which are (1) specifically defined, (2) the titles of numbered articles or (3) the titles of other documents published by the American Institute of Architects. § 1.5 INTERPRETATION § 1.5.1 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. § 1.6 RELATIONSHIP BETWEEN PROJECT TEAM MEMBERS § 1.6.1 The Owner and Contractor agree that their objectives for this Contract are to: .1 Complete the Project according to the highest standards of quality; .2 Complete the Project on time; .3 Complete the Project within or under budget or estimates; Inst. AIA Document A201/CMaTm —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 17 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No. 1000295111_1 which expires on 4/4/2008, and is not for resale. (744410520) User Notes: § 2.2.5 Unless otherwise provided in the Contract Documents, the Contractor will be furnished, free of charge, such copies of Drawings and Project Manuals as are reasonably necessary for execution of the Work. § 2.2.6 The Owner shall forward all communications to the Contractor through the Construction Manager and shall contemporaneously provide the same communications to the Architect. § 2.2.7 The foregoing are in addition to other duties and responsibilities of the Owner enumerated herein and especially those in respect to Article 6 (Construction by Owner or by Other Contractors), Article 9 (Payments and Completion) and Article 11 (Insurance and Bonds). § 2.3 OWNER'S RIGHT TO STOP THE WORK § 2.3.1 If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents as required by Section 12.2 or persistently fails to carry out Work in accordance with the Contract Documents, the Owner, by written order signed personally or by an agent specifically so empowered by the Owner in writing, may order 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. § 2.4 OWNER'S RIGHT TO CARRY OUT THE WORK § 2.4.1 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven-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 cost of correcting such deficiencies, including compensation for the Construction Manager's and Architect's and their respective consultants' additional services and expenses made necessary by such default, neglect or failure. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. ARTICLE 3 CONTRACTOR § 3.1 DEFINITION; REPRESENTATIONS AND WARRANTIES § 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout this Agreement as if singular in number. The term "Contractor" means the Contractor or the Contractor's authorized representative. § 3.1.2 The plural term "Contractors" refers to persons or entities who perform construction under Conditions of the Contract that are administered by the Construction Manager, and that are identical or substantially similar to these Conditions. § 3.1.3 The Contractor makes the following express representations and warranties to the Owner, which shall survive the execution and delivery of the Agreement: .1 Contractor is fully qualified to act as a public works contractor for the Project and has, and shall maintain, any and all licenses, permits, or other authorizations necessary to perform the Work; .2 Contractor has become familiar with the Project site and the conditions under which the Project is to be constructed and operated; .3 Contractor has become familiar with all legal requirements applicable to the Work, including, not limited to, all applicable laws, statutes, ordinances and building codes; .4 Contractor has received, reviewed, compared, studied and carefully examined all of the Contract Documents and, except as reported, found them in all respects to be complete, accurate, adequate, consistent, coordinated and sufficient for the bidding and construction of the Work. Such review, comparison, study, and examination shall be a warranty that the Contract Documents are complete and the Project is buildable as described therein, except as reported to Construction Manager in writing; and .4 That the Contract Time is a reasonable period for performing the work. Inst. AIA Document A201/CMaTM-1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 19 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:45:07 on 04/27/2007 under Order No. 1000295111_1 which expires on 4/4/2008, and is not for resale. U (744410520) User Notes: .3 Substantial advantage is offered to the Owner after deducting offsetting disadvantages including delays, additional compensation to Architect and Construction Manager for redesign, investigation, evaluation and other necessary services and similar considerations; and .4 The specified product or method or construction cannot be provided in a manner that is compatible with other materials, or cannot be properly coordinated, warranted, or insured, and where the Contractor certifies that the substitution will overcome the deficiency. § 3.4.4 By making requests for substitutions based on Section 3.4.3 above, the Contractor: .1 Represents that he has personally investigated the proposed substitute and determined that it is equal or superior in all respects to that specified; .2 Represents that it will provide the same warranty for the substitution that it would for that specified; .3 Certifies that the cost data presented is complete and includes all related costs under separate contracts, but excludes the Architect's redesign costs, and waives all claims for additional costs related to the substitution which subsequently becomes apparent; and .4 Will coordinate the installation of the accepted substitute, making such changes as may be required for the Work to be complete in all respects. § 3.4.5 All materials delivered by or on account of the Contractor and intended to be incorporated into the construction of the Project shall become the property of the Owner as delivered, but the Contractor may repossess himself of any surplus remaining at the completion of this Contract. All scaffolding, apparatus, ways, works, machinery and plans brought upon the premises by the Contractor shall remain his property, but in the case of default, and completion of the Work by the Owner, Owner shall be entitled to use such scaffolding, apparatus, ways, works, machinery and plans without cost or liability for depreciation or damage by such use and without prejudice to Owner's other rights or remedies for any damage or loss sustained by reason of said default. § 3.5 WARRANTY § 3.5.1 The Contractor warrants to the Owner, Construction Manager and Architect that all labor furnished under this Contract shall be competent to perform the tasks undertaken, that the product of such labor shall yield only first- class results, that all materials and equipment furnished under the Contract will be of high quality and new unless otherwise required or permitted by the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform with the requirements of the Contract Documents. Any Work not strictly complying with these requirements shall constitute a breach of Contractor's warranty. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage. If required by the Construction Manager or Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. The Contractor shall assign and deliver any Subcontractor or supplier warranties to the Owner. § 3.6 TAXES § 3.6.1 The Contractor shall pay sales, consumer, use and similar taxes for the Work or portions thereof provided by the Contractor which are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect. § 3.6.2 The Contractor, in consideration of securing the business of erecting or constructing public works in the State if Idaho, recognizes that it is engaged in a transitory business and that in the pursuit thereof it property used therein may be outside the State of Idaho when taxes, excises, or license fees to which it is liable become payable. Accordingly, the Contractor understands, covenants and agrees: .1 To pay promptly when due all taxes (other than on real property), excises and license fees due to the State of Idaho, its subdivisions, municipal corporations and quasi -municipal corporations therein, accrued or accruing during the term of this Contract, whether or not the same shall be payable at the end of such term; .2 That if the said taxes, excises, and license fees are not payable at the end of said term, but liability for the payment thereof exists even though the same constitute liens upon its property, to secure the same to the satisfaction of the respective officers charged with the collection thereof, and .3 That, in the event of its default in the payment or securing of such taxes, excises, and license fees, to consent that the department, officer, board, or taxing unit entering into this Contract may withhold Init. AIA Document A201/CMaTm —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 21 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) communications shall be similarly confirmed on written request in each case. The superintendent shall supervise and direct the Work and shall not physically participate in the actual performance, assemblage or installation of the Work except limited participation that is incidental to such superintendent's supervisory duties. §3.9.2 Prior to commencement of the Work, Contractor shall provide Owner with the name, contact information, qualifications, experience and role of the superintendent and its assistants. The Contractor shall not retain any superintendent or assistant to which Owner has a reasonable objection. Upon Owner's request, Contractor shall replace the superintendent or any assistants that become reasonably unsatisfactory to Owner. So long as such individuals named remain actively employed or retained by Contractor, they shall perform the roles indicated unless Owner agrees to the contrary in writing. If one or more individuals not listed above subsequently assumes one or more of those functions listed above, the provisions of this Section 3.9 shall bind the Contractor as though Contractor had properly designated such individuals. § 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULE § 3.10.1 The Contractor, promptly after being awarded the Contract, shall prepare and submit for the Owner's and Architect's information and the Construction Manager's approval a Contractor's Construction Schedule for the Work. Such 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 construction schedule to the extent required by the Contract Documents, and shall provide for expeditious and practicable execution of the Work. The Contractor shall promptly report any delays in the performance of the Work to the Construction Manager. § 3.10.2 The Contractor shall cooperate with the Construction Manager in scheduling and performing the Contractor's Work to avoid conflict, delay in or interference with the Work of other Contractors or the construction or operations of the Owner's own forces. § 3.10.3 The Contractor shall prepare and keep current, for the Construction Manager's approval, a schedule of submittals which is coordinated with the Contractor's Construction Schedule and allows the Construction Manager reasonable time to review submittals. § 3.10.4 The Contractor shall conform to the most recent approved schedules. § 3.10.5 If the Work is not on schedule and the Construction Manager does not believe the Contractor's proposed action to bring the Work on schedule is adequate, then the progress of the Work shall be deemed unsatisfactory. In such event, in addition to its rights under Article 14, the Owner, at its discretion, may require the Contractor to work such additional time over regular hours, including Saturdays, Sundays and holidays, without additional cost to the Owner to bring the Work on schedule. § 3.10.6 Unless otherwise agreed by Owner, Contractor shall use the latest edition of "Primavera Project Planner", "Microsoft Project" or accepted equivalent CPM scheduling software to prepare and update the Construction Schedule. The Construction Schedule shall be provided to a level of detail acceptable to Construction Manager, and shall: .1 Use time -scaled logic diagrams based on an precedence concepts; .2 Be capable of providing various analysis of the schedule, including, but not limited to, listing of activities by code, predecessor, successor, trade and float; .3 Indicate an adequate number of scheduling activities to properly describe the nature and sequence by which Contractor intends to carry out the Work; (i) For activities that have not yet started, indicate the planned start and planned completion dates; (ii) For activities that have been started but not yet completed, the update of the schedule shall indicate the actual start date, percent complete, and forecast completion date; (iii) For activities that are completed, indicate the actual start dates and actual completion dates; and (iv) For activities which are behind schedule or have not started in accordance with the approved Construction Schedule, provide a narrative as to the reasons for behind schedule, the status Inst AIA Document A201/CAIS*" —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 23 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Nom; (744410520) review partial submittals or incomplete submittals. The Contractor shall maintain a submittal log that includes, at a minimum, the date of each submittal, the date of any resubmittal, the date of any approval or rejection, and the reason for any approval or rejection. Any Shop Drawings, Product Data, Samples or similar submittals that do not bear the Contractor's approval stamp will be returned without review. § 3.12.6 The Contractor shall perform no portion of the Work requiring submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been approved by the Construction Manager and, if appropriate, Architect. Such Work shall be in strict accordance with approved submittals. § 3.12.7 By approving and submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents that the Contractor has determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and has checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. § 3.12.6 The Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Construction Manager's and Architect's approval of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed the Construction Manager and Architect in writing of such deviation at the time of submittal and the Construction Manager and Architect have given written approval to the specific deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples or similar submittals by the Construction Manager's and Architect's approval thereof. § 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittals, to revisions other than those requested by the Construction Manager and Architect on previous submittals. § 3.12.10 Informational submittals upon which the Construction Manager and Architect are not expected to take responsive action may be so identified in the Contract Documents. § 3.12.11 When professional certification of performance criteria of materials, systems or equipment is required by the Contract Documents, the Construction Manager and Architect shall be entitled to rely upon the accuracy and completeness of such calculations and certifications. § 3.12.12 The Contractor shall provide a complete schedule of required Shop Drawings, Product Data, Samples or similar submittals to the Construction Manager within ten (10) days after execution of this Contract. Unless otherwise approved by Construction Manager, Shop Drawings, Product Data, Samples or similar submittals shall be submitted in sufficient time to allow not less than twenty-eight (28) days for the Construction Manager and Architect to review such submittals. § 3.13 USE OF SITE § 3.13.1 The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. § 3.13.2 The Contractor shall coordinate the Contractor's operations with, and secure the approval of, the Construction Manager before using any portion of the site. § 3.14 CUTTING AND PATCHING § 3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly. § 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner's own forces or of other Contractors by cutting, patching, excavating or otherwise altering such construction. The Contractor shall not cut or otherwise alter such construction by other Contractors or by the Owner's own forces except with written consent of the Construction Manager, Owner and such other Contractors; such consent shall not be unreasonably withheld. The Contractor shall not unreasonably withhold from the other Contractors or the Owner the Contractor's consent to cutting or otherwise altering the Work. Mit. AIA Document A201411119TM —1992. Copyright 01992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 25 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:45:07 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. U (744410520) User Notes: § 3.19.2 The Contractor shall provide the information necessary for the Construction Manager to provide the Owner with three (3) complete copies in loose-leaf binders of all operating and maintenance data, all manuals, instructions and directions for all products, materials, machinery and equipment for the Project, and shall instruct the Owner regarding the operation of all systems, machinery and equipment. ARTICLE 4 ADMINISTRATION OF THE CONTRACT § 4.1 ARCHITECT § 4.1.1 The Architect is the person lawfully licensed to practice architecture or an entity lawfully practicing architecture identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Architect" means the Architect or the Architect's authorized representative. §4.1.2 Owner has retained LCA Architects, P.A., an Idaho professional corporation ("Architect") to provide professional architectural services for the Project. Architect's authorized representative is: Steve Simmons LCA ARCHITECTS, P.A. 1221 Shoreline Lane Boise, Idaho 83702 Telephone: 208-345-6677 Facsimile: 208-344-9002 Email: ssimmonsl@lcarch.com In the event Owner should find it necessary or convenient to replace Architect, Owner shall retain a replacement architect who shall assume the role of Architect. Unless otherwise directed by Owner in writing, Architect will perform those duties and discharge those responsibilities allocated to them in this Contract. § 4.2 CONSTRUCTION MANAGER § 4.2.1 The Construction Manager 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 term "Construction Manager" means the Construction Manager or the Construction Manager's authorized representative. § 4.2.2 Owner has retained Petra Incorporated, an Idaho corporation ("Construction Manager") to provide construction management services for the Project. Construction Manager's authorized representative is: PETRA INCORPORATED 1097 N. Rosario Street Meridian, Idaho 83646 Telephone: 208-323-4500 Facsimile: 208-323-4507 Mobile: 208-860-7507 Email: gbennett@petrainc.net §4.2.3 In the event Owner should find it necessary or convenient to replace Construction Manager, Owner shall retain a replacement construction manager who shall assume the role of Construction Manager. Unless otherwise directed by Owner in writing, Construction Manager will perform those duties and discharge those responsibilities allocated to them in this Contract. § 4.3 [Deleted.] § 4.4 [Deleted.] § 4.5 Disputes arising under Sections 4.3 and 4.4 shall be subject to mediation pursuant to Section 4.9 below. § 4.6 ADMINISTRATION OF THE CONTRACT § 4.6.1 The Construction Manager and Architect will provide administration of the Contract as described in the Contract Documents, and will be the Owner's representatives (1) during construction, (2) until final payment is due AIA Document A201/CMaTm —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is Init. protected by U.S. copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of It, 27 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:45:07 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. U (744410520) User Notes: • 0 reject Work which does not conform to the Contract Documents. However, neither the Architect's nor the Construction Manager's authority to act under this Section 4.6. 10 nor a decision made by either of them in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect or the Construction Manager to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees, or other persons performing any of the Work. § 4.6.11 The Construction Manager will receive from the Contractor and review and approve all Shop Drawings, Product Data and Samples, coordinate them with information received from other Contractors, and transmit to the Architect those recommended for approval. The Construction Manager's actions will be taken with such reasonable promptness as to cause no delay in the Work of the Contractor or in the activities of other Contractors, the Owner, or the Architect. § 4.6.12 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 with such reasonable promptness as to cause no delay in the Work of the Contractor or in the activities of the other Contractors, the Owner, or the Construction Manager, 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. § 4.6.13 The Construction Manager will prepare Change Orders and Construction Change Directives. § 4.6.14 Following consultation with the Construction Manager, the Architect will take appropriate action on Change Orders or Construction Change Directives in accordance with Article 7 and will have authority to order minor changes in the Work as provided in Section 7.4. § 4.6.15 The Construction Manager will maintain at the site for the Owner one record copy of all Contracts, Drawings, Specifications, addenda, Change Orders and other Modifications, in good order and marked currently to record all changes and selections made during construction, and in addition approved Shop Drawings, Product Data, Samples and similar required submittals. These will be available to the Architect and the Contractor, and will be delivered to the Owner upon completion of the Project. § 4.6.16 The Construction Manager will assist the Architect in conducting inspections to determine the dates of Substantial Completion and final completion, and will receive and forward to the Architect written warranties and related documents required by the Contract and assembled by the Contractor. The Construction Manager will forward to the Architect a final Project Application and Project Certificate for Payment upon compliance with the requirements of the Contract Documents. § 4.6.17 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. § 4.6.18 The Construction Manager will interpret and decide matters concerning performance under and requirements of the Contract Documents on the written request of the Owner or Contractor. The Construction Manager's response to such requests will be made with reasonable promptness and within any time limits agreed upon. If no agreement is made concerning the time within which interpretations required of the Construction Manager shall be furnished in compliance with this Section 4.6, then delay shall not be recognized on account of failure by the Construction Manager to furnish such interpretations until 15 days after written request is made for them. Init. AIA Document A201/CMaTu —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, .29 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:45:07 on 04/27/2007 under Order No. 10002951111 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) 0 order to mitigate the alleged or potential damages, delay, or other adverse consequences that may arise from the facts underlying the Claim. § 4.7.4 Continuing Contract Performance. Pending final resolution of a Claim including mediation, unless otherwise agreed in writing the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. § 4.7.5 Waiver of Claims: Final Payment. The making of final payment shall not constitute a waiver of Claims by the (Paragraphs deleted) Owner. § 4.7.6 Claims for Concealed or Unknown Conditions. The Contractor acknowledges that it has had a reasonable opportunity to conduct a careful inspection of the Project site. If conditions are encountered at the site which are (1) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or reasonably ascertainable from a careful inspection of the Project site, or (2) unknown physical conditions of an unusual nature, which 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, then notice by the observing party shall be given to the other party promptly before conditions are disturbed and in no event later than 21 days after first observance of the conditions. The Construction Manager will promptly investigate such conditions and, if 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 Construction Manager determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Construction Manager shall so notify the Owner and Contractor in writing, stating the reasons. Claims by either party in opposition to such determination must be made within 21 days after the Construction Manager has given notice of the decision. If the Owner and Contractor cannot agree on an adjustment in the Contract Sum or Contract Time, the adjustment shall be referred to the Construction Manager for initial determination, subject to further proceedings pursuant to Section 4.8. § 4.7.7 Claims for Additional Cost. If the Contractor wishes to make Claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Section 10.3. If the Contractor believes additional cost is involved for reasons including but not limited to (1) a written interpretation from the Architect, (2) an order by the Owner to stop the Work where the Contractor was not at fault, (3) a written order for a minor change in the Work issued by the Architect, (4) failure of payment by the Owner, (5) termination of the Contract by the Owner, (6) Owner's suspension or (7) other reasonable grounds, Claim shall be filed in accordance with the procedure established herein. § 4.7.8 Claims for Additional Time. § 4.7.8.1 If the Contractor wishes to make 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. § 4.7.8.2 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 and could not have been reasonably anticipated, and that weather conditions had an adverse effect on the scheduled construction. § 4.7.9 Injury or Damage to Person or Property. If either party to the Contract suffers injury or damage to person or property because of an act or omission of the other party, of any of the other party's employees or agents, or of others for whose acts such party is legally liable, 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 first observance. The notice shall provide sufficient detail to enable the other party to investigate the matter. If a Claim for additional cost or time related to this Claim is to be asserted, it shall be filed as provided in Sections 4.7.7 or 4.7.8. Inst. AIA Document A201/CMa'm —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 31 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:45:07 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) • ARTICLE 5 SUBCONTRACTORS § 5.1 DEFINITIONS § 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. The term "Subcontractor" does not include other Contractors or subcontractors of other Contractors. § 5.1.2 A Sub -subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term "Sub -subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Sub -subcontractor or an authorized representative of the Sub - subcontractor. § 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK § 5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Construction Manager for review by the Owner, Construction Manager and Architect the names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal portion of the Work. The Construction Manager will promptly reply to the Contractor in writing stating whether or not the Owner, Construction Manager or Architect, after due investigation, has reasonable objection to any such proposed person or entity. Failure of the Construction Manager to reply promptly shall constitute notice of no reasonable objection. § 5.2.2 The Contractor shall not contract with a proposed person or entity to whom the Owner, Construction Manager or Architect has made reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. § 5.2.3 If the Owner, Construction Manager or Architect has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner, Construction Manager or Architect has no reasonable objection. The Contract Sum shall be increased or decreased by the difference in cost occasioned by such change and an appropriate Change Order shall be issued. However, no increase in the Contract Sum 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 change a Subcontractor, person or entity previously selected if the Owner, Construction Manager or Architect makes reasonable objection to such change. § 5.3 SUBCONTRACTUAL RELATIONS § 5.3.1 By appropriate written agreement, 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 which the Contractor, by these Documents, assumes toward the Owner, Construction Manager and Architect. Each subcontract agreement shall preserve and protect the rights of the Owner, Construction Manager and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub -subcontractors. The Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement which may be at variance with the Contract Documents. Subcontractors shall similarly make copies of applicable portions of such documents available to their respective proposed Sub -subcontractors. § 5.3.2 In furtherance of Section 5.3.1 above, any part of the Work performed for the Contractor by a Subcontractor or its Sub -subcontractor shall be pursuant to a written agreement between the Contractor and such Subcontractor (or the Subcontractor and its Sub -subcontractor at any tier), which shall be prepared on a form of subcontract satisfactory to the Owner. Each subcontract shall, where appropriate, contain provisions that: .1 Require each Subcontractor to ascribe to the objectives and agreements set forth in Section 1.6; .2 Require that the Work be performed according to the requirements of the Contract Documents; .3 Contain the waivers of subrogation consistent with the provisions of Section 11.3.7 below; Inst. AIA Document A201/CMaTM —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 33 may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) § 6.1.3 Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations related to the Project with the Owner's own forces, the Owner shall be deemed to be subject to the same obligations and to have the same rights which apply to the Contractor under the Conditions of the Contract, including, without excluding others, those stated in this Article 6 and in Articles 3, 10, 11 and 12. § 6.1.4 The Contractor acknowledges that its Work is only a portion of the Project and that Owner has retained other prime contractors, under substantially similar Conditions of the Contract and under the administration of the Construction Manager and Architect, to perform the other portions of the Project. The Contractor further acknowledges that the Owner, Construction Manager, Architect and Owner's other prime contractors expect, and are relying upon, the Contractor to timely and properly perform its obligations under the Contract. The Contractor understands and agrees that such other prime contractor's shall be an express third -party beneficiary of this Section 6.1.4 and, therefore, the Contractor will be responsible to Owner's other prime contractors for any damages they may incur that result from the Contractor's failure to timely and properly perform its obligations under this Contract. Further, Contractor understands that is it the beneficiary of substantially equivalent provisions in the Owner's contracts with its other prime contractors. Accordingly, if Contractor is delayed or damaged by the acts or omissions of another prime contractor of Owner, the Contractor shall look exclusively to such other prime contractor for the recovery of any damages that the Contractor may incur therefrom. The Contractor expressly acknowledges and agrees that Owner's other prime contractors are independent of the Owner, and that Owner shall not be liable for any acts or omissions of such other prime contractors. § 6.2 MUTUAL RESPONSIBILITY § 6.2.1 The Contractor shall afford the Owner's own forces, Construction Manager and other contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities, and shall connect and coordinate the Contractor's construction and operations with theirs as required by the Contract Documents. § 6.2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner's own forces or other contractors, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Construction Manager and Architect apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acknowledgment that the Owner's own forces or other Contractors' completed or partially completed construction is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable. § 6.2.3 Costs caused by delays or by improperly timed activities or defective construction shall be borne by the party responsible therefor. § 6.2.4 The Contractor shall promptly remedy damage wrongfully caused by the Contractor to completed construction or partially completed construction or to property of the Owner or other Contractors as provided in Section 10.2.5. § 6.2.5 Claims and other disputes and matters in question between the Contractor and other contractors shall be subject to the provisions of Sections 4.7 and 6.1.4 above, provided the other contractors have reciprocal obligations. § 6.2.6 The Owner and other Contractors shall have the same responsibilities for cutting and patching as are described for the Contractor in Section 3.14. § 6.3 OWNER'S RIGHT TO CLEAN UP § 6.3.1 If a dispute arises among the Contractor, other 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 as described in Section 3.15, the Owner may clean up and allocate the cost among those responsible as the Construction Manager, in consultation with the Architect, determines to be just. Init. AIA Document A201/CMaTM —199'!. Copyright 01992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 35 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 AIAsoftware at 10:45:07 on 04/27/2007 under Order No. 1000295111_1 which expires on 4/412008, and is not for resale. User Notes: (744410520) 0 • forth in the Change Order, the Owner shall not be obligated to make any adjustments to either the Contract Sum or Contract Time by reason of any conditions affecting the change in work addressed by the Change Order that could have reasonably been discovered or disclosed by the Contractor's examination. § 7.3 CONSTRUCTION CHANGE DIRECTIVES § 7.3.1 A Construction Change Directive is a written order prepared by the Construction Manager and signed by the Owner, Construction Manager and Architect, directing a change in the Work and stating a proposed basis for adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Sum and Contract Time being adjusted accordingly. § 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. § 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be based on one of the following methods: .1 mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; .2 unit prices stated in the Contract Documents or subsequently agreed upon; .3 cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or .4 as provided in Section 7.3.6. § 7.3.4 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Construction Manager and Architect in writing within forty-eight (48) hours 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. § 7.3.5 A Construction Change Directive signed by the Contractor indicates the agreement of the Contractor therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be incorporated into a future a Change Order. § 7.3.6 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the method and the adjustment shall be determined by the Construction Manager 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 allowance for overhead and profit in accordance with Section 7.2.3 above. In such case of an increase in the Contract Sum, and also under Section 7.3.3.3, the Contractor shall keep and present, in such form as the Construction Manager may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Section 7.3.6 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 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. § 7.3.7 Pending final determination of cost 'to the Owner, amounts not in dispute may be included in Applications for Payment. The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Construction Manager. 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. Inst. AIA Document A201/CNIaT9 —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved WARNING: This AIA® Document is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 37 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) 0 0 days or longer, or five (5) days or longer in any calendar month, shall be applied against the float or warrant an extension of time. § 8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Section 4.7. § 8.3.3 Except as expressly set forth in Section 8.3.4, the Contractor agrees to make no claim for damages for delay in the performance of this contract occasioned by any actor omission to act of Owner, its Architect, its Construction Manager, its agents or employees or any other contractor, and agrees that any such claim shall be fully compensated for by an extension of time to complete performance of the Work. § 8.3.4 Notwithstanding anything to the contrary set forth in Section 4.7.7 above or elsewhere in this Contract, the Contractor shall not be entitled to recover damages for delays, except for delays caused by Owner or for anyone whose acts the Owner may be liable. As a condition precedent to recovering additional compensation for any delays attributable to the Owner or anyone for whose acts the Owner may be liable or for delays identified in Section 8.3.1 above in excess of the float days set forth therein, the Contractor shall provide the Owner with written notice identifying the nature of the delay(s) and the Owner's responsibility therefor, and provide the Owner with a reasonable period to cure such cause(s). If the Owner fails to cure the cause of the delay(s), the Contractor may be entitled to make a claim for additional compensation for costs of the Work incurred as a direct result of such delay(s) if such delays were the result of a Construction Change Directive. The Contractor acknowledges and agrees that its sole remedy for such delays is additional compensation pursuant to this Section 8.3.4. The Contractor shall not be entitled to recover damages, lost profits or lost business opportunities from the Owner. ARTICLE 9 PAYMENTS AND COMPLETION § 9.1 CONTRACT SUM § 9.1.1 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 § 9.2.1 Within ten (10) days of commencement of this Contract, the Contractor shall submit to the Construction Manager, a schedule of values allocated to various portions of the Work, prepared in such form and supported by such data to substantiate its accuracy as the Construction Manager and Architect may require. The Contractor shall not imbalance its Schedule of Values nor artificially inflate any element thereof. This schedule, unless objected to by the Construction Manager or Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. § 9.3 APPLICATIONS FOR PAYMENT § 9.3.1 On or before the date set forth in Section 5.3 of the Agreement for each progress payment, the Contractor shall submit to the Construction Manager an itemized Application for Payment for Work completed in accordance with the schedule of values. Such application shall be on AIA Form G702, be notarized, if required, and supported by such data substantiating the Contractor's right to payment as the Owner, Construction Manager or Architect may require, such as copies of requisitions from Subcontractors and material suppliers, and reflecting retainage if provided for elsewhere in the Contract Documents. The Contractor shall submit four (4) originals of each Application for Payment. § 9.3.1.1 Such applications may include requests for payment on account of changes in the Work that have been properly authorized by Construction Change Directives but not yet included in Change Orders. § 9.3.1.2 Such applications may not include requests for payment of amounts the Contractor does not intend to pay to a Subcontractor or material supplier because of a dispute or other reason. § 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 applicable insurance, storage and transportation to the site for such materials and equipment stored off the site. Off site storage locations shall not Inst AIA Document A201/CM®Tm —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 39 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/20013, and is not for resale. User Notes: (744410520) § 9.5 DECISIONS TO WITHHOLD CERTIFICATION § 9.5.1 The Construction Manager or Architect may decide not to certify payment and may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Construction Manager's or Architect's opinion the representations to the Owner required by Section 9.4.3 cannot be made. If the Construction Manager or Architect is unable to certify payment in the amount of the Application, the Construction Manager or Architect will notify the Contractor and Owner as provided in Section 9.4.2. If the Contractor, Construction Manager and Architect cannot agree on a revised amount, the Construction Manager and Architect will promptly issue a Certificate for Payment for the amount for which the Construction Manager and Architect are able to make such representations to the Owner. The Construction Manager or Architect may also decide not to certify payment or, because of subsequently discovered evidence or subsequent observations, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Construction Manager's or Architect's opinion to protect the Owner from loss because of. .1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicating probable filing of such claims; .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 another 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 persistent 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. § 9.6 PROGRESS PAYMENTS § 9.6.1 After the Construction Manager and Architect have issued a Project Certificate for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents, and shall so notify the Construction Manager and Architect. Until conditions set forth in Section 9.10 are met, the Owner shall pay ninety- five percent (95%) of the amount due the Contractor on account of progress payments. If the Construction Manager and the Architect determine that the Contractor has made or is making satisfactory progress on any uncompleted portions of the work, the Owner may, at its discretion, release a portion of the retainage to the Contractor prior to the actual final completion of the conditions set forth in Section 9.10. § 9.6.2 The Contractor shall promptly pay each Subcontractor, upon receipt of payment from the Owner, out of the amount paid to the Contractor on account of such Subcontractor's portion of the Work, the amount to which said Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of such 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 similar manner. §9.6.2.1 The Contractor shall not withhold from a Subcontractor or supplier more than the percentage withheld from the Certificate of Payment for such Subcontractor's or supplier's portion of the Work. § 9.6.3 The Construction Manager will, on request, furnish to a Subcontractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Owner, Construction Manager and Architect on account of portions of the Work done by such Subcontractor. § 9.6.4 Neither the Owner, Construction Manager nor Architect shall have an obligation to pay or to see to the payment of money to a Subcontractor except as may otherwise be required by law. § 9.6.5 Payment to material 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. AIA Document A201/CMaTM —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is Inst. protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 41 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) E § 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Construction Manager, Contractor and Architect shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. § 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. § 9.10 FINAL COMPLETION AND FINAL PAYMENT § 9.10.1 Upon completion of the Work, the Contractor shall forward to the Construction Manager a written notice that the Work is ready for final inspection and acceptance and shall also forward to the Construction Manager a final Contractor's Application for Payment. Upon receipt, the Construction Manager will forward the notice and Application to the Architect who will promptly make such inspection. When the Architect, based on the recommendation of the Construction Manager, finds the Work acceptable under the Contract Documents and the Contract fully performed, the Construction Manager and Architect will promptly issue a final Certificate for Payment stating that to the best of their knowledge, information and belief, and on the basis of their observations 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 said final Certificate is due and payable. The Construction Manager's and 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 through the Construction Manager (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or other wise satisfied, (2) a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner, (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment and (5), if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner. If a Subcontractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including all costs and reasonable attorneys' fees. § 9.10.3 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion, and the Construction Manager and Architect so confirm, the Owner shall, upon application by the Contractor and certification by the Construction Manager and Architect, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Contract Documents, and if bonds have been furnished, the written consent of surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Architect through the Construction Manager prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. The making of final payment shall constitute a waiver of Claims by the Owner as provided in Section 4.4.5. § 9.10.4 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. Such waivers shall be in addition to the waiver described in Section 4.7.5. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY § 10.1 SAFETY PRECAUTIONS AND PROGRAMS § 10.1.1 The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Contract. Contractor hereby certifies that it has an established safety policy as required by the Occupational, Safety and Health Administration (OSHA), which requires regular safety meetings. The Contractor agrees to conduct weekly safety meetings regarding its Work under this agreement Inst. AIA Document A201/CMeTM —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 43 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:45:07 on 04/27/2007 under Order No. 1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) • 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; other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction; and construction or operations by the Owner or other Contractors. § 10.2.2 The Contractor shall give notices and comply with applicable laws, ordinances, rules, 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 for 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, and the Construction Manager reasonable prior written notice. § 10.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Documents) to property referred to in Sections 10.2.1.2, 10.2.1.3 and 10.2.1.4 caused in whole or in part by the Contractor, a Subcontractor, a Sub -subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Sections 10.2.1.2, 10.2.1.3 and 10.2.1.4, except damage or loss attributable to acts or omissions of the Owner, Construction Manager or Architect or anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Section 3.18. § 10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner, Construction Manager and Architect. § 10.2.7 The Contractor shall not load or permit any part of the construction or site to be loaded so as to endanger its safety. § 10.3 EMERGENCIES § 10.3.1 In an emergency affecting safety or 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 Section 4.7 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 set forth below. Such coverage shall include liability that may arise out of or result from the Contractor's 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. All insurance carriers must maintain an A.M. Best rating of "A-" or better. (Paragraphs deleted) Commercial General Liability. The Contractor shall procure and maintain until the Project has been completed and accepted by the Owner Commercial General Liability coverages with the following per project annual aggregate limits, using ISO Form CG 25030397 (or a substitute form providing equivalent coverage): General Aggregate Limit Not less than $5,000,000; (other than Product -Completed Operations) Init. AIA Document A201/CMaTM —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 45 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10.45:07 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4!2008, and is not for resale. User Notes: (744410520) 0 • .2 30 -Day Notice Clause — Unacceptable Language. Should any of the above-described polices be canceled, materially changed or non -renewed before the expiration date thereof, the issuing company will endeavor to mail 30 days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability on any kind upon the company. § 11.1.4 Required Clauses. .1 Breach of Warranty Clause. As to the interest of any additional insured, the insurance afforded by the policy shall be invalidated by any breach or violation by the named insured of any warranties, declarations or conditions. Notwithstanding the foregoing, the additional insureds shall be subject to all terms and conditions in the policy and nothing contained herein shall prevent exhaustion of the limits of liability by payment on behalf of any insured. .2 Separation of Insured (Cross Liability) Clause. Except with respect to the permissible limits of insurance, and any rights or duties specifically assigned in this coverage part to the first named insured, this insurance applies (i) as if each named insured were the only named insured, and (ii) separately to each insured against whom claim is made or lawsuit is brought. § 11.1.5 The Contractor shall require all Subcontractors and Sub -subcontractors of any tier to provide (i) Commercial General Liability Insurance (with not less than $1,000,000 coverage for personal injury and property damage); (ii) Worker's Compensation/Employer's Liability Insurance (not less than $500,000 coverage), and (iii) Business Automobile Liability Insurance (not less than $1,000,000 coverage) substantially as set forth in Section 11.1. The Contractor shall provide certificates of insurance evidencing such coverages prior to allowing such Subcontractors and Sub -subcontractors to commence of Work. § 11.2 OWNER'S LIABILITY INSURANCE § 11.2.1 The Owner shall be responsible for purchasing and maintaining the Owner's usual liability insurance. Optionally, the Owner may purchase and maintain other insurance for self-protection against claims which may arise from operations under the Contract. The Contractor shall not be responsible for purchasing and maintaining this optional Owner's liability insurance unless specifically required by the Contract Documents. § 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 in the amount of the initial Contract Sum as well as subsequent modifications thereto for the entire Work at the site on a replacement cost basis without voluntary 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 earlier. The Owner's insurance program is intended to cover the interests of the Owner and does not cover the interests of the Contractor, Subcontractors and Sub -subcontractors in the Work or material suppliers or others associated with the Project. § 11.3.1.1 Property insurance shall be on an "all-risk" policy form and shall insure against the perils of fire and extended coverage and physical loss or damage including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, falsework, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements. Coverage for other perils shall not be required unless otherwise provided in the Contract Documents. § 11.3.1.2 The Contractor shall maintain insurance as deemed necessary by the Contractor to protect its interests and the interests of its Subcontractors and their Sub -subcontractors in the Work, including property, materials, equipment, and tools. Materials incorporated into the Work and materials suitably stored at the Project site will be considered covered by the Owner's insurance program at 12:00 noon on the date Owner issues payment therefore. § 11.3.1.3 If the property insurance requires minimum deductibles and such deductibles are identified in the Contract Documents, the Contractor shall pay costs not covered because of such deductibles. If the Owner or insurer increases the required minimum deductibles above the amounts so identified or if the Owner elects to purchase this Init. AIA Document A201/CMaTM —1992. Copyright ®1992 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, or any portion of it, 4% may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) 0 § 11.3.9 The Owner shall deposit in a separate account proceeds so received, which the Owner shall distribute in accordance with such agreement as the parties in interest may reach, or in accordance with an settlement or judgment for a court of competent jurisdiction. If after such loss no other special agreement is made, replacement of damaged property shall be covered by appropriate Change Order. § 11.3.10 The Owner shall have power to adjust and settle a loss with insurers. § 11.3.11 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. § 11.4 PERFORMANCE BOND AND PAYMENT BOND § 11.4.1 The Contractor to furnish bonds covering faithful performance of the Contract and payment of obligations -- arising thereunder as stipulated in the "Supplementary Instructions to Bidders" and 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 permit a copy to be made. ARTICLE 12 UNCOVERING OF WORK, QUALITY CONTROL, AND CORRECTION OF WORK (Paragraph deleted) § 12.1 UNCOVERING OF WORK § 12.1.1 If a portion of the Work is covered contrary to the Construction Manager's or Architect's request or to requirements specifically expressed in the Contract Documents, it must, if required in writing by either, be uncovered for their observation and be replaced at the Contractor's expense without change in the Contract Time. § 12.1.2 If a portion of the Work has been covered which the Construction Manager or Architect has not specifically requested to observe prior to its being covered, the Construction Manager or Architect may request to see such Work and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate Change Order, be charged to the Owner. If such Work is not in accordance with the Contract Documents, the Contractor shall pay such costs unless the condition was caused by the Owner or one of the other Contractors in which event the Owner shall be responsible for payment of such costs. § 12.1.2 QUALITY CONTROL PROGRAM Continuous control of the quality of the Work is the essence of this Contract. The Contractor shall establish a quality control program satisfactory to the Construction Manager to assure the proper execution of the Work in accordance with this Contract. The Contractor shall at all times comply with the approved quality control program. § 12.2 CORRECTION OF WORK § 12.2.1 The Contractor shall promptly correct Work rejected by the Construction Manager or Architect or failing to conform to the requirements of the Contract Documents, whether observed before or after Substantial Completion and whether or not fabricated, installed or completed. The Construction Manager is authorized to call for extra inspection or testing of the work for compliance with requirements of the Contract Documents. The Contractor shall bear costs of correcting such rejected Work, including additional testing and inspections and compensation for the Construction Manager's and Architect's services and expenses made necessary thereby. § 12.2.2 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. This period of one year 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 performance of the Work. This AIA Document A201/CMa'm —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is Init. protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 49 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:45:07 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) • § 13.2.2 Contractor shall not assign all or part of the monies due or to become due hereunder without written consent of the Owner and the Contractor's surety. The Contractor's request for the Owner's consent shall include a copy of the proposed assignment and the surety's consent. Any instrument of assignment shall expressly subordinate all rights of the assignees thereunder to (i) all rights of the Owner under this Contract, (ii) payment of all subcontractors and laborers for Work performed, (iii) payment of all materials and equipment furnished, consumed, used or rented in performance of the Work, and (iv) payments of any amounts due to any governmental authority with jurisdiction over the Project or Contractor for Work performed, including, but not limited to, sales, use, income or employment taxes. § 13.3 WRITTEN NOTICE § 13.3.1 Written notice shall be deemed to have been duly served if delivered in person to the individual or 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 to the last business address known to the party giving notice. § 13.4 RIGHTS AND REMEDIES § 13.4.1 Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law. § 13.4.2 No action or failure to act by the Owner, Construction Manager, Architect or Contractor shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed in writing. § 13.5 TESTS AND INSPECTIONS § 13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made at an appropriate time. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give the Construction Manager and Architect timely notice of when and where tests and inspections are to be made so the Construction Manager and Architect may observe such procedures. The Owner shall bear costs of tests, inspections or approvals which do not become requirements until after bids are received or negotiations concluded. § 13.5.2 If the Construction Manager, Architect, Owner or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection or approval not included under Section 13.5.1, the Construction Manager and Architect will, upon written authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Contractor shall give timely notice to the Construction Manager and Architect of when and where tests and inspections are to be made so the Construction Manager and Architect may observe such procedures. The Owner shall bear such costs except as provided in Section 13.5.3. § 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, the Contractor shall bear all costs made necessary by such failure including those of repeated procedures and compensation for the Construction Manager's and Architect's services and expenses. § 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Construction Manager for transmittal to the Architect. § 13.5.5 If the Construction Manager or Architect is to observe tests, inspections or approvals required by the Contract Documents, the Construction Manager or Architect will do so promptly and, where practicable, at the normal place of testing. § 13.5.6 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. (nit. AIA Document A201/CMaTM� —1992. Copyright 01992 by The American Institute of Architects. All rights reserved WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 51 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User des: (744410520) 0 § 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 14.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished. § 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Construction Manager's and Architect's services and expenses made necessary thereby, such excess shall be paid to the Contractor. If such costs exceed the unpaid balance, the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or Owner, as the case may be, shall, upon application, be certified by the Architect after consultation with the Construction Manager, and this obligation for payment shall survive termination of the Contract. § 14.3 SUSPENSION BY THE OWNER FOR CONVENIENCE § 14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. § 14.3.2 An adjustment shall be made for increases in the cost of performance of the Contract, including profit on the increased cost of performance, caused by suspension, delay or interruption. No adjustment shall be made to the extent: that performance is, was or would have been so suspended, delayed or interrupted by another cause for which the Contractor is responsible; or that an equitable adjustment is made or denied under another provision of this Contract. § 14.3.3 Adjustments made in the cost of performance may have a mutually agreed fixed or percentage fee. §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: cease operations as directed by the Owner in the notice; take actions necessary, or that the Owner may direct, for the protection and preservation of the Work; and 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 the case of such termination for the Owner's convenience, the Contractor shall be entitled to receive payment from the Owner (i) for Work properly executed, (ii) reasonable, proven costs incurred by reason of such termination, such as the costs incurred by the Contractor pursuant to Section 14.4.2, and (iii) reasonable overhead and profit on the Work properly completed. Inst. AIA Document A201/CMaTM —1992. Copyright 01992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 53 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No.10002951 11_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) § 13.6 INTEREST § 13.6.1 Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the rate of eight percent (8%) per annum until the date payment is issued by Owner. § 13.7 COMMENCEMENT OF STATUTORY LIMITATION PERIOD § 13.7.1 As between the Owner and Contractor, any applicable statute of limitations shall commence to run and any legal cause of action shall be deemed to have accrued in any and all events (Paragraphs deleted) in accordance with Idaho Law. ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT § 14.1 TERMINATION BY THE CONTRACTOR § 14.1.1 The Contract may terminate the Contract if the Work is stopped for a period of 60 days through no act or fault of the Contractor or a Subcontractor, Sub -subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor, for any of the following reasons: .1 issuance of an order of a court or other public authority having jurisdiction; .2 an act of government, such as a declaration of national emergency, making material unavailable; .3 because the Construction Manager or Architect has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Section 9.4.2, or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents; or .4 if repeated suspensions, delays or interruptions 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 180 days in any 365 -day period, whichever is less. § 14.1.2 If one of the above reasons exists, the Contractor may, upon fourteen additional days' written notice to the Owner, Construction Manager and Architect, terminate the Contract and recover from the Owner payment (i) for Work properly executed, (ii) for proven loss with respect to materials, equipment, tools, and construction equipment and machinery, and (iii) reasonable overhead and profit on the Work properly completed. § 14.1.3 If the Work is stopped for a period of 60 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 persistently failed to fulfill the Owner's obligations under the Contract Documents with respect to matters important to the progress of the Work, the Contractor may, upon seven additional days' written notice to the Owner, Construction Manager and Architect, terminate the Contract and recover from the Owner as provided in Section 14.1.2. § 14.2 TERMINATION BY THE OWNER FOR CAUSE § 14.2.1 The Owner may terminate the Contract if the Contractor: .1 persistently or 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 persistently disregards laws, ordinances, or rules, regulations or orders of a public authority having jurisdiction; 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, after consultation with the Construction Manager, and upon certification by the Architect 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 take possession of the site and 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. AIA Document A201/CMaTm —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is Init. protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 52 may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) obligation under this Section 12.2.2 shall survive acceptance of the Work under the Contract and termination of the Contract. The Owner shall give such notice promptly after discovery of the condition. § 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 If the Contractor fails to correct nonconforming Work within a reasonable time, the Owner may correct it in accordance with Section 2.4. If the Contractor does not proceed with correction of such nonconforming Work within a reasonable time fixed by written notice from the Architect issued through the Construction Manager, the Owner may remove it and store the salvable materials or equipment at the Contractor's expense. If the Contractor does not pay costs of such removal and storage within ten days after written notice, the Owner may upon ten additional days' written notice sell such materials and equipment at auction or at private sale and shall account for the proceeds thereof, after deducting costs and damages that should have been borne by the Contractor, including compensation for the Construction Manager's and Architect's services and expenses made necessary thereby. If such proceeds of sale do not cover costs that the Contractor should have borne, the Contract Sum shall be reduced by the deficiency. If payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the Owner. § 12.2.5 The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of the Owner or other Contractors caused by the Contractor's correction or removal of Work which is not in accordance with the requirements of the Contract Documents. § 12.2.6 Nothing contained in this Section 12.2 shall be construed to establish a period of limitation with respect to other obligations that the Contractor might have under the Contract Documents. Establishment of the time period of one year 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 § 12.3.1 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 § 13.1.1 The Contract shall be governed by the law of the place where the Project is located. § 13.1.2 The Contractor and the Work shall strictly comply with all applicable federal, state, local and municipal laws, rules, regulations, statutes, ordinances and orders of any public authority having jurisdiction over the Project (hereinafter referred to as "Laws"), including, but not limited to: .1 any labor, wage, equal opportunity employment, environmental and safety Laws; .2 any applicable provisions of the Public Works Contractor's State License Law, Title 54, Chapter 19, Idaho Code, as it may be amended from time to time; and .3 any applicable provisions of Sections 44-1001 and 44-1002, Idaho Code, regarding the employment of residents of Idaho. § 13.2 SUCCESSORS AND ASSIGNS § 13.2.1 The Owner and Contractor respectively bind themselves, their partners, successors, assigns and legal representatives to the other party hereto and to partners, successors, assigns and legal representatives of such other party in respect to covenants, agreements and obligations contained in the Contract Documents. 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. AIA Document A201/CMaTM —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is Init. protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 50 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No.10002951 11_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) 0 insurance with voluntary deductible amounts, the Owner shall be responsible for payment of the additional costs not covered because of such increased or voluntary deductibles. § 11.3.1.4 The Contractor shall provide insurance coverage for portions of the Work stored off-site, for portions of the Work in transit, and all portions of the Work stored at the Project site, and all material and equipment incorporated into the Work until covered by the Owner's insurance program as described in Section 11.3.1.2 above. § 11.3.1.5 The insurance required by this Section 11.3 is not intended to cover machinery, tools or equipment owned or rented by the Contractor that are utilized in the performance of the Work but not incorporated into the permanent improvements. The Contractor shall, at the Contractor's own expense, provide insurance coverage for owned or rented machinery, tools or equipment which shall be subject to the provisions of Section 11.3.7. § 11.3.2 Boiler and Machinery Insurance. The Owner shall purchase and maintain boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the Owner; this insurance shall include interests of the Owner, Construction Manager, Contractor, Subcontractors and Sub -subcontractors in the Work, and the Owner and Contractor shall be named insureds. § 11.3.3 Loss of Use Insurance. The Owner, at the Owner's option, may purchase and maintain such insurance as will insure the Owner against loss of use of the Owner's property due to fire or other hazards, however caused. § 11.3.4 If the Contractor requests in writing that insurance for risks other than those described herein or for other special hazards be included in the property insurance policy, the Owner shall, if possible, include such insurance, and the cost thereof shall be charged to the Contractor by appropriate Change Order. § 11.3.5 If during the Project construction period the Owner insures properties, real or personal or both, adjoining or adjacent to the site by property insurance under policies separate from those insuring the Project, or if after final payment property insurance is to be provided on the completed Project through a policy or policies other than those insuring the Project during the construction period, the Owner shall waive all rights in accordance with the terms of Section 11.3.7 for damages caused by fire or other perils 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 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 each other and against the Construction Manager, Architect, Owner's other Contractors and own forces described in Article 6, if any, and the subcontractors, sub -subcontractors, consultants, agents and employees of any of them, for damages caused by fire or other perils to the extent covered by property insurance obtained pursuant to this Section 11.3 or other property insurance applicable to the Work, except such rights as the Owner and Contractor may have to the proceeds of such insurance held by the Owner. The Owner or Contractor, as appropriate, shall require of the Construction Manager, Construction Manager's consultants, Architect, Architect's consultants, Owner's separate contractors described in Article 6, if any, and the subcontractors, sub -subcontractors, agents and employees of any of them, by appropriate agreements, written where legally required for validity, similar waivers each in favor of other parties enumerated herein. The policies shall provide such waivers of subrogation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged. § 11.3.8 A loss insured under Owner's property insurance shall be adjusted by the Owner and made payable to the Owner. 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/CMaTm —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is Init. protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 48 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) • Product -Completed Operations Aggregate Limit Personal and Advertising Injury Limit Each Occurrence Limit Fire Damage Limit (any one fire) Medical Expense Limit (any one person) • Not less than $5,000,000; Not less than $5,000,000; Not less than $5,000,000; Not less than $ 100,000; and Not less than $ 10,000. Such policy or policies must include broad form property damage coverage including, but not limited to, damage arising from blasting, explosion, collapse of structures or other property or damage to underground utilities and property with any X.C.U. exclusion removed. The policy or policies must include contractor's protective liability insurance, product and completed operations coverage and contractual liability insurance that includes coverage for the Contractor's obligations under Section 3.18. The General Liability policy shall be endorsed to include personal injury, libel, slander, wrongful eviction, and false arrest. All policies shall be written on an occurrence basis rather than claims made. At the Contractor's option, such coverage may be provided by separate policies for Contractor and for Owner and other named insured, or by naming the Owner and the other named insureds as additional named insureds on the Contractor's policy. If coverage is obtained by naming Owner and others as additional named insureds, the policy must contain a separation of insureds (cross liability) clause and a breach of warranty clause as set forth in Section 11. 1.4 below and the certificate must so indicate. .2 Worker's Compensation. The Contractor shall procure and maintain until the Project has been completed and accepted by the Owner statutory Worker's Compensation coverage and showing Employer's Liability coverage with minimum coverage of One Million Dollars ($1,000,000). In addition, Contractor must provide evidence that its Subcontractors and their subcontractors carry similar coverage. The Owner and other named insureds requested by the Owner need not be named as an additional insured on the Employer's Liability coverage or the Worker's Compensation coverage unless specifically requested. Subject to the Owner's approval, the Contractor may include Employer's Liability coverage in the Umbrella or Excess Liability Coverage of its General Liability and Automobile Liability policies. .3 Automobile. The Contractor shall procure and maintain until the Project has been completed and accepted by the Owner, Comprehensive Automobile Liability Insurance for all owned, non -owned and hired vehicles with single combined limit of not less than Two Million Dollars ($2,000,000) per occurrence. Such coverage must name the Owner and other named insureds as may be requested by the Owner as additional insureds. § 11.1.2 The insurance required by Section 11.1.1 shall be written for not less than limits of liability specified therein, in the Contract Documents or required by law, whichever coverage is greater. Coverages shall be maintained without interruption from date of commencement of the Work until date of final payment and termination of any coverage required to be maintained after final payment. Additional insurance coverage shall apply as primary insurance with respect to any other insurance afforded to Owner and the other named insureds. § 11.1.3 Certificates of insurance acceptable to the Owner shall be submitted to the Construction Manager for transmittal to the Owner with a copy to the Architect prior to commencement of the Work. 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. If any of the foregoing insurance coverages are required to remain in force after final payment and are reasonably available, an additional certificate evidencing continuation of such coverage shall be submitted with the final Application for Payment as required by Section 9.10.2. Information concerning reduction of coverage shall be furnished by the Contractor with reasonable promptness in accordance with the Contractor's information and belief. .1 30 -Day Notice Clause — Acceptable Language. As a condition precedent to any modification, cancellation or nonrenewal of the policy or policies by the insuring company during the periods of coverage as stated herein, thirty (30) days prior written notice of such cancellation, material change or non -renewal will be mailed to the party to whom this certificate is issued. Inst AIA Document A201/CMarr" —1992. Copyright ®1992 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 Al a Document, or any portion of It, 46 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) • and shall promptly prepare minutes of such meetings and provide copies of such minutes to Contractor as the Work progresses. The Contractor agrees to comply with all requirements of OSHA relating to the Work and shall maintain and provide all applicable material safety data sheets in accordance with OSHA requirements. The safety program shall be designed according to criteria provided by the Construction Manager. The safety policy shall also require a drug and alcohol free workplace enforced through pre-employment testing, random testing, periodic testing, for cause testing and immediate mandatory testing for any employees involved in any accidents or incidents. The Contractor shall submit the Contractor's safety program to the Construction Manager for review and coordination with the safety programs of other Contractors. The Contractor shall at all times comply with the approved safety program. § 10.1.2 In the event the Contractor encounters on the site material reasonably believed to be asbestos or polychlorinated biphenyl (PCB) which has not been rendered harmless, the Contractor shall immediately stop Work in the area affected and report the condition to the Owner, Construction Manager and Architect in writing. The Work in the affected area shall not thereafter be resumed except by written agreement of the Owner and Contractor if in fact the material is asbestos or polychlorinated biphenyl (PCB) and has not been rendered harmless. The Work in the affected area shall be resumed in the absence of asbestos or polychlorinated biphenyl (PCB), or when it has been rendered harmless, by written agreement of the Owner and Contractor, or in accordance with final determination by the Architect. § 10.1.3 The Contractor shall not be required pursuant to Article 7 to perform without consent any Work relating to asbestos or polychlorinated biphenyl (PCB). § 10.1.4 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Construction Manager, Architect, their consultants, and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work in the affected area if in fact the material is asbestos or polychlorinated biphenyl (PCB) 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) including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Owner, anyone directly or indirectly employed by the Owner or anyone for whose acts the Owner may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Section 10.1.4. § 10.1.5 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the Owner, Construction Manager and Architect in writing. The Owner, Contractor, Construction Manager and Architect shall then proceed in the same manner described in Section 10.1.2. § 10.1.6 The Owner shall be responsible for obtaining the services of a licensed laboratory to verify a presence or absence of the material or substance reported by the Contractor and, in the event such material or substance is found to be present, to verify that it has been rendered harmless. Unless otherwise required by the Contract Documents, the Owner shall furnish in writing to the Contractor, Construction Manager and Architect the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of such material or substance or who are to perform the task of removal or safe containment of such material or substance. The Contractor, the Construction Manager and the Architect will promptly reply to the Owner in writing stating whether or not any of them has reasonable objection to the persons or entities proposed by the Owner. If the Contractor, Construction Manager or Architect has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Contractor, the Construction Manager and the Architect have no reasonable objection. § 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; AIA Document A201/CMeTM —1982. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is Init. protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 44 may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:45:07 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) • 0 § 9.7 FAILURE OF PAYMENT § 9.7.1 If, through no fault of the Contractor, 1) the Construction Manager and Architect do not issue a Project Certificate for Payment within fourteen days after the Construction Manager's receipt of the Contractor's Application for Payment or 2) the Owner does not pay the Contractor within seven days after the date established in the Contract Documents the amount certified by the Construction Manager and Architect, then the Contractor may, upon seven additional days' written notice to the Owner, Construction Manager and Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shut -down, delay and start- up, which shall be accomplished as provided in Article 7. § 9.8 SUBSTANTIAL COMPLETION § 9.8.1 Substantial Completion is the stage in the progress of the Work as certified in writing by the Construction Manager and Architect, when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work for its intended use. § 9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor and Construction Manager shall jointly prepare and submit to the Architect a comprehensive list of items to be completed or corrected. The Contractor shall proceed promptly to complete and correct items on the list. 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. Upon receipt of the list, the Architect, assisted by the Construction Manager, will make an inspection to determine whether the Work or designated portion thereof is substantially complete. If the Architect's inspection discloses any item, whether or not included on the list, which is not in accordance with the requirements of the Contract Documents, the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by the Architect. The Contractor shall then submit a request for another inspection by the Architect, assisted by the Construction Manager, to determine Substantial Completion. When the Work or designated portion thereof is substantially complete, the Architect will prepare a Certificate of Substantial Completion which shall establish the date of Substantial Completion, shall establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in such Certificate. § 9.8.3 Upon Substantial Completion of the Work or designated portion thereof and upon application by the Contractor and certification by the Construction Manager and Architect, the Owner shall make payment, reflecting adjustment in retainage, if any, for such Work or portion thereof as provided in the Contract Documents. The payment shall be sufficient to increase the total payment to ninety-five percent (95%) of the Contract sum, less such amounts as the Construction Manager determines to be necessary to withhold for incomplete Work and unsettled claims. The amount withheld for incomplete Work and unsettled claims shall be one hundred fifty percent (150%) of the cost to the Owner to complete such Work or settle such claims. § 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 11.3.11 and authorized by public authorities having jurisdiction over the Work. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, the Contractor and Construction Manager shall jointly prepare and submit a list to the Architect as provided under Section 9.8.2. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Contractor or, if no agreement is reached, by decision of the Architect after consultation with the Construction Manager. Inst. AIA Document A201/CMaTM —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA'" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 42 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) • 0 be outside the State of Idaho. Any materials stored off-site and paid for by the Owner shall be physically marked as being the Owner's property. § 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. § 9.3.4 Upon Construction Manager's request, the Contractor shall submit its Applications for Payment (other than the initial application) with properly executed and acknowledged lien releases for all prior payments by (i) the Contractor, (ii) all major Subcontractors and material suppliers, and (iii) any potential lienors who has filed, or has threatened to file, any lien or encumbrance against the Project. All lien releases for the Project shall be on a form acceptable to the Owner, consistent in wording and shall: (i) waive any liens or right to lien with respect to Work covered by prior payments; (ii) certify the amount such person or entity has received under all prior payments; and (iii) that no contract related to the Project held by such person or entity has changed, or, if any contract has changed, indicating the nature and extent of any change. § 9.3.5 In the event the Contractor is in breach of its payment obligations to a Subcontractor pursuant to its contract with such Subcontractor, and after three (3) days written notice from the Owner, the Owner has the right to issue joint payee checks to the Contractor. In the event of a dispute between the Contractor and Subcontractor or material supplier as any amount due to such Subcontractor or material supplier, the Owner may issue a joint payee check to the Contractor and such Subcontractor or material supplier in the disputed amount and deduct the amounts so paid from the balance of the payment due the Contractor. § 9.4 CERTIFICATES FOR PAYMENT § 9.4.1 The Construction Manager will assemble a Project Application for Payment by combining the Contractor's applications with similar applications for progress payments from other Contractors and, after certifying the amounts due on such applications, forward them to the Architect within seven days. § 9.4.2 Within seven days after the Architect's receipt of the Project Application for Payment, the Construction Manager and Architect will either issue to the Owner a Project Certificate for Payment, with a copy to the Contractor, for such amount as the Construction Manager and Architect determine is properly due, or notify the Contractor and Owner in writing of the Construction Manager's and Architect's reasons for withholding certification in whole or in part as provided in Section 9.5.1. Such notification will be forwarded to the Contractor by the Construction Manager. § 9.4.3 The issuance of a separate Certificate for Payment or a Project Certificate for Payment will constitute representations made separately by the Construction Manager and Architect to the Owner, based on their individual observations at the site and the data comprising the Application for Payment submitted by the Contractor, that the Work has progressed to the point indicated and that, to the best of the Construction Manager's and Architect's knowledge, information and belief, 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 minor deviations from the Contract Documents correctable prior to completion and to specific qualifications expressed by the Construction Manager or Architect. The issuance of a separate Certificate for Payment or a Project Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a separate Certificate for Payment or a Project Certificate for Payment will not be a representation that the Construction Manager or Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed the Contractor's construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment or (4) made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. lnit AIA Document A201/Cb@TM —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 40 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) 0 § 7.3.8 If the Owner and Contractor do not agree with the adjustment in Contract Time or the method for determining it, the adjustment or the method shall be referred to the Construction Manager for determination. § 7.3.9 When the Owner and Contractor agree with the determination made by the Construction Manager concerning the adjustments in the Contract Sum and Contract Time, or otherwise reach agreement upon the adjustments, such agreement shall be effective immediately issued through the Construction Manager and shall be recorded by preparation and execution of an appropriate Change Order. § 7.4 MINOR CHANGES IN THE WORK § 7.4.1 The Architect will have 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 shall be effected by written order issued through the Construction Manager and shall be binding on the Owner and Contractor. The Contractor shall carry out such written orders promptly. § 7.4.2 If the Contractor feels that any order for a minor change in the Work, a directive from the Construction Manager, or response to a request for information will require an adjustment to the Contract Sum or Contract Time, the Contractor shall not execute such direction and immediately notify the Construction Manager and Architect in writing of the nature of the adjustment that will be required. 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. The date shall not be postponed by the failure to act of the Contractor or of persons or entities for whom the Contractor is responsible. § 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. The date of commencement of the Work shall not be changed by the effective date of such insurance. Unless the date of commencement is established by a notice to proceed given by the Owner, the Contractor shall notify the Owner in writing not less than five days or other agreed period before commencing the Work to permit the timely filing of mortgages, mechanic's liens and other security interests. § 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 on the critical path by an act or neglect of the Owner, Construction Manager 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 or litigation, or by other causes which the Owner determines may justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as the Owner may determine. The Owner and Contractor acknowledge and agree that the critical path construction schedule for the Project incorporates not less than thirty (30) days of "float" for owner caused delays and that an extension of time is warranted only if events identified above cause total delay on the critical path in excess of such float days. Further, only delays that cause the cessation of construction activities on the critical path for a period of three (3) consecutive Inst AIA Document A201/CMaTM —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 38 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) 0 0 ARTICLE 7 CHANGES IN THE WORK § 7.1 CHANGES § 7.1.1 Changes in the Work may be accomplished after execution of the Contract, and without invalidating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. § 7.1.2 A Change Order shall be based upon agreement among the Owner, Construction Manager, Architect and Contractor; a Construction Change Directive requires agreement by the Owner, Construction Manager and Architect and may or may not be agreed to by the Contractor; an order for a minor change in the Work may be issued by the Architect alone. § 7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents, and Contractor shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive or order for a minor change in the Work. § 7.1.4 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally contemplated are so changed in a proposed Change Order or Construction Change Directive 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. § 7.2 CHANGE ORDERS § 7.2.1 A Change Order is a written instrument prepared by the Construction Manager and signed by the Owner, Construction Manager, Architect and Contractor, stating their agreement upon all of the following: .1 a change in the Work; .2 the amount of the adjustment in the Contract Sum, if any; and .3 the extent of the adjustment in the Contract Time, if any. § 7.2.2 Methods used in determining adjustments to the Contract Sum may include those listed in Section 7.3.3. § 7.2.3 The maximum amount for profit, overhead, bonds and insurance combined, which may be added to any Change Order, shall be as follows: .1 For the Contractor, for Work performed by the Contractor's own forces, fifteen percent (15%) of the cost of the Work performed by the Contractor's own forces (which is for 10% profit, 2% for overhead, 2% for bonds and 1% for insurance); .2 For the Contractor, for Work performed by a Subcontractor, five percent (5%) of the amount due the Subcontractor; .3 For each Subcontractor or Sub -subcontractor involved, for Work performed by that Subcontractor's own forces, ten percent (10%) of the cost of the Work performed by the Subcontractor or Sub - subcontractor; and .4 For each Subcontractor, for work performed by such Subcontractor's Sub -subcontractors, five percent (5%) of the cost of the Work performed by the Sub -subcontractors. The costs to which the above percentages shall be applied are set forth in Section 7.3.6. In order to facilitate checking of quotations for extras or credits, all proposals, except those so minor that their propriety can be seen by inspection, shall be accompanied by a complete itemization of costs including labor and materials for the Contractor, each Subcontractor and each Sub -subcontractor. Such itemization will be required for any Change Order over $500.00. § 7.2.4 Any Change Order shall constitute a final and full settlement of all matters relating to or affected by the change in the Work, including, but not limited to, all direct, indirect and consequential cost associated with such change and any and all adjustments to the Contract Sum and Contract Time. The Contractor shall include the Work covered by such Change Order as if such Work were originally part of the requirements of the Contract Documents. § 7.2.5 By the execution of a Change Order, the Contractor agrees and acknowledges that it has had sufficient time and opportunity to examine the change in Work which is the subject of the Change Order and that it has undertaken all reasonable efforts to discover and disclose any concealed or unknown conditions which may to any extent affect the Contractor's ability to perform in accordance with the Change Order. Aside from those matters specifically set Inst. AIA Document A201/CLI@Tm —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 36 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) 0 0 .4 Require the Subcontractor to carry and maintain insurance coverage according to the Contract Documents and to file certificates of the coverage with the Contractor; .5 Require submission to Contractor or Subcontractor, as the case may be, of applications for payment in a form approved by the Owner, together with clearly defined invoices and billings supporting all the applications under each subcontract to which the Contractor is a party; .6 Report, so far as practicable, unit prices and any other feasible formula for use in the determination of costs of changes in the Work; .7 Require each Subcontractor to furnish to the Contractor in a timely fashion all information necessary for the preparation and submission of reports; .8 Require that each Subcontractor continue to perform under its subcontract in the event the Contract is terminated and the Owner shall take an assignment of the subcontract and request Subcontractor to continue performance; and .9 Require each Subcontractor to remove all debris created by its activities. § 5.3.3 The Contractor shall not enter into any subcontract, contract, agreement, purchase order or other arrangement ("Arrangement") for the furnishing of any portion of the materials, services, equipment or Work with any party or entity if the party or entity is an Affiliated Entity (as defined in this Section), unless the Arrangement was approved by the Owner and Construction Manager, after full disclosure in writing by the Contractor to the Owner and Construction Manager of the affiliation or relationship and all details relating to the proposed Arrangement. The term "Affiliated Entity" means (a) any entity related to or affiliated with the Contractor or with respect to which the Contractor has direct or indirect ownership or control, including, without limitation, any entity owned in whole or part by the Contractor, (b) any holder of more than 10% of the issued and outstanding shares of, or the holder of any interest in, the Contractor; and (c) any entity in which any officer, director, employee, partner or shareholder (or member of the family of any of the foregoing persons) of the Contractor or any entity owned by the Contractor as a direct or indirect interest, which interest includes, but is not limited to, that of a partner, employee, agent or shareholder. § 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 which the Owner accepts by notifying the Subcontractor in writing; and .2 assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract. § 5.4.2 If the Work has been suspended for more than 60 days, the Subcontractor's compensation shall be equitably adjusted. § 5.4.3 All subcontract and material purchase agreements entered into by the Contractor shall be assignable to Owner pursuant to this Section 5.4 without any change in price or scope. The Contractor shall incorporate the foregoing requirement in all subcontract and material purchase agreements, either by specific wording or by reference to this Section 5.4. ARTICLE 6 CONSTRUCTION BY OWNER OR BY OTHER CONTRACTORS § 6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION WITH OWN FORCES AND TO AWARD OTHER CONTRACTS § 6.1.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces, which include persons or entities under separate contracts not administered by the Construction Manager. The Owner further reserves the right to award other contracts in connection with other portions of the Project or other construction or operations on the site. 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 elsewhere in the Contract Documents. § 6.1.2 When the Owner performs construction or operations with the Owner's own forces including persons or entities under separate contracts not administered by the Construction Manager, the Owner shall provide for coordination of such forces with the Work of the Contractor, who shall cooperate with them. Inst AIA Document A201/CMaTM —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 34 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45.07 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) 0 ! § 4.8 RESOLUTION OF CLAIMS AND DISPUTES § 4.8.1 The Construction Manager, with the assistance of the Architect, will review Claims and take one or more of the following preliminary actions within ten days of receipt of a Claim: (1) request additional supporting data from the claimant, (2) submit a schedule to the parties indicating when the Construction Manager expects to take action, (3) reject the Claim in whole or in part, stating reasons for rejection, (4) recommend approval of all or part of the Claim by the other party, (5) suggest a compromise, or (6) attempt to facilitate the resolution of the Claim through direct, informal discussions. The Construction Manager may also, but is not obligated to, notify the surety, if any, of the nature and amount of the Claim. § 4.8.2 If a Claim has been resolved, the Construction Manager will prepare or obtain appropriate documentation. § 4.8.3 If a Claim has not been resolved, the party making the Claim shall, within ten days after the Construction Manager's preliminary response, take one or more of the following actions: (1) submit additional supporting data requested by the Construction Manager, (2) modify the initial Claim or (3) notify the Construction Manager that the initial Claim stands. § 4.8.4 If a Claim has not been resolved after consideration of the foregoing and of further evidence presented by the parties or requested by the Construction Manager, the Construction Manager will notify the parties in writing that the Construction Manager's decision will be made within seven days. Upon expiration of such time period, the Construction Manager will render to the parties the Construction Manager's written decision relative to the Claim, including any change in the Contract Sum or Contract Time or both. If there is a surety and there appears to be a possibility of a Contractor's default, the Construction Manager may, but is not obligated to, notify the surety and request the surety's assistance in resolving the controversy. § 4.8.5 The Construction Manager's decision shall be final and binding on the parties unless a demand for to mediate the Claim pursuant to Section 4.9 below is made within 30 days after the Construction Manager's decision. The failure to demand mediation within said 30 days' period shall result in the Construction Manager's final and binding upon the Owner and Contractor. § 4.9 MEDIATION § 4.9.1 Any Claim arising out of or related to the Contract shall be subject to mediation as a condition precedent to the continuation (but not the institution) of legal or equitable proceedings by either party. § 4.9.2 The parties shall endeavor to resolve their Claims by mediation. Request for mediation shall be filed in writing with the other party to the Contract and the Construction Manager. The request may be made concurrently with the institution of legal or equitable proceedings but, in such event, mediation shall proceed in advance of such legal or equitable 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. § 4.9.3 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. § 4.10 ARBITRATION The parties may agree to resolve any Claim or dispute related to this Contract by arbitration on such terms as they may agree. Absent such agreement, any reference in this Contract to arbitration shall be void and of no force or effect whatsoever. § 4.11 ATTORNEYS' FEES In the event of any controversy, claim or action being filed or instituted between the parties to this Agreement to enforce the terms of this Agreement or arising from the breach of any provision hereof, the prevailing party will be entitled to receive from the other party all costs, damages, and expenses including reasonable attorneys' fees, incurred by the prevailing party, whether or not such a controversy or claim is litigated or prosecuted to judgment. The prevailing party will be that party who recovers at least 75% of the total amount claimed by that party in the action, or who is required to pay no more than 25% of the total amount claimed by the other party in the action. (Paragraphs deleted) Init. AIA Document A201/cMaTm —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 32 may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) § 4.6.19 Interpretations and decisions of the Construction Manager 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 Construction Manager, with Architect's assistance, will endeavor to secure faithful performance by both Owner and Contractor, will not show partiality to either and will not be liable for results of interpretations or decisions so rendered in good faith. § 4.6.20 On matters relating to aesthetic effect, the Construction Manager will defer to the decision of the Architect, which will be final if consistent with the intent expressed in the Contract Documents. §4.6.21 The presence or duties of Architect's, Construction Manager's, and Owner's personnel at the Project site, whether as on-site representatives or otherwise, do not make any of them or their representatives or personnel in any way responsible for those duties that belong to Contractor, Subcontractors or other entities, and do not relieve Contractor, Subcontractors or other entities or any other entity of their obligations, duties, and responsibilities, including, but not limited to, any health or safety precautions required by such Work. Construction Manager's, Architect's, and Owner's personnel have no authority to exercise any control over any health or safety precautions and have no duty for inspecting, noting, observing, correcting, or reporting on health or safety deficiencies at the site except their own personnel. The presence of Architect's, Construction Manager's or Owner's personnel at the Project site is for the purpose of providing to Owner a greater degree of confidence that the completed work will conform to the Contract Documents and that the integrity of the design concept as reflected in the Contract Documents has been implemented and preserved. For this Section only, the Project site includes places of manufacture for materials incorporated into the Work, and other entities include manufacturers of materials incorporated into the Work. §4.6.22 THE DUTIES, OBLIGATIONS, AND RESPONSIBILITIES OF CONTRACTOR UNDER THIS CONTRACT SHALL IN NO MANNER WHATSOEVER BE CHANGED, ALTERED, DISCHARGED, RELEASED, OR SATISFIED BY ANY DUTY, OBLIGATION, OR RESPONSIBILITY OF ARCHITECT OR CONSTRUCTION MANAGER. CONTRACTOR IS NOT A THIRD -PARTY BENEFICIARY OF ANY AGREEMENT BETWEEN OWNER AND ARCHITECT OR OWNER AND CONSTRUCTION MANAGER. IT IS EXPRESSLY ACKNOWLEDGED AND AGREED THAT THE DUTIES OF CONTRACTOR TO OWNER ARE INDEPENDENT OF, AND ARE NOT DIMINISHED BY, ANY DUTIES OF ARCHITECT AND CONSTRUCTION MANAGER TO OWNER. § 4.7 CLAIMS AND DISPUTES § 4.7.1 Definition. A Claim is a demand or assertion by one of the parties seeking, as a matter of right, adjustment or interpretation of Contract terms, payment of money, extension of time 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. Claims must be made by written notice. The responsibility to substantiate Claims shall rest with the party making the Claim. § 4.7.2 Decision of Construction Manager. Claims, including those alleging an error or omission by the Construction Manager or Architect, shall be referred initially to the Construction Manager for action as provided in Section 4.8. A decision by the Construction Manager, as provided in Section 4.8.4, shall be required as a condition precedent to mediation or litigation of a Claim between the Contractor and Owner as to all such matters arising prior to the date final payment is due, regardless of (1) whether such matters relate to execution and progress of the Work or (2) the extent to which the Work has been completed. The decision by the Construction Manager in response to a Claim shall not be a condition precedent to mediation or litigation in the event (1) the position of Construction Manager is vacant, (2) the Construction Manager has not received evidence or has failed to render a decision within agreed time limits, (3) the Construction Manager has failed to take action required under Section 4.8.4 within 30 days after the Claim is made, (4) 45 days have passed after the Claim has been referred to the Construction Manager or (5) the Claim relates to a mechanic's lien. § 4.7.3 Time Limits on Claims. Claims by the Contractor must be made within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the Contractor first knew or should have known of the event or condition giving rise to the Claim, whichever is later. Claims must be made by written notice. Any Claim not timely made shall be deemed waived. The written notice of Claim shall include a factual statement of the basis for the Claim, pertinent dates, contract provisions offered in support of the Claim, additional materials offered in support of the Claim and the nature of the resolution sought by the Claimant. The Contractor shall cooperate with the Owner in Init. AIA Document A201/CMaTu —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 30 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No. 1000295111 —1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) 0 0 and (3) with the Owner's concurrence, from time to time during the correction period described in Section 12.2. The Construction Manager and Architect will advise and consult with the Owner and will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified by written instrument in accordance with other provisions of the Contract. § 4.6.2 The Construction Manager will, for the benefit of the Owner, determine that the Work is being performed in accordance with the requirements of the Contract Documents, will keep the Owner informed of the progress of the Work, and will guard the Owner against defects and deficiencies in the Work § 4.6.3 The Construction Manager will provide for coordination of the activities of other Contractors and of the Owner's own forces with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with other Contractors and the Construction Manager and Owner in reviewing their construction schedules when directed to do so. The Contractor shall make any revisions to the construction schedule deemed necessary after a joint review and mutual agreement. The construction schedules shall constitute the schedules to be used by the Contractor, other Contractors, the Construction Manager and the Owner until subsequently revised. § 4.6.4 The Construction Manager will schedule and coordinate the activities of the Contractors in accordance with the latest approved Project construction schedule. § 4.6.5 The Architect will visit the site at intervals appropriate to the stage of construction to become familiar with the progress and quality of the completed Work and to determine if the Work is being performed in a manner indicating that the Work, when 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 quality or quantity of the Work. On the basis of on-site observations as an architect, the Architect will keep the Owner informed of progress of the Work, and will guard the Owner against defects and deficiencies in the Work. § 4.6.6 The Construction Manager, except to the extent required by Section 4.6.4, and Architect will not have control over or charge of and will not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility as provided in Section 3.3, and neither will be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. Neither the Construction Manager nor the Architect will have control over or charge of or be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. § 4.6.7 Communications Facilitating Contract Administration. Except as otherwise provided in the Contract Documents or when direct communications have been specially authorized, the Owner, Architect and Contractor shall communicate with each other through the Construction Manager in conformance with the communication plan approved by Owner. Communications by and with the Architect's consultants shall be through the Architect. Communications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with other Contractors shall be through the Construction Manager and shall be contemporaneously provided to the Architect. § 4.6.8 The Construction Manager will review and certify all Applications for Payment by the Contractor, including final payment. The Construction Manager will assemble each of the Contractor's Applications for Payment with similar Applications from other Contractors into a Project Application and Project Certificate for Payment. After reviewing and certifying the amounts due the Contractors, the Construction Manager will submit the Project Application and Project Certificate for Payment, along with the applicable Contractors' Applications and Certificates for Payment, to the Architect. § 4.6.9 Based on the Architect's observations and evaluations of Contractors' Applications for Payment, and the certifications of the Construction Manager, the Architect will review and certify the amounts due the Contractors and will issue a Project Certificate for Payment. § 4.6.10 The Architect and Construction Manager will have authority to reject Work which does not conform to the Contract Documents, and to require additional inspection or testing, in accordance with Sections 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or completed, but will take such action only after notifying the Construction Manager. Subject to review by the Architect, the Construction Manager will have the authority to Init.AIA Document A201/CMa*M —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 2a may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) 0 § 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 from and about the Project waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus materials. § 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, the Construction Manager may do so with the Owner's approval and the cost thereof shall be charged to the Contractor. § 3.15.3 In the absence of specific cleaning instructions, the Contractor shall follow accepted cleaning practices and any manufacturer's recommendations. § 3.16 ACCESS TO WORK § 3.16.1 The Contractor shall at all times relevant to this Contract provide the Owner, Construction Manager and Architect access to the Work in preparation and progress for review or inspection, wherever located, without any formality or other procedure. § 3.17 ROYALTIES AND PATENTS § 3.17.1 The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of patent rights and shall hold the Owner, Construction Manager and Architect harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or product of a particular manufacturer or manufacturers is required by the Contract Documents. However, if the Contractor has reason to believe that the required design, process or product is an infringement of a patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the Architect. § 3.18 INDEMNIFICATION § 3.18.1 To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner, Construction Manager, Architect, Construction Manager's and Architect's consultants, and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including loss of use resulting therefrom, but only to the extent caused in whole or in part by 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 which 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 this Section 3.18 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers' compensation acts, disability benefit acts or other employee benefit acts. § 3.18.3 The obligations of the Contractor under this Section 3.18 shall not extend to the liability of the Construction Manager, Architect, their consultants, and agents and employees of any of them arising out of (1) the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications, or (2) the giving of or the failure to give directions or instructions by the Construction Manager, Architect, their consultants, and agents and employees of any of them provided such giving or failure to give is the primary cause of the injury or damage. § 3.19 AS -BUILT DOCUMENTATION; OPERATIONS & MAINTENANCE MANUALS § 3.19.1 The Contractor shall provide the information necessary for the Construction Manager to furnish one (1) copy of reproducible "as built" Construction Documents relating to the Work and improvements in a form and detail reasonably satisfactory to the Owner. AIA Document A201/CMaTM —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is Init. protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 26 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) 0 0 of the activity, the actions being taken to bring the activity back into schedule, and the forecast completion date. .4 Show any work activities, approvals and submittals by Owner, Construction Manager, Architect or others that are predecessors to Contractor's work activities, including projected dates for submission and return of all Shop Drawings and other submittals; .5 Allow Owner to properly coordinate the work of its separate contractors, if any, and to properly plan on its use of portions of the Project prior to the date of substantial completion; .6 The expected delivery dates for all long -lead items, major equipment and material items to be incorporated into the Project; .7 Projected dates for shutdown or disruption of ongoing activities of Owner on the Site, as approved in advance by Owner; .8 Expected dates for testing and start-up of all major mechanical and electrical equipment and systems; .9 Dates that areas requested by Owner will be available for beneficial occupancy; and .9 Actual dates that all activities began or ended, as they are realized. The Construction Schedule shall be updated not less than monthly in accordance with the established cut-off dates for the progress payments. Such updates shall include with revised logic diagrams and shall include all Change Orders and other information necessary to indicate actual conditions and the actual sequence of the Work. §3.10.7 The Contractor shall also submit a weekly activities schedule ("Weekly Activities Schedule") indicating Contractor's weekly plan for executing the Work. The Weekly Activities Schedule shall be consistent with the Construction Schedule and shall indicate three (3) weeks, consisting of one (1) week "history" and two (2) weeks "future." Contractor shall attend weekly scheduling meetings with Owner at a time and place selected by Owner. § 3.11 DOCUMENTS AND SAMPLES AT THE SITE § 3.11.1 The Contractor shall maintain at the site for the Owner one record copy of the Drawings, Specifications, addenda, Change Orders and other Modifications, in good order and marked currently to record changes and selections made during construction, and in addition approved Shop Drawings, Product Data, Samples and similar required submittals. These shall be available to the Construction Manager and Architect and shall be delivered to the Construction Manager for submittal to the Owner upon completion of the Work. § 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 which 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. The purpose of their submittal is to demonstrate for those portions of the Work for which submittals are required the way the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents. Review by the Architect is subject to the limitations of Section 4.6.12. § 3.12.5 The Contractor shall carefully review, approve and submit to the Construction Manager, in accordance with the schedule and sequence approved by the Construction Manager, Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents. The Contractor shall stamp and sign each submittal with "Reviewed for compliance with the Contract Documents and approved [or approved as noted]." If the submittal contains any deviation from the requirements of the Contract Documents, the Contractor shall indicate such deviation with a conspicuous notation on the submittal. The Contractor shall cooperate with the Construction Manager in the coordination of the Contractor's Shop Drawings, Product Data, Samples and similar submittals with related documents submitted by other Contractors. Submittals made by the Contractor that are not required by the Contract Documents may be returned without action. Construction Manager and Architect shall have no duty to Init. AIA Document A201/CMaTm —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 24 may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No. 1000295111_1 which expires on 4/412008, and is not for resale. User Notes: (744410520) from any payment due him hereunder the estimated amount of such accrued and accruing taxes, excises, and license fees for the benefit of all taxing units to which the Contractor is liable. § 3.6.3 Before entering into this Contract, the Contractor shall be authorized to do business in the State of Idaho and shall execute and delivery to Owner any affidavit concerning taxes requested by Owner. § 3.6.4 Within ten (10) days of its receipt of any tax forms from the Owner, the Contractor shall properly and fully complete such forms and return them to Owner. The Contractor understands and agrees that such forms may request dates, names, addresses, contracting parties (including all subcontractors and vendors) and other information. § 3.6.5 Prior to the execution of this Contract and again prior to requesting final payment for the Work, the Contractor shall complete, execute and deliver Idaho State Tax Commission form WH -5 to both the Owner and to the Idaho State Tax Commission. § 3.7 PERMITS, FEES AND NOTICES § 3.7.1 Unless otherwise provided in the Contract Documents, the Owner shall secure and pay for the building permit and the Contractor shall secure and pay for all other permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work which are customarily secured after execution of the Contract and which are legally required when bids are received or negotiations concluded. § 3.7.2 The Contractor shall comply with and give notices required by laws, ordinances, rules and regulations and lawful orders of public authorities bearing on performance of the Work. § 3.7.3 It is not the Contractor's responsibility to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, building codes, and rules and regulations. However, if the Contractor observes that portions of the Contract Documents are at variance therewith, the Contractor shall promptly notify the Construction Manager, Architect and Owner in writing, and necessary changes shall be accomplished by appropriate Modification. § 3.7.4 If the Contractor performs Work knowing it to be contrary to laws, statutes, ordinances, building codes, and rules and regulations without such notice to the Construction Manager, Architect and Owner, the Contractor shall assume full responsibility for such Work and shall bear the attributable costs. § 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 against which the Contractor makes reasonable objection. § 3.8.2 Unless otherwise provided in the Contract Documents: .1 materials and equipment under an allowance shall be selected promptly by the Owner to avoid delay in the Work; .2 allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade discounts; .3 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 and not in the allowances; .4 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 3.8.2.2 and (2) changes in Contractor's costs under Section 3.8.2.3. § 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 at all times when the Work is actually in progress. The superintendent shall have complete authority to represent, act for and bind the Contractor, and communications given to the superintendent shall be as binding as if given to the Contractor. Important communications shall be confirmed in writing. Other AIA Document A201/CMaTM —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is Init. protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 22 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) § 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR § 3.2.1 The Contractor shall have a continuing duty to study and compare the Contract Documents with each other, the Contractor's submittals and with information furnished by the Owner pursuant to Section 2.2.2. The Contractor shall immediately report to the Construction Manager any errors, inconsistencies or omissions discovered. The Contractor shall not be liable to the Owner, Construction Manager or Architect for damage resulting from errors, inconsistencies or omissions in the Contract Documents unless the Contractor recognized such error, inconsistency or omission and knowingly failed to report it to the Construction Manager and Architect. If the Contractor performs any construction activity knowing it involves a recognized error, inconsistency or omission in the Contract Documents without such notice to the Construction Manager and Architect, the Contractor shall assume appropriate responsibility for such performance and shall bear an appropriate amount of the attributable costs for confection. § 3.2.2 The Contractor shall have a continuing duty to take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to the Contractor with the Contract Documents before commencing activities. Errors, inconsistencies or omissions discovered shall be reported to the Construction Manager and Architect at once. § 3.2.3 The Contractor shall perform the Work in accordance with the Contract Documents and submittals approved pursuant to Section 3.12. § 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 this Contract, subject to overall coordination of the Construction Manager as provided in Sections 4.6.3 and 4.6.4. § 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, and other persons performing portions of the Work under a contract with the Contractor. § 3.3.3 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 Construction Manager or Architect in their administration of the Contract, or by tests, inspections or approvals required or performed by persons other than the Contractor. § 3.3.4 The Contractor shall inspect portions of the Project related to the Contractor's Work in order to determine that such portions are in proper condition to receive subsequent Work. § 3.3.5 The Contractor shall timely request and coordinate tests and inspections required to complete the Work. § 3.4 LABOR AND MATERIALS § 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. § 3.4.2 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Contract. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. § 3.4.3 After the Contract has been executed, the Owner after consultation with the Construction Manager and Architect, will consider a formal request for the substitution of products in place of those specified only under the following conditions (and only if submitted on the substitution request form set forth in the Contract Documents): .1 Required product cannot be supplied in time for compliance with Contract time requirements; .2 Required product is not acceptable to a governing authority, or determined to be non -compatible, or cannot be properly coordinated, warranted or insured, or has other recognized disability as certified by Contractor; AIA Document A201/CMaTu —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is Init. protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 20 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No.10002951 1 1_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) 0 .4 Continually endeavor to reduce the cost of the Project; .5 Avoid and minimize delays on the Project and the critical path; .6 Promote positive public relations; .7 Make the work on the Project enjoyable; .8 Construct the Project and administer the Contract Documents so that all parties are treated fairly; .9 Avoid injuries; and .10 Complete the Project without litigation. § 1.6.2 In furtherance of the objectives set forth in Section 1.6.1, the Owner and Contractor shall endeavor to promote harmony and cooperation among each other and others employed for the Project, and agree to deal with each other and others in a fair, reasonable, trusting and professional manner. In furtherance of the above, the Owner and Contractor shall: .1 Communicate and resolve problems within the terms of the Contract Documents; .2 Make decisions at the lowest possible level; .3 Communicate openly and honestly; .4 Treat each other with mutual respect, resolve personal conflicts immediately, avoid personal attacks, and focus on the merits of the Project; .5 Timely notify each party of meetings; .6 Attend and support weekly, morning and other meetings; .7 Prevent grudges from interfering with professionalism and the merits of the Project; .8 Use best their best efforts to resolve any claims or disputes, including direct negotiations with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution; and .9 Admit errors, mistakes and false starts. ARTICLE 2 OWNER § 2.1 DEFINITION § 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 term "Owner" means the Owner or the Owner's authorized representative. § 2.1.2 The Owner upon reasonable written request shall furnish to the Contractor in writing information that is 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 at the time of execution of the Agreement and, within five days after any change, information of such change in title, recorded or unrecorded. § 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER § 2.2.1 [Deleted.] § 2.2.2 The Owner has furnished some information regarding the characteristics of the Project site. By furnishing such material, the Owner does not represent, warrant, or guarantee its accuracy either in whole, in part, implicitly or explicitly, or at all, and shall have no liability therefor. The Contractor shall confirm the location of each utility, shall excavate and dispose of each on-site utility and cap each off-site utility as required by the Work and as may be included in the Contract Documents, Owner does not assume any responsibility regarding any surveys, test borings, or other investigations regarding the site, and makes no warranty or guaranty regarding the site conditions. The Contractor shall make such site investigations as the Contractor deems necessary, and make available to the Owner, Construction Manager and Architect all reports of such site investigations. § 2.2.3 Except for permits and fees that are the responsibility of the Contractor under the Contract Documents, the Owner shall secure and pay for necessary approvals, easements, assessments and charges required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities. Unless otherwise provided under the Contract Documents, the Owner, through the Construction Manager, shall secure and pay for the building permit. § 2.2.4 Information or services under the Owner's control shall be furnished by the Owner with reasonable promptness to avoid delay in orderly progress of the Work. Inst AIA Document A201/CMeTM —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, 18 may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) 0 0 § 1.1.9 INSTALL The word "install' and any derivatives thereof shall mean to incorporate the specified items, materials or equipment into the Work including all necessary labor, materials and connections to the extent required by, or reasonably inferable from, the Contract Documents to perform a proper and complete installation of the items, materials or equipment in a condition ready for use or operation, including but not limited to, unpacking and assembly of the item, material or equipment. § 1.1.10 PROVIDE The word "provide" and any derivatives thereof shall mean to furnish and install as defined above. § 1.1.11 EXPRESSED VERBS In the interest of conciseness, the Contract Documents may contain phrases with expressed verbs, such as furnish, install, provide, perform, construct, erect, comply, apply or submit. Such phrases shall be construed to include the appropriate form of the phrase "the Contractor shall' preceding the expressed verb and the requirements described therein shall be a mandatory element of this Contract. § 1.1.12 SEE In the interest of conciseness, the Contract Documents may contain references to specification sections and details preceded by the word "see". Such references shall be construed to include the appropriate form of the phrase, ", and comply with,." § 1.1.13 INDICATED OR SHOWN The words "indicated" or "shown" and any derivative thereof shall mean "as detailed, scheduled, schematically depicted or stated in Contract Documents." § 1.1.14 INCLUDING The words "include", "includes", or "including" shall be deemed to be followed by the phrase "without limitation." § 1.1.15 APPROVED, DIRECTED, SELECTED The words "approved, directed, selected" and similar words and phrases shall be presumed to be followed by "by Architect". The words "satisfactory, submitted, reported" and similar words and phrases shall be presumed to be followed by "to Architect". § 1.2 EXECUTION, CORRELATION AND INTENT § 1.2.1 The Contract Documents shall be signed by the Owner and Contractor as provided in the Agreement. If either the Owner or Contractor or both do not sign all the Contract Documents, the Architect shall identify such unsigned Documents upon request. § 1.2.2 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents. § 1.2.3 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 intended results. The Contractor shall notify the Construction Manager of any materials indicated but not specified as to finish, quality or installation. Unless otherwise directed by the Construction Manager, any materials not specified shall be consistent in finish, quality and installation as the adjacent or similar finished conditions. § 1.2.4 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. § 1.2.5 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. Init. AIA Document A201/CMaTM —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 16 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No. 1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) n Written Orders 0 5.2.1, 5.3, 5.4.1.1, 8.2.2, 9.4, 9.5.1, 9.7, 9.10, 10.1.2, 10.2.6, 11.1.3, 11.3, 12.2.2, 12.2.4, 13.3, 13.5.2, 14 2.3, 3.9, 4.7.7, 8.2.2, 11.3.9, 12.1, 12.2, 13.5.2, 14.3.1 AIA Document A201/CMaTu —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is Inst. protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, 14 may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) 13.7.1.3 Weather Delays 4.7.8.2 When Arbitration May 4.9.4 Be Demanded Work, Definition of 1.1.3 Written Consent 1.3.1, 3.12.8, 3.14.2, 4.7.4, 4.9.5, 9.3.2, 9.8.2, 9.9.1, 9.10.2, 9.10.3, 10.1.2, 10.1.3, 11.3.1, 11.3.1.4, 11.3.11, 13.2, 13.4.2 Written Interpretations 4.6.18, 4.6.19, 4.7.7 Written Notice 2.3, 2.4, 3.9, 3.12.8, 3.12.9, 4.7.1, 4.7.6, 4.7.9, 4.8.4, 4.9.4.1, Written Orders 0 5.2.1, 5.3, 5.4.1.1, 8.2.2, 9.4, 9.5.1, 9.7, 9.10, 10.1.2, 10.2.6, 11.1.3, 11.3, 12.2.2, 12.2.4, 13.3, 13.5.2, 14 2.3, 3.9, 4.7.7, 8.2.2, 11.3.9, 12.1, 12.2, 13.5.2, 14.3.1 AIA Document A201/CMaTu —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is Inst. protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, 14 may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) Representations 1.2.2, 3.5.1, Contractors 3.12.7, 6.2.2, Shop Drawings, Definition 3.12.1 8.2.1, 9.3.3, of 9.4.3, 9.5.1, Shop Drawings, Product 3.11, 3.12, 9.8.2, 9.10.1 Data and Samples 4.6.11, Representatives 2.1.1, 3.1.1, 4.6.12, 4.6.15 3.9, 4.1.1, Site, Use of 3.13, 6.1.1, 4.6.1, 4.6.17, 6.2.1 5.1.1, 5.1.2, Site Inspections 1.2.2, 3.3.4, 13.2.1 4.6.5, 4.6.16, Resolution of Claims and 4.8, 4.9 4.7.6, 9.8.2, Disputes 9.10.1, 13.5 Responsibility for Those 3.3.2, 4.6.6, Site Visits, Architect's 4.6.5, 4.6.9, Performing the Work 6.2., 10 4.7.6, 9.4, Retainage 9.3.1, 9.6.2, 9.5.1, 9.8.2, 9.8.3, 9.9.1, 9.9.2, 9.10.1, 9.10.2, 9.10.3 13.5 Review of Contract 1.2.2, 3.2, Special Inspections and 4.6.10, Documents and Field 3.7.3, 3.12.7 Testing 12.2.1, 13.5 Conditions by Contractor Specifications, Definition 1.1.6 Review of Contractor's of the Submittals by Specifications, The 1.1.1,1.1.6, Owner, Construction 3.10.1, 1.1.7, 1.2.4, Manager and Architect 3.10.3, 3.11, 1.3, 3.11 3.12, 4.6.12. Statute of Limitations 4.9.4.2, 4.6.16, 5.2.1, 12.2.6, 13.7 5.2.3, 9.2, Stopping the Work 2.3, 4.7.7, 9.8.2 9.7, 10.1.2, Review of Shop Drawings, 3.12.5 10.3, 14.1 Product Data and Samples Stored Materials 6.2.1, 9.3.2, by Contractor 10.2.1.2, Rights and Remedies 1.1.2, 2.3, 11.3.1.4, 2.4, 3.5.1, 12.2.4 3.15.2, Subcontractor, Definition 5.1.1 4.6.10, 4.7.6, of 4.9, 5.3, 6.1, SUBCONTRACTORS 5 6.3, 7.3.1, Subcontractors, Work by 1.2.4, 3.3.2, 8.3.1, 9.5.1, 3.12.1, 4.6.6, 9.7, 10.2.5, 4.6.10, 5.3, 10.3, 12.2.2, 5.4 12. 2.4, 13.4, Subcontractual Relations 5.3, 5.4, 14 9.3.1.2, 9.6.2, Royalties and Patents 3.17 9.6.3, 9.6.4, Rules and Notices for 4.9.2 10.2.1, Arbitration 11.3.7, Safety of Persons and 10.2 11.3.8, Property 14.1.1, Safety Precautions and 4.6.6, 4.6.12, 14.2.1.2, Programs 10.1 14.1.3 Samples, Definition of 3.12.3 Submittals 1.3, 3.2.3, Samples, Shop Drawings, 3-11,112, 3.10, 3.11, Product Data and 4.6.12 3.12, 4.6.12, Samples at the Site, 3.11 5.2.1, 5.2.3, Documents and 7.3.6, 9.2, Schedule of Values 9.2, 9.3.1 9.3.1, 9.8.2, Schedules, Construction 3.10 9.9.1, 9.10.2, Separate Contracts and 1.1.4 9.10.3, 11.1.3 Inst. AIA Document A201/CMaTM —1992. Copyright 01992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 12 may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:45:07 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) AIA Document A201/CMaTM —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is Init. protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 1 O may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) 9.4.3, 9.6.5, 5.2.1, 5.3, 9.10.4 5.4.1.1, 8.2.2, Materials, Hazardous 10.1, 10.2.4 9.4.1, 9.5.1, Materials, Labor, 1.1.3, 1.1.6, 9.7, 9.10, Equipment and 3.4.1, 3.5.1, 10.1.2, 3.8.2, 3.12.2, 10.2.6, 3.12.3, 11.1.3, 11.3, 3.12.7, 12.2.2, 3.12.11, 3.13, 12.2.4, 13.3, 3.15.1, 13.5.2, 14 4.6.12, 6.2.1, Notice of Testing and 13.5.1, 13.5.2 7.3.6, 9.3.2, Inspections 9.3.3, 12.2.4, Notice to Proceed 8.2.2 14.1.2, Notices, Permits, Fees 2.2.3, 3.7, 14.2.1, 14.2.2 and 3.13, 7.3.6.4, Means, Methods, 10.2.2 Techniques, Sequences and Observations, Architect's 4.6.5, 4.6.9, Procedures of Construction 3.3.1, 4.6.6, On -Site 4.6.10, 4.7.6, 4.6.12, 9.4.3 9.4.4, 9.5.1, Minor Changes in the 1.1.1, 4.6.13, 9.10.1, Work 4.7.7, 7.1, 7.4 12.1.1, 13.5 MISCELLANEOUS 13 Observations, Construction 9.4.4, 12.1.1 PROVISIONS Manager's On -Site Modifications, Definition 1.1.1 Observations, Contractor's 1.2.2, 3.2.2 of Occupancy 9.6.6, 9.8.1, Modifications to the 1.1.1, 1.1.2, 9.9, 11.3.11 Contract 3.7.3, 3.11, On -Site Inspections by the 4.6.5, 4.6.16, 4.1.2, 4.6.1, Architect 4.7.6, 9.4.4, 5.2.3, 7, 9.8.2, 9.9.2, 8.3.1, 9.7 9.10.1 Mutual Responsibility 6.2 On -Site Observations by 4.6.5, 4.6.9, Nonconforming Work, 12.3 the Architect 4.7.6, 9.4.4, Acceptance of 9.5.1, 9.10.1, Nonconforming Work, 2.3.1, 4.7.5.2, 13.5 Rejection and Correction of 9.5.2, 9.8.2, On -Site Observations by 9.4.4, 9.5.1 12, 13.7.1.3 the Construction Manager Notice 2.3, 2.4, Orders, Written 2.3, 3.9, 3.2.1, 3.2.2, 4.7.7, 7, 3.7.3, 3.7.4, 8.2.2, 11.3.9, 3.9, 3.12.8, 12.1, 12.2, 3.12.9, 3.17, 13.5.2, 14.3.1 4.7, 4.8.4, Other Contracts and 1.1.4, 3.14.2, 4.9, 5.2.1, Contractors 4.6.7, 4.9.5, 5.3, 5.4.1.1, 6,11.3.7, 8.2.2, 9.4.1, 12.1.2, 12.2.5 9.5.1, 9.7, OWNER 2 9.10, 10.1.2, Owner, Definition of 2.1 10.2.6, Owner, Information and 2.1.2, 2.2, 11.1.3, 11.3, Services Required of the 4.6.2, 4.6.4, 12.2.2, 6, 9,10.1.4, 12.2.4, 13.3, 10.1.6, 11.2, 13.5.1, 11.3, 13.5.1, 13.5.2, 14, 14.1.1.5, Notice, Written 2.3, 2.4, 3.9, 14.1.3 3.12.8, Owner's Authority 3.8.1, 5.2.1, 3.12.9,4.7, 5.2.4, 5.4.1, 4.8.4, 4.9, 7.3.1, 8.2.2, AIA Document A201/CMaTM —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is Init. protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 1 O may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) • 0 Inst. AIA Document A201/CMaTM —1992. Copyright ©1992 by The American Institute of. Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 8 may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No.1000295111_1 which expires on 4/412008, and is not for resale. User Notes: (744410520) 2.2.5, 3.11, Fire and Extended 11.3.1.1, 5.3 Coverage Insurance 11.3.5, 11.3.7 Duty to Review Contract 3.2 GENERAL 1 Documents and Field PROVISIONS Conditions Governing Law 13.1 Effective Date of Insurance 8.2.2, 11.1.2 Guarantees (See Warranty Emergencies 4.7.7,10.3 and Warranties) Employees, Contractor's 3.3.2., 3.4.2, Hazardous Materials 10.1, 10.2.4 3.8.1, 3.9, Identification of Contract 1.2.1 3.18.1, Documents 3.18.2, 4.6.6, Identification of 5.2.1 4.6.10, 8.1.2, Subcontractors and 10.2, 10.3, Suppliers 11.1.1, Indemnification 3.17, 3.18, 14.2.1.1 9.10.2, Equipment, Labor, 1.1.3, 1.1.6, 10.1.4, Materials and 3.4, 3.5.1, 11.3.1.2, 3.8.2, 3.12.2, 11.3.7 3.12.3, Information and Services 2.1.2, 2.2, 3.12.7, Required of the Owner 4.7.4, 6.2.6, 3.12.11, 3.13, 9.3.2, 9.6.1, 3.15.1, 9.6.4, 9.8.3, 4.6.12, 6.2.1, 9.9.2, 9.10.3, 7.3.6, 9.3.2, 10.1.4, 11.2, 9.3.3, 11.3, 11.3, 13.5.1, 12.2.4, 13.5.2 14.1.2, Injury or Damage to 4.7.9 14.2.1, 14.2.2 Person or Property Execution and Progress of 1.2.3, 3.4.1, Inspections 3.3.3, 3.3.4, the Work 3.5.1, 4.6.5, 3.7.1, 4.6.5, 4.6.6, 4.7.4, 4.6.6, 4.6.16, 4.7.8, 6.2.2, 4.7.6, 9.4.3, 7.1.3, 8.2, 9.8.2, 9.9.2, 8.3, 9.5, 9.10.1, 9.9.1, 10.2.3, 12.1.1, 13.5 10.2.4 Instructions to Bidders 1.1.1 Execution, Correlation 1.2, 3.7.1 Instructions to the 3.8.1, 4.6.13, and Intent of the Contractor 5.2.1, 7, 12.1, Contract Documents 13.5.2 Extensions of Time 4.7.1, 4.7.8, Insurance 4.7.9, 6.1.1, 7.2.1.3, 8.3, 7.3.6.4, 9.3.2, 10.3.1 9.8.2, 9.9.1, Failure of Payment by 9.5.1.3, 9.10.2, 11 Contractor 14.2.1.2 Insurance, Boiler and 11.3.2 Failure of Payment by 4.7.7, 9.7, Machinery Owner 14.1.3 Insurance, Contractor's 11.1, Faulty Work (See Liability 11.3.1.13 Defective or Insurance, Effective Date 8.2.2, 11.1.2 Nonconforming Work) of Final Completion and 4.6.1, 4.6.16, Insurance, Loss of Use 11.33 Final Payment 4.7.2, 4.7.5, Insurance, Owner's 11.2, 11.3.1.3 9.10, 11.1.2, Liability 11.1.3, Insurance, Property 10.2.5, 11.3 11.3.5, Insurance, Stored Materials 9.3.2, 12.3.1, 13.7 11.3.1.4 Financial Arrangements, 2.2.1 INSURANCE AND 11 Owner's BONDS Inst. AIA Document A201/CMaTM —1992. Copyright ©1992 by The American Institute of. Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 8 may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No.1000295111_1 which expires on 4/412008, and is not for resale. User Notes: (744410520) 11 Contract Documents, 1.1.1 Definition of Contract Performance 4.7.4, 4.9.3 During Arbitration Contract Sum 3.8, 4.7.6, 4.7.7, 4.8.4, 5.2.3, 7.2, 7.3, 9.1, 9.7, 11.3.1, 12.2.4, 12.3, 14.2.4 Contract Sum, Definition 9.1.1 of Contract Time 4.7.6, 4.7.8.1, 4.8.4, 7.2.1.3, 7.3, 8.2.1, 8.3.1, 9.7, 12.1.1 Contract Time, Definition 8.1.1 of CONTRACTOR 3 Contractor, Definition of 3.1.1, 6.1.2 Contractor's Bid 1.1.1 Contractor's 3.10 Construction Schedules Contractor's Employees 3.3.2, 3.4.2, 3.8.1, 3.9, 3.18, 4.6.6, 4.6.10, 8.1.2, 10.2, 10.3, 11.1.1, 14.2.1.1 Contractor's Liability 11.1, 11.3.1.5 Insurance Contractor's Relationship 3.12.5, with Other Contractors and 3.14.2, 4.6.3, Owner's Own Forces 4.6.7, 12.2.5 Contractor's Relationship 1.2:4, 3.3.2, with Subcontractors 3.18.1, 3.18.2, 5.2, 5.3, 5.4, 9.6.2, 11.3.7, 11.3.8, 14.2.1.2 Contractor's Relationship 1.1.2, 3.2.1, with the Architect 3.2.2, 3.3.3, 3.5.1, 3.7.3, 3.10.1, 3.10.3, 3.11.1, 3.12.6, 3.12.8, 3.12.9, 3.16.1, 3.18, 4.6.6, 4.6.7, 4.6.10, 4.6.12, C Contractor's Relationship with the Construction Manager 4.6.4, 4.6.6, 5.2, 6.2.1, 6.2.2, 7.1.2, 7.2.1, 7.3.4, 7.3.6, 7.3.9, 8.3.1, 9.2.1, 9.3.1, 9.4.1, 9.4.2, 9.4.3, 9.7.1, 9.8.2, 9.9.1, 9.10.1, 9.10.2, 9.10.3, 10.1.1,10.1.2, 10.1.5, 10.2.6, 11.3.7, 12.1, 13.5. 1, 13.5.2, 13.5.3, 13.5.4 Contractor's Representations Contractor's Responsibility for Those Performing the Work Contractor's Review of Contract Documents Contractor's Right to Stop the Work Contractor's Right to Terminate the Contract Contractor's Submittals 4.6.19, 5.2, 6.2.2, 7.3.4, 9.2, 9.3.1, 9.8.2, 9.10.3,10.1.2, 10.1.5, 10.2.6, 11.3.7, 12.1, 13.5 1.1.2, 3.2.1, 3.2.2,3.3.1, 3.3.3, 3.5.1, 3.7.3, 3.7.4, 3.10.1, 3.10.2, 3.10.3, 3.11.1, 3.12.5, 3.12.6, 3.12.8, 3.12.9, 3.12.11, 3.13.2, 3.14.2, 3.15.2, 3.16.1, 3.17.1, 3.18.1, 3.18.3, 4.6.3, 1.2.2, 3.5.1, 3.12.7, 6.2.2, 8.2.1, 9.3.3 3.3.2, 3.18, 4.6.6, 10 1.2.2, 3.2, 3.7.3 9.7 14.1 3.10, 3.11, 3.12, 4.6.12, 5.2.1, 5.2.3, 7.3.6, 9.2, 9.3.1, 9.8.2, 9.9.1, 9.10.2, Ini� AIA Document A201/CMaTs —1992. Copyright ®1992 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, or any portion of it, 6 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) Claims and Disputes 4.7, 4.8, 4.9, 10.2.2, 11.1, 6.2.5, 8.3.2, 11.3, 13.1, 9.3.1.2, 9.3.3, 13.5.1, 9.10.4, 10.1.4 13.5.2, 13.6, Claims and Timely 4.9.6 14.1.1, Assertion of Claims 14.2.1.3 Claims for Additional 4.7.6, 4.7.7, Concealed or Unknown 4.7.6 Cost 4.7.9, 6.1.1, Conditions 10.3 Conditions of the Contract 1.1.1, 1.1.7, Claims for Additional 4.6.9, 4.7.6, 6.1.1 Time 4.7.8, 4.7.9, Consent, Written 1.3.1, 3.12.8, 8.3.2 3.14.2, 4.7.4. Claims for Concealed or 4.7.6 4.9.5, 9.3.2, Unknown Conditions 9.8.2, 9.9.1, Claims for Damages 3.18, 4.7.9, 9.10.2, 6.1.1, 6.2.5, 9.10.3, 10.12, 8.3.2, 9.5.1.2, 10.1.3, 10.1.4 11.3.1, Claims Subject to 4.7.2, 4.8.4, 11.3.1.4, Arbitration 4.6.1 11.3.11, 13.2, Cleaning Up 3.15, 6.3 13.4.2 Commencement of 13.7 CONSTRUCTION BY 1.1.4, 6 Statutory Limitation OWNER OR BY OTHER Period CONTRACTORS Commencement of the 2.12 ,2.2.1, Construction Change 7.3.1 Work, Conditions Relating 3.2.1, 3.2.2, Directive, Definition of to 3.7.1, 3.10.1 Construction Change 1.1.1, 4.6.13, 3.12.6, 4.7.7, Directives 7.1, 7.3, 5.2.1, 6.2.2, 9.3.1.1 8.1.2, 8.2.2, Construction Manager 4.2 9.2, 11.1.3, Construction Manager, and 2.2.3 11.3.6, 11.4.1 Building Permits Commencement of the 8.1.2 Construction Manager, 4.7.2 Work, Definition of Claims against Communications, Owner to 2.2.6 Construction Manager, 4.6.7 Architect Communications through Communications, Owner to 2.2.6 Construction Manager, and 3.10.1, 3.10.2 Construction Manager Construction Schedule Communications Construction Manager, 4.2.1 Facilitating Contract Definition of Administration 3.9.1 4.6.7, Construction Manager, and 3.11.1 5.2.1 Documents and Samples at Completion, Conditions 3.11, 3.15, the Site Relating to 4.6.5, 4.6.16, Construction Manager, 3.12.6, 4.7.2, 9.4.2, Extent of Authority 3.12.8, 4.3, 9.8, 9.9.1, 4.6.3, 4.6.11, 9.10, 11.3.5, 7.1.2, 7.2.1, 12.2.2, 13.7.1 7.3.1, 8.3.1, COMPLETION, 9 9.2.1, 9.3.1, PAYMENTS AND 9.4.1, 9.4.3, Completion, Substantial 4.6.16, 9.8.2, 9.8.3, 4.7.5.2, 8.1.1, 9.9.1, 12.1, 8.1.3, 8.2.3, 12.2.1, 9.8, 9.9.1, 12.2.4, 12.2.2, 13.7 14.2.2, 14.2.4 Compliance with Laws 1.3, 3.6, 3.7, Construction Manager, 4.6.6, 4.6.10, 3.13, 4.1.1, Limitations of Authority 13.4.2 Inst. AIA Document A201/CIIAaTa —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 4 may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10,45:07 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) INDEX Acceptance of Nonconforming Work Acceptance of Work Access to Work Accident Prevention Acts and Omissions Addenda Additional Costs, Claims for Additional Inspections and Testing Additional Time, Claims for ADMINISTRATION OF THE CONTRACT Advertisement or Invitation to Bid Aesthetic Effect Allowances All-risk Insurance Applications for Payment Approvals Arbitration Architect Architect, and Certificate 9.6.6, 9.9.3. 12.3 9.6.6, 9.8.2, 9.9.3, 9.10.1, 9.10.3 3.16, 6.2.1, 12.1 4.6.6, 10 3.2.1, 3.2.2, 3.3.2, 3.12.8, 3.18, 4.6.6, 4.6.2., 4.7.9, 8.3.1, 10.1.4, 10.2.5, 13.4.2, 13.7, 14.1 1.1.1, 3.11 4.7.6, 4.7.7, 4.7.9, 6.1.1, 10.3 4.6.10, 9.8.2, 12.2.1, 13.5 4.7.6, 4.7.8, 4.7.9, 8.3.2, 10.3 3.3.3, 4, 9.4, 9.5 1.1.1 4.6.20, 4.9.1 3.8 11.3.1.1 4.6.9, 7.3.7, 9.2, 9.3, 9.4, 9.5.1, 9.6.3, 9.8.3, 9.10.1, 9.10.3, 9.10.4, 11.1.3, 14.2.4 2.4, 3.3.3, 3.5, 3.10.3, 3.12.4 through 3.12.8, 3.18.3, 4.6.12, 9.3.2, 11.3.1.4, 13.4.2, 13.5 4.5, 4.7.4, 4.9, 8.3.1, 10.1.2, 11.3.9, 11.3.10 4.1 4.6.9 E of Payment Architect, Definition of Architect, Extent of Authority Architect, Limitations of Authority and Responsibility Architect's Additional Services and Expenses Architect's Administration of the Contract Architect's Approvals Architect's Authority to Reject Work Architect's Copyright Architect's Decisions 4.1.1 2.4.1, 3.12.6, 4.6.6, 4.7.2, 5.2, 6.3, 7.1.2, 7.2.1, 7.4, 9.2, 9.3.1, 9.4, 9.5, 9.6.3, 9.8.2, 9.8.3, 9.10.1, 9.10.3, 12.1, 12.2.1, 13.5.1, 13.5.2, 14.2.2, 14.2.4 3.3.3, 3.12.8, 3.12.11, 4.6.5, 4.6.6, 4.6.10, 4.6.12, 4.6.17, 4.6.19, 4.6.20, 4.7.2, 5.2.1, 7.4, 9.6.4 2.4, 9.8.2 11.3.1.1, 12.2.1, 12.2.4, 13.5.2, 13.5.3, 14.2.4 4.6, 4.7.6, 4.7.7, 4.8, 9.4, 9.5 2.4.1, 3.5.1, 3.10.3, 3.12.6, 3.12.8, 3.18.3, 4.6.12 3.5.1, 4.6.10, 12.1.2, 12.2.1 1.3 4.6.10, 4.6.12, 4.6.18, 4.6.19, 4.6.20.4.7.2, 4.7.6, 4.8.1, 4.8.4, 4.9, 6.3, 8.1.3, 8.3.1, 9.2, 9.4, 9.5.1, 9.8.2, 9.9.1, 10.1.2, Inst AIA Document A201/CMaTm —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:45:07 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) This Agreement is entered into as of the day and year first written above and is executed in at least four original copies of which one is to be delivered to the Contractor, one each to the Construction Manager and Architect for use in the administration of the Contract, and the remainder to the Owner. OWNER CONTRACTOR CITY OF MERIDIAN, DZ Floors, Inc. An Idaho Mu icipal Corpoption. (Si nature) (Signature) cf in.V1— Richard Brown President/Owner (Printed nam and title)\`` t (�>>�ted name and titll 1j,e) RCE -2303 Approved by City Council s -1`l --Q -MEPP, Attest: Illiam G. Berg, Jr. - Gffity erk� AIA Document A101/CMaTu —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is Init. protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 10 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 08:58:11 on 08/15/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (4176269516) E2.12M First Floor Mechanical Power Plan — Area 2 E2.12P First Floor Power Plan — Area 2 E2.12S First Floor Special Systems Plan — Area 2 E2.21F Second Floor Fire Alarm Plan — Area 1 E2.21L Second Floor Lighting Plan — Area 1 E2.21M Second Floor Mechanical Power Plan — Area 1 E2.21P Second Floor Power Plan — Area 1 E2.21S Second Floor Special Systems Plan — Area 1 E2.22F Second Floor Fire Alarm Plan — Area 2 E2.22L Second Floor Lighting Plan — Area 2 E2.22M Second Floor Mechanical Power Plan — Area 2 E2.22P Second Floor Power Plan — Area 2 E2.22S Second Floor Special Systems Plan — Area 2 E2.21F Third Floor Fire Alarm Plan — Area 1 E2.21 L Third Floor Lighting Plan — Area 1 E2.21M Third Floor Mechanical Power Plan — Area 1 E2.21 P Third Floor Power Plan — Area 1 E2.21 S Third Floor Special Systems Plan — Area 1 E2.22F Third Floor Fire Alarm Plan — Area 2 E2.22L Third Floor Lighting Plan — Area 2 E2.22M Third Floor Mechanical Power Plan — Area 2 E2.22P Third Floor Power Plan — Area 2 E2.22S Third Floor Special Systems Plan — Area 2 E2.40 Overall -Roof Electrical Plan E2.50 Penthouse Electrical Plans E3.00 Electrical Schedules E3.01 Electrical Schedules E3.02 Electrical Schedules E3.03 Electrical Schedules E3.04 Electrical Schedules E3.05 Electrical Schedules E4.0 Electrical Details E4.1 Electrical Details E5.0 One Line Diagram E6.1 Lighting Compliance Certificate Addendum B A2.11TFR First Floor Finish Plan —Area 1 A2.12TFR First Floor Finish Plan —Area 2 E1.0 Site Electrical Plan ELI Shell and Core Site Electrical Details E2.01F Basement Fire Alarm Plan- Area 1 E2.01L Basement Lighting Plan- Area 1 E2.01M Basement Mechanical Power Plan- Area 1 E2.01P Basement Power Plan- Area I E2.01S Basement Special Systems Plan- Area 1 E2.02F Basement Fire Alarm Plan -Area 2 E2.02L Basement Lighting Plan -Area 2 E2.02M Basement Mechanical Power Plan -Area 2 E2.02P Basement Power Plan -Area 2 E2.02S Basement Special Systems Plan -Area 2 E2.1 IF First Floor Fire Alarm Plan -Area 1 E2.1 IL First Floor Lighting Plan -Area 1 E2.1 IM First Floor Mechanical Power Plan -Area' l' E2.1 IP First Floor Power Plan -Area 1 E2.1 IS First Floor Special Systems Plan -Area 1 E2.1217 First Floor Fire Alarm Plan -Area 2 Init AIA Document A101/CMOTa —1992. Copyright ®1992 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, 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 08:58:11 on 08/15/2007 under Order No.1 00029511 1_1 which expires on 4/4/2008, and is not for resale. User Notes: (4176269516) r: A2.01TF Basement Floor- Area 1 Floor Finish Plan A2.1 OT Overall- First Floor Plan A2.1 IT First Floor -Area 1 Floor Plan A2.11TF First Floor -Area 1 Floor Finish Plan A2.12T First Floor -Area 1 Floor Plan A2.12TF First Floor -Area 2 Floor Finish Plan A2.20T Overall -Second Floor Plan A2.21T Second Floor -Area 1 Floor Plan A2.21TF Second Floor -Area 1 Floor Finish Plan A2.22T Second Floor -Area 2 Floor Plan A2.22TF Second Floor -Area 2 Floor Finish Plan A2.30T Overall -Third Floor Plan A2.31T Third Floor -Area 1 Floor Plan A2.31TF Third Floor -Area 1 Floor Finish Plan A2.32T Third Floor -Area 2 Floor Plan A2.32TF Third Floor -Area 2 Floor Finish Plan A2.40T Overall -Penthouse Floor Plan A2.6T Room Finish Schedules A3.0T Door and Window Schedules Frame Types A3.1T Door and Window Details A3.2T Shell Window Frame Types A3.3T Door and Window Details A3.4T Door and Window Details A4.4T Building Sections A4.5T Building Sections A5.OT Wall Sections A5.17 Wall Sections A5.2T Wall Sections A6.OT Enlarged Floor Plans A6.IT Enlarged Floor Plans A6.2 Interior Elevations A6.3T Interior Elevations A6.4T Interior Elevations A6.5T Interior Elevations A6.6T Interior Elevations A6.7T Interior Elevations A6.8T Interior Elevations A6.9T Interior Elevations A6. I OT Interior Elevations A6.1 IT Interior Elevations A6.12T Interior Elevations A7.01T Basement Floor Reflected Ceiling Plan -Area 1 A7.02T Basement Floor Reflected Ceiling Plan -Area 2 A7.12T First Floor Reflected Ceiling plan -Area 1 A7.21T Second Floor Reflected Ceiling Plan -Area 1 A7.22T Second Floor Reflected Ceiling Plan -Area 2 A7.31T Third Floor Reflected Ceiling Plan -Area 1 A7.32T Third Floor Reflected Ceiling Plan -Area 2 A8.OT Wall Types and Detail A8.1T Interior Details AUT Interior Details AUT Interior Details A8.4T Interior Details A9.OT Elevator Plans and Sections MECHANICAL PO.0 Mechanical Cover Sheet PO.001 Basement Foundation Plumbing Plan Area 1 AIA Document A101/CMeTM -1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA7 Document Is Intt protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 6 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 088:11 on 08/15/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (4176269516) • 0 § 5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the Schedule of Values, less retainage of Five Percent ( 5% ). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included as provided in Section 7.3.7 of the General Conditions; § 5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of ( ); § 5.6.3 Subtract the aggregate of previous payments made by the Owner; and § 5.6.4 Subtract amounts, if any, for which the Construction Manager or Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of the General Conditions. § 5.7 The progress payment amount determined in accordance with Section 5.6 shall be further modified under the following circumstances: § 5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to of the Contract Sum, less such amounts as the Construction Manager recommends and the Architect determines for incomplete Work and unsettled claims; and § 5.7.2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Section 9.10.3 of the General Conditions. § 5.8 Reduction or limitation of retainage, if any, shall be as follows: (If it is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in Sections 5.6.1 and 5.6.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) ARTICLE 6 FINAL PAYMENT Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when (1) the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work as provided in Section 12.2.2 of the General Conditions and to satisfy other requirements, if any, which necessarily survive final payment; and (2) a final Project Certificate for Payment has been issued by the Construction Manager and Architect; such final payment shall be made by the Owner not more than 30 days after the issuance of the final Project Certificate for Payment, or as follows: ARTICLE 7 MISCELLANEOUS PROVISIONS § 7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 7.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) ) per annum (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Contractor's principal places of business, the location of the Project and AIA Document A101/CMaTM —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document Is Init. protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:58:11 on 08/15/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (4176269516) • 0 ARTICLE 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 execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement; these form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement is the date from which the Contract Time of Section 3.2 is measured, and shall be the date of this Agreement, as first written above, unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Paragraphs deleted)June 1, 2008 § 3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than ) days after the Date of Commencement. (Insert the calendar date or number of calendar days after the date of commencement. Also insert any requirements for earlier Substantial Completion of certain portions of the Work, if not stated elsewhere in the Contract Documents.) Portion of Work Substantial Completion date Provide all floor covering as noted on the drawings July 1, 2008 and specifications and per the following: Division I — General Requirements Section 09651 — Resilient Floor Tile Section 09652 — Sheet Vinyl Flooring Section 09653 — Resilient Wall Base and Accessories Section 09681 — Carpet Tile This bid package specifically includes: • Provide and install vinyl composition file (VCT), sheet vinyl flooring, and resilient wall base, adhesives, and accessories. • Provide and install carpet file and adhesives. • Provide grinding, leveling and floor preparation as required at all finish flooring areas , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to complete on time.) The Contractor acknowledges and agrees that the Owner will suffer financial loss in an amount that is difficult to quantify if the Work is not substantially complete on the date set forth in the Contract Documents. The Owner shall have the option to assess liquidated damages against the Contractor (and its surety, if any) in an amount of Five Init. AIA Document A101/CMaTM —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 2 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 08:58:11 on 08/15/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (4176269516) • 0 v :rnt A1 01 /C MaTm -1992 _ Document Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM AGREEMENT made as of the 3 (r-1 day of 5cL?+ in the year of o—A:50-1 (In words, indicate day, month and year) BETWEEN the Owner: (Name and address) CITY OF MERIDIAN 33 East Idaho Avenue Meridian, Idaho 83642-2300 and the Contractor: (Name and address) American Wallcover, Inc. 2685 E. Lanark Street Meridian, Idaho 83642 For the following Project: (Include detailed description of Project, location, address and scope.) New Meridian City Hall 33 East Broadway Avenue Meridian, Idaho 83642 An approximately 100,000 square foot, multi -story city hall office building with a basement. The Construction Manager is: (Name and address) PETRA INCORPORATED 1097 N. Rosario Street Meridian, Idaho 83646 The Architect is: (Name and address) LCA ARCHITECTS, P.A. 1221 Shoreline Lane Boise, Idaho 83702 The Owner and Contractor agree as set forth below. 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. The 1992 Edition of AIA Document A201/CMa,General Conditions of the Contract for Construction, Construction Manager -Adviser Edition, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. �� AIA Cuumwd A1101411111&= —1992. Copyright ®1992 by The American Institute of Architects. All right reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 15:41:21 on 08/14/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (3507941205) The Contractor acknowledges and agrees that the Owner will suffer financial loss in an amount that is difficult to quantify if the Work is not substantially complete on the date set forth in the Contract Documents. The Owner shall have the option to assess liquidated damages against the Contractor (and its surety, if any) in an amount of Five Hundred & NO/100 Dollars ($500.00) per calendar day, for each calendar day of delay until the Work is substantially complete. The Contractor acknowledges and agrees that the amounts set forth above are a reasonable estimate of the damages that will likely be incurred by Owner in the event the Work is not substantially complete by the date set forth in the Contract Documents, and not a penalty. If responsibility for a delay in substantial completion shared by the Contractor and others, Owner may reasonably apportion the damages between such responsible parties. The right to assess liquidated damages is in addition to, and not in limitation of, any right or remedy available to the Owner or to protect the Owner to address delay by the Contractor, whether such right or remedy is under law, in equity or under Contract Documents. ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of One Hundred Twelve Thousand Dollars & N0/100 ($112,000.00), subject to additions and deductions as provided in the Contract Documents. I § 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If decisions on other alternates are to be made by the Owner subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date until which that amount is valid.) § 4.3 Unit prices, if any, are as follows: Description Units Price ($ 0.00) ARTICLES PROGRESS PAYMENTS § 5.1 Based upon Applications for Payment submitted by the Contractor to the Construction Manager, and upon Project Applications and Certificates for Payment issued by the Construction Manager and Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 5.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: § 5.3 Provided an Application for Payment is submitted to the Construction Man a er not later than the 25th day of a month, the Owner shall make payment to the Contractor not later than the 20 day of the following month. If an Application for Payment is received by the Construction Manager after the application date fixed above, payment shall be made by the Owner not later than Thirty ( 30 ) days after the Construction Manager receives the Application for Payment. § 5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in accordance with the Contract Documents. The Schedule of Values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Construction Manager or Architect may require. This schedule, unless objected to by the Construction Manager or Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. Ink AIA Document AHII/Ch1aTM —1992. Copyright ®1992 by The American Institute of Architects. AN right reserved: WARNING: This AIA® Document is protected by U.S. Copyright law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 15:41:21 on 08/14/2007 under Order No. 1000295111_1 which expires on 4/4/2008, and is not for resale. User Note: (3507941205) • 0 (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Contractor's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) § 7.3 Temporary facilities and services: (Here insert temporaryfacilities and services which are different from or in addition to those included elsewhere in the Contract Documents.) § 7.4 Other Provisions: (Here list any special provisions affecting the Contract.) ARTICLE 8 TERMINATION OR SUSPENSION § 8.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of the General Conditions. § 8.2 The Work may be suspended by the Owner as provided in Article 14 of the General Conditions. ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: § 9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor, AIA Document A101/CMa, 1992 Construction Manager -Adviser Edition. § 9.1.2 The General Conditions are the General Conditions of the Contract for Construction, AIA Document A201/CMa, 1992 Construction Manager -Adviser Edition. § 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated and are as follows: Document Title Pages Volume 2 Phase III Bidding/General 218 Conditions § 9.1.4 The Specifications are those contained in the Project Manual dated as in Section 9.1.3, and are as follows: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Title of Specifications exhibit: Volume I - Technical Specifications 904 pages (Table deleted) § 9.1.5 The Drawings are as follows, and are dated unless a different date is shown below: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Title of Drawings exhibit: ARCHITECTURAL O.OT Cover Sheet AO.OT Life Safety Plan-Site/Basement Floor AO.1T Life Safety Plan- First Floor AO.2T Life Safety Plan- Second Floor A0.3T Life Safety Plan- Third Floor AO.4T Life Safety Plan- Penthouse AO.5T U.L Assemblies Init. AIA Document A101/CMsTm —1992. Copyright 01992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 5 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 15:41:21 on 08/14/2007 under Order No.1000295111_1 which expires on 4/4/2009, and is not for resale. User dotes: (3507941205) • P0.0 Mechanical Cover Sheet P0.001 Basement Foundation Plumbing Plan Area 1 P0.002 Basement Foundation Plumbing Plan Area 2 P0.01 Basement Waster Plan Area 1 P0.02 Basement Waste Plan Area 2 P1.11 First Floor Plumbing Plan Area I P1.12 First Floor Plumbing Plan Area 2 P2.11 Second Floor Plumbing Plan Area 1 P2.12 Second Floor Plumbing Plan Area 2 P3.11 Third Floor Plumbing Plan Area 1 P3.12 Third Floor Plumbing Plan -Area 2 P5.0 Plumbing Details P5.1 Plumbing Details MO. 11 Basement Floor HVAC Ceiling Plan Area 1 M1.12 Basement Floor HVAC Ceiling Plan Area 2 M1.01 First Floor HVAC Floor Plan Area 1 M1.02 First Floor HVAC Floor Plan Area 2 M1.11 First Floor HVAC Ceiling Plan Area 1 M1.12 First Floor HVAC Ceiling Plan Area 2 M2.01 Second Floor HVAC Floor Plan Area 1 M2.02 Second Floor HVAC Floor Plan Area 2 M2.11 Second Floor HVAC Floor Plan Area 1 M2.12 Second Floor HVAC Ceiling Plan Area 2 M3.01 Third Floor HVAC Floor Plan Area 1 M3.02 Third Floor HVAC Ceiling Plan Area 1 M3.11 Third Floor HVAC Ceiling Plan Area 1 M3.12 Third Floor HVAC Ceiling Plan Area 2 M4.11 Fourth Floor HVAC Floor Plan Area 1 M4.12 Fourth Floor HVAC Floor Plan Area 2 M5.01 HVAC Roof Plan Area 1 M5.02 HVAC Roof Plan Area 2 M6.0 HVAC Schedules M6.1 HVAC Details M6.2 Hydronic Piping Schematic FPO.1 Basement Floor Overall Fire Protection Plan FPI.0 First Floor Overall Fire Protection Plan FP2.0 Second Floor Overall Fire Protection Plan (Table deleted) FP3.0 Third Floor Overall Fire Protection Plan FP4.0 Fourth Floor Overall Fire Protection Plan ELECTRICAL E1.0 Site Electrical Plan E1.1 Shell and Core Site Electrical Details E2.01F Basement Fire Alarm Plan - Area 1 E2.01L Basement Lighting Plan - Area 1 E2.01M Basement Mechanical Power Pla - Area 1 E2.01P Basement Power Plan - Area 1 E2.01 S Basement Special Systems Plan - Area 1 E2.02F Basement Fire Alarm Plan - Area 2 E2.02L Basement Lighting Plan - Area 2 E2.02M Basement Power Plan - Area 2 E2.02S Basement Special Systems Plan - Area 2 E2.11 First Floor Fire Alarm Plan - Area 1 E2.1L First Floor Lighting Plan - Area 1 E2.1M First Floor Mechanical Power Plan - Area 1 E2.1P First Floor Power Plan - Area 1 E2.1 S First Floor Special Systems Plan - Area 1 • AIA Document A191/CI11eT" -1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document Is Init' protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 7 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 15:4121 on 08/14/2007 under Order No.10002951 1 1_1 which expires on 4/4/2008, and is not for resale. User Notes: (3507941205) 0 E2.1 IS First Floor Special Systems Plan -Area 1 E2.12F First Floor Fire Alarm Plan -Area 2 E2.12L First Floor Fire Alarm Plan -Area 1 E2.12L First Floor Lighting Plan -Area 2 E2.12M First Floor Mechanical Power Plan -Area 2 E2.12P First Floor Power Plan -Area 2 E2.12S First Floor Special Systems Plan -Area 2 E2.21F Second Floor Fire Alarm Plan -Area 1 E2.21L Second Floor Lighting Plan -Area 1 E2.21M Second Floor Mechanical Power Plan -Area 1 E2.21P Second Floor Power Plan -Area 1 E2.21 S Second Floor Special Systems Plan -Area 1 E2.22F Second Floor Fire Alarm Plan -Area 2 E2.22L Second Floor Lighting Plan -Area 2 E2.22M Second Floor Mechanical Power Plan -Area 2 E2.22P Second Floor Power Plan -Area 2 E2.22S Second Floor Special Systems Plan -Area 2 E2.31F Third Floor Fire Alarm Plan -Area 1 E2.31L Third Floor Lighting Plan -Area 1 E2.31 M Third Floor Mechanical Power Plan -Area 1 E2.31P Third Floor Power Plan -Area 1 E2.31S Third Floor Special Systems Plan -Area 1 E2.32F Third Floor Fire Alarm Plan -Area 2 E2.32L Third Floor Lighting Plan -Area 2 E2.32M Third Floor Mechanical Power Plan -Area 2 E2.32P Third Floor Power Plan -Area 2 E2.32S Third Floor Special Systems Plan -Area 2 E2.40 Overall -Roof Electrical Plan E2.50 Penthouse Electrical Plans E3.00 Electrical Schedules E3.01 Electrical Schedules E3.02 Electrical Schedules E3.03 Electrical Schedules E3.04 Electrical Schedules E3.05 Electrical Schedules E4.00 Electrical Details E4.01 Electrical Details E5.00 One Line Diagram E5.01 Lighting Compliance Certificate § 9.1.6 The Addenda, if any, are as follows: Number Date Pages Addendum A 6-18-07 1 Addendum B 7-2-07 182 Addendum C 7-9-07 4 Addendum D 7-16-07 42 Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. § 9.1.7 Other documents, if any, forming part of the Contract Documents are as follows: (List here any additional documents which are intended to form part of the Contract Documents. The General Conditions provide that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents.) AIA Doeument A101/CIIsm —19l1L Copyright ®1992 by The American Institute of Architects. Ali rights reserved. WARNING: This AIA® Document is Init. protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, g may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 15:4121 on 08/14/2007 under Order No.1 00029511 1_1 which expires on 4/M2008, and is not for resale. User hetes: (3507941205) E 1A Document A201/CMam —1992 General Conditions of the Contract for Construction where the Construction Manager is NOT a Constructor for the following PROJECT: (Name and location or address): ADDITIONS AND DELETIONS: New Meridian City Hall The author of this document has 33 East Broadway Avenue added information needed for its Meridian, Idaho 83642 completion. The author may also have revised the text of the original THE OWNER: AIA standard form. An Additions and (Name and address): Deletions Report that notes added CITY OF MERIDIAN information as well as revisions to 33 East Idaho Avenue the standard form text is available Meridian, Idaho 83642-2300 from the author and should be reviewed. A vertical line in the left THE ARCHITECT: margin of this document indicates (Name and address): where the author has added LCA ARCHITECTS, P.A. necessary information and where 1221 Shoreline Lane the author has added to or deleted Boise, Idaho 83702 from the original AIA text. This document has important legal consequences. Consultation with an TABLE OF ARTICLES attorney is encouraged with respect to its completion or modification. 1 GENERAL PROVISIONS 2 OWNER 3 CONTRACTOR 4 ADMINISTRATION OF THE CONTRACT 5 SUBCONTRACTORS 6 CONSTRUCTION BY OWNER OR BY OTHER CONTRACTORS 7 CHANGES IN THE WORK 8 TIME 9 PAYMENTS AND COMPLETION 10 PROTECTION OF PERSONS AND PROPERTY 11 INSURANCE AND BONDS 12 UNCOVERING AND CORRECTION OF WORK 13 MISCELLANEOUS PROVISIONS 14 TERMINATION OR SUSPENSION OF THE CONTRACT Inst AIA Document A201/CMaTu —1992. Copyright ®1992 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, or any portion of it, 1 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No.1000295111_1 which expires on 4/412008, and is not for resale. User Notes: (744410520) Init AIA Document A201/CMaTu —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, 3 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) 13.5.2, 4.6.16, 4.7.6, 14.2.2, 14.2.4 9.4.3, 9.5.1, Architect's Inspections 4.6.5, 4.6.16, 9.8.2, 9.9.2, 4.7.6, 9.4.3, 9.10.1, 13.5 9.8.2, 9.9.2, Asbestos 10.1.2, 9.10.1, 13.5 10.1.3,.10.1.4 Architect's Instructions 4.6.10, Attorneys' Fees 3.18.1, 4.6.12, 7.4.1, 9.10.2, 10.1.4 9.4.3, 12.1, Award of Separate 6.1.1 13.5.2 Contracts Architect's Interpretations 4.6.18, Award of Subcontracts 5.2 4.6.19, 4.7.7 and Other Contracts for Architect's On -Site 4.6.5, 4.6.9, Portions of the Worn Observations 4.7.6, 9.4.3, Basic Definitions 1.1 9.5.1, 9.10.1, Bidding Requirements 1.1.1, 1.1.7, 13.5 5.2.1, 11.4.1 Architect's Project 4.6.17 Boiler and Machinery 11.3.2 Representative Insurance Architect's Relationship 1.1.2, 3.2.1, Bonds, Lien 9.10.2 with Contractor 3.2.2, 3.3.3, Bonds, Performance and 7.3.6.4, 3.5.1, 3.7.3, Payment 9.10.3, 3.11, 3.12.8, 11.3.9, 11.4 3.12.11, 3.16, Building Permit 2.2.3, 3.7.1 3.18, 4.6.6, Capitalization 1.4 4.6.7, 4.6.10, Certificate of Substantial 9.8.2 4.6.12, Completion 4.6.19, 5.2, Certificates for Payment 4.6.8, 4.6.9, 6.2.2, 7.3.4, 9.3.3, 9.4, 9.8.2, 10.1.2, 9.5, 9.6.1, 10.1.4, 9.6.6, 9.7.1, 10.1.5, 9.8.3, 9.10.1, 11.3.7, 12.1, 9.10.3, 13.7, 13.5 14.1.1.3, Architect's Relationship 1.1.2, 2.4.1, 14.2.4 with Construction Manager 3.12.6, Certificates of Inspection, 3.12.11, 3.12.8, 4.6.8, Testing or Approval 13.5.4 4.6.10, Certificates of Insurance 9.3.2, 9.10.2, 4.6.14, 11.1.3 4.6.16, Change Orders 1.1.1, 2.4.1, 4.6.18, 6.3.1, 3.8.2.4, 9.7.1, 9.8, 3.11.1, 9.9.1,9.9.2, 4.6.13, 4.7.3, 9.10.1, 5.2.3, 7.1, 9.10.2, 7.2, 7.3.2, 9.10.3, 8.3.1, 9.3.1.1, 12.2.4, 9.10.3, 13.5.1, 11.3.1.2, 13.5.2, 11.3.4, 13.5.4, 14.2.4 11.3.9, 12.1.2 Architect's Relationship 1.1.2, 4.6.6, Change Orders, Definition 7.2.1 with Subcontractors 4.6.7, 4.6.10, of 5.3.1, Changes 7.1 9.6.3,9.6.4, CHANGES IN THE 3.11, 4.6.13, 11.3.7 WORK 4.6.14, 7, Architect's Representations 9.4.3, 9.5.1, 8.3.1, 9.3.1.1, 9.10.1 10.1.3 Architect's Site Visits 4.6.5, 4.6.9, Claim, Definition of 4.7.1 Init AIA Document A201/CMaTu —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, 3 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) and Responsibility Construction Manager, and Submittals Construction Manager's Additional Services and Expenses Construction Manager's Administration of the Contract Construction Manager's Approval Construction Manager's Authority to Reject Work Construction Manager's Decisions Construction Manager's Inspections Construction Manager's On -Site Observations Construction Manager's Relationship with Architect Construction Manager's Relationship with Contractor 3.10.3 12.2.1, 12.2.4 4.6, 9.4, 9.5 2.4.1, 3.10.3 4.6.10, 12.2.1 7.3.6, 7.3.7, 7.3.8, 9.3.1, 9.4.1, 9.5.1 4.6.10, 9.4.3, 9.8.2, 9.9.2, 12.1.1 9.5.1 1.1.2, 4.6.8, 4.6.10, 4.6.11, 4.6.14, 4.6.16, 4.6.18, 6.3.1, 9.2.1, 9.4.2, 9.4.3, 9.51, 9.6.1, 9.6.3, 9.8.2, 9.8.3, 9.9.1, 9.10.1, 9.10.2, 9.10.3, 11.1.3, 12.2.4, 13.5.1, 13.5.2, 13.5.4, 14.2.2, 14.2.4 3.2.1, 3.2.2 3.3.1, 3.3.3, 3.5.1, 3.7.3, 3.10.1, 3.10.2, 3.10.3, 3.11.1, 3.12.5, 3.12.6, 3.12.8, 3.12.9, 3.12.10, 3.12.11, 3.13.2, 3.14.2, 3.15.2, 3.16.1, Construction Manager's Relationship with Owner Construction Manager's Relationship with Other Contractors and Owner's Own Forces Construction Manager's Relationship with Subcontractors Construction Manager's Representations Construction Manager's Site Visits Construction Schedules, Contractor's Contingent Assignment of Subcontracts Continuing Contract Performance Contract, Definition of CONTRACT, TERMINATION OR SUSPENSION OF THE Contract Administration Contract Award and Execution, Conditions Relating to Contract Documents, The Contract Documents, Copies Furnished and Use of 3.17.1, 3.18.1, 3.18.3, 4.6.3, 4.6.4, 4.6.6, 4.6.11, 5.2, 6.2.1, 6.2.2, 7.1.2, 7.2.1, 7.3.4, 7.3.6, 7.3.9, 8.3.1, 9.2.1,9.3.1, 9.4.1, 9.4.2, 9.4.3, 9.7.1, 9.8.2, 9.9.1, 9.10.1, 9.10.2, 9.10.3, 10.1.1, 10.1.2, 10.1.5, 10.2.6, 11.3.7, 12.1, 13.5.1, 13.5.2, 13.5.3, 13.5.4 2.2.3, 4.6.1, 4.6.2, 10.1.6 4.6.3 4.6.10, 5.3.1, 9.6.3, 9.6.4 9.4.3, 9.5.1 9.4.4, 9.5.1 3.10, 4.6.3, 4.6.4 5.4 4.7.4 1.1.2 4.7.7, 5.4.1.1, 14 3.3.3, 4, 9.4, 9.5 3.7.1, 3.10, 5.2,9.2, 11.1.3, 11.3.6, 11.4.1 1.1, 1.2, 7 1.3, 2.2.5, 5.3 AIA Document A201/CMaT" —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA'® Document is Init. protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 5 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No. 1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) AIA Document A21)1/CMaTM —1992. Copyright ©1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is init protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 7 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) 9.10.3, 9.5.1.6, 9.7 10.1.2, 11.4.2 Date of Commencement of 8.1.2 Contractor's 3.9, 10.2.6 the Work, Definition of Superintendent Date of Substantial 8.1.3 Contractor's Supervision 1.2.4, 3.3, Completion, Definition of and Construction 3.4, 4.6.6, Day, Definition of 8.1.4 Procedures 8.2.2, 8.2.3, Decisions of the Architect 4.6, 4.7, 6.3, 10 8.1.3, 8.3.1, Contractual Liability 11.1.1.7, 9.2, 9.4, Insurance 11.2.1, 9.5.1, 9.8.2, 11.3.1.5 9.9.1, 10.1.2, Coordination and 1.2.2, 1.2.4, 13.5.2, Correlation 3.3.1, 3.10, 14.2.2, 14.2.4 3.12.7, 6.2.1 Decisions of the 4.3, 7.3.6, Copies Furnished of 1.3, 2.2.5, Construction Manager 7.3.7, 7.3.8, Drawings and 3.11 9.3.1, 9.4.1, Specifications 9.4.3, 9.5.1 Correction of Work 2.3, 2.4, Decisions to Withhold 9.5, 9.7, 3.2.1, 4.6.1, Certification 14.1.1.3 9.8.2, 9.9.1, Defective or 12.1.2, 12.2, Nonconforming Work, 13.7.1.3 Acceptance, Cost, Definition of 7.3.6 Rejection and Correction of 2.3, 2.4, Costs 2.4, 3.2.1, 3.5.1, 4.6.1, 3.7.4, 3.8.2, 4.6.10, 4.7.5, 3.15.2., 4.7.6, 9.5, 9.8.2, 4.7.7, 4.7.8.1, 9.9.1, 10.2.5, 5.2.3, 6.1.1, 12, 13.7.1.3 6.2.3, 6.3.1, Defective Work, Definition 3.5.1 7.3.3.3, 7.3.6, of 7.3.7, 9.7, Definitions 1.1, 2.1.1, 9.8.2, 9.10.2, 3.1, 3.5.1, 11.3.1.2,11.3. 3.12.1, 1.3, 11.3.4, 3.12.2, 11.3.9, 12.1, 3.12.3, 4.1.1, 12.2.1, 4.2.1, 4.7.1, 12.2.4, 5.1, 6.1.1, 12.2.5, 13.5, 7.2.1, 7.3.1, 14 7.3.6, 8.1, Cutting and Patching 3.14, 6.2.6 9.1, 9.8.1 Damage to Construction of Delays and Extensions of 4.7.1, 4.7.8.1, Owner or Other Time 4.7.8.2, 6.1.1, Contractors 3.14.2, 6.2.4, 6.2.3, 7.2.1, 9.5.1.5, 7.3.1.3, 7.3.4, 10.2.1.2, 7.3.5, 7.3.8, 10.2.5, 10.3, 7.3.9, 8.1.1, 11.1,11.3, 8.3,10.3.1, 12.2.5 14.1.1.4 Damage to the Work 3.14.2, 9.9.1, Disputes 4.7, 4.8, 4.9, 10.2.1.2, 6.2.5, 6.3, 10.2.5, 10.3, 7.3.8, 9.3.1.2 11.3 Documents and Samples at 3.11 Damages, Claims for 3.18, 4.6.9, the Site 6.1.1, 6.2.5, Drawings, Definition of 1.1.5 8.3.2, 9.5.1.2, Drawings and 10.1.4 Specifications, Use and Damages for Delay 6.1.1, 8.3.3, Ownership of 1.1.1, 1.3, AIA Document A21)1/CMaTM —1992. Copyright ©1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is init protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 7 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) Insurance Companies, 9.9.1, 11.3.11 Consent to Partial Occupancy Insurance Companies, 11.3.10 Settlement with Intent of the Contract 1.2.3, 3.12.4, Documents 4.6.10, 4.6.12, 4.6.19, 4.6.20, 7.4 Interest 13.6 Interpretation 1.2.5, 1.4, 1.5, 4.1.1, 4.7.1, 5.1, 6.1.2, 8.1.4 Interpretations, Written 4.6.18, 4.6.19, 4.7.7 Joinder and Consolidation 4.9.5 of Claims Required Judgment on Final 4.9.1, 4.9.4.1, Award 4.9.7 Labor and Materials, 1.1.3, 1.1.6, Equipment 3.4, 3.5.1, 3.8.2, 3.12.2, 3.12.3, 3.12.7, 3.12.11, 3.13, 3.15.1, 4.6.12, 6.2.1, 7.3.6, 9.3.2, 9.3.3, 12.2.4, 14.1.2, 14.2.1, 14.2.2 Labor Disputes 8.3.1 Laws and Regulations 1.3, 3.6, 3.7, 3.13, 4.1.1, 4.9.5, 4.9.7, 9.9.1, 10.2.2, 11.1, 11.3, 13.1, 13.4.1, 13.5.1, 13.5.2, 13.6 Liens 2.1.2, 4.7.2, 4.7.5.1, 8.2.2, 9.3.3, 9.10.2 Limitation on 4.9.5 Consolidation or Joinder Limitations, Statutes of 4.9.4.2, 12.2.6, 13.7 Limitations of Authority 3.3.1, 4.6.12, 4.6.17, 5.2.2, 5.2.4, 7.4, 11.3.10 Limitations of Liability 2.3, 3.2.1, 3.5.1, 3.7.3, 3.12.8, 3.12.11, 3.17, Limitations of Time, General Limitations of Time, Specific Loss of Use Insurance Material Suppliers 3.18, 4.6.10, 4.6.12, 4.6.19, 6.2.2, 9.4.3, 9.6.4, 9.10.4, 10.1.4, 10.2.5, 11.1.2, 11.2.1, 11.3.7, 13.4.2, 13.5.2 2.2.1, 2.2.4, 3.2.1, 3.7.3, 3.8.2, 3.10, 3.12.5, 3.15.1, 4.6.1, 4.6.12, 4.6.18, 4.7.2, 4.7.3, 4.7.4, 4.7.6,.4.7.9, 4.6.4.2, 5.2.1, 5.2.3, 6.2.4, 7.3.4, 7.4, 8.2, 9.2, 9.5, 9.6.2, 9.8, 9.10, 11.1.3, 11.3.1, 11.3.2, 11.3.5, 11.3.6, 12.2.1, 12.2.2, 13.5, 13.7, 14.3 2.1.2, 2.2.1, 2.4, 3.10, 3.11, 3.15.1, 4.6.1, 4.6.18, 4.7, 4.8, 4.9, 5.3, 5.4, 7.3.5, 7.3.9, 8.2, 9.3.1, 9.3.3, 9.4.1, 9.6.1, 9.7, 9.8.2, 9.10.2, 11.1.3, 11.3.6, 11.3.10, 11.3.11, 12.2.2, 12.2.4, 12.2.6, 13.7, 14.1, 14.2.2 11.33 1.3.1, 3.12.1, 4.6.7, 4.6.10, 5.2.1, 9.3.1, 9.3.1.2, 9.3.3, Inst. AIA Document A201/CMaTm —1992. Copyright ®1992 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, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:45:07 on 04/27/2007 under Order No. 1000295111 —1 which expires on 4/4/2008, and is not for resale. (744410520) User Notes: Owner's Financial Capability Owner's Liability Insurance Owner's Loss of Use Insurance Owner's Relationship with Subcontractors Owner's Right to Carry Out the Work Owner's Right to Clean Up Owner's Right to Perform Construction with Own Forces and to Award Other Contracts Owner's Right to Stop the Work Owner's Right to Suspend the Work Owner's Right to Terminate the Contract Ownership and Use of Architect's Drawings, Specifications and Other Documents Partial Occupancy or Use Patching, Cutting and Patents, Royalties and Payment, Applications for Payment, Certificates for Payment, Failure of Payment, Final 0 9.3.1, 9.3.2, 11.4.1, 12.2.4, 13.5.2, 14.2, 14.3.1 2.2.1, 14.1.1.5 11.2 11.3.3 1.1.2, 5.2.1, 5.4.1, 9.6.4 2.4, 12.2.4, 14.2.2.2 6.3 6.1 2.3, 4.7.7 0 Payment Bond, Performance Bond and Payments, Progress PAYMENTS AND COMPLETION Payments to Subcontractors PCB Performance Bond and Payment Bond Permits, Fees and Notices 11.3.5, 12.3.1 7.3.6.4, 9.10.3, 11.3.9, 11.4 4.7.4, 9.3, 9.6, 9.8.3, 9.10.3, 13.6, 14.2.3 9,14 5.4.2, 9.5.1.3, 9.6.2, 9.6.3, 9.6.4, 11.3.8, 14.2.1.2 10.1.2, 10.1.3, 10.1.4 7.3.6.4, 9.10.3, 11.3.9, 11.4 2.2.3, 3.7, 3.13, 7.3.6.4, 10.2.2 10 10.1.2, 10.1.3, 10.1.4 3.12.2 3.11, 3.12, 4.2.7 4.6.5, 4.7.4, 8.2 4.7.4, 9.3, 9.6, 9.8.3, 9.10.3, 13.6, 14.2.3 1.1.4 1.1.7 2.2.5 4.6.17 10.2.5, 11.3 10 1.3, 3.6, 3.7, 3.13, 4.1.1, 4.9.7, 10.2.2, 11.1, 11.3, 13.1, 13.4, 13.5.1, 13.5.2, 13.6, 14 3.5.1, 4.6.10, 12.2. 9.10.2 AIA Document A201/CMaTm —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA" Document is Init. protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 11 may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:45:07 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) PERSONS AND 14.3 PROPERTY, PROTECTION OF 14.2 Polychlorinated Biphenyl 1.1.1, 1.3, Product Data, Definition of 2.2.5, 5.3 Product Data and Samples, Shop Drawings Progress and Completion 9.6.6, 9.9, 11.3.11 Progress Payments 3.14, 6.2.6 3.17 4.6.9, 9.2, 9.3, 9.4, Project, Definition of the 9.5.1, 9.8.3, Project Manual, 9.10.1, Definition of the 9.10.3, Project Manuals 9.10.4, 14.2.4 Project Representatives 4.6.9, 4.6.16, Property Insurance 9.3.3, 9.4, PROTECTION OF 9.5, 9.6.1, PERSONS AND 9.6.6, 9.7.1, PROPERTY 9.8.3, 9.10.1, Regulations and Laws 9.10.3, 13.7, 14.1.1.3, 14.2.4 4.7.7, 9.5.1.3, 9.7, 9.10.2, 14.1.1.3, 14.2.1.2 4.6.1, 4.6.16, Rejection of Work 4.7.2, 4.7.5, 9.10, 11.1.2., Releases of Waivers and 11.1.3, Liens 11.3.5, 12.3.1 7.3.6.4, 9.10.3, 11.3.9, 11.4 4.7.4, 9.3, 9.6, 9.8.3, 9.10.3, 13.6, 14.2.3 9,14 5.4.2, 9.5.1.3, 9.6.2, 9.6.3, 9.6.4, 11.3.8, 14.2.1.2 10.1.2, 10.1.3, 10.1.4 7.3.6.4, 9.10.3, 11.3.9, 11.4 2.2.3, 3.7, 3.13, 7.3.6.4, 10.2.2 10 10.1.2, 10.1.3, 10.1.4 3.12.2 3.11, 3.12, 4.2.7 4.6.5, 4.7.4, 8.2 4.7.4, 9.3, 9.6, 9.8.3, 9.10.3, 13.6, 14.2.3 1.1.4 1.1.7 2.2.5 4.6.17 10.2.5, 11.3 10 1.3, 3.6, 3.7, 3.13, 4.1.1, 4.9.7, 10.2.2, 11.1, 11.3, 13.1, 13.4, 13.5.1, 13.5.2, 13.6, 14 3.5.1, 4.6.10, 12.2. 9.10.2 AIA Document A201/CMaTm —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA" Document is Init. protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 11 may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:45:07 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) 0 Subrogation, Waivers of 6.1.1, 11.3.5, 0 Extensions of Time Limits, Specific Time Limits on Claims Title to Work UNCOVERING AND CORRECTION OF WORK Uncovering of Work Unforeseen Conditions Unit Prices Use of Documents Use of Site Values, Schedule of Waiver of Claims: Final Payment Waiver of Claims by the Architect Waiver of Claims by the Contractor Waiver of Claims by the Owner Waiver of Liens Waivers of Subrogation Warranty and Warranties 8.3 2.1.2, 2.2.1, 2.4, 3.10, 4.6.18, 4.7, 4.8.1, 4.8.3, 4.8.4, 4.9.1, 4.9.4.1, 4.9.4.2, 5.3, 5.4, 7.3.5, 7.3.9, 8.2, 9.2, 9.3.1, 9.3.3, 9.4.1, 9.6.1, 9.7, 9.8.2, 9.10.2, 11.1.3, 11.3.6, 11.3.10, 11.3.11, 12.2.2, 12.2.4, 12.2.6, 13.7, 14 4.7.2, 4.7.3, 4.7.6, 4.7.9, 4.8, 4.9 9.3.2, 9.3.3 12 12.1 4.7.6, 8.3.1, 10.1 7.1.4, 7.3.3.2 1.1.1, 1.3, 2.2.5, 3.12.7, 5.3 3.13, 6.1.1, 6.2.1 9.2, 9.3.1 4.7.5, 4.9.1, 9.10.3 13.4.2 9.10.4, 11.3.7, 13.4.2 4.7.5, 4.9.1, 9.9.3, 9.10.3, 11.3.3, 11.3.5, 11.3.7, 13.4.2 9.10.2 6.1.1, 11.3.5, 11.3.7 3.5, 4.6.16, 4.7.5, 9.3.3, 9.8.2, 9.9.1, 12.2.2, Init. AIA Document A201/CMaTm —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 13 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No. 10002951111 which expires on 414/2008, and Is not for resale. (744410520) User Notes: 11.3.7 Substantial Completion 4.6.16, 8.1.1, 8.1.3, 8.2.3, 9.8, 9.9.1, 12.2.1, 12.2.2, 13.7 Substantial Completion, 9.8.1 Definition of Substitution of 5.2.3, 5.2.4 Subcontractors Substitution of Architect 4.4 Substitution of 4.4 Construction Manager Substitutions of Materials 3.5.1 Sub -subcontractor, 5.1.2 Definition of Subsurface Conditions 4.7.6 Successors and Assigns 13.2 Superintendent 3.9, 10.2.6 Supervision and 1.2.4, 3.3, Construction Procedures 3.4, 4.6.6, 4.7.4, 6.2.4, 7.1.3, 7.3.4, 8.2, 8.3.1, 10, 12,14 Surety 4.8.1, 4.8.4, 5.4.1.2, 9.10.2, 9.10.3, 14.2.2 Surety, Consent of 9.10.2, 9.10.3 Surveys 2.2.2, 3.18.3 Suspension by the Owner 14.3 for Convenience Suspension of the Work 4.7.7, 5.4.2, 14.1.1.4, 14.3 Suspension or Termination 4.7.7, 5.4.1.1, of the Contract 14 Taxes 3.6, 7.3.6.4 Termination by the 14.1 Contractor Termination by the 5.4.1.1, 14.2 Owner for Cause Termination of the 4.4 Architect Termination of the 4.4 Construction Manager Termination of the 14.2.2 Contractor TERMINATION OR 14 SUSPENSION OF THE CONTRACT Tests and Inspections 3.3.3, 4.6.10, 4.6.16, 9.4.3, 12.2.1, 13.5 TIME 8 Time, Delays and 4.7.8, 7.2.1, 0 Extensions of Time Limits, Specific Time Limits on Claims Title to Work UNCOVERING AND CORRECTION OF WORK Uncovering of Work Unforeseen Conditions Unit Prices Use of Documents Use of Site Values, Schedule of Waiver of Claims: Final Payment Waiver of Claims by the Architect Waiver of Claims by the Contractor Waiver of Claims by the Owner Waiver of Liens Waivers of Subrogation Warranty and Warranties 8.3 2.1.2, 2.2.1, 2.4, 3.10, 4.6.18, 4.7, 4.8.1, 4.8.3, 4.8.4, 4.9.1, 4.9.4.1, 4.9.4.2, 5.3, 5.4, 7.3.5, 7.3.9, 8.2, 9.2, 9.3.1, 9.3.3, 9.4.1, 9.6.1, 9.7, 9.8.2, 9.10.2, 11.1.3, 11.3.6, 11.3.10, 11.3.11, 12.2.2, 12.2.4, 12.2.6, 13.7, 14 4.7.2, 4.7.3, 4.7.6, 4.7.9, 4.8, 4.9 9.3.2, 9.3.3 12 12.1 4.7.6, 8.3.1, 10.1 7.1.4, 7.3.3.2 1.1.1, 1.3, 2.2.5, 3.12.7, 5.3 3.13, 6.1.1, 6.2.1 9.2, 9.3.1 4.7.5, 4.9.1, 9.10.3 13.4.2 9.10.4, 11.3.7, 13.4.2 4.7.5, 4.9.1, 9.9.3, 9.10.3, 11.3.3, 11.3.5, 11.3.7, 13.4.2 9.10.2 6.1.1, 11.3.5, 11.3.7 3.5, 4.6.16, 4.7.5, 9.3.3, 9.8.2, 9.9.1, 12.2.2, Init. AIA Document A201/CMaTm —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 13 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No. 10002951111 which expires on 414/2008, and Is not for resale. (744410520) User Notes: ARTICLE 1 GENERAL PROVISIONS § 1.1 BASIC DEFINITIONS § 1.1.1 THE CONTRACT DOCUMENTS The Contract Documents consist of the Agreement between Owner and Contractor (hereinafter 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 other documents such as bidding requirements (advertisement or invitation to bid, Instructions to Bidders, sample forms, the Contractor's bid 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 Architect and Contractor, (2) between the Construction Manager and Contractor, (3) between the Architect and Construction Manager, (4) between the Owner and a Subcontractor or Sub -subcontractor or (5) between any persons or entities other than the Owner and Contractor. The Construction Manager and Architect shall, however, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of their duties. § 1.1.3 THE WORK The term "Work" means the construction and services required, implied, or reasonably inferable from 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. The Work includes providing such supplementary or miscellaneous items, appurtenances and devises to the extent required by, or reasonably inferable from, the Contract Documents (whether shown or not) incidental to or necessary for a sound, secure, complete and functional installation. Further, the Work includes all labor, materials, equipment and services necessary to complete its Work in accordance with all applicable laws, including building related code requirements. § 1.1.4 THE PROJECT The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by other Contractors and by the Owner's own forces including persons or entities under separate contracts not administered by the Construction Manager. § 1.1.5 THE DRAWINGS The Drawings are the graphic and pictorial portions of the Contract Documents, wherever located and whenever issued, 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, construction systems, standards and workmanship for the Work, and performance of related services. § 1.1.7 THE PROJECT MANUAL The Project Manual is the volume usually assembled for the Work which may include the bidding requirements, sample forms, Conditions of the Contract and Specifications. § 1.1.8 FURNISH Unless specifically limited in context, the word "furnish" and any derivatives thereof shall mean to deliver the specified items, materials or equipment (and all necessary appurtenances to the extent required by, or reasonably inferable from, the Contract Documents for a proper installation) to the Project site and store in a secure location. AIA Document A201/CU87m —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is Init protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, is may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:45:07 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. (744410520) User NoWs: § 1.2.6 In the event of an inconsistency, conflict, or ambiguity between or among the Contract Documents that cannot be resolved consistent with the provisions of Sections 1.1 and 1.2, the Contractor shall request a clarification from the Construction Manager. For the purpose of determining which Work affected by an unresolved inconsistency, conflict, or ambiguity shall be presumed to be included in the Contract Sum, the Contract Documents shall take precedence in the following order: .1 Written modifications to the Agreement; Change Orders, Construction Change Directives and ASIS, with those a later date taking precedence over those of an earlier date; .2 The Agreement; .3 Written Supplementary Conditions, if any, to the General Conditions; .4 General Conditions; .5 Specifications; .6 Drawings. Drawing details shall have precedence over plans, sections and elevations. Drawings of a larger scale shall have precedence over those of a smaller scale. Figured dimensions shall have precedence over scaled dimensions. § 1.3 OWNERSHIP AND USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS § 1.3.1 The Drawings, Specifications and other documents prepared by the Architect are instruments of the Architect's service through which the Work to be executed by the Contractor is described. The Contractor may retain one contract record set. Neither the Contractor nor any Subcontractor, Sub -subcontractor or material or equipment supplier shall own or claim a copyright in the Drawings, Specifications and other documents prepared by the Architect, and unless otherwise indicated the Owner shall be deemed the author of them and will retain all common law, statutory and other reserved rights, in addition to the copyright. All copies of them, except the Contractor's record set, shall be returned or suitably accounted for to the Owner, on request, upon completion of the Work. The Drawings, Specifications and other documents prepared by the Architect, and copies thereof furnished to the Contractor, are for use solely with respect to this Project. They are not to be used by the Contractor or any Subcontractor, Sub -subcontractor or material or equipment supplier on other projects or for additions to this Project outside the scope of the Work without the specific written consent of the Owner. The Contractor, Subcontractors, Sub -subcontractors and material or equipment suppliers are granted a limited license to use and reproduce applicable portions of the Drawings, Specifications and other documents prepared by the Architect appropriate to and for use in the execution of their Work under the Contract Documents. All copies made under this license shall bear the statutory copyright notice, if any, shown on the Drawings, Specifications and other documents prepared by the Architect. 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 Owner's copyright or other reserved rights. § 1.3.2 Although Owner requested Architect to prepare Construction Documents that are accurate, adequate, consistent, coordinated, and sufficient for construction, OWNER MAKES NO REPRESENTATION OR WARRANTY OF ANY NATURE WHATSOEVER TO CONTRACTOR CONCERNING SUCH DOCUMENTS. Contractor again hereby acknowledges and represents that it has received, reviewed, and carefully examined such documents, has found them to be complete, accurate, adequate, consistent, coordinated, and sufficient for construction, and that Contractor has not, does not, and will not rely upon any representations or warranties by Owner concerning such documents, as no such representations or warranties have been or are hereby made. § 1.4 CAPITALIZATION § 1.4.1 Terms capitalized in these General Conditions include those which are (1) specifically defined, (2) the titles of numbered articles or (3) the titles of other documents published by the American Institute of Architects. § 1.5 INTERPRETATION § 1.5.1 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. § 1.6 RELATIONSHIP BETWEEN PROJECT TEAM MEMBERS § 1.6.1 The Owner and Contractor agree that their objectives for this Contract are to: .1 Complete the Project according to the highest standards of quality; .2 Complete the Project on time; .3 Complete the Project within or under budget or estimates; Inst. AIA Document A291/CMaTu —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, 17 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:45:07 on 04/27/2007 under Order No. 1000295111_1 which expires on 4/4/2008, and is not for resale. (744410520) User Notes: § 2.2.5 Unless otherwise provided in the Contract Documents, the Contractor will be furnished, free of charge, such copies of Drawings and Project Manuals as are reasonably necessary for execution of the Work. § 2.2.6 The Owner shall forward all communications to the Contractor through the Construction Manager and shall contemporaneously provide the same communications to the Architect. § 2.2.7 The foregoing are in addition to other duties and responsibilities of the Owner enumerated herein and especially those in respect to Article 6 (Construction by Owner or by Other Contractors), Article 9 (Payments and Completion) and Article 11 (Insurance and Bonds). § 2.3 OWNER'S RIGHT TO STOP THE WORK § 2.3.1 If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents as required by Section 12.2 or persistently fails to cant' out Work in accordance with the Contract Documents, the Owner, by written order signed personally or by an agent specifically so empowered by the Owner in writing, may order 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. § 2.4 OWNER'S RIGHT TO CARRY OUT THE WORK § 2.4.1 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven-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 cost of correcting such deficiencies, including compensation for the Construction Manager's and Architect's and their respective consultants' additional services and expenses made necessary by such default, neglect or failure. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. ARTICLE 3 CONTRACTOR § 3.1 DEFINITION; REPRESENTATIONS AND WARRANTIES § 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout this Agreement as if singular in number. The term "Contractor" means the Contractor or the Contractor's authorized representative. § 3.1.2 The plural term "Contractors" refers to persons or entities who perform construction under Conditions of the Contract that are administered by the Construction Manager, and that are identical or substantially similar to these Conditions. § 3.1.3 The Contractor makes the following express representations and warranties to the Owner, which shall survive the execution and delivery of the Agreement: .1 Contractor is fully qualified to act as a public works contractor for the Project and has, and shall maintain, any and all licenses, permits, or other authorizations necessary to perform the Work; .2 Contractor has become familiar with the Project site and the conditions under which the Project is to be constructed and operated; .3 Contractor has become familiar with all legal requirements applicable to the Work, including, not limited to, all applicable laws, statutes, ordinances and building codes; A Contractor has received, reviewed, compared, studied and carefully examined all of the Contract Documents and, except as reported, found them in all respects to be complete, accurate, adequate, consistent, coordinated and sufficient for the bidding and construction of the Work. Such review, comparison, study, and examination shall be a warranty that the Contract Documents are complete and the Project is buildable as described therein, except as reported to Construction Manager in writing; and .4 That the Contract Time is a reasonable period for performing the work. Init.AIA Document A201/CMaTM —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: I ms AIA- uocumenr is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any portion of it, 19 may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:45:07 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4!2008, and is not for resale. (744410520) User Notes: 0 .3 Substantial advantage is offered to the Owner after deducting offsetting disadvantages including delays, additional compensation to Architect and Construction Manager for redesign, investigation, evaluation and other necessary services and similar considerations; and .4 The specified product or method or construction cannot be provided in a manner that is compatible with other materials, or cannot be properly coordinated, warranted, or insured, and where the Contractor certifies that the substitution will overcome the deficiency. 3.4.4 By making requests for substitutions based on Section 3.4.3 above, the Contractor: .1 Represents that he has personally investigated the proposed substitute and determined that it is equal or superior in all respects to that specified; .2 Represents that it will provide the same warranty for the substitution that it would for that specified; .3 Certifies that the cost data presented is complete and includes all related costs under separate contracts, but excludes the Architect's redesign costs, and waives all claims for additional costs related to the substitution which subsequently becomes apparent; and .4 Will coordinate the installation of the accepted substitute, making such changes as may be required for the Work to be complete in all respects. § 3.4.5 All materials delivered by or on account of the Contractor and intended to be incorporated into the construction of the Project shall become the property of the Owner as delivered, but the Contractor may repossess himself of any surplus remaining at the completion of this Contract. All scaffolding, apparatus, ways, works, machinery and plans brought upon the premises by the Contractor shall remain his property, but in the case of default, and completion of the Work by the Owner, Owner shall be entitled to use such scaffolding, apparatus, ways, works, machinery and plans without cost or liability for depreciation or damage by such use and without prejudice to Owner's other rights or remedies for any damage or loss sustained by reason of said default. § 3.5 WARRANTY § 3.5.1 The Contractor warrants to the Owner, Construction Manager and Architect that all labor furnished under this Contract shall be competent to perform the tasks undertaken, that the product of such labor shall yield only first- class results, that all materials and equipment furnished under the Contract will be of high quality and new unless otherwise required or permitted by the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform with the requirements of the Contract Documents. Any Work not strictly complying with these requirements shall constitute a breach of Contractor's warranty. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage. If required by the Construction Manager or Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. The Contractor shall assign and deliver any Subcontractor or supplier warranties to the Owner. § 3.6 TAXES § 3.6.1 The Contractor shall pay sales, consumer, use and similar taxes for the Work or portions thereof provided by the Contractor which are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect. § 3.6.2 The Contractor, in consideration of securing the business of erecting or constructing public works in the State if Idaho, recognizes that it is engaged in a transitory business and that in the pursuit thereof it property used therein may be outside the State of Idaho when taxes, excises, or license fees to which it is liable become payable. Accordingly, the Contractor understands, covenants and agrees: .1 To pay promptly when due all taxes (other than on real property), excises and license fees due to the State of Idaho, its subdivisions, municipal corporations and quasi -municipal corporations therein, accrued or accruing during the term of this Contract, whether or not the same shall be payable at the end of such term; .2 That if the said taxes, excises, and license fees are not payable at the end of said term, but liability for the payment thereof exists even though the same constitute liens upon its property, to secure the same to the satisfaction of the respective officers charged with the collection thereof; and .3 That, in the event of its default in the payment or securing of such taxes, excises, and license fees, to consent that the department, officer, board, or taxing unit entering into this Contract may withhold Inst. AIA Document A201/CMaTM —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 21 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Omer No.1000295111_1 which expires on 4/412008, and Is not for resale. (744410520) User Notes: 0 0 communications shall be similarly confirmed on written request in each case. The superintendent shall supervise and direct the Work and shall not physically participate in the actual performance, assemblage or installation of the Work except limited participation that is incidental to such superintendent's supervisory duties. §3.9.2 Prior to commencement of the Work, Contractor shall provide Owner with the name, contact information, qualifications, experience and role of the superintendent and its assistants. The Contractor shall not retain any superintendent or assistant to which Owner has a reasonable objection. Upon Owner's request, Contractor shall replace the superintendent or any assistants that become reasonably unsatisfactory to Owner. So long as such individuals named remain actively employed or retained by Contractor, they shall perform the roles indicated unless Owner agrees to the contrary in writing. If one or more individuals not listed above subsequently assumes one or more of those functions listed above, the provisions of this Section 3.9 shall bind the Contractor as though Contractor had properly designated such individuals. § 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULE § 3.10.1 The Contractor, promptly after being awarded the Contract, shall prepare and submit for the Owner's and Architect's information and the Construction Manager's approval a Contractor's Construction Schedule for the Work. Such 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 construction schedule to the extent required by the Contract Documents, and shall provide for expeditious and practicable execution of the Work. The Contractor shall promptly report any delays in the performance of the Work to the Construction Manager. § 3.10.2 The Contractor shall cooperate with the Construction Manager in scheduling and performing the Contractor's Work to avoid conflict, delay in or interference with the Work of other Contractors or the construction or operations of the Owner's own forces. § 3.10.3 The Contractor shall prepare and keep current, for the Construction Manager's approval, a schedule of submittals which is coordinated with the Contractor's Construction Schedule and allows the Construction Manager reasonable time to review submittals. § 3.10.4 The Contractor shall conform to the most recent approved schedules. § 3.10.5 If the Work is not on schedule and the Construction Manager does not believe the Contractor's proposed action to bring the Work on schedule is adequate, then the progress of the Work shall be deemed unsatisfactory. In such event, in addition to its rights under Article 14, the Owner, at its discretion, may require the Contractor to work such additional time over regular hours, including Saturdays, Sundays and holidays, without additional cost to the Owner to bring the Work on schedule. § 3.10.6 Unless otherwise agreed by Owner, Contractor shall use the latest edition of "Primavera Project Planner", "Microsoft Project" or accepted equivalent CPM scheduling software to prepare and update the Construction Schedule. The Construction Schedule shall be provided to a level of detail acceptable to Construction Manager, and shall: .1 Use time -scaled logic diagrams based on an precedence concepts; .2 Be capable of providing various analysis of the schedule, including, but not limited to, listing of activities by code, predecessor, successor, trade and float; .3 Indicate an adequate number of scheduling activities to properly describe the nature and sequence by which Contractor intends to carry out the Work; (i) For activities that have not yet started, indicate the planned start and planned completion dates; (ii) For activities that have been started but not yet completed, the update of the schedule shall indicate the actual start date, percent complete, and forecast completion date; (iii) For activities that are completed, indicate the actual start dates and actual completion dates; and (iv) For activities which are behind schedule or have not started in accordance with the approved Construction Schedule, provide a narrative as to the reasons for behind schedule, the status Inst is AIA® Document, or any port AIA Document A201/CMaTm —1992. Copyright ©1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA7 Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of thion of is 23 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No. 1000295111_1 which expires on 4/4/2008, and is not for resale. U (744410520) User Notes: 0 0 review partial submittals or incomplete submittals. The Contractor shall maintain a submittal log that includes, at a minimum, the date of each submittal, the date of any resubmittal, the date of any approval or rejection, and the reason for any approval or rejection. Any Shop Drawings, Product Data, Samples or similar submittals that do not bear the Contractor's approval stamp will be returned without review. § 3.12.6 The Contractor shall perform no portion of the Work requiring submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been approved by the Construction Manager and, if appropriate, Architect. Such Work shall be in strict accordance with approved submittals. § 3.12.7 By approving and submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents that the Contractor has determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and has checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. § 3.12.8 The Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Construction Manager's and Architect's approval of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed the Construction Manager and Architect in writing of such deviation at the time of submittal and the Construction Manager and Architect have given written approval to the specific deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples or similar submittals by the Construction Manager's and Architect's approval thereof. § 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittals, to revisions other than those requested by the Construction Manager and Architect on previous submittals. § 3.12.10 Informational submittals upon which the Construction Manager and Architect are not expected to take responsive action may be so identified in the Contract Documents. § 3.12.11 When professional certification of performance criteria of materials, systems or equipment is required by the Contract Documents, the Construction Manager and Architect shall be entitled to rely upon the accuracy and completeness of such calculations and certifications. § 3.12.12 The Contractor shall provide a complete schedule of required Shop Drawings, Product Data, Samples or similar submittals to the Construction Manager within ten (10) days after execution of this Contract. Unless otherwise approved by Construction Manager, Shop Drawings, Product Data, Samples or similar submittals shall be submitted in sufficient time to allow not less than twenty-eight (28) days for the Construction Manager and Architect to review such submittals. § 3.13 USE OF SITE § 3.13.1 The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. § 3.13.2 The Contractor shall coordinate the Contractor's operations with, and secure the approval of, the Construction Manager before using any portion of the site. § 3.14 CUTTING AND PATCHING § 3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly. § 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner's own forces or of other Contractors by cutting, patching, excavating or otherwise altering such construction. The Contractor shall not cut or otherwise alter such construction by other Contractors or by the Owner's own forces except with written consent of the Construction Manager, Owner and such other Contractors; such consent shall not be unreasonably withheld. The Contractor shall not unreasonably withhold from the other Contractors or the Owner the Contractor's consent to cutting or otherwise altering the Work. Inst. AIA Document A201/WaTm —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. W ARNINu: i ms AIA- uocumenc is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 25 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No.1000295111 _1 which expires on 4/4/2008, and is not for resale. (744410520) User Notes: 0 0 § 3.19.2 The Contractor shall provide the information necessary for the Construction Manager to provide the Owner with three (3) complete copies in loose-leaf binders of all operating and maintenance data, all manuals, instructions and directions for all products, materials, machinery and equipment for the Project, and shall instruct the Owner regarding the operation of all systems, machinery and equipment. ARTICLE 4 ADMINISTRATION OF THE CONTRACT § 4.1 ARCHITECT § 4.1.1 The Architect is the person lawfully licensed to practice architecture or an entity lawfully practicing architecture identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Architect" means the Architect or the Architect's authorized representative. §4.1.2 Owner has retained LCA Architects, P.A., an Idaho professional corporation ("Architect") to provide professional architectural services for the Project. Architect's authorized representative is: Steve Simmons LCA ARCHITECTS, P.A. 1221 Shoreline Lane Boise, Idaho 83702 Telephone: 208-345-6677 Facsimile: 208-344-9002 Email: ssimmonsl @lcarch.com In the event Owner should find it necessary or convenient to replace Architect, Owner shall retain a replacement architect who shall assume the role of Architect. Unless otherwise directed by Owner in writing, Architect will perform those duties and discharge those responsibilities allocated to them in this Contract. § 4.2 CONSTRUCTION MANAGER § 4.2.1 The Construction Manager 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 term "Construction Manager" means the Construction Manager or the Construction Manager's authorized representative. § 4.2.2 Owner has retained Petra Incorporated, an Idaho corporation ("Construction Manager") to provide construction management services for the Project. Construction Manager's authorized representative is: PETRA INCORPORATED 1097 N. Rosario Street Meridian, Idaho 83646 Telephone: 208-323-4500 Facsimile: 208-323-4507 Mobile: 208-860-7507 Email: gbennett@petrainc.net §4.2.3 In the event Owner should find it necessary or convenient to replace Construction Manager, Owner shall retain a replacement construction manager who shall assume the role of Construction Manager. Unless otherwise directed by Owner in writing, Construction Manager will perform those duties and discharge those responsibilities allocated to them in this Contract. § 4.3 [Deleted.] § 4.4 [Deleted.] § 4.5 Disputes arising under Sections 4.3 and 4.4 shall be subject to mediation pursuant to Section 4.9 below. § 4.6 ADMINISTRATION OF THE CONTRACT § 4.6.1 The Construction Manager and Architect will provide administration of the Contract as described in the Contract Documents, and will be the Owner's representatives (1) during construction, (2) until final payment is due AIA Document A201/CNMTM' —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is Init. protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 27 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:45:07 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) 0 0 reject Work which does not conform to the Contract Documents. However, neither the Architect's nor the Construction Manager's authority to act under this Section 4.6. 10 nor a decision made by either of them in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect or the Construction Manager to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees, or other persons performing any of the Work. § 4.6.11 The Construction Manager will receive from the Contractor and review and approve all Shop Drawings, Product Data and Samples, coordinate them with information received from other Contractors, and transmit to the Architect those recommended for approval. The Construction Manager's actions will be taken with such reasonable promptness as to cause no delay in the Work of the Contractor or in the activities of other Contractors, the Owner, or the Architect. § 4.6.12 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 with such reasonable promptness as to cause no delay in the Work of the Contractor or in the activities of the other Contractors, the Owner, or the Construction Manager, 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. § 4.6.13 The Construction Manager will prepare Change Orders and Construction Change Directives. § 4.6.14 Following consultation with the Construction Manager, the Architect will take appropriate action on Change Orders or Construction Change Directives in accordance with Article 7 and will have authority to order minor changes in the Work as provided in Section 7.4. § 4.6.15 The Construction Manager will maintain at the site for the Owner one record copy of all Contracts, Drawings, Specifications, addenda, Change Orders and other Modifications, in good order and marked currently to record all changes and selections made during construction, and in addition approved Shop Drawings, Product Data, Samples and similar required submittals. These will be available to the Architect and the Contractor, and will be delivered to the Owner upon completion of the Project. § 4.6.16 The Construction Manager will assist the Architect in conducting inspections to determine the dates of Substantial Completion and final completion, and will receive and forward to the Architect written warranties and related documents required by the Contract and assembled by the Contractor. The Construction Manager will forward to the Architect a final Project Application and Project Certificate for Payment upon compliance with the requirements of the Contract Documents. § 4.6.17 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. § 4.6.18 The Construction Manager will interpret and decide matters concerning performance under and requirements of the Contract Documents on the written request of the Owner or Contractor. The Construction Manager's response to such requests will be made with reasonable promptness and within any time limits agreed upon. If no agreement is made concerning the time within which interpretations required of the Construction Manager shall be furnished in compliance with this Section 4.6, then delay shall not be recognized on account of failure by the Construction Manager to furnish such interpretations until 15 days after written request is made for them. AIA Document A201/CMaTM —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 29 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:45:07 on 04/27/2007 under Order No. 1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) 0 order to mitigate the alleged or potential damages, delay, or other adverse consequences that may arise from the facts underlying the Claim. § 4.7.4 Continuing Contract Performance. Pending final resolution of a Claim including mediation, unless otherwise agreed in writing the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. § 4.7.5 Waiver of Claims: Final Payment. The making of final payment shall not constitute a waiver of Claims by the (Paragraphs deleted) Owner. § 4.7.6 Claims for Concealed or Unknown Conditions. The Contractor acknowledges that it has had a reasonable opportunity to conduct a careful inspection of the Project site. If conditions are encountered at the site which are (1) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or reasonably ascertainable from a careful inspection of the Project site, or (2) unknown physical conditions of an unusual nature, which 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, then notice by the observing party shall be given to the other party promptly before conditions are disturbed and in no event later than 21 days after first observance of the conditions. The Construction Manager will promptly investigate such conditions and, if 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 Construction Manager determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Construction Manager shall so notify the Owner and Contractor in writing, stating the reasons. Claims by either party in opposition to such determination must be made within 21 days after the Construction Manager has given notice of the decision. If the Owner and Contractor cannot agree on an adjustment in the Contract Sum or Contract Time, the adjustment shall be referred to the Construction Manager for initial determination, subject to further proceedings pursuant to Section 4.8. § 4.7.7 Claims for Additional Cost. If the Contractor wishes to make Claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Section 10.3. If the Contractor believes additional cost is involved for reasons including but not limited to (1) a written interpretation from the Architect, (2) an order by the Owner to stop the Work where the Contractor was not at fault, (3) a written order for a minor change in the Work issued by the Architect, (4) failure of payment by the Owner, (5) termination of the Contract by the Owner, (6) Owner's suspension or (7) other reasonable grounds, Claim shall be filed in accordance with the procedure established herein. § 4.7.8 Claims for Additional Time. § 4.7.8.1 If the Contractor wishes to make 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. § 4.7.8.2 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 and could not have been reasonably anticipated, and that weather conditions had an adverse effect on the scheduled construction. § 4.7.9 Injury or Damage to Person or Property. If either party to the Contract suffers injury or damage to person or property because of an act or omission of the other party, of any of the other party's employees or agents, or of others for whose acts such party is legally liable, 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 first observance. The notice shall provide sufficient detail to enable the other party to investigate the matter. If a Claim for additional cost or time related to this Claim is to be asserted, it shall be filed as provided in Sections 4.7.7 or 4.7.8. Inst. AIA Document A201/CANaTM —19.92. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 31 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) • ARTICLE 5 SUBCONTRACTORS § 5.1 DEFINITIONS § 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. The term "Subcontractor" does not include other Contractors or subcontractors of other Contractors. § 5.1.2 A Sub -subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term "Sub -subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Sub -subcontractor or an authorized representative of the Sub - subcontractor. § 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK § 5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Construction Manager for review by the Owner, Construction Manager and Architect the names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal portion of the Work. The Construction Manager will promptly reply to the Contractor in writing stating whether or not the Owner, Construction Manager or Architect, after due investigation, has reasonable objection to any such proposed person or entity. Failure of the Construction Manager to reply promptly shall constitute notice of no reasonable objection. § 5.2.2 The Contractor shall not contract with a proposed person or entity to whom the Owner, Construction Manager or Architect has made reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. § 5.2.3 If the Owner, Construction Manager or Architect has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner, Construction Manager or Architect has no reasonable objection. The Contract Sum shall be increased or decreased by the difference in cost occasioned by such change and an appropriate Change Order shall be issued. However, no increase in the Contract Sum 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 change a Subcontractor, person or entity previously selected if the Owner, Construction Manager or Architect makes reasonable objection to such change. § 5.3 SUBCONTRACTUAL RELATIONS § 5.3.1 By appropriate written agreement, 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 which the Contractor, by these Documents, assumes toward the Owner, Construction Manager and Architect. Each subcontract agreement shall preserve and protect the rights of the Owner, Construction Manager and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub -subcontractors. The Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement which may be at variance with the Contract Documents. Subcontractors shall similarly make copies of applicable portions of such documents available to their respective proposed Sub -subcontractors. § 5.3.2 In furtherance of Section 5.3.1 above, any part of the Work performed for the Contractor by a Subcontractor or its Sub -subcontractor shall be pursuant to a written agreement between the Contractor and such Subcontractor (or the Subcontractor and its Sub -subcontractor at any tier), which shall be prepared on a form of subcontract satisfactory to the Owner. Each subcontract shall, where appropriate, contain provisions that: .1 Require each Subcontractor to ascribe to the objectives and agreements set forth in Section 1.6; .2 Require that the Work be performed according to the requirements of the Contract Documents; .3 Contain the waivers of subrogation consistent with the provisions of Section 11.3.7 below; Inst. AIA Document A201/CMaTM —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 33 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. (744410520) User Notes: § 6.1.3 Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations related to the Project with the Owner's own forces, the Owner shall be deemed to be subject to the same obligations and to have the same rights which apply to the Contractor under the Conditions of the Contract, including, without excluding others, those stated in this Article 6 and in Articles 3, 10, 11 and 12. § 6.1.4 The Contractor acknowledges that its Work is only a portion of the Project and that Owner has retained other prime contractors, under substantially similar Conditions of the Contract and under the administration of the Construction Manager and Architect, to perform the other portions of the Project. The Contractor further acknowledges that the Owner, Construction Manager, Architect and Owner's other prime contractors expect, and are relying upon, the Contractor to timely and properly perform its obligations under the Contract. The Contractor understands and agrees that such other prime contractor's shall be an express third -party beneficiary of this Section 6.1.4 and, therefore, the Contractor will be responsible to Owner's other prime contractors for any damages they may incur that result from the Contractor's failure to timely and properly perform its obligations under this Contract. Further, Contractor understands that is it the beneficiary of substantially equivalent provisions in the Owner's contracts with its other prime contractors. Accordingly, if Contractor is delayed or damaged by the acts or omissions of another prime contractor of Owner, the Contractor shall look exclusively to such other prime contractor for the recovery of any damages that the Contractor may incur therefrom. The Contractor expressly acknowledges and agrees that Owner's other prime contractors are independent of the Owner, and that Owner shall not be liable for any acts or omissions of such other prime contractors. § 6.2 MUTUAL RESPONSIBILITY § 6.2.1 The Contractor shall afford the Owner's own forces, Construction Manager and other contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities, and shall connect and coordinate the Contractor's construction and operations with theirs as required by the Contract Documents. § 6.2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner's own forces or other contractors, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Construction Manager and Architect apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acknowledgment that the Owner's own forces or other Contractors' completed or partially completed construction is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable. § 6.2.3 Costs caused by delays or by improperly timed activities or defective construction shall be borne by the party responsible therefor. § 6.2.4 The Contractor shall promptly remedy damage wrongfully caused by the Contractor to completed construction or partially completed construction or to property of the Owner or other Contractors as provided in Section 10.2.5. § 6.2.5 Claims and other disputes and matters in question between the Contractor and other contractors shall be subject to the provisions of Sections 4.7 and 6.1.4 above, provided the other contractors have reciprocal obligations. § 6.2.6 The Owner and other Contractors shall have the same responsibilities for cutting and patching as are described for the Contractor in Section 3.14. § 6.3 OWNER'S RIGHT TO CLEAN UP § 6.3.1 If a dispute arises among the Contractor, other 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 as described in Section 3.15, the Owner may clean up and allocate the cost among those responsible as the Construction Manager, in consultation with the Architect, determines to be just. AIA Document A201/CMaTu —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is Init. protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 35 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) forth in the Change Order, the Owner shall not be obligated to make any adjustments to either the Contract Sum or Contract Time by reason of any conditions affecting the change in work addressed by the Change Order that could have reasonably been discovered or disclosed by the Contractor's examination. § 7.3 CONSTRUCTION CHANGE DIRECTIVES § 7.3.1 A Construction Change Directive is a written order prepared by the Construction Manager and signed by the Owner, Construction Manager and Architect, directing a change in the Work and stating a proposed basis for adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Sum and Contract Time being adjusted accordingly. § 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. § 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be based on one of the following methods: .1 mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; .2 unit prices stated in the Contract Documents or subsequently agreed upon; .3 cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or .4 as provided in Section 7.3.6. § 7.3.4 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Construction Manager and Architect in writing within forty-eight (48) hours 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. § 7.3.5 A Construction Change Directive signed by the Contractor indicates the agreement of the Contractor therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be incorporated into a future a Change Order. § 7.3.6 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the method and the adjustment shall be determined by the Construction Manager 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 allowance for overhead and profit in accordance with Section 7.2.3 above. In such case of an increase in the Contract Sum, and also under Section 7.3.3.3, the Contractor shall keep and present, in such form as the Construction Manager may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Section 7.3.6 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 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. § 7.3.7 Pending final determination of cost 'to the Owner, amounts not in dispute may be included in Applications for Payment. The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Construction Manager. 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. Inst AIA Document A201/CMaTM —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, 3% may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No. 1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) days or longer, or five (5) days or longer in any calendar month, shall be applied against the float or warrant an extension of time. § 8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Section 4.7. § 8.3.3 Except as expressly set forth in Section 8.3.4, the Contractor agrees to make no claim for damages for delay in the performance of this contract occasioned by any actor omission to act of Owner, its Architect, its Construction Manager, its agents or employees or any other contractor, and agrees that any such claim shall be fully compensated for by an extension of time to complete performance of the Work. § 8.3.4 Notwithstanding anything to the contrary set forth in Section 4.7.7 above or elsewhere in this Contract, the Contractor shall not be entitled to recover damages for delays, except for delays caused by Owner or for anyone whose acts the Owner may be liable. As a condition precedent to recovering additional compensation for any delays attributable to the Owner or anyone for whose acts the Owner may be liable or for delays identified in Section 8.3.1 above in excess of the float days set forth therein, the Contractor shall provide the Owner with written notice identifying the nature of the delay(s) and the Owner's responsibility therefor, and provide the Owner with a reasonable period to cure such cause(s). If the Owner fails to cure the cause of the delay(s), the Contractor may be entitled to make a claim for additional compensation for costs of the Work incurred as a direct result of such delay(s) if such delays were the result of a Construction Change Directive. The Contractor acknowledges and agrees that its sole remedy for such delays is additional compensation pursuant to this Section 8.3.4. The Contractor shall not be entitled to recover damages, lost profits or lost business opportunities from the Owner. ARTICLE 9 PAYMENTS AND COMPLETION § 9.1 CONTRACT SUM § 9.1.1 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 § 9.2.1 Within ten (10) days of commencement of this Contract, the Contractor shall submit to the Construction Manager, a schedule of values allocated to various portions of the Work, prepared in such form and supported by such data to substantiate its accuracy as the Construction Manager and Architect may require. The Contractor shall not imbalance its Schedule of Values nor artificially inflate any element thereof. This schedule, unless objected to by the Construction Manager or Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. § 9.3 APPLICATIONS FOR PAYMENT § 9.3.1 On or before the date set forth in Section 5.3 of the Agreement for each progress payment, the Contractor shall submit to the Construction Manager an itemized Application for Payment for Work completed in accordance with the schedule of values. Such application shall be on AIA Form G702, be notarized, if required, and supported by such data substantiating the Contractor's right to payment as the Owner, Construction Manager or Architect may require, such as copies of requisitions from Subcontractors and material suppliers, and reflecting retainage if provided for elsewhere in the Contract Documents. The Contractor shall submit four (4) originals of each Application for Payment. § 9.3.1.1 Such applications may include requests for payment on account of changes in the Work that have been properly authorized by Construction Change Directives but not yet included in Change Orders. § 9.3.1.2 Such applications may not include requests for payment of amounts the Contractor does not intend to pay to a Subcontractor or material supplier because of a dispute or other reason. § 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 applicable insurance, storage and transportation to the site for such materials and equipment stored off the site. Off site storage locations shall not Inst AIA Document A201/CMalm —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 39 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) § 9.5 DECISIONS TO WITHHOLD CERTIFICATION § 9.5.1 The Construction Manager or Architect may decide not to certify payment and may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Construction Manager's or Architect's opinion the representations to the Owner required by Section 9.4.3 cannot be made. If the Construction Manager or Architect is unable to certify payment in the amount of the Application, the Construction Manager or Architect will notify the Contractor and Owner as provided in Section 9.4.2. If the Contractor, Construction Manager and Architect cannot agree on a revised amount, the Construction Manager and Architect will promptly issue a Certificate for Payment for the amount for which the Construction Manager and Architect are able to make such representations to the Owner. The Construction Manager or Architect may also decide not to certify payment or, because of subsequently discovered evidence or subsequent observations, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Construction Manager's or Architect's opinion to protect the Owner from loss because of: .1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicating probable filing of such claims; .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 another 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 persistent 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. § 9.6 PROGRESS PAYMENTS § 9.6.1 After the Construction Manager and Architect have issued a Project Certificate for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents, and shall so notify the Construction Manager and Architect. Until conditions set forth in Section 9.10 are met, the Owner shall pay ninety- five percent (95%) of the amount due the Contractor on account of progress payments. If the Construction Manager and the Architect determine that the Contractor has made or is making satisfactory progress on any uncompleted portions of the work, the Owner may, at its discretion, release a portion of the retainage to the Contractor prior to the actual final completion of the conditions set forth in Section 9.10. § 9.6.2 The Contractor shall promptly pay each Subcontractor, upon receipt of payment from the Owner, out of the amount paid to the Contractor on account of such Subcontractor's portion of the Work, the amount to which said Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of such 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 similar manner. §9.6.2.1 The Contractor shall not withhold from a Subcontractor or supplier more than the percentage withheld from the Certificate of Payment for such Subcontractor's or supplier's portion of the Work. § 9.6.3 The Construction Manager will, on request, furnish to a Subcontractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Owner, Construction Manager and Architect on account of portions of the Work done by such Subcontractor. § 9.6.4 Neither the Owner, Construction Manager nor Architect shall have an obligation to pay or to see to the payment of money to a Subcontractor except as may otherwise be required by law. § 9.6.5 Payment to material 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. Init. AIA Document A201/CMalm —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 41 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) § 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Construction Manager, Contractor and Architect shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. § 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. § 9.10 FINAL COMPLETION AND FINAL PAYMENT § 9.10.1 Upon completion of the Work, the Contractor shall forward to the Construction Manager a written notice that the Work is ready for final inspection and acceptance and shall also forward to the Construction Manager a final Contractor's Application for Payment. Upon receipt, the Construction Manager will forward the notice and Application to the Architect who will promptly make such inspection. When the Architect, based on the recommendation of the Construction Manager, finds the Work acceptable under the Contract Documents and the Contract fully performed, the Construction Manager and Architect will promptly issue a final Certificate for Payment stating that to the best of their knowledge, information and belief, and on the basis of their observations 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 said final Certificate is due and payable. The Construction Manager's and 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 through the Construction Manager (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or other wise satisfied, (2) a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner, (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment and (5), if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner. If a Subcontractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including all costs and reasonable attorneys' fees. § 9.10.3 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion, and the Construction Manager and Architect so confirm, the Owner shall, upon application by the Contractor and certification by the Construction Manager and Architect, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Contract Documents, and if bonds have been furnished, the written consent of surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Architect through the Construction Manager prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. The making of final payment shall constitute a waiver of Claims by the Owner as provided in Section 4.4.5. § 9.10.4 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. Such waivers shall be in addition to the waiver described in Section 4.7.5. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY § 10.1 SAFETY PRECAUTIONS AND PROGRAMS § 10.1.1 The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Contract. Contractor hereby certifies that it has an established safety policy as required by the Occupational, Safety and Health Administration (OSHA), which requires regular safety meetings. The Contractor agrees to conduct weekly safety meetings regarding its Work under this agreement AIA Document A201/CMaTu-19922. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document Is Init. protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 43 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:45:07 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) 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; other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction; and construction or operations by the Owner or other Contractors. § 10.2.2 The Contractor shall give notices and comply with applicable laws, ordinances, rules, 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 for 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, and the Construction Manager reasonable prior written notice. § 10.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Documents) to property referred to in Sections 10.2.1.2, 10.2.1.3 and 10.2.1.4 caused in whole or in part by the Contractor, a Subcontractor, a Sub -subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Sections 10.2.1.2, 10.2.1.3 and 10.2.1.4, except damage or loss attributable to acts or omissions of the Owner, Construction Manager or Architect or anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Section 3.18. § 10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner, Construction Manager and Architect. § 10.2.7 The Contractor shall not load or permit any part of the construction or site to be loaded so as to endanger its safety. § 10.3 EMERGENCIES § 10.3.1 In an emergency affecting safety or 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 Section 4.7 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 set forth below. Such coverage shall include liability that may arise out of or result from the Contractor's 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. All insurance carriers must maintain an A.M. Best rating of "A-" or better. (Paragraphs deleted) Commercial General Liability. The Contractor shall procure and maintain until the Project has been completed and accepted by the Owner Commercial General Liability coverages with the following per project annual aggregate limits, using ISO Form CG 25030397 (or a substitute form providing equivalent coverage): General Aggregate Limit Not less than $5,000,000; (other than Product -Completed Operations) INt AIA Document A201/CMaTM —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 45 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:45:07 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) .2 30 -Day Notice Clause — Unacceptable Language. Should any of the above-described polices be canceled, materially changed or non -renewed before the expiration date thereof, the issuing company will endeavor to mail 30 days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability on any kind upon the company. § 11.1.4 Required Clauses. Breach of Warranty Clause. As to the interest of any additional insured, the insurance afforded by the policy shall be invalidated by any breach or violation by the named insured of any warranties, declarations or conditions. Notwithstanding the foregoing, the additional insureds shall be subject to all terms and conditions in the policy and nothing contained herein shall prevent exhaustion of the limits of liability by payment on behalf of any insured. .2 Separation of Insured (Cross Liability) Clause. Except with respect to the permissible limits of insurance, and any rights or duties specifically assigned in this coverage part to the first named insured, this insurance applies (i) as if each named insured were the only named insured, and (ii) separately to each insured against whom claim is made or lawsuit is brought. § 11.1.5 The Contractor shall require all Subcontractors and Sub -subcontractors of any tier to provide (i) Commercial General Liability Insurance (with not less than $1,000,000 coverage for personal injury and property damage); (ii) Worker's Compensation/Employer's Liability Insurance (not less than $500,000 coverage), and (iii) Business Automobile Liability Insurance (not less than $1,000,000 coverage) substantially as set forth in Section 11.1. The Contractor shall provide certificates of insurance evidencing such coverages prior to allowing such Subcontractors and Sub -subcontractors to commence of Work. § 11.2 OWNER'S LIABILITY INSURANCE § 11.2.1 The Owner shall be responsible for purchasing and maintaining the Owner's usual liability insurance. Optionally, the Owner may purchase and maintain other insurance for self-protection against claims which may arise from operations under the Contract. The Contractor shall not be responsible for purchasing and maintaining this optional Owner's liability insurance unless specifically required by the Contract Documents. § 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 in the amount of the initial Contract Sum as well as subsequent modifications thereto for the entire Work at the site on a replacement cost basis without voluntary 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 earlier. The Owner's insurance program is intended to cover the interests of the Owner and does not cover the interests of the Contractor, Subcontractors and Sub -subcontractors in the Work or material suppliers or others associated with the Project. § 11.3.1.1 Property insurance shall be on an "all-risk" policy form and shall insure against the perils of fire and extended coverage and physical loss or damage including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, falsework, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements. Coverage for other perils shall not be required unless otherwise provided in the Contract Documents. § 11.3.1.2 The Contractor shall maintain insurance as deemed necessary by the Contractor to protect its interests and the interests of its Subcontractors and their Sub -subcontractors in the Work, including property, materials, equipment, and tools. Materials incorporated into the Work and materials suitably stored at the Project site will be considered covered by the Owner's insurance program at 12:00 noon on the date Owner issues payment therefore. § 11.3.1.3 If the property insurance requires minimum deductibles and such deductibles are identified in the Contract Documents, the Contractor shall pay costs not covered because of such deductibles. If the Owner or insurer increases the required minimum deductibles above the amounts so identified or if the Owner elects to purchase this AIA Document A201/CMaT° —1992. Copyright m 1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is Init. protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 4% may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) § 11.3.9 The Owner shall deposit in a separate account proceeds so received, which the Owner shall distribute in accordance with such agreement as the parties in interest may reach, or in accordance with an settlement or judgment for a court of competent jurisdiction. If after such loss no other special agreement is made, replacement of damaged property shall be covered by appropriate Change Order. § 11.3.10 The Owner shall have power to adjust and settle a loss with insurers. § 11.3.11 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. § 11.4 PERFORMANCE BOND AND PAYMENT BOND § 11.4.1 The Contractor to furnish bonds covering faithful performance of the Contract and payment of obligations arising thereunder as stipulated in the "Supplementary Instructions to Bidders" and 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 permit a copy to be made. ARTICLE 12 UNCOVERING OF WORK, QUALITY CONTROL, AND CORRECTION OF WORK (Paragraph deleted) § 12.1 UNCOVERING OF WORK § 12.1.1 If a portion of the Work is covered contrary to the Construction Manager's or Architect's request or to requirements specifically expressed in the Contract Documents, it must, if required in writing by either, be uncovered for their observation and be replaced at the Contractor's expense without change in the Contract Time. § 12.1.2 If a portion of the Work has been covered which the Construction Manager or Architect has not specifically requested to observe prior to its being covered, the Construction Manager or Architect may request to see such Work and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate Change Order, be charged to the Owner. If such Work is not in accordance with the Contract Documents, the Contractor shall pay such costs unless the condition was caused by the Owner or one of the other Contractors in which event the Owner shall be responsible for payment of such costs. § 12.1.2 QUALITY CONTROL PROGRAM Continuous control of the quality of the Work is the essence of this Contract. The Contractor shall establish a quality control program satisfactory to the Construction Manager to assure the proper execution of the Work in accordance with this Contract. The Contractor shall at all times comply with the approved quality control program. § 12.2 CORRECTION OF WORK § 12.2.1 The Contractor shall promptly correct Work rejected by the Construction Manager or Architect or failing to conform to the requirements of the Contract Documents, whether observed before or after Substantial Completion and whether or not fabricated, installed or completed. The Construction Manager is authorized to call for extra inspection or testing of the work for compliance with requirements of the Contract Documents. The Contractor shall bear costs of correcting such rejected Work, including additional testing and inspections and compensation for the Construction Manager's and Architect's services and expenses made necessary thereby. § 12.2.2 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. This period of one year 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 performance of the Work. This Init.AIA Document A201/CMaTM —1992. Copyright ®1992 by The American Institute of Architects. Aft 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, 49 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) § 13.2.2 Contractor shall not assign all or part of the monies due or to become due hereunder without written consent of the Owner and the Contractor's surety. The Contractor's request for the Owner's consent shall include a copy of the proposed assignment and the surety's consent. Any instrument of assignment shall expressly subordinate all rights of the assignees thereunder to (i) all rights of the Owner under this Contract, (ii) payment of all subcontractors and laborers for Work performed, (iii) payment of all materials and equipment furnished, consumed, used or rented in performance of the Work, and (iv) payments of any amounts due to any governmental authority with jurisdiction over the Project or Contractor for Work performed, including, but not limited to, sales, use, income or employment taxes. § 13.3 WRITTEN NOTICE § 13.3.1 Written notice shall be deemed to have been duly served if delivered in person to the individual or 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 to the last business address known to the party giving notice. § 13.4 RIGHTS AND REMEDIES § 13.4.1 Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law. § 13.4.2 No action or failure to act by the Owner, Construction Manager, Architect or Contractor shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed in writing. § 13.5 TESTS AND INSPECTIONS § 13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made at an appropriate time. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give the Construction Manager and Architect timely notice of when and where tests and inspections are to be made so the Construction Manager and Architect may observe such procedures. The Owner shall bear costs of tests, inspections or approvals which do not become requirements until after bids are received or negotiations concluded. § 13.5.2 If the Construction Manager, Architect, Owner or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection or approval not included under Section 13.5.1, the Construction Manager and Architect will, upon written authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Contractor shall give timely notice to the Construction Manager and Architect of when and where tests and inspections are to be made so the Construction Manager and Architect may observe such procedures. The Owner shall bear such costs except as provided in Section 13.5.3. § 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, the Contractor shall bear all costs made necessary by such failure including those of repeated procedures and compensation for the Construction Manager's and Architect's services and expenses. § 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Construction Manager for transmittal to the Architect. § 13.5.5 If the Construction Manager or Architect is to observe tests, inspections or approvals required by the Contract Documents, the Construction Manager or Architect will do so promptly and, where practicable, at the normal place of testing. § 13.5.6 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. lnit AIA Document A201/CMsTm —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 51 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No.10002951111 which expires on 4/4/2008, and Is not for resale. User Notes: (744410520) § 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 14.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished. § 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Construction Manager's and Architect's services and expenses made necessary thereby, such excess shall be paid to the Contractor. If such costs exceed the unpaid balance, the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or Owner, as the case may be, shall, upon application, be certified by the Architect after consultation with the Construction Manager, and this obligation for payment shall survive termination of the Contract. § 14.3 SUSPENSION BY THE OWNER FOR CONVENIENCE § 14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. § 14.3.2 An adjustment shall be made for increases in the cost of performance of the Contract, including profit on the increased cost of performance, caused by suspension, delay or interruption. No adjustment shall be made to the extent: .1 that performance is, was or would have been so suspended, delayed or interrupted by another cause for which the Contractor is responsible; or .2 that an equitable adjustment is made or denied under another provision of this Contract. § 14.3.3 Adjustments made in the cost of performance may have a mutually agreed fixed or percentage fee. §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 the case of such termination for the Owner's convenience, the Contractor shall be entitled to receive payment from the Owner (i) for Work properly executed, (ii) reasonable, proven costs incurred by reason of such termination, such as the costs incurred by the Contractor pursuant to Section 14.4.2, and (iii) reasonable overhead and profit on the Work properly completed. Init. AIA Document A201/CMaT"' —1992. Copyright ®1992 by The American Institute of Architects. All rights reamed. 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, 53may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) 0 0 § 13.6 INTEREST § 13.6.1 Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the rate of eight percent (8%) per annum until the date payment is issued by Owner. § 13.7 COMMENCEMENT OF STATUTORY LIMITATION PERIOD § 13.7.1 As between the Owner and Contractor, any applicable statute of limitations shall commence to run and any legal cause of action shall be deemed to have accrued in any and all events (Paragraphs deleted) in accordance with Idaho Law. ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT § 14.1 TERMINATION BY THE CONTRACTOR § 14.1.1 The Contract may terminate the Contract if the Work is stopped for a period of 60 days through no act or fault of the Contractor or a Subcontractor, Sub -subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor, for any of the following reasons: .1 issuance of an order of a court or other public authority having jurisdiction; .2 an act of government, such as a declaration of national emergency, making material unavailable; .3 because the Construction Manager or Architect has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Section 9.4.2, or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents; or .4 if repeated suspensions, delays or interruptions 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 180 days in any 365 -day period, whichever is less. § 14.1.2 If one of the above reasons exists, the Contractor may, upon fourteen additional days' written notice to the Owner, Construction Manager and Architect, terminate the Contract and recover from the Owner payment (i) for Work properly executed, (ii) for proven loss with respect to materials, equipment, tools, and construction equipment and machinery, and (iii) reasonable overhead and profit on the Work properly completed. § 14.1.3 If the Work is stopped for a period of 60 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 persistently failed to fulfill the Owner's obligations under the Contract Documents with respect to matters important to the progress of the Work, the Contractor may, upon seven additional days' written notice to the Owner, Construction Manager and Architect, terminate the Contract and recover from the Owner as provided in Section 14.1.2. § 14.2 TERMINATION BY THE OWNER FOR CAUSE § 14.2.1 The Owner may terminate the Contract if the Contractor: .1 persistently or 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 persistently disregards laws, ordinances, or rules, regulations or orders of a public authority having jurisdiction; 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, after consultation with the Construction Manager, and upon certification by the Architect 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 take possession of the site and 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. Inst AIA Document A201/CMaTM —1992. Copyright ©1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 52may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45.07 on 04/27/2007 under Order No. 1000295111 —1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) obligation under this Section 12.2.2 shall survive acceptance of the Work under the Contract and termination of the Contract. The Owner shall give such notice promptly after discovery of the condition. § 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 convected by the Contractor nor accepted by the Owner. § 12.2.4 If the Contractor fails to correct nonconforming Work within a reasonable time, the Owner may correct it in accordance with Section 2.4. If the Contractor does not proceed with correction of such nonconforming Work within a reasonable time fixed by written notice from the Architect issued through the Construction Manager, the Owner may remove it and store the salvable materials or equipment at the Contractor's expense. If the Contractor does not pay costs of such removal and storage within ten days after written notice, the Owner may upon ten additional days' written notice sell such materials and equipment at auction or at private sale and shall account for the proceeds thereof, after deducting costs and damages that should have been borne by the Contractor, including compensation for the Construction Manager's and Architect's services and expenses made necessary thereby. If such proceeds of sale do not cover costs that the Contractor should have borne, the Contract Sum shall be reduced by the deficiency. If payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the Owner. § 12.2.5 The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of the Owner or other Contractors caused by the Contractor's correction or removal of Work which is not in accordance with the requirements of the Contract Documents. § 12.2.6 Nothing contained in this Section 12.2 shall be construed to establish a period of limitation with respect to other obligations that the Contractor might have under the Contract Documents. Establishment of the time period of one year 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 convect the Work. § 12.3 ACCEPTANCE OF NONCONFORMING WORK § 12.3.1 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 § 13.1.1 The Contract shall be governed by the law of the place where the Project is located. § 13.1.2 The Contractor and the Work shall strictly comply with all applicable federal, state, local and municipal laws, rules, regulations, statutes, ordinances and orders of any public authority having jurisdiction over the Project (hereinafter referred to as "Laws"), including, but not limited to: .1 any labor, wage, equal opportunity employment, environmental and safety Laws; .2 any applicable provisions of the Public Works Contractor's State License Law, Title 54, Chapter 19, Idaho Code, as it may be amended from time to time; and .3 any applicable provisions of Sections 44-1001 and 44-1002, Idaho Code, regarding the employment of residents of Idaho. § 13.2 SUCCESSORS AND ASSIGNS § 13.2.1 The Owner and Contractor respectively bind themselves, their partners, successors, assigns and legal representatives to the other party hereto and to partners, successors, assigns and legal representatives of such other party in respect to covenants, agreements and obligations contained in the Contract Documents. 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. AIA Document A201/CNIaTM —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is Init. protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 50 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No. 1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) insurance with voluntary deductible amounts, the Owner shall be responsible for payment of the additional costs not covered because of such increased or voluntary deductibles. § 11.3.1.4 The Contractor shall provide insurance coverage for portions of the Work stored off-site, for portions of the Work in transit, and all portions of the Work stored at the Project site, and all material and equipment incorporated into the Work until covered by the Owner's insurance program as described in Section 11.3.1.2 above. § 11.3.1.5 The insurance required by this Section 11.3 is not intended to cover machinery, tools or equipment owned or rented by the Contractor that are utilized in the performance of the Work but not incorporated into the permanent improvements. The Contractor shall, at the Contractor's own expense, provide insurance coverage for owned or rented machinery, tools or equipment which shall be subject to the provisions of Section 11.3.7. § 11.3.2 Boiler and Machinery Insurance. The Owner shall purchase and maintain boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the Owner; this insurance shall include interests of the Owner, Construction Manager, Contractor, Subcontractors and Sub -subcontractors in the Work, and the Owner and Contractor shall be named insureds. § 11.3.3 Loss of Use Insurance. The Owner, at the Owner's option, may purchase and maintain such insurance as will insure the Owner against loss of use of the Owner's property due to fire or other hazards, however caused. § 11.3.4 If the Contractor requests in writing that insurance for risks other than those described herein or for other special hazards be included in the property insurance policy, the Owner shall, if possible, include such insurance, and the cost thereof shall be charged to the Contractor by appropriate Change Order. § 11.3.5 If during the Project construction period the Owner insures properties, real or personal or both, adjoining or adjacent to the site by property insurance under policies separate from those insuring the Project, or if after final payment property insurance is to be provided on the completed Project through a policy or policies other than those insuring the Project during the construction period, the Owner shall waive all rights in accordance with the terms of Section 11.3.7 for damages caused by fire or other perils 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 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 each other and against the Construction Manager, Architect, Owner's other Contractors and own forces described in Article 6, if any, and the subcontractors, sub -subcontractors, consultants, agents and employees of any of them, for damages caused by fire or other perils to the extent covered by property insurance obtained pursuant to this Section 11.3 or other property insurance applicable to the Work, except such rights as the Owner and Contractor may have to the proceeds of such insurance held by the Owner. The Owner or Contractor, as appropriate, shall require of the Construction Manager, Construction Manager's consultants, Architect, Architect's consultants, Owner's separate contractors described in Article 6, if any, and the subcontractors, sub -subcontractors, agents and employees of any of them, by appropriate agreements, written where legally required for validity, similar waivers each in favor of other parties enumerated herein. The policies shall provide such waivers of subrogation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged. § 11.3.8 A loss insured under Owner's property insurance shall be adjusted by the Owner and made payable to the Owner. 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. Inst. AIA Document A201/CMaTM —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 48 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No.10002951111 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) Product -Completed Operations Aggregate Limit Personal and Advertising Injury Limit Each Occurrence Limit Fire Damage Limit (any one fire) Medical Expense Limit (any one person) • Not less than $5,000,000; Not less than $5,000,000; Not less than $5,000,000; Not less than $ 100,000; and Not less than $ 10,000. Such policy or policies must include broad form property damage coverage including, but not limited to, damage arising from blasting, explosion, collapse of structures or other property or damage to - underground utilities and property with any X.C.U. exclusion removed. The policy or policies must include contractor's protective liability insurance, product and completed operations coverage and contractual liability insurance that includes coverage for the Contractor's obligations under Section 3.18. The General Liability policy shall be endorsed to include personal injury, libel, slander, wrongful eviction, and false arrest. All policies shall be written on an occurrence basis rather than claims made. At the Contractor's option, such coverage may be provided by separate policies for Contractor and for Owner and other named insured, or by naming the Owner and the other named insureds as additional named insureds on the Contractor's policy. If coverage is obtained by naming Owner and others as additional named insureds, the policy must contain a separation of insureds (cross liability) clause and a breach of warranty clause as set forth in Section 11. 1.4 below and the certificate must so indicate. .2 Worker's Compensation. The Contractor shall procure and maintain until the Project has been completed and accepted by the Owner statutory Worker's Compensation coverage and showing Employer's Liability coverage with minimum coverage of One Million Dollars ($1,000,000). In addition, Contractor must provide evidence that its Subcontractors and their subcontractors carry similar coverage. The Owner and other named insureds requested by the Owner need not be named as an additional insured on the Employer's Liability coverage or the Worker's Compensation coverage unless specifically requested. Subject to the Owner's approval, the Contractor may include Employer's Liability coverage in the Umbrella or Excess Liability Coverage of its General Liability and Automobile Liability policies. .3 Automobile. The Contractor shall procure and maintain until the Project has been completed and accepted by the Owner, Comprehensive Automobile Liability Insurance for all owned, non -owned and hired vehicles with single combined limit of not less than Two Million Dollars ($2,000,000) per occurrence. Such coverage must name the Owner and other named insureds as may be requested by the Owner as additional insureds. § 11.1.2 The insurance required by Section 11.1.1 shall be written for not less than limits of liability specified therein, in the Contract Documents or required by law, whichever coverage is greater. Coverages shall be maintained without interruption from date of commencement of the Work until date of final payment and termination of any coverage required to be maintained after final payment. Additional insurance coverage shall apply as primary insurance with respect to any other insurance afforded to Owner and the other named insureds. § 11.1.3 Certificates of insurance acceptable to the Owner shall be submitted to the Construction Manager for transmittal to the Owner with a copy to the Architect prior to commencement of the Work. 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. If any of the foregoing insurance coverages are required to remain in force after final payment and are reasonably available, an additional certificate evidencing continuation of such coverage shall be submitted with the final Application for Payment as required by Section 9.10.2. Information concerning reduction of coverage shall be furnished by the Contractor with reasonable promptness in accordance with the Contractor's information and belief. .1 30 -Day Notice Clause — Acceptable Language. As a condition precedent to any modification, cancellation or nonrenewal of the policy or policies by the insuring company during the periods of coverage as stated herein, thirty (30) days prior written notice of such cancellation, material change or non -renewal will be mailed to the party to whom this certificate is issued. Inst. AIA Document A201/CMaTM —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of It, 46 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) and shall promptly prepare minutes of such meetings and provide copies of such minutes to Contractor as the Work progresses. The Contractor agrees to comply with all requirements of OSHA relating to the Work and shall maintain and provide all applicable material safety data sheets in accordance with OSHA requirements. The safety program shall be designed according to criteria provided by the Construction Manager. The safety policy shall also require a drug and alcohol free workplace enforced through pre-employment testing, random testing, periodic testing, for cause testing and immediate mandatory testing for any employees involved in any accidents or incidents. The Contractor shall submit the Contractor's safety program to the Construction Manager for review and coordination with the safety programs of other Contractors. The Contractor shall at all times comply with the approved safety program. §10.1.2 In the event the Contractor encounters on the site material reasonably believed to be asbestos or polychlorinated biphenyl (PCB) which has not been rendered harmless, the Contractor shall immediately stop Work in the area affected and report the condition to the Owner, Construction Manager and Architect in writing. The Work in the affected area shall not thereafter be resumed except by written agreement of the Owner and Contractor if in fact the material is asbestos or polychlorinated biphenyl (PCB) and has not been rendered harmless. The Work in the affected area shall be resumed in the absence of asbestos or polychlorinated biphenyl (PCB), or when it has been rendered harmless, by written agreement of the Owner and Contractor, or in accordance with final determination by the Architect. § 10.1.3 The Contractor shall not be required pursuant to Article 7 to perform without consent any Work relating to asbestos or polychlorinated biphenyl (PCB). § 10.1.4 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Construction Manager, Architect, their consultants, and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work in the affected area if in fact the material is asbestos or polychlorinated biphenyl (PCB) 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) including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Owner, anyone directly or indirectly employed by the Owner or anyone for whose acts the Owner may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Section 10.1.4. § 10.1.5 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the Owner, Construction Manager and Architect in writing. The Owner, Contractor, Construction Manager and Architect shall then proceed in the same manner described in Section 10.1.2. § 10.1.6 The Owner shall be responsible for obtaining the services of a licensed laboratory to verify a presence or absence of the material or substance reported by the Contractor and, in the event such material or substance is found to be present, to verify that it has been rendered harmless. Unless otherwise required by the Contract Documents, the Owner shall furnish in writing to the Contractor, Construction Manager and Architect the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of such material or substance or who are to perform the task of removal or safe containment of such material or substance. The Contractor, the Construction Manager and the Architect will promptly reply to the Owner in writing stating whether or not any of them has reasonable objection to the persons or entities proposed by the Owner. If the Contractor, Construction Manager or Architect has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Contractor, the Construction Manager and the Architect have no reasonable objection. § 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; (nit. AIA Document A201411119W —1992. Copyright m 1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 44 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) § 9.7 FAILURE OF PAYMENT § 9.7.1 If, through no fault of the Contractor, 1) the Construction Manager and Architect do not issue a Project Certificate for Payment within fourteen days after the Construction Manager's receipt of the Contractor's Application for Payment or 2) the Owner does not pay the Contractor within seven days after the date established in the Contract Documents the amount certified by the Construction Manager and Architect, then the Contractor may, upon seven additional days' written notice to the Owner, Construction Manager and Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shut -down, delay and start- up, which shall be accomplished as provided in Article 7. § 9.8 SUBSTANTIAL COMPLETION § 9.8.1 Substantial Completion is the stage in the progress of the Work as certified in writing by the Construction Manager and Architect, when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work for its intended use. § 9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor and Construction Manager shall jointly prepare and submit to the Architect a comprehensive list of items to be completed or corrected. The Contractor shall proceed promptly to complete and correct items on the list. 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. Upon receipt of the list, the Architect, assisted by the Construction Manager, will make an inspection to determine whether the Work or designated portion thereof is substantially complete. If the Architect's inspection discloses any item, whether or not included on the list, which is not in accordance with the requirements of the Contract Documents, the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by the Architect. The Contractor shall then submit a request for another inspection by the Architect, assisted by the Construction Manager, to determine Substantial Completion. When the Work or designated portion thereof is substantially complete, the Architect will prepare a Certificate of Substantial Completion which shall establish the date of Substantial Completion, shall establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in such Certificate. § 9.8.3 Upon Substantial Completion of the Work or designated portion thereof and upon application by the Contractor and certification by the Construction Manager and Architect, the Owner shall make payment, reflecting adjustment in retainage, if any, for such Work or portion thereof as provided in the Contract Documents. The payment shall be sufficient to increase the total payment to ninety-five percent (95%) of the Contract sum, less such amounts as the Construction Manager determines to be necessary to withhold for incomplete Work and unsettled claims. The amount withheld for incomplete Work and unsettled claims shall be one hundred fifty percent (150%) of the cost to the Owner to complete such Work or settle such claims. § 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 11.3.11 and authorized by public authorities having jurisdiction over the Work. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, the Contractor and Construction Manager shall jointly prepare and submit a list to the Architect as provided under Section 9.8.2. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Contractor or, if no agreement is reached, by decision of the Architect after consultation with the Construction Manager. AIA Document A201/CMaTM —1992. Copyright ©1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is Init. protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 42 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) be outside the State of Idaho. Any materials stored off-site and paid for by the Owner shall be physically marked as being the Owner's property. § 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. § 9.3.4 Upon Construction Manager's request, the Contractor shall submit its Applications for Payment (other than the initial application) with properly executed and acknowledged lien releases for all prior payments by (i) the Contractor, (ii) all major Subcontractors and material suppliers, and (iii) any potential lienors who has filed, or has threatened to file, any lien or encumbrance against the Project. All lien releases for the Project shall be on a form acceptable to the Owner, consistent in wording and shall: (i) waive any liens or right to lien with respect to Work covered by prior payments; (ii) certify the amount such person or entity has received under all prior payments; and (iii) that no contract related to the Project held by such person or entity has changed, or, if any contract has changed, indicating the nature and extent of any change. § 9.3.5 In the event the Contractor is in breach of its payment obligations to a Subcontractor pursuant to its contract with such Subcontractor, and after three (3) days written notice from the Owner, the Owner has the right to issue joint payee checks to the Contractor. In the event of a dispute between the Contractor and Subcontractor or material supplier as any amount due to such Subcontractor or material supplier, the Owner may issue a joint payee check to the Contractor and such Subcontractor or material supplier in the disputed amount and deduct the amounts so paid from the balance of the payment due the Contractor. § 9.4 CERTIFICATES FOR PAYMENT § 9.4.1 The Construction Manager will assemble a Project Application for Payment by combining the Contractor's applications with similar applications for progress payments from other Contractors and, after certifying the amounts due on such applications, forward them to the Architect within seven days. § 9.4.2 Within seven days after the Architect's receipt of the Project Application for Payment, the Construction Manager and Architect will either issue to the Owner a Project Certificate for Payment, with a copy to the Contractor, for such amount as the Construction Manager and Architect determine is properly due, or notify the Contractor and Owner in writing of the Construction Manager's and Architect's reasons for withholding certification in whole or in part as provided in Section 9.5.1. Such notification will be forwarded to the Contractor by the Construction Manager. § 9.4.3 The issuance of a separate Certificate for Payment or a Project Certificate for Payment will constitute representations made separately by the Construction Manager and Architect to the Owner, based on their individual observations at the site and the data comprising the Application for Payment submitted by the Contractor, that the Work has progressed to the point indicated and that, to the best of the Construction Manager's and Architect's knowledge, information and belief, 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 minor deviations from the Contract Documents correctable prior to completion and to specific qualifications expressed by the Construction Manager or Architect. The issuance of a separate Certificate for Payment or a Project Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a separate Certificate for Payment or a Project Certificate for Payment will not be a representation that the Construction Manager or Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed the Contractor's construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment or (4) made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. AIA Document A201/CMaTM —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is Init. protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 40 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No. 1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) § 7.3.8 If the Owner and Contractor do not agree with the adjustment in Contract Time or the method for determining it, the adjustment or the method shall be referred to the Construction Manager for determination. § 7.3.9 When the Owner and Contractor agree with the determination made by the Construction Manager concerning the adjustments in the Contract Sum and Contract Time, or otherwise reach agreement upon the adjustments, such agreement shall be effective immediately issued through the Construction Manager and shall be recorded by preparation and execution of an appropriate Change Order. § 7.4 MINOR CHANGES IN THE WORK § 7.4.1 The Architect will have 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 shall be effected by written order issued through the Construction Manager and shall be binding on the Owner and Contractor. The Contractor shall carry out such written orders promptly. § 7.4.2 If the Contractor feels that any order for a minor change in the Work, a directive from the Construction Manager, or response to a request for information will require an adjustment to the Contract Sum or Contract Time the Contractor shall not execute such direction and immediately notify the Construction Manager and Architect in writing of the nature of the adjustment that will be required. 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. The date shall not be postponed by the failure to act of the Contractor or of persons or entities for whom the Contractor is responsible. § 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. The date of commencement of the Work shall not be changed by the effective date of such insurance. Unless the date of commencement is established by a notice to proceed given by the Owner, the Contractor shall notify the Owner in writing not less than five days or other agreed period before commencing the Work to permit the timely filing of mortgages, mechanic's liens and other security interests. § 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 on the critical path by an act or neglect of the Owner, Construction Manager 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 or litigation, or by other causes which the Owner determines may justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as the Owner may determine. The Owner and Contractor acknowledge and agree that the critical path construction schedule for the Project incorporates not less than thirty (30) days of "float" for owner caused delays and that an extension of time is warranted only if events identified above cause total delay on the critical path in excess of such float days. Further, only delays that cause the cessation of construction activities on the critical path for a period of three (3) consecutive AIA Document A201/CMaTM —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is Init. protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 38 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:45:07 on 04/27/2007 under Order No.10002951111 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) r 0 ARTICLE 7 CHANGES IN THE WORK § 7.1 CHANGES § 7.1.1 Changes in the Work may be accomplished after execution of the Contract, and without invalidating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. § 7.1.2 A Change Order shall be based upon agreement among the Owner, Construction Manager, Architect and Contractor; a Construction Change Directive requires agreement by the Owner, Construction Manager and Architect and may or may not be agreed to by the Contractor; an order for a minor change in the Work may be issued by the Architect alone. § 7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents, and Contractor shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive or order for a minor change in the Work. § 7.1.4 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally contemplated are so changed in a proposed Change Order or Construction Change Directive 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. § 7.2 CHANGE ORDERS § 7.2.1 A Change Order is a written instrument prepared by the Construction Manager and signed by the Owner, Construction Manager, Architect and Contractor, stating their agreement upon all of the following: .1 a change in the Work; .2 the amount of the adjustment in the Contract Sum, if any; and .3 the extent of the adjustment in the Contract Time, if any. § 7.2.2 Methods used in determining adjustments to the Contract Sum may include those listed in Section 7.3.3. § 7.2.3 The maximum amount for profit, overhead, bonds and insurance combined, which may be added to any Change Order, shall be as follows: .1 For the Contractor, for Work performed by the Contractor's own forces, fifteen percent (15%) of the cost of the Work performed by the Contractor's own forces (which is for 10% profit, 2% for overhead, 2% for bonds and 1% for insurance); .2 For the Contractor, for Work performed by a Subcontractor, five percent (5%) of the amount due the Subcontractor; .3 For each Subcontractor or Sub -subcontractor involved, for Work performed by that Subcontractor's own forces, ten percent (10%) of the cost of the Work performed by the Subcontractor or Sub - subcontractor; and .4 For each Subcontractor, for work performed by such Subcontractor's Sub -subcontractors, five percent (5%) of the cost of the Work performed by the Sub -subcontractors. The costs to which the above percentages shall be applied are set forth in Section 7.3.6. In order to facilitate checking of quotations for extras or credits, all proposals, except those so minor that their propriety can be seen by inspection, shall be accompanied by a complete itemization of costs including labor and materials for the Contractor, each Subcontractor and each Sub -subcontractor. Such itemization will be required for any Change Order over $500.00. § 7.2.4 Any Change Order shall constitute a final and full settlement of all matters relating to or affected by the change in the Work, including, but not limited to, all direct, indirect and consequential cost associated with such change and any and all adjustments to the Contract Sum and Contract Time. The Contractor shall include the Work covered by such Change Order as if such Work were originally part of the requirements of the Contract Documents. § 7.2.5 By the execution of a Change Order, the Contractor agrees and acknowledges that it has had sufficient time and opportunity to examine the change in Work which is the subject of the Change Order and that it has undertaken all reasonable efforts to discover and disclose any concealed or unknown conditions which may to any extent affect the Contractor's ability to perform in accordance with the Change Order. Aside from those matters specifically set AIA Document A201/CMaTm —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document is Init. protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 36 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No.1000295111_1 which expires on 414/2008, and is not for resale. User Notes: (744410520) 0 0 .4 Require the Subcontractor to carry and maintain insurance coverage according to the Contract Documents and to file certificates of the coverage with the Contractor; .5 Require submission to Contractor or Subcontractor, as the case may be, of applications for payment in a form approved by the Owner, together with clearly defined invoices and billings supporting all the applications under each subcontract to which the Contractor is a party; .6 Report, so far as practicable, unit prices and any other feasible formula for use in the determination of costs of changes in the Work; .7 Require each Subcontractor to furnish to the Contractor in a timely fashion all information necessary for the preparation and submission of reports; .8 Require that each Subcontractor continue to perform under its subcontract in the event the Contract is terminated and the Owner shall take an assignment of the subcontract and request Subcontractor to continue performance; and .9 Require each Subcontractor to remove all debris created by its activities. § 5.3.3 The Contractor shall not enter into any subcontract, contract, agreement, purchase order or other arrangement ("Arrangement") for the furnishing of any portion of the materials, services, equipment or Work with any party or entity if the party or entity is an Affiliated Entity (as defined in this Section), unless the Arrangement was approved by the Owner and Construction Manager, after full disclosure in writing by the Contractor to the Owner and Construction Manager of the affiliation or relationship and all details relating to the proposed Arrangement. The term "Affiliated Entity" means (a) any entity related to or affiliated with the Contractor or with respect to which the Contractor has direct or indirect ownership or control, including, without limitation, any entity owned in whole or part by the Contractor, (b) any holder of more than 10% of the issued and outstanding shares of, or the holder of any interest in, the Contractor; and (c) any entity in which any officer, director, employee, partner or shareholder (or member of the family of any of the foregoing persons) of the Contractor or any entity owned by the Contractor as a direct or indirect interest, which interest includes, but is not limited to, that of a partner, employee, agent or shareholder. § 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 which the Owner accepts by notifying the Subcontractor in writing; and .2 assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract. § 5.4.2 If the Work has been suspended for more than 60 days, the Subcontractor's compensation shall be equitably adjusted. § 5.4.3 All subcontract and material purchase agreements entered into by the Contractor shall be assignable to Owner pursuant to this Section 5.4 without any change in price or scope. The Contractor shall incorporate the foregoing requirement in all subcontract and material purchase agreements, either by specific wording or by reference to this Section 5.4. ARTICLE 6 CONSTRUCTION BY OWNER OR BY OTHER CONTRACTORS § 6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION WITH OWN FORCES AND TO AWARD OTHER CONTRACTS § 6.1.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces, which include persons or entities under separate contracts not administered by the Construction Manager. The Owner further reserves the right to award other contracts in connection with other portions of the Project or other construction or operations on the site. 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 elsewhere in the Contract Documents. § 6.1.2 When the Owner performs construction or operations with the Owner's own forces including persons or entities under separate contracts not administered by the Construction Manager, the Owner shall provide for coordination of such forces with the Work of the Contractor, who shall cooperate with them. Inst. AIA Document A201/CMaT" —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 34 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No.10002951 1 1_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) • 0 § 4.8 RESOLUTION OF CLAIMS AND DISPUTES § 4.8.1 The Construction Manager, with the assistance of the Architect, will review Claims and take one or more of the following preliminary actions within ten days of receipt of a Claim: (1) request additional supporting data from the claimant, (2) submit a schedule to the parties indicating when the Construction Manager expects to take action, (3) reject the Claim in whole or in part, stating reasons for rejection, (4) recommend approval of all or part of the Claim by the other party, (5) suggest a compromise, or (6) attempt to facilitate the resolution of the Claim through direct, informal discussions. The Construction Manager may also, but is not obligated to, notify the surety, if any, of the nature and amount of the Claim. § 4.8.2 If a Claim has been resolved, the Construction Manager will prepare or obtain appropriate documentation. § 4.8.3 If a Claim has not been resolved, the party making the Claim shall, within ten days after the Construction Manager's preliminary response, take one or more of the following actions: (1) submit additional supporting data requested by the Construction Manager, (2) modify the initial Claim or (3) notify the Construction Manager that the initial Claim stands. § 4.8.4 If a Claim has not been resolved after consideration of the foregoing and of further evidence presented by the parties or requested by the Construction Manager, the Construction Manager will notify the parties in writing that the Construction Manager's decision will be made within seven days. Upon expiration of such time period, the Construction Manager will render to the parties the Construction Manager's written decision relative to the Claim, including any change in the Contract Sum or Contract Time or both. If there is a surety and there appears to be a possibility of a Contractor's default, the Construction Manager may, but is not obligated to, notify the surety and request the surety's assistance in resolving the controversy. § 4.8.5 The Construction Manager's decision shall be final and binding on the parties unless a demand for to mediate the Claim pursuant to Section 4.9 below is made within 30 days after the Construction Manager's decision. The failure to demand mediation within said 30 days' period shall result in the Construction Manager's final and binding upon the Owner and Contractor. § 4.9 MEDIATION § 4.9.1 Any Claim arising out of or related to the Contract shall be subject to mediation as a condition precedent to the continuation (but not the institution) of legal or equitable proceedings by either party. § 4.9.2 The parties shall endeavor to resolve their Claims by mediation. Request for mediation shall be filed in writing with the other party to the Contract and the Construction Manager. The request may be made concurrently with the institution of legal or equitable proceedings but, in such event, mediation shall proceed in advance of such legal or equitable 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. § 4.9.3 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. § 4.10 ARBITRATION The parties may agree to resolve any Claim or dispute related to this Contract by arbitration on such terms as they may agree. Absent such agreement, any reference in this Contract to arbitration shall be void and of no force or effect whatsoever. § 4.11 ATTORNEYS' FEES In the event of any controversy, claim or action being filed or instituted between the parties to this Agreement to enforce the terms of this Agreement or arising from the breach of any provision hereof, the prevailing party will be entitled to receive from the other party all costs, damages, and expenses including reasonable attorneys' fees, incurred by the prevailing party, whether or not such a controversy or claim is litigated or prosecuted to judgment. The prevailing party will be that party who recovers at least 75% of the total amount claimed by that party in the action, or who is required to pay no more than 25% of the total amount claimed by the other party in the action. (Paragraphs deleted) Inst. AIA Document A201/CMsTM —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 32 may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) § 4.6.19 Interpretations and decisions of the Construction Manager 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 Construction Manager, with Architect's assistance, will endeavor to secure faithful performance by both Owner and Contractor, will not show partiality to either and will not be liable for results of interpretations or decisions so rendered in good faith. § 4.6.20 On matters relating to aesthetic effect, the Construction Manager will defer to the decision of the Architect, which will be final if consistent with the intent expressed in the Contract Documents. §4.6.21 The presence or duties of Architect's, Construction Manager's, and Owner's personnel at the Project site, whether as on-site representatives or otherwise, do not make any of them or their representatives or personnel in any way responsible for those duties that belong to Contractor, Subcontractors or other entities, and do not relieve Contractor, Subcontractors or other entities or any other entity of their obligations, duties, and responsibilities, including, but not limited to, any health or safety precautions required by such Work. Construction Manager's, Architect's, and Owner's personnel have no authority to exercise any control over any health or safety precautions and have no duty for inspecting, noting, observing, correcting, or reporting on health or safety deficiencies at the site except their own personnel. The presence of Architect's, Construction Manager's or Owner's personnel at the Project site is for the purpose of providing to Owner a greater degree of confidence that the completed work will conform to the Contract Documents and that the integrity of the design concept as reflected in the Contract Documents has been implemented and preserved. For this Section only, the Project site includes places of manufacture for materials incorporated into the Work, and other entities include manufacturers of materials incorporated into the Work. §4.6.22 THE DUTIES, OBLIGATIONS, AND RESPONSIBILITIES OF CONTRACTOR UNDER THIS CONTRACT SHALL IN NO MANNER WHATSOEVER BE CHANGED, ALTERED, DISCHARGED, RELEASED, OR SATISFIED BY ANY DUTY, OBLIGATION, OR RESPONSIBILITY OF ARCHITECT OR CONSTRUCTION MANAGER. CONTRACTOR IS NOT A THIRD -PARTY BENEFICIARY OF ANY AGREEMENT BETWEEN OWNER AND ARCHITECT OR OWNER AND CONSTRUCTION MANAGER. IT IS EXPRESSLY ACKNOWLEDGED AND AGREED THAT THE DUTIES OF CONTRACTOR TO OWNER ARE INDEPENDENT OF, AND ARE NOT DIMINISHED BY, ANY DUTIES OF ARCHITECT AND CONSTRUCTION MANAGER TO OWNER. § 4.7 CLAIMS AND DISPUTES § 4.7.1 Definition. A Claim is a demand or assertion by one of the parties seeking, as a matter of right, adjustment or interpretation of Contract terms, payment of money, extension of time 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. Claims must be made by written notice. The responsibility to substantiate Claims shall rest with the party making the Claim. § 4.7.2 Decision of Construction Manager. Claims, including those alleging an error or omission by the Construction Manager or Architect, shall be referred initially to the Construction Manager for action as provided in Section 4.8. A decision by the Construction Manager, as provided in Section 4.8.4, shall be required as a condition precedent to mediation or litigation of a Claim between the Contractor and Owner as to all such matters arising prior to the date final payment is due, regardless of (1) whether such matters relate to execution and progress of the Work or (2) the extent to which the Work has been completed. The decision by the Construction Manager in response to a Claim shall not be a condition precedent to mediation or litigation in the event (1) the position of Construction Manager is vacant, (2) the Construction Manager has not received evidence or has failed to render a decision within agreed time limits, (3) the Construction Manager has failed to take action required under Section 4.8.4 within 30 days after the Claim is made, (4) 45 days have passed after the Claim has been referred to the Construction Manager or (5) the Claim relates to a mechanic's lien. § 4.7.3 Time Limits on Claims. Claims by the Contractor must be made within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the Contractor first knew or should have known of the event or condition giving rise to the Claim, whichever is later. Claims must be made by written notice. Any Claim not timely made shall be deemed waived. The written notice of Claim shall include a factual statement of the basis for the Claim, pertinent dates, contract provisions offered in support of the Claim, additional materials offered in support of the Claim and the nature of the resolution sought by the Claimant. The Contractor shall cooperate with the Owner in AIA Document A201/CMaTu —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is Init. protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 30 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) 0 and (3) with the Owner's concurrence, from time to time during the correction period described in Section 12.2. The Construction Manager and Architect will advise and consult with the Owner and will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified by written instrument in accordance with other provisions of the Contract. § 4.6.2 The Construction Manager will, for the benefit of the Owner, determine that the Work is being performed in accordance with the requirements of the Contract Documents, will keep the Owner informed of the progress of the Work, and will guard the Owner against defects and deficiencies in the Work § 4.6.3 The Construction Manager will provide for coordination of the activities of other Contractors and of the Owner's own forces with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with other Contractors and the Construction Manager and Owner in reviewing their construction schedules when directed to do so. The Contractor shall make any revisions to the construction schedule deemed necessary after a joint review and mutual agreement. The construction schedules shall constitute the schedules to be used by the Contractor, other Contractors, the Construction Manager and the Owner until subsequently revised. § 4.6.4 The Construction Manager will schedule and coordinate the activities of the Contractors in accordance with the latest approved Project construction schedule. § 4.6.5 The Architect will visit the site at intervals appropriate to the stage of construction to become familiar with the progress and quality of the completed Work and to determine if the Work is being performed in a manner indicating that the Work, when 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 quality or quantity of the Work. On the basis of on-site observations as an architect, the Architect will keep the Owner informed of progress of the Work, and will guard the Owner against defects and deficiencies in the Work. § 4.6.6 The Construction Manager, except to the extent required by Section 4.6.4, and Architect will not have control over or charge of and will not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility as provided in Section 3.3, and neither will be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. Neither the Construction Manager nor the Architect will have control over or charge of or be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. § 4.6.7 Communications Facilitating Contract Administration. Except as otherwise provided in the Contract Documents or when direct communications have been specially authorized, the Owner, Architect and Contractor shall communicate with each other through the Construction Manager in conformance with the communication plan approved by Owner. Communications by and with the Architect's consultants shall be through the Architect. Communications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with other Contractors shall be through the Construction Manager and shall be contemporaneously provided to the Architect. § 4.6.8 The Construction Manager will review and certify all Applications for Payment by the Contractor, including final payment. The Construction Manager will assemble each of the Contractor's Applications for Payment with similar Applications from other Contractors into a Project Application and Project Certificate for Payment. After reviewing and certifying the amounts due the Contractors, the Construction Manager will submit the Project Application and Project Certificate for Payment, along with the applicable Contractors' Applications and Certificates for Payment, to the Architect. § 4.6.9 Based on the Architect's observations and evaluations of Contractors' Applications for Payment, and the certifications of the Construction Manager, the Architect will review and certify the amounts due the Contractors and will issue a Project Certificate for Payment. § 4.6.10 The Architect and Construction Manager will have authority to reject Work which does not conform to the Contract Documents, and to require additional inspection or testing, in accordance with Sections 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or completed, but will take such action only after notifying the Construction Manager. Subject to review by the Architect, the Construction Manager will have the authority to AIA Document A201/011eTM —1992. Copyright 01992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is Init. protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 28 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No.1000295111_1 which expires on 414/2008, and is not for resale. User Notes: (744410520) § 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 from and about the Project waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus materials. § 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, the Construction Manager may do so with the Owner's approval and the cost thereof shall be charged to the Contractor. § 3.15.3 In the absence of specific cleaning instructions, the Contractor shall follow accepted cleaning practices and any manufacturer's recommendations. § 3.16 ACCESS TO WORK § 3.16.1 The Contractor shall at all times relevant to this Contract provide the Owner, Construction Manager and Architect access to the Work in preparation and progress for review or inspection, wherever located, without any formality or other procedure. § 3.17 ROYALTIES AND PATENTS § 3.17.1 The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of patent rights and shall hold the Owner, Construction Manager and Architect harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or product of a particular manufacturer or manufacturers is required by the Contract Documents. However, if the Contractor has reason to believe that the required design, process or product is an infringement of a patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the Architect. § 3.18 INDEMNIFICATION § 3.18.1 To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner, Construction Manager, Architect, Construction Manager's and Architect's consultants, and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including loss of use resulting therefrom, but only to the extent caused in whole or in part by 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 which 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 this Section 3.18 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers' compensation acts, disability benefit acts or other employee benefit acts. § 3.18.3 The obligations of the Contractor under this Section 3.18 shall not extend to the liability of the Construction Manager, Architect, their consultants, and agents and employees of any of them arising out of (1) the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications, or (2) the giving of or the failure to give directions or instructions by the Construction Manager, Architect, their consultants, and agents and employees of any of them provided such giving or failure to give is the primary cause of the injury or damage. § 3.19 AS -BUILT DOCUMENTATION; OPERATIONS 8r MAINTENANCE MANUALS § 3.19.1 The Contractor shall provide the information necessary for the Construction Manager to furnish one (1) copy of reproducible "as built" Construction Documents relating to the Work and improvements in a form and detail reasonably satisfactory to the Owner. AIA Document A201/CUOTm —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document is Init. protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 26 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) of the activity, the actions being taken to bring the. activity back into schedule, and the forecast completion date. .4 Show any work activities, approvals and submittals by Owner, Construction Manager, Architect or others that are predecessors to Contractor's work activities, including projected dates for submission and return of all Shop Drawings and other submittals; .5 Allow Owner to properly coordinate the work of its separate contractors, if any, and to properly plan on its use of portions of the Project prior to the date of substantial completion; .6 The expected delivery dates for all long -lead items, major equipment and material items to be incorporated into the Project; .7 Projected dates for shutdown or disruption of ongoing activities of Owner on the Site, as approved in advance by Owner; .8 Expected dates for testing and start-up of all major mechanical and electrical equipment and systems; .9 Dates that areas requested by Owner will be available for beneficial occupancy; and .9 Actual dates that all activities began or ended, as they are realized. The Construction Schedule shall be updated not less than monthly in accordance with the established cut-off dates for the progress payments. Such updates shall include with revised logic diagrams and shall include all Change Orders and other information necessary to indicate actual conditions and the actual sequence of the Work. §3.10.7 The Contractor shall also submit a weekly activities schedule ("Weekly Activities Schedule") indicating Contractor's weekly plan for executing the Work. The Weekly Activities Schedule shall be consistent with the Construction Schedule and shall indicate three (3) weeks, consisting of one (1) week "history" and two (2) weeks "future." Contractor shall attend weekly scheduling meetings with Owner at a time and place selected by Owner. § 3.11 DOCUMENTS AND SAMPLES AT THE SITE § 3.11.1 The Contractor shall maintain at the site for the Owner one record copy of the Drawings, Specifications, addenda, Change Orders and other Modifications, in good order and marked currently to record changes and selections made during construction, and in addition approved Shop Drawings, Product Data, Samples and similar required submittals. These shall be available to the Construction Manager and Architect and shall be delivered to the Construction Manager for submittal to the Owner upon completion of the Work. § 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 which 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. The purpose of their submittal is to demonstrate for those portions of the Work for which submittals are required the way the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents. Review by the Architect is subject to the limitations of Section 4.6.12. § 3.12.5 The Contractor shall carefully review, approve and submit to the Construction Manager, in accordance with the schedule and sequence approved by the Construction Manager, Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents. The Contractor shall stamp and sign each submittal with "Reviewed for compliance with the Contract Documents and approved [or approved as noted]." If the submittal contains any deviation from the requirements of the Contract Documents, the Contractor shall indicate such deviation with a conspicuous notation on the submittal. The Contractor shall cooperate with the Construction Manager in the coordination of the Contractor's Shop Drawings, Product Data, Samples and similar submittals with related documents submitted by other Contractors. Submittals made by the Contractor that are not required by the Contract Documents may be returned without action. Construction Manager and Architect shall have no duty to Inst. AIA Document A201/CMaTM —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any portion of it, 24 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) 0 0 from any payment due him hereunder the estimated amount of such accrued and accruing taxes, excises, and license fees for the benefit of all taxing units to which the Contractor is liable. § 3.6.3 Before entering into this Contract, the Contractor shall be authorized to do business in the State of Idaho and shall execute and delivery to Owner any affidavit concerning taxes requested by Owner. § 3.6.4 Within ten (10) days of its receipt of any tax forms from the Owner, the Contractor shall properly and fully complete such forms and return them to Owner. The Contractor understands and agrees that such forms may request dates, names, addresses, contracting parties (including all subcontractors and vendors) and other information. § 3.6.5 Prior to the execution of this Contract and again prior to requesting final payment for the Work, the Contractor shall complete, execute and deliver Idaho State Tax Commission form WH -5 to both the Owner and to the Idaho State Tax Commission. § 3.7 PERMITS, FEES AND NOTICES § 3.7.1 Unless otherwise provided in the Contract Documents, the Owner shall secure and pay for the building permit and the Contractor shall secure and pay for all other permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work which are customarily secured after execution of the Contract and which are legally required when bids are received or negotiations concluded. § 3.7.2 The Contractor shall comply with and give notices required by laws, ordinances, rules and regulations and lawful orders of public authorities bearing on performance of the Work. § 3.7.3 It is not the Contractor's responsibility to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, building codes, and rules and regulations. However, if the Contractor observes that portions of the Contract Documents are at variance therewith, the Contractor shall promptly notify the Construction Manager, Architect and Owner in writing, and necessary changes shall be accomplished by appropriate Modification. § 3.7.4 If the Contractor performs Work knowing it to be contrary to laws, statutes, ordinances, building codes, and rules and regulations without such notice to the Construction Manager, Architect and Owner, the Contractor shall assume full responsibility for such Work and shall bear the attributable costs. § 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 against which the Contractor makes reasonable objection. § 3.8.2 Unless otherwise provided in the Contract Documents: .1 materials and equipment under an allowance shall be selected promptly by the Owner to avoid delay in the Work; .2 allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade discounts; .3 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 and not in the allowances; .4 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 3.8.2.2 and (2) changes in Contractor's costs under Section 3.8.2.3. § 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 at all times when the Work is actually in progress. The superintendent shall have complete authority to represent, act for and bind the Contractor, and communications given to the superintendent shall be as binding as if given to the Contractor. Important communications shall be confirmed in writing. Other Init. AIA Document A201/CMaTN —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, 22 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) 9 0 § 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR § 3.2.1 The Contractor shall have a continuing duty to study and compare the Contract Documents with each other, the Contractor's submittals and with information furnished by the Owner pursuant to Section 2.2.2. The Contractor shall immediately report to the Construction Manager any errors, inconsistencies or omissions discovered. The Contractor shall not be liable to the Owner, Construction Manager or Architect for damage resulting from errors, inconsistencies or omissions in the Contract Documents unless the Contractor recognized such error, inconsistency or omission and knowingly failed to report it to the Construction Manager and Architect. If the Contractor performs any construction activity knowing it involves a recognized error, inconsistency or omission in the Contract Documents without such notice to the Construction Manager and Architect, the Contractor shall assume appropriate responsibility for such performance and shall bear an appropriate amount of the attributable costs for correction. § 3.2.2 The Contractor shall have a continuing duty to take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to the Contractor with the Contract Documents before commencing activities. Errors, inconsistencies or omissions discovered shall be reported to the Construction Manager and Architect at once. § 3.2.3 The Contractor shall perform the Work in accordance with the Contract Documents and submittals approved pursuant to Section 3.12. § 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 this Contract, subject to overall coordination of the Construction Manager as provided in Sections 4.6.3 and 4.6.4. § 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, and other persons performing portions of the Work under a contract with the Contractor. § 3.3.3 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 Construction Manager or Architect in their administration of the Contract, or by tests, inspections or approvals required or performed by persons other than the Contractor. § 3.3.4 The Contractor shall inspect portions of the Project related to the Contractor's Work in order to determine that such portions are in proper condition to receive subsequent Work. § 3.3.5 The Contractor shall timely request and coordinate tests and inspections required to complete the Work. § 3.4 LABOR AND MATERIALS § 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. § 3.4.2 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Contract. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. § 3.4.3 After the Contract has been executed, the Owner after consultation with the Construction Manager and Architect, will consider a formal request for the substitution of products in place of those specified only under the following conditions (and only if submitted on the substitution request form set forth in the Contract Documents): .1 Required product cannot be supplied in time for compliance with Contract time requirements; .2 Required product is not acceptable to a governing authority, or determined to be non -compatible, or cannot be properly coordinated, warranted or insured, or has other recognized disability as certified by Contractor; AIA Document A201/CMaTM —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is Init. protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 20 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) 0 .4 Continually endeavor to reduce the cost of the Project; .5 Avoid and minimize delays on the Project and the critical path; .6 Promote positive public relations; .7 Make the work on the Project enjoyable; .8 Construct the Project and administer the Contract Documents so that all parties are treated fairly; .9 Avoid injuries; and .10 Complete the Project without litigation. § 1.6.2 In furtherance of the objectives set forth in Section 1.6.1, the Owner and Contractor shall endeavor to promote harmony and cooperation among each other and others employed for the Project, and agree to deal with each other and others in a fair, reasonable, trusting and professional manner. In furtherance of the above, the Owner and Contractor shall: .1 Communicate and resolve problems within the terms of the Contract Documents; .2 Make decisions at the lowest possible level; .3 Communicate openly and honestly; .4 Treat each other with mutual respect, resolve personal conflicts immediately, avoid personal attacks, and focus on the merits of the Project; .5 Timely notify each party of meetings; .6 Attend and support weekly, morning and other meetings; .7 Prevent grudges from interfering with professionalism and the merits of the Project; .8 Use best their best efforts to resolve any claims or disputes, including direct negotiations with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution; and .9 Admit errors, mistakes and false starts. ARTICLE 2 OWNER § 2.1 DEFINITION § 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 term "Owner" means the Owner or the Owner's authorized representative. § 2.1.2 The Owner upon reasonable written request shall furnish to the Contractor in writing information that is 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 at the time of execution of the Agreement and, within five days after any change, information of such change in title, recorded or unrecorded. § 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER § 2.2.1 [Deleted.] § 2.2.2 The Owner has furnished some information regarding the characteristics of the Project site. By furnishing such material, the Owner does not represent, warrant, or guarantee its accuracy either in whole, in part, implicitly or explicitly, or at all, and shall have no liability therefor. The Contractor shall confirm the location of each utility, shall excavate and dispose of each on-site utility and cap each off-site utility as required by the Work and as may be included in the Contract Documents, Owner does not assume any responsibility regarding any surveys, test borings, or other investigations regarding the site, and makes no warranty or guaranty regarding the site conditions. The Contractor shall make such site investigations as the Contractor deems necessary, and make available to the Owner, Construction Manager and Architect all reports of such site investigations. § 2.2.3 Except for permits and fees that are the responsibility of the Contractor under the Contract Documents, the Owner shall secure and pay for necessary approvals, easements, assessments and charges required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities. Unless otherwise provided under the Contract Documents, the Owner, through the Construction Manager, shall secure and pay for the building permit. § 2.2.4 Information or services under the Owner's control shall be furnished by the Owner with reasonable promptness to avoid delay in orderly progress of the Work. loll AIA Document A201/CMaTu —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 18 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45,07 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) 0 § 1.1.9 INSTALL The word "install' and any derivatives thereof shall mean to incorporate the specified items, materials or equipment into the Work including all necessary labor, materials and connections to the extent required by, or reasonably inferable from, the Contract Documents to perform a proper and complete installation of the items, materials or equipment in a condition ready for use or operation, including but not limited to, unpacking and assembly of the item, material or equipment. § 1.1.10 PROVIDE The word "provide" and any derivatives thereof shall mean to furnish and install as defined above. § 1.1.11 EXPRESSED VERBS In the interest of conciseness, the Contract Documents may contain phrases with expressed verbs, such as furnish, install, provide, perform, construct, erect, comply, apply or submit. Such phrases shall be construed to include the appropriate form of the phrase "the Contractor shall' preceding the expressed verb and the requirements described therein shall be a mandatory element of this Contract. § 1.1.12 SEE In the interest of conciseness, the Contract Documents may contain references to specification sections and details preceded by the word "see". Such references shall be construed to include the appropriate form of the phrase, ", and comply with,." § 1.1.13 INDICATED OR SHOWN The words "indicated" or "shown" and any derivative thereof shall mean "as detailed, scheduled, schematically depicted or stated in Contract Documents." § 1.1.14 INCLUDING The words "include", "includes", or "including" shall be deemed to be followed by the phrase "without limitation." § 1.1.15 APPROVED, DIRECTED, SELECTED The words "approved, directed, selected" and similar words and phrases shall be presumed to be followed by "by Architect". The words "satisfactory, submitted, reported" and similar words and phrases shall be presumed to be followed by "to Architect" § 1.2 EXECUTION, CORRELATION AND INTENT § 1.2.1 The Contract Documents shall be signed by the Owner and Contractor as provided in the Agreement. If either the Owner or Contractor or both do not sign all the Contract Documents, the Architect shall identify such unsigned Documents upon request. § 1.2.2 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents. § 1.2.3 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 intended results. The Contractor shall notify the Construction Manager of any materials indicated but not specified as to finish, quality or installation. Unless otherwise directed by the Construction Manager, any materials not specified shall be consistent in finish, quality and installation as the adjacent or similar finished conditions. § 1.2.4 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. § 1.2.5 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. Inst. AIA Document A201/CMa"' —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 16 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:45,07 on 04/27/2007 under Order No. 1000295111_7 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) • Written Orders 0 5.2.1, 5.3, 5.4.1.1, 8.2.2, 9.4, 9.5.1, 9.7, 9.10, 10.1.2, 10.2.6, 11.1.3, 11.3, 12.2.2, 12.2.4, 13.3, 13.5.2, 14 2.3, 3.9, 4.7.7, 8.2.2, 11.3.9, 12.1, 12.2, 13.5.2, 14.3.1 AIA Document A201/CMaTM —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is Mit. protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 14 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) 13.7.1.3 Weather Delays 4.7.8.2 When Arbitration May 4.9.4 Be Demanded Work, Definition of 1.1.3 Written Consent 1.3.1, 3.12.8, 3.14.2, 4.7.4, 4.9.5, 9.3.2, 9.8.2, 9.9.1, 9.10.2, 9.10.3, 10.1.2, 10.1.3, 11.3.1, 11.3.1.4, 11.3.11, 13.2, 13.4.2 Written Interpretations 4.6.18, 4.6.19, 4.7.7 Written Notice 2.3, 2.4, 3.9, 3.12.8, 3.12.9, 4.7.1, 4.7.6, 4.7.9, 4.8.4, 4.9.4.1, Written Orders 0 5.2.1, 5.3, 5.4.1.1, 8.2.2, 9.4, 9.5.1, 9.7, 9.10, 10.1.2, 10.2.6, 11.1.3, 11.3, 12.2.2, 12.2.4, 13.3, 13.5.2, 14 2.3, 3.9, 4.7.7, 8.2.2, 11.3.9, 12.1, 12.2, 13.5.2, 14.3.1 AIA Document A201/CMaTM —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is Mit. protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 14 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) Representations 1.2.2, 3.5.1, Contractors 3.12.7, 6.2.2, Shop Drawings, Definition 3.12.1 8.2.1, 9.3.3, of 9.4.3, 9.5.1, Shop Drawings, Product 3.11, 3.12, 9.8.2, 9.10.1 Data and Samples 4.6.11, Representatives 2.1.1, 3.1.1, 4.6.12, 4.6.15 3.9, 4.1.1, Site, Use of 3.13, 6.1.1, 4.6.1, 4.6.17, 6.2.1 5.1.1, 5.1.2, Site Inspections 1.2.2, 3.3.4, 13.2.1 4.6.5, 4.6.16, Resolution of Claims and 4.8, 4.9 4.7.6, 9.8.2, Disputes 9.10.1, 13.5 Responsibility for Those 3.3.2, 4.6.6, Site Visits, Architect's 4.6.5, 4.6.9, Performing the Work 62,10 4.7.6, 9.4, Retainage 9.3.1, 9.6.2, 9.5.1, 9.8.2, 9.8.3, 9.9.1, 9.9.2, 9.10.1, 9.10.2, 9.10.3 13.5 Review of Contract 1.2.2, 3.2, Special Inspections and 4.6.10, Documents and Field 3.7.3, 3.12.7 Testing 12.2.1, 13.5 Conditions by Contractor Specifications, Dermition 1.1.6 Review of Contractor's of the Submittals by Specifications, The 1.1.1, 1.1.6, Owner, Construction 3.10.1, 1.1.7, 1.2.4, Manager and Architect 3.10.3, 3.11, 1.3, 3.11 3.12, 4.6.12. Statute of Limitations 4.9.4.2, 4.6.16, 5.2.1, 12.2.6, 13.7 5.2.3, 9.2, Stopping the Work 2.3, 4.7.7, 9.8.2 9.7, 10.1.2, Review of Shop Drawings, 3.12.5 10.3, 14.1 Product Data and Samples Stored Materials 6.2.1, 9.3.2, by Contractor 10.2.1.2, Rights and Remedies 1.1.2, 2.3, 11.3.1.4, 2.4, 3.5.1, 12.2.4 3.15.2, Subcontractor, Definition 5.1.1 4.6.10, 4.7.6, of 4.9, 5.3, 6.1, SUBCONTRACTORS 5 6.3, 7.3.1, Subcontractors, Work by 1.2.4, 3.3.2, 8.3.1, 9.5.1, 3.12.1, 4.6.6, 9.7, 10.2.5, 4.6.10, 5.3, 10.3, 12.2.2, 5.4 12. 2.4, 13.4, Subcontractual Relations 5.3, 5.4, 14 9.3.1.2, 9.6.2, Royalties and Patents 3.17 9.6.3, 9.6.4, Rules and Notices for 4.9.2 10.2.1, Arbitration 11.3.7, Safety of Persons and 10.2 11.3.8, Property 14.1.1, Safety Precautions and 4.6.6, 4.6.12, 14.2.1.2, Programs 10.1 14.1.3 Samples, Definition of 3.12.3 Submittals 1.3, 3.2.3, Samples, Shop Drawings, 3.11, 3.12, 3.10, 3.11, Product Data and 4.6.12 3.12, 4.6.12, Samples at the Site, 3.11 5.2.1, 5.2.3, Documents and 7.3.6, 9.2, Schedule of Values 9.2, 9.3.1 9.3.1, 9.8.2, Schedules, Construction 3.10 9.9.1, 9.10.2, Separate Contracts and 1.1.4 9.10.3, 11.1.3 Init. AIA Document A201/CMaTm —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 12 may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) • Materials, Hazardous Materials, Labor, Equipment and Means, Methods, Techniques, Sequences and Procedures of Construction Minor Changes in the Work MISCELLANEOUS PROVISIONS Modifications, Definition of Modifications to the Contract Mutual Responsibility Nonconforming Work, Acceptance of Nonconforming Work, Rejection and Correction of Notice Notice, Written 9.4.3, 9.6.5, 9.10.4 10.1, 10.2.4 1.1.3, 1.1.6, 3.4.1, 3.5.1, 3.8.2, 3.12.2, 3.12.3, 3.12.7, 3.12.11, 3.13, 3.15.1, 4.6.12, 6.2.1, 7.3.6, 9.3.2, 9.3.3, 12.2.4, 14.1.2, 14.2.1, 14.2.2 3.3.1, 4.6.6, 4.6.12, 9.4.3 1.1.1, 4.6.13, 4.7.7, 7.1, 7.4 13 1.1.1, 1.1.2, 3.7.3, 3.11, 4.1.2, 4.6.1, 5.2.3, 7, 8.3.1, 9.7 6.2 12.3 2.3.1, 4.7.5.2, 9.5.2, 9.8.2, 12, 13.7.1.3 2.3, 2.4, 3.2.1, 3.2.2, 3.7.3, 3.7.4, 3.9, 3.12.8, 3.12.9, 3.17, 4.7, 4.8.4, 4.9, 5.2.1, 5.3, 5.4.1.1, 8.2.2, 9.4.1, 9.5.1, 9.7, 9.10, 10.1.2, 10.2.6, 11.1.3, 11.3, 12.2.2, 12.2.4, 13.3, 13.5.1, 13.5.2, 14, 2.3, 2.4, 3.9, 3.12.8, 3.12.9,4.7, 4.8.4, 4.9, 0 Notice of Testing and Inspections Notice to Proceed Notices, Permits, Fees and Observations, Architect's On -Site Observations, Construction Manager's On -Site Observations, Contractor's Occupancy On -Site Inspections by the Architect On -Site Observations by the Architect On -Site Observations by the Construction Manager Orders, Written Other Contracts and Contractors OWNER Owner, Definition of Owner, Information and Services Required of the Owner's Authority 5.2.1, 5.3, 5.4.1.1, 8.2.2, 9.4.1, 9.5.1, 9.7, 9.10, 10.1.2, 10.2.6, 11.1.3, 11.3, 12.2.2, 12.2.4, 13.3, 13.5.2, 14 13.5.1, 13.5.2 8.2.2 2.2.3, 3.7, 3.13, 7.3.6.4, 10.2.2 4.6.5, 4.6.9, 4.6.10, 4.7.6, 9.4.4, 9.5.1, 9.10.1, 12.1.1, 13.5 9.4.4, 12.1.1 1.2.2, 3.2.2 9.6.6, 9.8.1, 9.9, 11.3.11 4.6.5, 4.6.1 6, 4.7.6, 9.4.4, 9.8.2, 9.9.2, 9.10.1 4.6.5, 4.6.9, 4.7.6, 9.4.4, 9.5.1, 9.10.1, 13.5 9.4.4, 9.5.1 2.3, 3.9, 4.7.7, 7, 8.2.2, 11.3.9, 12.1, 12.2, 13.5.2, 14.3.1 1.1.4, 3.14.2, 4.6.7, 4.9.5, 6,11.3.7, 12.1.2, 12.2.5 2 2.1 2.1.2, 2.2, 4.6.2, 4.6.4, 6, 9,10.1.4, 10.1.6, 11.2, 11.3, 13.5.1, 14.1.1.5, 14.1.3 3.8.1, 5.2.1, 5.2.4, 5.4.1, 7.3.1, 8.2.2, Inst. AIA Document A201/CMan" —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 10 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) 0 0 (nit. AIA Document A201/CMaTM —1992. Copyright ©1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) 2.2.5, 3.11, Fire and Extended 11.3.1.1, 5.3 Coverage Insurance 11.3.5, 11.3.7 Duty to Review Contract 3.2 GENERAL 1 Documents and Field PROVISIONS Conditions Governing Law 13.1 Effective Date of Insurance 8.2.2, 11.1.2 Guarantees (See Warranty Emergencies 4.7.7, 10.3 and Warranties) Employees, Contractor's 3.3.2., 3.4.2, Hazardous Materials 10.1, 10.2.4 3.8.1, 3.9, Identification of Contract 1.2.1 3.18.1, Documents 3.18.2, 4.6.6, Identification of 5.2.1 4.6.10, 8.1.2, Subcontractors and 10.2, 10.3, Suppliers 11.1.1, Indemnification 3.17, 3.18, 14.2.1.1 9.10.2, Equipment, Labor, 1.1.3, 1.1.6, 10.1.4, Materials and 3.4, 3.5.1, 11.3.1.2, 3.8.2, 3.12.2, 11.3.7 3.12.3, Information and Services 2.1.2, 2.2, 3.12.7, Required of the Owner 4.7.4, 6.2.6, 3.12.11, 3.13, 9.3.2, 9.6.1, 3.15.1, 9.6.4, 9.8.3, 4.6.12, 6.2.1, 9.9.2, 9.10.3, 7.3.6, 9.3.2, 10.1.4, 11.2, 9.3.3, 11.3, 11.3, 13.5.1, 12.2.4, 13.5.2 14.1.2, Injury or Damage to 4.7.9 14.2.1, 14.2.2 Person or Property Execution and Progress of 1.2.3, 3.4.1, Inspections 3.3.3, 3.3.4, the Work 3.5.1, 4.6.5, 3.7.1, 4.6.5, 4.6.6, 4.7.4, 4.6.6, 4.6.16, 4.7.8, 6.2.2, 4.7.6, 9.4.3, 7.1.3, 8.2, 9.8.2, 9.9.2, 8.3, 9.5, 9.10.1, 9.9.1, 10.2.3, 12.1.1, 13.5 10.2.4 Instructions to Bidders 1.1.1 Execution, Correlation 1.2, 3.7.1 Instructions to the 3.8.1, 4.6.13, and Intent of the Contractor 5.2.1, 7, 12.1, Contract Documents 13.5.2 Extensions of Time 4.7.1, 4.7.8, Insurance 4.7.9, 6.1.1, 7.2.1.3, 8.3, 7.3.6.4, 9.3.2, 10.3.1 9.8.2, 9.9.1, Failure of Payment by 9.5.1.3, 9.10.2, 11 Contractor 14.2.1.2 Insurance, Boiler and 11.3.2 Failure of Payment by 4.7.7, 9.7, Machinery Owner 14.1.3 Insurance, Contractor's 11.1, Faulty Work (See Liability 11.3.1.13 Defective or Insurance, Effective Date 8.2.2, 11.1.2 Nonconforming Work) of Final Completion and 4.6.1, 4.6.16, Insurance, Loss of Use 11.3.3 Final Payment 4.7.2, 4.7.5, Insurance, Owner's 11.2, 11.3.1.3 9.10, 11.1.2, Liability 11.1.3, Insurance, Property 10.2.5, 11.3 11.3.5, Insurance, Stored Materials 9.3.2, 12.3.1, 13.7 11.3.1.4 Financial Arrangements, 2.2.1 INSURANCE AND 11 Owner's BONDS (nit. AIA Document A201/CMaTM —1992. Copyright ©1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) Contract Documents, Definition of Contract Performance During Arbitration Contract Sum Contract Sum, Definition of Contract Time Contract Time, Definition of CONTRACTOR Contractor, Definition of Contractor's Bid Contractor's Construction Schedules Contractor's Employees Contractor's Liability Insurance Contractor's Relationship with Other Contractors and Owner's Own Forces Contractor's Relationship with Subcontractors Contractor's Relationship with the Architect 4.7.4, 4.9.3 3.8, 4.7.6, 4.7.7, 4.8.4, 5.2.3, 7.2, 7.3, 9.1, 9.7, 11.3.1, 12.2.4, 12.3, 14.2.4 9.1.1 4.7.6, 4.7.8.1, 4.8.4, 7.2.1.3, 7.3, 8.2.1, 8.3.1, 9.7, 12.1.1 8.1.1 3.3.2, 3.4.2, 3.8.1, 3.9, 3.18, 4.6.6, 4.6.10, 8.1.2, 10.2, 10.3, 11.1.1, 14.2.1.1 11.1, 11.3.1.5 3.12.5, 3.14.2, 4.6.3, 4.6.7, 12.2.5 1.2.4, 3.3.2, 3.18.1, 3.18.2, 5.2, 5.3, 5.4, 9.6.2, 11.3.7, 11.3.8, 14.2.1.2 1.1.2, 3.2.1, 3.2.2, 3.3.3, 3.5.1, 3.7.3, 3.10.1, 3.10.3, 3.11.1, 3.12.6, 3.12.8, 3.12.9, 3.16.1, 3.18, 4.6.6, 4.6.7, 4.6.10, 4.6.12, Contractor's Relationship with the Construction Manager 4.6.4, 4.6.6, 5.2, 6.2.1, 6.2.2, 7.1.2, 7.2.1, 7.3.4, 7.3.6, 7.3.9, 8.3.1, 9.2.1, 9.3.1, 9.4.1, 9.4.2, 9.4.3, 9.7.1, 9.8.2, 9.9.1, 9.10.1, 9.10.2, 9.10.3, 10.1.1,10.1.2, 10.1.5, 10.2.6, 11.3.7, 12.1, 13.5. 1, 13.5.2, 13.5.3, 13.5.4 Contractor's Representations Contractor's Responsibility for Those Performing the Work Contractor's Review of Contract Documents Contractor's Right to Stop the Work Contractor's Right to Terminate the Contract Contractor's Submittals 4.6.19, 5.2, 6.2.2, 7.3.4, 9.2, 9.3.1, 9.8.2, 9.10.3,10.1.2, 10.1.5, 10.2.6, 11.3.7, 12.1, 13.5 1.1.2, 3.2.1, 3.2.2,3.3.1, 3.3.3, 3.5.1, 3.7.3, 3.7.4, 3.10.1, 3.10.2, 3.10.3, 3.11.1, 3.12.5, 3.12.6, 3.12.8, 3.12.9, 3.12.11, 3.13.2, 3.14.2, 3.15.2, 3.16.1, 3.17.1, 3.18.1, 3.18.3, 4.6.3, 1.2.2, 3.5.1, 3.12.7, 6.2.2, 8.2.1, 9.3.3 3.3.2, 3.18, 4.6.6, 10 1.2.2, 3.2, 3.7.3 9.7 14.1 3.10, 3.11, 3.12, 4.6.12, 5.2.1, 5.2.3, 7.3.6, 9.2, 9.3.1, 9.8.2, 9.9.1, 9.10.2, Init. AIA Document A201/CMaTm —1992. Copyright ®1992 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 Al a Document, or any portion of it, 6 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No.10002951 11_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) 0 0 Claims and Disputes 4.7, 4.8, 4.9, 10.2.2, 11.1, 6.2.5, 8.3.2, 11.3, 13.1, 9.3.1.2, 9.3.3, 13.5.1, 9.10.4, 10.1.4 13.5.2, 13.6, Claims and Timely 4.9.6 14.1.1, Assertion of Claims 14.2.1.3 Claims for Additional 4.7.6, 4.7.7, Concealed or Unknown 4.7.6 Cost 4.7.9, 6.1.1, Conditions 10.3 Conditions of the Contract 1.1.1, 1.1.7, Claims for Additional 4.6.9, 4.7.6, 6.1.1 Time 4.7.8, 4.7.9, Consent, Written 1.3.1, 3.12.8, 8.3.2 3.14.2, 4.7.4. Claims for Concealed or 4.7.6 4.9.5, 9.3.2, Unknown Conditions 9.8.2, 9.9.1, Claims for Damages 3.18, 4.7.9, 9.10.2, 6.1.1, 6.2.5, 9.10.3, 10.12, 8.3.2, 9.5.1.2, 10.1.3, 10.1.4 11.3.1, Claims Subject to 4.7.2, 4.8.4, 11.3.1.4, Arbitration 4.6.1 11.3.11, 13.2, Cleaning Up 3.15, 6.3 13.4.2 Commencement of 13.7 CONSTRUCTION BY 1.1.4, 6 Statutory Limitation OWNER OR BY OTHER Period CONTRACTORS Commencement of the 2.12 ,2.2.1, Construction Change 7.3.1 Work, Conditions Relating 3.2.1, 3.2.2, Directive, Definition of to 3.7.1, 3.10.1 Construction Change 1.1.1, 4.6.13, 3.12.6, 4.7.7, Directives 7.1, 7.3, 5.2.1, 6.2.2, 9.3.1.1 8.1.2, 8.2.2, Construction Manager 4.2 9.2, 11.1.3, Construction Manager, and 2.2.3 11.3.6, 11.4.1 Building Permits Commencement of the 8.1.2 Construction Manager, 4.7.2 Work, Definition of Claims against Communications, Owner to 2.2.6 Construction Manager, 4.6.7 Architect Communications through Communications, Owner to 2.2.6 Construction Manager, and 3.10.1, 3.10.2 Construction Manager Construction Schedule Communications Construction Manager, 4.2.1 Facilitating Contract Definition of Administration 3.9.14.6.7, Construction Manager, and 3.11.1 5.2.1 Documents and Samples at Completion, Conditions 3.11, 3.15, the Site Relating to 4.6.5, 4.6.16, Construction Manager, 3.12.6, 4.7.2, 9.4.2, Extent of Authority 3.12.8, 4.3, 9.8, 9.9.1, 4.6.3, 4.6.11, 9.10, 11.3.5, 7.1.2, 7.2.1, 12.2.2, 13.7.1 7.3.1, 8.3.1, COMPLETION, 9 9.2.1, 9.3.1, PAYMENTS AND 9.4.1, 9.4.3, Completion, Substantial 4.6.16, 9.8.2, 9.8.3, 4.7.5.2, 8.1.1, 9.9.1, 12.1, 8.1.3, 8.2.3, 12.2.1, 9.8, 9.9.1, 12.2.4, 12.2.2, 13.7 14.2.2, 14.2.4 Compliance with Laws 1.3, 3.6, 3.7, Construction Manager, 4.6.6, 4.6.10, 3.13, 4.1.1, Limitations of Authority 13.4.2 Init. AIA Document A201/CMaTM —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 4 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45,07 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) 0 INDEX Acceptance of Nonconforming Work Acceptance of Work Access to Work Accident Prevention Acts and Omissions Addenda Additional Costs, Claims for Additional Inspections and Testing Additional Time, Claims for ADMINISTRATION OF THE CONTRACT Advertisement or Invitation to Bid Aesthetic Effect Allowances All-risk Insurance Applications for Payment Approvals Arbitration Architect Architect, and Certificate 9.6.6, 9.9.3. 12.3 9.6.6, 9.8.2, 9.9.3, 9.10.1, 9.10.3 3.16, 6.2.1, 12.1 4.6.6, 10 3.2.1, 3.2.2, 3.3.2, 3.12.8, 3.18, 4.6.6, 4.6.2., 4.7.9, 8.3.1, 10.1.4, 10.2.5, 13.4.2, 13.7, 14.1 1.1.1, 3.11 4.7.6, 4.7.7, 4.7.9, 6.1.1, 10.3 4.6.10, 9.8.2, 12.2.1, 13.5 4.7.6, 4.7.8, 4.7.9, 8.3.2, 10.3 3.3.3, 4, 9.4, 9.5 1.1.1 4.6.20, 4.9.1 3.8 11.3.1.1 4.6.9, 7.3.7, 9.2, 9.3, 9.4, 9.5.1, 9.6.3, 9.8.3, 9.10.1, 9.10.3, 9.10.4, 11.1.3, 14.2.4 2.4, 3.3.3, 3.5, 3.10.3, 3.12.4 through 3.12.8, 3.18.3, 4.6.12, 9.3.2, 11.3.1.4, 13.4.2, 13.5 4.5, 4.7.4, 4.9, 8.3.1, 10.1.2, 11.3.9, 11.3.10 4.1 4.6.9 of Payment Architect, Definition of Architect, Extent of Authority Architect, Limitations of Authority and Responsibility Architect's Additional Services and Expenses Architect's Administration of the Contract Architect's Approvals Architect's Authority to Reject Work Architect's Copyright Architect's Decisions 4.1.1 2.4.1, 3.12.6, 4.6.6, 4.7.2, 5.2, 6.3, 7.1.2, 7.2.1, 7.4, 9.2, 9.3.1, 9.4, 9.5, 9.6.3, 9.8.2, 9.8.3, 9.10.1, 9.10.3, 12.1, 12.2.1, 13.5.1, 13.5.2, 14.2.2, 14.2.4 3.3.3, 3.12.8, 3.12.11, 4.6.5, 4.6.6, 4.6.10, 4.6.12, 4.6.17, 4.6.19, 4.6.20, 4.7.2, 5.2.1, 7.4, 9.6.4 2.4, 9.8.2 11.3.1.1, 12.2.1, 12.2.4, 13.5.2, 13.5.3, 14.2.4 4.6, 4.7.6, 4.7.7, 4.8, 9.4, 9.5 2.4.1, 3.5.1, 3.10.3, 3.12.6, 3.12.8, 3.18.3, 4.6.12 3.5.1, 4.6.10, 12.1.2, 12.2.1 1.3 4.6.10, 4.6.12, 4.6.18, 4.6.19, 4.6.20.4.7.2, 4.7.6, 4.8.1, 4.8.4, 4.9, 6.3, 8.1.3, 8.3.1, 9.2, 9.4, 9.5.1, 9.8.2, 9.9.1, 10.1.2, Inst AIA Document A201/CMaTm —1992. Copyright ®1992 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 reserved,. Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Omer No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) This Agreement is entered into as of the day and year first written above and is executed in at least four original copies of which one is to be delivered to the Contractor, one each to the Construction Manager and Architect for use in the administration of the Contract, and the remainder to the Owner. OWNER (nTV nF uFRln1AM �- Zmea! A)e-ei-4 Approved by City Council 0' 1- ! T 1-0 ' Attest: William G. Berg, Jr. - CONTRACTOR Americm WaHcuxer, Inc. (91nature) f� (Printed n me and title) U� {"� ' S*� Init. AIA Document A101/CMeT"' —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of It, 1 O may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 15:4121 on 08/14/2007 under Omer No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (3507941205) 0 E2.2F First Floor Fire Alarm Plan - Area 2 E2.12L First Floor Lighting Plan - Area 2 E2.12M First Floor Mechanical Power Plan - Area 2 E2.12P First Floor Power Plan - Area 2 E2.12S First Floor Special Systems Plan - Area 2 E2.21F Second Floor Fire Alarm Plan - Area 1 E2.21L Second Floor Lighting Plan - Area 1 E2.21M Second Floor Mechanical Power Plan - Area 1 E2.21P Second Floor Power Plan - Area 1 E2.21 S Second Floor Special Systems Plan - Area 1 E2.22F Second Floor Fire Alarm Plan - Area 2 E2.22L Second Floor Lighting Plan - Area 2 E2.22M Second Floor Mechanical Power Plan - Area 2 E2.22P Second Floor Power Plan - Area 2 E2.22S Second Floor Special Systems Plan - Area 2 E2.21F Third Floor Fire Alarm Plan - Area 1 E2.21L Third Floor Lighting Plan - Area 1 E2.21M Third Floor Mechanical Power Plan - Area 1 E2.21P Third Floor Power Plan - Area 1 E2.21 S Third Floor Special Systems Plan - Area 1 E2.22F Third Floor Fire Alarm Plan - Area 2 E2.22L Third Floor Lighting Plan - Area 2 E2.22M Third Floor Mechanical Power Plan - Area 2 E2.22P Third Floor Power Plan - Area 2 E2.22S Third Floor Special Systems Plan - Area 2 E2.40 Overall -Roof Electrical Plan E2.50 Penthouse Electrical Plans E3.00 Electrical Schedules E3.01 Electrical Schedules E3.02 Electrical Schedules E3.03 Electrical Schedules E3.04 Electrical Schedules E3.05 Electrical Schedules E4.0 Electrical Details E4.1 Electrical Details E5.0 One Line Diagram E6.1 Lighting Compliance Certificate Addendum B A2.11TFR First Floor Finish Plan -Area 1 A2.12TFR First Floor Finish Plan -Area 2 ELL Site Electrical Plan E1.1 Shell and Core Site Electrical Details E2.O1F Basement Fire Alarm Plan- Area 1 E2.01L Basement Lighting Plan- Area 1 E2.01M Basement Mechanical Power Plan- Area 1 E2.01P Basement Power Plan- Area 1 E2.01S Basement Special Systems Plan- Area 1 E2.02F Basement Fire Alarm Plan -Area 2 E2.02L Basement Lighting Plan -Area 2 E2.02M Basement Mechanical Power Plan -Area 2 E2.02P Basement Power Plan -Area 2 E2.02S Basement Special Systems Plan -Area 2 E2.1 IF First Floor Fire Alarm Plan -Area 1 E2.11L First Floor Lighting Plan -Area 1 E2.11 M First Floor Mechanical Power Plan -Area' l' E2.1 IP First Floor Power Plan -Area 1 Init. AIA Document A101/CN Tu -1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 15:4121 on 08/14/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (3507941205) 0 A2.00T Overall- Basement Floor Plan A2.01T Basement Floor- Area 1 Floor Plan A2.O1TF Basement Floor- Area 1 Floor Finish Plan A2.1 OT Overall- First Floor Plan A2.1 IT First Floor -Area 1 Floor Plan A2.11TF First Floor -Area 1 Floor Finish Plan A2.12T First Floor -Area 1 Floor Plan A2.12TF First Floor -Area 2 Floor Finish Plan A2.20T Overall -Second Floor Plan A2.21T Second Floor -Area 1 Floor Plan A2.21TF Second Floor -Area 1 Floor Finish Plan A2.22T Second Floor -Area 2 Floor Plan A2.22TF Second Floor -Area 2 Floor Finish Plan A2.30T Overall -Third Floor Plan A2.31T Third Floor -Area 1 Floor Plan A2.31TF Third Floor -Area 1 Floor Finish Plan A2.32T Third Floor -Area 2 Floor Plan A2.32TF Third Floor -Area 2 Floor Finish Plan A2.40T Overall -Penthouse Floor Plan A2.6T Room Finish Schedules A3.OT Door and Window Schedules Frame Types A3.17 Door and Window Details A3.2T Shell Window Frame Types A3.3T Door and Window Details A3.4T Door and Window Details A4.4T Building Sections A4.5T Building Sections A5.OT Wall Sections A5.1T Wall Sections A5.2T Wall Sections A6.OT Enlarged Floor Plans A6.1T Enlarged Floor Plans A6.2 Interior Elevations AUT Interior Elevations A6.4T Interior Elevations A6.5T Interior Elevations A6.6T Interior Elevations A63T Interior Elevations AUT Interior Elevations A6.9T Interior Elevations A6.1 OT Interior Elevations A6.1 IT Interior Elevations A6.12T Interior Elevations A7.O1T Basement Floor Reflected Ceiling Plan -Area 1 A7.02T Basement Floor Reflected Ceiling Plan -Area 2 A7.12T First Floor Reflected Ceiling plan -Area 1 A7.21T Second Floor Reflected Ceiling Plan -Area 1 A7.22T Second Floor Reflected Ceiling Plan -Area 2 A7.31T Third Floor Reflected Ceiling Plan -Area 1 A7.32T Third Floor Reflected Ceiling Plan -Area 2 AUT Wall Types and Detail A8.1 T Interior Details AUT Interior Details AUT Interior Details A8.4T Interior Details A9.OT Elevator Plans and Sections MECHANICAL • Init.AIA Document A101/CMa*M -1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Trestles. Unauthorized reproduction or distribution of this AIA® Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 15:4121 on 09/14/2007 under Order No. 1000295111 -1 which expires on 4/4/2009, and is not for resale. User Notes: (3507941205) § 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: § 5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the Schedule of Values, less retainage of Five Percent ( 5% ). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included as provided in Section 7.3.7 of the General Conditions; § 5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of ( ); § 5.6.3 Subtract the aggregate of previous payments made by the Owner; and § 5.6.4 Subtract amounts, if any, for which the Construction Manager or Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of the General Conditions. § 5.7 The progress payment amount determined in accordance with Section 5.6 shall be further modified under the following circumstances: § 5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to ( ) of the Contract Sum, less such amounts as the Construction Manager recommends and the Architect determines for incomplete Work and unsettled claims; and § 5.7.2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Section 9.10.3 of the General Conditions. § 5.8 Reduction or limitation of retainage, if any, shall be as follows: (If it is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in Sections 5.6.1 and 5.6.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) ARTICLE 6 FINAL PAYMENT Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when (1) the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work as provided in Section 12.2.2 of the General Conditions and to satisfy other requirements, if any, which necessarily survive final payment; and (2) a final Project Certificate for Payment has been issued by the Construction Manager and Architect; such final payment shall be made by the Owner not more than 30 days after the issuance of the final Project Certificate for Payment, or as follows: ARTICLE 7 MISCELLANEOUS PROVISIONS § 7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 7.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) ( ) per annum Init. AIA Document A101/CMeTM —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 4 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 15:41:21 on 08/14/2007 under Order No.1000295111_1 which expires on 4/412008, and is not for resale. User Notes: (3507941205) ARTICLE 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 execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement; these form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement is the date from which the Contract Time of Section 3.2 is measured, and shall be the date of this Agreement, as first written above, unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Paragraphs deleted) October 1, 2007 § 3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than ) days after the Date of Commencement. (Insert the calendar date or number of calendar days after the date of commencement. Also insert any requirements for earlier Substantial Completion of certain portions of the Work, if not stated elsewhere in the Contract Documents.) Portion of Work Substantial Completion date Provide all labor, material, tools, and equipment to July 1, 2008 complete the wood framing as noted on the drawings and per the following: Division I — General Requirements Section 06100 — Rough Carpentry Section 06200 — Finish Carpentry This bid package specifically includes: • Furnish and install all wood framing per the specifications and project plans. • Furnish and install all interior wall and ceiling backing and blocking. • Furnish and install all exterior wood materials including nailers, fillers, backing, and blocking. • Furnish and install all backing and blocking for all AudioNisual components per Specification Section 13150. , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to complete on time.) Init AIA Document A101/CM@Tm —1992. Copyright ®1992 by The American Institute of Architects. Ali rights reserved WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIO Document, or any portion of it, 2 may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 15:4121 on 08/14/2007 under Order No.10002951111 which expires on 4/4/2008, and is not for resale. User Notes: (3507941205) v _ = � Document A101 / MaTu -1992 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM AGREEMENT made as of the day of in the year of (In words, indicate day, month and year) BETWEEN the Owner: (Name and address) CITY OF MERIDIAN 33 East Idaho Avenue Meridian, Idaho 83642-230 and the Contractor: (Name and address) Simplex -Grinnell. LP 12443 West Executive Boise, Idaho 83713 For the following Project: (Include detailed description of Project, location, address and scope.) New Meridian City Hall 33 East Broadway Avenue Meridian, Idaho 83642 An approximately 100,000 square foot, multi -story city hall office building with a basement. The Construction Manager is: (Name and address) PETRA INCORPORATED 1097 N. Rosario Street Meridian, Idaho 83646 The Architect is: (Name and address) LCA ARCHITECTS, P.A. 1221 Shoreline Lane Boise, Idaho 83702 The Owner and Contractor agree as set forth below. 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 Reportthat 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. The 1992 Edition of AIA Document A201/CMa,General Conditions of the Contract for Construction, Construction Manager -Adviser Edition, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. Init. AIA Document A101/Clui`arm —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International. Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 1 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 09:16:27 on 08/15/2007 under Order No.10002951 1 1_1 which expires on 41412008, and is not for resale. (2307587197) User Notes: grout, painting and finishing, sprinkler heads, valves, fitting, controls, labels, supports and anchorages. Fire caulking and safing of fire protection related penetrations, per building code requirements. • Fire waterline complete from the street connection, extended to the riser inside the building, including excavation, backfill and compaction per soils report requirements. subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to complete on time.) The Contractor acknowledges and agrees that the Owner will suffer financial loss in an amount that is difficult to quantify if the Work is not substantially complete on the date set forth in the Contract Documents. The Owner shall have the option to assess liquidated damages against the Contractor (and its surety, if any) in an amount of Five Hundred & N0/100 Dollars ($500.00) per calendar day, for each calendar day of delay until the Work is substantially complete. The Contractor acknowledges and agrees that the amounts set forth above are a reasonable estimate of the damages that will likely be incurred by Owner in the event the Work is not substantially complete by the date set forth in the Contract Documents, and not a penalty. If responsibility for a delay in substantial completion shared by the Contractor and others, Owner may reasonably apportion the damages between such responsible parties. The right to assess liquidated damages is in addition to, and not in limitation of, any right or remedy available to the Owner or to protect the Owner to address delay by the Contractor, whether such right or remedy is under law, in equity or under Contract Documents. ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of Four Hundred Twelve Thousand, Eight Hundred Seventy Nine Dollars & NO/100 ($ 412,879.00), subject to additions and deductions as provided in the Contract Documents. § 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If decisions on other alternates are to be made by the Owner subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date until which that amount is valid.) § 4.3 Unit prices, if any, are as follows: Description Units Price ($ 0.00) ARTICLE 5 PROGRESS PAYMENTS § 5.1 Based upon Applications for Payment submitted by the Contractor to the Construction Manager, and upon Project Applications and Certificates for Payment issued by the Construction Manager and Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 5.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: § 5.3 Provided an Application for Payment is submitted to the Construction Man Ier not later than the 25th day of a month, the Owner shall make payment to the Contractor not later than the 20 day of the following month. If AIA Document A101/CUeTM —1992. Copyright m 1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document Is Init. protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 09:1627 on 08/15/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (2307587197) ARTICLE 7 MISCELLANEOUS PROVISIONS § 7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 7.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) ( ) per annum (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Contractor's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) § 7.3 Temporary facilities and services: (Here insert temporaryfacilities and services which are different from or in addition to those included elsewhere in the Contract Documents.) § 7.4 Other Provisions: (Here list any special provisions affecting the Contract.) ARTICLE 8 TERMINATION OR SUSPENSION § 8.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of the General Conditions. § 8.2 The Work may be suspended by the Owner as provided in Article 14 of the General Conditions. ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: § 9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor, AIA Document A101/CMa, 1992 Construction Manager -Adviser Edition. § 9.1.2 The General Conditions are the General Conditions of the Contract for Construction, AIA Document A201/CMa, 1992 Construction Manager -Adviser Edition. § 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated and are as follows: Document Title Pages Volume 2 Phase Ill Bidding/General 218 Conditions § 9.1.4 The Specifications are those contained in the Project Manual dated as in Section 9.1.3, and are as follows: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Titleof Specifications exhibit: Volume I - Technical Specifications 904 pages Init. AIA Document A101/CMaT" —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIAe Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 5 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 09:16:27 on 08/15/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. er UsNotes: (2307587197) • A7.02T Basement Floor Reflected Ceiling Plan -Area 2 A7.12T First Floor Reflected Ceiling plan -Area I A7.21T Second Floor Reflected Ceiling Plan -Area 1 A7.22T Second Floor Reflected Ceiling Plan -Area 2 A7.31T Third Floor Reflected Ceiling Plan -Area 1 A7.32T Third Floor Reflected Ceiling Plan -Area 2 AUT Wall Types and Detail AUT Interior Details AUT Interior Details AUT Interior Details A8.4T Interior Details A9.OT Elevator Plans and Sections MECHANICAL PO.0 Mechanical Cover Sheet PO.001 Basement Foundation Plumbing Plan Area 1 PO.002 Basement Foundation Plumbing Plan Area 2 PO.01 Basement Waster Plan Area 1 PO.02 Basement Waste Plan Area 2 P1.11 First Floor Plumbing Plan Area 1 P1.12 First Floor Plumbing Plan Area 2 P2.11 Second Floor Plumbing Plan Area 1 P2.12 Second Floor Plumbing Plan Area 2 P3.11 Third Floor Plumbing Plan Area 1 P3.12 Third Floor Plumbing Plan -Area 2 P5.0 Plumbing Details P5.1 Plumbing Details MO.11 Basement Floor HVAC Ceiling Plan Area 1 M1.12 Basement Floor HVAC Ceiling Plan Area 2 M1.01 First Floor HVAC Floor Plan Area 1 M1.02 First Floor HVAC Floor Plan Area 2 M1.11 First Floor HVAC Ceiling Plan Area 1 M1.12 First Floor HVAC Ceiling Plan Area 2 M2.01 Second Floor HVAC Floor Plan Area 1 M2.02 Second Floor HVAC Floor Plan Area 2 M2.11 Second Floor HVAC Floor Plan Area 1 M2.12 Second Floor HVAC Ceiling Plan Area 2 M3.01 Third Floor HVAC Floor Plan Area 1 M3.02 Third Floor HVAC Ceiling Plan Area 1 M3.11 Third Floor HVAC Ceiling Plan Area 1 M3.12 Third Floor HVAC Ceiling Plan Area 2 M4.11 Fourth Floor HVAC Floor Plan Area 1 M4.12 Fourth Floor HVAC Floor Plan Area 2 M5.01 HVAC Roof Plan Area 1 M5.02 HVAC Roof Plan Area 2 M6.0 HVAC Schedules M6.1 HVAC Details M6.2 Hydronic Piping Schematic FPO.1 Basement Floor Overall Fire Protection Plan FP1.0 First Floor Overall Fire Protection Plan FP2.0 Second Floor Overall Fire Protection Plan (Table deleted) FP3.0 Third Floor Overall Fire Protection Plan FP4.0 Fourth Floor Overall Fire Protection Plan ELECTRICAL ELL Site Electrical Plan ELI Shell and Core Site Electrical Details E2.0IF Basement Fire Alarm Plan - Area 1 ���� AIA Document A101/CNIaTm -1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of It, 7 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 09:16:27 on 08/15/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (2307587197) Ll E2.01L Basement Lighting Plan- Area 1 E2.01M Basement Mechanical Power Plan- Area 1 E2.01P Basement Power Plan- Area 1 E2.01S Basement Special Systems Plan- Area 1 E2.02F Basement Fire Alarm Plan -Area 2 E2.021, Basement Lighting Plan -Area 2 E2.02M Basement Mechanical Power Plan -Area 2 E2.02P Basement Power Plan -Area 2 E2.02S Basement Special Systems Plan -Area 2 E2.11F First Floor Fire Alarm Plan -Area 1 E2.11L First Floor Lighting Plan -Area 1 E2.11 M First Floor Mechanical Power Plan -Area' l' E2.11P First Floor Power Plan -Area 1 E2.1 IS First Floor Special Systems Plan -Area 1 E2.12F First Floor Fire Alarm Plan -Area 2 E2.12L First Floor Fire Alarm Plan -Area 1 E2.12L First Floor Lighting Plan -Area 2 E2.12M First Floor Mechanical Power Plan -Area 2 E2.12P First Floor Power Plan -Area 2 E2.12S First Floor Special Systems Plan -Area 2 E2.21F Second Floor Fire Alarm Plan -Area 1 E2.21L Second Floor Lighting Plan -Area 1 E2.21M Second Floor Mechanical Power Plan -Area 1 E2.21P Second Floor Power Plan -Area 1 E2.21S Second Floor Special Systems Plan -Area 1 E2.22F Second Floor Fire Alarm Plan -Area 2 E2.22L Second Floor Lighting Plan -Area 2 E2.22M Second Floor Mechanical Power Plan -Area 2 E2.22P Second Floor Power Plan -Area 2 E2.22S Second Floor Special Systems Plan -Area 2 E2.3 IF Third Floor Fire Alarm Plan -Area 1 E2.31L Third Floor Lighting Plan -Area 1 E2.31M Third Floor Mechanical Power Plan -Area 1 E2.31P Third Floor Power Plan -Area 1 E2.31S Third Floor Special Systems Plan -Area 1 E2.32F Third Floor Fire Alarm Plan -Area 2 E2.32L Third Floor Lighting Plan -Area 2 E2.32M Third Floor Mechanical Power Plan -Area 2 E2.32P Third Floor Power Plan -Area 2 E2.32S Third Floor Special Systems Plan -Area 2 E2.40 Overall -Roof Electrical Plan E2.50 Penthouse Electrical Plans E3.00 Electrical Schedules E3.01 Electrical Schedules E3.02 Electrical Schedules E3.03 Electrical Schedules E3.04 Electrical Schedules E3.05 Electrical Schedules E4.00 Electrical Details E4.01 Electrical Details E5.00 One Line Diagram E5.01 Lighting Compliance Certificate § 9.1.6 The Addenda, if any, are as follows: AIA Document A101/CUaym -1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is Init. protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 9 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 09:16:27 on 08/15/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (2307587197) 0 two Fire & Security Siinplexarinnell September Sth, 2007 PETRA Incorporated 1097 N. Rosario St. Meridian, ID 83642 Attn: WESLEY W. BETTIS, JR Construction Manager C� SimplexGrinnell LP 12443 W. Executive Dr. Boise, Idaho 83713 Tele: (208) 376-2111 Fax: (208) 376-2192 www.simplexgrinnell.com Reference: AIA Document A101CMa and A201/CMa for the Meridian City Hall Fire Sprinkler System Dear Wes, SimplexGrinnell is willing to accept the contract for the installation of the fire sprinkler system as originally proposed and we formally thdr w our proposed amendment letter. If you have any further questions, please let me know. Thank you. Sincerely, Christopher Willis, SET District General Manager SimplexGrinnell I 'I 0 • -i1A Document A201/CMa - 1992 General Conditions of the Contract for Construction where the Construction Manager is NOT a Constructor for the following PROJECT: (Name and location or address): ADDITIONS AND DELETIONS: New Meridian City Hall The author of this document has 33 East Broadway Avenue added information needed for its Meridian, Idaho 83642 completion. The author may also have revised the text of the original THE OWNER: AIA standard form. An Additions and (Name and address): Deletions Report that notes added CITY OF MERIDIAN information as well as revisions to 33 East Idaho Avenue the standard form text is available Meridian, Idaho 83642-2300 from the author and should be reviewed. A vertical line in the left THE ARCHITECT: margin of this document indicates (Name and address): where the author has added LCA ARCHITECTS, P.A. necessary information and where 1221 Shoreline Lane the author has added to or deleted Boise, Idaho 83702 from the original AIA text. This document has important legal consequences. Consultation with an TABLE OF ARTICLES attorney is encouraged with respect to its completion or modification. 1 GENERAL PROVISIONS 2 OWNER 3 CONTRACTOR 4 ADMINISTRATION OF THE CONTRACT 5 SUBCONTRACTORS 6 CONSTRUCTION BY OWNER OR BY OTHER CONTRACTORS 7 CHANGES IN THE WORK 8 TIME 9 PAYMENTS AND COMPLETION 10 PROTECTION OF PERSONS AND PROPERTY 11 INSURANCE AND BONDS 12 UNCOVERING AND CORRECTION OF WORK 13 MISCELLANEOUS PROVISIONS 14 TERMINATION OR SUSPENSION OF THE CONTRACT AIA Document A201/CMaTM —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is Init. protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) 0 ! AIA Document A201/CNIaTm —1992. Copyright m 1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is Init• protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, $ may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No.10002951 1 1_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) 13.5.2, 4.6.16, 4.7.6, 14.2.2, 14.2.4 9.4.3, 9.5.1, Architect's Inspections 4.6.5, 4.6.16, 9.8.2, 9.9.2, 4.7.6, 9.4.3, 9.10.1, 13.5 9.8.2, 9.9.2, Asbestos 10.1.2, 9.10.1, 13.5 10.1.3,.10.1.4 Architect's Instructions 4.6.10, Attorneys' Fees 3.18.1, 4.6.12, 7.4.1, 9.10.2, 10.1.4 9.4.3, 12.1, Award of Separate 6.1.1 13.5.2 Contracts Architect's Interpretations 4.6.18, Award of Subcontracts 5.2 4.6.19, 4.7.7 and Other Contracts for Architect's On -Site 4.6.5, 4.6.9, Portions of the Work Observations 4.7.6, 9.4.3, Basic Definitions 1.1 9.5.1, 9.10.1, Bidding Requirements 1.1.1, 1.1.7, 13.5 5.2.1, 11.4.1 Architect's Project 4.6.17 Boiler and Machinery 11.3.2 Representative Insurance Architect's Relationship 1.1.2, 3.2.1, Bonds, Lien 9.10.2 with Contractor 3.2.2, 3.3.3, Bonds, Performance and 7.3.6.4, 3.5.1, 3.7.3, Payment 9.10.3, 3.11, 3.12.8, 11.3.9, 11.4 3.12.11, 3. 16, Building Permit 2.2.3, 3.7.1 3.18, 4.6.6, Capitalization 1.4 4.6.7, 4.6.10, Certificate of Substantial 9.8.2 4.6.12, Completion 4.6.19, 5.2, Certificates for Payment 4.6.8, 4.6.9, 6.2.2, 7.3.4, 9.3.3, 9.4, 9.8.2, 10.1.2, 9.5, 9.6.1, 10.1.4, 9.6.6, 9.7.1, 10.1.5, 9.8.3, 9.10.1, 11.3.7, 12.1, 9.10.3, 13.7, 13.5 14.1.1.3, Architect's Relationship 1.1.2, 2.4.1, 14.2.4 with Construction Manager 3.12.6, Certificates of Inspection, 3.12.11, 3.12.8, 4.6.8, Testing or Approval 13.5.4 4.6.10, Certificates of Insurance 9.3.2, 9.10.2, 4.6.14, 11.1.3 4.6.16, Change Orders 1.1.1, 2.4.1, 4.6.18, 6.3.1, 3.8.2.4, 9.7.1, 9.8, 3.11.1, 9.9.1,9.9.2, 4.6.13, 4.7.3, 9.10.1, 5.2.3, 7.1, 9.10.2, 7.2, 7.3.2, 9.10.3, 8.3.1, 9.3.1.1, 12.2.4, 9.10.3, 13.5.1, 11.3.1.2, 13.5.2, 11.3.4, 13.5.4, 14.2.4 11.3.9, 12.1.2 Architect's Relationship 1.1.2, 4.6.6, Change Orders, Definition 7.2.1 with Subcontractors 4.6.7, 4.6.10, of 5.3.1, Changes 7.1 9.6.3,9.6.4, CHANGES IN THE 3.11, 4.6.13, 11.3.7 WORK 4.6.14, 7, Architect's Representations 9.4.3, 9.5.1, 8.3.1, 9.3.1.1, 9.10.1 10.1.3 Architect's Site Visits 4.6.5, 4.6.9, Claim, Definition of 4.7.1 AIA Document A201/CNIaTm —1992. Copyright m 1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is Init• protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, $ may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No.10002951 1 1_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) and Responsibility Construction Manager, and Submittals Construction Manager's Additional Services and Expenses Construction Manager's Administration of the Contract Construction Manager's Approval Construction Manager's Authority to Reject Work Construction Manager's Decisions Construction Manager's Inspections Construction Manager's On -Site Observations Construction Manager's Relationship with Architect Construction Manager's Relationship with Contractor 0 3.10.3 12.2.1, 12.2.4 4.6, 9.4, 9.5 2.4.1, 3.10.3 4.6.10, 12.2.1 7.3.6, 7.3.7, 7.3.8, 9.3.1, 9.4.1, 9.5.1 4.6.10, 9.4.3, 9.8.2, 9.9.2, 12.1.1 9.5.1 1.1.2, 4.6.8, 4.6.10, 4.6.11, 4.6.14, 4.6.16, 4.6.18, 6.3.1, 9.2.1, 9.4.2, 9.4.3, 9.51, 9.6.1, 9.6.3, 9.8.2,9.8.3 , .8.2,9.8.3, 9.9.1, 9.10.1, 9.10.2, 9.10.3, 11.1.3, 12.2.4, 13.5.1, 13.5.2, 13.5.4, 14.2.2, 14.2.4 3.2.1, 3.2.2 3.3.1, 3.3.3, 3.5.1, 3.7.3, 3.10.1, 3.10.2, 3.10.3, 3.11.1, 3.12.5, 3.12.6, 3.12.8, 3.12.9, 3.12.10, 3.12.11, 3.13.2, 3.14.2, 3.15.2, 3.16.1, 0 Construction Manager's Relationship with Owner Construction Manager's Relationship with Other Contractors and Owner's Own Forces Construction Manager's Relationship with Subcontractors Construction Manager's Representations Construction Manager's Site Visits Construction Schedules, Contractor's Contingent Assignment of Subcontracts Continuing Contract Performance Contract, Definition of CONTRACT, TERMINATION OR SUSPENSION OF THE Contract Administration Contract Award and Execution, Conditions Relating to Contract Documents, The Contract Documents, Copies Furnished and Use of 3.17.1, 3.18.1, 3.18.3, 4.6.3, 4.6.4, 4.6.6, 4.6.11, 5.2, 6.2.1, 6.2.2, 7.1.2, 7.2.1, 7.3.4, 7.3.6, 7.3.9, 8.3.1, 9.2.1,9.3.1, 9.4.1, 9.4.2, 9.4.3, 9.7.1, 9.8.2, 9.9.1, 9.10.1, 9.10.2, 9.10.3, 10.1.1, 10.1.2, 10.1.5, 10.2.6, 11.3.7, 12.1, 13.5.1, 13.5.2, 13.5.3, 13.5.4 2.2.3, 4.6.1, 4.6.2, 10.1.6 4.6.3 4.6.10, 5.3.1, 9.6.3, 9.6.4 9.4.3, 9.5.1 9.4.4, 9.5.1 3.10, 4.6.3, 4.6.4 5.4 4.7.4 1.1.2 4.7.7, 5.4.1.1, 14 3.3.3, 4, 9.4, 9.5 3.7.1, 3.10, 5.2,9.2, 11.1.3, 11.3.6, 11.4.1 1.1, 1.2, 7 1.3, 2.2.5, 5.3 Inst. AIA Document A201/CMIaTM —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 5 may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No. 1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) 0 Inst. AIA Document A201/CMaTM —1992. Copyright m 1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 7 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) 9.10.3, 9.5.1.6, 9.7 10.1.2, 11.4.2 Date of Commencement of 8.1.2 Contractor's 3.9, 10.2.6 the Work, Definition of Superintendent Date of Substantial 8.1.3 Contractor's Supervision 1.2.4, 3.3, Completion, Definition of and Construction 3.4, 4.6.6, Day, Definition of 8.1.4 Procedures 8.2.2, 8.2.3, Decisions of the Architect 4.6, 4.7, 6.3, 10 8.1.3, 8.3.1, Contractual Liability 11.1.1.7, 9.2, 9.4, Insurance 11.2.1, 9.5.1, 9.8.2, 11.3.1.5 9.9.1, 10.1.2, Coordination and 1.2.2, 1.2.4, 13.5.2, Correlation 3.3.1, 3.10, 14.2.2, 14.2.4 3.12.7, 6.2.1 Decisions of the 4.3, 7.3.6, Copies Furnished of 1.3, 2.2.5, Construction Manager 7.3.7, 7.3.8, Drawings and 3.11 9.3.1, 9.4.1, Specifications 9.4.3, 9.5.1 Correction of Work 2.3, 2.4, Decisions to Withhold 9.5, 9.7, 3.2.1, 4.6.1, Certification 14.1.1.3 9.8.2, 9.9.1, Defective or 12.1.2, 12.2, Nonconforming Work, 13.7.1.3 Acceptance, Cost, Definition of 7.3.6 Rejection and Correction of 2.3, 2.4, Costs 2.4, 3.2.1, 3.5.1, 4.6.1, 3.7.4, 3.8.2, 4.6.10, 4.7.5, 3.15.2., 4.7.6, 9.5, 9.8.2, 4.7.7, 4.7.8.1, 9.9.1, 10.2.5, 5.2.3, 6.1.1, 12, 13.7.1.3 6.2.3, 6.3.1, Defective Work, Definition 3.5.1 7.3.3.3, 7.3.6, of 7.3.7, 9.7, Definitions 1.1, 2.1.1, 9.8.2, 9.10.2, 3.1, 3.5.1, 11.3.1.2,11.3. 3.12.1, 1.3, 11.3.4, 3.12.2, 11.3.9, 12.1, 3.12.3, 4.1.1, 12.2.1, 4.2.1, 4.7.1, 12.2.4, 5.1, 6.1.1, 12.2.5, 13.5, 7.2.1, 7.3.1, 14 7.3.6, 8.1, Cutting and Patching 3.14, 6.2.6 9.1, 9.8.1 Damage to Construction of Delays and Extensions of 4.7.1, 4.7.8.1, Owner or Other Time 4.7.8.2, 6.1.1, Contractors 3.14.2, 6.2.4, 6.2.3, 7.2.1, 9.5.1.5, 7.3.1.3, 7.3.4, 10.2.1.2, 7.3.5, 7.3.8, 10.2.5, 10.3, 7.3.9, 8.1.1, 11.1, 11.3, 8.3, 10.3.1, 12.2.5 14.1.1.4 Damage to the Work 3.14.2, 9.9.1, Disputes 4.7, 4.8, 4.9, 10.2.1.2, 6.2.5, 6.3, 10.2.5, 10.3, 7.3.8, 9.3.1.2 11.3 Documents and Samples at 3.11 Damages, Claims for 3.18, 4.6.9, the Site 6.1.1, 6.2.5, Drawings, Definition of 1.1.5 8.3.2, 9.5.1.2, Drawings and 10.1.4 Specifications, Use and Damages for Delay 6.1.1, 8.3.3, Ownership of Inst. AIA Document A201/CMaTM —1992. Copyright m 1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 7 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) AJ Insurance Companies, 9.9.1, 11.3.11 Consent to Partial Occupancy Insurance Companies, 11.3.10 Settlement with Intent of the Contract 1.2.3, 3.12.4, Documents 4.6.10, 4.6.12, 4.6.19, 4.6.20, 7.4 Interest 13.6 Interpretation 1.2.5, 1.4, 1.5, 4.1.1, 4.7.1, 5.1, 6.1.2, 8.1.4 Interpretations, Written 4.6.18, 4.6.19, 4.7.7 Joinder and Consolidation 4.9.5 of Claims Required Judgment on Final 4.9.1, 4.9.4.1, Award 4.9.7 Labor and Materials, 1.1.3, 1.1.6, Equipment 3.4, 3.5.1, 3.8.2, 3.12.2, 3.12.3, 3.12.7, 3.12.11, 3.13, 3.15.1, 4.6.12, 6.2.1, 7.3.6, 9.3.2, 9.3.3, 12.2.4, 14.1.2, 14.2.1, 14.2.2 Labor Disputes 8.3.1 Laws and Regulations 1.3, 3.6, 3.7, 3.13, 4.1.1, 4.9.5, 4.9.7, 9.9.1, 10.2.2, 11.1, 11.3, 13.1, 13.4.1, 13.5.1, 13.5.2, 13.6 Liens 2.1.2, 4.7.2, 4.7.5.1, 8.2.2, 9.3.3, 9.10.2 Limitation on 4.9.5 Consolidation or Joinder Limitations, Statutes of 4.9.4.2, 12.2.6, 13.7 Limitations of Authority 3.3.1, 4.6.12, 4.6.17, 5.2.2, 5.2.4, 7.4, 11.3.10 Limitations of Liability 2.3, 3.2.1, 3.5.1, 3.7.3, 3.12.8, 3.12.11, 3.17, Limitations of Time, General Limitations of Time, Specific Loss of Use Insurance Material Suppliers 6 3.18, 4.6.10, 4.6.12, 4.6.19, 6.2.2, 9.4.3, 9.6.4, 9.10.4, 10.1.4, 10.2.5, 11.1.2, 11.2.1, 11.3.7, 13.4.2, 13.5.2 2.2.1, 2.2.4, 3.2.1, 3.7.3, 3.8.2, 3.10, 3.12.5, 3.15.1, 4.6.1, 4.6.12, 4.6.18, 4.7.2, 4.7.3, 4.7.4, 4.7.6,.4.7.9, 4.6.4.2, 5.2.1, 5.2.3, 6.2.4, 7.3.4, 7.4, 8.2, 9.2, 9.5, 9.6.2, 9.8, 9.10, 11.1.3, 11.3.1, 11.3.2, 11.3.5, 11.3.6, 12.2.1, 12.2.2, 13.5, 13.7, 14.3 2.1.2, 2.2.1, 2.4, 3.10, 3.11, 3.15.1, 4.6.1, 4.6.18, 4.7, 4.8, 4.9, 5.3, 5.4, 7.3.5, 7.3.9, 8.2, 9.3.1, 9.3.3, 9.4.1, 9.6.1, 9.7, 9.8.2, 9.10.2, 11.1.3, 11.3.6, 11.3.10, 11.3.11, 12.2.2, 12.2.4, 12.2.6, 13.7, 14.1, 14.2.2 11.33 1.3.1, 3.12.1, 4.6.7, 4.6.10, 5.2.1, 9.3.1, 9.3.1.2, 9.3.3, Ittit AIA Document A201/CNIaTr+-1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of It, 9 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No.10002951111 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) 0 0 Subrogation, Waivers of 6.1.1, 11.3.5, Extensions of 8.3 11.3.7 Time Limits, Specific 2.1.2, 2.2.1, Substantial Completion 4.6.16, 8.1.1, 2.4, 3.10, 8.1.3, 8.2.3, 4.6.18, 4.7, 9.8, 9.9.1, 4.8.1, 4.8.3, 12.2.1, 4.8.4, 4.9.1, 12.2.2, 13.7 4.9.4.1, Substantial Completion, 9.8.1 4.9.4.2, 5.3, Definition of 5.4, 7.3.5, Substitution of 5.2.3, 5.2.4 7.3.9, 8.2, Subcontractors 9.2, 9.3.1, Substitution of Architect 4.4 9.3.3, 9.4.1, Substitution of 4.4 9.6.1, 9.7, Construction Manager 9.8.2, 9.10.2, Substitutions of Materials 3.5.1 11.1.3, Sub -subcontractor, 5.1.2 11.3.6, Definition of 11.3.10, Subsurface Conditions 4.7.6 11.3.11, Successors and Assigns 13.2 12.2.2, Superintendent 3.9, 10.2.6 12.2.4, Supervision and 1.2.4, 3.3, 12.2.6, 13.7, Construction Procedures 3.4, 4.6.6, 14 4.7.4, 6.2.4, Time Limits on Claims 4.7.2, 4.7.3, 7.1.3, 7.3.4, 4.7.6, 4.7.9, 8.2, 8.3.1, 10, 4.8, 4.9 12,14 Title to Work 9.3.2, 9.3.3 Surety 4.8.1, 4.8.4, UNCOVERING AND 12 5.4.1.2, CORRECTION OF 9.10.2, WORK 9.10.3, 14.2.2 Uncovering of Work 12.1 Surety, Consent of 9.10.2, 9.10.3 Unforeseen Conditions 4.7.6, 8.3.1, Surveys 2.2.2, 3.18.3 10.1 Suspension by the Owner 14.3 Unit Prices 7.1.4, 7.3.3.2 for Convenience Use of Documents 1.1.1, 1.3, Suspension of the Work 4.7.7, 5.4.2, 2.2.5, 3.12.7, 14.1.1.4, 14.3 5.3 Suspension or Termination 4.7.7, 5.4.1.1, Use of Site 3.13; 6.1.1, of the Contract 14 6.2.1 Taxes 3.6, 7.3.6.4 Values, Schedule of 9.2, 9.3.1 Termination by the 14.1 Waiver of Claims: Final 4.7.5, 4.9.1, Contractor Payment 9.10.3 Termination by the 5.4.1.1, 14.2 Waiver of Claims by the 13.4.2 Owner for Cause Architect Termination of the 4.4 Waiver of Claims by the 9.10.4, Architect Contractor 11.3.7, 13.4.2 Termination of the 4.4 Waiver of Claims by the 4.7.5, 4.9.1, Construction Manager Owner 9.9.3, 9.10.3, Termination of the 14.2.2 11.3.3, Contractor 11.3.5, TERMINATION OR 14 11.3.7, 13.4.2 SUSPENSION OF THE Waiver of Liens 9.10.2 CONTRACT Waivers of Subrogation 6.1.1, 11.3.5, Tests and Inspections 3.3.3, 4.6.10, 11.3.7 4.6.16, 9.4.3, Warranty and 3.5, 4.6.16, 12.2.1,13.5 Warranties 4.7.5, 9.3.3, TIME 8 9.8.2, 9.9.1, Time, Delays and 4.7.8, 7.2.1, 12.2.2, Init.AIA Document A201/CUoTm —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 13 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No. 1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) 0 0 ARTICLE 1 GENERAL PROVISIONS § 1.1 BASIC DEFINITIONS § 1.1.1 THE CONTRACT DOCUMENTS The Contract Documents consist of the Agreement between Owner and Contractor (hereinafter 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 other documents such as bidding requirements (advertisement or invitation to bid, Instructions to Bidders, sample forms, the Contractor's bid 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 Architect and Contractor, (2) between the Construction Manager and Contractor, (3) between the Architect and Construction Manager, (4) between the Owner and a Subcontractor or Sub -subcontractor or (5) between any persons or entities other than the Owner and Contractor. The Construction Manager and Architect shall, however, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of their duties. § 1.1.3 THE WORK The term "Work" means the construction and services required, implied, or reasonably inferable from 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. The Work includes providing such supplementary or miscellaneous items, appurtenances and devises to the extent required by, or reasonably inferable from, the Contract Documents (whether shown or not) incidental to or necessary for a sound, secure, complete and functional installation. Further, the Work includes all labor, materials, equipment and services necessary to complete its Work in accordance with all applicable laws, including building related code requirements. § 1.1.4 THE PROJECT The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by other Contractors and by the Owner's own forces including persons or entities under separate contracts not administered by the Construction Manager. § 1.1.5 THE DRAWINGS The Drawings are the graphic and pictorial portions of the Contract Documents, wherever located and whenever issued, 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, construction systems, standards and workmanship for the Work, and performance of related services. § 1.1.7 THE PROJECT MANUAL The Project Manual is the volume usually assembled for the Work which may include the bidding requirements, sample forms, Conditions of the Contract and Specifications. § 1.1.8 FURNISH Unless specifically limited in context, the word "furnish" and any derivatives thereof shall mean to deliver the specified items, materials or equipment (and all necessary appurtenances to the extent required by, or reasonably inferable from, the Contract Documents for a proper installation) to the Project site and store in a secure location. Inst. AIA Document A201/CNtaTm —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 15 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No. 1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) 0 0 § 1.2.6 In the event of an inconsistency, conflict, or ambiguity between or among the Contract Documents that cannot be resolved consistent with the provisions of Sections 1.1 and 1.2, the Contractor shall request a clarification from the Construction Manager. For the purpose of determining which Work affected by an unresolved inconsistency, conflict, or ambiguity shall be presumed to be included in the Contract Sum, the Contract Documents shall take precedence in the following order: .1 Written modifications to the Agreement; Change Orders, Construction Change Directives and ASIs, with those a later date taking precedence over those of an earlier date; .2 The Agreement; .3 Written Supplementary Conditions, if any, to the General Conditions; .4 General Conditions; .5 Specifications; .6 Drawings. Drawing details shall have precedence over plans, sections and elevations. Drawings of a larger scale shall have precedence over those of a smaller scale. Figured dimensions shall have precedence over scaled dimensions. § 1.3 OWNERSHIP AND USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS § 1.3.1 The Drawings, Specifications and other documents prepared by the Architect are instruments of the Architect's service through which the Work to be executed by the Contractor is described. The Contractor may retain one contract record set. Neither the Contractor nor any Subcontractor, Sub -subcontractor or material or equipment supplier shall own or claim a copyright in the Drawings, Specifications and other documents prepared by the Architect, and unless otherwise indicated the Owner shall be deemed the author of them and will retain all common law, statutory and other reserved rights, in addition to the copyright. All copies of them, except the Contractor's record set, shall be returned or suitably accounted for to the Owner, on request, upon completion of the Work. The Drawings, Specifications and other documents prepared by the Architect, and copies thereof furnished to the Contractor, are for use solely with respect to this Project. They are not to be used by the Contractor or any Subcontractor, Sub -subcontractor or material or equipment supplier on other projects or for additions to this Project outside the scope of the Work without the specific written consent of the Owner. The Contractor, Subcontractors, Sub -subcontractors and material or equipment suppliers are granted a limited license to use and reproduce applicable portions of the Drawings, Specifications and other documents prepared by the Architect appropriate to and for use in the execution of their Work under the Contract Documents. All copies made under this license shall bear the statutory copyright notice, if any, shown on the Drawings, Specifications and other documents prepared by the Architect. 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 Owner's copyright or other reserved rights. § 1.3.2 Although Owner requested Architect to prepare Construction Documents that are accurate, adequate, consistent, coordinated, and sufficient for construction, OWNER MAKES NO REPRESENTATION OR WARRANTY OF ANY NATURE WHATSOEVER TO CONTRACTOR CONCERNING SUCH DOCUMENTS. Contractor again hereby acknowledges and represents that it has received, reviewed, and carefully examined such documents, has found them to be complete, accurate, adequate, consistent, coordinated, and sufficient for construction, and that Contractor has not, does not, and will not rely upon any representations or warranties by Owner concerning such documents, as no such representations or warranties have been or are hereby made. § 1.4 CAPITALIZATION § 1.4.1 Terms capitalized in these General Conditions include those which are (1) specifically defined, (2) the titles of numbered articles or (3) the titles of other documents published by the American Institute of Architects. § 1.5 INTERPRETATION § 1.5.1 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. § 1.6 RELATIONSHIP BETWEEN PROJECT TEAM MEMBERS § 1.6.1 The Owner and Contractor agree that their objectives for this Contract are to: .1 Complete the Project according to the highest standards of quality; .2 Complete the Project on time; .3 Complete the Project within or under budget or estimates; AIA Document A201/CMaTM —1992. Copyright ©1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is Init. protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 17 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No.10002951 11_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) 0 • § 2.2.5 Unless otherwise provided in the Contract Documents, the Contractor will be furnished, free of charge, such copies of Drawings and Project Manuals as are reasonably necessary for execution of the Work. § 2.2.6 The Owner shall forward all communications to the Contractor through the Construction Manager and shall contemporaneously provide the same communications to the Architect. § 2.2.7 The foregoing are in addition to other duties and responsibilities of the Owner enumerated herein and especially those in respect to Article 6 (Construction by Owner or by Other Contractors), Article 9 (Payments and Completion) and Article 11 (Insurance and Bonds). § 2.3 OWNER'S RIGHT TO STOP THE WORK § 2.3.1 If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents as required by Section 12.2 or persistently fails to carry out Work in accordance with the Contract Documents, the Owner, by written order signed personally or by an agent specifically so empowered by the Owner in writing, may order 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. § 2.4 OWNER'S RIGHT TO CARRY OUT THE WORK § 2.4.1 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven-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 cost of correcting such deficiencies, including compensation for the Construction Manager's and Architect's and their respective consultants' additional services and expenses made necessary by such default, neglect or failure. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. ARTICLE 3 CONTRACTOR § 3.1 DEFINITION; REPRESENTATIONS AND WARRANTIES § 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout this Agreement as if singular in number. The term "Contractor" means the Contractor or the Contractor's authorized representative. § 3.1.2 The plural term "Contractors" refers to persons or entities who perform construction under Conditions of the Contract that are administered by the Construction Manager, and that are identical or substantially similar to these Conditions. § 3.1.3 The Contractor makes the following express representations and warranties to the Owner, which shall survive the execution and delivery of the Agreement: .1 Contractor is fully qualified to act as a public works contractor for the Project and has, and shall maintain, any and all licenses, permits, or other authorizations necessary to perform the Work; .2 Contractor has become familiar with the Project site and the conditions under which the Project is to be constructed and operated; .3 Contractor has become familiar with all legal requirements applicable to the Work, including, not limited to, all applicable laws, statutes, ordinances and building codes; .4 Contractor has received, reviewed, compared, studied and carefully examined all of the Contract Documents and, except as reported, found them in all respects to be complete, accurate, adequate, consistent, coordinated and sufficient for the bidding and construction of the Work. Such review, comparison, study, and examination shall be a warranty that the Contract Documents are complete and the Project is buildable as described therein, except as reported to Construction Manager in writing; and .4 That the Contract Time is a reasonable period for performing the work. Init.AIA Document A201/CMaTO —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 19 may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) c: 0 .3 Substantial advantage is offered to the Owner after deducting offsetting disadvantages including delays, additional compensation to Architect and Construction Manager for redesign, investigation, evaluation and other necessary services and similar considerations; and A The specified product or method or construction cannot be provided in a manner that is compatible with other materials, or cannot be properly coordinated, warranted, or insured, and where the Contractor certifies that the substitution will overcome the deficiency. § 3.4.4 By making requests for substitutions based on Section 3.4.3 above, the Contractor: .1 Represents that he has personally investigated the proposed substitute and determined that it is equal or superior in all respects to that specified; .2 Represents that it will provide the same warranty for the substitution that it would for that specified; .3 Certifies that the cost data presented is complete and includes all related costs under separate contracts, but excludes the Architect's redesign costs, and waives all claims for additional costs related to the substitution which subsequently becomes apparent; and .4 Will coordinate the installation of the accepted substitute, making such changes as may be required for the Work to be complete in all respects. § 3.4.5 All materials delivered by or on account of the Contractor and intended to be incorporated into the construction of the Project shall become the property of the Owner as delivered, but the Contractor may repossess himself of any surplus remaining at the completion of this Contract. All scaffolding, apparatus, ways, works, machinery and plans brought upon the premises by the Contractor shall remain his property, but in the case of default, and completion of the Work by the Owner, Owner shall be entitled to use such scaffolding, apparatus, ways, works, machinery and plans without cost or liability for depreciation or damage by such use and without prejudice to Owner's other rights or remedies for any damage or loss sustained by reason of said default. § 3.5 WARRANTY § 3.5.1 The Contractor warrants to the Owner, Construction Manager and Architect that all labor furnished under this Contract shall be competent to perform the tasks undertaken, that the product of such labor shall yield only first- class results, that all materials and equipment furnished under the Contract will be of high quality and new unless otherwise required or permitted by the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform with the requirements of the Contract Documents. Any Work not strictly complying with these requirements shall constitute a breach of Contractor's warranty. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage. If required by the Construction Manager or Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. The Contractor shall assign and deliver any Subcontractor or supplier warranties to the Owner. § 3.6 TAXES § 3.6.1 The Contractor shall pay sales, consumer, use and similar taxes for the Work or portions thereof provided by the Contractor which are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect. § 3.6.2 The Contractor, in consideration of securing the business of erecting or constructing public works in the State if Idaho, recognizes that it is engaged in a transitory business and that in the pursuit thereof it property used therein may be outside the State of Idaho when taxes, excises, or license fees to which it is liable become payable. Accordingly, the Contractor understands, covenants and agrees: .1 To pay promptly when due all taxes (other than on real property), excises and license fees due to the State of Idaho, its subdivisions, municipal corporations and quasi -municipal corporations therein, accrued or accruing during the term of this Contract, whether or not the same shall be payable at the end of such term; .2 That if the said taxes, excises, and license fees are not payable at the end of said term, but liability for the payment thereof exists even though the same constitute liens upon its property, to secure the same to the satisfaction of the respective officers charged with the collection thereof, and .3 That, in the event of its default in the payment or securing of such taxes, excises, and license fees, to consent that the department, officer, board, or taxing unit entering into this Contract may withhold Inst. AIA Document A201/CMaTm —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 21 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) communications shall be similarly confirmed on written request in each case. The superintendent shall supervise and direct the Work and shall not physically participate in the actual performance, assemblage or installation of the Work except limited participation that is incidental to such superintendent's supervisory duties. §3.9.2 Prior to commencement of the Work, Contractor shall provide Owner with the name, contact information, qualifications, experience and role of the superintendent and its assistants. The Contractor shall not retain any superintendent or assistant to which Owner has a reasonable objection. Upon Owner's request, Contractor shall replace the superintendent or any assistants that become reasonably unsatisfactory to Owner. So long as such individuals named remain actively employed or retained by Contractor, they shall perform the roles indicated unless Owner agrees to the contrary in writing. If one or more individuals not listed above subsequently assumes one or more of those functions listed above, the provisions of this Section 3.9 shall bind the Contractor as though Contractor had properly designated such individuals. § 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULE § 3.10.1 The Contractor, promptly after being awarded the Contract, shall prepare and submit for the Owner's and Architect's information and the Construction Manager's approval a Contractor's Construction Schedule for the Work. Such 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 construction schedule to the extent required by the Contract Documents, and shall provide for expeditious and practicable execution of the Work. The Contractor shall promptly report any delays in the performance of the Work to the Construction Manager. § 3.10.2 The Contractor shall cooperate with the Construction Manager in scheduling and performing the Contractor's Work to avoid conflict, delay in or interference with the Work of other Contractors or the construction or operations of the Owner's own forces. § 3.10.3 The Contractor shall prepare and keep current, for the Construction Manager's approval, a schedule of submittals which is coordinated with the Contractor's Construction Schedule and allows the Construction Manager reasonable time to review submittals. § 3.10.4 The Contractor shall conform to the most recent approved schedules. § 3.10.5 If the Work is not on schedule and the Construction Manager does not believe the Contractor's proposed action to bring the Work on schedule is adequate, then the progress of the Work shall be deemed unsatisfactory. In such event, in addition to its rights under Article 14, the Owner, at its discretion, may require the Contractor to work such additional time over regular hours, including Saturdays, Sundays and holidays, without additional cost to the Owner to bring the Work on schedule. § 3.10.6 Unless otherwise agreed by Owner, Contractor shall use the latest edition of "Primavera Project Planner", "Microsoft Project" or accepted equivalent CPM scheduling software to prepare and update the Construction Schedule. The Construction Schedule shall be provided to a level of detail acceptable to Construction Manager, and shall: .1 Use time -scaled logic diagrams based on an precedence concepts; .2 Be capable of providing various analysis of the schedule, including, but not limited to, listing of activities by code, predecessor, successor, trade and float; .3 Indicate an adequate number of scheduling activities to properly describe the nature and sequence by which Contractor intends to carry out the Work; (i) For activities that have not yet started, indicate the planned start and planned completion dates; (ii) For activities that have been started but not yet completed, the update of the schedule shall indicate the actual start date, percent complete, and forecast completion date; (iii) For activities that are completed, indicate the actual start dates and actual completion dates; and (iv) For activities which are behind schedule or have not started in accordance with the approved Construction Schedule, provide a narrative as to the reasons for behind schedule, the status AIA Document A201/CNlaTM —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is Inst. protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 23 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04127/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) review partial submittals or incomplete submittals. The Contractor shall maintain a submittal log that includes, at a minimum, the date of each submittal, the date of any resubmittal, the date of any approval or rejection, and the reason for any approval or rejection. Any Shop Drawings, Product Data, Samples or similar submittals that do not bear the Contractor's approval stamp will be returned without review. § 3.12.6 The Contractor shall perform no portion of the Work requiring submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been approved by the Construction Manager and, if appropriate, Architect. Such Work shall be in strict accordance with approved submittals. §3.12.7 By approving and submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents that the Contractor has determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and has checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. § 3.12.8 The Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Construction Manager's and Architect's approval of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed the Construction Manager and Architect in writing of such deviation at the time of submittal and the Construction Manager and Architect have given written approval to the specific deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples or similar submittals by the Construction Manager's and Architect's approval thereof. § 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittals, to revisions other than those requested by the Construction Manager and Architect on previous submittals. § 3.12.10 Informational submittals upon which the Construction Manager and Architect are not expected to take responsive action may be so identified in the Contract Documents. § 3.12.11 When professional certification of performance criteria of materials, systems or equipment is required by the Contract Documents, the Construction Manager and Architect shall be entitled to rely upon the accuracy and completeness of such calculations and certifications. § 3.12.12 The Contractor shall provide a complete schedule of required Shop Drawings, Product Data, Samples or similar submittals to the Construction Manager within ten (10) days after execution of this Contract. Unless otherwise approved by Construction Manager, Shop Drawings, Product Data, Samples or similar submittals shall be submitted in sufficient time to allow not less than twenty-eight (28) days for the Construction Manager and Architect to review such submittals. § 3.13 USE OF SITE § 3.13.1 The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. § 3.13.2 The Contractor shall coordinate the Contractor's operations with, and secure the approval of, the Construction Manager before using any portion of the site. § 3.14 CUTTING AND PATCHING § 3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly. § 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner's own forces or of other Contractors by cutting, patching, excavating or otherwise altering such construction. The Contractor shall not cut or otherwise alter such construction by other Contractors or by the Owner's own forces except with written consent of the Construction Manager, Owner and such other Contractors; such consent shall not be unreasonably withheld. The Contractor shall not unreasonably withhold from the other Contractors or the Owner the Contractor's consent to cutting or otherwise altering the Work. AIA Document A201/CAAaTM —1992. Copyright 01992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is Init. protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 25 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) § 3.19.2 The Contractor shall provide the information necessary for the Construction Manager to provide the Owner with three (3) complete copies in loose-leaf binders of all operating and maintenance data, all manuals, instructions and directions for all products, materials, machinery and equipment for the Project, and shall instruct the Owner regarding the operation of all systems, machinery and equipment. ARTICLE 4 ADMINISTRATION OF THE CONTRACT § 4.1 ARCHITECT § 4.1.1 The Architect is the person lawfully licensed to practice architecture or an entity lawfully practicing architecture identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Architect" means the Architect or the Architect's authorized representative. §4.1.2 Owner has retained LCA Architects, P.A., an Idaho professional corporation ("Architect") to provide professional architectural services for the Project. Architect's authorized representative is: Steve Simmons LCA ARCHITECTS, P.A. 1221 Shoreline Lane Boise, Idaho 83702 Telephone: 208-345-6677 Facsimile: 208-344-9002 Email: ssimmonsl @lcarch.com In the event Owner should find it necessary or convenient to replace Architect, Owner shall retain a replacement architect who shall assume the role of Architect. Unless otherwise directed by Owner in writing, Architect will perform those duties and discharge those responsibilities allocated to them in this Contract. § 4.2 CONSTRUCTION MANAGER § 4.2.1 The Construction Manager 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 term "Construction Manager" means the Construction Manager or the Construction Manager's authorized representative. § 4.2.2 Owner has retained Petra Incorporated, an Idaho corporation ("Construction Manager") to provide construction management services for the Project. Construction Manager's authorized representative is: PETRA INCORPORATED 1097 N. Rosario Street Meridian, Idaho 83646 Telephone: 208-323-4500 Facsimile: 208-323-4507 Mobile: 208-860-7507 Email: gbennett@petrainc.net §4.2.3 In the event Owner should find it necessary or convenient to replace Construction Manager, Owner shall retain a replacement construction manager who shall assume the role of Construction Manager. Unless otherwise directed by Owner in writing, Construction Manager will perform those duties and discharge those responsibilities allocated to them in this Contract. § 4.3 [Deleted.] § 4.4 [Deleted.] § 4.5 Disputes arising under Sections 4.3 and 4.4 shall be subject to mediation pursuant to Section 4.9 below. § 4.6 ADMINISTRATION OF THE CONTRACT § 4.6.1 The Construction Manager and Architect will provide administration of the Contract as described in the Contract Documents, and will be the Owner's representatives (1) during construction, (2) until final payment is due Init. AIA Document A201/CMaTu —1992. Copyright ©1992 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, or any portion of It, 2% may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No. 1000295111 _I which expires on 4/4/2008, and is not for resale. User Notes: (744410520) reject Work which does not conform to the Contract Documents. However, neither the Architect's nor the Construction Manager's authority to act under this Section 4.6. 10 nor a decision made by either of them in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect or the Construction Manager to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees, or other persons performing any of the Work. § 4.6.11 The Construction Manager will receive from the Contractor and review and approve all Shop Drawings, Product Data and Samples, coordinate them with information received from other Contractors, and transmit to the Architect those recommended for approval. The Construction Manager's actions will be taken with such reasonable promptness as to cause no delay in the Work of the Contractor or in the activities of other Contractors, the Owner, or the Architect. § 4.6.12 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 with such reasonable promptness as to cause no delay in the Work of the Contractor or in the activities of the other Contractors, the Owner, or the Construction Manager, 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. § 4.6.13 The Construction Manager will prepare Change Orders and Construction Change Directives. § 4.6.14 Following consultation with the Construction Manager, the Architect will take appropriate action on Change Orders or Construction Change Directives in accordance with Article 7 and will have authority to order minor changes in the Work as provided in Section 7.4. § 4.6.15 The Construction Manager will maintain at the site for the Owner one record copy of all Contracts, Drawings, Specifications, addenda, Change Orders and other Modifications, in good order and marked currently to record all changes and selections made during construction, and in addition approved Shop Drawings, Product Data, Samples and similar required submittals. These will be available to the Architect and the Contractor, and will be delivered to the Owner upon completion of the Project. § 4.6.16 The Construction Manager will assist the Architect in conducting inspections to determine the dates of Substantial Completion and final completion, and will receive and forward to the Architect written warranties and related documents required by the Contract and assembled by the Contractor. The Construction Manager will forward to the Architect a final Project Application and Project Certificate for Payment upon compliance with the requirements of the Contract Documents. § 4.6.17 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. § 4.6.18 The Construction Manager will interpret and decide matters concerning performance under and requirements of the Contract Documents on the written request of the Owner or Contractor. The Construction Manager's response to such requests will be made with reasonable promptness and within any time limits agreed upon. If no agreement is made concerning the time within which interpretations required of the Construction Manager shall be furnished in compliance with this Section 4.6, then delay shall not be recognized on account of failure by the Construction Manager to furnish such interpretations until 15 days after written request is made for them. AIA Document A201/CMUTM —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is IDi' protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 29 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No. 1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) order to mitigate the alleged or potential damages, delay, or other adverse consequences that may arise from the facts underlying the Claim. § 4.7.4 Continuing Contract Performance. Pending final resolution of a Claim including mediation, unless otherwise agreed in writing the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. § 4.7.5 Waiver of Claims: Final Payment. The making of final payment shall not constitute a waiver of Claims by the (Paragraphs deleted) Owner. § 4.7.6 Claims for Concealed or Unknown Conditions. The Contractor acknowledges that it has had a reasonable opportunity to conduct a careful inspection of the Project site. If conditions are encountered at the site which are (1) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or reasonably ascertainable from a careful inspection of the Project site, or (2) unknown physical conditions of an unusual nature, which 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, then notice by the observing party shall be given to the other party promptly before conditions are disturbed and in no event later than 21 days after first observance of the conditions. The Construction Manager will promptly investigate such conditions and, if 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 Construction Manager determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Construction Manager shall so notify the Owner and Contractor in writing, stating the reasons. Claims by either party in opposition to such determination must be made within 21 days after the Construction Manager has given notice of the decision. If the Owner and Contractor cannot agree on an adjustment in the Contract Sum or Contract Time, the adjustment shall be referred to the Construction Manager for initial determination, subject to further proceedings pursuant to Section 4.8. § 4.7.7 Claims for Additional Cost. If the Contractor wishes to make Claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Section 10.3. If the Contractor believes additional cost is involved for reasons including but not limited to (1) a written interpretation from the Architect, (2) an order by the Owner to stop the Work where the Contractor was not at fault, (3) a written order for a minor change in the Work issued by the Architect, (4) failure of payment by the Owner, (5) termination of the Contract by the Owner, (6) Owner's suspension or (7) other reasonable grounds, Claim shall be filed in accordance with the procedure established herein. § 4.7.8 Claims for Additional Time. § 4.7.8.1 If the Contractor wishes to make 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. § 4.7.8.2 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 and could not have been reasonably anticipated, and that weather conditions had an adverse effect on the scheduled construction. § 4.7.9 Injury or Damage to Person or Property. If either party to the Contract suffers injury or damage to person or property because of an act or omission of the other party, of any of the other party's employees or agents, or of others for whose acts such party is legally liable, 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 first observance. The notice shall provide sufficient detail to enable the other party to investigate the matter. If a. Claim for additional cost or time related to this Claim is to be asserted, it shall be filed as provided in Sections 4.7.7 or 4.7.8. AIA Document A201/CMaTM —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document is Init. protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 31 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No. 1000295111 —1 which expires on 414/2008, and is not for resale. User Notes: (744410520) ARTICLE 5 SUBCONTRACTORS § 5.1 DEFINITIONS § 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. The term "Subcontractor" does not include other Contractors or subcontractors of other Contractors. § 5.1.2 A Sub -subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term "Sub -subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Sub -subcontractor or an authorized representative of the Sub - subcontractor. § 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK § 5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Construction Manager for review by the Owner, Construction Manager and Architect the names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal portion of the Work. The Construction Manager will promptly reply to the Contractor in writing stating whether or not the Owner, Construction Manager or Architect, after due investigation, has reasonable objection to any such proposed person or entity. Failure of the Construction Manager to reply promptly shall constitute notice of no reasonable objection. § 5.2.2 The Contractor shall not contract with a proposed person or entity to whom the Owner, Construction Manager or Architect has made reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. § 5.2.3 If the Owner, Construction Manager or Architect has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner, Construction Manager or Architect has no reasonable objection. The Contract Sum shall be increased or decreased by the difference in cost occasioned by such change and an appropriate Change Order shall be issued. However, no increase in the Contract Sum 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 change a Subcontractor, person or entity previously selected if the Owner, Construction Manager or Architect makes reasonable objection to such change. § 5.3 SUBCONTRACTUAL RELATIONS § 5.3.1 By appropriate written agreement, 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 which the Contractor, by these Documents, assumes toward the Owner, Construction Manager and Architect. Each subcontract agreement shall preserve and protect the rights of the Owner, Construction Manager and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub -subcontractors. The Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement which may be at variance with the Contract Documents. Subcontractors shall similarly make copies of applicable portions of such documents available to their respective proposed Sub -subcontractors. § 5.3.2 In furtherance of Section 5.3.1 above, any part of the Work performed for the Contractor by a Subcontractor or its Sub -subcontractor shall be pursuant to a written agreement between the Contractor and such Subcontractor (or the Subcontractor and its Sub -subcontractor at any tier), which shall be prepared on a form of subcontract satisfactory to the Owner. Each subcontract shall, where appropriate, contain provisions that: .1 Require each Subcontractor to ascribe to the objectives and agreements set forth in Section 1.6; .2 Require that the Work be performed according to the requirements of the Contract Documents; .3 Contain the waivers of subrogation consistent with the provisions of Section 11.3.7 below; Init. AIA Document A201/CMaTm —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 33 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2006, and is not for resale. User Notes: (744410520) 0 0 § 6.1.3 Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations related to the Project with the Owner's own forces, the Owner shall be deemed to be subject to the same obligations and to have the same rights which apply to the Contractor under the Conditions of the Contract, including, without excluding others, those stated in this Article 6 and in Articles 3, 10, 11 and 12. § 6.1.4 The Contractor acknowledges that its Work is only a portion of the Project and that Owner has retained other prime contractors, under substantially similar Conditions of the Contract and under the administration of the Construction Manager and Architect, to perform the other portions of the Project. The Contractor further acknowledges that the Owner, Construction Manager, Architect and Owner's other prime contractors expect, and are relying upon, the Contractor to timely and properly perform its obligations under the Contract. The Contractor understands and agrees that such other prime contractor's shall be an express third -party beneficiary of this Section 6.1.4 and, therefore, the Contractor will be responsible to Owner's other prime contractors for any damages they may incur that result from the Contractor's failure to timely and properly perform its obligations under this Contract. Further, Contractor understands that is it the beneficiary of substantially equivalent provisions in the Owner's contracts with its other prime contractors. Accordingly, if Contractor is delayed or damaged by the acts or omissions of another prime contractor of Owner, the Contractor shall look exclusively to such other prime contractor for the recovery of any damages that the Contractor may incur therefrom. The Contractor expressly acknowledges and agrees that Owner's other prime contractors are independent of the Owner, and that Owner shall not be liable for any acts or omissions of such other prime contractors. § 6.2 MUTUAL RESPONSIBILITY § 6.2.1 The Contractor shall afford the Owner's own forces, Construction Manager and other contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities, and shall connect and coordinate the Contractor's construction and operations with theirs as required by the Contract Documents. § 6.2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner's own forces or other contractors, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Construction Manager and Architect apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acknowledgment that the Owner's own forces or other Contractors' completed or partially completed construction is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable. § 6.2.3 Costs caused by delays or by improperly timed activities or defective construction shall be borne by the party responsible therefor. § 6.2.4 The Contractor shall promptly remedy damage wrongfully caused by the Contractor to completed construction or partially completed construction or to property of the Owner or other Contractors as provided in Section 10.2.5. § 6.2.5 Claims and other disputes and matters in question between the Contractor and other contractors shall be subject to the provisions of Sections 4.7 and 6.1.4 above, provided the other contractors have reciprocal obligations. § 6.2.6 The Owner and other Contractors shall have the same responsibilities for cutting and patching as are described for the Contractor in Section 3.14. § 6.3 OWNER'S RIGHT TO CLEAN UP § 6.3.1 If a dispute arises among the Contractor, other 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 as described in Section 3.15, the Owner may clean up and allocate the cost among those responsible as the Construction Manager, in consultation with the Architect, determines to be just. AIA Document A201/CNIaTu —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is blit. protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 35 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No. 1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) forth in the Change Order, the Owner shall not be obligated to make any adjustments to either the Contract Sum or Contract Time by reason of any conditions affecting the change in work addressed by the Change Order that could have reasonably been discovered or disclosed by the Contractor's examination. §'7.3 CONSTRUCTION CHANGE DIRECTIVES § 7.3.1 A Construction Change Directive is a written order prepared by the Construction Manager and signed by the Owner, Construction Manager and Architect, directing a change in the Work and stating a proposed basis for adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Sum and Contract Time being adjusted accordingly. § 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. § 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be based on one of the following methods: .1 mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; .2 unit prices stated in the Contract Documents or subsequently agreed upon; .3 cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or .4 as provided in Section 7.3.6. § 7.3.4 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Construction Manager and Architect in writing within forty-eight (48) hours 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. § 7.3.5 A Construction Change Directive signed by the Contractor indicates the agreement of the Contractor therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be incorporated into a future a Change Order. § 7.3.6 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the method and the adjustment shall be determined by the Construction Manager 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 allowance for overhead and profit in accordance with Section 7.2.3 above. In such case of an increase in the Contract Sum, and also under Section 7.3.3.3, the Contractor shall keep and present, in such form as the Construction Manager may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Section 7.3.6 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 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. § 7.3.7 Pending final determination of cost 'to the Owner, amounts not in dispute may be included in Applications for Payment. The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Construction Manager. 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. AIA Document A201/CMaTu —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is Init. protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 37 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) Idays or longer, or five (5) days or longer in any calendar month, shall be applied against the float or warrant an extension of time. § 8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Section 4.7. § 8.3.3 Except as expressly set forth in Section 8.3.4, the Contractor agrees to make no claim for damages for delay in the performance of this contract occasioned by any actor omission to act of Owner, its Architect, its Construction Manager, its agents or employees or any other contractor, and agrees that any such claim shall be fully compensated for by an extension of time to complete performance of the Work. § 8.3.4 Notwithstanding anything to the contrary set forth in Section 4.7.7 above or elsewhere in this Contract, the Contractor shall not be entitled to recover damages for delays, except for delays caused by Owner or for anyone whose acts the Owner may be liable. As a condition precedent to recovering additional compensation for any delays attributable to the Owner or anyone for whose acts the Owner may be liable or for delays identified in Section 8.3.1 above in excess of the float days set forth therein, the Contractor shall provide the Owner with written notice identifying the nature of the delay(s) and the Owner's responsibility therefor, and provide the Owner with a reasonable period to cure such cause(s). If the Owner fails to cure the cause of the delay(s), the Contractor may be entitled to make a claim for additional compensation for costs of the Work incurred as a direct result of such delay(s) if such delays were the result of a Construction Change Directive. The Contractor acknowledges and agrees that its sole remedy for such delays is additional compensation pursuant to this Section 8.3.4. The Contractor shall not be entitled to recover damages, lost profits or lost business opportunities from the Owner. ARTICLE 9 PAYMENTS AND COMPLETION § 9.1 CONTRACT SUM § 9.1.1 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 § 9.2.1 Within ten (10) days of commencement of this Contract, the Contractor shall submit to the Construction Manager, a schedule of values allocated to various portions of the Work, prepared in such form and supported by such data to substantiate its accuracy as the Construction Manager and Architect may require. The Contractor shall not imbalance its Schedule of Values nor artificially inflate any element thereof. This schedule, unless objected to by the Construction Manager or Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. § 9.3 APPLICATIONS FOR PAYMENT § 9.3.1 On or before the date set forth in Section 5.3 of the Agreement for each progress payment, the Contractor shall submit to the Construction Manager an itemized Application for Payment for Work completed in accordance with the schedule of values. Such application shall be on AIA Form G702, be notarized, if required, and supported by such data substantiating the Contractor's right to payment as the Owner, Construction Manager or Architect may require, such as copies of requisitions from Subcontractors and material suppliers, and reflecting retainage if provided for elsewhere in the Contract Documents. The Contractor shall submit four (4) originals of each Application for Payment. § 9.3.1.1 Such applications may include requests for payment on account of changes in the Work that have been properly authorized by Construction Change Directives but not yet included in Change Orders. § 9.3.1.2 Such applications may not include requests for payment of amounts the Contractor does not intend to pay to a Subcontractor or material supplier because of a dispute or other reason. § 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 applicable insurance, storage and transportation to the site for such materials and equipment stored off the site. Off site storage locations shall not AIA Document A201/CMaTm —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is Init. protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 39 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2009, and is not for resale. User Notes: (744410520) 0 § 9.5 DECISIONS TO WITHHOLD CERTIFICATION § 9.5.1 The Construction Manager or Architect may decide not to certify payment and may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Construction Manager's or Architect's opinion the representations to the Owner required by Section 9.4.3 cannot be made. If the Construction Manager or Architect is unable to certify payment in the amount of the Application, the Construction Manager or Architect will notify the Contractor and Owner as provided in Section 9.4.2. If the Contractor, Construction Manager and Architect cannot agree on a revised amount, the Construction Manager and Architect will promptly issue a Certificate for Payment for the amount for which the Construction Manager and Architect are able to make such representations to the Owner. The Construction Manager or Architect may also decide not to certify payment or, because of subsequently discovered evidence or subsequent observations, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Construction Manager's or Architect's opinion to protect the Owner from loss because of: .1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicating probable filing of such claims; .3 failure of the Contractor to make payments properly to Subcontractors or for labor, materials or equipment; A reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; .5 damage to the Owner or another 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 persistent 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. § 9.6 PROGRESS PAYMENTS § 9.6.1 After the Construction Manager and Architect have issued a Project Certificate for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents, and shall so notify the Construction Manager and Architect. Until conditions set forth in Section 9.10 are met, the Owner shall pay ninety- five percent (95%) of the amount due the Contractor on account of progress payments. If the Construction Manager and the Architect determine that the Contractor has made or is making satisfactory progress on any uncompleted portions of the work, the Owner may, at its discretion, release a portion of the retainage to the Contractor prior to the actual final completion of the conditions set forth in Section 9.10. § 9.6.2 The Contractor shall promptly pay each Subcontractor, upon receipt of payment from the Owner, out of the amount paid to the Contractor on account of such Subcontractor's portion of the Work, the amount to which said Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of such 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 similar manner. §9.6.2.1 The Contractor shall not withhold from a Subcontractor or supplier more than the percentage withheld from the Certificate of Payment for such Subcontractor's or supplier's portion of the Work. § 9.6.3 The Construction Manager will, on request, furnish to a Subcontractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Owner, Construction Manager and Architect on account of portions of the Work done by such Subcontractor. § 9.6.4 Neither the Owner, Construction Manager nor Architect shall have an obligation to pay or to see to the payment of money to a Subcontractor except as may otherwise be required by law. § 9.6.5 Payment to material 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. AIA Document A201/CtAan —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is [nit. protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 41 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No. 1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) 0 0 § 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Construction Manager, Contractor and Architect shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. § 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. § 9.10 FINAL COMPLETION AND FINAL PAYMENT § 9.10.1 Upon completion of the Work, the Contractor shall forward to the Construction Manager a written notice that the Work is ready for final inspection and acceptance and shall also forward to the Construction Manager a final Contractor's Application for Payment. Upon receipt, the Construction Manager will forward the notice and Application to the Architect who will promptly make such inspection. When the Architect, based on the recommendation of the Construction Manager, finds the Work acceptable under the Contract Documents and the Contract fully performed, the Construction Manager and Architect will promptly issue a final Certificate for Payment stating that to the best of their knowledge, information and belief, and on the basis of their observations 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 said final Certificate is due and payable. The Construction Manager's and 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 through the Construction Manager (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or other wise satisfied, (2) a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner, (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment and (5), if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner. If a Subcontractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including all costs and reasonable attorneys' fees. § 9.10.3 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion, and the Construction Manager and Architect so confirm, the Owner shall, upon application by the Contractor and certification by the Construction Manager and Architect, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Contract Documents, and if bonds have been furnished, the written consent of surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Architect through the Construction Manager prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. The making of final payment shall constitute a waiver of Claims by the Owner as provided in Section 4.4.5. § 9.10.4 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. Such waivers shall be in addition to the waiver described in Section 4.7.5. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY § 10.1 SAFETY PRECAUTIONS AND PROGRAMS § 10.1.1 The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Contract. Contractor hereby certifies that it has an established safety policy as required by the Occupational, Safety and Health Administration (OSHA), which requires regular safety meetings. The Contractor agrees to conduct weekly safety meetings regarding its Work under this agreement Init AIA Document A201/CMaTL —1992. Copyright ®1992 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 AIO Document, or any portion of it, 43 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) .2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody or control of the Contractor or the Contractor's Subcontractors or Sub - subcontractors; .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction; and .4 construction or operations by the Owner or other Contractors. § 10.2.2 The Contractor shall give notices and comply with applicable laws, ordinances, rules, 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 for 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, and the Construction Manager reasonable prior written notice. § 10.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Documents) to property referred to in Sections 10.2.1.2, 10.2.1.3 and 10.2.1.4 caused in whole or in part by the Contractor, a Subcontractor, a Sub -subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Sections 10.2.1.2, 10.2.1.3 and 10.2.1.4, except damage or loss attributable to acts or omissions of the Owner, Construction Manager or Architect or anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Section 3.18. § 10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner, Construction Manager and Architect. § 10.2.7 The Contractor shall not load or permit any part of the construction or site to be loaded so as to endanger its safety. § 10.3 EMERGENCIES § 10.3.1 In an emergency affecting safety or 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 Section 4.7 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 set forth below. Such coverage shall include liability that may arise out of or result from the Contractor's 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. All insurance carriers must maintain an A.M. Best rating of "A-" or better. .1 (Paragraphs deleted) Commercial General Liability. The Contractor shall procure and maintain until the Project has been completed and accepted by the Owner Commercial General Liability coverages with the following per project annual aggregate limits, using ISO Form CG 25030397 (or a substitute form providing equivalent coverage): General Aggregate Limit Not less than $5,000,000; (other than Product -Completed Operations) AIA Document A201/CMaTm —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is Init. protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 4S may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) .2 30 -Day Notice Clause — Unacceptable Language. Should any of the above-described polices be canceled, materially changed or non -renewed before the expiration date thereof, the issuing company will endeavor to mail 30 days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability on any kind upon the company. § 11.1.4 Required Clauses. .1 Breach of Warranty Clause. As to the interest of any additional insured, the insurance afforded by the policy shall be invalidated by any breach or violation by the named insured of any warranties, declarations or conditions. Notwithstanding the foregoing, the additional insureds shall be subject to all terms and conditions in the policy and nothing contained herein shall prevent exhaustion of the limits of liability by payment on behalf of any insured. .2 Separation of Insured (Cross Liability) Clause. Except with respect to the permissible limits of insurance, and any rights or duties specifically assigned in this coverage part to the first named insured, this insurance applies (i) as if each named insured were the only named insured, and (ii) separately to each insured against whom claim is made or lawsuit is brought. § 11.1.5 The Contractor shall require all Subcontractors and Sub -subcontractors of any tier to provide (i) Commercial General Liability Insurance (with not less than $1,000,000 coverage for personal injury and property damage); (ii) Worker's Compensation/Employer's Liability Insurance (not less than $500,000 coverage), and (iii) Business Automobile Liability Insurance (not less than $1,000,000 coverage) substantially as set forth in Section 11.1. The Contractor shall provide certificates of insurance evidencing such coverages prior to allowing such Subcontractors and Sub -subcontractors to commence of Work. § 11.2 OWNER'S LIABILITY INSURANCE § 11.2.1 The Owner shall be responsible for purchasing and maintaining the Owner's usual liability insurance. Optionally, the Owner may purchase and maintain other insurance for self-protection against claims which may arise from operations under the Contract. The Contractor shall not be responsible for purchasing and maintaining this optional Owner's liability insurance unless specifically required by the Contract Documents. § 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 in the amount of the initial Contract Sum as well as subsequent modifications thereto for the entire Work at the site on a replacement cost basis without voluntary 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 earlier. The Owner's insurance program is intended to cover the interests of the Owner and does not cover the interests of the Contractor, Subcontractors and Sub -subcontractors in the Work or material suppliers or others associated with the Project. § 11.3.1.1 Property insurance shall be on an "all-risk" policy form and shall insure against the perils of fire and extended coverage and physical loss or damage including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, falsework, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements. Coverage for other perils shall not be required unless otherwise provided in the Contract Documents. § 11.3.1.2 The Contractor shall maintain insurance as deemed necessary by the Contractor to protect its interests and the interests of its Subcontractors and their Sub -subcontractors in the Work, including property, materials, equipment, and tools. Materials incorporated into the Work and materials suitably stored at the Project site will be considered covered by the Owner's insurance program at 12:00 noon on the date Owner issues payment therefore. § 11.3.1.3 If the property insurance requires minimum deductibles and such deductibles are identified in the Contract Documents, the Contractor shall pay costs not covered because of such deductibles. If the Owner or insurer increases the required minimum deductibles above the amounts so identified or if the Owner elects to purchase this Init AIA Document A201/CMaTu —1992. Copyright ®1992 by The American Institute of Architects. All rl�►b 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, 4% may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. Um Notes: (744410520) § 11.3.9 The Owner shall deposit in a separate account proceeds so received, which the Owner shall distribute in accordance with such agreement as the parties in interest may reach, or in accordance with an settlement or judgment for a court of competent jurisdiction. If after such loss no other special agreement is made, replacement of damaged property shall be covered by appropriate Change Order. § 11.3.10 The Owner shall have power to adjust and settle a loss with insurers § 11.3.11 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. § 11.4 PERFORMANCE BOND AND PAYMENT BOND § 11.4.1 The Contractor to furnish bonds covering faithful performance of the Contract and payment of obligations arising thereunder as stipulated in the "Supplementary Instructions to Bidders" and 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 permit a copy to be made. ARTICLE 12 UNCOVERING OF WORK, QUALITY CONTROL, AND CORRECTION OF WORK (Paragraph deleted) § 12.1 UNCOVERING OF WORK § 12.1.1 If a portion of the Work is covered contrary to the Construction Manager's or Architect's request or to requirements specifically expressed in the Contract Documents, it must, if required in writing by either, be uncovered for their observation and be replaced at the Contractor's expense without change in the Contract Time. § 12.1.2 If a portion of the Work has been covered which the Construction Manager or Architect has not specifically requested to observe prior to its being covered, the Construction Manager or Architect may request to see such Work and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate Change Order, be charged to the Owner. If such Work is not in accordance with the Contract Documents, the Contractor shall pay such costs unless the condition was caused by the Owner or one of the other Contractors in which event the Owner shall be responsible for payment of such costs. § 12.1.2 QUALITY CONTROL PROGRAM Continuous control of the quality of the Work is the essence of this Contract. The Contractor shall establish a quality control program satisfactory to the Construction Manager to assure the proper execution of the Work in accordance with this Contract. The Contractor shall at all times comply with the approved quality control program. § 12.2 CORRECTION OF WORK § 12.2.1 The Contractor shall promptly correct Work rejected by the Construction Manager or Architect or failing to conform to the requirements of the Contract Documents, whether observed before or after Substantial Completion and whether or not fabricated, installed or completed. The Construction Manager is authorized to call for extra inspection or testing of the work for compliance with requirements of the Contract Documents. The Contractor shall bear costs of correcting such rejected Work, including additional testing and inspections and compensation for the Construction Manager's and Architect's services and expenses made necessary thereby. § 12.2.2 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. This period of one year 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 performance of the Work. This AIA Document A201/CMaTM —1992. Copyright ®1992 by The American Institute of Architects. AN rights reserved. WARNING: This AIA® Document is Init. protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 49 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No.1000295111_1 which expires on 4/412008, and is not for resale. User Notes: (744410520) 0 • § 13.2.2 Contractor shall not assign all or part of the monies due or to become due hereunder without written consent of the Owner and the Contractor's surety. The Contractor's request for the Owner's consent shall include a copy of the proposed assignment and the surety's consent. Any instrument of assignment shall expressly subordinate all rights of the assignees thereunder to (i) all rights of the Owner under this Contract, (ii) payment of all subcontractors and laborers for Work performed, (iii) payment of all materials and equipment furnished, consumed, used or rented in performance of the Work, and (iv) payments of any amounts due to any governmental authority with jurisdiction over the Project or Contractor for Work performed, including, but not limited to, sales, use, income or employment taxes. § 13.3 WRITTEN NOTICE § 13.3.1 Written notice shall be deemed to have been duly served if delivered in person to the individual or 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 to the last business address known to the party giving notice. § 13.4 RIGHTS AND REMEDIES § 13.4.1 Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law. § 13.4.2 No action or failure to act by the Owner, Construction Manager, Architect or Contractor shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed in writing. § 13.5 TESTS AND INSPECTIONS § 13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made at an appropriate time. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give the Construction Manager and Architect timely notice of when and where tests and inspections are to be made so the Construction Manager and Architect may observe such procedures. The Owner shall bear costs of tests, inspections or approvals which do not become requirements until after bids are received or negotiations concluded. § 13.5.2 If the Construction Manager, Architect, Owner or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection or approval not included under Section 13.5.1, the Construction Manager and Architect will, upon written authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Contractor shall give timely notice to the Construction Manager and Architect of when and where tests and inspections are to be made so the Construction Manager and Architect may observe such procedures. The Owner shall bear such costs except as provided in Section 13.5.3. § 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, the Contractor shall bear all costs made necessary by such failure including those of repeated procedures and compensation for the Construction Manager's and Architect's services and expenses. § 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Construction Manager for transmittal to the Architect. § 13.5.5 If the Construction Manager or Architect is to observe tests, inspections or approvals required by the Contract Documents, the Construction Manager or Architect will do so promptly and, where practicable, at the normal place of testing. § 13.5.6 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. Inst AIA Document A201/CMaTu —1992. Copyright ®1992 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, or any portion of it, 51 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No. 1000295111_I which expires on 4/4/2008, and is not for resale. User Notes: (744410520) § 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 14.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished. § 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Construction Manager's and Architect's services and expenses made necessary thereby, such excess shall be paid to the Contractor. If such costs exceed the unpaid balance, the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or Owner, as the case may be, shall, upon application, be certified by the Architect after consultation with the Construction Manager, and this obligation for payment shall survive termination of the Contract. § 14.3 SUSPENSION BY THE OWNER FOR CONVENIENCE § 14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. § 14.3.2 An adjustment shall be made for increases in the cost of performance of the Contract, including profit on the increased cost of performance, caused by suspension, delay or interruption. No adjustment shall be made to the extent: .1 that performance is, was or would have been so suspended, delayed or interrupted by another cause for which the Contractor is responsible; or .2 that an equitable adjustment is made or denied under another provision of this Contract. § 14.3.3 Adjustments made in the cost of performance may have a mutually agreed fixed or percentage fee. §14.4 TERNNNATION 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 the case of such termination for the Owner's convenience, the Contractor shall be entitled to receive payment from the Owner (i) for Work properly executed, (ii) reasonable, proven costs incurred by reason of such termination, such as the costs incurred by the Contractor pursuant to Section 14.4.2, and (iii) reasonable overhead and profit on the Work properly completed. Init.AIA Document A201/CUaTd —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, 'J3 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No.10002951 1 1_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) § 13.6 INTEREST § 13.6.1 Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the rate of eight percent (8%) per annum until the date payment is issued by Owner. § 13.7 COMMENCEMENT OF STATUTORY LIMITATION PERIOD § 13.7.1 As between the Owner and Contractor, any applicable statute of limitations shall commence to run and any legal cause of action shall be deemed to have accrued in any and all events (Paragraphs deleted) in accordance with Idaho Law. ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT § 14.1 TERMINATION BY THE CONTRACTOR § 14.1.1 The Contract may terminate the Contract if the Work is stopped for a period of 60 days through no act or fault of the Contractor or a Subcontractor, Sub -subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor, for any of the following reasons: .1 issuance of an order of a court or other public authority having jurisdiction; .2 an act of government, such as a declaration of national emergency, making material unavailable; .3 because the Construction Manager or Architect has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Section 9.4.2, or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents; or .4 if repeated suspensions, delays or interruptions 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 180 days in any 365 -day period, whichever is less. § 14.1.2 If one of the above reasons exists, the Contractor may, upon fourteen additional days' written notice to the Owner, Construction Manager and Architect, terminate the Contract and recover from the Owner payment (i) for Work properly executed, (ii) for proven loss with respect to materials, equipment, tools, and construction equipment and machinery, and (iii) reasonable overhead and profit on the Work properly completed. § 14.1.3 If the Work is stopped for a period of 60 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 persistently failed to fulfill the Owner's obligations under the Contract Documents with respect to matters important to the progress of the Work, the Contractor may, upon seven additional days' written notice to the Owner, Construction Manager and Architect, terminate the Contract and recover from the Owner as provided in Section 14.1.2. § 14.2 TERMINATION BY THE OWNER FOR CAUSE § 14.2.1 The Owner may terminate the Contract if the Contractor: .1 persistently or 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 persistently disregards laws, ordinances, or rules, regulations or orders of a public authority having jurisdiction; 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, after consultation with the Construction Manager, and upon certification by the Architect 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 take possession of the site and 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. Init. AIA Document A201/CMaTM —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, S2 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45,07 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) 0 0 obligation under this Section 12.2.2 shall survive acceptance of the Work under the Contract and termination of the Contract. The Owner shall give such notice promptly after discovery of the condition. § 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 If the Contractor fails to correct nonconforming Work within a reasonable time, the Owner may convect it in accordance with Section 2.4. If the Contractor does not proceed with correction of such nonconforming Work within a reasonable time fixed by written notice from the Architect issued through the Construction Manager, the Owner may remove it and store the salvable materials or equipment at the Contractor's expense. If the Contractor does not pay costs of such removal and storage within ten days after written notice, the Owner may upon ten additional days' written notice sell such materials and equipment at auction or at private sale and shall account for the proceeds thereof, after deducting costs and damages that should have been borne by the Contractor, including compensation for the Construction Manager's and Architect's services and expenses made necessary thereby. If such proceeds of sale do not cover costs that the Contractor should have borne, the Contract Sum shall be reduced by the deficiency. If payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the Owner. § 12.2.5 The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of the Owner or other Contractors caused by the Contractor's correction or removal of Work which is not in accordance with the requirements of the Contract Documents. § 12.2.6 Nothing contained in this Section 12.2 shall be construed to establish a period of limitation with respect to other obligations that the Contractor might have under the Contract Documents. Establishment of the time period of one year 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 § 12.3.1 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 § 13.1.1 The Contract shall be governed by the law of the place where the Project is located. § 13.1.2 The Contractor and the Work shall strictly comply with all applicable federal, state, local and municipal laws, rules, regulations, statutes, ordinances and orders of any public authority having jurisdiction over the Project (hereinafter referred to as "Laws"), including, but not limited to: .1 any labor, wage, equal opportunity employment, environmental and safety Laws; .2 any applicable provisions of the Public Works Contractor's State License Law, Title 54, Chapter 19, Idaho Code, as it may be amended from time to time; and .3 any applicable provisions of Sections 441001 and 44-1002, Idaho Code, regarding the employment of residents of Idaho. § 13.2 SUCCESSORS AND ASSIGNS § 13.2.1 The Owner and Contractor respectively bind themselves, their partners, successors, assigns and legal representatives to the other party hereto and to partners, successors, assigns and legal representatives of such other party in respect to covenants, agreements and obligations contained in the Contract Documents. 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. Init. AIA Document A201/CMa*" —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 50 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) • insurance with voluntary deductible amounts, the Owner shall be responsible for payment of the additional costs not covered because of such increased or voluntary deductibles. § 11.3.1.4 The Contractor shall provide insurance coverage for portions of the Work stored off-site, for portions of the Work in transit, and all portions of the Work stored at the Project site, and all material and equipment incorporated into the Work until covered by the Owner's insurance program as described in Section 11.3.1.2 above. §11.3.1.5 The insurance required by this Section 11.3 is not intended to cover machinery, tools or equipment owned or rented by the Contractor that are utilized in the performance of the Work but not incorporated into the permanent improvements.. The Contractor shall, at the Contractor's own expense, provide insurance coverage for owned or rented machinery, tools or equipment which shall be subject to the provisions of Section 11.3.7. § 11.3.2 Boiler and Machinery Insurance. The Owner shall purchase and maintain boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the Owner; this insurance shall include interests of the Owner, Construction Manager, Contractor, Subcontractors and Sub -subcontractors in the Work, and the Owner and Contractor shall be named insureds. § 11.3.3 Loss of Use Insurance. The Owner, at the Owner's option, may purchase and maintain such insurance as will insure the Owner against loss of use of the Owner's property due to fire or other hazards, however caused. § 11.3.4 If the Contractor requests in writing that insurance for risks other than those described herein or for other special hazards be included in the property insurance policy, the Owner shall, if possible, include such insurance, and the cost thereof shall be charged to the Contractor by appropriate Change Order. § 11.3.5 If during the Project construction period the Owner insures properties, real or personal or both, adjoining or adjacent to the site by property insurance under policies separate from those insuring the Project, or if after final payment property insurance is to be provided on the completed Project through a policy or policies other than those insuring the Project during the construction period, the Owner shall waive all rights in accordance with the terms of Section 11.3.7 for damages caused by fire or other perils 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 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 each other and against the Construction Manager, Architect, Owner's other Contractors and own forces described in Article 6, if any, and the subcontractors, sub -subcontractors, consultants, agents and employees of any of them, for damages caused by fire or other perils to the extent covered by property insurance obtained pursuant to this Section 11.3 or other property insurance applicable to the Work, except such rights as the Owner and Contractor may have to the proceeds of such insurance held by the Owner. The Owner or Contractor, as appropriate, shall require of the Construction Manager, Construction Manager's consultants, Architect, Architect's consultants, Owner's separate contractors described in Article 6, if any, and the subcontractors, sub -subcontractors, agents and employees of any of them, by appropriate agreements, written where legally required for validity, similar waivers each in favor of other parties enumerated herein. The policies shall provide such waivers of subrogation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of; indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged. § 11.3.8 A loss insured under Owner's property insurance shall be adjusted by the Owner and made payable to the Owner. 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. Inst. AIA Document A201/CMaTM —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 48 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) • Product -Completed Operations Aggregate Limit Personal and Advertising Injury Limit Each Occurrence Limit Fire Damage Limit (any one fire) Medical Expense Limit (any one person) • Not less than $5,000,000; Not less than $5,000,000; Not less than $5,000,000; Not less than $ 100,000; and Not less than $ 10,000. Such policy or policies must include broad form property damage coverage including, but not limited to, damage arising from blasting, explosion, collapse of structures or other property or damage to underground utilities and property with any X.C.U. exclusion removed. The policy or policies must include contractor's protective liability insurance, product and completed operations coverage and contractual liability insurance that includes coverage for the Contractor's obligations under Section 3.18. The General Liability policy shall be endorsed to include personal injury, libel, slander, wrongful eviction, and false arrest. All policies shall be written on an occurrence basis rather than claims made. At the Contractor's option, such coverage may be provided by separate policies for Contractor and for Owner and other named insured, or by naming the Owner and the other named insureds as additional named insureds on the Contractor's policy. If coverage is obtained by naming Owner and others as additional named insureds, the policy must contain a separation of insureds (cross liability) clause and a breach of warranty clause as set forth in Section 11. 1.4 below and the certificate must so indicate. .2 Worker's Compensation. The Contractor shall procure and maintain until the Project has been completed and accepted by the Owner statutory Worker's Compensation coverage and showing Employer's Liability coverage with minimum coverage of One Million Dollars ($1,000,000). In addition, Contractor must provide evidence that its Subcontractors and their subcontractors carry similar coverage. The Owner and other named insureds requested by the Owner need not be named as an additional insured on the Employer's Liability coverage or the Worker's Compensation coverage unless specifically requested. Subject to the Owner's approval, the Contractor may include Employer's Liability coverage in the Umbrella or Excess Liability Coverage of its General Liability and Automobile Liability policies. .3 Automobile. The Contractor shall procure and maintain until the Project has been completed and accepted by the Owner, Comprehensive Automobile Liability Insurance for all owned, non -owned and hired vehicles with single combined limit of not less than Two Million Dollars ($2,000,000) per occurrence. Such coverage must name the Owner and other named insureds as may be requested by the Owner as additional insureds. § 11.1.2 The insurance required by Section 11.1.1 shall be written for not less than limits of liability specified therein, in the Contract Documents or required by law, whichever coverage is greater. Coverages shall be maintained without interruption from date of commencement of the Work until date of final payment and termination of any coverage required to be maintained after final payment. Additional insurance coverage shall apply as primary insurance with respect to any other insurance afforded to Owner and the other named insureds. § 11.1.3 Certificates of insurance acceptable to the Owner shall be submitted to the Construction Manager for transmittal to the Owner with a copy to the Architect prior to commencement of the Work. 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. If any of the foregoing insurance coverages are required to remain in force after final payment and are reasonably available, an additional certificate evidencing continuation of such coverage shall be submitted with the final Application for Payment as required by Section 9.10.2. Information concerning reduction of coverage shall be furnished by the Contractor with reasonable promptness in accordance with the Contractor's information and belief. .1 30 -Day Notice Clause — Acceptable Language. As a condition precedent to any modification, cancellation or nonrenewal of the policy or policies by the insuring company during the periods of coverage as stated herein, thirty (30) days prior written notice of such cancellation, material change or non -renewal will be mailed to the party to whom this certificate is issued. Inst. AIA Document A201/CMaTM —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 46 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) 0 0 and shall promptly prepare minutes of such meetings and provide copies of such minutes to Contractor as the Work progresses. The Contractor agrees to comply with all requirements of OSHA relating to the Work and shall maintain and provide all applicable material safety data sheets in accordance with OSHA requirements. The safety program shall be designed according to criteria provided by the Construction Manager. The safety policy shall also require a drug and alcohol free workplace enforced through pre-employment testing, random testing, periodic testing, for cause testing and immediate mandatory testing for any employees involved in any accidents or incidents. The Contractor shall submit the Contractor's safety program to the Construction Manager for review and coordination with the safety programs of other Contractors. The Contractor shall at all times comply with the approved safety program. § 10.1.2 In the event the Contractor encounters on the site material reasonably believed to be asbestos or polychlorinated biphenyl (PCB) which has not been rendered harmless, the Contractor shall immediately stop Work in the area affected and report the condition to the Owner, Construction Manager and Architect in writing. The Work in the affected area shall not thereafter be resumed except by written agreement of the Owner and Contractor if in fact the material is asbestos or polychlorinated biphenyl (PCB) and has not been rendered harmless. The Work in the affected area shall be resumed in the absence of asbestos or polychlorinated biphenyl (PCB), or when it has been rendered harmless, by written agreement of the Owner and Contractor, or in accordance with final determination by the Architect. § 10.1.3 The Contractor shall not be required pursuant to Article 7 to perform without consent any Work relating to asbestos or polychlorinated biphenyl (PCB). § 10.1.4 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Construction Manager, Architect, their consultants, and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work in the affected area if in fact the material is asbestos or polychlorinated biphenyl (PCB) 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) including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Owner, anyone directly or indirectly employed by the Owner or anyone for whose acts the Owner may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Section 10.1.4. § 10.1.5 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the Owner, Construction Manager and Architect in writing. The Owner, Contractor, Construction Manager and Architect shall then proceed in the same manner described in Section 10.1.2. § 10.1.6 The Owner shall be responsible for obtaining the services of a licensed laboratory to verify a presence or absence of the material or substance reported by the Contractor and, in the event such material or substance is found to be present, to verify that it has been rendered harmless. Unless otherwise required by the Contract Documents, the Owner shall furnish in writing to the Contractor, Construction Manager and Architect the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of such material or substance or who are to perform the task of removal or safe containment of such material or substance. The Contractor, the Construction Manager and the Architect will promptly reply to the Owner in writing stating whether or not any of them has reasonable objection to the persons or entities proposed by the Owner. If the Contractor, Construction Manager or Architect has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Contractor, the Construction Manager and the Architect have no reasonable objection. § 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; Init. AIA Document A201/CMaTm —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 44 may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and Is not for resale. User Notes: (744410520) 0 0 § 9.7 FAILURE OF PAYMENT § 9.7.1 If, through no fault of the Contractor, 1) the Construction Manager and Architect do not issue a Project Certificate for Payment within fourteen days after the Construction Manager's receipt of the Contractor's Application for Payment or 2) the Owner does not pay the Contractor within seven days after the date established in the Contract Documents the amount certified by the Construction Manager and Architect, then the Contractor may, upon seven additional days' written notice to the Owner, Construction Manager and Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shut -down, delay and start- up, which shall be accomplished as provided in Article 7. § 9.8 SUBSTANTIAL COMPLETION § 9.8.1 Substantial Completion is the stage in the progress of the Work as certified in writing by the Construction Manager and Architect, when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work for its intended use. § 9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor and Construction Manager shall jointly prepare and submit to the Architect a comprehensive list of items to be completed or corrected. The Contractor shall proceed promptly to complete and correct items on the list. 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. Upon receipt of the list, the Architect, assisted by the Construction Manager, will make an inspection to determine whether the Work or designated portion thereof is substantially complete. If the Architect's inspection discloses any item, whether or not included on the list, which is not in accordance with the requirements of the Contract Documents, the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by the Architect. The Contractor shall then submit a request for another inspection by the Architect, assisted by the Construction Manager, to determine Substantial Completion. When the Work or designated portion thereof is substantially complete, the Architect will prepare a Certificate of Substantial Completion which shall establish the date of Substantial Completion, shall establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in such Certificate. § 9.8.3 Upon Substantial Completion of the Work or designated portion thereof and upon application by the Contractor and certification by the Construction Manager and Architect, the Owner shall make payment, reflecting adjustment in retainage, if any, for such Work or portion thereof as provided in the Contract Documents. The payment shall be sufficient to increase the total payment to ninety-five percent (95%) of the Contract sum, less such amounts as the Construction Manager determines to be necessary to withhold for incomplete Work and unsettled claims. The amount withheld for incomplete Work and unsettled claims shall be one hundred fifty percent (150%) of the cost to the Owner to complete such Work or settle such claims. § 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 11.3.11 and authorized by public authorities having jurisdiction over the Work. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, the Contractor and Construction Manager shall jointly prepare and submit a list to the Architect as provided under Section 9.8.2. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Contractor or, if no agreement is reached, by decision of the Architect after consultation with the Construction Manager. ��(� AIA Document A201/CMaTM —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 42 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04127/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) • be outside the State of Idaho. Any materials stored off-site and paid for by the Owner shall be physically marked as being the Owner's property. § 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. § 9.3.4 Upon Construction Manager's request, the Contractor shall submit its Applications for Payment (other than the initial application) with properly executed and acknowledged lien releases for all prior payments by (i) the Contractor, (ii) all major Subcontractors and material suppliers, and (iii) any potential lienors who has filed, or has threatened to file, any lien or encumbrance against the Project. All lien releases for the Project shall be on a form acceptable to the Owner, consistent in wording and shall: (i) waive any liens or right to lien with respect to Work covered by prior payments; (ii) certify the amount such person or entity has received under all prior payments; and (iii) that no contract related to the Project held by such person or entity has changed, or, if any contract has changed, indicating the nature and extent of any change. § 9.3.5 In the event the Contractor is in breach of its payment obligations to a Subcontractor pursuant to its contract with such Subcontractor, and after three (3) days written notice from the Owner, the Owner has the right to issue joint payee checks to the Contractor. In the event of a dispute between the Contractor and Subcontractor or material supplier as any amount due to such Subcontractor or material supplier, the Owner may issue a joint payee check to the Contractor and such Subcontractor or material supplier in the disputed amount and deduct the amounts so paid from the balance of the payment due the Contractor. § 9.4 CERTIFICATES FOR PAYMENT § 9.4.1 The Construction Manager will assemble a Project Application for Payment by combining the Contractor's applications with similar applications for progress payments from other Contractors and, after certifying the amounts due on such applications, forward them to the Architect within seven days. § 9.4.2 Within seven days after the Architect's receipt of the Project Application for Payment, the Construction Manager and Architect will either issue to the Owner a Project Certificate for Payment, with a copy to the Contractor, for such amount as the Construction Manager and Architect determine is properly due, or notify the Contractor and Owner in writing of the Construction Manager's and Architect's reasons for withholding certification in whole or in part as provided in Section 9.5.1. Such notification will be forwarded to the Contractor by the Construction Manager. § 9.4.3 The issuance of a separate Certificate for Payment or a Project Certificate for Payment will constitute representations made separately by the Construction Manager and Architect to the Owner, based on their individual observations at the site and the data comprising the Application for Payment submitted by the Contractor, that the Work has progressed to the point indicated and that, to the best of the Construction Manager's and Architect's knowledge, information and belief, 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 minor deviations from the Contract Documents correctable prior to completion and to specific qualifications expressed by the Construction Manager or Architect. The issuance of a separate Certificate for Payment or a Project Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a separate Certificate for Payment or a Project Certificate for Payment will not be a representation that the Construction Manager or Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed the Contractor's construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment or (4) made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. AIA Document A201/CNlaTM —1992. Copyright 01992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is Init. protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 40 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) • 0 § 7.3.8 If the Owner and Contractor do not agree with the adjustment in Contract Time or the method for determining it, the adjustment or the method shall be referred to the Construction Manager for determination. § 7.3.9 When the Owner and Contractor agree with the determination made by the Construction Manager concerning the adjustments in the Contract Sum and Contract Time, or otherwise reach agreement upon the adjustments, such agreement shall be effective immediately issued through the Construction Manager and shall be recorded by preparation and execution of an appropriate Change Order. § 7.4 MINOR CHANGES IN THE WORK § 7.4.1 The Architect will have 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 shall be effected by written order issued through the Construction Manager and shall be binding on the Owner and Contractor. The Contractor shall carry out such written orders promptly. § 7.4.2 If the Contractor feels that any order for a minor change in the Work, a directive from the Construction Manager, or response to a request for information will require an adjustment to the Contract Sum or Contract Time, the Contractor shall not execute such direction and immediately notify the Construction Manager and Architect in writing of the nature of the adjustment that will be required. 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. The date shall not be postponed by the failure to act of the Contractor or of persons or entities for whom the Contractor is responsible. § 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. The date of commencement of the Work shall not be changed by the effective date of such insurance. Unless the date of commencement is established by a notice to proceed given by the Owner, the Contractor shall notify the Owner in writing not less than five days or other agreed period before commencing the Work to permit the timely filing of mortgages, mechanic's liens and other security interests. § 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 on the critical path by an act or neglect of the Owner, Construction Manager 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 or litigation, or by other causes which the Owner determines may justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as the Owner may determine. The Owner and Contractor acknowledge and agree that the critical path construction schedule for the Project incorporates not less than thirty (30) days of "float" for owner caused delays and that an extension of time is warranted only if events identified above cause total delay on the critical path in excess of such float days. Further, only delays that cause the cessation of construction activities on the critical path for a period of three (3) consecutive Init. AIA Document A201/CM&ru —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 38 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) ARTICLE 7 CHANGES IN THE WORK § 7.1 CHANGES § 7.1.1 Changes in the Work may be accomplished after execution of the Contract, and without invalidating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. § 7.1.2 A Change Order shall be based upon agreement among the Owner, Construction Manager, Architect and Contractor; a Construction Change Directive requires agreement by the Owner, Construction Manager and Architect and may or may not be agreed to by the Contractor; an order for a minor change in the Work may be issued by the Architect alone. § 7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents, and Contractor shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive or order for a minor change in the Work. § 7.1.4 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally contemplated are so changed in a proposed Change Order or Construction Change Directive 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. § 7.2 CHANGE ORDERS § 7.2.1 A Change Order is a written instrument prepared by the Construction Manager and signed by the Owner, Construction Manager, Architect and Contractor, stating their agreement upon all of the following: .1 a change in the Work; .2 the amount of the adjustment in the Contract Sum, if any; and .3 the extent of the adjustment in the Contract Time, if any. § 7.2.2 Methods used in determining adjustments to the Contract Sum may include those listed in Section 7.3.3. § 7.2.3 The maximum amount for profit, overhead, bonds and insurance combined, which may be added to any Change Order, shall be as follows: .1 For the Contractor, for Work performed by the Contractor's own forces, fifteen percent (15%) of the cost of the Work performed by the Contractor's own forces (which is for 10% profit, 2% for overhead, 2% for bonds and 1% for insurance); .2 For the Contractor, for Work performed by a Subcontractor, five percent (5%) of the amount due the Subcontractor; .3 For each Subcontractor or Sub -subcontractor involved, for Work performed by that Subcontractor's own forces, ten percent (10%) of the cost of the Work performed by the Subcontractor or Sub - subcontractor; and .4 For each Subcontractor, for work performed by such Subcontractor's Sub -subcontractors, five percent (5%) of the cost of the Work performed by the Sub -subcontractors. The costs to which the above percentages shall be applied are set forth in Section 7.3.6. In order to facilitate checking of quotations for extras or credits, all proposals, except those so minor that their propriety can be seen by inspection, shall be accompanied by a complete itemization of costs including labor and materials for the Contractor, each Subcontractor and each Sub -subcontractor. Such itemization will be required for any Change Order over $500.00. § 7.2.4 Any Change Order shall constitute a final and full settlement of all matters relating to or affected by the change in the Work, including, but not limited to, all direct, indirect and consequential cost associated with such change and any and all adjustments to the Contract Sum and Contract Time. The Contractor shall include the Work covered by such Change Order as if such Work were originally part of the requirements of the Contract Documents. § 7.2.5 By the execution of a Change Order, the Contractor agrees and acknowledges that it has had sufficient time and opportunity to examine the change in Work which is the subject of the Change Order and that it has undertaken all reasonable efforts to discover and disclose any concealed or unknown conditions which may to any extent affect the Contractor's ability to perform in accordance with the Change Order. Aside from those matters specifically set Inst. AIA Document A201/CMaTM —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 36 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) .4 Require the Subcontractor to carry and maintain insurance coverage according to the Contract Documents and to file certificates of the coverage with the Contractor; .5 Require submission to Contractor or Subcontractor, as the case may be, of applications for payment in a form approved by the Owner, together with clearly defined invoices and billings supporting all the applications under each subcontract to which the Contractor is a party; .6 Report, so far as practicable, unit prices and any other feasible formula for use in the determination of costs of changes in the Work; .7 Require each Subcontractor to furnish to the Contractor in a timely fashion all information necessary for the preparation and submission of reports; .8 Require that each Subcontractor continue to perform under its subcontract in the event the Contract is terminated and the Owner shall take an assignment of the subcontract and request Subcontractor to continue performance; and .9 Require each Subcontractor to remove all debris created by its activities. § 5.3.3 The Contractor shall not enter into any subcontract, contract, agreement, purchase order or other arrangement ("Arrangement") for the furnishing of any portion of the materials, services, equipment or Work with any party or entity if the party or entity is an Affiliated Entity (as defined in this Section), unless the Arrangement was approved by the Owner and Construction Manager, after full disclosure in writing by the Contractor to the Owner and Construction Manager of the affiliation or relationship and all details relating to the proposed Arrangement. The term "Affiliated Entity" means (a) any entity related to or affiliated with the Contractor or with respect to which the Contractor has direct or indirect ownership or control, including, without limitation, any entity owned in whole or part by the Contractor, (b) any holder of more than 10% of the issued and outstanding shares of, or the holder of any interest in, the Contractor; and (c) any entity in which any officer, director, employee, partner or shareholder (or member of the family of any of the foregoing persons) of the Contractor or any entity owned by the Contractor as a direct or indirect interest, which interest includes, but is not limited to, that of a partner, employee, agent or shareholder. § 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: 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 which the Owner accepts by notifying the Subcontractor in writing; and assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract. § 5.4.2 If the Work has been suspended for more than 60 days, the Subcontractor's compensation shall be equitably adjusted. § 5.4.3 All subcontract and material purchase agreements entered into by the Contractor shall be assignable to Owner pursuant to this Section 5.4 without any change in price or scope. The Contractor shall incorporate the foregoing requirement in all subcontract and material purchase agreements, either by specific wording or by reference to this Section 5.4. ARTICLE 6 CONSTRUCTION BY OWNER OR BY OTHER CONTRACTORS § 6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION WITH OWN FORCES AND TO AWARD OTHER CONTRACTS § 6.1.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces, which include persons or entities under separate contracts not administered by the Construction Manager. The Owner further reserves the right to award other contracts in connection with other portions of the Project or other construction or operations on the site. 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 elsewhere in the Contract Documents. § 6.1.2 When the Owner performs construction or operations with the Owner's own forces including persons or entities under separate contracts not administered by the Construction Manager, the Owner shall provide for coordination of such forces with the Work of the Contractor, who shall cooperate with them. AIA Document A201/CMaTu-1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is Init. protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 34 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) 0 § 4.8 RESOLUTION OF CLAIMS AND DISPUTES § 4.8.1 The Construction Manager, with the assistance of the Architect, will review Claims and take one or more of the following preliminary actions within ten days of receipt of a Claim: (1) request additional supporting data from the claimant, (2) submit a schedule to the parties indicating when the Construction Manager expects to take action, (3) reject the Claim in whole or in part, stating reasons for rejection, (4) recommend approval of all or part of the Claim by the other party, (5) suggest a compromise, or (6) attempt to facilitate the resolution of the Claim through direct, informal discussions. The Construction Manager may also, but is not obligated to, notify the surety, if any, of the nature and amount of the Claim. § 4.8.2 If a Claim has been resolved, the Construction Manager will prepare or obtain appropriate documentation. § 4.8.3 If a Claim has not been resolved, the party making the Claim shall, within ten days after the Construction Manager's preliminary response, take one or more of the following actions: (1) submit additional supporting data requested by the Construction Manager, (2) modify the initial Claim or (3) notify the Construction Manager that the initial Claim stands. § 4.8.4 If a Claim has not been resolved after consideration of the foregoing and of further evidence presented by the parties or requested by the Construction Manager, the Construction Manager will notify the parties in writing that the Construction Manager's decision will be made within seven days. Upon expiration of such time period, the Construction Manager will render to the parties the Construction Manager's written decision relative to the Claim, including any change in the Contract Sum or Contract Time or both. If there is a surety and there appears to be a possibility of a Contractor's default, the Construction Manager may, but is not obligated to, notify the surety and request the surety's assistance in resolving the controversy. § 4.8.5 The Construction Manager's decision shall be final and binding on the parties unless a demand for to mediate the Claim pursuant to Section 4.9 below is made within 30 days after the Construction Manager's decision. The failure to demand mediation within said 30 days' period shall result in the Construction Manager's final and binding upon the Owner and Contractor. § 4.9 MEDIATION § 4.9.1 Any Claim arising out of or related to the Contract shall be subject to mediation as a condition precedent to the continuation (but not the institution) of legal or equitable proceedings by either party. § 4.9.2 The parties shall endeavor to resolve their Claims by mediation. Request for mediation shall be filed in writing with the other party to the Contract and the Construction Manager. The request may be made concurrently with the institution of legal or equitable proceedings but, in such event, mediation shall proceed in advance of such legal or equitable 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. § 4.9.3 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. § 4.10 ARBITRATION The parties may agree to resolve any Claim or dispute related to this Contract by arbitration on such terms as they may agree. Absent such agreement, any reference in this Contract to arbitration shall be void and of no force or effect whatsoever. § 4.11 ATTORNEYS' FEES In the event of any controversy, claim or action being filed or instituted between the parties to this Agreement to enforce the terms of this Agreement or arising from the breach of any provision hereof, the prevailing party will be entitled to receive from the other party all costs, damages, and expenses including reasonable attorneys' fees, incurred by the prevailing party, whether or not such a controversy or claim is litigated or prosecuted to judgment. The prevailing party will be that party who recovers at least 75% of the total amount claimed by that party in the action, or who is required to pay no more than 25% of the total amount claimed by the other party in the action. (Paragraphs deleted) AIA Document A201/CMaTM —1992. Copyright 01992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is Inst. protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 32 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No. 100029511 1_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) § 4.6.19 Interpretations and decisions of the Construction Manager 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 Construction Manager, with Architect's assistance, will endeavor to secure faithful performance by both Owner and Contractor, will not show partiality to either and will not be liable for results of interpretations or decisions so rendered in good faith. § 4.6.20 On matters relating to aesthetic effect, the Construction Manager will defer to the decision of the Architect, which will be final if consistent with the intent expressed in the Contract Documents. §4.6.21 The presence or duties of Architect's, Construction Manager's, and Owner's personnel at the Project site, whether as on-site representatives or otherwise, do not make any of them or their representatives or personnel in any way responsible for those duties that belong to Contractor, Subcontractors or other entities, and do not relieve Contractor, Subcontractors or other entities or any other entity of their obligations, duties, and responsibilities, including, but not limited to, any health or safety precautions required by such Work. Construction Manager's, Architect's, and Owner's personnel have no authority to exercise any control over any health or safety precautions and have no duty for inspecting, noting, observing, correcting, or reporting on health or safety deficiencies at the site except their own personnel. The presence of Architect's, Construction Manager's or Owner's personnel at the Project site is for the purpose of providing to Owner a greater degree of confidence that the completed work will conform to the Contract Documents and that the integrity of the design concept as reflected in the Contract Documents has been implemented and preserved. For this Section only, the Project site includes places of manufacture for materials incorporated into the Work, and other entities include manufacturers of materials incorporated into the Work. §4.6.22 THE DUTIES, OBLIGATIONS, AND RESPONSIBILITIES OF CONTRACTOR UNDER THIS CONTRACT SHALL IN NO MANNER WHATSOEVER BE CHANGED, ALTERED, DISCHARGED, RELEASED, OR SATISFIED BY ANY DUTY, OBLIGATION, OR RESPONSIBILITY OF ARCHITECT OR CONSTRUCTION MANAGER. CONTRACTOR IS NOT A THIRD -PARTY BENEFICIARY OF ANY AGREEMENT BETWEEN OWNER AND ARCHITECT OR OWNER AND CONSTRUCTION MANAGER. IT IS EXPRESSLY ACKNOWLEDGED AND AGREED THAT THE DUTIES OF CONTRACTOR TO OWNER ARE INDEPENDENT OF, AND ARE NOT DIMINISHED BY, ANY DUTIES OF ARCHITECT AND CONSTRUCTION MANAGER TO OWNER. § 4.7 CLAIMS AND DISPUTES § 4.7.1 Definition. A Claim is a demand or assertion by one of the parties seeking, as a matter of right, adjustment or interpretation of Contract terms, payment of money, extension of time 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. Claims must be made by written notice. The responsibility to substantiate Claims shall rest with the party making the Claim. § 4.7.2 Decision of Construction Manager. Claims, including those alleging an error or omission by the Construction Manager or Architect, shall be referred initially to the Construction Manager for action as provided in Section 4.8. A decision by the Construction Manager, as provided in Section 4.8.4, shall be required as a condition precedent to mediation or litigation of a Claim between the Contractor and Owner as to all such matters arising prior to the date final payment is due, regardless of (1) whether such matters relate to execution and progress of the Work or (2) the extent to which the Work has been completed. The decision by the Construction Manager in response to a Claim shall not be a condition precedent to mediation or litigation in the event (1) the position of Construction Manager is vacant, (2) the Construction Manager has not received evidence or has failed to render a decision within agreed time limits, (3) the Construction Manager has failed to take action required under Section 4.8.4 within 30 days after the Claim is made, (4) 45 days have passed after the Claim has been referred to the Construction Manager or (5) the Claim relates to a mechanic's lien. § 4.7.3 Time Limits on Claims. Claims by the Contractor must be made within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the Contractor first knew or should have known of the event or condition giving rise to the Claim, whichever is later. Claims must be made by written notice. Any Claim not timely made shall be deemed waived. The written notice of Claim shall include a factual statement of the basis for the Claim, pertinent dates, contract provisions offered in support of the Claim, additional materials offered in support of the Claim and the nature of the resolution sought by the Claimant. The Contractor shall cooperate with the Owner in Init. AIA Document A201/CMa'M —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 30 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:4507 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) and (3) with the Owner's concurrence, from time to time during the correction period described in Section 12.2. The Construction Manager and Architect will advise and consult with the Owner and will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified by written instrument in accordance with other provisions of the Contract. § 4.6.2 The Construction Manager will, for the benefit of the Owner, determine that the Work is being performed in accordance with the requirements of the Contract Documents, will keep the Owner informed of the progress of the Work, and will guard the Owner against defects and deficiencies in the Work § 4.6.3 The Construction Manager will provide for coordination of the activities of other Contractors and of the Owner's own forces with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with other Contractors and the Construction Manager and Owner in reviewing their construction schedules when directed to do so. The Contractor shall make any revisions to the construction schedule deemed necessary after a joint review and mutual agreement. The construction schedules shall constitute the schedules to be used by the Contractor, other Contractors, the Construction Manager and the Owner until subsequently revised. § 4.6.4 The Construction Manager will schedule and coordinate the activities of the Contractors in accordance with the latest approved Project construction schedule. § 4.6.5 The Architect will visit the site at intervals appropriate to the stage of construction to become familiar with the progress and quality of the completed Work and to determine if the Work is being performed in a manner indicating that the Work, when 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 quality or quantity of the Work. On the basis of on-site observations as an architect, the Architect will keep the Owner informed of progress of the Work, and will guard the Owner against defects and deficiencies in the Work. § 4.6.6 The Construction Manager, except to the extent required by Section 4.6.4, and Architect will not have control over or charge of and will not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility as provided in Section 3.3, and neither will be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. Neither the Construction Manager nor the Architect will have control over or charge of or be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. § 4.6.7 Communications Facilitating Contract Administration. Except as otherwise provided in the Contract Documents or when direct communications have been specially authorized, the Owner, Architect and Contractor shall communicate with each other through the Construction Manager in conformance with the communication plan approved by Owner. Communications by and with the Architect's consultants shall be through the Architect. Communications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with other Contractors shall be through the Construction Manager and shall be contemporaneously provided to the Architect. § 4.6.8 The Construction Manager will review and certify all Applications for Payment by the Contractor, including final payment. The Construction Manager will assemble each of the Contractor's Applications for Payment with similar Applications from other Contractors into a Project Application and Project Certificate for Payment. After reviewing and certifying the amounts due the Contractors, the Construction Manager will submit the Project Application and Project Certificate for Payment, along with the applicable Contractors' Applications and Certificates for Payment, to the Architect. § 4.6.9 Based on the Architect's observations and evaluations of Contractors' Applications for Payment, and the certifications of the Construction Manager, the Architect will review and certify the amounts due the Contractors and will issue a Project Certificate for Payment. § 4.6.10 The Architect and Construction Manager will have authority to reject Work which does not conform to the Contract Documents, and to require additional inspection or testing, in accordance with Sections 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or completed, but will take such action only after notifying the Construction Manager. Subject to review by the Architect, the Construction Manager will have the authority to Inst. AIA Document A201/CMaTm —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 28 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) 0 § 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 from and about the Project waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus materials. § 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, the Construction Manager may do so with the Owner's approval and the cost thereof shall be charged to the Contractor. § 3.15.3 In the absence of specific cleaning instructions, the Contractor shall follow accepted cleaning practices and any manufacturer's recommendations. § 3.16 ACCESS TO WORK §3.16.1 The Contractor shall at all times relevant to this Contract provide the Owner, Construction Manager and Architect access to the Work in preparation and progress for review or inspection, wherever located, without any formality or other procedure. § 3.17 ROYALTIES AND PATENTS § 3.17.1 The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of patent rights and shall hold the Owner, Construction Manager and Architect harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or product of a particular manufacturer or manufacturers is required by the Contract Documents. However, if the Contractor has reason to believe that the required design, process or product is an infringement of a patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the Architect. § 3.18 INDEMNIFICATION § 3.18.1 To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner, Construction Manager, Architect, Construction Manager's and Architect's consultants, and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including loss of use resulting therefrom, but only to the extent caused in whole or in part by 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 impart by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in 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 this Section 3.18 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers' compensation acts, disability benefit acts or other employee benefit acts. § 3.18.3 The obligations of the Contractor under this Section 3.18 shall not extend to the liability of the Construction Manager, Architect, their consultants, and agents and employees of any of them arising out of (1) the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications, or (2) the giving of or the failure to give directions or instructions by the Construction Manager, Architect, their consultants, and agents and employees of any of them provided such giving or failure to give is the primary cause of the injury or damage. § 3.19 AS -BUILT DOCUMENTATION; OPERATIONS & MAINTENANCE MANUALS § 3.19.1 The Contractor shall provide the information necessary for the Construction Manager to furnish one (1) copy of reproducible "as built" Construction Documents relating to the Work and improvements in a form and detail reasonably satisfactory to the Owner. AIA Document A201/CMaTM —1992. Copyright 01992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is Init. protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 26 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) of the activity, the actions being taken to bring the activity back into schedule, and the forecast completion date. .4 Show any work activities, approvals and submittals by Owner, Construction Manager, Architect or others that are predecessors to Contractor's work activities, including projected dates for submission and return of all Shop Drawings and other submittals; .5 Allow Owner to properly coordinate the work of its separate contractors, if any, and to properly plan on its use of portions of the Project prior to the date of substantial completion; .6 The expected delivery dates for all long -lead items, major equipment and material items to be incorporated into the Project; .7 Projected dates for shutdown or disruption of ongoing activities of Owner on the Site, as approved in advance by Owner; .8 Expected dates for testing and start-up of all major mechanical and electrical equipment and systems; .9 Dates that areas requested by Owner will be available for beneficial occupancy; and .9 Actual dates that all activities began or ended, as they are realized. The Construction Schedule shall be updated not less than monthly in accordance with the established cut-off dates for the progress payments. Such updates shall include with revised logic diagrams and shall include all Change Orders and other information necessary to indicate actual conditions and the actual sequence of the Work. §3.10.7 The Contractor shall also submit a weekly activities schedule ("Weekly Activities Schedule") indicating Contractor's weekly plan for executing the Work. The Weekly Activities Schedule shall be consistent with the Construction Schedule and shall indicate three (3) weeks, consisting of one (1) week "history" and two (2) weeks "future." Contractor shall attend weekly scheduling meetings with Owner at a time and place selected by Owner. § 3.11 DOCUMENTS AND SAMPLES AT THE SITE § 3.11.1 The Contractor shall maintain at the site for the Owner one record copy of the Drawings, Specifications, addenda, Change Orders and other Modifications, in good order and marked currently to record changes and selections made during construction, and in addition approved Shop Drawings, Product Data, Samples and similar required submittals. These shall be available to the Construction Manager and Architect and shall be delivered to the Construction Manager for submittal to the Owner upon completion of the Work. § 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 which 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. The purpose of their submittal is to demonstrate for those portions of the Work for which submittals are required the way the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents. Review by the Architect is subject to the limitations of Section 4.6.12. § 3.12.5 The Contractor shall carefully review, approve and submit to the Construction Manager, in accordance with the schedule and sequence approved by the Construction Manager, Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents. The Contractor shall stamp and sign each submittal with "Reviewed for compliance with the Contract Documents and approved [or approved as noted]." If the submittal contains any deviation from the requirements of the Contract Documents, the Contractor shall indicate such deviation with a conspicuous notation on the submittal. The Contractor shall cooperate with the Construction Manager in the coordination of the Contractor's Shop Drawings, Product Data, Samples and similar submittals with related documents submitted by other Contractors. Submittals made by the Contractor that are not required by the Contract Documents may be returned without action. Construction Manager and Architect shall have no duty to AIA Document A201/CMaTm —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is Inst. protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 24 may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) from any payment due him hereunder the estimated amount of such accrued and accruing taxes, excises, and license fees for the benefit of all taxing units to which the Contractor is liable. § 3.6.3 Before entering into this Contract, the Contractor shall be authorized to do business in the State of Idaho and shall execute and delivery to Owner any affidavit concerning taxes requested by Owner. § 3.6.4 Within ten (10) days of its receipt of any tax forms from the Owner, the Contractor shall properly and fully complete such forms and return them to Owner. The Contractor understands and agrees that such forms may request dates, names, addresses, contracting parties (including all subcontractors and vendors) and other information. § 3.6.5 Prior to the execution of this Contract and again prior to requesting final payment for the Work, the Contractor shall complete, execute and deliver Idaho State Tax Commission form WH -5 to both the Owner and to the Idaho State Tax Commission. § 3.7 PERMITS, FEES AND NOTICES § 3.7.1 Unless otherwise provided in the Contract Documents, the Owner shall secure and pay for the building permit and the Contractor shall secure and pay for all other permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work which are customarily secured after execution of the Contract and which are legally required when bids are received or negotiations concluded. § 3.7.2 The Contractor shall comply with and give notices required by laws, ordinances, rules and regulations and lawful orders of public authorities bearing on performance of the Work. § 3.7.3 It is not the Contractor's responsibility to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, building codes, and rules and regulations. However, if the Contractor observes that portions of the Contract Documents are at variance therewith, the Contractor shall promptly notify the Construction Manager, Architect and Owner in writing, and necessary changes shall be accomplished by appropriate Modification. § 3.7.4 If the Contractor performs Work knowing it to be contrary to laws, statutes, ordinances, building codes, and rules and regulations without such notice to the Construction Manager, Architect and Owner, the Contractor shall assume full responsibility for such Work and shall bear the attributable costs. § 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 against which the Contractor makes reasonable objection. § 3.8.2 Unless otherwise provided in the Contract Documents: .1 materials and equipment under an allowance shall be selected promptly by the Owner to avoid delay in the Work; .2 allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade discounts; .3 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 and not in the allowances; .4 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 3.8.2.2 and (2) changes in Contractor's costs under Section 3.8.2.3. § 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 at all times when the Work is actually in progress. The superintendent shall have complete authority to represent, act for and bind the Contractor, and communications given to the superintendent shall be as binding as if given to the Contractor. Important communications shall be confirmed in writing. Other Init. AIA Document A201/CMaTM —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 22 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No.10002951111 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) § 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR § 3.2.1 The Contractor shall have a continuing duty to study and compare the Contract Documents with each other, the Contractor's submittals and with information furnished by the Owner pursuant to Section 2.2.2. The Contractor shall immediately report to the Construction Manager any errors, inconsistencies or omissions discovered. The Contractor shall not be liable to the Owner, Construction Manager or Architect for damage resulting from errors, inconsistencies or omissions in the Contract Documents unless the Contractor recognized such error, inconsistency or omission and knowingly failed to report it to the Construction Manager and Architect. If the Contractor performs any construction activity knowing it involves a recognized error, inconsistency or omission in the Contract Documents without such notice to the Construction Manager and Architect, the Contractor shall assume appropriate responsibility for such performance and shall bear an appropriate amount of the attributable costs for correction. § 3.2.2 The Contractor shall have a continuing duty to take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to the Contractor with the Contract Documents before commencing activities. Errors, inconsistencies or omissions discovered shall be reported to the Construction Manager and Architect at once. § 3.2.3 The Contractor shall perform the Work in accordance with the Contract Documents and submittals approved pursuant to Section 3.12. § 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 this Contract, subject to overall coordination of the Construction Manager as provided in Sections 4.6.3 and 4.6.4. § 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, and other persons performing portions of the Work under a contract with the Contractor. § 3.3.3 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 Construction Manager or Architect in their administration of the Contract, or by tests, inspections or approvals required or performed by persons other than the Contractor. § 3.3.4 The Contractor shall inspect portions of the Project related to the Contractor's Work in order to determine that such portions are in proper condition to receive subsequent Work. § 3.3.5 The Contractor shall timely request and coordinate tests and inspections required to complete the Work. § 3.4 LABOR AND MATERIALS § 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. § 3.4.2 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Contract. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. § 3.4.3 After the Contract has been executed, the Owner after consultation with the Construction Manager and Architect, will consider a formal request for the substitution of products in place of those specified only under the following conditions (and only if submitted on the substitution request form set forth in the Contract Documents): .1 Required product cannot be supplied in time for compliance with Contract time requirements; .2 Required product is not acceptable to a governing authority, or determined to be non -compatible, or cannot be properly coordinated, warranted or insured, or has other recognized disability as certified by Contractor; Inst. AIA Document A201/CMaTM —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, .20 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45,07 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) .4 Continually endeavor to reduce the cost of the Project; .5 Avoid and minimize delays on the Project and the critical path; .6 Promote positive public relations; .7 Make the work on the Project enjoyable; .8 Construct the Project and administer the Contract Documents so that all parties are treated fairly; .9 Avoid injuries; and .10 Complete the Project without litigation. § 1.6.2 In furtherance of the objectives set forth in Section 1.6.1, the Owner and Contractor shall endeavor to promote harmony and cooperation among each other and others employed for the Project, and agree to deal with each other and others in a fair, reasonable, trusting and professional manner. In furtherance of the above, the Owner and Contractor shall: .1 Communicate and resolve problems within the terms of the Contract Documents; .2 Make decisions at the lowest possible level; .3 Communicate openly and honestly; .4 Treat each other with mutual respect, resolve personal conflicts immediately, avoid personal attacks, and focus on the merits of the Project; .5 Timely notify each party of meetings; .6 Attend and support weekly, morning and other meetings; .7 Prevent grudges from interfering with professionalism and the merits of the Project; .8 Use best their best efforts to resolve any claims or disputes, including direct negotiations with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution; and .9 Admit errors, mistakes and false starts. ARTICLE 2 OWNER § 2.1 DEFINITION § 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 term "Owner" means the Owner or the Owner's authorized representative. § 2.1.2 The Owner upon reasonable written request shall furnish to the Contractor in writing information that is 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 at the time of execution of the Agreement and, within five days after any change, information of such change in title, recorded or unrecorded. § 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER § 2.2.1 [Deleted.] § 2.2.2 The Owner has furnished some information regarding the characteristics of the Project site. By furnishing such material, the Owner does not represent, warrant, or guarantee its accuracy either in whole, in part, implicitly or explicitly, or at all, and shall have no liability therefor. The Contractor shall confirm the location of each utility, shall excavate and dispose of each on-site utility and cap each off-site utility as required by the Work and as may be included in the Contract Documents, Owner does not assume any responsibility regarding any surveys, test borings, or other investigations regarding the site, and makes no warranty or guaranty regarding the site conditions. The Contractor shall make such site investigations as the Contractor deems necessary, and make available to the Owner, Construction Manager and Architect all reports of such site investigations. § 2.2.3 Except for permits and fees that are the responsibility of the Contractor under the Contract Documents, the Owner shall secure and pay for necessary approvals, easements, assessments and charges required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities. Unless otherwise provided under the Contract Documents, the Owner, through the Construction Manager, shall secure and pay for the building permit. § 2.2.4 Information or services under the Owner's control shall be furnished by the Owner with reasonable promptness to avoid delay in orderly progress of the Work. AIA Document A201/CM&= — 1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is Init. protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 8 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) 0 0 § 1.1.9 INSTALL The word "install' and any derivatives thereof shall mean to incorporate the specified items, materials or equipment into the Work including all necessary labor, materials and connections to the extent required by, or reasonably inferable from, the Contract Documents to perform a proper and complete installation of the items, materials or equipment in a condition ready for use or operation, including but not limited to, unpacking and assembly of the item, material or equipment. § 1.1.10 PROVIDE The word "provide" and any derivatives thereof shall mean to furnish and install as defined above. § 1.1.11 EXPRESSED VERBS In the interest of conciseness, the Contract Documents may contain phrases with expressed verbs, such as furnish, install, provide, perform, construct, erect, comply, apply or submit. Such phrases shall be construed to include the appropriate form of the phrase "the Contractor shall' preceding the expressed verb and the requirements described therein shall be a mandatory element of this Contract. § 1.1.12 SEE In the interest of conciseness, the Contract Documents may contain references to specification sections and details preceded by the word "see". Such references shall be construed to include the appropriate form of the phrase, ", and comply with,." § 1.1.13 INDICATED OR SHOWN The words "indicated" or "shown" and any derivative thereof shall mean "as detailed, scheduled, schematically depicted or stated in Contract Documents." § 1.1.14 INCLUDING The words "include", "includes", or "including" shall be deemed to be followed by the phrase "without limitation." § 1.1.15 APPROVED, DIRECTED, SELECTED The words "approved, directed, selected" and similar words and phrases shall be presumed to be followed by "by Architect". The words "satisfactory, submitted, reported" and similar words and phrases shall be presumed to be followed by "to Architect". § 1.2 EXECUTION, CORRELATION AND INTENT § 1.2.1 The Contract Documents shall be signed by the Owner and Contractor as provided in the Agreement. If either the Owner or Contractor or both do not sign all the Contract Documents, the Architect shall identify such unsigned Documents upon request. § 1.2.2 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents. § 1.2.3 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 intended results. The Contractor shall notify the Construction Manager of any materials indicated but not specified as to finish, quality or installation. Unless otherwise directed by the Construction Manager, any materials not specified shall be consistent in finish, quality and installation as the adjacent or similar finished conditions. § 1.2.4 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. § 1.2.5 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. Init. AIA Document A201/CMan" —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 16 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No.10002951 1 1_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) 0 Written Orders 0 5.2.1, 5.3; 5.4.1.1, 8.2.2, 9.4, 9.5.1, 9.7, 9.10, 10.1.2, 10.2.6, 11.1.3, 11.3, 12.2.2, 12.2.4, 13.3, 13.5.2, 14 2.3, 3.9, 4.7.7, 8.2.2, 11.3.9, 12.1, 12.2, 13.5.2, 14.3.1 AIA Document A201/CMM rm —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA7 Document is Init. protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 14 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No. 1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) 13.7.1.3 Weather Delays 4.7.8.2 When Arbitration May 4.9.4 Be Demanded Work, Definition of 1.1.3 Written Consent 1.3.1, 3.12.8, 3.14.2, 4.7.4, 4.9.5, 9.3.2, 9.8.2, 9.9.1, 9.10.2, 9.10.3, 10.1.2, 10.1.3, 11.3.1, 11.3.1.4, 11.3.11, 13.2, 13.4.2 Written Interpretations 4.6.18, 4.6.19, 4.7.7 Written Notice 2.3, 2.4, 3.9, 3.12.8, 3.12.9, 4.7.1, 4.7.6, 4.7.9, 4.8.4, 4.9.4.1, Written Orders 0 5.2.1, 5.3; 5.4.1.1, 8.2.2, 9.4, 9.5.1, 9.7, 9.10, 10.1.2, 10.2.6, 11.1.3, 11.3, 12.2.2, 12.2.4, 13.3, 13.5.2, 14 2.3, 3.9, 4.7.7, 8.2.2, 11.3.9, 12.1, 12.2, 13.5.2, 14.3.1 AIA Document A201/CMM rm —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA7 Document is Init. protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 14 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No. 1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) 0 0 Representations 1.2.2, 3.5.1, Contractors 3.12.7, 6.2.2, Shop Drawings, Definition 3.12.1 8.2.1, 9.3.3, of 9.4.3, 9.5.1, Shop Drawings, Product 3.11, 3.12, 9.8.2, 9.10.1 Data and Samples 4.6.11, Representatives 2.1.1, 3.1.1, 4.6.12, 4.6.15 3.9, 4.1.1, Site, Use of 3.13, 6.1.1, 4.6.1, 4.6.17, 6.2.1 5.1.1, 5.1.2, Site Inspections 1.2.2, 3.3.4, 13.2.1 4.6.5, 4.6.16, Resolution of Claims and 4.8, 4.9 4.7.6, 9.8.2, Disputes 9.10.1, 13.5 Responsibility for Those 3.3.2, 4.6.6, Site Visits, Architect's 4.6.5, 4.6.9, Performing the Work 62,10 4.7.6, 9.4, Retainage 9.3.1, 9.6.2, 9.5.1, 9.8.2, 9.8.3, 9.9.1, 9.9.2, 9.10.1, 9.10.2, 9.10.3 13.5 Review of Contract 1.2.2, 3.2, Special Inspections and 4.6.10, Documents and Field 3.7.3, 3.12.7 Testing 12.2.1, 13.5 Conditions by Contractor Specifications, Definition 1.1.6 Review of Contractor's of the Submittals by Specifications, The 1.1.1, 1.1.6, Owner, Construction 3.10.1, 1.1.7, 1.2.4, Manager and Architect 3.10.3, 3.11, 1.3, 3.11 3.12, 4.6.12. Statute of Limitations 4.9.4.2, 4.6.16, 5.2.1, 12.2.6, 13.7 5.2.3, 9.2, Stopping the Work 2.3, 4.7.7, 9.8.2 9.7, 10.1.2, Review of Shop Drawings, 3.12.5 10.3, 14.1 Product Data and Samples Stored Materials 6.2.1, 9.3.2, by Contractor 10.2.1.2, Rights and Remedies 1.1.2, 2.3, 11.3.1.4, 2.4, 3.5.1, 12.2.4 3.15.2, Subcontractor, Definition 5.1.1 4.6.10, 4.7.6, of 4.9, 5.3, 6.1, SUBCONTRACTORS 5 6.3, 7.3.1, Subcontractors, Work by 1.2.4, 3.3.2, 8.3.1, 9.5.1, 3.12.1, 4.6.6, 9.7, 10.2.5, 4.6.10, 5.3, 10.3, 12.2.2, 5.4 12.2.4,13.4, Subcontractual Relations 5.3, 5.4, 14 9.3.1.2, 9.6.2, Royalties and Patents 3.17 9.6.3, 9.6.4, Rules and Notices for 4.9.2 10.2.1, Arbitration 11.3.7, Safety of Persons and 10.2 11.3.8, Property 14.1.1, Safety Precautions and 4.6.6, 4.6.12, 14.2.1.2, Programs 10.1 14.1.3 Samples, Definition of 3.12.3 Submittals 1.3, 3.2.3, Samples, Shop Drawings, 3.11, 3.12, 3.10, 3.11, Product Data and 4.6.12 3.12, 4.6.12, Samples at the Site, 3.11 5.2.1, 5.2.3, Documents and 7.3.6, 9.2, Schedule of Values 9.2, 9.3.1 9.3.1, 9.8.2, Schedules, Construction 3.10 9.9.1, 9.10.2, Separate Contracts and 1.1.4 9.10.3, 11.1.3 Inst. AIA Document A201/CMaim —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 12 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Omer No.1000295111_1 which expires on 4/4/2009, and is not for resale. User Notes: (744410520) 0 Materials, Hazardous Materials, Labor, Equipment and Means, Methods, Techniques, Sequences and Procedures of Construction Minor Changes in the Work MISCELLANEOUS PROVISIONS Modifications, Definition of Modifications to the Contract Mutual Responsibility Nonconforming Work, Acceptance of Nonconforming Work, Rejection and Correction of Notice Notice, Written 9.4.3, 9.6.5, 9.10.4 10.1, 10.2.4 1.1.3, 1.1.6, 3.4.1, 3.5.1, 3.8.2, 3.12.2, 3.12.3, 3.12.7, 3.12.11, 3.13, 3.15.1, 4.6.12, 6.2.1, 7.3.6, 9.3.2, 9.3.3, 1 2.2.4, 14.1.2, 14.2.1, 14.2.2 3.3.1, 4.6.6, 4.6.12, 9.4.3 1.1.1, 4.6.13, 4.7.7, 7.1, 7.4 13 1.1.1, 1.1.2, 3.7.3, 3.11, 4.1.2, 4.6.1, 5.2.3, 7, 8.3.1, 9.7 6.2 12.3 2.3.1, 4.7.5.2, 9.5.2, 9.8.2, 12, 13.7.1.3 2.3, 2.4, 3:2.1, 3.2.2, 3.7.3, 3.7.4, 3.9, 3.12.8, 3.12.9, 3.17, 4.7, 4.8.4, 4.9, 5.2.1, 5.3, 5.4.1.1, 8.2.2, 9.4.1, 9.5.1, 9.7, 9.10, 10.1.2, 10.2.6, 11.1.3, 11.3, 12.2.2, 12.2.4, 13.3, 13.5.1, 13.5.2, 14, 2.3, 2.4, 3.9, 3.12.8, 3.12.9,4.7, 4.8.4, 4.9, Ll Notice of Testing and Inspections Notice to Proceed Notices, Permits, Fees and Observations, Architect's On -Site Observations, Construction Manager's On -Site Observations, Contractor's Occupancy On -Site Inspections by the Architect On -Site Observations by the Architect On -Site Observations by the Construction Manager Orders, Written Other Contracts and Contractors OWNER Owner, Definition of Owner, Information and Services Required of the Owner's Authority 5.2.1, 5.3, 5.4.1.1, 8.2.2, 9.4.1, 9.5.1, 9.7, 9.10, 10.1.2, 10.2.6, 11.1.3, 11.3, 12.2.2, 12.2.4, 13.3, 13.5.2, 14 13.5.1, 13.5.2 8.2.2 2.2.3, 3.7, 3.13, 7.3.6.4, 10.2.2 4.6.5, 4.6.9, 4.6.10, 4.7.6, 9.4.4, 9.5.1, 9.10.1, 12.1.1, 13.5 9.4.4, 12.1.1 1.2.2, 3.2.2 9.6.6, 9.8.1, 9.9, 11.3.11 4.6.5, 4.6.16, 4.7.6, 9.4.4, 9.8.2, 9.9.2, 9.10.1 4.6.5, 4.6.9, 4.7.6, 9.4.4, 9.5.1, 9.10.1, 13.5 9.4.4, 9.5.1 2.3, 3.9, 4.7.7, 7, 8.2.2, 11.3.9, 12.1, 12.2, 13.5.2, 14.3.1 1.1.4, 3.14.2, 4.6.7, 4.9.5, 6,11.3.7, 12.1.2, 12.2.5 2 2.1 2.1.2, 2.2, 4.6.2, 4.6.4, 6,9,10.1.4, 10.1.6, 11.2, 11.3, 13.5.1, 14.1.1.5, 14.1.3 3.8.1, 5.2.1, 5.2.4, 5.4.1, 7.3.1, 8.2.2, AIA Document A201/CMaTM —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is Inst. protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of It, 10 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Omer No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) 0 L] AIA Document A201/CMaTM —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is Inst. protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, $ may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) 2.2.5, 3.11, Fire and Extended 11.3.1.1, 5.3 Coverage Insurance 11.3.5, 11.3.7 Duty to Review Contract 3.2 GENERAL 1 Documents and Field PROVISIONS Conditions Governing Law 13.1 Effective Date of Insurance 8.2.2, 11.1.2 Guarantees (See Warranty Emergencies 4.7.7, 10.3 and Warranties) Employees, Contractor's 3.3.2., 3.4.2, Hazardous Materials 10.1, 10.2.4 3.8.1, 3.9, Identification of Contract 1.2.1 3.18.1, Documents 3.18.2, 4.6.6, Identification of 5.2.1 4.6.10, 8.1.2, Subcontractors and 10.2, 10.3, Suppliers 11.1.1, Indemnification 3.17, 3.18, 14.2.1.1 9.10.2, Equipment, Labor, 1.1.3, 1.1.6, 10.1.4, Materials and 3.4, 3.5.1, 11.3.1.2, 3.8.2, 3.12.2, 11.3.7 3.12.3, Information and Services 2.1.2, 2.2, 3.12.7, Required of the Owner 4.7.4, 6.2.6, 3.12.11, 3.13, 9.3.2, 9.6.1, 3.15.1, 9.6.4, 9.8.3, 4.6.12, 6.2.1, 9.9.2, 9.10.3, 7.3.6, 9.3.2, 10.1.4, 11.2, 9.3.3, 11.3, 11.3, 13.5.1, 12.2.4, 13.5.2 14.1.2, Injury or Damage to 4.7.9 14.2.1, 14.2.2 Person or Property Execution and Progress of 1.2.3, 3.4.1, Inspections 3.3.3, 3.3.4, the Work 3.5.1, 4.6.5, 3.7.1, 4.6.5, 4.6.6, 4.7.4, 4.6.6, 4.6.16, 4.7.8, 6.2.2, 4.7.6, 9.4.3, 7.1.3, 8.2, 9.8.2, 9.9.2, 8.3, 9.5, 9.10.1, 9.9.1, 10.2.3, 12.1.1, 13.5 10.2.4 Instructions to Bidders 1.1.1 Execution, Correlation 1.2, 3.7.1 Instructions to the 3.8.1, 4.6.13, and Intent of the Contractor 5.2.1, 7, 12.1, Contract Documents 13.5.2 Extensions of Time 4.7.1, 4.7.8, Insurance 4.7.9, 6.1.1, 7.2.1.3, 8.3, 7.3.6.4, 9.3.2, 10.3.1 9.8.2, 9.9.1, Failure of Payment by 9.5.1.3, 9.10.2, 11 Contractor 14.2.1.2 Insurance, Boiler and 11.3.2 Failure of Payment by 4.7.7, 9.7, Machinery Owner 14.1.3 Insurance, Contractor's 11.1, Faulty Work (See Liability 11.3.1.13 Defective or Insurance, Effective Date 8.2.2, 11.1.2 Nonconforming Work) of Final Completion and 4.6.1, 4.6.16, Insurance, Loss of Use 11.33 Final Payment 4.7.2, 4.7.5, Insurance, Owner's 11.2, 11.3.1.3 9.10, 11.1.2, Liability 11.1.3, Insurance, Property 10.2.5, 11.3 11.3.5, Insurance, Stored Materials 9.3.2, 12.3.1, 13.7 11.3.1.4 Financial Arrangements, 2.2.1 INSURANCE AND 11 Owner's BONDS AIA Document A201/CMaTM —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is Inst. protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, $ may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) Contract Documents, Definition of Contract Performance During Arbitration Contract Sum Contract Sum, Definition of Contract Time Contract Time, Definition of CONTRACTOR Contractor, Definition of Contractor's Bid Contractor's Construction Schedules Contractor's Employees Contractor's Liability Insurance Contractor's Relationship with Other Contractors and Owner's Own Forces Contractor's Relationship with Subcontractors Contractor's Relationship with the Architect 4.7.4, 4.9.3 3.8, 4.7.6, 4.7.7, 4.8.4, 5.2.3, 7.2, 7.3, 9.1, 9.7, 11.3.1, 12.2.4, 12.3, 14.2.4 9.1.1 4.7.6, 4.7.8.1, 4.8.4, 7.2.1.3, 7.3, 8.2.1, 8.3.1, 9.7, 12.1.1 8.1.1 3.3.2, 3.4.2, 3.8.1, 3.9, 3.18, 4.6.6, 4.6.10, 8.1.2, 10.2, 10.3, 11.1.1, 14.2.1.1 11.1, 11.3.1.5 3.12.5, 3.14.2, 4.6.3, 4.6.7, 12.2.5 1.2.4, 3.3.2, 3.18.1, 3.18.2, 5.2, 5.3, 5.4, 9.6.2, 11.3.7, 11.3.8, 14.2.1.2 1.1.2, 3.2.1, 3.2.2, 3.3.3, 3.5.1, 3.7.3, 3.10.1, 3.10.3, 3.11.1, 3.12.6, 3.12.8, 3.12.9, 3.16.1, 3.18, 4.6.6, 4.6.7, 4.6.10, 4.6.12, E Contractor's Relationship with the Construction Manager 4.6.4, 4.6.6, 5.2, 6.2.1, 6.2.2, 7.1.2, 7.2.1, 7.3.4, 7.3.6, 7.3.9, 8.3.1, 9.2.1, 9.3.1, 9.4.1, 9.4.2, 9.4.3, 9.7.1, 9.8.2, 9.9.1, 9.10.1, 9.10.2, 9.10.3, 10.1.1,10.1.2, 10.1.5, 10.2.6,11.3.7, 12.1, 13.5.1, 13.5.2, 13.5.3, 13.5.4 Contractor's Representations Contractor's Responsibility for Those Performing the Work Contractor's Review of Contract Documents Contractor's Right to Stop the Work Contractor's Right to Terminate the Contract Contractor's Submittals 4.6.19, 5.2, 6.2.2, 7.3.4, 9.2, 9.3.1, 9.8.2, 9.10.3,10.1.2, 10.1.5, 10.2.6, 11.3.7, 12.1, 13.5 1.1.2, 3.2.1, 3.2.2,3.3.1, 3.3.3, 3.5.1, 3.7.3, 3.7.4, 3.10.1, 3.10.2, 3.10.3, 3.11.1, 3.12.5, 3.12.6, 3.12.8, 3.12.9, 3.12.11, 3.13.2, 3.14.2, 3.15.2, 3.16.1, 3.17.1, 3.18.1, 3.18.3, 4.6.3, 1.2.2, 3.5.1, 3.12.7, 6.2.2, 8.2.1, 9.3.3 3.3.2, 3.18, 4.6.6, 10 1.2.2, 3.2, 3.7.3 9.7 14.1 3.10, 3.11, 3.12, 4.6.12, 5.2.1, 5.2.3, 7.3.6, 9.2, 9.3.1, 9.8.2, 9.9.1, 9.10.2, Inst. AIA Document A201/CMaTM —1992. Copyright ®1992 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, or any portion of it, s may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) El Claims and Disputes 4.7, 4.8, 4.9, 10.2.2, 11.1, 6.2.5, 8.3.2, 11.3, 13.1, 9.3.1.2, 9.3.3, 13.5.1, 9.10.4, 10.1.4 13.5.2, 13.6, Claims and Timely 4.9.6 14.1.1, Assertion of Claims 14.2.1.3 Claims for Additional 4.7.6, 4.7.7, Concealed or Unknown 4.7.6 Cost 4.7.9, 6.1.1, Conditions 10.3 Conditions of the Contract 1.1.1, 1.1.7, Claims for Additional 4.6.9, 4.7.6, 6.1.1 Time 4.7.8, 4.7.9, Consent, Written 1.3.1, 3.12.8, 8.3.2 3.14.2, 4.7.4. Claims for Concealed or 4.7.6 4.9.5, 9.3.2, Unknown Conditions 9.8.2, 9.9.1, Claims for Damages 3.18, 4.7.9, 9.10.2, 6.1.1, 6.2.5, 9.10.3, 10.12, 8.3.2, 9.5.1.2, 10.1.3, 10.1.4 11.3.1, Claims Subject to 4.7.2, 4.8.4, 11.3.1.4, Arbitration 4.6.1 11.3.11, 13.2, Cleaning Up 3.15, 6.3 13.4.2 Commencement of 13.7 CONSTRUCTION BY 1.1.4, 6 Statutory Limitation OWNER OR BY OTHER Period CONTRACTORS Commencement of the 2.12 ,2.2.1, Construction Change 7.3.1 Work, Conditions Relating 3.2.1, 3.2.2, Directive, Definition of to 3.7.1, 3.10.1 Construction Change 1.1.1, 4.6.13, 3.12.6, 4.7.7, Directives 7.1, 7.3, 5.2.1, 6.2.2, 9.3.1.1 8.1.2, 8.2.2, Construction Manager 4.2 9.2, 11.1.3, Construction Manager, and 2.2.3 11.3.6, 11.4.1 Building Permits Commencement of the 8.1.2 Construction Manager, 4.7.2 Work, Definition of Claims against Communications, Owner to 2.2.6 Construction Manager, 4.6.7 Architect Communications through Communications, Owner to 2.2.6 Construction Manager, and 3.10.1, 3.10.2 Construction Manager Construction Schedule Communications Construction Manager, 4.2.1 Facilitating Contract Definition of Administration 3.9.1 4.6.7, Construction Manager, and 3.11.1 5.2.1 Documents and Samples at Completion, Conditions 3.11, 3.15, the Site Relating to 4.6.5, 4.6.16, Construction Manager, 3.12.6, 4.7.2, 9.4.2, Extent of Authority 3.12.8, 4.3, 9.8, 9.9.1, 4.6.3, 4.6.11, 9.10, 11.3.5, 7.1.2, 7.2.1, 12.2.2, 13.7.1 7.3.1, 8.3.1, COMPLETION, 9 9.2.1, 9.3.1, PAYMENTS AND 9.4.1, 9.4.3, Completion, Substantial 4.6.16, 9.8.2, 9.8.3, 4.7.5.2, 8.1.1, 9.9.1, 12.1, 8.1.3, 8.2.3, 12.2.1, 9.8, 9.9.1, 12.2.4, 12.2.2, 13.7 14.2.2, 14.2.4 Compliance with Laws 1.3, 3.6, 3.7, Construction Manager, 4.6.6, 4.6.10, 3.13, 4.1.1, Limitations of Authority 13.4.2 �n�t AIA Document A201/CMaTM —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) :J INDEX Acceptance of Nonconforming Work Acceptance of Work Access to Work Accident Prevention Acts and Omissions Addenda Additional Costs, Claims for Additional Inspections and Testing Additional Time, Claims for ADMINISTRATION OF THE CONTRACT Advertisement or Invitation to Bid Aesthetic Effect Allowances All-risk Insurance Applications for Payment Approvals Arbitration Architect Architect, and Certificate 9.6.6, 9.9.3. 12.3 9.6.6, 9.8.2, 9.9.3, 9.10.1, 9.10.3 3.16, 6.2.1, 12.1 4.6.6, 10 3.2.1, 3.2.2, 3.3.2, 3.12.8, 3.18, 4.6.6, 4.6.2., 4.7.9, 8.3.1, 10.1.4, 10.2.5, 13.4.2, 13.7, 14.1 1.1.1, 3.11 4.7.6, 4.7.7, 4.7.9, 6.1.1, 10.3 4.6.10, 9.8.2, 12.2.1, 13.5 4.7.6, 4.7.8, 4.7.9, 8.3.2, 10.3 3.3.3, 4, 9.4, 9.5 1.1.1 4.6.20, 4.9.1 3.8 11.3.1.1 4.6.9, 7.3.7, 9.2, 9.3, 9.4, 9.5.1, 9.6.3, 9.8.3, 9.1 0.1, 9.10.3, 9.10.4, 11.1.3, 14.2.4 2.4, 3.3.3, 3.5, 3.10.3, 3.12.4 through 3.12.8, 3.18.3, 4.6.12, 9.3.2, 11.3.1.4, 13.4.2, 13.5 4.5, 4.7.4, 4.9, 8.3.1, 10.1.2, 11.3.9, 11.3.10 4.1 4.6.9 0 of Payment Architect, Definition of Architect, Extent of Authority Architect, Limitations of Authority and Responsibility Architect's Additional Services and Expenses Architect's Administration of the Contract Architect's Approvals Architect's Authority to Reject Work Architect's Copyright Architect's Decisions 4.1.1 2.4.1, 3.12.6, 4.6.6, 4.7.2, 5.2, 6.3, 7.1.2, 7.2.1, 7.4, 9.2, 9.3.1, 9.4, 9.5, 9.6.3, 9.8.2, 9.8:3, 9.10.1, 9.10.3, 12.1, 12.2.1, 13.5.1, 13.5.2, 14.2.2, 14.2.4 3.3.3, 3.12.8, 3.12.11, 4.6.5, 4.6.6, 4.6.10, 4.6.12, 4.6.17, 4.6.19, 4.6.20, 4.7.2, 5.2.1, 7.4, 9.6.4 2.4, 9.8.2 11.3.1.1, 12.2.1, 12.2.4, 13.5.2, 13.5.3, 14.2.4 4.6, 4.7.6, 4.7.7, 4.8, 9.4, 9.5 2.4.1, 3.5.1, 3.10.3, 3.12.6, 3.12.8, 3.18.3, 4.6.12 3.5.1, 4.6.1 0, 12.1.2, 12.2.1 1.3 4.6.10, 4.6.12, 4.6.18, 4.6.19, 4.6.20.4.7.2, 4.7.6, 4.8.1, 4.8.4, 4.9, 6.3, 8.1.3, 8.3.1, 9.2, 9.4, 9.5.1, 9.8.2, 9.9.1, 10.1.2, Init.AIA Document A201/CMaT"-1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 2 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:45:07 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (744410520) 0 0 0 0 Number Date Pages Addendum A 6-18-07 1 Addendum B 7-2-07 182 Addendum C 7-9-07 4 Addendum D 7-16-07 42 Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. § 9.1.7 Other documents, if any, forming part of the Contract Documents are as follows: (List here any additional documents which are intended to form pan of the Contract Documents. The General Conditions provide that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be pan of the Contract Documents.) This Agreement is entered into as of the day and year first written above and is executed in at least four original copies of which one is to be delivered to the Contractor, one each to the Construction Manager and Architect for use in the administration of the Contract, and the remainder to the Owner. OWNER CONTRACTOR CITY OF MERIDIAN, An Idah cipal Corporation Approved by City Attest: - ,� - CI k �- -_ SEAL _- "/ � yj� h yap \ l%'�� �� 113'` � �.,� `��• /�/lllilidS lii6lt��`t\,t` AIA Document A101/CMaTM —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is Init protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 10 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 09:16:27 on 08/1512007 under Order No.1000295111_1 which expires on 4/4/2006, and is not for resale. User Notes: (2307587197) 0 E2.01L Basement Lighting Plan — Area 1 E2.01M Basement Mechanical Power Pla — Area 1 E2.01P Basement Power Plan — Area 1 E2.01S Basement Special Systems Plan — Area 1 E2.02F Basement Fire Alarm Plan — Area 2 E2.02L Basement Lighting Plan — Area 2 E2.02M Basement Power Plan — Area 2 E2.02S Basement Special Systems Plan — Area 2 E2.1F First Floor Fire Alarm Plan — Area 1 E2.1L First Floor Lighting Plan — Area 1 E2.1M First Floor Mechanical Power Plan — Area 1 E2.1P First Floor Power Plan — Area 1 E2.1 S First Floor Special Systems Plan — Area 1 E2.2F First Floor Fire Alarm Plan — Area 2 E2.12L First Floor Lighting Plan — Area 2 E2.12M First Floor Mechanical Power Plan — Area 2 E2.12P First Floor Power Plan — Area 2 E2.12S First Floor Special Systems Plan — Area 2 E2.21F Second Floor Fire Alarm Plan — Area 1 E2.21 L Second Floor Lighting Plan — Area 1 E2.21M Second Floor Mechanical Power Plan — Area 1 E2.21 P Second Floor Power Plan — Area 1 E2.21 S Second Floor Special Systems Plan — Area 1 E2.22F Second Floor Fire Alarm Plan — Area 2 E2.22L Second Floor Lighting Plan — Area 2 E2.22M Second Floor Mechanical Power Plan — Area 2 E2.22P Second Floor Power Plan — Area 2 E2.22S Second Floor Special Systems Plan — Area 2 E2.21F Third Floor Fire Alarm Plan — Area 1 E2.21L Third Floor Lighting Plan — Area 1 E2.21M Third Floor Mechanical Power Plan — Area 1 E2.21P Third Floor Power Plan — Area 1 E2.21 S Third Floor Special Systems Plan — Area 1 E2.22F Third Floor Fire Alarm Plan — Area 2 E2.22L Third Floor Lighting Plan — Area 2 E2.22M Third Floor Mechanical Power Plan — Area 2 E2.22P Third Floor Power Plan — Area 2 E2.22S Third Floor Special Systems Plan — Area 2 E2.40 Overall -Roof Electrical Plan E2.50 Penthouse Electrical Plans E3.00 Electrical Schedules E3.01 Electrical Schedules E3.02 Electrical Schedules E3.03 Electrical Schedules E3.04 Electrical Schedules E3.05 Electrical Schedules E4.0 Electrical Details E4.1 Electrical Details E5.0 One Line Diagram E6.1 Lighting Compliance Certificate Addendum B A2.11TFR First Floor Finish Plan —Area 1 A2.12TFR First Floor Finish Plan —Area 2 ELL Site Electrical Plan E1.1 Shell and Core Site Electrical Details E2.01F Basement Fire Alarm Plan- Area 1 Inst. AIA Document A101/CMaT" —1992. Copyright 01992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 8 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 09:1627 on 06/15/2007 under Order No.1000295111_1 which expires on 4/4/2006, and is not for resale. User Notes: (2307587197) 0 0 (Table deleted) § 9.1.5 The Drawings are as follows, and are dated unless a different date is shown below: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Title of Drawings exhibit: ARCHITECTURAL O.OT Cover Sheet AO.OT Life Safety Plan-Site/Basement Floor MAT Life Safety Plan- First Floor AO.2T Life Safety Plan- Second Floor A0.3T Life Safety Plan- Third Floor MAT Life Safety Plan- Penthouse AO.5T U.L Assemblies A2.00T Overall- Basement Floor Plan A2.01T Basement Floor- Area 1 Floor Plan A2.O1TF Basement Floor- Area 1 Floor Finish Plan A2. l OT Overall- First Floor Plan A2.1 IT First Floor -Area 1 Floor Plan A2.11TF First Floor -Area 1 Floor Finish Plan A2.12T First Floor -Area 1 Floor Plan A2.12TF First Floor -Area 2 Floor Finish Plan A2.20T Overall -Second Floor Plan A2.217 Second Floor -Area 1 Floor Plan A2.21TF Second Floor -Area 1 Floor Finish Plan A2.22T Second Floor -Area 2 Floor Plan A2.22TF Second Floor -Area 2 Floor Finish Plan A2.30T Overall -Third Floor Plan A2.31T Third Floor -Area 1 Floor Plan A2.31TF Third Floor -Area 1 Floor Finish Plan A2.32T Third Floor -Area 2 Floor Plan A2.32TF Third Floor -Area 2 Floor Finish Plan A2.40T Overall -Penthouse Floor Plan A2.6T Room Finish Schedules A3.OT Door and Window Schedules Frame Types AMT Door and Window Details A3.2T Shell Window Frame Types A3.3T Door and Window Details MAT Door and Window Details MAT Building Sections A4.5T Building Sections A5.OT Wall Sections MAT Wall Sections A5.2T Wall Sections A6.OT Enlarged Floor Plans MAT Enlarged Floor Plans A6.2 Interior Elevations A6.3T Interior Elevations MAT Interior Elevations A6.5T Interior Elevations A6.6T Interior Elevations A63T Interior Elevations A6.8T Interior Elevations A6.9T Interior Elevations A6.10T Interior Elevations A6.1 IT Interior Elevations A6.12T Interior Elevations ATO1T Basement Floor Reflected Ceiling Plan -Area 1 AIA Document A101/CMaTm —1992. Copyright ® 1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is Init. protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, s 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 09:16:27 on 08/15/2007 under Omer No.10002951 11_1 which expires on 4/4/2008, and is not for resale. User Notes: (2307587197) 0 • an Application for Payment is received by the Construction Manager after the application date fixed above, payment shall be made by the Owner not later than Thirty ( 30 ) days after the Construction Manager receives the Application for Payment. § 5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in accordance with the Contract Documents. The Schedule of Values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Construction Manager or Architect may require. This schedule, unless objected to by the Construction Manager or Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: § 5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the Schedule of Values, less retainage of Five Percent ( 5% ). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included as provided in Section 7.3.7 of the General Conditions; § 5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of ( ); § 5.6.3 Subtract the aggregate of previous payments made by the Owner; and § 5.6.4 Subtract amounts, if any, for which the Construction Manager or Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of the General Conditions. § 5.7 The progress payment amount determined in accordance with Section 5.6 shall be further modified under the following circumstances: § 5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to ( ) of the Contract Sum, less such amounts as the Construction Manager recommends and the Architect determines for incomplete Work and unsettled claims; and § 5.7.2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Section 9.10.3 of the General Conditions. § 5.8 Reduction or limitation of retainage, if any, shall be as follows: (If it is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in Sections 5.6.1 and 5.6.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) ARTICLE 6 FINAL PAYMENT Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when (1) the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work as provided in Section 12.2.2 of the General Conditions and to satisfy other requirements, if any, which necessarily survive final payment; and (2) a final Project Certificate for Payment has been issued by the Construction Manager and Architect; such final payment shall be made by the Owner not more than 30 days after the issuance of the final Project Certificate for Payment, or as follows: AIA Document A101/CMaTM —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is Init. protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of It, 4 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 09:16:27 on 08/15/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (2307587197) • 0 ARTICLE 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 execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement; these form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement is the date from which the Contract Time of Section 3.2 is measured, and shall be the date of this Agreement, as first written above, unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Paragraphs deleted) September 15, 2007 § 3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than ) days after the Date of Commencement. (Insert the calendar date or number of calendar days after the date of commencement. Also insert any requirements for earlier Substantial Completion of certain portions of the Work, if not stated elsewhere in the Contract Documents.) Portion of Work Substantial Completion date Provide all Fire Protection as noted on the drawings July 1, 2008 and specifications and per the following: Division I — General Requirements Section 07841– Through -Penetration Firestop Systems Section 07842 – Fire -Resistive Joint Systems Section 15051 – Common Work Results for Fire Suppression Section 15056 – Common Motor Requirements for Fire Suppression Section 15082 – Plumbing Insulation Section 15325 – Fire Suppression Piping Section 15328 – Electric -Drive, Centrifugal Fire Pumps Section 15950 –Testing, Adjusting, and Balancing This bid package specifically includes: • Includes a complete fire protection system per NFPA 13 standards and in accordance with Meridian Rural Fire Protection District requirements. • Include all piping material and installation instruction common to most piping systems, including fire pump, sleeves, escutcheons, Init. AIA Document A101/CMaTM —1992. Copyright ® 1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, .2 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 09:16:27 on 08/15/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (2307587197) t CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF JULY 17, 2007 A. Vicinity Map Bellingham Park Subdivision, Phase 3 MFP-07-005 M Bellingham Park Subdivision, Phase 3 MFP-07-005 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF JULY 17, 2007 C. Flood Plain Map wTrf Bellingham Park Subdivision, Phase 3 MFP-07-00.5 July 13, 2007 Department Reports MERIDIAN CITY COUNCIL MEETING July 17, 2007 APPLICANT Mayor's Office ITEM NO. 6-E-1 REQUEST Impact Fee Committee BCA Representative Joe Kunz AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. July 13, 2007 MFP 07-005 MERIDIAN CITY COUNCIL MEETING July 17, 2007 APPLICANT Bellingham Park, LLC ITEM NO. 8 REQUEST Modification of the Final Plat for Bellingham Subdivision, Phase 3 to eliminate Condition 1 1 & Modify Condition 10 to allow development of Final Map, Phase 3 which requires a Letter of Map Revision from FEMA prior to development of the site for Bellingham Sub. No. 3 - e/o S. Locust Grove & s/o E. Victory AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: COMMENTS See attached Staff Comments No Comment No Comment See attached Comments Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF BELLINGHAM PARK, LLC FOR FINAL PLAT MODIFICATION TO SITE SPECIFIC CONDITION #10 AND ELIMINATION OF CONDITION #11 TO ALLOW DEVELOPMENT OF BELLINGHAM PARK SUBDIVISION, NO.3 LOCATED EAST OF LOCUST GROVE AND SOUTH OF VICTORY IN T. 3N., R. 1E., SECTION 29 • CIC July17, 2007 CASE NO. MFP-07-005 ORDER OF CONDITIONAL APPROVAL FOR A MODIFICATION TO THE FINAL PLAT This matter coming before the City Council for a Modification to an approved Final Plat pursuant to Unified Development Code 11-5A-2 on July 17, 2007, and the Council finding that the Administrative Review is complete from Bill Parsons, Associate City Planner for the Planning Department, dated: Hearing Date: July 17, 2007, to the Mayor and Council, and the Council having considered the requested modification to the conditions of the approved final plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The additional requirements from the action of the Council taken at their July 17, 2007 meetings as follows, to -wit: ORDER OF CONDITIONAL APPROVAL FOR A MODIFICATION TO THE FINAL PLAT FOR BELLINGHAM PARK SUBDIVISION NO. 3 / (MFP-07-005) Page I of 4 • E 1.1 Adopt the action of the Council taken at their July 17, 2007 meeting, and specifically pertaining to Conditions of Approval, 10, and 11, such now they reads as follows: CONDITIONS OF APPROVAL states,10. This prop", has a Development Agreement th develepmei# eeffunenee .,t;l FEMA approves the proposod Le of N4 p Re, ,4sio .,,...1 the flood designation has heen -ed for Ten MileCreek.iftheflood plat „,1 not approved FEMA, the appheant shall have twe options: 1) remove any lots wi"n the FEMA approved fleedplain boundaries or 2) resubmit for preliminary plat apprev lis R and TTT �� Tl.efefere the ! ;12. PST Y� ,;11 not issue building po«.,-,;ts o this phase until t1,o FEN4A approved T O AAD is submitted to P 1rviic Works. The developer shall obtain a floodplain development permit application for the proposed construction that affects the floodplain with the exception of the culvertibridge crossingat t Writwood Drive which requires separate approval. The City Meridian may issue building_ permits after the developer submits a Letter of Map Revision (LOMR), to FEMA for the completed construction and grading of the site. The Developer shall also submit for a floodplain development permit application for the proposed culvert/bridge crossing of Ten Mile Creek at Wrightwood Drive to be constructed with Bellini Park Subdivision No. 4. 11. if the ridge a essing of the Ten lcrr Mile Creek is tv-ibc i@on this phase a�cNo DiocAnalysis" shallt+ -vc submitted to Publie Works prior- to plan app Condition was removed with approval of MFP-07-005. ORDER OF CONDITIONAL APPROVAL FOR A MODIFICATION TO THE FINAL PLAT FOR BELLINGHAM PARK SUBDIVISION NO. 3 / (MFP-07-005) Page 2 of 4 • • 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an 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 as provided by Chapter 52, Title 67, Idaho Code. ORDER OF CONDITIONAL APPROVAL FOR A MODIFICATION TO THE FINAL PLAT FOR BELLINGHAM PARK SUBDIVISION NO. 3 / (MFP-07-005) Page 3 of 4 • By action of the City Council at its regular meeting held on the 12007. '-4T�o OR ATTEST: h� WILLIAM G. BERG, A., tYfYr �rrrrrrrrlrr111111.`,, Copy served upon: Applicant Planning Department Public Works Department City Attorney By: Dated: Clerk's Office • de WEERD ORDER OF CONDITIONAL APPROVAL FOR A MODIFICATION TO THE FINAL PLAT FOR BELLINGHAM PARK SUBDIVISION NO. 3 / (MFP-07-005) Page 4 of 4 day of • • CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF JULY 17, 2007 STAFF REPORT Hearing Date: July 17, 200710M IrlYlIFdel " TO: Mayor and City Council'' - FROM: Bill Parsons, Associate City Planner (208) 884-5533 SUBJECT: Bellingham Subdivision, Phase 3 • MFP-07-005 Request to modify final plat (FP -06-052) site specific condition #10 and eliminate condition #11 to allow development of Final Plat, Bellingham Park Subdivision, Phase 3. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant is requesting to modify final plat site specific requirement condition #10 and eliminate condition #11 to allow for the development of Bellingham Park Subdivision, Phase 3 (FP -06-052). Currently condition #10 of the site specific requirements does not allow the development of Bellingham Park Subdivision, Phase 3, until FEMA approves a Letter of Map Revision (LOMR), and approves the revised flood designation for Ten -Mile Creek. The applicant is also requesting the removal of site specific condition #11 of the Bellingham Park Subdivision, Phase 3 (FP -06-052) which requires a no rise analysis to be submitted to Public Works prior to plan approval for the proposed culvert/bridge crossing of Ten Mile Creek at Wrightwood Drive. The proposed modified condition consolidates condition #10 and #11 to address staffs concerns regarding the development of Bellingham Park Subdivision, Phase 3. Staff proposes combining conditions #10 and #11 into one modified condition #10 to read: "The developer shall submit a floodplain development permit application for the proposed construction that affects the floodplain with the exception of the culvert/bridge crossing at Wrightwood Drive which requires separate approval. The City of Meridian may issue building permits after the developer submits a Letter of May Revision (LOMR), to FEMA for the completed construction and grading of the site. The Developer shall also submit for a floodplain development permit application for the proposed culvert/bridge crossing of Ten Mile Creek at Wrightwood Drive to be constructed with Bellingham Park Subdivision, Phase 4." With the modifications to the conditions, the applicant is still required to obtain a Letter of Map Revision and work with Public Works on development within the floodplain. Staff has contacted the applicant, and the applicant supports staff's recommendation of approval for the above mentioned modified condition. Furthermore, staff is in agreement with the applicant, site specific condition #11 is no longer applicable in its current form and is addressed sufficiently in the proposed modified condition #10. NOTE: Planning Staff researched the previous approvals for Bellingham Park Subdivision and found that the Development Agreement also contains the provisions of the LOMR and has determined the proposed condition #10 does not conflict with the requirement of the Development Agreement. If the City Council approves the subject MFP application staff will interpret the Development Agreement to be consistent with the language of modified condition #10. 2. SUMMARY RECOMMENDATION Staff is recommending approval of the subject request to modify the Final Plat for Bellingham Park Subdivision, Phase 3 (MFP-07-005) the reasons listed herein. Staff finds that the modification to condition # 10 and the deletion of condition #11 is in substantial compliance with conditions of approval for FP -06-052. 3. PROPOSED MOTION (to be considered after the public hearing) Approval After considering all staff, applicant and public testimony, I move to approve File Number MFP-07-005 as presented in the staff report for the hearing on July 17, 2007. Bellingham Park Subdivision, Phase 3 MFP-07-005 0 0 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF JULY 17, 2007 Denial After considering all staff, applicant and public testimony, I move to deny File Number MFP-07-005 as presented in the staff report for the hearing of July 17, 2007. (You should state specific reasons for denial.) Continuance After considering all staff, applicant and public testimony, I move to continue File Number MFP-07-005 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: East of South Locust Grove and South of East Victory Road b. Owner Bellingham Park LLC 738 South Bridgeway Place Boise, ID 83616 c. Applicant: Same as owner d. Representative: Scott Noriyuki, Bailey Engineering e. Present Zoning: R-8/PD f. Present Comprehensive Plan Designation: Medium Density Residential 5. NEIGHBORING USES & ZONING 1. North: Nampa & Meridian Irrigation District property, zoned RUT (Ada County). 2. East: Vacant proposed Bellingham Subdivision, Phase 4, zoned R-8 3. South: Estancia Subdivision and vacant land, zoned R-4 4. West: Bellingham Subdivision, Phase 2, zoned R-8 6. EXHIBITS / ATTACHMENTS A. Vicinity Map B. Subdivision Map C. Flood Plain Map Bellingham Park Subdivision, Phase 3 MFP-07-005 0 • CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF JULY 17, 2007 A. Vicinity Map Bellingham Park Subdivision, Phase 3 MFP-07-005 9 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEAtUNG DATE OF JULY 17, 2007 B. Subdivision Map Bellingham Park Subdivision, Phase 3 MFP-07-005 0 rn A U ��1 INK p m 511 1 ZU s(( 4 ION a `a f vv Zia ON ssocs► w s f O Y t e` �r C12 is VE oil En A ZI .yam.. ,f ,. Q s Z pq Bellingham Park Subdivision, Phase 3 MFP-07-005 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF JULY 17, 2007 C. Flood Plain Map TUSC Bellingham Park Subdivision, Phase 3 MFP-07-005 0 0 July 13, 2007 VAC 07-013 MERIDIAN CITY COUNCIL MEETING July 17, 2007 APPLICANT Teach Investments and Seagle Three, LLC ITEM NO. 17 REQUEST Public Hearing - Vacation of the public utility easement platted on Lots 1-3, Block 1, for the Doris Subdivision - 1330 E. Fairview Avenue. AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: COMMENTS See attached Staff comments No Comment No Comments See attached Comments Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN BY THE CITY COUNCIL: ADA COUNTY RECORDER J. DAVI&ARRO AMOUNT .00 3 � BOISE IDAHO 07/27/07 12:04 PM DEPUTY RECORDED Lisa REQUEST OF II I I I II (I'lll I II II (I II I �� �I III III Meridian City 107106316 RESOLUTION NO. e7, 570 BIRD, BORTON, ROUNTREE, ZAREMBA A RESOLUTION VACATING THE PUBLIC UTILITY EASEMENT LOCATED ON A PORTION OF LOT 3, BLOCK 2 OF DORIS SUBDIVISION AS SHOWN IN BOOK 16 OF PLATS AT PAGE 1080, ADA COUNTY RECORDS, AND LOCATED IN THE SE '/ OF SECTION 6, TOWNSHIP 3 NORTH, RANGE 1 EAST, CITY OF MERIDIAN, ADA COUNTY, STATE OF IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on July 17, 2007 the City Council of the City of Meridian, held a hearing on the vacation of the public utility easement located on a portion of lot 3, block 2 of Doris Subdivision as shown in Book 16 of plats at Page 1080, Ada County Records, and located in the SE % of Section 6, Township 3 North, Range 1 East, City of Meridian, Ada County, State of 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, IDAHO: Section 1. That the vacation of the public utility easement located on a portion of lot 3, block 2 of Doris Subdivision as shown in Book 16 of plats at Page 1080, Ada County Records, and located in the SE '/ of Section 6, Township 3 North, Range 1 East, City of Meridian, Ada County, State of Idaho, is hereby vacated. Copies of the necessary relinquishments are attached as Exhibit "A". Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. VACATION OF PUBLIC UTILITY EASEMENT DORIS SUBDIVISION - VAC 07-013 Page I of 2 PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 24 � day of �(�-e� , 2007. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this Z� day of cT�C�J 4)2007. \�I0 RX Y de WEERD ATTEST: 4�j J SEAL WILLIAM G. BERG, JR., CITY CLl 7 STATE OF IDAHO, ss County of Ada On this 21" day of , 2007, before me, the undersigned, a Notary Public in and for said Statb, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL)GV•, TARY PUBLI FOR IDAHO �'i'-' p'�A�•�G!, RESIDING AT: fid MY COMMISSION COMMISSION EXPIRES: VACATION OF PUBLIC UTILITY EASEMENT DORIS SUBDIVISION - VAC 07-013 Page 2 of 2 E le n ye� 4. tk f V o p o t e ° �• � y a e o a ewe t 2 = �a V ai 0 Z L•l`�a E le n ye� 4. tk f V o p o t e � ewe t 2 = �a V ai LeC Y• o 0 h 0 s%�',°i owes"p�'�•���• o �°.),lu i�•a�e�°:°'a Lig' i a r? & Y s L° V% n ° c ; d:' e o a i• °i : °° L 4 a e i! to ;kejya°��il'OA �. 3�m"•M y e t14 o a S•� °`l 3 �,>! j �� A �m •w Zal wt ���`T <� �a � �' a y cm^ � of 3 ►yi It a�4i8� �i�'•s� Ys pi °j�El.Ol'�' E��i2 ,ay•iit °� •oi i �i �° dig.°. x;14 le w ny!ew mer •Z.i 4 ef•� n�,�abOILfaNt ! + O o p o t e � ewe t 2 = i i kof- ^ `iaia L•l`�a o 0 h 0 s%�',°i owes"p�'�•���• o �°.),lu i�•a�e�°:°'a Lig' i a r? & Y s L° V% n ° c ; d:' e o a i• °i : °° L 4 a e i! to ;kejya°��il'OA �. 3�m"•M y e t14 o a S•� °`l 3 �,>! j �� A �m •w Zal wt ���`T <� �a � �' a y cm^ � of 3 ►yi It a�4i8� �i�'•s� Ys pi °j�El.Ol'�' E��i2 ,ay•iit °� •oi i �i �° dig.°. x;14 le w ny!ew mer •Z.i 4 ef•� n�,�abOILfaNt ! + O • July 13, 2007 • AZ 07-005 MERIDIAN CITY COUNCIL MEETING July 17, 2007 APPLICANT Thomas & JoAnn Host ITEM NO. 19 REQUEST Ordinance -- Request for Annexation and Zoning of 1.46 acres from RUT to an R-4 zone for the property located at 1205 West Overland Road for Most Property -- 1205 West Overland Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached Ordinance CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: (D MERIDIAN SCHOOL DISTRICT: l ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • • NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 07- / 3 2 6 PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for land being located in the NW '/ of the NW '/ of Section 24, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described in Attachment "A". This parcel contains 1.99 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of-way of record or implied. As surveyed in attached exhibit `B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho Avenue, Meridian, Idaho. This ordinance shall become effective on the day of n��,3007. Of %. `4 , �n Mayor and City Council of tKe City oferidian By: William G. Berg, Jr. City Cldrk First Reading: Adopted after first reading by susp&sila Rule as allowed pursuant to Idaho Code 50-902: YES C NO 's •9 �, 4$� ,g ,; Second Reading: Third Reading: 1�ItIIlY111���' STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 07- 1Y The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 07- 13 26 of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this 1 day of CT , 2007. William. L.M. Nary, City Attoey ORDINANCE SUMMARY — AZ -07-005 PFOST PROPERTY Page 1 of 1 ADA COUNTY RECORDER J. DAVI ARRO AMOUNT .00 • BOISE IDAHO 07/27/07 12:04 PM 5 DEPUTY RECORDED Lisa IrbREQUEST OF 11 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Meridian City 107106317 III CITY OF MERIDIAN ORDINANCE NO. G 7 - /,,' 2-6 BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA AN ORDINANCE (AZ 07-005 PFOST PROPERTY) FOR ANNEXATION OF A PARCEL OF LAND BEING LOCATED IN THE NW '/ OF THE NW 1/ OF SECTION 24 TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT (ADA COUNTY) TO R-2 (LOW DENSITY RESIDENTIAL DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re -zoning by the owner of said property, to -wit: Thomas and JoAnn Pfost. SECTION 2. That the above-described real property is hereby annexed and re- zoned from RUT (Ada County) to R-2 (Low Density Residential District), in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re -zone said property. ANNEXATION OF AZ -07-005 PFOST PROPERTY Page 1 of 3 11 0 SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION S. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this l ? �� day of , 2007. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of �% , 2007. MAYO MY de WEERD ANNEXATION OF AZ -07-005 PFOST PROPERTY Page 2 of 3 0 • ATTEST: WILLIAM G. BERG, JR-, CITY STATE OF IDAHO, ) : ) ss. County of Ada ) On this F1 t� day of Ju 1L,, 2007, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., 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. ••'sense. • TARA •• (SEAL)y • . �t� kc �•.�AHO •.•' •sees• la'�A"fu� N TARY PUBLIC FOR IDAHO RESIDING AT: CajdsrLA i 10 MY COMMISSION EXPIRES: 10 - ANNEXATION OF AZ -07-005 PFOST PROPERTY Page 3 of 3 • t 0 Legal Description PFOST PROPERTY ANNEXATION A parcel for annexation purposes, being located in the NW % of the NW % of Section 24, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at -a 5/8 inch diameter iron pin marking the northwest comer of said Section 24, from which a 1/2 inch diameter iron pin marking the northeast corner of said NW %4 of the NW % bears S 89°45'00" E a distance 1327.78 feet; Thence S 89°45'00" E along the northerly boundary of said Section 24 a distance of 800.20 feet to the POINT OF BEGINNING; Thence continuing along said northerly boundary S 89045'00" � a distance of 527,58 feet to a 1/2 inch diameter iron pin marking the northeast corner of said NW % of the NW Thence leaving said northerly boundary S 0918'00" B along the easterly boundary of said NW % of the NW % a distance of 328.75 feet to a point; Thence leaving said easterly boundary N 57'58'34"W a distance of 624.30 feet to the POINT OF BEGINNING; This parcel contains 1.99 acres and is subject to any easements existing or in use. Clinton W. Hansen, PLS Land Solutions, PC March 7, 2007 qy PR -OVAL MERIDIAN PUBLIC WORKS DEPT; oNp, L LA NO\ WW-4- "Aw ,MOT. 1jf� C� 9lF 2 O blutio 1s Pfost Property Annexation �� �dro�9 Job No. 07-15 ail r m N � C O N C Q U N C Lo LU S 078'00" E m° ~��o 328.75' : Q � ILI, rv�c N W AM O O Q ZQ 00 Z ww Lol LL LU p `n 'K.U) \F- o �Q w _ Q = Z ^ pc z F-w�o h Q .h���j0 O LL O Z N C)h1 6�� o ��vm� z z4s = Q w z cuOL Z < w CO N 0 J in V ._ =Z ®❑ o f- m _Z �� L] v=i X e.-� m w i'W LU Z d _ Z� Q O Qly- Y O O > �C � �' W � ui> Q m IN 0 � t2 N DY y 0� �.�0/V/% N M. 0 0 E July 13, 2007 RZ 07-007 MERIDIAN CITY COUNCIL MEETING July 17, 2007 APPLICANT Maria Vanbragt ITEM NO. 20 REQUEST Ordinance -- Request for a Rezone of 0.19acres from I -L to O -T zones for the property located at 305 West Broadway Avenue for Vanbragt Property -- 305 West Broadway Avenue AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See aftached Ordinance Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meefings shall become property of the City of Meridian. E NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 07- /32- 7 PROVIDING FOR RE -ZONING ORDINANCE An Ordinance of the City of Meridian granting re -zoning for a parcel of land being a portion of Block 6 of West View Addition to Meridian, as shown in Book 6 of plats, on page 68, records of Ada County, Idaho, and being located in the N'/2 of the SE '/ of Section 12, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described in Exhibit "A". This parcel contains .41 acres more or less. This parcel is SUBJECT TO all easements and rights-of-way of record or implied. As surveyed as attached in exhibit `B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho Avenue, Meridian, Idaho. This ordinance shall become effective on the % qday of 2007.^' Mayor and City Counci of th c" o eridian ' By: William G. Berg, Jr., City Clerk First Reading: 7 -17 D ? Adopted after first reading by suspend gtltheg� � Rule as allowed pursuant to Idaho Code 50-902: YES NO Second Reading: Third Reading: ✓���' 1/11, fit n++++'�`�`���, STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 07- 2 The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 07- 132,7 of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this 1-2 "day of <X/ , 2007.n William. L.M. Nary, City Attorney ORDINANCE SUMMARY — RZ 07-007 VANBRAGT Page 1 of 1 • ADA COUNTY RECORDER AID NAVARRO AMOUNT .00 BOISE IDAHO 07/19/07 01:32 PM DEPUTY Lisa Irby RECORDED -REQUEST OF ��� IIIIIIIIIIIIIIIIIIIIIIIIIIII I �� III Meridian City 107102517 CITY OF MERIDIAN ORDINANCE NO. 49 / 32 7 BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA AN ORDINANCE FINDING THAT MARIA VANBRAGT, THE OWNER OF CERTAIN REAL PROPERTY HAS MADE A WRITTEN REQUEST FOR REZONE OF THE ZONING CLASSIFICATION (RZ-07-007 — VANBRAGT RE- ZONE) FOR REAL PROPERTY BEING A PORTION OF BLOCK 6 OF WEST VIEW ADDITION TO MERIDIAN, AS SHOWN IN BOOK 6 OF PLATS, ON PAGE 68, RECORDS OF ADA COUNTY, IDAHO AND BEING LOCATED IN THE N % OF THE SE/40F SECTION 12, TOWNSHIP 3 NORTH, RANGE 1 WEST OF THE BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, AS DESCRIBED IN ATTACHMENT "A" OF THIS ORDINANCE AND RE -ZONING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND WITHIN THE CORPORATE LIMITS OF THE CITY OF MERIDIAN; AND RE -ZONING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM I-L(LIGHT INDUSTRIAL DISTRICT) TO O -T (OLD TOWN DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for re -zoning by the owner of said property, to -wit: Maria Vanbragt. SECTION 2. That the above-described real property is hereby re -zoned from I -L (Light Industrial District) to O -T (Old Town District) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to re -zone said property. RE -ZONE OF VANGRAGT PROPERTY — RZ-07-007 Page 1 of 3 • SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian re- zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION S. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this _/7day of , 2007. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of , 2007. MAYOR JMY de WEERD RE -ZONE OF VANGRAGT PROPERTY — RZ-07-007 Page 2 of 3 .�``' rrlrrrifs ATTEST: ; �' \.�-4 OF91i WILLIAM G. BERG, JR., CIVITY CLEC�. 1ttH W STATE OF IDAHO, ) : ) ss. County of Ada ) On this \l day of V UI `/ . 2007. before me_ the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., 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. � - w&kA��_ NOTARY PUBLIQ FOR IDAHO RESIDING AT: cduduxu , 10 MY COMMISSION EXPIRES: 16-11-11 RE -ZONE OF VANGRAGT PROPERTY — RZ-07-007 Page 3 of 3 Adak RE -ZONING VANBRAGT PROPERTY A PORTION OF BLOCK 6 OF WEST VIEW ADDITION TO MERIDIAN, AND BEING LOCATED IN THE N 1/2 OF THE SE 1/4 OF SECTION 12, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN. 2007 BROADWAY AVENUE BAS/S OF BEARING 286.15' N 8952'12 W WEST VIEW ADDITION TO MERIDIAN 201.15' 85.00' 0 0 " POINT OF BEGINNING N 89'52'12" W 55.00' 30' O RE—ZONING AREA N 0.41 ACRES LEGEND BRASS CAP ® 5/8 "PIN ❑ CALCULATED POINT WEST VIEW ADDITION TO MERIDIAN 3 z ao tAjo ") �p N p b 55.00' 1 30' S 8952'12" E 85.00' REVIE APPIRDVAL BY MAR 1 � 2,3';7 'r'.ERIDIAN PUBLIC `:VORKS DEPT. 3 I4 R 0 ELan 1ut ions Land Surveying and Consulting 231 E. STH ST., STE. A MERIDIAN, ID 83642 (208) 288-2040 (208) 288-2557 fax www.landsolutions.biz Legal_ Description Vanbragt Property Re -Zoning A parcel for re -zoning purposes, being a portion of Block 6 of West View Addition to Meridian, as shown in Book 6 of plats, on page 68, records of Ada County, Idaho, and being located in the N '/ of the SE % of Section 12, Township 3 North, Range 1 West, Boise Meridian, and more particularly described as follows: BEGINNING at a 5/8 inch diameter iron pin marking the intersection of West Broadway Avenue and West 3`d Street (Formerly Neal Avenue) from which a brass cap monument marking the intersection of West Broadway Avenue and the westerly boundary line of West View Addition to Meridian bears N 8952'12" W a distance 286.15 feet; Thence N 89°52'12" W along the center line of West Broadway Avenue distance of 85.00 feet to a point; Thence leaving said center line S 0016118" W a distance of 209.02 feet to a point; Thence S 89°52'12" E a distance of 85.00 feet to a point on the center line of West 3rd Street (Formerly Neal Avenue); Thence N 0°16'18" E along the said center line distance of 209.02 feet to the POINT OF BEGINNING; This parcel contains 17,766 square feet (0.41acres) and is subject to any easements existing or in use. Clinton W. Hansen, PLS Land Solutions, PC March 6, 2007 REVI CPp OVAL BY ;�ERIfl1AN puPTIC \NpRp'S DE la"n-�diblutions k____ ---Land Surveying and Consvltlng NNLLANDS 5 S E 'P VIC, ir0 11118 x 0 0 ON W NPS Vanbragt Property Re -Zoning Job No. 07-17 July 13, 2007 AZ 07-008 MERIDIAN CITY COUNCIL MEETING July 17, 2007 APPLICANT JR, LLC ITEM NO. 21 REQUEST Ordinance -- Request for Annexation and Zoning of 3.32 acres from R1 to C -G zones for Zamzow's Overland -- 3620 and 3650 East Overland Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached ordinance CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: v I� MERIDIAN SCHOOL DISTRICT: / 6 ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 07- < 3 2 8 PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for a parcel of land located in the Southeast '/ of the Southwest % of Section 16, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described in Attachment "A". This parcel contains 3.32 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of-way of record or implied. As surveyed in attached exhibit `B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho Avenue, Meridian, Idaho. This ordinance shall become effective on the 6-4ay of 2007. COF JKA�' d / Mayor and City Colin M1161 �Fo By: William G. Berg, Jr., City Clerl B AL First Reading: 7-47 '107 Adopted after first reading by suspension the Rule as allowed pursuant to Idaho Code 50-902: YES x NO Second Reading: Third Reading: — 'r. , STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 07- l 3 25 The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the le al advisor of the City and has reviewed a copy of the attached Ordinance No. 07- 2a of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this 1 7 4 day of , 2007. William. L.M. Nary, City Attorn ORDINANCE SUMMARY — AZ -07-008 ZAMZOWS OVERLAND Page 1 of 1 • CITY OF MERIDIAN ADA COUNTY RECORDER J.NAYARRO AMOUNT 00 E BOISE IDAHO 07/19107 01:32 DEPUTY Lisa Irby RECORDED—REQUEST OF III IIIIIIIIIIIII'IIIVIIIIIII Meridian City 107102519 ORDINANCE NO. -&,9 7- 15 2-,6 BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA AN ORDINANCE (AZ 07-008 ZAMZOWS OVERLAND) FOR ANNEXATION OF A PARCEL OF LAND BEING LOCATED IN THE SOUTHEAST '/ OF THE SOUTHWEST 1/ OF SECTION 16 TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM R1 (ADA COUNTY) TO C -G (GENERAL RETAIL AND SERVICE COMMERCIAL DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re -zoning by the owner of said property, to -wit: J.R., LLC. SECTION 2. That the above-described real property is hereby annexed and re- zoned from R1 (Ada County) to C -G (General Retail and Service Commercial District), in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re -zone said property. ANNEXATION OF AZ -07-008 ZAMZOWS OVERLAND Page 1 of 3 SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of s:;%41 , 2007. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day ofc %(,ki/ , 2007. MAYO rAP Y de WEERD ANNEXATION OF AZ -07-008 ZAMZOWS OVERLAND Page 2 of 3 ATTEST: WILLIAM G. BERG, STATE OF IDAHO, ) : ) ss. County of Ada ) On this �10- day of TU 1 y , 2007, before me. the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., 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. .•seem••&'•• SE '9 • 4 4z• 4 , 1 ; .,IDA Q.•• �A- SA l.> NOTARY PUBLIC FOR IDAHO RESIDING AT:(� to MY COMMISSION EXPIRES: 0 - ANNEXATION OF AZ -07-008 ZAMZOWS OVERLAND Page 3 of 3 MAR-09-2007(FRI) 11:35 TIMBERLINE SURVEYING (FRX)2084655690 LEGAL DESCRIPTION FOR ZAMZO W S ANNEXATION A Parcel of land located in the Southeast 1/4 of the Southwest 1/4, of Section 16, Township 3 North, Range 1 East:, Boise Meridian, Ada County, Idaho. Being further described as follows: BASIS OF BEARTNGS: The line between the West 1/16 Corner and the South 1/4 Corner of Section 16, Township 3 North, Range 1 East, Boise Meridian, derived from found monuments and taken as South 89°3946" East with the distance between monuments found to be 1332.37 feet. BEGINNING- at the West 1/16 Corner being the Southwest corner of the Southeast 1/4 of the Southwest 1/4 of Section 16, Township 3 North, Range 1 East, Boise Meridian; thence North 00°45'03" West a_ distance of 439.88 feet. thence South 89°3931" East a, distance of 333.39 feet to the centerline of Jade Avenue; thence along said centerline South 00°20'29" West a distance of 439.77 feet to the South line of said Southeast 1/4 of the Southwest 1/4; thence along said South line North 89°39'46" West a distance of 325.00 feet to the POINT OF BEGINNING. Said Parcel containing 144,774 square feet or 3.32 acres, more or less and is subject to all existing easements and rights -of -ways of record or implied. END OF DESCRIPTION Russell E. Badgley, P.L.S. 12458 Timberline Surveying 847 Park Centre Way, Suite 1 Nampa, Idaho 83651 (208) 465-5687 U:\l'S-07Ucwcl Sub - Zai=ws\survcyU L•GALSaamcuws Anntmatiun.dnc P. 002/002 i rZ 6 SW38'46'E 2 21 1 3.'i2.5O • Exhibit B JEWEL SUBDIVISION S89'39'31'E -333.39' x, W � ANIVEX AREA 14+4.774 sq. tt.' 3.32 acres r _w 16 325.00 1a $1 W1 16 OVERLAND ROAD SSW39'46`E — 13. SILVERSTONE CAMPUS SUBDIVISION MAR 0 9 2007 hwA%4& r ANNEX DISPLAY MAP FOR ZANIZOWS Sub — 7�'�drq�;TJINfIOI�s AIi(sN+p X m )G.18" t� MR' 21� NU Ft • July 13, 2007 MERIDIAN CITY COUNCIL MEETING July 17, 2007 APPLICANT ITEM NO. 22 REQUEST Executive Session per Idaho State Code 67-2345(1)(a)(b)(c)&(f) AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: COMMENTS Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. Broadcast Report Date/Time 07-13-2007 03:51:29 p.m. Transmit Header Text City of Meridian Idaho Local ID 1 2088884218 Local Name 1 Line 1 Local ID 2 Local Name 2 Line 2 This document: Failed (reduced sample and details below) Document size: 8.5 "x11 " PI-eQs. f�s} Pur R.��uc Wheca -Thoms 1 CVEP,IDIAN-*-,-- IDAI•tA CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meddlan, Idaho Tuesday, July 17, 2007 at 7:00 p.m. Although Ute City of Meddlan no longer requires swom testimony, al/ presentaUars before the Mayor and City Council are expected to be truthful and honest to the best of the ability of the presenter." 1. Roll -call Attendance: David Zaremba .ice Borton Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3 Community Invocation by Darrell Taylor with Cherry lane Christian Church: 4. Adoption of the Agenda: S. Consent Agenda: A. Approve Minutes of June 19, 2007 Pre -Council Meeting: B. Approve Minutes of June 26, 2007 Pre -Council Meeting: C. Approve Minutes of June 26, 2007 City Council Regular Meeting: D. Findings of Fact and Conclusions of law for Approval: VAR 07-010 Request for a Variance to landscape the surplus right-of- way and decrease the required street buffer along Eagle Road from 36 feet to 20 feet for ftteway Ma lass by Landmark Development Group - 3206 East Ustick Road: E. Findings of Fact and Conclusions of Law for Approval: VAR 07-011 Request for a Variance to UDC 11-313-7C2 to count existing right-of-way for Eagle Road towards the landscape street buffer Meridian City Cound Meatlng Agends —July 17, 2007 Page 1 of a AA meter" preserved at puNe mee#rvs shelf become property of the Cfty of Maridlan. Anyone dell" sccommodabon for disabiAtes reieted to dommw* 4ndlor hearing, please oomaa the Cky Clark's Office at 888-4433 at least 48 hours prior to the pubAc meatng. Total Paaes Scanned : 5 Total Paces Confirmed : 75 No. Job Remote Station Start Time Duration Pages Line Mode Job Type Results 001 682 3810160 03:11:03 p.m. 07-13-2007 00:00:00 0/5 1 G3 HS FA 002 682 8989551 03:11:03 p.m. 07-13-2007 00:01:13 5/5 1 EC HS CP24000 003 682 8848723 03:11:03 p.m. 07-13-2007 00:02:00 5/5 1 EC HS CP14400 004 682 8886854 03:11:03 p.m. 07-13-2007 00:01:08 515 1 EC HS CP31200 005 682 8985501 03:11:03 p.m. 07-13-2007 00:01:59 5/5 1 EC HS CP14400 006 682 8467366 03:11:03 p.m. 07-13-2007 00:01:04 5/5 1 EC HS CP28800 007 682 8950390 03:11:03 p.m. 07-13-2007 00:01:10 5/5 1 EC HS CP31200 Transmission Report Date/Tlme 07-13-2007 04:42:57 p.m. Transmit Header Text City of Meridian Idaho Local ID 1 2088884218 Local Name 1 Line 1 Local ID 2 Local Name 2 Line 2 This document: Confirmed (reduced sample and details below) Document size: 8.5 "x11 " PifgX Res} PLr Rhe. NLft1cc.-Thax1�s (-.�MEIDIAN IDAHO CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, July 17, 2007 at 7:00 p.m. Afthough the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be tnithful and honest to ft best of the abAffy of the presenter." 1. Roll -call Attendance: David Zaremba Joe Borton Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Darrell Taylor with Cherry Latin Christian Church: 4. Adoption of the Agenda: S. Consent Agenda: A. Approve Minutes of June 19, 2007 Pre -Council Meeting: B. Approve Minutes of June 26, 2007 Pre -Council Meeting: C. Approve Minutes of June 26, 2007 City Council Regular Meeting: D. Findings of Fact and Conclusions of Law for Approval: VAR 07-010 Request for a Variance to landscape the surplus right -of. way and decrease the required street buffer along Eagle Road from 35 feet to 20 feet for Gateway Marketplace by Landmark Development Group - 32l)5 East Ustick Road: E. Findings of Fact and Conclusions of Law for Approval: VAR 07.011 Request for a Variance to UDC 11 -3B -7C2 to count existing right-of-wey for Eagle Road towards the landscape street buffer Meridien Ck Council Meet6tg Agenda —July 17, 2W7 Page 1 of 5 All materials presented at public mae8ngs Antall become properly or the City of Meridian. Anyone desiring accommodation for disabilities related to documertte andlor hearing, please contact ttm City Clerk's Office at 8884433 at least 48 hours pdor to the public meeting. Total Paaes Scanned : S Total Pages Confirmed : 5 No. I Job Remote Station I Start Time Duration I Pages Line I Mode I Job Type Results 001 1685 18985501 04:34:31 p.m. 07-13-2007 00:01:25 1515 1 1 EC IHS CP31200 Abbreviations: HS: Host send PL: Polled local MP: Mailbox print TU: Terminated by user HR: Host receive PR: Polled remote CP: Completed TS: Terminated by system G3: Group 3 WS: Waiting send MS: Mailbox save FA: Fail RP: Report EC: Error Correct Broadcast Report Date/Time 07-13-2007 04:40:59 p.m. Transmit Header Text City of Meridian Idaho Local ID 1 2088884218 Local Name 1 Line 1 Local ID 2 Local Name 2 Line 2 No. Job Remote Station Start Tlme Duration Pages Line Mode Job Type Results 008 684 208 888 2682 04:16:29 p.m, 07-13-2007 00:00:26 212 1 EC HS CP33600 009 684 8840745 04:16:29 p.m. 07-13-2007 00:00:28 2/2 1 EC HS CP28800 010 684 2088885052 04:16:29 p.m. 07-13-2007 00:00:27 2/2 1 EC HS CP31200 011 684 8886573 04:16:29 p.m. 07-13-2007 00:02:09 2/2 1 EC HS CP9600 012 684 8881983 04:16:29 p.m. 07-13-2007 00:00:30 2/2 1 EC HS CP24000 013 684 2083776449 04:16:29 p.m. 07-13-2007 00:00:54 2/2 1 EC HS CP14400 014 684 4679562 04:16:29 p.m. 07-13-2007 00:00:31 2/2 1 EC HS CP24000 015 684 8886700 04:16:29 p.m. 07-13-2007 00:00:00 0/2 1 -- HS FA 016 684 8841159 04:16:29 p.m. 07-13-2007 00:00:27 2/2 1 EC HS CP31200 017 684 2088840744 04:16:29 p.m. 07-13-2007 00:00:32 2/2 1 EC HS CP24000 Abbreviations: HS; Host send PL: Polled local MP: Mailbox print TU: Terminated by user HR: Host receive PR: Polled remote CP: Completed TS: Terminated by system G3: Group 3 WS: Waiting send MS: Mailbox save FA: Fail RP: Report EC: Error Correct