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2014-10-07CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, October 07, 2014 at 6:00 PM 1. Roll -Call Attendance David Zaremba X Joe Borton X Charlie Rountree X Keith Bird X Genesis Milam X Luke Cavener O Mayor Tammy de Weerd 2. Pledge of Allegiance by Larry Woodard 3. Community Invocation by Larry Woodard with Ten Mile Christian Church 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved A. Approve Minutes of September 9, 2014 City Council Workshop Meeting B. Approve Minutes of September 16, 2014 City Council Meeting C. Approve Minutes of September 23, 2014 City Council Meeting D. Simplex Grinnell Agreement for Fire Alarm Purchase, Installation, and Monitoring at the Wastewater Administration Complex E. Approval of Professional Services Agreement for "Qualified Licensed Professional Engineer (QLPE) Plan Check Services" to Keller Associates in the Not -To -Exceed Amount of $50,000.00. F. Agreement for Professional Services with M.D. Willis Inc., for City Meeting Transcription Services G. Master Improvement Agreement between Meridian Development Corporation and City of Meridian Meridian City Council Meeting Agenda — Tuesday, October 07, 2014 Page 1 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. H. Award of Agreement Renewal for "UTILITY BILLING CUSTOMER SERVICES" to Billing Document Specialists for the Not -To -Exceed Approved Budget Amount of $240,000.00. I. Recreational Pathway Easement Between CBC Freddy's Meridian 1, LLC and the City of Meridian J. Approval of Task Order 10044.a to CH2M Hill Engineers for the "WASTEWATER TREATMENT PLAN (WWTP) HEADWORKS CAPACITY EVALUATION AND EXPANSION ALTERNATIVES ANALYSIS" Project for a Not -To -Exceed Amount of $59,541.00 K. Approval of Contract Amendment to Extend the Contract for "Poly - Aluminum Chloride" to Kemira Water Solutions in the Not -To -Exceed Amount of $70,000.00 L. Approval of Change Order 1 to Task Order 10055 for "WASTEWATER TREATMENT PLAN (WWTP) UV DISINFECTION SYSTEM EXPANSION — PHASE 2" to CH2M Hill Engineering in the Not -To -Exceed Amount of $222,117.00. M. Final Order for Approval: FP 14-038 Archer Farm Subdivision by Archer Farm Properties, LLC Located 4660 N. Meridian Road Request: Final Plat Approval Consisting of Twenty (20) Building Lots and One (1) Common Area Lot on 4.93 Acres of Land in the R-8 Zoning District N. Final Order for Approval: MFP 14-002 Canterbury Commons No. 1 by Northside Management Located South Side of W. Pine Avenue and East of N. Ten Mile Road Request: Final Plat Modification Amending Plat Notes #18 and #19 to Allow Lot 2, Block 1 to take Access from the Common Driveway Constructed Along the Southern Boundary O. Approval of Award of Bids and Agreements for "WWTP Maintenance Facility Buildings - Construction" to multiple contractors (Bid Packages 7, 8, 9, 14, 15, 16, & 18) per the following schedule for a Not -To -Exceed total amount of $291,345.00. BP7 Cabinetry & Trim: Bledsoe Construction, Inc. $4,054 BP8 Roofing & Skylights: Modern Roofing $138,670 BP9 Doors & Frames: D&A Door & Specialties, Inc. $25,180 BP14 Painting: All Colors Painting $18,832 BP15 Specialties: SBI Contracting, Inc. $10,160 BP16 Window Coverings: Northwest Sales & Distribution $840 BP18 HVAC: Advanced Heating & Cooling $93,609 6. Items Moved From Consent Agenda None Meridian City Council Meeting Agenda — Tuesday, October 07, 2014 Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 7. Action Items A. Public Hearing to Consider The Conveyance Of Certain City -Owned Real Property To ACHD For The Widening Or Meridian Road Adjacent To Settlers Park North Of Ustick Road. B. Purchase And Sale Agreement For The Conveyance Of Certain City -Owned Real Property To ACHD For The Widening Or Meridian Road Adjacent To Settlers Park North Of Ustick Road Approved C. Approval of Permanent Easement Granted to ACHD Associated with the Widening of Meridian Road Adjacent to Settlers Park Approved D. Approval of Temporary Construction Easement Granted to ACHD Associated with the Widening of Meridian Road Adjacent to Settlers Park Approved E. Continued from September 23, 2014: Public Hearing: Proposed Sewer Connection Fee Increase F. Resolution No. 14-1021: A Resolution Adopting the Increase to the Sewer Assessment/Connection Fee Approved G. Public Hearing: Proposed Fee Schedule of the Meridian Parks and Recreation Department with Revisions to Include the Disc Golf Fall Classic H. Resolution No. 14-1022: A Resolution Adopting the Fee Schedule of the Meridian Parks and Recreation Department (With Revisions to Include the Disc Golf Fall Classic); Authorizing the Meridian Parks and Recreation Department to Collect Such Fees; and Providing an Effective Date Approved Public Hearing: AP 14-002 Polaris Pre -School at Fairview Lakes by Fairview Lakes, LLC Located 950 E. Fairview Avenue Request: City Council Review of the Planning and Zoning Commission's Decision on CUP 14-010 (Condition #1.4d) Pertaining to the Parking Lot Design Continued to October 21, 2014 J. Public Hearing: MDA 14-004 Kinsley by DL Evans Bank Located Northeast Corner of N. Ten Mile Road and W. Pine Avenue Request: Amend the Recorded Development Agreement (Inst. #1051844653 and #108101151) for the Purpose of Excluding the Property AND Creating a New Development Agreement to Include the Project Boundary and Site Plan Proposed with Kinsley Subdivision Approved Meridian City Council Meeting Agenda — Tuesday, October 07, 2014 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. K. Public Hearing: RZ 14-003 Kinsley by DL Evans Bank Located Northeast Corner of N. Ten Mile Road and W. Pine Avenue Request: Rezone Approximately 3.42 Acres from L -O (Limited Office) and R-15 (Medium High -Density Residential) Zoning Districts to the C -C (Business Community) Zoning Districts Approved L. Public Hearing: PFP 14-001 Kinsley by DL Evans Bank Located Northeast Corner of N. Ten Mile Road and W. Pine Avenue Request: Preliminary / Final Plat Approval of Three (3) Commercial Lots on Approximately 2.61 Acres in the Proposed C -C Zoning District Approved M. Public Hearing: CUP 14-002 Kinsley by DL Evans Bank Located Northeast Corner of N. Ten Mile Road and W. Pine Avenue Request: Conditional Use Permit for the Following: 1) A Drive-Thru Establishment Within 300 Feet of a Residential District AND 2) Extended Hours of Operation in Accord with UDC 11-26-4 in the Proposed C -C Zoning District Approved with Conditions 8. Department Reports A. Solid Waste Advisory Commission (SWAC): SWAC Recommendation on the Renewal of the Solid Waste Franchise Agreement with Republic Services for FY2015 B. Legal Department: Approval Of Collective Labor Agreement Between City Of Meridian And Meridian Firefighters I.A.F.F. LOCAL 4627 Approved 9. Ordinances A. Ordinance No. 14-1625: Ordinance Authorizing The Conveyance Of Certain City -Owned Real Property To ACHD For The Widening Or Meridian Road Adjacent To Settlers Park North Of Ustick Road Approved 10. Future Meeting Topics 11. Executive Session Per Idaho State Code 67-2345(1)(d) — To Consider Records That Are Exempt From Disclosure As Provided In Chapter 3, Title 9, Idaho Code Into Executive Session at 7:45 p.m. Meridian City Council Meeting Agenda — Tuesday, October 07, 2014 Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council October 7, 2014 A meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday, October 7, 2014, by President Charlie Rountree. Members Present: Keith Bird, Charlie Rountree, David Zaremba Joe Borton, Genesis Milam and Luke Cavener. Members Absent: Mayor Tammy de Weerd. Others Present: Bill Nary, Jaycee Holman, Sonya Watters, Bill Parsons, Bruce Chatterton, Tom Barry, John Overton, Mark Niemeyer, Patty Perkins, Steve Siddoway, Colon Moss and Dean Willis. Item 1: Roll -call Attendance: Roll call. X David Zaremba X Joe Borton X Charlie Rountree X Keith Bird X Genesis Milam _X_ Lucas Cavener Mayor Tammy de Weerd Rountree: Open the City Council meeting at 6:00 p.m. on Tuesday, October 7th. Roll call, please, Madam Clerk. Item 2: Pledge of Allegiance Rountree: If you would all rise and join us in the Pledge of Allegiance. (Pledge of Allegiance recited.) Item 3: Community Invocation by Larry Woodard with Ten Mile Christian Church Rountree: Our community invocation this evening will be by Larry Woodard. Larry, thank you for being here. Woodard: Thank you. Always an honor. I think one of the privileges we have is to ask our creator for wisdom as we try to keep going and I'm proud of this Council, because I think you do a good job. Let's pray. Our dear Heavenly Father, we pause this evening to address you and, again, ask for your wisdom as decisions are made regarding our city. You have heard our prayers in the past and the fact that we are one of the top cities in the nation as a place to live and raise children is a tribute to this Council. We are less than a month away from our national elections. My prayer tonight is that the present malaise that grips our people would be addressed as our citizens vote next month. Help us to once again have confidence in our government. That right and Meridian City Council October 7, 2014 Page 2 of 41 property decisions will be made. That our nation will be secure from internal and external threats. I sometimes wish that our national government officials could watch this City Council as it deliberates and learn how to put people first and look to the future in the many issues that come before it. You're blessing us this week with some of the best weather of the year. The kind of weather that lifts our spirits and we thank you for that. As I look around our town and look at all the construction going on I realize that our city is changing and very rapidly. Give our leaders foresight into what would be proper choices on streets, utilities, types of buildings, parks, et cetera, as issues come up tonight. We ask for your protection of drivers on 1-84 as construction continues to improve the Meridian overpass. Keep these drivers alert and workers safe. I ask for good health for each of our city leaders this fall. They work hard on our behalf and I know there is a tendency sometimes to put others before their own wellbeing. I ask that you protect their families. In closing, Lord, we are so blessed and simply ask that you continue to bless us as we take a few moments to remember you. As the Psalmist said, where does my help come from. My help comes from the Lord, the maker of heaven and earth. And I pray this in Jesus' name, amen. Item 4: Adoption of the Agenda Rountree: Thanks, Larry. Before we adopt the agenda I just want to welcome everybody here. We have a number of staff. Thank you for being here tonight and taking time to be here and let us know what's going on. Students, I see you have made it to the back of the room and ready for an early exit, possibly. I don't know. I hope you enjoy this evening. Need a motion to adopt the agenda. Bird: Mr. President? Rountree: Mr. Bird, Bird: On the agenda, under 7-F, the resolution -- proposed resolution number is 14- 1021. 7-H, the proposed resolution is 14-1022. And under department -- or under Ordinances, 9-A, the proposed ordinance number is 14-1625. And with that I move that we approve the agenda as noted. Milam: Second. Rountree: It's been moved and seconded to approve the agenda. All those in favor signify by aye. Opposed same sign? Thank you. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda A. Approve Minutes of September 9, 2014 City Council Workshop Meeting Meridian City Council October 7, 2014 Page 3 of 41 B. Approve Minutes of September 16, 2014 City Council Meeting C. Approve Minutes of September 23, 2014 City Council Meeting D. Simplex Grinnell Agreement for Fire Alarm Purchase, Installation, and Monitoring at the Wastewater Administration Complex E. Approval of Professional Services Agreement for "Qualified Licensed Professional Engineer (QLPE) Plan Check Services" to Keller Associates in the Not -To -Exceed Amount of $50,000.00. F. Agreement for Professional Services with M.D. Willis Inc., for City Meeting Transcription Services G. Master Improvement Agreement between Meridian Development Corporation and City of Meridian H. Award of Agreement Renewal for "UTILITY BILLING CUSTOMER SERVICES" to Billing Document Specialists for the Not -To -Exceed Approved Budget Amount of $240,000.00. I. Recreational Pathway Easement Between CBC Freddy's Meridian 1, LLC and the City of Meridian sill MeRFM .; K. Approval of Contract Amendment to Extend the Contract for "Poly -Aluminum Chloride" to Kemira Water Solutions in the Not -To -Exceed Amount of $70,000.00 L. Approval of Change Order 1 to Task Order 10055 for "WASTEWATER TREATMENT PLAN (WWTP) UV DISINFECTION SYSTEM EXPANSION — PHASE 2" to CH2M Hill Engineering in the Not -To -Exceed Amount of $222,117.00. M. Final Order for Approval: FP 14-038 Archer Farm Subdivision by Archer Farm Properties, LLC Located 4660 N. Meridian Road Request: Final Plat Approval Consisting of Twenty (20) Building Lots and One (1) Common Area Lot on 4.93 Acres of Land in the R-8 Zoning District Meridian City Council October 7, 2014 Page 4 of 41 N. Final Order for Approval: MFP 14-002 Canterbury Commons No. 1 by Northside Management Located South Side of W. Pine Avenue and East of N. Ten Mile Road Request: Final Plat Modification Amending Plat Notes #18 and #19 to Allow Lot 2, Block 1 to take Access from the Common Driveway Constructed Along the Southern Boundary O. Approval of Award of Bids and Agreements for "WWTP Maintenance Facility Buildings - Construction" to multiple contractors (Bid Packages 7, 8, 9, 14, 15, 16, & 18) per the following schedule for a Not -To -Exceed total amount of $291,345.00. BP7 Cabinetry & Trim: Bledsoe Construction, Inc. $4,054 BP8 Roofing & Skylights: Modern Roofing $138,670 BP9 Doors & Frames: D&A Door & Specialties, Inc. $25,180 BP14 Painting: All Colors Painting $18,832 BP15 Specialties: SBI Contracting, Inc. $10,160 BP16 Window Coverings: Northwest Sales & Distribution $840 BP18 HVAC: Advanced Heating & Cooling $93,609 Rountree: Next item is the Consent Agenda. Bird: Mr. President? Rountree: Mr. Bird. Bird: I would move we approve the Consent Agenda as published and for the President to sign and the Clerk to attest. Cavener: Second. Rountree: It's been moved and seconded to approve the Consent Agenda. Roll call, please. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. MOTION CARRIED: ALL AYES. Item 6: Items Moved From Consent Agenda Rountree: We have nothing moved from the Consent Agenda. Meridian City Council October 7, 2014 Page 5 of 41 Item 7: Action Items A. Public Hearing to Consider The Conveyance Of Certain City - Owned Real Property To ACHD For The Widening Or Meridian Road Adjacent To Settlers Park North Of Ustick Road. B. Purchase And Sale Agreement For The Conveyance Of Certain City -Owned Real Property To ACHD For The Widening Or Meridian Road Adjacent To Settlers Park North Of Ustick Road C. Approval of Permanent Easement Granted to ACHD Associated with the Widening of Meridian Road Adjacent to Settlers Park D. Approval of Temporary Construction Easement Granted to ACHD Associated with the Widening of Meridian Road Adjacent to Settlers Park Rountree: So, we will go to Item 7, the Action Items. The first item is the public hearing to consider the conveyance of certain city -owned real property to ACHD. Bill, is this your item or -- Nary: Yes, Mr. President, Members of the Council. What's in front of you is a public hearing for conveyance of a certain amount of property to the Ada County Highway District. This is -- the public hearing is required by statute to convey the city's property to any other entity. Since they are a governmental entity we don't need to sell it or auction it as we would in a case of a private transaction and this is consistent with our -- our existing agreement with ACHD in regards to transfers of property or for right of way purposes in relation to their agreement to not charge the city impact fees for other types of city construction that's done. So, this is consistent with the past. It's a public hearing for any public comment before you move forward and the rest of the items that follow, B, C and D are just to help carry out the transaction. Rountree: Okay. Thank you. Any other staff comments? Steve. Siddoway: Thank you, Mr. President, Members of the Council. I would just say briefly that we have reviewed the proposal. We are in favor of what they are proposing. We hate to lose any -- any park, but the road widening is needed. There was some concern raised about whether or not they would be affecting the large oak trees further into the property. I'd like to point out that it won't. They will be affecting about a half a dozen street trees out along Meridian Road, but not the large interior trees. So, with that I will stand for any questions. Rountree: Any questions? Meridian City Council October 7, 2014 Page 6 of 41 Bird: I have none. Rountree: Thank you, Steve. This is a public hearing. Is there anyone out there that wishes to make a comment or provide testimony? Seeing none, I would entertain a motion. Bird: Mr. President? Rountree: Mr. Bird. Bird: I move that we -- well, I move we close the public hearing on the conveyance of certain city -owned property to ACRD. Zaremba: Second. Rountree: It's been moved and seconded to close the public hearing on 7-A. Roll call, please. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. MOTION CARRIED: ALL AYES. Rountree: Following Item 7-A we have 7-B, C and D, all requiring action on the part of the Council authorizing to move forward with an ordinance. We do have the ordinance at the end of the agenda. Nary: Yes. Rountree: And we move approval for a permanent easement and approval for a temporary construction easement for the same location. Bird: Mr. President? Rountree: Mr. Bird. Bird: I believe we can do all three of them, can't we, Bill? Nary: Yes. Bird: I move that we approve Item 7-13, C and D, the easements for ACHD on widening the street. Milam: Second. Meridian City Council October 7, 2014 Page 7 of 41 Rountree: It's been moved and seconded to approve 7-13, C and D. Roll call vote, please. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. MOTION CARRIED: ALL AYES. E. Continued from September 23, 2014: Public Wearing: Proposed Sewer Connection Fee Increase Rountree: Next item is 7-E, continuance from September 23rd on the proposed sewer connection fees. Staff. Barry: Thank you, Mr. President, Members of the Council. On September 23rd we presented a pretty lengthy presentation on the recommendation and the work that went behind that recommendation with regard to raising the sewer assessment fee from -- thank you for that. Actually, I need to go -- that was loaded on the slide I needed. Watters: Sorry, Tom. Barry: That's all right. They didn't want to see this all over again, so -- thank you very much. Watters: Where were you at? Barry: It's on the next steps. Keep going. This is the fast version we are speeding through here. Zaremba: Speed reading. Barry: Right there. Okay. So, we are just here to continue the public hearing, which I appreciate your willingness to do. This was requested of the BCA when we -- in letter form and they had requested this continuance, so that they could put together a -- a response if they so chose to do that. We have not received a response through my office. I'm not aware of a response that's been received. They may be here this evening or a representative of such to make that response, but, essentially, we did recommend and continue to recommend that we institute the sewer assessment fee increase of 676 dollars per connection from the existing amount of 2,749 to 3,425. We also recommend your consideration of making the effective date January 1st, instead of five days after ordinance publishing -- or resolution publishing on -- so, that way we give the developing community an opportunity to -- for ease into the adjustment. So, I don't have anything further at this time, but I will stand for any questions. Rountree: Any questions for Tom? Thank you, Tom. Meridian City Council October 7, 2014 Page 8 of 41 Barry: Great. Thank you. Rountree: This is a continuation of the public hearing on this item. Is there anyone wishing to provide testimony? Seeing none, staff, do you have any further comments? Okay. Thank you. Any discussion or is there a motion to close the public hearing? Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: I move we close the public hearing on the proposed sewer connection fee increase. Cavener: Second. Rountree: It's been moved and seconded to close the public hearing on Item 7-E. All those in favor say aye. Opposed same sign? MOTION CARRIED: ALL AYES. F. Resolution No. 14-1021: A Resolution Adopting the Increase to the Sewer Assessment/Connection Fee Rountree: Discussion? Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: We have had several presentations on this and I believe the public has had the opportunity to weigh in. There have been some good ideas incorporated and some answers given and even the silence from the Building Contractors is a sign of agreement and that being the case I would move that we approve and adopt Resolution 14-1021, a resolution adopting the increase to the sewer assessment and connection fees. Cavener: Second. Rountree: It's been moved and seconded to approve Item 7-F, Resolution 14-2021. Roll call vote, please. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. MOTION CARRIED: ALL AYES. Meridian City Council October 7, 2014 Page 9 of 41 G. Public Hearing: Proposed Fee Schedule of the Meridian Parks and Recreation Department with Revisions to Include the Disc Golf Fall Classic Rountree: I will open the public hearing on Item 7-G, proposed fee schedule for Meridian Parks and Recreation. Moss: Thank you, Mr. President, Members of the Council. This -- there is only a couple fees that we are proposing. This is for a new event called the Disk Golf Fall Classic. It's really a changing of an event. We used to run the Meridian Golf Scramble in April and the commission has decided to kind of switch it up a little bit and make it more of a unique event, so we are running a disk golf tournament this -- this fall at Kleiner Park, setting up a temporary course and just having a good time. So, the last time we were at Council to adopt our fees -- we usually come three times a year with our -- with our activity guide fees, I just wasn't prepared at that time to set the fees for the event. So, I'm here separately, since the event is coming up this weekend, so we just ask that the fees -- we have set these fees based on costs and, obviously, we are trying to raise money for Meridian's Parks and Recreation programs through this event. So, I will stand for questions. Rountree: Would you -- do you have a slide of the fees or, if not, would you state them for the public. Moss: Sure. Team fee, two players on a team, is 50 dollars to register and as well as five dollars for additional lunches for extra people to come to the park if they would like. We are providing lunches for the participants in that 50 dollars. Rountree: Thank you. Any questions? No? Thank you. Moss: Thank you. Rountree: This is a public hearing. Anyone wish to provide testimony on this item? Seeing none, I would entertain a motion. Cavener: Mr. President? Rountree: Yes, sir. Cavener: Seeing no public testimony and I, for one, am excited about this new event. It's an evolution of great family sports in our community. I would move that we would close the public hearing on the proposed fee schedule of Meridian Parks and Recreation Department, provisions to include Disk Golf Fall Classic. Milam: Second. Meridian City Council October 7, 2014 Page 10 of 41 Rountree: It's been moved and seconded to approve Item 7-G. All those -- or to close the public hearing. Excuse me. All those in favor signify by aye. MOTION CARRIED: ALL AYES. H. Resolution No. 14-1022: A Resolution Adopting the Fee Schedule of the Meridian Parks and Recreation Department (With Revisions to Include the Disc Golf Fall Classic); Authorizing the Meridian Parks and Recreation Department to Collect Such Fees; and Providing an Effective Date Rountree: Item 7-H, Resolution 14-1022. Cavener: Mr. President? Rountree: Mr. Cavener. Cavener: I move that we approve proposed Resolution 14-1022, a resolution adopting the fee schedule for the Meridian Parks and Recreation Fall Disk Golf Classic. Milam: Second. Rountree: It's been moved and seconded to approve Resolution 14-1022. Roll call vote, please. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. MOTION CARRIED: ALL AYES. I. Public Hearing: AP 14-002 Polaris Pre -School at Fairview ' Lakes by Fairview Lakes, LLC Located 950 E. Fairview Avenue Request: City Council Review of the Planning and Zoning Commission's Decision on CUP 14-010 (Condition 1.4d) Pertaining to the Parking Lot Design Rountree: Item 7-1 is a pubic hearing on the Polaris Preschool at Fairview Lakes in -- by Fairview Lakes. Sonya, do you have a presentation? Watters: Yes, President Rountree. The first application before you tonight is a request for an appeal of the Commission's decision on Conditional Use Permit 14-010. The site is zoned C -G and it's located at 950 East Fairview Avenue on the north side of East Fairview Avenue midway between Meridian and Locust Grove Roads. A conditional use permit for a preschool center was recently approved for this site that included a development plan for the parking area to the south of the preschool. This is an aerial view of the property. This is the site plan that shows the area where the preschool is Meridian City Council October 7, 2014 Page 11 of 41 going here and, then, this whole portion south of here was shown on that site plan, as you see here. The applicant is requesting an appeal of the Commission's decision in regard to condition of approval number 1.41D, which states: Revise the design of the parking along the main drive aisle leading into the site from East Fairview Avenue to mirror that on the west side of the drive aisle, so that parked vehicles aren't backing out into the main access drive aisle and we are talking about this area right here that has a box on it mirroring this side right here. And also that condition was to include a planter island with a sidewalk along the east side of the main drive aisle for safe pedestrian access to and from the site and via Fairview Avenue. So, there would be -- there is already an existing sidewalk here and, then, it just extends up to these businesses here. The applicant is proposing a compromise in the form of remodeling the existing landscape island on the west side of the drive aisle to include a sidewalk as shown here on the drawing on your right. The sidewalk would provide pedestrian access from Fairview to the shops to the north in exchange for leaving the parking on the east side of the drive aisle as proposed. And I will let the applicant take over from here. Unless the Council has any questions. Rountree: Question for Sonya? Bird: Not at this time. Rountree: Sonya, I have a question. If that were to happen it looks as if some parking would be lost. Is there still sufficient parking to meet the ordinance requirements? Watters: President Rountree, Councilmen, yes. Rountree: Okay. Thank you. Watters: There is excess parking, actually. Rountree: Okay. Thanks. All right. Borton: Mr. President? Rountree: Joe. Borton: Real quick. Sonya, can you summarize the -- the Commission's concern that caused this condition to be included? Watters: It was actually a recommendation from staff and the Commission concurred that folks that are parked here in these stalls, when they are backing out into this main drive aisle, may create an unsafe situation, as well as not having a pedestrian access to these buildings. They come up as far as here, but, then, they would be walking in the drive aisle up to the building. Rountree: Any other questions? Meridian City Council October 7, 2014 Page 12 of 41 Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: I have an unrelated question from way back probably. Can you go back to what was displayed before? Thank you. Probably at the point where this property was being annexed and the building on the west end of -- of this row of buildings was being built there was discussion about the breezeway that would be caused when the other two portions are built, which is the walkway highlighted in yellow on the right picture that we are looking at here and that did happen, which is good, but I'm going to ask a question that depends on memory here and that is my understanding was that of the amenities that this whole subdivision was required to put in, something was going to happen pretty close to where this new building is being built and I guess my question is has this development satisfied -- it was agreed that it would be put off, but just about where -- on the west end of where this building is going -- yes. Where the arrow is now there was supposed to be some kind of amenity put there, as I recall, and I guess my question is this: Is this subdivision satisfying its amenities? Watters: President Rountree, Councilmen, Councilman Zaremba, you're correct. There was an amenity required there. The applicant actually did request a modification to that requirement that also recently went through the Commission and they are providing an alternate amenity in its place. So, yes, to answer your question they are following through with that and just to clarify, this building and this building are not constructed yet, so this is still all open, but, yes, it's in the works. Zaremba: Great. Thank you. Rountree: Other questions? Applicant, please. If you would state your name and address for the record, please. Dvorak: Certainly. Tom Dvorak. I'm a partner with Givens Pursley. I'm here on behalf of the applicant. My address would be 601 West Bannock in Boise, Idaho. Members of the City Council, Mr. President, appreciate the opportunity to present the appeal of the applicant today to you. I don't take issue with very much that staff has said, but in the course of the presentation today I think we will demonstrate that the concern of staff is a concern about safety that really is unfounded and threatens the potential viability of this -- of this project and, actually, increases the threat to safety on this. But I want to give you a little background about the project in general. Fairview Lakes development is -- started out with a 26 acre project and, obviously, the Council is familiar from having gone here before with the prior applications in 2002. Doug Tamura has been one of the driving forces. He's a local architect. He has been working on the Fairview Lakes project for the entire 12 years. In fact, the first application of this was brought in 2002. The Polaris Preschool that he is excited about getting this space and, in fact, Doug tells me that he's gone through a couple of fits and starts on different applications for this space in the past, but through the economy and so forth hasn't been able to get one Meridian City Council October 7, 2014 Page 13 of 41 through. But the Polaris Preschool is actually a vision of an educator Sonny Kim and it's a really unique idea. It's going to be for children from six months to five years. It's not going to exceed 140 children, but Doug has worked closely with Ms. Kim in terms of designing classrooms for the kids and other aspects that are going to make this a first class facility, including, Councilman Zaremba, the amenity that you were discussing, which is actually going to be a seating area outside the front of the school. So, it's going to be a nice amenity for both the kids and the parents and the school itself is going to be a nice amenity for the kids and parents who are concerned about education, as I think most people are in Meridian. You know, that has a direct correlation to property values in terms of the money you spend on education and this is a facility that's going to give everybody a good head start on that. Now, the appeal -- we have talked about that. It's really specifically of condition 1D4 and let's put that up here just for reference for a minute, if I could. Get control of this over. Basically, staff is asking to revise the parking along the main drive aisle leading to the site from Fairview Avenue to mirror that on the west side of the drive aisle, so that parked vehicles aren't backing out onto the main drive aisle. To include a planter island with a sidewalk along the east side of the main drive aisle for safe pedestrian access to and from Fairview Avenue. You have seen the revised plan that has been put in for the pedestrian path. Throughout the course of the day -- and we will present some analysis that's been done by a traffic engineer John Kittelson to talk about how a drive aisle in this particular location -- while drive aisles may work well in other locations, such as larger parking lots, it doesn't particularly work well at this smaller parking lot location and does demand the loss of a significant, relatively speaking, amount of parking spaces and it's, basically, again, losing parking for no appreciable gain or benefit to safety here is our point and it threatens the viability of the project. For instance, this type of drive aisle has not even been required on much larger parking lots and I'm going to show on the presentation now a Lowe's, for instance; that's located on Overland Road. If you look at this Lowe's you can see that's a much larger parking lot. If you count the spaces in there we are not just talking about eight or so spaces across, we are talking about a much larger parking lot with no consideration given to a drive aisle. But certainly that was something that was approved -- approved in the past. Another example would be Albertsons on Cherry Lane. Again, the character of the area behind is residential, much like this, but you're looking at a much larger parking lot and there is no drive aisles in that area either. So, that would be one point, that this is sort of an arbitrary condition that has come up just from -- from staff on this that really hasn't been applied that tightly in the past. Another point that I'd like to make in addition to not being required in other projects, this project has been going on for some time and prior applications have been submitted from the very beginning of this project that showed an open area there and I think the applicant can say that they fairly relied on that in terms of doing their work and considering parking. In fact, let me put this up here. I will show you one that was submitted in 2003 and one that was submitted in 2007 here. So, here we have one that was submitted in 2003 and it was part of an application that was approved and, again, you're looking at this area here and it's showing the drive aisle coming in and, then, opening up right at this point here, you know, so the traffic may be dispersed and I think it's also notable, using this as an example here, that we are not talking about the Lowe's type parking lot or the big Albertson's type parking lot that we viewed on those other overheads just a Meridian City Council October 7, 2014 Page 14 of 41 minute ago. We are talking a very small parking lot and a very tight area in here and while I have that up and before I move to the next slide where this kind of thing was approved, the use of the school -- and think about this. This is a preschool, so we have children ages two months to three -- to basically five years coming in here. Their parents are not going to drive them up to the curb. These are the kind of children that you park your car and you escort them up to the curb and what -- where does this drive aisle lead to that staff wants? If we put this drive aisle in here it leads right up to the front where the school is and so it, basically, serves in some respects -- and you will hear a little more about this from our traffic engineer who will be talking for a little bit. It funnels the traffic right to where children -- where parents with small children are going to be trying to escort their children into school, rather than having them get to the point right here where they come in and they can disperse throughout the parking lot and not have to be guided right to where the pedestrian traffic is going to be. And I will show this to you and this is -- this is one that was approved actually in 2007 when the Smokey Mountain Pizza went in and that's actually where this -- this berm came from at that time. It was part -- it was one of the changes I believe that was requested by staff in connection with that conditional use permit for Smokey Mountain Pizza -- to put it right behind Smokey Mountain Pizza. But even at that time, even when the other anticipated parking lot to be built in the future on the other side of this lane -- of this parking lot that was shown there, there wasn't any mirror berm required to be put in. So, I think the applicant can fairly say they have had some reliance based on past decisions of the Council that there wasn't going to be anything required there and that -- that is -- and what I'd like to do is show a picture here to really orient the court of what you're looking at. Or the Council. So, that's the drive aisle. That's what you see when you come in here and, obviously, it hasn't been built -- hasn't been built out to the right side there yet. But you're looking at a fairly small area. It's not a large area where you're, you know, going from one section of the Lowe's parking lot to another. You reach this point and you're effectively in the parking lot. And as I said, we have had John Ringert of Kittelson Traffic Engineering, an outfit that does work for Costco and other large entities and I think this Council is familiar with -- we had asked him to apply his expertise and do some analysis of this and he has a report that he will be presenting to the Council here in a minute, but I think it's pretty clear that he thinks now having the drive aisle created by having berms on both sides of this is, in fact, the beneficial way to go here and superior to what staff is proposing and in some respects -- in a lot of respects it's safer than what staff is proposing. Once Mr. Ringert is done with his -- his proposal I would like a minute or two to offer a conclusion to you and, then, I would rest on behalf of the applicant. Thank you. Ringert: Thank you. My name is John Ringert. I am a principal engineer with Kittelson and Associates, 101 South Capital Boulevard, Suite 301, Boise, Idaho. 83702. 1 was asked last week to go through -- by Doug Tamura to look at the site plan. He's gone through -- it sounds like a lot -- a lot of iterations on this looking at how to -- kind of how to accomplish things and, really, what -- what it really boils down to is -- as was just discussed by Tom Dvorak, is whether it's better or not to have that parking on the aisle or not. So, what you see here is kind of just -- our schematic comparison of the two situations. Let's see. How do I forward this? Meridian City Council October 7, 2014 Page 15 of 41 Watters: There should be an arrow there. Ringert: So, what I want to do is go through what we look at. You know, when we are looking at these sites -- and we do this -- we do this pretty much every day. You know, when -- when do you look at where parking might be applicable. The first thing we look at is -- number one, is there a need to accommodate through traffic on. A lot of our size there is -- there is a roadway that connects back. There is another large piece of development. That's further -- in this case to the north. Everything from a public street to just a lot of development that requires through traffic. If there is through traffic you do deal with those conflicts. You know, in this case there is really not -- there is really not a need to have any through traffic, because there is no connection there. There is a pedestrian connection, but that's really not applicable when we are looking at the traffic. The second thing is is does all the traffic have to funnel in and out of this section of the -- of the access aisle. You know, do we have a site that -- there is some of these that they just -- if we have to funnel all the traffic in and out we need to make it as efficient as possible. You know, in this case, actually, a very good circulation pattern. One, we have the half mile signal at North Lake Place. That's really going to be your primary access for your left turns in and out. If anyone here has spent much time taking -- westbound on Fairview Avenue during the peak hours, it can be a bit challenging at times. So, really we want to have people use North Lake Place. So, really, the main access here is pretty much a secondary access. So, really, we don't have to have all the traffic going through this. And, then, we don't have any major land uses that require this circulation pattern. We don't have some high generation drop off area that really is going to generate hundreds of vehicles that have to go up and down this, that would create a similar situation to a through street. Now, as Tom mentioned, there is the -- there is the school. But, really, when you look at this school it's really going to function just similar -- or we want it to function similar to the rest of the shopping in here. We want people to pull up, park their vehicle, they are going to walk their kids in -- we are talking one, two, three, four year olds -- I have a few of them. Or had a few of them. They have now grown a little bit. I don't -- I don't drop them off in a parking lot when I go across. Anyway, even if you had a circulation pattern where you had to drop off here, you sure wouldn't want to be dropping them off on the right-hand side of the car and, then, have them cross in front of cars. So, you would actually want them to loop around, so that the passenger door was against some drop off area. In any case, you know, there is really not a use here that really has to have that connection. That said, there are some benefits to actually doing this and this is -- this is always kind of hard to describe as traffic engineers, because we are viewed as arguing both ways and things, but sometimes the same -- one thing is good in some situations and not necessarily good in other situations. So, the first thing is what we actually want to encourage is vehicles in this kind of a parking lot design to come in, go right or left, and filter evenly into our parking lot. That's the most efficient way for them to get in and it's the safest way. We don't want them -- we don't want them from driving right in front of the store fronts. One, by getting them in front of the store fronts it's in efficient, you're conflicting with the movement. You're also increasing your speed in that -- on that main drive aisle. You know, we don't want people coming in off of Fairview Avenue, turning that Meridian City Council October 7, 2014 Page 16 of 41 corner at 15, 20 miles an hour and speeding up to go, you know, right to the front door. We want them to see that visual cue of, oh, gee, now I'm in a parking lot. It's got a nice throat here that gets them in, gets them in cleanly, gets them in without any congestion that's going to spill out onto Fairview, now we want them to realize they are in a parking lot. And as I mentioned here, what we don't want is the added conflicts with the pedestrians. We want to keep those -- keep those away from the pedestrians. Some site plans are forced to do this. They are forced to make sure -- they are forced to make sure you don't force a lot of people go in front of the store, as I previously mentioned, or just very large sites. Finally, I want you to think about this. Think about Main Street. This is exactly the situation we have run into with main streets. Why do we allow parking on main streets? Why do we allow narrowing of lanes? If you look on Meridian's Main Street you're allowing all that friction to occur because it slows people down. If they want to go fast, if they want to go through, they are going to choose Meridian Road. If they want to go through downtown they are going to choose Main Street. It's really the same situation, just on a smaller scale within a site. Rountree: John, can I get you to summarize. Your time is up, so -- Ringert: Yeah. And that's all, actually. Rountree: Are there any questions? Bird: I have none. Rountree: I have a couple of -- Luke, did you have one? Cavener: No. I'm good for now. Rountree: Okay. You know, that's all well and good for the particular type that's being proposed, but, for instance, if the school doesn't make it and there is another retail establishment that would go into that floor space, does it lend itself to the same explanation that you just made? Ringert: Councilman Rountree, yes -- well, yes, for anything I can imagine that would go into this type of a center. I mean this is definitely a specialty retail type of square footage, that's going to attract, in my estimation, similar stores that are already there. Uses where people are going to park and walk into the stores. So, assuming they were using that building, that would be my -- my assumption, but, you know, I would assume that if something substantially changed it would probably come back in front of this commission -- or the Planning Commission. Rountree: Given human nature, in particular the population we are dealing with today, where they really don't want to walk any distance at all, anybody going into this particular parking lot once will realize there is parking in front of the stores and it seems to me that the first thing they are going to do is not do what you want them to do, but that's to drive to the front of the stores and see if there is a parking spot and if there is Meridian City Council October 7, 2014 Page 17 of 41 not a parking spot, then, they are going to try to drive around in there somewhere to find the closest one. So, I understand the engineering and thought, especially in the traffic, but I got to tell you I don't think people are going to think about that when they know there is parking places up front. Ringert: Councilman Rountree, your point is what we are trying to discourage. So, your -- I would agree that people are going to want to go up there, so what we are trying to do is say -- give that visual cue that, no, we are not encouraging all of you to go up there. But, yes, you're not going to stop the inevitable person that wants to get a front door -- wants to get to the front door. Does that answer your question? Rountree: Further questions? Bird: I have none. Cavener: Mr. President? Rountree: Mr. Cavener. Cavener: Maybe a question for police and fire. Would their -- you know, their opinion is on -- we are trying to get an emergency vehicle from one part of the parking lot to -- to another, there is a call of maybe a preschooler locked in a car on a hot summer day and how our access to you guys are going to be impeded by something like that? Don't mean to put you guys on the spot, I was just curious. Niemeyer: Yeah. John just reminded me we have the big rig. Mr. President, Members of the Council, similar parking lots create a problem for us, somewhat regardless of the layout. But when we do have main drives that we anticipate being able to get down and you have folks that are possibly backing up into that, it does create more of a problem for us. When we have a clear entry and drive lane it does create an easier access for us to get down through. That being said, people are somewhat unpredictable, regardless of what the configuration is. Rountree: Other questions? Borton: Mr. President? Rountree: Mr. Borton, Borton: Doug, is it -- on this slide it seems as though the friction and delays of -- created by people being able to back out into the red stripe is one of the tools utilized to discourage people from going straight through to the front; is that correct? Ringert: Yes, Councilman Borton. Just -- like I said, just like parking on Main Street. You're probably not going to go as fast down Main Street as you can on another arterial. Meridian City Council October 7, 2014 Page 18 of 41 Borton: Would you -- would it be fair to say that a trade off of the friction and delay and the impact that you have talked about is an increase and concern for safety? I mean you're, in fact, putting -- encouraging vehicles, quite frankly, to -- to back into traffic to discourage them to flow straight through. Wouldn't that have at least some impact on safety? Ringert: Safety comes in many -- speed is probably the number one thing that affects what we call crashes, turning them from severe to nonsevere. So, it's hard to say one thing is safer than another, because it's -- it's relative to what your definition is. Are you trying to keep conflicts from happening or are you trying to keep people from -- you know, trying to lessen severity. And as you make the drive aisle go straight you're going to increase speed, so, then, they are going to come to the T intersection. Do you want -- want more traffic coming there and them approaching at a higher speed with a design -- that would be that -- that would be one result. If you -- you know, if you make it so there is no friction -- if you have friction you're creating -- you're creating conflicts -- observable probably smaller conflicts that you're narrowing. So, you're adding the friction to keep the speeds down and to lower the traffic at the main conflict point. So, it's kind of a trade off. So -- you know. So, in our case, you know, we look at these, we view it as is there a reason I need that to happen. Is there a reason I need one way or the other to due to traffic circulation. Here it -- optimally we want to disperse the traffic. So, what's the best way to give that visual cue when a car enters that you're -- you're not on a public street. I don't know if that fully answers our question, but, you know, safety is a pretty -- a pretty general thing to try to describe. Borton: Mr. President? One follow up and tell me if this is a correct summary of it. The argument seems to be a trade off in that the north -south red line we are going to make a situation less safe in order perhaps to gain more safety on that east -west red line, the theory being that people will disperse, because the north -south red line is relatively more fraught with delay and friction, that people will be inclined to turn east and west sooner, so we are going to have it less safe in one area to create more safety elsewhere? Am I -- that's kind of what I'm hearing you say. Like there is some sort of net safety analysis for you to say is it worth -- is it worth the trade off. Ringert: President, Councilman Borton, kind of, but not -- I mean, really, you're about -- your second to the last point is the best say is to get people into that parking field before they go in front of the businesses and to keep them slow. Once they get through -- once they get past Smokey Mountain Pizza we want them slow. We want them going ten miles an hour. Having the friction helps us there and it should decrease volumes in front of the stores and potentially decrease the conflict with pedestrians, which can be related to safety. But where you're at -- saying we are decreasing safety in one spot -- it's hard to say, because, like I said, it's lower speeds. When you walk across Main Street do you feel less safe walking across Main Street or less safe walking across Meridian Road? Because those are -- those are two different of designs. You know, it might be -- it's hard -- you know, it is a challenge to compare the two. But generally our opinion is in this case not having to accommodate high speed traffic volumes in a small center -- it's not 400,000 square feet somewhere at a major intersection. You will have Meridian City Council October 7, 2014 Page 19 of 41 a benefit here. It is beneficial to have that friction to give that visual cue when people come in that would -- you know, now it's time to turn, now you're entering a parking lot, and that's how a lot of shopping centers are laid out, unless they -- they need that big through aisle. Rountree: Further questions? Bird: I have none. Rountree: John, did you -- Overton: Council President, Councilman Borton, can I address what you just mentioned? I love looking at simulations and all these colors, but in the real world law enforcement deals with what people do and although you have got this great blue line and, then, you have that got red line, it's been our experience in law enforcement that people take the path of least resistance. Unless you make that a T intersection they are going to use that as a drive aisle. It's just going to happen. No matter what your simulation is or your blue arrows, that's going to be a drive aisle, because that's where they are coming off Fairview. I think unless you make it a T, instead of a drive aisle and treat it as such, to be safe, because that's going to be the assumption. Rountree: Other comments? Other questions? Bird: I have none. Rountree: Any follow up, John? Ringert: I don't think -- that was more of a statement to them; right? Or was that a question to me? Just to make sure. Overton: Council President, Mr. Borton, it was more to address what Councilman Borton was saying about the safety. When we look at how the people approach and the problems we deal with in parking lots and the accidents that we go to, it's real easy for us to see how we could prevent them and how they can be minimized. We can want all we want where we want them to go, but the problem is we are dealing with human beings and they are going to choose the path of least resistance and they are going to come off that road on Fairview and they are going to go straight to the front, because they are going to want the closest parking spot. And that's maybe not what we want them to do, but that's what they are going to do and if we allow it to go the way that it's been proposed with on the recommendation you're making and they back up in that drive aisle, you're still increasing -- you're decreasing the amount of safety from how it was planned and what planning is trying to say and increasing, I believe, from what we see the danger. I think if you want it to be just a parking area and you want them to use those blue lines, I think the answer would be to make that a T, so that they are forced to go left or right and, then, ascend through the parking lot. Meridian City Council October 7, 2014 Page 20 of 41 Ringert: President Rountree, I guess I will just respond by just with what some sites do. Honestly, it's gotten to the point with some of these central drive aisles that we have a lot of clients, fairly large retailers, that actually put -- actually force a right and a left in for that reason. So, I won't -- I don't necessarily -- I guess how I view it is I don't think my -- my testimony is necessarily contradicting yours, it is -- contrary to the police, it's -- would like to slow people down before they come to the very end, because they are going to enter, they are going to come down there and if they are still really -- you're going to have such a -- such a nice, smooth entrance in there, you know, they could be going 20, 25 by the time they hit the building and that's what we don't want to have. So, we are trying to slow people down. Like I said, you know, you could say the same thing about Main Street in downtown. The parking maneuvers probably cause us some more fender benders here and there, but overall is it better or worse? Generally the speeds get slower, so -- anymore? Rountree: Any other questions? Thanks, John. Borton: Mr. President? Rountree: Oh. Joe. Borton: John, I called you Doug. I apologize. Ringert: That's fine. Borton: I'm studying your paperwork. So, I apologize for that. Ringert: Is that all? Borton: Sorry. Ringert: Okay. Thank you. Rountree: This is a public hearing. Is there any public comment on this particular item? Seeing none, I would ask the applicant to wrap it up. Tamura: Councilman Rountree, Members of the Council, my name is Doug Tamura. I'm the owner and developer of Fairview Lakes. But after listening to the testimony what I'd like to do is maybe table our appeal and, then, what we would like to do is come back with a redesigned parking lot. You know, the main reason that we are here appealing that condition was -- is that parking is -- or the amount of parking is real critical to us, but at the same time I can understand what police and fire are talking about and I think that we can accommodate that kind of T intersection, slow down our traffic, and still keep the number of spaces that we need. So, instead of acting on this appeal, what I would like to do is just resubmit another parking lot design that we could go ahead and address. Rountree: Council? Meridian City Council October 7, 2014 Page 21 of 41 Bird: Mr. President? Rountree: Mr. Bird. Bird: Doug, I think that's a very good idea, because you get -- you're going to get about 90 percent of the west drivers on Fairview turning in there to your development and if we don't do something there, like a T or something, that is going to be Meridian Road, instead of Main Street. Tamura: The thing that I could see when the -- when they were talking about the police and the drive through, I think if I back up parking to where we are going to put that pedestrian corridor, you know, make that double loaded, rather than -- it automatically places a T where they have got to make a motion. It will force the cross. So, I think that's an easy change for us. Hopefully it will keep the amount of parking that we are hoping to save and so let me just kind of -- you know, by process would I need to come back to Council or is that something I could work out with staff or what's your thoughts there? Rountree: I think you would have to bring -- we can keep this open and that way you can just bring it back, so there is no additional filing or whatever. We can continue this for -- for your remodel. Tamura: Yeah. It won't take us very long to revise the site plan and, then, we will resubmit to you. Rountree: What kind of time are you talking about? A week? Two weeks? Tamura: Yeah. Just -- when is your next Council hearing? Rountree: That would be next Tuesday -- Tamura: Just another question would be the notice of hearing, though. Rountree: If we continue it it's -- Tamura: Oh. So, let's do that, then. Rountree: Yeah. We won't have to do anything. Tamura: Okay, Nary: It's your workshop, Mr. President. Rountree: 21st. The next one is our workshop, which is in the afternoon, so it would be the 21 st. That's two weeks. Meridian City Council October 7, 2014 Page 22 of 41 Tamura: No. That will work for us. Rountree: Okay. Tamura: All right. Appreciate it. Thank you. Rountree: Thank you for your time. Council, you have heard the request of the applicant. Do I have a motion? Bird: Mr. President? Rountree: Mr. Bird. Bird: I move we continue the public hearing for AP 14-002 to October 21st, 2014. Milam: Second. Rountree: It's been moved and seconded to continue the public hearing on Item 7-I. All those in favor signify by aye. Opposed same sign? Thank you. MOTION CARRIED: ALL AYES. J. Public Hearing: MDA 14-004 Kinsley by DL Evans Bank Located Northeast Corner of N. Ten Mile Road and W. Pine Avenue Request: Amend the Recorded Development Agreement (Inst. #1051844653 and #108101151) for the Purpose of Excluding the Property AND Creating a New Development Agreement to Include the Project Boundary and Site Plan Proposed with Kinsley Subdivision K. Public Hearing: RZ 14-003 Kinsley by DL Evans Bank Located Northeast Corner of N. Ten Mile Road and W. Pine Avenue Request: Rezone Approximately 3.42 Acres from L -O (Limited Office) and R-15 (Medium High -Density Residential) Zoning Districts to the C -C (Business Community) Zoning Districts L. Public Hearing: PFP 14-001 Kinsley by DL Evans Bank Located Northeast Corner of N. Ten Mile Road and W. Pine Avenue Request: Preliminary / Final Plat Approval of Three (3) Commercial Lots on Approximately 2.61 Acres in the Proposed C -C Zoning District M. Public Hearing: CUP 14-002 Kinsley by DL Evans Bank Located Northeast Corner of N. Ten Mile Road and W. Pine Avenue Request: Conditional Use Permit for the Following: 1) Meridian City Council October 7, 2014 Page 23 of 41 A Drive-Thru Establishment Within 300 Feet of a Residential District AND 2) Extended Hours of Operation in Accord with UDC 11-213-4 in the Proposed C -C Zoning District Rountree: Next item is 7-J, a public hearing MDA 14-004 and 7-K, 7-L and 7-M and will open all of those public hearings. Staff? Oh, a new Sonya, huh? Parsons: A new Sonya. Council President, Members of the Council, the last hearing item on this evening is the Kinsley Subdivision. This property is currently zoned L -O and R-15 within the city limits. It was annexed in in 2000 and the project at that time was called Valerie Heights and at the time that the applicant came forward they did bring forth a concept plan that showed office and multi -family. That property was since sold in 2004 and came back before you as a planned unit development known as Somersby Subdivision and it included, again, a multi -family portion, a single family portion surrounding the multi -family and, then, the concept plan that was approved for this development showed eight office buildings that fronted on Ten Mile and some additional eight-plexes adjacent to the four-plexes, so it's more of a transition. When this project was approved in 2004 1 would make mention to Council that all the internal streets within this development were approved as private streets and as such over time this property went back to the bank and what's happened -- what's fallen through the crack is there was never a reciprocal cross -access agreement in place for the commercial portion to have access to -- or the right to use those private streets and so staff -- or the applicant has continued this project for quite some time before it even got to the Planning and Zoning Commission to try to iron out those issues before you this evening. So, applicant is here tonight to, basically, ask for your approval of a rezone from the L -O and the R-15 zoning district to the community C -C business district. They have applied for a combined preliminary plat/final plat to create three commercial lots, one to house a future bank branch, D.L. Evans Bank, and, then, the two other pad sites are retail. They are speculative at this time, but the concept plan does show what it could look like at ultimate build out. The additional application is for a conditional use permit for the drive-thru for the bank. The concept plan this evening does show a secondary drive-thru, but no way -- or the CU that's before is only for the one drive-thru use. If any other future drive-thru uses are planned for this site they will have to go back before the Planning and Zoning Commission for that secondary -- or second drive- thru use. The other -- or the other CU is for extended hours of operation on this site. Currently in the UDC whenever you have commercial property up against residential property you're limited between the hours of 6:00 a.m. and 11:00 p.m., but through the conditional use process the applicant -- the applicant can request extended hours of operation and so in this particular case they are requesting that this site operate with hours of 5:00 -- from the hours of 5:00 a.m. to 12:00 p.m., seven days a week, and that's pretty consistent to what Steve Eddy got across the street and also the bank site on the southeast corner of Pine and Ten Mile. So, here are the three commercial plats. The land -- the dimensional standards are pretty minimal for this subdivision. The only requirement for landscaping would be along Pine and Ten Mile and that would be in the form of a 25 foot wide landscape buffer. The landscape plan that I will present to you a little later on in the presentation does comply with the requirement of the UDC. The Meridian City Council October 7, 2014 Page 24 of 41 applicant is asking for a Council waiver for a right -in, right -out only access to Pine Avenue, consistent with, again, the development on the southeast corner. That intersection is -- has a center median, so it is actually restricted at this point. The original vision for this property was to have all the internal access from those private streets as I mentioned to you on my history portion of the presentation, but given the fact that the drive-thru use for this site will be on that corner, staff didn't feel it would be appropriate to funnel the cars using the bank drive-thru through the multi -family portion of the development. So, staff is supportive and Commission was supportive of the right - in, right -out access to Pine Avenue, given the fact that it already has a center median and I'd also mention to Council that ACHD has also recommended support of that access point as well. What the applicant has been doing since the Planning -- or before we got to the Commission hearing, as I mentioned to you, is working with the adjacent HOA to get a secondary access connection to that driveway. Originally their concept plan did show an access point to Ten Mile Road in which staff and, of course, our emergency services did not support and so kudos to the applicant to go out there, continue this application and work with the adjacent property owners in order to get some minimal access for the site to function. I think if you look at the overall concept of this development, it was always envisioned as a mixed use development.. So, at least having some vehicular connectivity with it makes a lot of sense. But, more importantly, there is also going to be some pedestrian connectivity that you see here along the east boundary of the site. So, we are seeing this project come into place. The one other item that -- if you will recall when this development came through and the L -O zoning was in place, the Council wasn't very favorable in having a drive-thru use on this site and so through that development -- the current development agreement does restrict drive-thru uses from developing on this site. So, that is one provision that we are asking. So, in our recommendation for you this evening on part of the DA modification is we are going to, basically, eliminate the previous two DAs that govern this site and have the applicant enter into a new DA. So, here is the landscape plan that I did mention to you. Again, there is the 25 foot wide landscape buffers and, then, typically you would have a 25 foot buffer adjacent to any residential uses. But in this particular case that existing private street acts as a local street, so, therefore, the only landscape buffer that we are looking for as part of this development would be a ten foot landscape buffer and that's -- the applicant is showing one lighter along the north boundary and, then, along the east boundary of this site will be the ten foot minimum landscape buffer and, then, we also have a five foot sidewalk and additional parking for the multi -family development. So, in staff's opinion they are meeting the ordinance. They do have adequate separation between the residential uses and the proposed commercial use. Here are the elevations that are proposed for the bank site. The applicant did get some other conceptual elevations. But from our standpoint we want to make sure that the bank site constructed on this site is consistent with the surrounding developments. I'm happy to report that staff feels that these do comply with the design standards in the UDC. And so moving forward as they go through the CZC and the design review process they will have to comply with these elevations. The two other commercial pad sites will be subject to, again, CZC and design review to comply with our standards in the UDC as well. So, we do have a provision in the DA that speaks to it as well. So, here are the modifications that staff -- or the new DA provisions that staff are Meridian City Council October 7, 2014 Page 25 of 41 recommending. Certainly we want to tie them to a concept plan, a landscape plan, and their elevations for the bank site. As I mentioned to you, the future pad sites will have to comply with our ordinance, which is pretty typical for commercial developments these days. Because we don't have a clear concept or we had a concept plan, we don't have any end users for the two additional commercial lots, staff has -- is recommending that we do restrict certain uses from developing on this site. We want to make sure that this is neighborhood commercial for this development and we don't want anything that is going to be too obtrusive on the adjacent residential. So, what we are recommending to restrict on this site would be an animal care facility, a dispatch center for mobile services, so it would be similar to Molly Maids or that type of use that would have a lot of fleet vehicles stored on the site. Drinking establishments. Minor vehicle repair. Equipment rental sales and service and cell towers. And, then, also vehicle sales and rental. Again, as I mentioned to you, the second -- the second driving establishment is not approved with this conditional use permit or this application and so if the applicant is proposing that in the future they would have to go back through the public hearing process. And, then, of course, like anything over time, ordinances change and we want to make sure that any new development that comes in would be compliant with the current standards in effect at the time. So, during the September 4th hearing Planning and Zoning Commission did recommend approval to you without any modification to the staff report. Staff did receive written testimony from the applicant and they were, again, in concurrence with all the conditions of approval in the staff report. Jason Densmer did testify in favor of the application and the only outstanding issue before you this evening would be that right -in, right -out access and it's not really an outstanding issue, we just wanted to bring to your attention that the applicant is seeking a waiver for that connectivity to Pine Avenue. And, then, lastly, the applicant is here tonight to ask for your approval as well, but they -- she also submitted written testimony in agreement with the Commission recs. To staff's knowledge there aren't any additional outstanding issues for you this evening and I would be happy to stand for any questions you have. Rountree: Questions for Bill? Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: Thank you. Bill, I do have one question. I got lost when you were describing the portion about changing the hours. I'm assuming that D.L. Evans Bank doesn't need to operate from 5:00 o'clock in the morning until 11:00 at night or whatever -- whatever it was you said. So, is that time applying only to that building or is it applying to the as yet unspecified buildings that we don't know what the uses are? Parsons: President Rountree, Members of the Council, Councilman Zaremba, the Commissioner has put it on the entire site. It's not broke out lot by lot. But certainly you can modify that if that's your intention. When we met with the applicant it was their desire to have maybe a coffee shop, anticipating that they do operate a little bit earlier in the morning to get the rush hour crowd. But at this point staff felt the hours wouldn't be Meridian City Council October 7, 2014 Page 26 of 41 too intrusive on the adjacent residences. It's pretty consistent with what we did across the street. So, we felt comfortable with just giving them that blanket hours of operation, but it's certainly within your purview to modify that if you want. That's strictly to Lot 2 and 3, and let the bank operate under the L -O hours or 6:00 a.m. to 11:00 p.m. hours. It's at your discretion. Rountree: Any questions? Borton: Mr. President? Rountree: Mr. Borton. Borton: One question real quick. Did I hear you right that a -- the single drive-thru is approved as a lot -- or Lot 1, but two and three, if there were to be one in the future, that would come back for Council approval? Parsons: Council President, Councilman Borton, it wouldn't come back to Council, it would go back to P&Z, Planning and Zoning Commission. Borton: All right. Rountree: Other questions? Bird: I have none. Thompson: Good evening, Mr. President, Members of Council. My name is Tamara Thompson. I'm with The Land Group. 462 East Shore Drive in Eagle. I'm here tonight representing this project at Pine and Ten Mile. I also have with me a representative from D.L. Evans if you have any questions regarding that operation. We have read and agree with the staff report and I won't go through a whole lot of it, because Bill does such a good job of walk you through all the history and everything. So, we are in agreement with the conditions and findings in the staff report. A few items that you have brought up already. The cross -access for the roadway over to the north is what it would be on Acarrera. That one we have worked closely with the Somersby homeowners association and we have a draft agreement that verbally we have all agreed to and they just have to meet a quorum in order to sign that. We have had a couple of meetings so far and they haven't met their quorum requirements, so now they are just down to where they only have to -- you know, they have to have a certain number of meetings and now they only have to have the board members. So, it looks like we should have that signed shortly and it's a condition before the final plat can record. So, it looks like we are almost there. That one is more appropriate as far as the access is concerned, because we can get in and out of that access without going through the multi -family. The other one isn't like that and -- I'm sorry. This exhibit doesn't show it all the way, but the access onto Pine, you would have to go through their roundabout, through kind of a little courtyard area that they have and it's just not appropriate to pull commercial traffic into that residential area. I think those are the Meridian City Council October 7, 2014 Page 27 of 41 things. I guess the only other item was the extended hours of operation. We are asking for that for the entire site, not just for -- to ask for that for the entire site, not just for the bank, and it is consistent with the other conditional uses in the area. The Fast Eddy's on the southeast corner has those hours and the bank property on the southwest corner has that extended hours. So, it is consistent with two other corners. And with that I will stand for questions. Rountree: Any questions? I have a comment and a question. First off, I'm really pleased that something is going to happen with that location. That particular location has been and continues to be an eye sore and a public nuisance. My question is as you develop the site are you going to remediate the unsightliness -- the mounds of dirt, the trash, and whatnot that's been deposited on that particular site for a number of years? Thompson: Councilman Rountree -- or President Rountree, with development that will -- that will go away, but are you saying the first phase just kind of level everything out? would think that that would be -- whoever goes first would want a nice, clean site there. And it will need access over to the north. Rountree: I saw a head shake from the bank representative back there. So, I'm assuming that's going to happen, but I ask her as well. That's the only question I have. Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: I have a question on your engineering for it and just to make sure that it's been covered, there is a significant waterway -- and it may be Ten Mile Drain or -- I'm not sure what it's called -- that cuts off -- it's buried in a pipe now, but it cuts off a triangle corner of it and it appears to me that it may go pretty close to the basement of the bank building and I just want to make sure that your engineers were aware that there is something under there and I'm thinking about the foundation for the building. Has that all been taken into consideration and you know that you're not cutting into the pipe? Thompson: Yes. President -- or President Rountree, Councilman Zaremba, the engineers are very aware of that and have been working on that and we have all the structures out of -- of that easement. Zaremba: Okay. Thank you. Rountree: No further questions? Okay. Thank you. This is a public hearing. Anyone wishing to provide testimony? Seeing none, Tamara, do you have any closing thoughts? And I have the question for the bank representative. Meridian City Council October 7, 2014 Page 28 of 41 Aguilar: President Rountree, Members of the Council, I'm Jessica Aguilar, corporate real estate manager for D.L. Evans Bank, 213 North 9th Street, Boise, Idaho. Yes, sir, what questions can I answer for you? Rountree: And the question related to the site remediation I guess is the right word for the materials, the mounds of dirt, the weeds, and whatnot that remain on the parcel that D.L. Evans is going to initially development. Aguilar: What we can do and what I can agree to is we will do some clean up sooner rather than later. We have been in conversation with a contractor that constructed some garages adjacent to our property and, unfortunately, they left behind quite a bit of debris and we are trying to have a positive conversation to get them to remove that and we will see if we can get some action sooner, rather than later. Rountree: That would be very helpful. Thank you. Aguilar: You're welcome. Rountree: Seeing no further comments and no follow up on the part of the applicant -- what's the Council's pleasure? Borton: Mr. President? Rountree: Mr. Borton. Borton: Unless there is comments or questions, I would move that we close the public hearing on Item J, MDA 14-004; K, RZ 14-003; L, R -- excuse me -- PFP 14-001 and, M, CUP 14-002. Bird: Second. Rountree: It's been moved and seconded to close the public hearings on Items J, K, L, M. All those in favor of the motion? Opposed? MOTION CARRIED: ALL AYES. Rountree: All right. Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: If we are ready for discussion I would add a few comments. I, too, am gratified that something is happening on this property. I drive by that area regularly. As for the bank building that's being proposed, when you consider a drive-thru that's somewhat near residential, you look at this layout and realize that the speakers are not Meridian City Council October 7, 2014 Page 29 of 41 pointed towards the closest residences, so any sound that would carry away from the speakers is not likely to be harmful to the nearby residences. It looks like the circulation pattern is good. I do agree with the right -in, right -out access to Pine. The only hesitation I have is giving away the extended hours when we don't know what's going to go on the rest of it and I agree we do -- we knew what Steve Eddy's gas station was going to be and allowed them extended hours. We -- we know what's going on that southeast corner and have allowed extended hours there. I'm not so worried about the bank, but not having any idea what the other two buildings are likely to be, I fall back to a similar thing -- the Walgreens that's not very far from this on the corner of Cherry Lane and Ten Mile, we denied them extra hours until the second building is to be built to buffer them from the residential and I think about the property just east of the Albertson's where we gave some pretty open approvals not knowing what was going to go there and most of us feel burned by having a McDonald's there, when we specifically mentioned McDonald's was something that shouldn't be there that close to residential, but we gave approvals that were a little too flexibly interpreted and ended up with something we didn't go. I -- I would rather reserve the discussion about extended hours to be had at the time that there is a discussion about a second drive-thru and some more definition of what the second and third buildings are going to be. That's a personal opinion. Otherwise, I think the rest of the project is good. Rountree: Further discussion? Cavener: Mr. President? Rountree: Mr. Cavener. Cavener: It may be more of just a comment for the applicant. I really appreciate their willingness to be good partners, but the neighbors that are going to be impacted by this project and it seems like they have worked diligently to build a strong relationship with the residents. I don't have any outlying issues with the project, although I do agree with Councilman Zaremba and I think that as you continue to show strong partnership with those neighbors that this is just furthering that partnership in saying we are not going to make a decision on extended hours on those properties until we really know what they are. Bird: Mr. President? Rountree: Mr. Bird, Bird: I believe the extended hours or the -- the more congestion, noise, whatever, you want to call it, from the 5:00 to 12:00 hours for that -- the apartments out there, probably is seen more from Fast Eddy's and also from the southeast corner than this is going to be, because they got garages and stuff that backs up and blocks a lot of this. I have no problem with the hours. I think it's -- you have got it on the corner across. It isn't affecting anything. We have got residential going to the east of that project. In fact, we have got residential sitting right up next to -- to Fast Eddy's deal and to my knowledge Meridian City Council October 7, 2014 Page 30 of 41 we have never had one complaint on the hours. So, I -- I think that this is a great project. I'm happy to see that corner finally getting something done with it. I have no problem with the hours at all. Rountree: Any other discussion? Do I have some motions? Borton: Mr. President? Zaremba: Mr. President? Rountree: Mr. Borton. Borton: All at once. Rountree: Take turns. Borton: We will do it in unison. I move that we approve Item J, MDA 14-004. Bird: With all staff and -- Borton: Including staff and applicant comments. Milam: Second. Rountree: It's been moved and seconded to approve Item 7-J, MDA 14-004. All those in favor of the motion signify by aye. Bird: Roll call. Rountree: Oh, that's right. This is a roll call. Excuse me. Zaremba: Mr. President, may I ask a question first? Rountree: Yes. Zaremba: Is the MDA where the hours are? Rountree: No. It's M. Zaremba: Thank you. Oh, I see. I'm sorry. Rountree: Okay. Roll call. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. Meridian City Council October 7, 2014 Page 31 of 41 MOTION CARRIED: ALL AYES. Borton: Mr. President? Rountree: Mr. Borton, Borton: I would move we approve Item 7-K, RZ 14-003 for the rezone to include staff and applicant comments as well. Milam: Second. Rountree: It's been moved and seconded to approve Item 7-K. Any discussion? Roll call. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. MOTION CARRIED: ALL AYES. Rountree: Item 7-L. Borton: Mr. President? Rountree: Mr. Borton. Borton: This is listed as a preliminary and final? Rountree: Yes, Borton: Okay. Rountree: Yes. Borton: Is a final plat not yet -- Rountree: We approve the preliminary -- Bird: And the final. Rountree: -- through a public hearing, but the final plat can be approved without the public hearing. Borton: Okay. Rountree: So, we have combined them both. Meridian City Council October 7, 2014 Page 32 of 41 Borton: Okay. Rountree: One fell swoop. Borton: Mr. President? Rountree: Mr. Borton. Borton: I would move that we approve Item 7-L, PFP 14-001. Bird: Second. Rountree: It's been moved and seconded to approve Item 7-L. Any discussion? Roll call vote. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. MOTION CARRIED: ALL AYES. Rountree: Item 7-M. Borton: Mr. President? Rountree: Mr. Borton. Borton: I appreciate the history and what's been done before. I for one do think both the drive-thru establishment condition, as well as the extended hours moving 6:00 to 8:00 -- or excuse me -- 6:00 a.m. to 11:00 p.m. to 5:00 to midnight is appropriate and -- for this particular site. So, I will make a motion to approve Item 7-M, CUP 14-002, to include both conditions as listed regarding the hours of operation and the single drive- thru establishment, understanding there may be a future request at another time. Bird: Second. Rountree: It's been moved and seconded to approve Item 7-M with the conditions as stated. Any discussion? Seeing none, roll call. Roll Call: Bird, yea; Rountree, yea; Zaremba, nay; Borton, yea; Milam, yea; Cavener, yea. MOTION CARRIED: FIVE AYES. ONE NAY. Item 8: Department Reports Meridian City Council October 7, 2014 Page 33 of 41 A. Solid Waste Advisory Commission (SWAC): SWAC Recommendation on the Renewal of the Solid Waste Franchise Agreement with Republic Services for FY2015 Rountree: All right. That concludes the public hearings for this evening. Item 8, Department Reports, the Solid Waste Advisory Commission to talk about recommendations on franchise agreement and, Steve, you're here to do that for us? Cory: Mr. President, Members of the Council, my name is Steve Cory. I'm chairman of the Solid Waste Advisory Commission and I want to express the best wishes of the commission and to thank you for your continued support. Per City Council instructions, SWAC completed it's review of Republic Services performance during FY -2014 in order to make a recommendation whether or not to approve the automatic renewal and we have submitted the report and recommendation to you, so I will just highlight portions of this report. Republic Services continues to provide the services that are in the agreement and has achieved a high level of satisfaction by our citizens. They have worked hard to grow the participation of residential and commercial customers engaged in recycling in our community and have provided many special programs, including collection of leaves in the fall, collection of Christmas trees, providing a week of unlimited collection after Christmas. They provide a spring cleanup week where they collect a great deal of material to allow us to put in their gardens and spruce up our properties and they support the Old Town cleanup project. They have also worked this last year to develop a grass recycling pilot program, which has been requested energetically by some of our citizens and one thing I would highlight is that due to continued down turn of community prices Republic Services has been unable to return any recycled revenue to -- recycled revenue to the city in FY -14. And with that, then, I will read the conclusion of the Commission. On the basis of these findings SWAC concluded that Republic Services provided services in addition to its contracted duties and responsibilities to perform them above and beyond the manner and standard prescribed by the agreement. As a result of its findings SWAC voted at its meeting on the September 24th, 2014, to recommend to you approval of the renewal of the agreement with Republic Services for FY -15. SWAC also voted to convene a subcommittee during FY -15 to review the terms and conditions of the agreement, including services of its residential recycling stream and report back to you with the findings prior to the review cycle for renewal of the current agreement for FY -16. And with that I would stand for questions. Rountree: Questions for Steve? Bird: I have none. Milam: Mr. President? I really have a question, but more of a comment. I am just very impressed with Republic Services. I think they are a phenomenal partner for the city and so I'm highly in favor of this renewal. Rountree: Further questions? Comments? Meridian City Council October 7, 2014 Page 34 of 41 Cavener: Mr. President? Rountree: Mr. Cavener. Cavener: Steve, first off, thanks for your continued dedication to this. I really, truly, appreciate your hard work. My question is does the commission have any feedback or thoughts related to the grass recycling program? Do they believe it's a success for our community? I know we were one kind of the first kind of pilot areas and, then, we have seen it expanded in Boise and parts of Canyon county. Does the commission have an opinion on that program in general? Cory: From what I can state at this particular point is we finished the first full year of running the project. The people who are participating in the project energetically support the project. The key point that I am in need of is a report back on the success of the product, which is silage and I'm not at this particular point in knowledge of what the -- how successful that's been. I will go ahead and get a report on that and we will forward the findings that we get from that. I know that the Republic Services and -- and the commission are hopeful that everything is working well, that by increasing the participation in this the cost can drop and that as the costs drop, then, even more people will participate in it to the point that maybe this can be a universal service, instead of a special program. But I do have to admit at this particular point I find it rather critical to know that the silage product is good and so I appreciate the question, Mr. President, Councilman Cavener. I will do some research on this and I will commit to report back to you on what the status of that is. Cavener: Thank you. Rountree: Steve, you can correct me if I heard it wrong, but I believe the last SWAC meeting Republic indicated there was a report to the SWAC committee the success of the grass clipping collection next meeting, which would be next month and I think they said that Meridian had the highest number of participants of anybody in the program. Is that correct? Cory: Mr. President, both of those are correct. Rountree: So, it's going well here. I don't know about other communities. Any other questions for Steve? Steve, I want to thank you, too, for the time and dedication you have given to this topic. We ended up with no change in our rates this year. We struggled through somewhat of a combative process with the county on that particular item and I think we came out well. The county did take our recommendation to create an advisory commission and they have created such and Steve is Meridian's representative on that commission. So, thank you for accepting that and look forward to the work both there, as well as our SWAC group. Cory: Mr. President, thank you. I'm honored. Meridian City Council October 7, 2014 Page 35 of 41 Rountree: Okay. We need to do a resolution on that, Bill, or do we just -- it's an automatic, so it just happens? Nary: Yes. It's an automatic. It just happens. B. Legal Department: Approval Of Collective Labor Agreement Between City Of Meridian And Meridian Firefighters I.A.F.F. LOCAL 4627 Rountree: Okay. Sometimes that's a good thing. All right. The next item 8-13, Legal Department. Bill, you're going to do this? I thought we needed a little more fanfare on this item and opposed to just being a Consent Agenda item. I'd like to see the folks that represented the various groups in this recognized this evening and maybe some comments from each group as to how the process went and, then, the Council can take action on the collective bargaining agreement. So, Bill, if you would lead that off and -- Nary: Thank you. Rountree: I don't know if -- Mark, you're going to represent the fire department? Patty, you're going to represent HR. Bill, legal. Genesis the Council. Nary: Mr. President, I'm happy to lead this off. I'm proud to bring tonight in your packets for approval an agreement that's been ratified by the Meridian Local 4627. It's a new collective labor agreement with our fire union for two more years, so through 2016. You have already done this, but I would -- all of our teams had a different effort this year in trying to make sure all of our departments were represented that had impact -- that were going to be impacted by this agreement. Patty Perkins, our HR director, as well as Crystal Ritchie, our HR manager, were part of that. Todd Lavoie from the Finance Department was also part or our group. Both Deputy Chief Amenn, as well as Chief Niemeyer from the fire department, as well as Council Member Milam were here as the Council's representative. We began meeting in June. It took us through the summer. We had a few weeks where we had some schedule conflicts, so we didn't meet every single week, but we did meet throughout the summer. This is the sixth agreement that I have done since I have been here in the last ten years. Captain Eric Smith is the president of the local and he is here as well to represent them. As I said, they ratified it last week. I think it's a good agreement. I think overall the biggest plus that I have seen over the time period in the last ten years is an ability to really get down to what the issues are, as well as being able to resolve them at the table in a very professional and appropriate way and address concerns and address problems and, really, I think be a model for other places in how work like this can get done in the best way and, actually, I think in a way that makes the working relationship as we continue going forward a much more positive work environment and I think that's a testament to how we have done it, a testimony to the team and this Council's support. In the time period I have been here and, again, in the union's also supportive of trying to, again, find consensus, find resolution to concerns or issues or problems and not look at Meridian City Council October 7, 2014 Page 36 of 41 everything is a battle and everything is a fight over that. But that's the legal. I feel severely underdressed from what Captain Smith -- I don't have a nice uniform for the city attorney's world, so I do feel a little bit bad about that, but certainly if any of the other members of the team want to -- have anything else to add from their perspective, would certainly turn that over to them. Rountree: And I did miss Captain Smith. He's well hidden behind the -- Mr. Jones, so -- glad you wore your Class A's. You look pretty sharp this evening. If you don't want to say anything and you just want to stand up and look great, that's fine, but I'd really like to hear from you. Smith: Well, I got -- this is the agreement, so I brought it here to sign it tonight, to give to the clerk. And I want to say thanks for inviting me as the union representative up here to talk to you guys. I'm happy to answer any questions you have. We -- you know, see the -- the CLA and the relationship between us and our department, you the electeds and, then, our citizens is a -- first off, this -- having this process to me it's important, because we have got a lot of great firemen out there and they are really devoted to what they do and every single time these guys come into work they are willing to go lay their lives down. They are willing to give up everything they have and everything they ever will have for the life and safety of our community and our citizens. That warrants having a good process for bringing all the issues out and having good solutions and exploring all the -- you know, all the solutions that we have. It's also -- it's a partnership. We recognize that there is a -- that we are -- that we have a common goal. If we don't always have the same vision of how to get there, but we have that same goal of being effective and successful and safe. So, it's -- the process is only as good as the people we bring to the table sometimes and I think we have always done a good job of having the right people there. I have been pleased to work with Mr. Nary for the last -- this will be the fourth contract that I have negotiated and he's been there for every one I have done and I trust him. We work well together. As well as the elected officials who have been with us. Mr. Bird in the past. Mrs. Milam this year. It's been nice to feel that we can just be straight forward and talk about what the issues are. The leadership in our department -- Chief Niemeyer, he -- again, we don't always have the same idea of how to get places, but I believe in his vision and I believe in the direction that we are going. I think you have an outstanding fire department. Rountree: Any questions for -- Bird: Mr. President? Rountree: Mr. Bird. Bird: No. I have just got a statement. I sat on most of the negotiation ones and -- that Smitty has been on and you guys have always been first class representatives. Smith: Thank you. Meridian City Council October 7, 2014 Page 37 of 41 Bird: You have been very fair. Neither one of the sides have tried to pull the wool over each other's eyes. I think that's been the biggest thing what we said. We have always stood behind on either side and I appreciate that, Smitty, and tell all your guys that I -- I appreciate the way they have acted and the way they have done the negotiations. I truly appreciate it. Smith: Thank you, sir. Niemeyer: Mr. President? If I may, I do want to quickly thank Bill Nary again. He's brought a level of professionalism and solution -oriented ideas to the table and I want to thank the leadership of Local 4627 as well for the same -- I think sometimes because of the relationship it appears easy. It's not. I think Captain Smith alluded to we don't always share the same opinion and we have to work through those issues, but I do appreciate that we are a team that is dedicated to finding solutions and you don't find that everywhere, as I have learned talking to my colleagues. So, certainly I appreciate your leadership, Eric, and to Bill, the way you bring an atmosphere to those negotiations. It certainly makes it a lot easier. Smith: Thank you. Rountree: Patty, any comments? Perkins: I'm underdressed next to this gentleman. But it is really an honor to be part of this negotiation and I listened and learned quite a bit, but I really do appreciate the fact that I was part of it and that the concerns or the perspective of HR was considered and I think it was a good process and a good outcome and I appreciate everybody's work on that. Thank you. Rountree: Thank you. Smith: I'm going to sign this thing before I forget. Milam: Mr. President. It was quite a process. It was a huge learning experience for me. Now that it's over I'm really glad that I had the opportunity to participate. It was a lot of meetings, but it was very interesting to learn about the issues that -- that you face on a daily basis and how that's different from what -- you know, what somebody else might be thinking in another department or -- you know. And just be able to put all that together and work things out and come to an agreement at the end of the day and, yeah, I was glad that I was able to be a part of that and -- thanks. Smith: Thanks for being there. Rountree: Thank you. Nary: Mr. President, again, I will wrap up with -- again, appreciation of this Council's support. I mean this is a long process. The Council, you know, is apprised as we go Meridian City Council October 7, 2014 Page 38 of 41 along, where we are and how things are going and the Council's support really is integral to, again, the -- the partnership that Captain Smith talked about between the city, the management and the department, the union itself and, again, I would echo what he said. We don't always necessarily agree on how to get there, but I think everyone always has a common goal and the common good and the best interest of our citizens in the City of Meridian in mind, whatever it is we are doing. I used to say when I first started doing this that if it was written really poorly that's not the part I wrote. So, I only wrote the good parts and not the bad parts. But now we have done so many of them I have written most of it that's in the contract now, even the parts I have had to rewrite since we started, so -- I'm happy with this. I think we have reached some resolution on some issues that were really very sticky and very difficult and yet I think, again, we found common ground. So, appreciate the opportunity to present that tonight to you and for Captain Smith being here to represent the union side. Rountree: Further questions? Comments? Cavener: Mr. President? Maybe just one real brief comment. From an outsider's perspective this has always looked like it's been very easy and very painless and I want -- I recognize tonight we somewhat pat ourselves on the shoulder and on our back and say nice job, but I think for the few of you that -- this is a huge issue for our community and it's a result of partnership and as easy as it is to pat ourselves on the back and say, hey, we worked through this, I recognize the challenges that came with that on both sides and I want to thank the city director leadership and the union leadership for working together and forming a partnership. I firmly believe we are the gold standard for what our neighbors to the east and to the west can look to, what our fellow agencies in the state and across the county can do and I appreciate your willingness to collaborate and work in a strong partnership. It's so much appreciated. Smith: Thank you. Milam: Mr. President? Rountree: Mrs. Milam. Milam: I move that we approve the collective labor agreement between the City of Meridian and the Meridian Firefighters Local 4627. For the President to sign and the Clerk to attest. Cavener: Second, Rountree: It's been moved and seconded to approve this document as indicated by Councilman Milam. Any discussion? Seeing none, all in favor of the motion -- oh, excuse me. Roll call. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. Meridian City Council October 7, 2014 Page 39 of 41 MOTION CARRIED: ALL AYES. Holman: President Rountree, I need to address -- you didn't date this, do you want to date right above your name or do you want me to put the date in for you? Rountree: Date it for next year and, then, it could last for three years. Holman: Today is the 7th of October. Item 9: Ordinances A. Ordinance No. 14-1625: Ordinance Authorizing The Conveyance Of Certain City -Owned Real Property To ACHD For - Widening Or -... Adjacent To Settlers Park North Of Rountree: The next item is Ordinances. Ordinance 14-1625. If the clerk would read that ordinance by title only. Holman: City of Meridian Ordinance No. 14-1625, an ordinance authorizing the conveyance of certain city -owned real property to the Ada County Highway District located at the eastern boundary of Settlers Park along Meridian Road, north of Ustick Road, a portion of Ada County parcel number SO436449680, authorizing the Mayor and City Clerk to execute and attest on behalf of the City of Meridian the deed and other documents necessary to complete the transaction. Providing for a waiver of the reading rules and providing an effective date. Rountree: You have heard the ordinance read by title only. Anyone wising to hear the whole thing? Seeing none -- Milam: Mr. President? Rountree: Mrs. Milam. Milam: I move that we approve Ordinance No. 14-1625 with suspension of rules. Bird: Second. Rountree: It's been moved and seconded to approve Item 9-A. Roll call. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. MOTION CARRIED: ALL AYES. Meridian City Council October 7, 2014 Page 40 of 41 Item 10: Future Meeting Topics Rountree: Future Meeting Topics. Cavener: Mr. President? Rountree: Mr. Cavener. Cavener: In light of Mr. Cory's presentation tonight, I'd like to either have a representative of the SWAC or from Republic Services in a future meeting to talk about the success of the grass recycling program. Rountree: Okay. We can have that happen. Any other -- Item 11: Executive Session Per Idaho State Code 67-2345(1)(d) — To Consider Records That Are Exempt From Disclosure As Provided In Chapter 3, Title 9, Idaho Code Rountree: Next item on Executive Session. Bird: Mr. President? Rountree: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1)(d). Milam: Second. Rountree: It's been moved and seconded to go into Executive Session. Roll call vote. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: (7:45 p.m. to 9:10 p.m.) Rountree: -- parade entry. Last year we rode in the trolley. It's available again this year for about I think something like 300 dollars. If you want to do something different I'm okay with that. Bird: Yeah. I -- Rountree: If you have got an idea let's let Robert know so we can get it figured out, so any -- any direction? Meridian City Council October 7, 2014 Page 41 of 41 Bird: We will put you in charge in figuring out something. Cavener: I will second that motion. Milam: Limo sounds good to me. Rountree: I limo? I don't think so, it gets people in trouble. Borton: The trolley was great I thought. Bird: I liked the trolley real well. Milam: The trolley was -- Rountree: For those who want to be there I will let him know the trolley's in. Need a motion for adjournment. Bird: So moved. Milam: Second. Rountree: It's been moved and seconded. All in favor? MOTION CARRIED: All ayes. Rountree: Thank you. Thank you all. MEETING ADJOURNED AT 9:11 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) PRESIDENT CHARLIE ROUNTREE DATE APPROVED ATT HOLMAN, CITY CLERK Changes to Agenda: None Item #71: Polaris Pre -School at Fairview Lakes (AP -14.002) Application: ® Appeal of Commission's Decision on CUP -14-010 Size of property, existing zoning, and location: The site is zoned C -G and is located at 950 E. Fairview Avenue on the north side of E. Fairview Avenue, midway between Meridian & Locust Grove Roads, History: A CUP for a pre-school center was recently approved for this site that included a development plan for the parking area to the south of the pre-school. Summary of Request: The applicant requests an appeal of the Commission's decision in regard to condition of approval #1.4d which states, "Revise the design of the parking along the main drive aisle leading into the site from E. Fairview Avenue to mirror that on the west wide of the drive aisle so that parked vehicles aren't backing out into the main access drive aisle. Include a planter island with a sidewalk along the east side of the main drive aisle for safe pedestrian access to and from the site via Fairview Avenue." The applicant proposes a compromise in the form of remodeling the existing landscape island on the west side of the drive -aisle to include a sidewalk that would provide pedestrian access from Fairview to the shops to the north in exchange for leaving the parking on the east side of the drive aisle as proposed. Item #7J, K, L & M: Kinsley (RZ-14-003; PFP-14.001; CUP -14.002; MDA -14-004) Application(s): Rezone, Combined Preliminary/Final Plat, Conditional Use Permit and Development Agreement Modification Size of property, existing zoning, and location: This site consists of 2.39 acres of land, is currently zoned L-0 and R-15, and is located at the northeast corner of N. Ten Mile Road and W. Pine Avenue. Adjacent Land Use & Zoning: North: Residential subdivision, zoned R-15 South: Vacant commercial property, zoned C -C East: Multi -family development, zoned R-15 West: Vacant and developed residential properties, zoned R-15 and R-8 History: This site was annexed in 2000 w/a DA and a preliminary plat & CUP was approved for Valeri Heights Subdivision, which never developed. In 2004, the DA was modified and a new preliminary plat and CUP was approved for Sommersby Subdivision. The first two phases developed with a mix of single-family and multi -family homes. This site was never developed. Summary of Request: The applicant requests a rezone of approximately 3.42 acres from the L-0 & R-15 zoning districts to the C -C zoning district, consistent with the MU -C FLUM designation; a combined preliminary/final plat consisting of 3 commercial building lots on approximately 2.61 acres of land in a proposed C -C zoning district; a CUP for a drive-through establishment within 300 feet of a residential district and extended hours of operation from the 6am to 11 pm typically allowed in the C -C district to 5 am to 12 am; and a DA modification to exclude the property from the previously recorded DA's and enter into a new DA. Access is proposed via a right-in/right-out driveway to/from Pine Avenue (a waiver from Council is required for access to the arterial street) and an access at the north boundary via W. Acarrea (a cross -access easement is required); access via N. Ten Mile Road is prohibited. A 25 -foot wide landscaped street buffer is proposed along Ten Mile Road and Pine Avenue. 7 -foot wide attached sidewalks were recently constructed with the Ten Mile Road widening project & along Pine with the reconstruction of the intersection. Sample building elevations were submitted for the bank that appears to be consistent with design standards & guidelines. Commission Recommendation: Recommended approval at their September 4th meeting Summary of Commission Public Hearing: i. In favor: Jason Densmer ii. In opposition: None iii. Commenting: None iv. Written testimony: Tamara Thompson, Applicant's Representative (in agreement w/staff report) Key Issue(s) of Discussion by Commission: i. None Key Commission Change(s) to Staff Recommendation: i. None Outstanding Issue(s) for City Council: i. Right-in/right-out only access to W. Pine Avenue. ACHD staff supports the access to W. Pine Ave. Written Testimony since Commission Hearing: Tamara Thompson, Applicant's Representative (in agreement w/the Commission Recs) DATE: October 7, 2014 ITEM NUMBER: ITEM TITLE: APPROVE MINUTES Approve Minutes of September 9, 2014 City Council Workshop Meeting Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS DATE: October 7, 2014 HA 171 & I 19 4•:1 V Z1011A =1 N I il, LIMA Approve Minutes of September 16, 2014 City Council Meeting MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS I • ••- 1 • • • 0 Approve Minutes of September 23, 2014 City Council Meeting =1:4:1 Nino z IQ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS • • ENME=0 DATE: October 7, 2014 ITEM NUMBER:5 PROJECT ITEM TITLE: WASTEWATER ADMINISTRATION COMPLEX Simplex Grinnell Agreement for Fire Alarm Purchase, Installation, and Monitoring at the Wastewater Administration Complex MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Billing Customer: Customer: Meridian City Hall Meridian City Hall 33 E BROADWAY AVE Date: 24 -SEP -14 MERIDIAN, ID 83642 Proposal #:374788 Term:01-OCT-14 to 30 -SEP -19 Service Location: SimplexGrinnell Wastewater Admin Complex Sales Representative: 3401 N 10 MILE RD Colette Shirley MERIDIAN, ID 83646 8783 W HACKAMORE DR BOISE, ID 83709 cshirley@simplexgrinnell.com SG0001 US.ENG (Rev. 12/2010) Page 1 of 7 © 2010 SimplexGrinnell LP. All rights reserved SUMMARY OF SERVICES I Fire Alarm Monitoring Basic Service (Up to 100 Devices) Alarm signal initiated by a fire alarm control panel. Central Station will endeavor to notify the fire department and Customer when an alarm or trouble signal is received. This service includes 1- 800 toll-free signal transmission, 24-hour auto dialer test, and notification of Customer -provided Emergency Call List. Internet Monitoring Utilizes internet communicator as a primary communication path for fire alarm signals or primary path for security signals. Internet transmits alarms and supervisory conditions with zone and panel specific information. This service provides U.L. Line Security (formerly AA Line Security). Excludes monthly internet fees and internet equipment. SG0001 US.ENG (Rev. 12/2010) Page 2 of 7 © 2010 SimplexGrinnell LP. All rights reserved } Y G trqco Simplexainnell Service Solution myrynwnr.Y+v+.ry,H/.^±Y+vrrrv+kris!i+r/w.vrw.yi.++rv1M+WJrr)r.�+i+r+r++:1NfirT.w.nv+✓vwNy.+r+.:/Y?+..Ni+.+in^N✓;�?a1+.7.e/::: -.'.: ..: .. ... .. ... ...... ..'... .. This Service Solution (the"Agreement")sets forth the Terms and Conditions for the provision of equipment and services to be provided by SimplexGrinnell LP ("Company")to Meridian City Hall and is effective 01-OCT-14 to 30-SEP-19(the"Initial Term"). PAYMENT TERM:Annual In Advance PAYMENT AMOUNT: $1,34 . - Proposal# : 374788 CUSTOMER ACCEPTANCE: In accepting this Agreement, Customer agrees to the Terms and Conditions on the following pages and any attachments or riders attached hereto that contain additional terms and conditions. It is understood that these terms and conditions shall prevail over any variation in terms and conditions on any purchase order or other document that the Customer may issue.Any changes in the system requested by the Customer after the execution of Agreement shall be paid for by the Customer and such changes shall be authorized in writing. ATTENTION IS DIRECTED TO THE LIMITATION OF LIABILITY, WARRANTY, INDEMNITY AND OTHER CONDITIONS CONTAINED IN THIS AGREEMENT. Meridian City Hall SimplexGrinnell Signature: Colette Shirley Print Name: C V\wrli - Phone#: 208-914-2097 ""N, Title: 0 u Pi-c 4 Fax#: 208-376-2192 Phone#: zo © &"(11135 License#: (If Applicable) Authorized / Fax#: Signature: Iry Email: Print Name: PO#: Title: C 2) Date: Date: 0.017414 SG0001 US.ENG(Rev.12/2010) Page 3 of 7 ©2010 SimplexGrinnell LP. All rights reserved TERMS AND CONDITIONS 1. Term. The Initial Term of this Agreement shall commence on the date of this Agreement and continue for the period indicated in this Agreement. At the conclusion of the Initial Term, this Agreement shall automatically extend for successive terms equal to the Initial Term, each and together a "Term" of this Agreement, unless either party gives written notice to the other party at least thirty (30) days prior to the end of the then -current term. 2. Payment. Payments shall be invoiced and due in accordance with the terms and conditions set forth in this Agreement. Work performed on a time and material basis shall be at the then -prevailing Company rate for material, labor, and related items, in effect at the time supplied under this Agreement. 3. Pricing. The pricing set forth in this Agreement is based on the number of devices and services to be performed as set forth In this Agreement. If the actual number of devices installed or services to be performed is greater than that set forth in this Agreement, the price will be increased accordingly. Company may Increase prices upon notice to the Customer or annually to reflect Increases in material and labor costs. Customer agrees to pay all taxes, permits, and other charges, including but not limited to state and local sales and excise taxes, installation or alarm permits, false alarm assessments, or any charges Imposed by any government body, however designated, levied or based on the service charges pursuant to this Agreement. The Customer's failure to make payment when due is a material breach of this Agreement. 4. Code Compliance. Company does not undertake an obligation to Inspect for compliance with laws or regulations unless specifically stated in this Agreement. Customer acknowledges that the Authority Having Jurisdiction (e.g. Fire Marshal) may establish additional requirements for compliance with local codes. Any additional services or equipment required will be provided at an additional cost to Customer. 5. Limitation of Liability; Limitations of Remedy. Customer understands that Company offers several levels of protection services and that the level described has been chosen by Customer after considering and balancing various levels of protection afforded and their related costs. It Is understood and agreed by the Customer that Company is not an insurer and that insurance coverage, If any, shall be obtained by the Customer and that amounts payable to Company hereunder are based upon the value of the services and the scope of liability set forth In this Agreement and are unrelated to the value of the Customer's property and the property of others located on the premises. Customer agrees to look exclusively to the Customer's Insurer to recover for injuries or damage in the event of any loss or Injury and that Customer releases and waives all right of recovery against Company arising by way of subrogation. Company makes no guaranty or Warranty, Including any implied warranty of merchantability or fitness for a particular purpose that equipment or services supplied by Company will detect or avert occurrences or the consequences therefrom that the equipment or service was designed to detect or avert. It is impractical and extremely difficult to fix the actual damages, if any, which may proximately result from failure on the part of Company to perform any of its obligations under this Agreement. Accordingly, Customer agrees that, Company shall be exempt from liability for any loss, damage or Injury arising directly or indirectly from occurrences, or the consequences therefrom, which the equipment or service was designed to detect or avert. Should Company be found liable for any loss, damage or injury arising from a failure of the equipment or service In any respect, Company's liability for Services performed on site at Customer's premises shall be limited to an amount equal to the Agreement price (as Increased by the price for any additional work) or, where the time and material payment term is selected, Customer's time and material payments to Company. Where this Agreement covers multiple sites, liability shall be limited to the amount of the payments allocable to the site where the Incident occurred. Company's liability with respect to Monitoring Services is set forth in Section 17 of this Agreement. Such sum shall be complete and exclusive. If Customer desires Company to assume greater liability, the parties shall amend this Agreement by attaching a rider setting forth the amount of additional liability and the additional amount payable by the Customer for the assumption by Company of such greater liability, provided however that such rider shall In no way be interpreted to hold Company as an insurer. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DAMAGE, LOSS, INJURY, OR ANY OTHER CLAIM ARISING FROM ANY SERVICING, ALTERATIONS, MODIFICATIONS, CHANGES, OR MOVEMENTS OF THE COVERED SYSTEM(S), AS HEREINAFTER DEFINED, OR ANY OF ITS COMPONENT PARTS BY THE CUSTOMER OR ANY THIRD PARTY. COMPANY SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DAMAGES ARISING FROM THE USE, LOSS OF THE USE, PERFORMANCE, OR FAILURE OF THE COVERED SYSTEM(S) TO PERFORM. The limitations of liability set forth in this Agreement shall Inure to the benefit of all parents, subsidiaries and affiliates of Company, whether direct or Indirect, Company's employees, agents, officers and directors, 6. Reciprocal Waiver of Claims (SAFETY Act). Certain of Company's systems and services have received Certification and/or Designation as Qualified Anti -Terrorism Technologies ("QATT") under the Support Anti -terrorism by Fostering Effective Technologies Act of 2002, 6 U.S.C. §§ 441-444 (the "SAFETY Act"). As required under 6 C.F.R. 25.5 (e), to the maximum extent permitted by law, Company and Customer hereby agree to waive their right to make any claims against the other for any losses, including business interruption losses, sustained by either party or their respective employees, resulting from an activity resulting from an "Act of Terrorism" as defined in 6 C.F.R. 25.2, when QATT have been deployed in defense against, response to, or recovery from such Act of Terrorism. 7. Indemnity. Customer agrees to indemnify, hold harmless and defend Company against any and all losses, damages, costs, Including expert fees and costs, and expenses Including reasonable defense costs, arising from any and all third party claims for personal Injury, death, property damage or economic loss, arising In any way from any act or omission of Customer or Company relating in any way to this Agreement, including but not limited to the Services under this Agreement, whether such claims are based upon contract, warranty, tort (including but not limited to active or passive negligence), strict liability or otherwise. Company reserves the right to select counsel to represent it in any such action. Customer's responsibility with respect to Indemnification and defense of Company with respect to Monitoring Services Is set forth in Section 17 of this Agreement. 8. General Provisions. Customer has selected the service level desired after considering and balancing various levels of protection afforded, and their related costs. Customer acknowledges and agrees that by this Agreement, Company, unless specifically stated, does not undertake any obligation to maintain or render Customer's system or equipment as Year 2000 compliant, which shall mean, capable of correctly handling the processing of calendar dates before or after December 31, 1999. All work to be performed by Company will be performed during normal working hours of normal working days (8:00 a.m. - 5:00 p.m.), Monday through Friday, excluding Company holidays), as defined by Company, unless additional times are specifically described in this Agreement. All work performed unscheduled unless otherwise specified in this Agreement. Appointments scheduled for four-hour window. Additional charges may apply for special scheduling requests, e.g. working around equipment shutdowns, after hours work. Company will perform the services described in the Service Solution ("Services ") for one or more system(s) or equipment as described in the Service Solution or the listed attachments ("Covered Systems)"). UNLESS OTHERWISE SPECIFIED IN THIS AGREEMENT, ANY INSPECTION (AND, IF SPECIFIED, TESTING) PROVIDED UNDER THIS AGREEMENT DOES NOT INCLUDE ANY MAINTENANCE, REPAIRS, ALTERATIONS, REPLACEMENT OF PARTS, OR ANY FIELD ADJUSTMENTS WHATSOEVER, NOR DOES IT INCLUDE THE CORRECTION OF ANY DEFICIENCIES IDENTIFIED BY COMPANY TO CUSTOMER, COMPANY SHALL NOT BE RESPONSIBLE FOR EQUIPMENT FAILURE OCCURRING WHILE COMPANY IS IN THE PROCESS OF FOLLOWING ITS INSPECTION TECHNIQUES, WHERE THE FAILURE ALSO RESULTS FROM THE AGE OR OBSOLESCENCE OF THE ITEM OR DUE TO NORMAL WEAR AND TEAR. THIS AGREEMENT DOES NOT COVER SYSTEMS, EQUIPMENT, COMPONENTS OR PARTS THAT ARE BELOW GRADE, BEHIND WALLS OR OTHER OBSTRUCTIONS OR EXTERIOR TO THE BUILDING, ELECTRICAL WIRING, AND PIPING. 9. Customer Responsibilities. Customer shall regularly test the System(s) in accordance with applicable law and manufacturers' and Company's recommendations. Customer shall promptly notify Company of any malfunction in the Covered System(s) which comes to Customer's attention. This Agreement assumes any existing system(s) are in operational and maintainable condition as of the Agreement date. If, upon inspection, Company determines that repairs are recommended, repair charges will be submitted for approval by Customer's on-site representative prior to work. Should such repair work be declined, Company shall be relieved from any and all liability arising therefrom. Customer further agrees to: • Provide Company clear access to Covered System(s) to be serviced including, if applicable, lift trucks or other equipment needed to reach inaccessible equipment; • Supply suitable electrical service, heat, heat tracing adequate water supply, and required system schematics and/or drawings; • Notify all required persons, including but not limited to authorities having jurisdiction, employees, and monitoring services, of scheduled testing and/or repair of systems; • Provide a safe work environment; • In the event of an emergency or Covered System(s) failure, take reasonable precautions to protect against personal injury, death, and/or property damage and continue such measures until the Covered System(s) are operational; and • Comply with all laws, codes, and regulations pertaining to the equipment and/or services provided under this agreement. Customer represents and warrants that it has the right to authorize the Services to be performed as set forth in this Agreement. 10. Repair Services. Where Customer expressly includes repair, replacement, and emergency response services in the Service Solution section of this Agreement, such services apply only to the components or equipment of the SG0001 US.ENG (Rev. 12/2010) Page 4 of 7 © 2010 SimplexGrinnell LP. All rights reserved Covered System(s). Customer agrees to promptly request repair services in the event the System becomes Inoperable or otherwise requires repair. The Agreement price does not include repairs to the Covered System(s) recommended by Company as a result of an inspection, for which Company will submit independent pricing to customer and as to which Company will not proceed until Customer authorizes such work and approves the pricing. Repair or replacement of non -maintainable parts of the Covered System(s) including, but not limited to, unit cabinets, insulating material, electrical wiring, structural supports, and all other non-moving parts, is not included under this Agreement. 11. System Equipment. The purchase of equipment or peripheral devices, (including but not limited to smoke detectors, passive Infrared detectors, card readers, sprinkler system components, extinguishers and hoses) from Company shall be subject to the terms and conditions of this Agreement. If, in Company's sole judgment, any peripheral device or other system equipment, which is attached to the Covered System(s), whether provided by Company, Customer or a third party, interferes with the proper operation of the Covered System(s), Customer shall remove or replace such device or equipment promptly upon notice from Company. Failure of Customer to remove or replace the device shall constitute a material breach of this Agreement, if Customer adds any third party device or equipment to the Covered System(s), Company shall not be responsible for any damage to or failure of the Covered System(s) caused in whole or in part by such device or equipment. 12. Reports. Where inspection and/or test services are selected, such inspection and/or test shall be completed on Company's then current Report form, which shall be given to Customer, and, where applicable, Company may submit a copy thereof to the local authority having jurisdiction. The Report and recommendations by Company are only advisory in nature and are intended to assist Customer in reducing the risk of loss to property by indicating obvious defects or impairments noted to the system and equipment Inspected and/or tested. They are not intended to imply that no other defects or hazards exist or that all aspects of the Covered System(s), equipment, and components are under control at the time of Inspection. Final responsibility for the condition and operation of the Covered System(s) and equipment and components lies with Customer. 13. Availability and Cost of Steel, Plastics & Other Commodities. Company shall not be responsible for failure to provide services, deliver products, or otherwise perform work required by this Agreement due to lack of available steel products or products made from plastics or other commodities. (i) In the event Company is unable, after reasonable commercial efforts, to acquire and provide steel products, or products made from plastics or other commodities, If required to perform work required by this Agreement, Customer hereby agrees that Company may terminate the Agreement, or the relevant portion of the Agreement, at no additional cost and without penalty. Customer agrees to pay Company In full for all work performed up to the time of any such termination. (11) If Company is able to obtain the steel products or products made from plastics or other commodities, but the price of any of the products has risen by more than 10% from the date of the bid, proposal or date Company executed this Agreement, whichever occurred first, then Company may pass through that increase through a reasonable price increase to reflect increased cost of materials. 14, Confined Space, if access to confined space by Company is required for the performance of Services, Services shall be scheduled and performed in accordance with Company's then -current hourly rate. 15. Hazardous Materials. Customer represents that, except to the extent that Company has been given written notice of the following hazards prior to the execution of this Agreement, to the best of Customer's knowledge there is no: • "Permit confined space," as defined by OSHA, • Risk of Infectious disease, • Need for air monitoring, respiratory protection, or other medical risk, • Asbestos, asbestos -containing material, formaldehyde or other potentially toxic or otherwise hazardous material contained in or on the surface of the floors, walls, ceilings, Insulation or other structural components of the area of any building where work is required to be performed under this Agreement. All of the above are hereinafter referred to as "Hazardous Conditions". Company shall have the right to rely on the representations listed above. If hazardous conditions are encountered by Company during the course of Company's work, the discovery of such materials shall constitute an event beyond Company's control and Company shall have no obligation to further perform in the area where the hazardous conditions exist until the area has been made safe by Customer as certified in writing by an Independent testing agency, and Customer shall pay disruption expenses and re -mobilization expenses as determined by Company.This Agreement does not provide for the cost of capture, containment or disposal of any hazardous waste materials, or hazardous materials, encountered in any of the Covered System(s) and/or during performance of the Services. Said materials shall at all times remain the responsibility and property of Customer. Company shall not be responsible for the testing, removal or disposal of such hazardous materials 16. Remote Service, If Customer selects Remote Service, Customer understands and agrees that, while Remote Service provides for communication regarding Customer's fire alarm system to Company via the internet, Remote Service does not constitute monitoring of the system and Customer understands that Remote Service does not provide for Company to contact the fire department or other authorities in the event of a fire alarm. The Customer understands that if it wishes to receive monitoring of its fire alarm system and notification of the fire department or other authorities in the event of a fire alarm, It must select monitoring services as a separate service under this Agreement. CUSTOMER FURTHER UNDERSTANDS AND AGREES THAT THE TERMS OF SECTION 17.F OF THIS AGREEMENT APPLY TO REMOTE SERVICE. 17. Monitoring Services. If Customer has selected Monitoring services, the following shall apply to such services: A. Alarm Monitoring Service. Customer agrees and acknowledges that Company's sole and only obligation under this Agreement shall be to provide alarm monitoring, notification, and/or Runner services as set forth in this Agreement and to endeavor to notify the party(les) identified by Customer on the Contact/Call List ("Contacts") and/or Local Emergency Dispatch Numbers for responding authorities. Upon receipt of an alarm signal, Company may, at our sole discretion, attempt to notify the Contacts to verify the signal is not false. If we fail to notify the Contacts or question the response we receive, we will attempt to notify the responding authority. In the event Company receives a supervisory signal or trouble signal, Company shall endeavor to promptly notify one of the Contacts. Company shall not be responsible for a Contact's or responding authority's refusal to acknowledge/respond to Company's notifications of receipt of an alarm signal, nor shall Company be required to make additional notifications because of such refusal. The Contacts are authorized to act on Customer's behalf and, if so designated on the Contact/Call List, are authorized to cancel an alarm prior to the notification of authorities. Customer understands that local laws, ordinances or policies may restrict Company's ability to provide the alarm monitoring and notification services described in this Agreement and/or necessitate modified or additional services and related charges to Customer. Customer understands that Company may employ a number of Industry -recognized measures to help reduce occurrences of false alarm signal activations. These measures may Include, but are not limited to, implementation of Industry -recognized default settings; implementation of "partial clear time bypass" procedures at our alarm monitoring center and other similar measures at our sole discretion from time to time. THESE MEASURES CAN RESULT IN NO ALARM SIGNAL BEING SENT FROM AN ALARM ZONE IN CUSTOMER'S PREMISES AFTER THE INITIAL ALARM ACTIVATION UNTIL THE ALARM SYSTEM IS MANUALLY RESET. Upon receiving notification from Company that a fire or gas detection (e.g. carbon monoxide) signal has been received, the responding authority may forcibly enter the premises. Cellular radio unit test supervision, if provided under this Agreement, provides only the status of the cellular radio unit's current signaling ability at the time of the test communication based on certain programmed intervals and does not serve to detect the potential loss of radio service at the time of an actual emergency event. Company shall not be responsible to provide monitoring services under this Agreement unless and until the communication link between Customer's premises and Company's Monitoring Center has been tested. SUCH SERVICES ARE PROVIDED WITHOUT WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. B Limitation of Liability; Limitations of Remedy. Customer understands that Company offers several levels of Monitoring Services and that the level described has been chosen by Customer after considering and balancing various levels of protection afforded and their related costs. It is understood and agreed by the Customer that Company Is not an insurer and that Insurance coverage, if any, shall be obtained by the Customer and that amounts payable to Company hereunder are based upon the value of the Monitoring Services and the scope of liability set forth in this Agreement and are unrelated to the value of the Customer's property and the property of others located on the premises. Customer agrees to look exclusively to the Customer's Insurer to recover for Injuries or damage in the event of any loss or injury and that Customer releases and waives all right of recovery against Company arising by way of subrogation. Company makes no guaranty or Warranty, including any implied warranty of merchantability or fitness for a particular purpose that equipment or services supplied by Company will detect or avert occurrences or the consequences there from that the equipment or service was designed to detect or avert, It is impractical and extremely difficult to fix the actual damages, if any, which may proximately result from failure on the part of Company to perform any of Its monitoring obligations under this Agreement. Accordingly, Customer agrees that, Company shall be exempt from liability for any loss, damage or Injury arising directly or indirectly from occurrences, or the consequences there from, which the equipment or service was designed to detect or avert. Should Company be found liable for any loss, damage or injury arising from a failure of the equipment or service In any respect, Company's liability with respect to Monitoring Services shall be the lesser of the annual fee for Monitoring Services allocable to the site where the incident occurred or two thousand five hundred ($2,500) dollars. Such sum shall be complete and exclusive, If Customer desires Company to assume greater liability, the parties shall amend this Agreement by attaching a rider setting forth the amount of additional liability and the additional amount payable by the Customer for the assumption by Company of such greater liability, provided however that such rider shall in no way be Interpreted to hold Company as an Insurer. SG0001 US.ENG (Rev. 12/2010) Page 5 of 7 © 2010 SimplexGrinnell LP. All rights reserved IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DAMAGE, LOSS, INJURY, OR ANY OTHER CLAIM ARISING FROM ANY SERVICING, ALTERATIONS, MODIFICATIONS, CHANGES, OR MOVEMENTS OF THE COVERED SYSTEM(S), AS HEREINAFTER DEFINED, OR ANY OF ITS COMPONENT PARTS BY THE CUSTOMER OR ANY THIRD PARTY. COMPANY SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DAMAGES ARISING FROM THE USE, LOSS OF THE USE, PERFORMANCE, OR FAILURE OF THE COVERED SYSTEM(S) TO PERFORM. The limitations of liability set forth In this Agreement shall Inure to the benefit of all parents, subsidiaries and affiliates of Company, whether direct or Indirect. Company's employees, agents, officers and directors. C. Indemnity, Insurance. Customer agrees to indemnify, hold harmless and defend Company against any and all losses, damages, costs, including expert fees and costs, and expenses including reasonable defense costs, arising from any and all third party claims for personal Injury, death, property damage or economic loss, arising in any way from any act or omission of Customer or Company relating in any way to the Monitoring Services provided under this Agreement, whether such claims are based upon contract, warranty, tort (including but not limited to active or passive negligence), strict liability or otherwise. Company reserves the right to select counsel to represent it in any such action. Customer shall name Company, its officers, employees, agents, subcontractors, suppliers, and representatives as additional Insureds on Customer's general liability and auto liability policies. D. No modification, Modification to Sections 17 B or C may only be made by a written amendment to this Agreement signed by both parities specifically referencing Section 17 B and/or C, and no such amendment shall be effective unless approved by the manager of Company's Central Monitoring Center. E. Customer's Duties. In addition to Customer's duty to indemnify, defend, and hold Company harmless pursuant to this Section 17: I. Customer agrees to furnish the names and telephone numbers of all persons authorized to enter or remain on Customer's premises and/or that should be notified in the event of an alarm (the Contact/Call List) and Local Emergency Dispatch Numbers and provide all changes, revision and modifications to the above to Company in writing in a timely manner. Customer must ensure that all such persons are authorized and able to respond to such notification, it. Customer shall carefully and properly test and set the system immediately prior to the securing of the premises and carefully test the system in a manner prescribed by Company during the term of this Agreement. Customer agrees that It is responsible for any losses or damages due to malfunction, miscommunication or failure of Customer's system to accurately handle, process or communicate date data, If any defect in operation of the System develops, or in the event of a power failure, interruption of telephone service, or other interruption at Customer's premises of signal or data transmission through any media, Customer shall notify Company immediately. If space/interior protection (i.e. ultrasonic, microwave, infrared, etc.) is part of the System, Customer shall walk test the system in the manner recommended by Company. Iii. When any device or protection is used, Including, but not limited to, space protection, which may be affected by turbulence of air, occupied airspace change or other disturbance, forced air heaters, air conditioners, horns, bells, animals and any other sources of air turbulence or movement which may interfere with the effectiveness of the System during closed periods while the alarm system is on, Customer shall notify Company iv. Customer shall promptly reset the System after any activation. v. Customer shall notify Company regarding any remodeling or other changes to the protected premises that may affect operation of the system. vi. Customer shall cooperate with Company in the Installation, operation and/or maintenance of the system and agrees to follow all Instructions and procedures which may be prescribed for the operation of the system, the rendering of services and the provision of security for the premises. vii. Customer shall pay all charges made by any telephone or communications provider company or other utility for installation, leasing, and service charges of telephone lines connecting Customer's premises to Company. Customer acknowledges that alarm signals from Customer's premises to Company are transmitted over Customer's telephone or other transmission service and that in the event the telephone or other transmission service is out of order, disconnected, placed on "vacation", or otherwise interrupted, signals from Customer's alarm system will not be received by Company, during any such Interruption in telephone or other transmission service and the interruption will not be known to Company. Customer agrees that in the event the equipment or system continuously transmits signals reasonably determined by Company to be false and/or excessive in number, Customer shall be subject to the additional costs and fees incurred by Company in the receiving and/or responding to the excessive signals and/or Company may at its sole discretion terminate this Agreement with respect to Monitoring services upon notice to Customer. F. Communication Facilities. i. Authorization. Customer authorizes Company, on Customer's behalf, to request services, orders or equipment from a telephone company, wireless carrier or other company providing communication facilities, signal transmission services or facilities under this Agreement (referred to as " Communication Company"). Should any third party service, equipment or facility be required to perform the Monitoring services set forth in this Agreement, and should the same be terminated or become otherwise unavailable or impracticable to provide, Company may terminale Monitoring services upon notice to Customer. Ii, Digital Communicator. Customer understands that a digital communicator (DACT), if installed under this Agreement, uses traditional telephone lines for sending signals which eliminate the need for a dedicated telephone line and the costs associated with such dedicated lines. Iii. Derived Local Channel. The Communication Company's services provided to Customer in connection with the Services may include Derived Local Channel service. Such service may be provided under the Communication Company's service marks or service names. These services Include providing lines, signal paths, scanning and transmission. Customer agrees that the Communication Company's liability is limited to the same extent Company's liability is limited pursuant to this Section 17. iv. CUSTOMER UNDERSTANDS THAT COMPANY WILL NOT RECEIVE ALARM SIGNALS WHEN THE TELEPHONE LINE OR OTHER TRANSMISSION MODE IS NOT OPERATING OR HAS BEEN CUT, INTERFERED WITH OR IS OTHERWISE DAMAGED OR IF THE ALARM SYSTEM IS UNABLE TO ACQUIRE, TRANSMIT OR MAINTAIN AN ALARM SIGNAL OVER CUSTOMER'S TELEPHONE SERVICE FOR ANY REASON INCLUDING NETWORK OUTAGE OR OTHER NETWORK PROBLEMS SUCH AS CONGESTION OR DOWNTIME, ROUTING PROBLEMS, OR INSTABILITY OF SIGNAL QUALITY. CUSTOMER UNDERSTANDS THAT OTHER POTENTIAL CAUSES OF SUCH A FAILURE OVER CERTAIN TELEPHONE SERVICES (INCLUDING BUT NOT LIMITED TO SOME TYPES OF DSL, ADSL, VOIP, DIGITAL PHONE, INTERNET PROTOCOL BASED PHONE OR OTHER INTERNET INTERFACE -TYPE SERVICE OR RADIO SERVICE, INCLUDING CELLULAR OR PRIVATE RADIO, ETC. (" NON-TRADITIONAL TELEPHONE SERVICE")) INCLUDE BUT ARE NOT LIMITED TO: (1) LOSS OF NORMAL ELECTRIC POWER TO CUSTOMER'S PREMISES (THE BATTERY BACK-UP FOR THE ALARM PANEL DOES NOT POWER TELEPHONE SERVICE); AND (2) ELECTRONICS FAILURES SUCH AS A MODEM MALFUNCTION. CUSTOMER UNDERSTANDS THAT COMPANY WILL ONLY REVIEW THE INITIAL COMPATIBILITY OF CUSTOMER'S ALARM SYSTEM WITH NON-TRADITIONAL TELEPHONE SERVICE AT THE TIME OF INITIAL CONNECTION TO COMPANY'S MONITORING CENTER AND THAT CHANGES IN CUSTOMER'S TELEPHONE SERVICE'S DATA FORMAT AFTER THE INITIAL REVIEW OF COMPATIBILITY COULD MAKE CUSTOMER'S TELEPHONE SERVICE UNABLE TO TRANSMIT ALARM SIGNALS TO COMPANY'S MONITORING CENTERS, IF COMPANY DETERMINES IN ITS SOLE DISCRETION THAT IT IS COMPATIBLE, COMPANY WILL PERMIT CUSTOMER TO USE NON- TRADITIONAL TELEPHONE SERVICE AS THE SOLE METHOD OF TRANSMITTING ALARM SIGNALS, ALTHOUGH CUSTOMER UNDERSTANDS THAT COMPANY RECOMMENDS THE USE OF AN ADDITIONAL BACK-UP METHOD OF COMMUNICATION TO CONNECT CUSTOMER'S ALARM SYSTEM TO THE MONITORING CENTER REGARDLESS OF THE TYPE OF TELEPHONE SERVICE USED, CUSTOMER ALSO UNDERSTANDS THAT IF COMPANY DETERMINES IN ITS SOLE DISCRETION THAT CUSTOMER'S NON-TRADITIONAL TELEPHONE SERVICE IS OR LATER BECOMES NON -COMPATIBLE, OR IF CUSTOMER CHANGES TO ANOTHER NON-TRADITIONAL TELEPHONE SERVICE THAT IS NOT COMPATIBLE, THEN COMPANY REQUIRES THAT CUSTOMER USE AN ALTERNATE METHOD OF COMMUNICATION ACCEPTABLE TO COMPANY AS THE PRIMARY METHOD TO CONNECT CUSTOMER'S ALARM SYSTEM TO THE MONITORING CENTER, CUSTOMER UNDERSTANDS THAT TRANSMISSION OF FIRE ALARM SIGNALS BY MEANS OTHER THAN A TRADITIONAL TELEPHONE LINE MAY NOT BE IN COMPLIANCE WITH FIRE ALARM STANDARDS OR SOME LOCAL FIRE CODES, AND THAT IT IS CUSTOMER'S OBLIGATION TO COMPLY WITH SUCH STANDARDS AND CODES, CUSTOMER ALSO UNDERSTANDS THAT IF THE ALARM SYSTEM HAS A LINE CUT FEATURE, IT MAY NOT BE ABLE TO DETECT IF A NON-TRADITIONAL TELEPHONE SERVICE LINE IS CUT OR INTERRUPTED, AND THAT COMPANY MAY NOT BE ABLE TO PROVIDE CERTAIN AUXILIARY MONITORING SERVICES THROUGH A NON-TRADITIONAL TELEPHONE LINE OR SERVICE. CUSTOMER FURTHER UNDERSTANDS THAT THE ALARM PANEL MAY BE UNABLE TO SEIZE THE PHONE LINE TO TRANSMIT AN ALARM SIGNAL IF ANOTHER CONNECTION IS OFF THE HOOK DUE TO IMPROPER CONNECTION OR OTHERWISE, G. Verification; Runner Service. Some jurisdictions may require alarm verification by telephone or on-site verification (Runner Service) before dispatching emergency services. In the event that a requirement of alarm verification becomes effective after the date of this Agreement, such services may be available at an additional charge. Company shall not be held liable for any delay or failure of dispatch of emergency services arising from such verification, Where Runner Service is indicated, such services may be provided by a third party. COMPANY WILL NOT ARREST OR DETAIN ANY PERSON. H. Personal Emergency Response Service. If Customer has selected Personal Emergency Response Services, Customer agrees that the very nature of Personal Emergency Response Services, irrespective of any delays, involves uncertainty, risk and possible serious injury, disability or death, for S00001 US.ENG (Rev. 12/2010) Page 6 of 7 © 2010 SimplexGrinnell LP. All rights reserved which Company should not under any circumstances be held responsible or liable; that the equipment furnished for Personal Emergency Response Services is not foolproof and may experience signal transmission failures or delays for any number of reasons, whether or not our fault or under Company's control; that the actual time required for medical emergency providers to arrive at the premises and/or to transport any person requiring medical attention is unpredictable and that many contributing factors, Including but not limited to such things as telephone network operation, distance, weather, road and traffic conditions, alarm equipment function and human factors, both with responding authorities and with Company, may affect response 18. Limited Warranty. COMPANY WARRANTS THAT ITS WORKMANSHIP AND MATERIAL, EXCLUDING MONITORING SERVICES, FURNISHED UNDER THIS AGREEMENT WILL BE FREE FROM DEFECTS FOR A PERIOD OF NINETY (90) DAYS FROM THE DATE OF FURNISHING. Where Company provides product or equipment of others, Company will warrant the product or equipment only to the extent warranted by such third party. EXCEPT AS EXPRESSLY SET FORTH HEREIN, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICES PERFORMED OR THE PRODUCTS, SYSTEMS OR EQUIPMENT, IF ANY, SUPPORTED HEREUNDER. COMPANY MAKES NO WARRANTY OR REPRESENTATION, AND UNDERTAKES NO OBLIGATION TO ENSURE BY THE SERVICES PERFORMED UNDER THIS AGREEMENT, THAT COMPANY'S PRODUCTS OR THE SYSTEMS OR EQUIPMENT OF THE CUSTOMER WILL CORRECTLY HANDLE THE PROCESSING OF CALENDAR DATES BEFORE OR AFTER DECEMBER 31,1999. 19. Taxes, Fees, Fines, Licenses, and Permits. Customer agrees to pay all sales tax, use tax, property tax, utility tax and other taxes required in connection with the equipment and services listed, including telephone company line charges, if any. Customer shall comply with all laws and regulations relating to the equipment and its use and shall promptly pay when due all sales, use, property, excise and other taxes and all permit, license and registration fees now or hereafter imposed by any government body or agency upon the equipment or Its use. Company may, without notice, obtain any required permit, license or registration for Customer at Customer's expense and charge a fee for this service. if Customer falls to maintain any required licenses or permits, Company shall not be responsible for performing the services and may terminate the services without notice to Customer. 20. Outside Charges. Customer understands and accepts that Company specifically denies any responsibility for charges associated with the notification or dispatching of anyone, including but not limited to fire department, police department, paramedics, doctors, or any other emergency personnel, and if there are any charges incurred as a result of said notification or dispatch, said charges shall be the responsibility of Customer. 21, Insurance. Customer shall name Company, its officers, employees, agents, subcontractors, suppliers, and representatives as additional insureds on Customer's general liability and auto liability policies. 22. Waiver of Subrogation. Customer does hereby for itself and all other parties claiming under it release and discharge Company from and against all hazards covered by Customer's insurance, it being expressly agreed and understood that no insurance company or insurer will have any right of subrogation against Company. 23. Force Majeure, Exclusions. Company shall not be responsible for delays, Interruption or failure to render services due to causes beyond its control, including but not limited to material shortages, work stoppages, fires, civil disobedience or unrest, severe weather, fire or any other cause beyond the control of Company. This Agreement expressly excludes, without limitation, provision of fire watches; reloading of, upgrading, and maintaining computer software; making repairs or replacements necessitated by reason of negligence or misuse of components or equipment or changes to Customer's premises; vandalism; power failure; current fluctuation; failure due to non -Company installation; lightning, electrical storm, or other severe weather; water; accident; fire; acts of God; testing Inspection and repair of duct detectors, beam detectors, and UV/IR equipment; provision of fire watches; clearing of ice blockage; draining of improperly pitched piping; batteries; recharging of chemical suppression systems; reloading of, upgrading, and maintaining computer software; corrosion (including but not limited to micro -bacterially induced corrosion ("MIC")); cartridges greater that 16 grams; gas valve installation; or any other cause external to the Covered System(s) and Company shall not be required to provide Service while interruption of service due to such causes shall continue. This Agreement does not cover and specifically excludes system upgrades and the replacement of obsolete systems, equipment, components or parts. All such services may be provided by Company at Company's sole discretion at an additional charge. If Emergency Services are expressly included in the Service Solution, the Agreement price does not include travel expenses. 24. Delays, Company shall have no responsibility or liability to Customer or any other person for delays in the Installation or repair of the System or the performance of our Services regardless of the reason, or for any resulting consequences. 25. Termination. Company may terminate this Agreement immediately at Its sole discretion upon the occurrence of any Event of Default as hereinafter defined. Company may also terminate this Agreement at Its sole discretion upon notice to Customer if Company's performance of its obligations under this Agreement becomes impracticable due to obsolescence of equipment at Customer's premises or unavailability of parts. 26. No Option to Solicit. Customer shall not, directly or indirectly, on its own behalf or on behalf of any other person, business, corporation or entity, solicit or employ any Company employee, or Induce any Company employee to leave his or her employment with Company, for a period of two years after the termination of this Agreement. 27. Default, An Event of Default shall Include 1) any full or partial termination of this Agreement by Customer before the expiration of the then -current Term, 2) failure of the Customer to pay any amount within ten (10) days after the amount is due and payable, 3) abuse of the System or the Equipment, 4) failure by Customer to observe, keep or perform any term of this Agreement; 5) dissolution, termination, discontinuance, insolvency or business failure of Customer. Upon the occurrence of an Event of Default, Company may pursue one or more of the following remedies, 1) discontinue furnishing Services, 2) by written notice to Customer declare the balance of unpaid amounts due and to become due under the this Agreement to be immediately due and payable, provided that all past due amounts shall bear interest at the rate of 1 %% per month (18% per year) or the highest amount permitted by law, 3) receive immediate possession of any equipment for which Customer has not paid, 4) proceed at law or equity to enforce performance by Customer or recover damages for breach of this Agreement, and 5) recover all costs and expenses, including without limitation reasonable attorneys' fees, in connection with enforcing or attempting to enforce this Agreement. 28. One -Year Limitation on Actions; Choice of Law. It is agreed that no suit, or cause of action or other proceeding shall be brought against either party more than one (1) year after the accrual of the cause of action or one (1) year after the claim arises, whichever is shorter, whether known or unknown when the claim arises or whether based on tort, Agreement, or any other legal theory. The laws of Massachusetts shall govern the validity, enforceability, and Interpretation of this Agreement. 29, Assignment. Customer may not assign this Agreement without Company's prior written consent. Company may assign this Agreement without obtaining Customer's consent. 30. Entire Agreement. The parties intend this Agreement, together with any attachments or Riders (collectively the "Agreement) to be the final, complete and exclusive expression of their Agreement and the terms and conditions thereof. This Agreement supersedes all prior representations, understandings or agreements between the parties, written or oral, and shall constitute the sole terms and conditions relating to the Services. No waiver, change, or modification of any terms or conditions of this Agreement shall be binding on Company unless made in writing and signed by an Authorized Representative of Company. 31. Headings, The headings in this Agreement are for convenience only. 32. Severability. If any provision of this Agreement is held by any court or other competent authority to be void or unenforceable in whole or in part, this Agreement will continue to be valid as to the other provisions and the remainder of the affected provision, 33. Electronic Media. Customer agrees that Company may scan, image or otherwise convert this Agreement into an electronic format of any nature. Customer agrees that a copy of this Agreement produced from such electronic format is legally equivalent to the original for any and all purposes, Including litigation. Customer agrees that Company's receipt by fax of the Agreement signed by Customer legally binds Customer and such fax copy is legally equivalent to the original for any and all purposes, Including litigation. 34. Legal Fees. Company shall be entitled to recover from the Customer all reasonable legal fees incurred in connection with Company enforcing the terms and conditions of this Agreement. 35, License Information (Security System Customers): AL Alabama Electronic Security Board of Licensure 7956 Vaughn Road, PMB 392, Montgomery, Alabama 36116 (334) 264-9388: AR Regulated by: Arkansas Board of Private Investigators and Private Security Agencies, #1 State Police Plaza Drive, Little Rock 72209 (501)618-8600: CA Alarm company operators are licensed and regulated by the Bureau of Security and Investigative Services, Department of Consumer Affairs, Sacramento, CA, 95814. Upon completion of the installation of the alarm system, the alarm company shall thoroughly instruct the purchaser in the proper use of the alarm system. Failure by the licensee, without legal excuse, to substantially commence work within 20 days from the approximate date specified in the agreement when the work will begin is a violation of the Alarm Company Act: NY Licensed by the N.Y.S. Department of the State: TX Texas Commission on Private Security, 5805 N. Lamar Blvd., Austin, TX 78752-4422, 512-424-7710. License numbers available at www.simplexgrinnell.com or contact your local SlmplexGrinnell office. SG0001 US.ENG (Rev. 12/2010) Page 7 of 7 © 2010 SimplexGrinnell I.P. All rights reserved �t r, 3 � f,, i /!gin •F, €,.,t G - f �T+ October 2, 2014 City of Meridian — Meridian Attn: Eric Jensen 3401 N 10 Mile Rd Meridian, ID, 83646 Wastewater Admin Complex 8783 W Hackanore Drive Boise, 1D 83709 P: 208.376.2111 www, lycosimo l exgrinnell, con Subject: Service Agreement Addendum to Proposal H374788 Dear Eric: Here are the mutually agreed upon changes to the terms and conditions of the Service Solutions Agreement to provide monitoring under Proposal 4 374488. Please sign below to fully incorporate these changes to the Service Solutions Agreement. We wish to extend our appreciation for your business. 1. Para graph 1. Term, Delete and revise to read as follows: "The initial term of this Agreement shall commence on October 1, 2014 and continue for 1 year ending Sept 30, 2015(the "Initial Term"). At the conclusion of the Initial Term, this Agreement shall automatically extend for successive terms equal to the Initial Term unless either party gives written notice to the other party at least thirty (30) days prior to the end of the then -current term," 2, Paragraph 7. Indemnity. Delete in its entirety. Provision 17 only applies to remote Alarm Monitoring Services. The terms and conditions under this Provision 17 are in line with those used throughout the Fire Alarm and Security Monitoring industry and are a key reason why SimplexGrinnell can offer its customers reasonable pricing for the monitoring services provided. In order to provide these monitoring services, SimplexGrinnell can only mare the following changes: 3. Paragraph 17(C) — Indemnity and Insurance for Monitoring. SimplexGrinnell will not agree to this deletion but will add to the beginning of the paragraph: "To the extent of applicable law,", 4. Paragraph 21, Insurance. Delete in its entirety. 5. Paragraph 22. Waiver of Subrogation. Delete in its entirety. Page ] of 2 6. Paragrapl128. One -Year Limitation mi -Actions; Choice of'Laiv. Devise to read: "The laws of the State in which the services are performed shall govern the validity, enforceability, and interpretation of this Agreement'." Other than as set forth to the contrary herein, all terns and conditions of the Agreement remain irl effect and tinchar ged. Please acknowledge receipt and 'acceptance by signing below and returning a copy to: SiniplexCiriruiell LP 8783 W. Hackanaore Drive Boise, ID 83709 .If you have any gtlestions, Tease feel free to call ole to discuss these amendments. SimplekGrinnell LP City of Meridian ("Company") ("Custoiner") Tamara Schissel Accepted by: District General Manager Title: j Date: • • r October 7, 2014 ITEM NUMBER: 5E Appro •- Approval of Professional Services Agreement for "Qualified Licensed Professional Engineer (QLPE) Plan Check Services" to Keller Associates in the Not -To -Exceed Amount of $50,000.00. MEETING NOTES Community Item/Presentations Presenter Contact Info./(Votes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Date: 10/2/2014 Buyer: Kathy Wanner Fund: 60 Department Construction: Project Name: Project Manager: Bruce Freckelton Contractor/Consultant/Design Engineer: Budget Available (Attach Report): CITY OF MERIDIAN CONTRACT/AGENDA REQUEST CHECKLIST REQUESTING DEPARTMENT Community Development 3280 GL Account: 55100 Project # 10449.a PSA: X Task Order: QLPE PLAN CHECK SERVICES Yes Will the project cross fiscal years? Yes Department Representative: Keller Associates Contract Amount: No X Budget Information: FY Budget: 2015 Enhancement #: Grant #: Other: Type of Grant: CONTRACT CHECKLIST BASIS OF AWARD Low Bidder Highest Rated X (Bid Results Attached) (Ratings Attached) Typical Award Yes X No If no please state circumstances and conclusion: 10 Day Waiting Period Complete: PW License # n/a Corporation Status (Attach Print Out): Insurance Certificates Received (Date): Payment and Performance Bonds Received (Date): Builders Risk Ins. Req'd: Yes No X Current? (attach print out) August 12, 2014 Master Agreement (Category) Date Award Posted: n/a n/a Correct Category? n/a Rating: A n/a Rating: n/a If yes, has policy been purchased? Date Submitted to Clerk for Agenda: October 2, 2014 Approved by Council Issue Purchase Order No. Date Issued: WI -15 submitted Issue Notice of Award: Date: NTP Date: IDSOS Viewing Business Entity Page 1 of 1 ` IDAHO SECRETARY OF STATE !Hewing Business Entity ., Ben Ysursa, Secretary of State [ New Search ] [ Back to Summary ] [ Get a certificate of existence for KELLER ASSOCIATES, INC. ] [ Monitor KELLER ASSOCIATES, INC, business firings ] KELLER ASSOCIATES, INC. 131 SW 5TH AVE STE A MERIDIAN, ID 83642 Type of Business: CORPORATION, GENERAL BUSINESS Status: GOODSTANDING, ANREPT SENT 11 Aug 2014 State of Origin: IDAHO Date of 02 Oct 2007 Origination/Authorization: Current Registered Agent: ROD J LINJA 131 SW 5TH AVE SUITE A MERIDIAN, ID 83642 Organizational ID / Filing C175282 Number: Number of Authorized Stock 15000 Shares: Date of Last Annual Report: 18 Sep 2014 Filed 02 Oct 2007 INCORPORATION Amendment Filed 02 May 2008 ARTICLES RESTATEMENT [ Help Me Print/View TIFF ] View Ima e PDF format) View Ima e STIFF format) [ Help Me Print/View TIFF ] View ImagPDF formatl View Image_TIFF formatl [ HHel Me Print/View TIFF ] Report for year 2014 ANNUAL REPORT View Document Online Report for year 2013 ANNUAL REPORT View Document Online Report for year 2012 ANNUAL REPORT View Document Online Report for year 2012 CHNG View Imac)PDF format) View Image RA/RO (TIFF format) Report for year 2011 ANNUAL REPORT View Document Online Report for year 2010 ANNUAL REPORT View Document Online Report for year 2009 ANNUAL REPORT View Document Online Report for year 2008 CHNG View Image CPDF format) thew Image OFF/DIR (TIFF format) Report for year 2008 ANNUAL REPORT View Document Online Idaho Secretary of State's Main Page State of Idaho Home Page Comments, questions or suggestions can be emailed to: sosinfo@sosJdaho.gov http://www.accessidaho.org/public/sos/corp/C 175282.html 10/2/2014 City Of Meridian Detailed Statement of Revenues and Expenditures - Rev and Exp Report - Keith - Unposted Transactions Included In Report 3280 - Land Development 60 - Enterprise Fund From 10/1/2014 Through 9/30/2015 OPERATING COSTS 55100 PROFESSIONAL SVC for QLPE Reviews Total OPERATING COSTS TOTAL EXPENDITURES Percent of Budget with Current Year Budget Budget Amendments Actual Remaining Remaining 50,000.04 0.00 50,000.04 100.0096 50,000.04 0.00 50,000.04 100.00% 50,000.04 0.00 50,000.04 100.000 Date: 10/2/14 04:52:50 Ptd Page: 1 KELLE-4 OP ID: JY ���R► p CERTIFICATE F LIABILITY Y INU N DATE (MWDDIYYYY) 08/12/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In Ileu of such endorsement(s). PRODUCER The Hartwell Corporation - Cal PO BOX 400 CONTACT NAME: PHONE FAX A1C No Ext): A1C No): ADDRESS: Caldwell, ID 83606 Jeremy Kroll INSURER(S) AFFORDING COVERAGE NAIC # wsURERA: Travelers Indemnity Co of Am. 25658 _ EACH OCCURRENCE $ 1,000,00 INSURED Keller Associates, Inc. INSURER B: Travelers Indemnity of CT 25682 131 SW 5th Avenue, Suite A Meridian, ID 83642 INSURER c: Travelers Casualty and Surety 31194 INSURER D:Travelers Indemnity Co 25666� INSURERE:XL Specialty Insurance Co. 37885 PRODUCTS - COMP/OP AGG $ 21000,00 INSURER F: B COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR L TYPE OF INSURANCE POLICY NUMBER MWO� EFF MMIDD ECY XP LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE I—XI OCCUR X CG D381 6807877L118 12/01/2013 12/01/2014 EACH OCCURRENCE $ 1,000,00 DAMAGE TO RENTED PREMISES 1,000,00( PREMISES (Ea occurrence) $ MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,00 CGD379 GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: POLICYX PRO-- LOC PRODUCTS - COMP/OP AGG $ 21000,00 $ B AUTOMOBILE LIABILITY X ANY AUTO ALL OWNEDE SCHEDULED AUTOS AUTOS NON -OWNED HIREDAUTOS AUTOS X CAT353 BA7877L468 12/01/2013 12/01/2014 COMBINED SINGLE LIMIT 1,000,000 Ea accident $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ PERACCIDEM' $ D UMBRELLA LIAB EXCESS LIAB I X OCCUR CLAIMS -MADE CUP8961X179 12/01/2013 12101/2014 EACH OCCURRENCE $ 4,000,00 AGGREGATE $ 4,000,00 DED I X I RETENTION 10000 $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNEP/EXECUTIVE OFFICER/MEMBER EXCLUDED? �N (Mandatory In NH) If Yes, describe under DESCRIPTION OF OPERATIONS below J A UB9722YO81 BLANKET W OF SUB 05/01/2014 05/01/2015 X WC STATU- ER TORY LIMITS ER E.L EACHACCIDENT $ 1,000,00 FL DISEASE - EA EMPLOYEE $ 1,000,00 E.L. DISEASE- POLICY LIMIT $ 1,000,00 E Profes Liability $100,000 Deduct DPR9713110 12/0112013 12101/2014 Ea. Claim 2,000,00 AnnlAggr 2,000,00 DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more apace Is required) General Engineering Services GtK I II -ILA I t MULLJtK l.H1Vl.tLLH I IUN MERID03 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE of Meridian THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City ACCORDANCE WITH THE POLICY PROVISIONS. Department of Public Works 33 E Broadway Ave AUTHORIZED REPRESENTATIVE Meridian, ID 83642 ©19BB-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager C: Jacy Jones, Bruce Freckleton Date: 10-2-2014 Re: October 7t' City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the October 7t' City Council Consent Agenda for Council's consideration. Approval of Professional Services Agreement for "QLPE Plan Check Services" to Keller Associates in the Not -To -Exceed amount of $50,000.00. Recommended Council Action: Approval of Professional Services Agreement to Keller Associates for the Not -To -Exceed amount of $50,000.00. This agreement is the result of Request for Qualifications CD -14-10449.a. Five proposals were received and evaluated. Thank you for your consideration. Page 1 (:�VIEKIDIAN, Community Development Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Bruce Freckleton DATE: 10/2/14 SUBJECT: QLPE Plan Check Services FA1 royZa Me Land Development Services Meridian City Hall, Suite 102 33 E. Broadway Avenue Meridian, Idaho 83642 1. Approve a Contract Agreement between the City of Meridian and Keller Associates for Qualified Licensed Professional Engineer (QLPE) Plan Check Services. 2. This agreement authorizes Keller Associates to provide alternate QLPE Plan Check Services to the City of Meridian from October 7, 2014 to September 30, 2015. This agreement may be extended for two (2) additional one year terms upon written agreement of both parties and City Council approval. If applicants choose this alternative, they will pay a per sheet review fee that directly offsets expenses under this contract. 3. Total and complete compensation for this Agreement shall not exceed $50,000.00 4. Authorize the Mayor to sign the Contract Agreement, and the City Clerk to attest. Bruce Chatterton, Community Development Director Bruce Freckleton, Dgv`e�pment Services Manager Bruch FrelAton,/Uevelopment Services Manager 884-5533 489-0362 Z•• . Ph: 208.887.2211 + www.meridiancity.org > Fax 208.887.1297 Rev: 01/2013 THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this 7t" day of October, 2014, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and Keller Associates, hereinafter referred to as "CONSULTANT", whose business address is 131 SW 51" Ave, Ste A, Meridian, ID 83642. Whereas, the City has a need for services involving QLPE PLAN CHECK SERVICES; and WHEREAS, the Consultant is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: Scope of Services: 1.1 CONSULTANT shall perform and furnish to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all services, and comply in all respects, as specified in the document titled "Scope of Services" a copy of which is attached hereto as Attachment "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Consultant under this Agreement, including without limitation electronic data files, are the property of the Consultant; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Consultant may copyright the same, except that, as to any work which is copyrighted by the Consultant, the City reserves a royalty -free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. 1.3 The Consultant shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Consultant represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect Page 1 of 11 at the time of performance of this Agreement. Except for that representation and any representations made or contained in and any reports or opinions prepared or issued as part of the work performed by the Consultant under this Agreement, Consultant makes no other warranties, either expressed or implied, as part of this Agreement. 1.4 Services and work provide by the consultant at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Consultant shall be compensated on a Time & Materials basis as provided in Attachment B "Payment Schedule" attached hereto and by reference made a part hereof for the Not -to -Exceed amount of $50,000.00 per year. 2.2 The Consultant shall provide the City with a monthly statement, as services warrant, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Consultant under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Consultant. 2.3 Except as expressly provided in this Agreement, Consultant shall not be entitled to receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement., including , but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Consultant shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Time of Performance: This agreement shall become effective upon execution by both parties, and shall expire September 30, 2015, the expiration of funds allocated for compensation or unless sooner terminated as provided below or unless some other method or time of termination is listed in Attachment A. This Agreement shall terminate automatically on the occurrence of (a) bankruptcy or insolvency of either party, or (b) sale of Consultants business. This agreement may be extended for two (2) additional one year terms upon written mutual agreement of both parties and City Council approval. Page 2 of 11 4. Independent Contractor: 4.1 In all matters pertaining to this agreement, CONSULTANT shall be acting as an independent contractor, and neither CONSULTANT nor any officer, employee or agent of CONSULTANT will be deemed an employee of CITY. Except as expressly provided in Attachment A, Consultant has no authority or responsibility to exercise any rights or power vested in the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 4.2 Consultant shall determine the method, details and means of performing the work and services to be provided by Consultant under this Agreement. Consultant shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Consultant in fulfillment of this Agreement. 5. Indemnification and Insurance: ENGINEER shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the negligent acts and/or errors or omissions by the ENGINEER, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortuous conduct of CITY or its employees. ENGINEER shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Professional Liability / Professional errors and omissions One Million Dollars ($1,000,000) aggregate, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law. The CITY shall be named an additional insured on both General Liability and Automotive policies. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, ENGINEER covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from, or in connection with the negligent performance of this Agreement by the ENGINEER or Engineer's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. ENGINEER shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing ENGINEER'S compliance with the requirements of this paragraph and file such proof of Page 3 of 11 insurance with the CITY at least ten (10) days prior to the date ENGINEER begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, ENGINEER shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 6. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: CITY City of Meridian Purchasing Manager 33 E Broadway Ave Meridian, ID 83642 208-888-4433 Email: kwatts@meridiancity.org CONSULTANT KELLER ASSOCIATES Attn: Ryan Morgan, P. E. 131 SW 5th Ave, Ste A. Meridian, ID 83642 Phone: 208-288-1992 Email: rmorgankellerasgociates.c€�rr� Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 7. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 8. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 9. Assignment: It is expressly agreed and understood by the parties hereto, that CONSULTANT shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 10. Discrimination Prohibited: In performing the Services required herein, CONSULTANT shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. Page 4 of 11 11.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 11.2 Consultant shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 12. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONSULTANT'S records with respect to all matters covered by this Agreement. CONSULTANT shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 13. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 14. Compliance with Laws: In performing the scope of services required hereunder, CONSULTANT shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 15. Changes: The CITY may, from time to time, request changes in the Scope of Services to be performed hereunder. Such changes, including any increase or decrease in the amount of CONSULTANT'S compensation, which are mutually agreed upon by and between the CITY and CONSULTANT, shall be incorporated in written amendments to this Agreement. 16. Termination: If, through any cause, CONSULTANT, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the Page 5 of 11 right to terminate this Agreement, in part or in its entirety, by giving written notice to CONSULTANT of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONSULTANT may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONSULTANT under this Agreement shall, at the option of the CITY, become its property, and CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, CONSULTANT shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONSULTANT, and the CITY may withhold any payments to CONSULTANT for the purposes of set-off until such time as the exact amount of damages due the CITY from CONSULTANT is determined. This provision shall survive the termination of this agreement and shall not relieve CONSULTANT of its liability to the CITY for damages. 17. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 18. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 19. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 20. Public Records Act: Pursuant to Idaho Code Section 9-335, et seq., information or documents received from the Contractor may be open to public inspection and copying unless exempt from disclosure. The Contractor shall clearly designate individual documents as "exempt" on each page of such documents and shall indicate the basis for such exemption. The CITY will not accept the marking of an entire document as exempt. In addition, the CITY will not accept a legend or statement on one (1) page that all, or substantially all, of the document is exempt from disclosure. The Contractor shall indemnify and defend the CITY against all liability, claims, damages, losses, expenses, actions, attorney fees and suits whatsoever for honoring such a designation or for the Contractor's failure to designate individual documents as exempt. The Contractor's failure to designate as exempt any document or portion of a document that is released by the CITY shall constitute a complete waiver of any and all claims for damages caused by any such release. Page 6 of 11 21. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 22. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN KLLR ASSOCIATES BY: . _ .._... m 'A1dW-QR- Dated: 1 (:� I `--l I I Approved by Council: (D il BY: ROD LINDA, P.E., President Dated:/7,01!1 Atte �, q r. JPS E. OLMAN, CITY CLE ,t Purchasing Appr val �Rtr�` De artm t pp val BY: KEIT ATS, Purchasing Manager BRU ETON, Dev. Services Mgr. Dated: % Dated: Page 7 of 11 Attachment A The City of Meridian (Owner) is interested in contracting with Keller Associates (Consultant) to perform Qualified Licensed Professional Engineer (QLPE) plan and specification reviews for simple water and wastewater main extensions in accordance with the Idaho Rules for Public Drinking Water Systems (IDAPA 58.01.08) and the Wastewater Rules (IDAPA 58.01.16). The QLPE review is authorized under I.C. 39-118(2)(d) as equivalent to review by the Department of Environmental Quality (DEQ) prior to construction for simple water and wastewater main extensions. At the time of approval, the QLPE must provide a written approval letter to the DEQ, through the Owner, which includes: ® A statement asserting that the QLPE represents the Owner with regard to the project in question; ® A statement that the plans and specifications are approved for construction; and ® A statement by the QLPE that the plans and specifications comply with the facility standards within the referenced IDAPA rules. ® The DEQ QLPE and Approval Checklist. Review comments may be issued in lieu of project approval. In this case, the QLPE provides written comments in electronic form to the Owner for delivery to the developer/project engineer, unless instructed by the Owner to communicate with them directly. Comments must be resolved prior to providing QLPE approval of the project. Upon approval by the QLPE, the QLPE provides the Owner with a PDF copy of the approved plans with the QLPE approval stamp and signature on the reviewed and approved sheet(s). QLPE communication is with the Owner's assigned Plan Reviewer. CONSULTANT SERVICES Task 1— Project Management Project management includes general project administration services including contract administration, monthly invoicing, progress reports, and internal project administration. Deliverables include monthly progress reports and invoices. ® Consultant will maintain frequent verbal and written communication with the Owner during the contract period and will be available to Owner staff for general or specific question regarding the Public Drinking Water Systems Rules, the Wastewater Rules, and the QLPE Rules. Page 8 of 11 Consultant will provide monthly status reports of the QLPE reviews, included with the monthly invoices. Each QLPE Review will be assign a separate task number for Consultant to provide both the Owner and Consultant an easy mean for tracking the invoices. Task 2 — Plan Review Upon notification from the Project Manager for the Owner that plans are available for review, Consultant will provide plan review of the pertinent water and wastewater sheets for compliance with the Idaho Rules for Public Drinking Water Systems (IDAPA 58.01.08) and the Wastewater Rules (IDAPA 58.01.16). QLPE comments and approval will be provided as outlined in the project description. The following data and/or services are to be provided by the Owner without cost to Consultant. 1. Written notification via email that plans are ready for review. 2. Notification of sheet(s) to be reviewed by the QLPE. 3. Two copies of the Owner approved plan sets. 4. A copy of the Will Serve Letter being submitted to DEQ for Consultant records. 5. Coordination of QLPE written response of unapproved plans with the developer/engineer. After initial contact, the Owner may direct the developer/engineer to contact Consultant directly. 6. Submittal of approved plans and QLPE Checklist to the DEQ Boise Regional Office. TIME OF COMPLETION Plan Check The following schedule is based on a written notification from the Owner of a request for QLPE plan review. ® Consultant will arrange for pickup of plans within one working day of written notification from the Owner that plans are available for review. ® Consultant will review each plan set and issue an approval or comment letter in accordance with IDAPA and Owner requirements will be provided electronically within five working days of the receipt of plan set from Owner. Approval Letters will include a complete, sealed, dated and signed copy of the DEQ QLPE Checklist. ® Consultant will arrange for upload to City FTP site of electronically approved plans within one working day of the QLPE approval letter. ® Consultant arrange for delivery of a hard copy of the QLPE approval letter, DEQ QLPE checklist and QLPE approved plan set to the City of Meridian Page 9of11 Consultant proposes to assign the following staff to the project Ryan V. Morgan, P.E. - Project Manager Area of responsibility: Lead QLPE reviewer and Project Manager Justin Walker, P.E. - Project Manager Area of Responsibility: Alternate QLPE reviewer. Other administrative staff as appropriate to support the Project Manager in performing the QLPE review. F-11MIIIIIIINIF200M ® The Owner will conduct the initial reviews of the plan sets and will make 100% complete sets available to Consultant. ® The Owner will review and/or update water system and sanitary sewer system models to determine if development is in compliance with the Owner's water and sanitary sewer master plans verifying pipelines are of adequate size to convey required flows and deliver adequate system design pressures. Owner will verify its ability to issue a project will -serve letter with declining balance report. ® The review budget assumes no field work or independent verification of what is shown on the plans. Page 10 of 11 A. Total and complete compensation for this agreement shall not exceed $50,000.00 per fiscal year without prior approval from the Owner. Fees will be billed for actual plan sheets review at the rates listed below. Fees will be billed monthly for completed QLPE reviews only. Services will be completed on an on call basis. TASK DESCRIPTION Plan Check Services per the specifications listed in the Scope of Work. AMOUNT A QLPE Plan Review (Reviewable Sheet) $260.00 TOTAL NOT TO EXCEED $50,000.00 Travel expenses, if applicable, will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. Page 11 of 11 Meridian City Council Meeting DATE: October 7, 2014 ITEM NUMBER:5 PROJECTNUMBER: ITEM TITLE: PROFESSIONAL SERVICES AGREEMENT Agreement for Professional Services with M.D. Willis Inc., for City Meeting Transcription Services EETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made this 1st day of October, 2014, by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", whose address is 33 East Broadway Avenue, Meridian, Idaho 83642, and M. D. Willis, Inc., hereinafter referred to as "Contractor", whose address is 1695 E. Comisky, Meridian, Idaho, 83642 PREMISES: A. Whereas, as part of its records, CITY desires to produce minutes and verbatim transcripts of hearings; and, B. Whereas, CONTRACTOR is in the business of providing stenographic services to public bodies, and others who need verbatim transcripts; and C. Whereas, CITY and CONTRACTOR desire to enter into an agreement whereby CONTRACTOR would furnish stenographic services to the CITY. NOW, THEREFORE, the parties hereto agree as follows: Scope of Services: CONTRACTOR shall perform all the necessary services provided under this agreement in connection with taking minutes and testimony at hearings in proceedings before the Meridian City Council and the Meridian City Planning and Zoning Commission. CONTRACTOR agrees to attend four (4) regular City Council meetings each month, and two (2) regular scheduled Planning and Zoning Commission meetings each month, and at those meetings, to transcribe the proceedings as to produce minutes and verbatim transcripts. CONTRACTOR will furnish to the City Attorney and the Planning Department, within two working days following a given meeting, a rough draft of the transcript. A final transcript shall be furnished to the City Clerk's office with a copy thereof, within five working days following the meeting. In the event CITY requires additional stenographic services beyond the six monthly meetings set forth above, CONTRACTOR agrees to provide such additional services provided that CONTRACTOR receives not less than two days notice prior to such meeting or meetings. 2. Contractor Non -Attendance — Emergency: In the event that an emergency or some other event not within CONTRACTOR'S control prevents CONTRACTOR from attending one of the meetings herein, CONTRACTOR'S attendance at that meeting shall be excused and CONTRACTOR shall prepare the minutes/hearing record from audio tapes furnished by the City Cleric. In that event, CONTRACTOR shall not be paid the meeting attendance fee but will be compensated for the actual transcription. Agreement for Stenographic Services FYI —page 1 of 5 CONTRACTOR shall notify the City Clerk as soon as possible regarding the emergency and reason for non-attendance. 3. Time of Performance: The services of CONTRACTOR are to commence on the 1St day of October, 2014 and continue through the 30t' day of September, 2015, unless terminated or renewed. 4. Compensation: CITY shall pay to CONTRACTOR the sum of TWENTY DOLLARS ($20.00) per hour (rounded to the nearest one-half hour) per meeting attendance by CONTRACTOR and further shall send an e-mail attached document transcription attachment and produce an original transcript, one copy thereof, and one Microsoft Word formatted electronic copy upon request at SIX DOLLARS ($6.00) per page based upon single spaced with margins of not more than one inch each on all sides on an 81/2" x 11" page with the font to be Arial 12 pitch. 5. Method of Payment: CONTRACTOR will invoice the City of Meridian Accounting Department at 33 East Broadway Avenue, Meridian, Idaho 83642 directly for all current amounts earned under this Agreement at the end of each month. The CITY will pay all invoices no later than the 15t" day of the month following delivery of the Invoice to CITY. 6. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City of Meridian 33 E. Broadway Avenue Meridian, Idaho 83642 M. D. Willis, Inc. 1695 E. Comisky Meridian, Idaho, 836422 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 8. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. Agreement for Stenographic Services FYI —page 2 of 5 9. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 10. Subcontracting: None of the services covered by this agreement shall be subcontracted without the prior written consent of the CITY. CONTRACTOR shall be fully responsible to CITY for the acts and omissions of subcontractors, and of persons either directly or indirectly employed by them, as CONTRACTOR is for the acts and omissions of person directly employed by CONTRACTOR. 11. Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 12. Discrimination Prohibited: In performing the Services required herein, CONTRACTOR shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 13. Duplication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 14. Termination for Cause: If, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. In such event, all finished or unfinished documents, data, maps, studies, surveys, drawings, models, photographs and reports prepared by CONTRACTOR under this Agreement shall, at the option of CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder. Notwithstanding the above, CONTRACTOR shall not be relieved of liability to CITY for damages sustained by CITY by virtue of any breach of this Agreement by CONTRACTOR, and CITY may withhold any payments to CONTRACTOR for the purposes of offset until such time as the exact amount of damages due CITY from CONTRACTOR are determined. This provision shall survive the termination of this Agreement and shall not relieve CONTRACTOR of its liability to CITY for damages. Agreement for Stenographic Services FY 15 — page 3 of 5 CITY understands and acknowledges that CONTRACTOR has the right to terminate due to cause instigated by CITY. In that situation, CONTRACTOR would have the same rights as CITY identified herein. 16. Independent Contractor Status: Both the CITY and CONTRACTOR agree that the relationship created by this agreement is that of independent contractor and not that of employee and employer. CONTRACTOR is responsible for the payment of any taxes, including, but not limited to, all federal, state and local personal and business income taxes, sales and use taxes, other business taxes and license fees, arising out of the activities of the CONTRACTOR. CONTRACTOR is responsible to keep in force all necessary public liability insurance and vehicle insurance with carriers which are satisfactory to CITY, and shall hold the CITY harmless from all claims, demands or suits arising out of the performance of services under this agreement. 17. Insurance: CONTRACTOR will supply CITY with proof of insurance general liability and vehicular liability insurance limits of not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000). 18. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 19. Option to Renew: CITY shall have the option to renew this agreement for successive one year periods provided that CITY notifies CONTRACTOR no later than thirty (3 0) days before the end of this agreement and any extension or renewal thereof, of CITY'S exercise of such option. 20. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. 21. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 22. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. Agreement for Stenographic Services FYI — page 4 of 5 IN WITNESS WHEREOF, the parties have herein executed this Agreement and made it effective as hereinabove provided. DATED AND SIGNED this 7th day of October, 2014. CITY OF MERIDIAN BY: --zt�de-wc *'-M o Cka�'lIIA �zo Attest: Q-S�) rl/� I M—�-k� M. D. WILLIS, INC. BY: �.. M. Dean Willis, President Agreement for Stenographic Services FY 15 — page 5 of 5 Meridian iCouncil Meeting DATE: October 7, 2014 IT 5 PROJECT ITEM TITLE: MASTER IMPROVEMENT AGREEMENT Master Improvement Agreement between Meridian Development Corporation and City of Meridian MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS MASTER IMPROVEMENT R , AGREEMENT BETWEEN MERIDIAN DEVELOPMENT CORPORATION AND CITY OF MERIDIAN This MASTER IMPROVEMENT AGREEMENT BETWEEN MERIDIAN DEVELOPMENT CORPORATION AND CITY OF MERIDIAN ("Master Improvement Agreement"), is made and entered into this day of v-_, 2014 by and between the Meridian Development Corporation, an urban renewal agency organized under the laws of the State of Idaho (hereinafter "MDC"), and the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City") (collectively, "Parties"). WHEREAS, City and MDC have developed a relationship of cooperation and partnership and are mutually interested in enhancing the Meridian community's quality of life, supporting downtown businesses, and stimulating economic development in the urban renewal area by installing public facilities and improvements; WHEREAS, by this Agreement, MDC and the City intend to accomplish the following, in a manner consistent with their respective legal and fiduciary responsibilities: to enhance the parties' ability to plan for and accommodate long-term operational and maintenance needs through early consultation between the City and MDC; to establish a consistent process for each party's initiation of projects and consideration of requests; and to provide the general conditions for City's acceptance of completed projects affecting City's property, operations, and maintenance; WHEREAS, the Parties intend to utilize this Agreement as a master agreement establishing a general framework for approaching collaborative improvement projects undertaken by either Party or both Parties, and further intend to establish specific roles and responsibilities in separate agreements customized for each project ("Project Agreement"); NOW, THEREFORE, for and in consideration of the covenants, agreements and conditions hereinafter set forth, the parties mutually agree as follows: I. MDC's OBLIGATIONS A. Prior to installing, constructing, or seeking bids, proposals, or grants for any capital improvement, fixture, facility sign, artwork, landscaping, or vegetation ("Improvement") toward which MDC expects City to assume ownership, or operation and maintenance responsibilities for such Improvements, MDC agrees to consult with City, in the manner described herein and in the applicable Project Agreement, at the Concept, Design, Construction, and Close-out phases of such Improvement, as a condition precedent to City's contribution of funding, assumption of ownership, or operation and maintenance responsibility for such Improvements. B. MDC shall provide City the name, e-mail address, and telephone number of specific MDC personnel (hereinafter "MDC Contact") who shall serve as the primary contact between MDC and City for all day-to-day matters regarding consultation at the Concept, Design, Construction, and Close-out phases of all Improvements. MASTER IMPROVEMENT AGREEMENT BETWEEN MDC AND CITY PAGE I known or potential applicable standards and concerns applicable to the concept as proposed. The parties shall also discuss a tentative plan for their respective roles and responsibilities with regard to designing, constructing, installing, funding, maintaining, and owning the Improvement. 3. The parties shall each convey the concept to their respective governing boards. 4. Within thirty (30) days of receipt of the written Notification of Concept, City Contact shall respond by e-mail message to MDC Contact, in which message City Contact shall: a. Advise whether City requires additional information in order to comment on the concept; b. Identify circumstances in and options by which Improvements can be designed, constructed, installed, funded, maintained, and owned in a manner feasible and compatible with City's interests and long-term operational and maintenance capabilities; and c. Identify circumstances or factors which could, if not resolved prior to Close-out, preclude, limit or otherwise diminish the potential for City's ultimate acceptance of ownership or perpetual operation and maintenance responsibility for Improvements. B. Project Agreement. Upon completion of the Concept Phase, preliminary agreement by the parties' respective staff and governing boards that the Improvement is generally feasible as proposed, and prior to initiation of the design phase: 1. The parties shall, each at their own respective expense, negotiate and execute a Project Agreement that shall include: a. A general description of the proposed Improvement(s), including location, and purpose; b. The proposed timeline for construction or installation; c. A location map; d. The parties' respective roles and responsibilities with regard to design, construction, installation, funding, maintenance, and ownership of the Improvement; e. Terms, conditions, and timeline of design, construction, installation, funding, maintenance, and ownership of the Improvement; f. Incorporation by reference all covenants, conditions, and agreements of this Master Improvement Agreement; and g. Any special conditions applicable to the particular proposed Improvement. 2. MDC shall execute duplicate originals of the Project Agreement and deliver them to City for consideration and approval by City Council. Each party's approval of the Project Agreement shall not be unreasonably withheld, consistent with its respective legal and fiduciary responsibilities. C. Design. Following execution of the Project Agreement and prior to the proposed first day of construction, the parties shall complete the following, in addition to any obligations enumerated in the Project Agreement: MASTER IMPROVEMENT AGREEMENT BETWEEN MDC AND CITY PAGE 3 thereof, does not conform to the approved plans or the Project Agreement, notice of specific non -conformity and request for MDC to address the specified non -conformity shall be given to MDC Contact in writing as soon as practicable. MDC shall have fourteen (14) days to address and correct any non -conformity. Cure of any specified non- conformity within this time period shall be a condition of Final Acceptance of the Improvement for purposes of maintenance, and/or ownership. E. Close-out. Following completion of the Construction Phase, MDC may proceed to the Close-out Phase. The parties' interactions in the Close -Out Phase, in addition to those enumerated in the Project Agreement, shall include: 1. Final Completion, which shall be defined as completed construction and installation of the Improvement and MDC's submission of copies of full releases and waivers of lien or proof of an acceptable bonding from any and all subcontractors and/or major suppliers involved with the construction to City Contact. 2. Following Final Completion and submission of all releases, waivers, and other documents as provided herein and in the Project Agreement, City shall execute Final Acceptance of the Improvement, which shall be defined as adoption of a resolution indicating Meridian City Council's acceptance of the delivery of the Improvement as constructed and installed. IV. GENERAL PROVISIONS. A. Notice. Communication between City Contact and MDC Contact shall occur via e-mail or telephone. All other notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when personally served, or mailed in the United States mail, addressed as follows: City: MDC: City of Meridian Meridian Development Corporation City Attorney Ashley Squyres, Administrator 33 E. Broadway Avenue 33 E. Broadway Avenue Meridian, Idaho 83642 Meridian, Idaho 83642 B. Assignment. Neither party shall assign or sublet all or any portion of its respective interest in this Agreement or any privilege or right hereunder, either voluntarily or involuntarily, without the prior written consent of the other party. This Agreement and each and all of the terms and conditions hereof shall apply to and are binding upon the respective organizations, legal representative, successors, and assigns of the parties. C. No agency. For purposes of or in furtherance of this Agreement, neither party nor its respective employees, agents, contractors, officials, officers, servants, guests, and/or invitees shall be considered agents of the other in any manner or for any purpose whatsoever. D. Hold harmless. For purposes of or in furtherance of this Agreement, each party and each of its employees, agents, contractors, officials, officers, servants, guests, and/or invitees, shall MASTER IMPROVEMENT AGREEMENT BETWEEN MDC AND CITY PAGE 5 after the governing body of either party becomes entitled to the benefit thereof, notwithstanding delay in enforcement. K. Approval required. This Agreement shall not become effective or binding until approved by the respective governing bodies of both City and MDC. The parties signatory hereto represent and warrant that each is duly authorized to bind, respectively, City and MDC to this Agreement in all respects. L. Entire Agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers to be effective as of the day and year first above written. Jim Escoba , Chairman a e finder, Secretary CITY OF MERIDIAN: BY: -----C-� Attest: l W Of ) d y`ed City Clerk MASTER IMPROVEMENT AGREEMENT BETWEEN MDC AND CITY PAGE 7 DATE: October 7, 2014 ITEM NUMBER:5H PROJECTNUMBER: ITEM TITLE. AWARD OF AGREEMENT RENEWAL Award of Agreement Renewal for "UTILITY BILLING CUSTOMER SERVICES" to Billing Document Specialists for the Not -To -Exceed Approved Budget Amount of $240,000.00. MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS To: Jaycee Holman, City Clerk From: Keith Watts, Purchasing Manager : Jacy Jones, Karie Glenn Date: 9-25-2014 Re: October 7th City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the October 7t" City Council Consent Agenda for Council's consideration. Award of Agreement Renewal for "UTILITY BILLING CUSTOMER SERVICES" to Billing Document Specialists for the Not -To -Exceed approved budget amount of $240,000.00. This is the eighth renewal of the original agreement approved by Council August 15, 2006. Recommended Council Action: Approval of Agreement Renewal on a unit price basis for the Not -To -Exceed budget amount of $240,000.00, Thank you for your consideration. Page 1 CUSTOMER SERVICE AGREEMENT RENEWAL with City of Meridian THIS AGREEMENT is made by and between BILLING DOCUMENT SPECIALISTS, hereafter referred to as BDS, located at 915 Main Street, Suite 300, Caldwell, Idaho 83605, a corporation organized under the laws of the State of Idaho and City of Meridian, hereafter referred to as CLIENT. This agreement shall be subject to the following outlined, terms and conditions: Summary of Services: a) an M a. w b0 cz a. Inbound Set up with Credit Card Payments N/C N/C IVR Automated phone payments BDS will program a dedicated phone number for Client's customers to call Inbound ( VPS) to check balances, leave messages and or make credit card payments. This Per call for balances and messaging is a touch and voice activated system. Import files and posting of payment without payment transactions $0.25 $0.25 to the Admin Web Site details by customer search and reporting the same as all other payment services. Per call payment transaction $1.50 $1.50 Some Client are passing on the per transaction fee to the customers, BDS advised the user that the fee will apply and totals the amount due. The fees are separated from the payments in the import file so that only the amount due is post to the account. LOCKBOX SERVICES: BDS agrees that there are no changes in the lockbox services from the previously dated contracts for the period of this agreement. This agreement is subject to the terms and conditions of the original agreement dated 10/01/2006. By signing below the Client will accept the extension of the services as detailed for the next fiscal year October 1, 2014 to September 30, 2015 at the unit pricing proposed in this notice. At the end of this period, the agreement may be renewed with reviews by both parties. The agreement may be terminated by either party with 120 day written notice. The signatures below indicate acceptance of the agreement. Acceptance for: City of Meridian Signature Date k Q ✓1 Please Type or Print Authorizing Party Name q:L)lA-nt 0 n Cuuoy,-C-i I Acceptance for: Billing Document Specialists Signature Date: 09/17/2013 DATE: October 7, 2014 ITEM N 51 PROJECTNUMBER: ITEM TITLE: RECREATIONAL PATHWAY EASEMENT Recreational Pathway Easement Between CBC Freddy's Meridian 1, LLC and the City of Meridian MEETING NOTES P 49 G Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich 2014-082253 BOISE IDAHO Pgs=6 GAIL GARRETT 10/08/2014 12:51 PM MERIDIAN CITY NO FEE 1111111111111111111111111111111111111111111111111111 00028946201400822530060062 RECREATIONAL PATHWAY EASEMENT ii1 THIS AGREEMENT, made and entered into this i1 day of OC , 2014, between CBC Freddy's Meridian 1, LLC, hereinafter referred to as "Grantor", and the City of Meridian, an Idaho municipal corporation, hereinafter referred to as "Grantee"; WITNESSETH: WHEREAS, Grantor is the owner of real property on portions of which the City of Meridian desires to establish a public pathway; and WHEREAS, the Grantor desires to grant an easement to establish a public pathway and provide connectivity to present and future portions of the pathway; and WHEREAS, Grantor shall construct the pathway improvements upon the easement described herein; and NOW, THEREFORE, the parties agree as follows: THE GRANTOR does hereby grant unto the Grantee an easement on the following property, described on Exhibit "A" and depicted on Exhibit `B" attached hereto and incorporated herein. THE EASEMENT hereby granted is for the purpose of providing a public recreational pathway easement for multiple -use non -motorized recreation, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, said easement unto said Grantee, its successors and assigns forever. THE GRANTOR hereby covenants and agrees that it 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. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the Grantor shall repair and maintain the pathway improvements. Recreational Pathway Easement THE GRANTOR hereby covenants and agrees with the Grantee that should any part of the easement hereby granted become part of, or lie within the boundaries of any public street, then, to such extent such 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 GRANTOR does hereby covenant with the Grantee that it is lawfully seized and possessed of the aforementioned and described tract of land, and that it has a good and lawful right to convey said easement, and that it will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said Grantor has hereunto subscribed its signature the day and year first hereinabove written. GRANTOR: BY: am ('e"t /, Its: �z 0L- t STATE OF4DAHO ) ) ss County of AdT) On this day of'' , 2014, before me, the undersigned, a Notary Public in and for said State, personally appeared ^' , known or identified to me to be the M m h that executed the within instrument, and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. NOTARY PUBL C FOR R)AHCY f SS X p Residing at: Commission Expires: "qgY P(j��,, KRISTI STUEDLE .�o • GCommissionE a'NOTARNovamber Tres 4, 2 9. SEAL.��: Clay County Coy NWon 013473833 Recreational Pathway Easement GRANTEE: CITY OF MERIDIAN C--GtaAL( -Lot,,tL-t-c , ,L,^ / Holman, City Approved By City Council On: ,OR STATE OF IDAHO ) ss. County of Ada ) On this '7j,-'- day of V C +'' 6c -r , 2014, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and JAYCEE HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL RPcrPntinnnl PAlumvFncemant kj( NOTARY PU�LIC FOR IDA O Residing at: Commission Expires: October 2, 2014 Project No. 114006 Freddy's Frozen Custard Pathway Easement Description 2,855 Sq. Ft. [rii, 1 A1:u t, RM P. iy(. Exhibit "A" Page 1 of 1 A tract of land situated in a portion of Lot 1, Block 1 of Olson and Bush Industrial Park Subdivision, located in the Southeast One Quarter of section 8, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, being the westerly 20 feet of the easterly 30 feet of a parcel of land described as New Parcel No. 1, as shown on Record of Survey No. 9630, recorded as instrument number 114006632, records of Ada County, Idaho, described as follows: Commencing at the Southeast Corner of said Section 8, thence following the easterly line of the said Southeast One Quarter of Section 8, North 1°29'29" East a distance of 1,097.82 feet; Thence leaving said easterly line, North 88°28'19" West a distance of 70.00 feet to the Northeast Corner of said New Parcel No. 1, as shown on Record of Survey No. 9630; Thence following the northerly line of said New Parcel No. 1, North 8828'19" West a distance of 10.00 feet to the POINT OF BEGINNING. Thence leaving said northerly line, South 1°29'29" West a distance of 142.75 feet to a point on the southerly line of said New Parcel No. 1; Thence following said southerly line, North 8828'19" West a distance of 20.00 feet; Thence leaving said southerly line, North 1°29'29" East a distance of 142.75 feet to the said northerly line of New Parcel No. 1; Thence following said northerly line, South 88°28'19" East a distance of 20.00 feet to the POINT OF BEGINNING. The above-described tract of land contains 2,855 square feet, more or less, subject to all existing easements and rights-of-way. Prepared By: THE LAND GROUP, INC. �L LANA 462 E. SHORE DRIVE, SUITE 100 gtio� NSE `S�� EAGLE, IDAHO 83616 14216 I1 T � OF ��P�� aEL 14. X0.2-ZCIA/ «y r i,.J,,, i a1�v _ �=d � t �..,.. L . „ ,, '.� J1} �. �•�_�7 � J ' (;� 7,i1. ,,,_%i h ,'ji C'::,C , 5�rt - __ ���., ��, ,il, i �3 =i :resp www.thelandaroupinc.com s E$ �$q ROS 9630 New Parcel No. 2 S88°28'19"E 20,00' N88°28'19"W 20.00' 8 9 W 1/4 CORNER SEC.8 N88028'19"W cv `\i i 10.00' I N88028'1 9V - __—�- 70.00' -----� 1 r2 70 16 co N 20' PATHWAY EASEMENT o N 2,855 SQ. FT.:L i o I CZI I I I I I L I I . I I � I I I I I I � I 70' I I I � I �p,L LAIyD \GEN 14216 8 I 9 q�E OF \aP� 17 16 RL 11. SE CORNER /0 2' zc>lq SEC.8 Dn tlI- IGIM14 o ,�,,d Vf s n Snm Na fil 0 r b, r I 0 O � o_ C y 2000. Title: Date: 10-02-2014 Scale: 1 inch = 30 feet File: Tract 1: 0.066 Acres: 2855 Sq Feet: Closure = n00.0000e 0.00 Feet: Precision > 1/999999: Perimeter 326 Feet 001=s 1.2929w 142.75 003=n I.2929e 142.75 002=08.2819w 20.00 004=s88.2819e 20.00 DATE: October 7, 2014 ITEM NUMBER:5J PROJECTNUMBER: ITEM TITLE: APPROVAL OF TASK ORDER 10044.a Approval of Task Order 10044.a to CH2M Hill Engineers for the "WASTEWATER TREATMENT PLAN (WWTP) HEADWORKS CAPACITY EVALUATION AND EXPANSION ALTERNATIVES ANALYSIS" Project for a Not -To -Exceed Amount of $59,541.00 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager : Jacy Jones, Emily Skoro Date: 10/2/2014 Re: October 7th City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the October 7`h City Council Consent Agenda for Council's consideration. Approval of Task Order 10044.a to CH2M Hill Engineers for the VWTP HEADWORKS CAPACITY EVALUATION AND EXPANSION ALTERNATIVES ANALYSIS" proiect for a Not -To -Exceed amount of $59,541.00. Recommended Council Action: Award of Task Order 10044.a to CH2M Hill Engineers for the Not -To -Exceed amount of $59,541.00. Thank you for your consideration. Page 1 TASK ORDER NO. 10044.a Under the MASTER AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN • - • ,'Iya-wKiT,- This Task Order is made this 7th day of October, 2014 and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "City", and accepted by CH2M HILL ENGINEERS, INC, hereinafter referred to as "Engineer" pursuant to the mutual promises, covenant and conditions contained in the Master Agreement (Category 2A) between the above mentioned parties dated October 1, 2014. The Project Name for this Task Order 10044.a is as follows: CITY OF WASTEWATER TREATMENT ■LANT — HEADWORKS CAPACITYEVALUATION AND EXPANSION PROJECT UNDERSTANDING As part of the ongoing efforts to expand capacity at the City's Wastewater Treatment Plant, a review of the ultimate capacity and future improvement needs for the headworks is required. This task order provides an evaluation of existing capacity, future influent flow conditions, and establishes a preferred alternative for improvements to the WWTP's headworks facility, including pumping, screening, and grit removal. As part of this project, enclosure of the resulting headworks will be considered to allow for odorous air conveyance and odor control technologies. The complexity of a given enclosure may affect the selection of headworks equipment. SCOPE OF SERVICES Quality Assurance/Quality Control (QA/QC) As part of the execution of this task order, an internal QA/QC review of the deliverables will be performed by senior reviewers in the disciplines represented on the Project. Comments will be documented and categorized into major, minor, and preferential comments. Comments will be responded to by design team members and adjudicated prior to each deliverable being submitted to the City. The internal QA/QC will be performed as part of the effort for each of the tasks identified below. The QA/QC process will be defined by CH2M HILL in a Quality Management Plan (QMP) that will include the following major components: • Definition of Key Project Team members and their roles on the Project Task Order 10044.a Wastewater Treatment Plant — Headworks Capacity Evaluation And Expansion Alternatives Analysis Page 1 of 6 CH2M HILL ENGINEERS, INC • Definition of the Project core technologies • Identification of the Project Quality Manager and Senior Technical Consultant (STC) • The CH2M HILL staff member responsible for quality control for each discipline used in the design • The milestone dates for each discipline review • • 3=,•-M The purpose of this task is to manage, coordinate and lead CH2M HILL Team's activities and perform administration of the project design services and project quality reviews. CH2M HILL will provide the resources necessary for project initiation and management throughout the project, including the following subtasks: Subtask 1.1 Prepare Project Execution Plan The Project Execution Plan (PXP) will be used to guide the direction of the Project Team and will include descriptions of the roles and responsibilities of team members, communications plan, cost and schedule control procedures, quality management plan, document control, change management and other project management requirements. Subtask 1.2 Contract Administration This task includes activities associated with administration of the contract and coordination with the City. It will include the following: • Scoping, contract review/execution, and project accounting setup. • Supervise and manage CH2M HILL project staff for execution of work tasks. • Project documentation and coordination. • Monitor project progress, including work completed, work remaining, budget expended, schedule, estimated cost of work remaining, and estimated cost at completion. • Coordinate with and provide periodic updates to the City's Project Manager (assumed at meetings identified below as well as workshops). • Monitor project activities for potential changes, anticipate changes when possible, and with City's approval, modify project tasks, budgets, and approach. • Prepare and submit monthly billing with a brief description of the work completed during that billing cycle. • Manage the quality control review of all work activities and project deliverables. Identify senior technical staff for the various technical disciplines and oversee the adherence to the plan during the execution of the work tasks. Subtask 1.3 Periodic Task Order Coordination Meetings Bi -weekly telephone meetings will be held between the City PM and Engineer PM for general task order status updates and coordination. Task Order 10044.a Wastewater Treatment Plant — Headworks Capacity Evaluation And Expansion Alternatives Analysis Page 2 of 6 CH21V1 HILL ENGINEERS, INC Assumptions (Task 1): The projected task schedule is provided in a subsequent section of this scope of work. Budget status monitoring, project management, project controls, schedule status monitoring, and project invoicing are monthly activities for the duration of the project. Deliverables (Task 1) ® Periodic written project design schedule updates to keep the City's Project Manager informed as to the changes to the initial schedule outlined in this Scope. ® Monthly project invoice statements with a brief description of the work performed. Subtask 2.1— Project Planning and Kickoff Workshop A project kickoff meeting will be scheduled after a notice to proceed has been issued and the initial Project Work Plan has been prepared. The purpose of the meeting will be to meet with City staff to refine goals and objectives, define the project purpose and need, and to clarify approach, schedule, deliverables and responsibilities of the City and Engineer. As part of the workshop, Engineer will conduct a site visit of the existing headworks facility. Engineer and City shall develop the priority criteria for evaluation and ranking of the alternatives to be performed as part of Task 3. In advance of the meeting, the City will provide Engineer with digital files (PDF/CAD) of current existing facility record drawings, equipment technical data sheets, and topographical/as-built survey data. A key objective of the meeting will be to "short-list" technologies that will be considered for evaluation (pumping, screening, grit removal, and odor control). This pre -selection of alternatives will be driven by existing site conditions, available technologies, effectiveness of complementary approaches, and operations impacts. Assumptions: Kickoff workshop and site visit will last approximately three hours and will be conducted at the City WWTP. Schedule to be determined following NTP. Engineer will reasonably rely upon the timeliness, accuracy, and completeness of the information provided by the City. Deliverables: Project kickoff workshop notes. Subtask 2.2 — Develop Influent Sewer Flow Criteria City will provide Engineer with Plant flow data for the most recent three years. Data shall be discrete enough to indicate diurnal flow patterns and shall be an integral part of determining design flows for the upgraded headworks facility. Engineer will utilize the existing Wastewater Facility Plan (July 2012) and the recent historical influent flow data to develop design flow criteria for the headworks design. The design flows will be based on the 2030 projected flow as per the Facility Plan adjusted for the diurnal cycle indicated by the influent flows. Engineer shall prepare a brief technical memorandum summarizing the flow analyses and presenting the proposed design criteria. Task Order 10044.a Wastewater Treatment Plant — Headworks Capacity Evaluation And Expansion Alternatives Analysis Page 3 of 6 CH21VI HILL ENGINEERS, INC Assumptions: City will provide consolidated written review comments to the draft technical memorandum. The final technical memorandum will be revised per City comments and will serve as the basis for subsequent tasks. Deliverables: Draft and final technical memorandum documenting the design criteria. Task 3 ® Review of Expansion Alternatives The purpose of this task is to consider the limited list of alternatives identified under Task 2.1 for further development, leading to selection of a preferred alternative for future design development. Subtask 3.1— Evaluation of Existing Headworks Under this task, Engineer will evaluate the operational and hydraulic capacities of the collective headworks processes (pumping, screening, and grit removal). As a result of this work, hydraulic and operational limitations of the existing structures/equipment will be defined, as well as the practical limits for expansion of those facilities. Subtask 3.2 — Technology Alternatives Evaluation Engineer shall prepare the Alternatives Evaluation Report. The report shall include the following: Review of available technologies relevant to the upgrade or replacement of headworks structures/equipment. This review shall include: o New headworks facilities (influent pumping, screening and/or grit removal) o Replacement or supplementation of existing Archimedes screw pumps with submersible pumps o Screening alternatives for both in place upgrade and placement in a new screening structure o Grit removal alternatives utilizing existing and new structures o Odor retention/control expansion (assumes expansion of existing biotower facility) o Influent flow monitoring ® Evaluation of alternatives identified as part of Task 2.1 to include: o Development of complementary alternative combinations o Preliminary site layout o Constructability o Operability o Construction cost estimates o Weighting criteria developed in Task 2.1 • Ranking of alternatives and selection of preferred alternative Engineer and City shall develop the priority criteria during the Task 2.1 workshop. Engineer shall rank the alternatives according to these agreed-upon criteria and make a recommendation as to the preferred alternative. Assumptions: The cost estimates developed for each of the alternatives will be for comparative purposes and not necessarily reflective of the actual construction cost. The costs may be presented as a relative cost to one another with the least cost alternative being assigned a value of "Y' Any cost opinions or project economic evaluations provided by Engineer will be on a basis of Task Order 10044.a Wastewater Treatment Plant — Headworks Capacity Evaluation And Expansion Alternatives Analysis Page 4 of 6 CH2M HILL ENGINEERS, INC experience and judgment, but, since Engineer has no control over market conditions or bidding procedures, Engineer cannot warrant that bids, ultimate construction cost, or project economics will not vary from these opinions. Deliverables: Draft and final technical memorandum describing/discussing the alternatives and making a recommendation as to the preferred alternative. Subtask 3.3 — Preferred Alternative Workshop Following review of the draft technical memorandum by the City, Engineer and City staff shall meet for a Project Definition Workshop to discuss the findings of the Technology Alternatives Evaluation. The intent of the meeting is to reach agreement on the preferred alternative in advance of Project Definition for the ultimate design of the upgrade/replacement project. Deliverables: Summary of workshop including agreed upon preferred alternative and design criteria. The estimated expenses are based on the following: o Task 2 Travel ® Airline: 2 persons for 1 round-trip flight each at $400 / flight ® Mileage: 1 round-trip at $90 / trip ® Parking: 2 person for 2 days each of airport parking at $15 / day ® Rental Car: 1 car for 2 days at $65 / day ® Lodging: 2 persons for 1 night each at per diem rate ■ Meals: 2 persons for 2 days at per diem rate o Task 3 Travel ® Airline: 1 person for 1 round-trip flight at $400 / flight ® Mileage: none ® Parking: 1 person for 2 days of airport parking at $15 / day ® Rental Car: 1 car for 2 days at $65 / day ® Lodging: 1 person for 1 night at per diem rate ■ Meals: 1 person for 2 days at per diem rate ® Receipts are required for airlines, parking, rental car, and lodging. Mileage reimbursement requires an accounting of miles traveled. Receipts are not required for meals. UIAUVI 1=1111140 The following schedule is based on a Notice to Proceed (NTP) from the City by October 2014 and resulting in Final Design being completed by January 2015. A NTP issued on a different date will change the schedule accordingly. Task Order 10044.a Wastewater Treatment Plant — Headworks Capacity Evaluation And Expansion Alternatives Analysis Page 5 of 6 CH2M HILL ENGINEERS, INC Project Management Uovalujimmilt 3 Review of Expansion Alternatives Expenses (Tasks 2 and 3) NSCHEDULE ;I —Compensation January 201 Decembe The Not -To -Exceed amount to complete all services listed above for this Task Order No. 10044 is fifty nine thousand five hundred forty-one dollars ($59,541 No compensation will be pa over the Not -to -Exceed amount without prior written approval by the City in the form of a Chan I Order. The hourly rates for services and direct expenses shall be billed per the approved Ra I] Schedule and Master Agreement (by this reference made a part hereof) and will be the basis f any additions and/or deletions in services rendered. Travel and meals are excluded from this Ta Order unless explicitly listed in the Scope of Services AND Payment Schedule. CITY OF MERIDIAN CH 2M HILL EN INC BY: BY. :;Z77: Dated: Approved by Council: D L H LMAN, CITY CLERK L I T V, Purchasing Approval a ent App ByBY: KEIT.- TTS"Purchasing Manager WARREN STEWAR T, Engineering Manager City Project Manager Dated; Emil Skoro —4— Task Order 10044.a Wastewater Treatment Plant — Headworks Capacity Evaluation And Expansion Alternatives Analysis Page 6 of 6 CH21VI HILL ENGINEERS, INC DATE: October 7, 2014 ITEM NUMBER:5K PROJECTNUMBER: ITEM TITLE: APPROVAL OF CONTRACT AMENDMENT Approval of Contract Amendment to Extend the Contract for "Poly -Aluminum Chloride" to Kemira Water Solutions in the Not -To -Exceed Amount of $70,000.00 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: &MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: Jacy Jones, Tracy Crane Date: 9-25-2014 Re: October 7`" City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the October 7`" City Council Consent Agenda for Council's consideration. Approval of Contract Amendment to extend the contract for "Poly -Aluminum Chloride" to Kemira Water Solutions in the Not -To -Exceed amount of $70,000.00. Recommended Council Action: Approval of Contract Amendment to Kemira Water Solutions for the Not -To -Exceed amount of $70,000.00. Thank you for your consideration. Page 1 14 TDIANI ire 1`TV I IAN CONTRACT AMENDMENT No 4 KEMIRA WATER SOLUTIONS POLY -ALUMINUM CHLORIDE SOLUTION CONTRACTOR NAME: DEPARTMENT NAME: Kemira Water Solutions WASTEWATER ADDRESS: ADDRESS: 3211 Clinton Parkway Court 3401 N Ten Mile Rd Lawrence, KS 66047 Meridian, ID 83642 CURRENT CONTRACT INFORMATION: Contract name & Project No. Poly -Aluminum Chloride Solution —WW -12-10317 Amendment Date: 10-1-2013 Previous Amendments: 3 Current Contract Dates: START: 10.1.2013 COMPLETION: 9-30-2014 Current Contract Amount Inclusive of Previous Amendments to Date): $161,503.92 AMENDMENT OPTIONS AMENDMENT TO EXERCISE OPTION TO RENEW (Check all that Apply) Amendment to Contract Performance X Amendment to Contract Dates X Amendment to Contract Amount _ Other: (Explain) DESCRIPTION OF REASON FOR AMENDMENT: (Attach ail relevant documentation detailing amendment): The City of Meridian is opting to extend this contract for an additional one year. This is the third and final year to extend the contract. Kemira will guarantee product pricing at 0.258/lb for an additional 12 months. Orders will be laced in 48,000 lb truckload increments. See attached email. NEW CONTRACT INFORMATION: Amendment Date: 10-7-2014 New Contract Dates: START: 10-1-2014 COMPLETION: 09-30.2015 Amount of Amendment Change: $70.000.00 Current Contract Amount (Inclusive of Previous Amendments to Date): $210,503.92 ALL OTHER TERMS AND CONDITIONS OF THE ORIGINAL CONTRACT AND PREVIOUS AMENDMENTS REMAIN UNCHANGED AND IN FULL FORCE AND EFFECT. CITY OF MERIDIAN Cl�-L2 Uwr�t t C, Dated; I o -7 1 Council Approval Date: I / D A '_•� „ ;1 0 J, W City Of CEE H AN, �nf il, TAGS '- KEMI AT R SOLD IONS, INC BY: /1 Dated: Approved by City as to Content BY: KEITH, ATT , 101-1136HASK6 AGENT From: Hiatt Shelly (mailto:Shelly.Hiattokemira.comj Sent: Monday, September 22, 2014 9:37 ANI To, Tracy Crane Subject: RE: City of Meridian PAX 14 Contract Amendment No 4 I-fil'x'acy' Kenaira �t'ffl extf.,rld foranother %-eav "Vith no increat'fe' I Y'�'x I 71"I"I'l e42 2 October 7, 2014 ITEM NUMBER: 5L PROJECT NUMBER: ITEM TITLE: APPROVAL OF CHANGE ORDER 1 TO TASK ORDER 10055 Approval of Change Order 1 to Task Order 10055 for "WASTEWATER TREATMENT PLAN (WWTP) UV DISINFECTION SYSTEM EXPANSION - PHASE 2" to CH2M Hill Engineering in the Not -To -Exceed Amount of $222,117.00. MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager : Jacy Jones, Clint Dolsby, Emily Skoro Date: 10/2/2014 : October 7t' City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the October 7t' City Council Consent Agenda for Council's consideration. Approval of Change Order 1 to Task Order 10055 for "WWTP UV DISINFECTION SYSTEM EXPANSION — PHASE 2" to CH2M Hill Engineering in the Not -To -Exceed amount of $222,117.00. Recommended Council Action: Approval of Change Order 1 to Task Order 10055 to CH2M Hill Engineering for the Not -To -Exceed amount of $222,117.00. The original task order was a planned two phase project with Phase 1 being completed in FY2014 and Phase 2 to be completed in FY2015. This change order is for Phase 2 of the design project. New Task Order total is $413,688.00. Thank you for your consideration. Page 1 CHANGE ORDER NO. 1 CITY OF MERIDIAN PROJECT N0. 10055 33 EAST BROADWAY DATE: 09/25/14 MERIDIAN, ID 83642 EFFECTIVE DATE: 10/8/14 TASK ORDER CHANGE ENGINEER/CONSULTANT: CH2M Hill Engineering, Inc. PROJECT: WWTP UV Disinfection System Expansion The Engineer/Consultant is hereby directed to make the following changes from the Task Order Documents. Description: This change order covers phase 2 of this project. Phase 2 will develop design drawings from 30% drawings to bid -ready documents. Reason for change Order: Phase 1 of this project only covered a project definition, alternatives analysis, and 30% design documents. A complete set of plans need to be developed. Attachments: Change Order Documentation (9 pages) CHANGE IN TASK ORDER PRICE: CHANGE IN TASK ORDER TIMES: Original Task Order Price $191,571.00 Original Task Order Times: Net changes form previous Change Orders Net changes form previous Change Orders No -0_ to _i_ No._ to _ (calendar days) $0.00 Task Order Price Prior to this Change Order: Task Order Times prior to this Change Order: (calendar days) $191,571.00 Net Increase (decrease) of this Change Order: Net Increase (decrease) of this Change Order: (calendar days) $222,117.00 Task Order Price with all Approved Change Orders: Task Order Times with all Approved Change Orders: (calendar days) $413,666.00 RECOMMEND : (PROJECT NAGER) ACCEPTED(C RlSUL N CH2M HILL ENGINEERING) 441, By; By: Date: Date: APPROVED: (CITYPI CHAS NG AG Ix COUNCIL APPROVAL By: Keith Watts Date: t b r' I f Date: APPROVED: (CITY) ATTEST: B M e -Wee ekfL �R Z0,Ui?d �, By: ay � <i B y: Ci -GI clayc Holman Date: 1©� n 1 �d �,n. �' cQ t� Date: c� r Change Order No 1 to Task Order 10055 Page 1 of 9 Wastewater Treatment Plant UV Disinfection System Expansion Lei■T\ Lei 00 Sol IMai \• TO TASK ORDER NO. 10055 CITY OF MERIDIAN (OWNER) AND CH2M HILL ENGINEERS, INC. (ENGINEER) WASTEWATER TREATMENT PLANT - UV DISINFECTION SYSTEM ■ ANSION ENGINEER is currently engaged in the execution of Task Order 10055 in support of the Wastewater Treatment Plant UV Disinfection System Expansion project. ENGINEER is following a traditional step -wise, phased approach to performing the work associated with design of the UV system. The project design approach consists of: • Project Definition and Alternatives Evaluation — identify target capacity and redundancy goals, develop alternatives, assist City with selecting preferred alternative to advance to design • Preliminary Engineering and Design (30 Percent Design) • Equipment Procurement — assist City with procurement of UV disinfection equipment upon which to base facility design details • Design Development Documents (75 Percent Design) • Bid -Ready Documents (100 Percent Design) • Bid Period Services — assist City with bid process for selecting a general construction contractor The project is being delivered in two phases to align task order budget with City fiscal year budgets. Per the list above, Phase 1 carries the project through the Equipment Procurement task and Phase 2 will advance the project through Bid Period Services. The initial Task Order 10055 is considered Phase 1 and this Change Order No. 1 constitutes Phase 2. The tasks associated with this Change Order No. 1 are more fully described in the Scope of Work section below: Task 1 — Project Management (Additional) Additional project management will be provided by ENGINEER to manage, coordinate and lead ENGINEER Team's activities and perform administration of the project design services and project quality reviews. ENGINEER will provide the resources necessary for project management throughout this phase of the project as described in the initial Task Order 10055. Change Order No 1 to Task Order 10055 Page 2 of 9 Wastewater Treatment Plant UV Disinfection System Expansion Deliverables • Periodic written project design schedule updates to keep the City's Project Manager informed as to the changes to the initial schedule outlined in this Scope. • Monthly project invoice statements with a brief description of the work performed. Meetings (Unique to those identified below) • Bi -weekly telephone meeting conducted between City Project Manager and ENGINEER Project Manager to discuss project status, review actions/issues pending, and other project coordination. Task 6 — Design Development Documents (75 Percent Design) — Phase 2 Task The purpose of this task is to utilize the decisions of the project that were made in the Preliminary Design Phase (30 Percent Design) and the results from the UV equipment pre -purchase effort to complete and finalize the preliminary calculations of the previous phase, and develop the project design to achieve a true "design freeze" at the conclusion of this phase. The completion of this design phase will constitute the final design and allow the City perform a final review of the contract documents. Structures, equipment, major plant piping, process, and site plans will all be finalized during this phase to allow final detailing of the same in the next phase of design. The majority of the quality control review and approval will occur prior to the finalization of the work products from design development phase. Specific activities and work products from this phase are described in the following subtasks: Subtask 6.1: Civil and Site Development • Finalize horizontal locations of major site elements. • Finalize floor, structure, and finish grade elevations. • Define demolition requirements and limits. • Define contractor staging, storage, and on -/off- site access corridors. • Prepare preliminary site grading drawings. • Identify limits and extents of site restoration. • Develop preliminary yard piping and plant drain layouts. • Show stormwater control concepts on the drawings. • Finalize paving and site roadway concepts. • Prepare first draft of technical specifications. Subtask 6.2: Architectural • Develop 3-D models and building floor plans and elevations. • Coordinate with I&C and electrical disciplines to size and locate electrical and control rooms. • Coordinate with the mechanical discipline to select the type of HVAC equipment, locate HVAC equipment rooms, determine space requirements and routing for ductwork if required, and finalize design R -values for all exterior walls. • Coordinate with structural engineer to finalize the structural design concepts for the facilities. Change Order No 1 to Task Order 10055 Page 3 of 9 Wastewater Treatment Plant UV Disinfection System Expansion • Establish applicable codes for all buildings/structures with local code officials and fire marshal. Complete building and fire code analysis. Meet with local code official to review floor plans. • Prepare first draft of technical specifications. Subtask 6.3: Structural • Coordinate with geotechnical engineer to establish foundation design criteria for proposed facilities. Review geotechnical report and discuss foundation design approach with geotechnical engineer. • Document structural design concept for buildings and structures. • Prepare preliminary foundation, floor, and roof framing plans. • Coordinate with corrosion engineer to analyze materials and corrosion control requirements, and to prepare a tech memo to document the corrosion control plan to be implemented during design. • Prepare first draft of technical specifications. Subtask 6.4: Process • Coordinate with UV equipment vendor. • Final major equipment -sizing calculations. • Finalize treatment plant gravity hydraulics and establish concepts for flow control and hydraulic structures. • Assemble catalog cuts for process equipment. Complete equipment data sheets or equipment list on major equipment items. • Coordinate with I&C on development of P&IDs. • Coordinate with I&C on development of process control narratives. • Continue developing mechanical layout plans and sections. • Develop design drawings for modifications to existing facilities as required to tie-in the new facilities. • Final ancillary equipment sizing and line sizing calculations. • Finalize ancillary equipment selection (type, size, weight, arrangement). • Select piping materials. • Prepare first draft of technical specifications. Subtask 6.5: Building Mechanical • Determine minimum airflow requirements to meet code. • Prepare sizing calculations for HVAC equipment based on energy code requirements and selected building construction materials. Prepare HVAC equipment data sheets and cut sheets. • Locate major HVAC/Plumbing equipment on building plans. • Prepare HVAC system block diagrams. Define HVAC system control philosophy. • Coordinate with civil engineer for water supply and distribution, as well as plant drain system. • Locate major water/drain/sewer location on the building plans. Change Order No 1 to Task Order 10055 Page 4 of 9 Wastewater Treatment Plant UV Disinfection System Expansion • Prepare first draft of technical specifications. Subtask 6.6: Instrumentation and Control Systems (I&C) • Add equipment/instrument tag numbering, naming, and abbreviation following existing standard conventions used at the treatment plant. • Design control system configuration to the existing standards at the treatment plant with input from the City. • Develop overall control philosophy including local control approach, control system, level of automation, supervisory control based on the City's existing standards. • Coordinate with the process engineer to prepare P&ID drawings including loop numbers and instrumentation. • Coordinate with City for communication and integration of new controls with existing plant SCADA system. • Summarize I&C system design philosophy in a process control narrative. Prepare preliminary Instrument and 1/0 Lists, and SCADA interfaces. Develop preliminary control system block diagram. • Define control interfaces for package systems with local controls. • Coordinate with HVAC engineer regarding control system requirements. • Prepare first draft of technical specifications. Subtask 6.7: Electrical • Determine location of distribution apparatus and confirm necessary modifications to existing equipment. • Prepare preliminary one -line diagrams for proposed facilities. • Prepare detailed electrical load calculations for the facilities. • Develop layout of the major electrical equipment including sizing of electrical room, if needed. Determine equipment requiring uninterruptible power supplies (UPS). Coordinate with I&C discipline to determine space requirements and locations for control equipment. Locate major 1/0 termination panels, TJBs, and control panels. • Define/document requirements and concepts for special systems such as: extensions of existing telephone, data, and fire alarm system. • Identify routing methods for electrical conduit and tray. Lay out duct bank system (major runs/manholes). Coordinate with civil yard piping. Locate manholes and hand holes. • Develop preliminary lighting concepts and prepare preliminary lighting layout. • Define hazardous locations (NFPA 820) and document. • Prepare first draft of technical specifications including performance specifications for interior lighting design by the contractor. Subtask 6.8: 75 Percent Construction Cost and Schedule Estimates • ENGINEER will prepare a Class 2 construction cost estimate. Class 2 accuracy is typically +20 to —15%. Change Order No 1 to Task Order 10055 Page 5 of 9 Wastewater Treatment Plant UV Disinfection System Expansion • ENGINEER will prepare an update to the estimated project design schedule. The general construction milestone activities developed from the 30 percent design task will be adjusted to reflect changes in the design schedule. • These cost and schedule estimates will be submitted to the City for review and discussion following the 75 percent Design Workshop. Deliverables • 75% Design drawings. • Draft technical specifications (including Division 01 sections). • Updated Criteria Summary. • ENGINEER's Class 2 construction cost estimate. • ENGINEER's updated project schedule estimate. Assumptions • The Criteria Summary will be an update to the previously developed summaries of the design and equipment performance criteria by discipline to document the changes from the 30 percent design task. • The 75 percent design drawings and draft technical specifications will be provided to the City as an electronic deliverable (PDF) and 4 sets of hardcopy documents in advance of the 75 Percent Design Workshop. City will review the draft report and provide comments in written form a minimum of 5 working days prior to the Workshop. • The internal ENGINEER QA/QC review of the 75 percent design drawings and draft technical specifications may be performed concurrently with the City review. Comments received internally and by the City will be jointly addressed as part of the preparation of the 100 percent bid documents. Conflicting review comments will be resolved between reviewers by the affected discipline lead(s). • The 75 percent drawings and specifications will not be stamped by a professional engineer. • There will not be substantial changes to the facility layout and/or design approach following the Preliminary Design (30 percent) Workshop with the City. Additionally, the City will provide all review comments prior to or during the Design Development (75 percent) Workshop. Substantial changes to the Preliminary Design and/or review comments received following Design Development Workshop will likely result in an amendment to this task order to capture the additional level of effort required and schedule impacts to incorporate the changes. Task 7 — Deleted (Not Used) Task 8 — Bid Ready Documents (100 Percent Design) — Phase 2 Task The purpose of this task is to develop the final contract drawings and specifications for competitive bidding. ENGINEER will modify the contract documents to incorporate agreed upon 75 percent review comments from the City, applicable regulatory agencies, and ENGINEER's Quality Review Team. This task scope is based on all City review comments being received prior to this phase of work and consists of the following subtasks: Change Order No 1 to Task Order 10055 Page 6 of 9 Wastewater Treatment Plant UV Disinfection System Expansion • Incorporate responses to comments on the 75 percent Final Design Document. • Prepare bid ready construction drawings. • Prepare bid ready technical specifications, including front-end Division 01 documents. Deliverables • Bid Ready (100 Percent) Contract Documents in digital format (PDF) and 5 hard copies will be delivered to the City. • Bid Ready (100 Percent) Contract Documents will be delivered in digital format to DEQ for review and approval. Assumptions • DEQ review of the Bid Ready (100 Percent) Contract Documents will be concurrent with the bid process and ENGINEER will incorporate DEQ comments into an addendum, if necessary. • No permitting tasks other than submittal of final documents to DEQ are included in the final design scope of work. • The bid -ready drawings and specifications will be stamped by a professional engineer Task 9 - Design Workshops ENGINEER will conduct a series of workshops with the City at critical periods during the development of the project design as described below. Subtask 9.1: Project Definition Workshop - Phase 1 Workshop No change Subtask 9.2: Alternatives Evaluation Results Workshop - Phase 1 Workshop No change Subtask 9.3: Preliminary Design (30 Percent) Workshop - Phase 1 Workshop No change Subtask 9.4: Design Development (75 Percent) Workshop - Phase 2 Workshop ENGINEER will assemble the work products from the design development task and submit the 75 percent Design Documents to the City for review and comment. A workshop will be held with the City's personnel to receive and discuss comments and to reach closure on design issues. Additionally, City WWTP operations staff will be relied upon to discuss construction sequencing and plant operation during construction. Existing plant operating facilities that will be impacted during construction will be identified. A preliminary sequence of construction will be developed to accommodate operation with minimal plant disruption. The tie-ins to existing facilities will be discussed, need for process or plant shut -downs identified, the duration for tie-ins discussed, and the maximum duration that facilities can be shut down documented. A memorandum summarizing the discussions will be produced and provided for City concurrence. Following the workshop, meeting minutes and responses to comments will be prepared and submitted. The responses to comments will be incorporated into the 100 percent bid documents. Change Order No 1 to Task Order 10055 Page 7 of 9 Wastewater Treatment Plant UV Disinfection System Expansion Deliverables • Meeting minutes from each workshop. Assumptions • City will have reviewed the draft documents prior to the workshops and be prepared with input and/or questions for discussion. • Up to ten persons from the ENGINEER team will attend each of the workshops Task 10 — Bid Period Services for Construction Contract — Phase 2 Task ENGINEER will respond to technical inquiries posed by prospective bidders throughout the bid period concerning interpretation of the drawings and technical specifications. Bidders questions sent to the City Purchasing Department will be routed to ENGINEER and responses returned to Purchasing for inclusion in bid period addenda. The City will review responses by the design team prior to issuance of addenda. If requested by the City, ENGINEER will assist the City by participating in a pre-bid conference for prospective bidders at the project site. Deliverables • Content for bid addenda. Meetings • Pre-bid meeting. Assumptions • The deliverables produced as part of this Task will be provided electronically (PDF) to the City PM for distribution. ENGINEER will not provide printed sets. • The City will be responsible for advertising and administering the bid as well as for awarding and executing the contract. • The general construction contract will only be bid once. • Up to four ENGINEER staff will participate in the pre-bid meeting either in person or via conference call. Four hours for each ENGINEER staff is assumed inclusive of travel time. • The budget for responding to bidders questions is based on an estimated 16 inquiries for a total of 48 hours inclusive of processing time. Assumptions listed in the initial Task Order 10055 remain applicable. Change Order No 1 to Task Order 10055 Page 8 of 9 Wastewater Treatment Plant UV Disinfection System Expansion The following schedule is based on a Notice to Proceed (NTP) from the City by November 2014 and resulting in final consulting being completed by May 2015. A NTP issued on a different date will change the schedule accordingly. COMPENSATION AND COMPLETION SCHEDULE Task Description Due Date Compensation 1 Project Management ■ October 2014 to May 2015 $25,460 (labor) 6 Design Development Documents (75 Percent Design) ■ February 2015 $111,245 (labor) 7 (Not Used) 8 Bid Ready Documents (100 Percent Design) • April 2015 $55,500 (labor) 9 Design Workshops ■ February 2015 to April 2015 $7,625 (labor) $887 (expense) 10 Bid Period Services for Construction Contract . May 2015 $7,800 (labor) Subconsulting Services October 2014 to May 2015 $13,600 (expense) TASK ORDER PHASE 2 TOTAL: $222,117 • Per City request, DC Engineering is a subconsultant to CH2M HILL on this project to provide electrical engineering services. The associated subconsultant cost is included as a project expense and will appear on invoices submitted to the City as a separate line item cost. • The estimated travel expenses are based on the following: o Task 9 Travel ® Airline: 1 person for 1 round-trip flights at $600 / flight ® Rental Car: 1 car for 2 days at $65 / day ■ Lodging: 1 person for 1 nights at per diem rate ■ Meals: 1 person for 2 days at per diem rate Task Order No. 10055 Value Summary: Original Task Order -- $191,571 Amendment No. 1 -- $222,117 The Not -To -Exceed amount to complete all services listed above for this Change Order No. 1 to Task Order No. 10055 is two hundred twenty two thousand one hundred seventeen dollars ($222,117.00). No compensation will be paid over the Not -to -Exceed amount for the services listed above. No compensation will be paid for additional services without prior written approval by the City in the form of a Change Order. The hourly rates for services and direct expenses shall be billed per the approved Rate Schedule and Master Agreement (by this reference made a part hereof) and will be the basis for any additions and/or deletions in services rendered. Travel and meals are excluded from this Task Order unless explicitly listed in the Scope of Services AND Payment Schedule. Change Order No 1 to Task Order 10055 Page 9 of 9 Wastewater Treatment Plant UV Disinfection System Expansion October1 PROJECT ITEM TITLE: ARCHER FARM SUBDIVISION Final Order for Approval: FP 14-038 Archer Farm Subdivision by Archer Farm Properties, LLC Located 4660 N. Meridian Road Request: Final Plat Approval Consisting of Twenty (20) Building Lots and One (1) Common Area Lot on 4.93 Acres of Land in the R-8 Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF 20 SINGLE- FAMILY RESIDENTIAL BUILDING LOTS AND 1 COMMON LOT ON 4.93 ACRES OF LAND IN AN R-8 ZONING DISTRICT FOR ARCHER FARM SUBDIVISION BY: ARCHER FARM PROPERTIES, LLC APPLICANT HEARING DATE: SEPTEMBER 16, 2014 CASE NO. FP -14-038 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on September 16, 2014 for final plat approval pursuant to Unified Development Code (UDC) 11-613-3 and the Council finding that the Administrative Review is complete by the Planning Department and Public Works Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: The Final Plat of "PLAT SHOWING ARCHER FARM SUBDIVISION, SITUATED IN GOVERNMENT LOT 1 OF SECTION 31, TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, 2014, HANDWRITTEN DATE: 7/30/14, AARON L. BALLARD, PLS, SHEET 1 OF 3," is conditionally approved subject to those conditions of Staff as set forth ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR ARCHER FARM SUBDIVISION FP -14-038 Page 1 of 3 in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated September 16, 2014, a true and correct copy of which is attached hereto marked "Exhibit A" and by this reference incorporated herein, and the response letter from Kirsti Allphin, a true and correct copy of which is attached hereto marked "Exhibit B" and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Cleric not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR ARCHER FARM SUBDIVISION FP -14-038 Page 2 of 3 Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight (28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the U Q2LD, Lka= , 2014. By: -. /-\ . ("Z-, °T�t4We,g4 -- CA -Y�� Attest: ( yo". t;t�3f c Ul cAQ C'+-7 /9 Ta -'e lman /"L City Clerk day of Copy served upon the Applicant, Planning Department, Public Works Department, and City Attorney. By: Wc�('-q' `'" t I Dated: 1 () � l ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR ARCHER FARM SUBDIVISION FP -14-038 Page 3 of 3 STAFF REPORT MEETING DATE: September 16, 2014 TO: Mayor and City Council FROM: Sonya Watters, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: FP -14-038 —Archer Farm Subdivision I. APPLICATION SUMMARY The applicant, Archer Farm Properties, LLC, has applied for final plat (FP) approval of 20 single- family residential building lots and 1 common lot on 4.93 acres of land in an R-8 (medium -density residential) zoning district. II. STAFF RECOMMENDATION Staff recommends approval of the Archer Farm Subdivision final plat based on the analysis provided below in Section V. III. PROPOSED MOTION Approval I move to approve File Number FP -14-038 as presented in the staff report for the hearing date of September 16, 2014, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number FP -14-038, as presented during the hearing on September 16, 2014, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number FP -14-038 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) W. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The subject property is located at 4660 N. Meridian Road, in Section 30, T. 3N., R. 1E. B. Applicant: Archer Farm Properties, LLC 701 S. Allen Street Meridian, ID 83642 C. Owner: Same as applicant Archer Farm Subdivision FP-14-038.doc PAGE I D. Representative: Kirsti Allphin, KM Engineering, LLP 9233 W. State Street Boise, ID 83714 V. STAFF ANALYSIS The proposed final plat depicts 20 single-family residential building lots and 1 common area lot on 4.93 acres of land in an R-8 zoning district. The gross density of the proposed subdivision is 4.06 dwelling units (d.u.) per acre with a net density of 5.22 d.u. per acre. The minimum property size is 5,597 square feet (s.£) with an average size of 7,759 s.f. All of the lots proposed in this phase are for single-family detached homes and must comply with the dimensional standards of the R-8 zoning district listed in UDC Table 11-2A-6. Staff has reviewed the proposed plat for compliance with the dimensional standards listed in UDC Table 11-2A-6 and found the plat to be in compliance with those standards. Staff has reviewed the proposed final plat for consistency with the approved preliminary plat and found it to be in substantial conformance per the standards listed in UDC 11-613-3C.2, as the number of buildable lots and the amount of open space are the same. VI. SITE SPECIFIC CONDITIONS 1. Applicant shall meet all terms of the approved annexation (AZ -14-010, Development Agreement Instrument #2014-065513); and preliminary plat (PP -14-010). 2. The applicant shall obtain the City Engineer's signature on the final plat within two (2) years of City Council approval of the preliminary plat (on or before August 12, 2016); or, apply for a time extension on the preliminary plat in accord with UDC 11-6B-7. 3. Prior to submittal for the City Engineer's signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by KM Engineering, stamped on 7/30/14 by Aaron L. Ballard, shown in Exhibit C shall be revised as follows: a. Include the recorded instrument number of the CC &R's in note #11. b. Graphically depict the ACHD storm water drainage system on the face of the plat referenced in note #12. c. Revise the typo in note #13 as follows, "Direct lot ofr parcel access..." d. Include the recorded instrument number of the license agreement in note #15. 5. The landscape plan prepared by KM Engineering, dated August 5, 2014, shown in Exhibit D is approved as submitted. 6. The applicant shall coordinate with Elroy Huff, the City Arborist, (888-3579) prior to removal of any trees on the site. Mitigation may be required for any trees removed from the site in accord with the standards listed in UDC 11 -3B -IOC. 7. All fencing installed on the site shall comply with the standards listed in UDC 11-3A-6 and 1I - 3A -7. If permanent fencing does not exist at the subdivision boundary, temporary construction fencing to contain debris shall be installed around this phase prior to release of building permits for this subdivision. Archer Farm Subdivision FP- 14-038.doc PAGE 2 8. Future homes constructed in this subdivision shall be generally compatible in appearance and bulk with the pictures/elevations included in the development agreement recorded as Instrument No. 2014-065513. The rear or sides or homes on lots that face N. Meridian Road shall incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines. 9. Staff's failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. 10. Prior to the issuance of any new building permit, the property shall be subdivided in accordance with the UDC. VII. GENERAL REQUIREMENTS Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. Street signs are to be in place, sanitary sewer and water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District (ACHD) and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11 -3B -14A. 5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities, pressurized irrigation, prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887- 2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887-2211. 8. All development improvements, including but not limited to sewer, water, fencing, and pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy, or as otherwise allowed by UDC 11-5C-1. Archer Farm Subdivision FP- 14-03 8.doc PAGE 3 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-12-3H. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established peals groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1 -foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not exceed that outlined in the Standards. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20 -feet wide for a single utility, or 30 -feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at Archer Farm Subdivision FP- 14-038.doc PAGE 4 (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. V. EXHIIBITS A. Vicinity Map B. Approved Preliminary Plat (dated: 5/8/14) C. Proposed Final Plat (dated: 8/26/14) D. Proposed Landscape Plan (dated: 8/5/14) Archer Farm Subdivision FP-14-038.doc PAGE 5 Exhibit A — Vicinity Map Archer Farm Subdivision FP-14-038.doc PAGE 6 Exhibit B — Approved Preliminary Plat (dated: 5/8/14) ARCHER FARM SUBDIVISION T4� - PRELIMINARY PLAT MERIDIAN, IDAHO MAY 2014 INDEX OF DRAWINGS vliR wa sHCErc fldT It, 1 „ rn , I s �� t yyyy S � 3 a i i 1\ l i I I I I I I lE gFa rI ift a,mq I �cm sl ��p.i -,• C E. COPPER RI_OGESTR�T __ - E. COPPER RIDGE STREET , I Pfni"NWNAT DATA -1 z I I I IE OlEtl r b I< I �I Z EPFACN SEW.INGS COVRt t _ . I I? I lcwi_ k.� , C W I �da ,.z WA I A , " I i L aj 7 - , ^.:-- CW.nN.I A9TE C04L lRY • c. I' ARCHER FARM SUBDIVISION / } ,v iREIIk fPIAT }"{, MEpW1A4 R0.w,fACNONw.WNiO Tslal t -i 't�'°'S, t —[,-'.,; Anima ■ ��IF�W.,�411 Archer Farm Subdivision FP- 14-038.doc PAGE 7 Exhibit C — Proposed Final Plat (dated: 7/30/14) P011 � s4 AYW' P64 Cvtf Fb. IOI I>,IN E. McMI�LAN RD_ I I I I I I I� I� 6-- 2ao0 iJ 00 sW 1 ply I I ,1 1 I I ( >r I 1 I I 1 I I I 1 $ I I I I I I a I 1 I I I I i $ I I R I 1 113.00 I 2500' Io �' — T In d� Im 1 siren°,%• � o zsral JI ttp tF'6f An. 318633) PLAT OF ARCHER FARM SUBDIVISION SITUATED IN GOVERNMENT tar l OF SECTION 31, TOWNSHIP 4 NORTH, RANGE I EASE, BOISE MERIDIAN , ADA COUNTY, IDAHO, 2014 I I I I 1 I I I I SOLITUDE PLACE SUBDIVISION NO.3 4sfi.n• I enm' '"�—%oo• — - E. COPPER RIDGE IT,�,�W 5065]J1^A 81.02' SO.,Y i'Jit tloi{' 46.61' 34.49' 04 CI4- C13 g 1= 8 t+ RtMK2 F31'E 110.00' � 25' 25' � b I ]) $ Io �` naasr3t Is{.3r A6 G1-� �I to 9 Q >R =_ 6LOC91 Q FI R54'Sr3iY i oO m 2 11 4"7 _12<1.W7 PA I -n E. PEACH SPRINGS Cr. /y c1y 04cT]s' 4 O I H V o Q• �* g z ~ 4z � 1 � /IOCRl g g 5 el 6. Cob _ top'_ 451.36' SOLITUDEPLACE SUBDIVISION No. l A SHEET 1 - 50001 N VAP SHEET 2 - CERIVICATC OF OANERS AND CIt ANO UNC TAG— SHEET 3 - CERTIFICATES AND APPROVALS ® FWND ALUMNUN CA- AS NOTED 0 FOUND DR— CAP AS WT. 0 FOUND 5/6' REDAR AS NOTED O FOUND 1/2' R£A4R AS NOTED 0 SCT 5/8" RE BAR MD, Pt M CAP MARK. ARCHER FARM 'PID 12453" PROPERTIES, LLC SET 1/2' Fram NTH PLASTIC CAP "KE0 MERIDIAN, IDAHO 'ALN 12459' A CALCULATED PONT (NONONO FOUND OR SET) R LOT NUV9ER — - - — S WMStON DOUNOARY LINE LOT UNE — - - - — SECTION LME — - - ADJACENT LOT UNE _---_-_- EASEVENT UNE REFERENCES Ri. SOLOULC WIT 54EONa�ON "A 1, BOOR 58, Mrs 12,!86-1235], RO—S P AIN COId1Y. 134.. R2. Siu1wE =UL[ St —ON M10. = 6aOR t0], PKi 13,111-1l,TtJ. RE<0T05 OF AOA �CIrY, IDN%J, R3. MF,05 MACE st T. IM N0. 3, `K"' 109, PAOE3 14,460-14,28% RECORDS OF AG GOWN. IFA4o. At. REC07TO Of 8UT41' No. 5835. PM 4:STRUYLTIT N tOt1J1{O8. tEr O s OF A04 COONIY, " . 041 uaA RA59 �f��! IX Hs P '°0x1. ea.�Y ,.3o.wFv DEVELOPER _ ` un<frasl+wn ARCHER FARM PROPERTIES, LLC MERIDIAN, IDAHO rce N4 M ta¢i Archer Farm Subdivision FP-14-038.doc PAGE 8 Exhibit D — Proposed Landscape Plan (dated: 8/5/14) u»n uHosuxrarts p+xrsnovccasscw.tixcrau amts Archer Farm Subdivision FP- 14-038.doc PAGE 9 rnn Aac PW1. U.0 N 0 u»n uHosuxrarts p+xrsnovccasscw.tixcrau amts Archer Farm Subdivision FP- 14-038.doc PAGE 9 rnn Aac PW1. U.0 Sonya Watters From: Kirsti Allphin <KAllphin@kmengllp.com> Sent: Wednesday, September 10, 2014 2:48 PM To: Sonya Watters; Holly Binkley; Jacy Jones; Jaycee Holman; Machelle Hill Cc: Bob Taunton; Kevin McCarthy Subject: RE: Archer Farm FP REVISED Staff Report Attachments: final plat conditions acceptance 9.10.14.pdf Hi Sonya — Attached please find our conditions acceptance letter for the Archer Farm final plat. If you need anything further in order to place this on consent agenda for next week, please let me know. Thanks, Kirsti Kirsti Allphin Development Assistant Office Manager KM Engineering, LLP 9233 West State Street Boise, ID 83714 208.639.6939 Fax 208.639.6930 kal,li?hin@kmenglip.com From: Sonya Watters [mailto:swatters@merldiancity.org] Sent: Wednesday, September 10, 2014 9:30 AM To: Holly Binkley; Jacy Jones; Jaycee Holman; Machelle Hill Cc: Kirsti Allphin Subject: Archer Farm FP REVISED Staff Report Please replace the earlier version I sent with this one. Thxl No virus found in this message. Checked by AVG - www.avg.corn Version: 2012.0.2247 / Virus Database: 4015/7679 - Release Date: 09/09/14 I October PROJECT NUMBER: MFP 1i _00 ITEM TITLE: CANTERBURY COMMONS NO. Final Order for Approval: MFP 14-002 Canterbury Commons No. 1 by Northside Management Located South Side of W. Pine Avenue and East of N. Ten Mile Road Request: Final Plat Modification Amending Plat Notes # 18 and # 19 to Allow Lot 2, Block 1 to take Access from the Common Driveway Constructed Along the Southern Boundary l MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUESTL MODIFICATION I FINAL PLAT 1 ALLOW FUTURE HOME CONTRUCTED ON LOT1 / ACCESS FROM THE COMMON DRIVEWAY ADJACENT1 THE SOUTHERN1 1 . • BY: NORTIISIDE MANAGEMENT APPLICANT CIC SEPTEMBER 16, 2014 CASE NO. MFP-14-002 This matter coming before the City Council on September 16, 2014, upon the Applicant's submittal of a final plat modification application pursuant to Unified Development Code (UDC) Table 11-5A-2 and the Council finding that the Administrative Review is complete by the Planning Division, to the Mayor and Council, and the Council having considered the requirements of the modifications, the Council takes the following action: • C 1.1' '1 The above named applicant is granted approval to modify the Canterbury Commons Subdivision No. 1 final plat to allow Lot 2, Block 1 take access from the common driveway located along the southern boundary of the lot, subject to the conditions of approval in the attached Staff Report for the hearing date of September 16, 2014, incorporated by reference. Attached: Staff Report for the hearing date of September 16, 2014 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT MODIFICATION FOR CANTERBURY COMMONS SUBDIVISION MFP-14-002 Page 1 of 2 By the action of the City Council at its regular meeting on the day of DE*p %1U , 2014. DATED this Attest: day of C 2014 -T n $e -Weems C U-4(�-04 �'Usl'6b'j- Wce-rholman, City hfeil8g,4 E ,tjrl�sl�l ` v Copy served upon the 3,Pila ing Department, Public Works Department, and City Attorney. BY: M62 dILLU 4 - qt Dated: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT MODIFICATION FOR CANTERBURY COMMONS SUBDIVISION MFP-14-002 Page 2 of 2 STAFF REPORT Hearing Date: TO: FROM: SUBJECT: EXHIBIT A September 16, 2014 Mayor and City Council Bill Parsons, Associate City Planner (208) 884-5533 MFP-14-002 — Canterbury Commons No. 1 I. APPLICATION SUMMARY The applicant, Northside Management, has requested approval of a modification to the Canterbury Commons No. 1 final plat to allow the future home constructed on Lot 2, Block 1 to take access from the common drive constructed adjacent to the south boundary. II. STAFF RECOMMENDATION Staff recommends approval of the subject application subject to the modifications listed in Exhibit A.3. III. PROPOSED MOTION Approval After considering all Staff, Applicant, and public testimony, I move to approve File Number MFP-14- 002, as presented during the hearing on September 16, 2014. Denial After considering all Staff, Applicant, and public testimony, I move to deny File Number MFP-14- 002, as presented in the staff report for the hearing date of September 16, 2014, for the following reasons: (You should state specific reasons for denial.) Continuance After considering all Staff, Applicant, and public testimony, I move to continue File Number MFP- 14-002 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance) IV.APPLICATION AND PROPERTY FACTS A. Site Address/Location: The subject property (Lot 2, Block 1) is located on the south side of W. Pine Avenue, east of N. Ten Mile Road in the southwest'/4 of Section 11, Township 3 North, Range 1 West. B. Applicant/Representative: Scott Noriyuki, Northside Management 6810 Fairhill Place Boise, ID 83714 C. Owner: CBH Homes 1977 E. Overland Road Meridian, ID 83642 D. Applicant's Statement/Justification: Please see applicant's narrative for this information. Canterbury Commons No. 1 - MFP-14-002 - 1 - EXHIBIT A V. PROCESS FACTS The subject application is for a modification to the final plat. By reason of the provisions of the Meridian City Code Title 11, Chapter 5, the City Council is the decision making body on this matter. A public meeting is required to be held for this type of application. VI. LAND USE A. Existing Land Use(s): The subject property is vacant property developed as a single-family residential subdivision. B. Character of Surrounding Area and Adjacent Land Use and Zoning: This area is predominantly developed with a mix of single family and multi -family Homes. C. History of Previous Actions: On June 4, 2013, the property received final plat approval (FP -13- 024) to development 47 single family lots and 8 common lots on 10.39 acres. VII. STAFF ANALYSIS The applicant requests approval to modify the Canterbury Commons No. 1 final plat to allow Lot 2, Block 1 to access the common driveway constructed on the south boundary. The modification is requested to eliminate the lot from having direct lot access so close to the N. Clara/Pine intersection thereby providing a safer access to N. Clara Avenue. The UDC allows up to six (6) lots to take access from a common drive. Staff finds including the subject lot to take access from the common driveway (four (4) in total) is consistent with the common drive standards set forth in UDC 11 -6C -3D. In order to proceed with the modification as proposed by the applicant, the plat notes and common driveway easement in detail 1 must be modified as follows: 1) Note #18 - Currently, this plat note requires Lot 2, Block 1 take access from N. Clara Avenue. This lot needs to remove from the plat note; 2) Note #19 — Lot 2, Block 1 is not listed as one of the lots required to take access from the common driveway. The applicant must include this lot as part of this note; and 3) Detail 1 — Currently, the platted common driveway easement is not contiguous with the south boundary of Lot 2, Block 1(2 feet from the boundary). Per plat note #19, all lots that abut a common driveway shall take access from the common driveway. Since the easement is 2 feet from the southern boundary of the lot, the applicant must modify the common driveway easement ensuing Lot 2, Block 1 is contiguous to the easement and has access to the common driveway (see Exhibit A.2). Staff recommends the proposed MFP be approved with the modifications in Exhibit A.3 VIII. EXHIBITS A. Drawings 1. Vicinity Map 2. Approved Final Plat 3. Modifications to the Final Plat Notes Canterbury Commons No. 1 - MFP-14-002 - 2 - EXHIBIT A A. Drawings 1. Vicinity Map Canterbury Commons No. 1 - MFP-14-002 - 3 - 2. Approved Final Plat Affected Lot W. PmE M£ EXHIBIT A lill•[0' F--"--'— -- fI• I z.• �� JJ Pyre BOOK 4CIp— , PAGE 1hil m lIIAI' ��FSEs�^�izTc vsraruBarnA�1 rar.sasi.tu•T��v� 9BCIf'N'C n. bt. jt� ® F(IUIIO BPASf UPkQ`A.'.VB.T ! ti 1 [---�Y U GlCU1AT�M4Yf 16xe1•—•-- ♦ _________ - - a' ------ - rad 1+' Lt[ 31.fT rM AF£Ei"'Umo Wh41.T 2 kU y.t�� S [Yit' F 1 P BtO:K 2 ® B NI I aY•' E LAN I ERBURY COMMONS eCil BIAIT-� IATIA'F f ©eg�(D gG �Beil •[ TP swrrt'rnFva< n ��u'� _______ ' EJ.FcV',, ++wb\\`7'♦ � \ \ [°AI'1.03' Y 0. SUBDIVISION NO. i 6 A PARCEL LOCATED IN THE SWY, OF m CFfTinN I I TIN D I W RAA fIN nP saes'' as I. mar z wm a of s � E� dn�l 'n• Common Driveway T- AN - AUL s e{.,�\ '• fi\PYUl93CPb 'ClLL]n11xf/>xY u WT21KlIGTIB !YA• +.S2TfA4ILglrfOnN \ r!# nwaxmfwirrt CYp '�M! M °e! N.tt[✓nif 4A414AG�N4 Fi'tAflJVftSI4�ys lk'i•JHJ1GFit4}huktfv5t+ {_r3' +' C Bf mnaYT. N f�T,wrttt & IAS/®CYi��¢V3tlEON1'YN ffF�AniCl iiRNiW 1° IU�IS+i�J fIfM W'_41n1 d!' 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MEFlx4lyp B36f2 u �tt' Bi W�, wwn'l.�lt �iev�YNa�4�=.1aB+un5i.+a,cbE pN .til• 6ETNt I 2013 o se a im QO ' u r+lrfo• n z �fi fI• I z.• �� JJ Pyre • 0 LEGEND � 3 erii' II ® taams/B'IxcarPwA3wTm3 ! ° n�_m�orr+rwwslrrfssutre O SMA4ON Ft"I WIH PLf Mie Iwar Q [ rf a• r 9f % ��FSEs�^�izTc vsraruBarnA�1 rar.sasi.tu•T��v� I n. bt. jt� ® F(IUIIO BPASf UPkQ`A.'.VB.T ! ti 1 [---�Y U GlCU1AT�M4Yf •i iZR�i{��IyyF{S}QFpe��d�/"9 • r t3[f i��frr�E�BL�P1'yyI ����7c}}pp((��jjj�(�!!}}j�j t9� rA{Asr�i L.aTTPi! Ii�iEL9�� [4F�i2� tri[�f�ilXfffF�� 1�6^'130��iStQCi31�i '• fi\PYUl93CPb 'ClLL]n11xf/>xY u WT21KlIGTIB !YA• +.S2TfA4ILglrfOnN \ r!# nwaxmfwirrt CYp '�M! M °e! N.tt[✓nif 4A414AG�N4 Fi'tAflJVftSI4�ys lk'i•JHJ1GFit4}huktfv5t+ {_r3' +' C Bf mnaYT. N f�T,wrttt & IAS/®CYi��¢V3tlEON1'YN ffF�AniCl iiRNiW 1° IU�IS+i�J fIfM W'_41n1 d!' 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A4Tnf PAY: AUANI,ti C4' ♦ ) h As Jt� ,GW emu ➢�Val'YtutT'iL�k�fvCY'MY yl 9 FCIOvn4!°WkY'Gm11fiICiGlTTi Lht1^i!,rtltlYk.ltrflR'nAt9,laDn / avtt•An unwx•+..•aun'T. 2 n . mflr+n rc.ce�wYflantvr♦.®alrf•x f. x f MC42n4n1 1 ro `R efI°.Yryrf Ekf AYC[ Y10.}1 NAM+ AesA ' F Is`+LO`Wr 4n. LLi °4IiH. ern+Gl <uuww facrix,k/Ism Y+.xr,or/n,Kf, IfacnY .rnrx r♦«lx. � f lulUl YA,tf tw Nl K 4FnNnnH:lar 4 UHMb ICS:SI2UtCkly Xi8n0 'AYpYW.PMAKrKYM Kar9/AnnftK,'HA4rpWWq�ir<ukpi4•„'li tMNAt •• N 9n1%AOVM�Ya,%t:IG>tt]Ca•,%rn/.irSA•+@nHASR. 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MEFlx4lyp B36f2 u �tt' Bi W�, wwn'l.�lt �iev�YNa�4�=.1aB+un5i.+a,cbE pN .til• 6ETNt I 2013 o se a im QO ' u r+lrfo• n z �fi fI• I z.• �� JJ Pyre • 0 LEGEND � 3 erii' II ® taams/B'IxcarPwA3wTm3 ! ° n�_m�orr+rwwslrrfssutre O SMA4ON Ft"I WIH PLf Mie Iwar Q [ rf a• r 9f % s �ll�%• =i fA af' � E rv]t'N' F� I n. bt. jt� ® F(IUIIO BPASf UPkQ`A.'.VB.T ! ti 1 [---�Y U GlCU1AT�M4Yf � �� ,� O � WC W+iM1RSCII JitR rad rM AF£Ei"'Umo Wh41.T 2 kU y.t�� S [Yit' F 1 P B NII']V t u'ti 'Ea"U, p ryg EVT°ETIYE 'IS SAN BOIIf.NLLStS ® B NI I aY•' E eCil BIAIT-� IATIA'F f \\ Y gG �Beil •[ 11•�K• swrrt'rnFva< n ��u'� _______ ' EJ.FcV',, ++wb\\`7'♦ � \ \ [°AI'1.03' Y � µBC ______t_y___. CUVECIYDRt�WAY tASGY17f V LOT AM JM nn!ocvAlwcEtA¢Ax r„ f• Sur:OTE11 CETAA. 2 A, 1 Y _ r A. _,.� ■ • _ IF Canterbury Commons No. I - MFP-14-002 - 4 - M a — 28'15' VI 2:8.82' UWON PMIFlO NAI41tOM EXHIBIT A Canterbury Commons No. 1 - MFP-14-002 - 5 - EXHIBIT A 3. Modifications to the Final Plat The Canterbury Commons No. Ifnal plat shall be modified as follows: Note #18 — Lots 2-, 7, 8 and 13 of Block 1 shall take direct access from N. Glaf, Avenue and W. Jayton Drive and not from the common drive. 2. Note #19 — Lots -3 22 thru 5 and 9 thru 12 of Block 1 are subject to an easement for common driveways as shown. All common driveway shall be constructed in accordance with UDC 11 -6C - D, and be paved a minimum of 20 feet wide with a surface capable of supporting 75,000 lbs. All properties that abut a common driveway shall take access from the common driveways. 3. Modify detail 1 /plat — Modify the common driveway easement so Lot 2, Block 1 is contiguous to the easement and has access to the common driveway. Canterbury Commons No. 1 - MFP-14-002 - 6 - From: Scott Noriyuki <scott@northsidemgt.com> Sent: Wednesday, September 10, 2014 10:16 AM To: Bill Parsons; Bill Nary; Ted Baird; Machelle Hill; Jacy Jones; Jaycee Holman Cc: Justin Lucas Subject: RE: Canterbury Commons MFP staff report for 09/16/14 CC MTG in Please considerer this email as formal review and agreement with the Staff Report. Thank you and please feel free to call or email anytime with questions. Scott Noriyuki (208) 250-1202 scott@northsidemgt.com NORTHSIDE MANAGEMENT From: Bill Parsons [MaiIto:bparsons@meridiancity.org] Sent: Wednesday, September 10, 2014 8:49 AM To: Bill Nary; Ted Baird; Machelle Hill; Jacy Jones; Jaycee Holman; Scott Noriyuki (scott@northsidemgt.com) Cc: Justin Lucas Subject: Canterbury Commons MFP staff report for 09/16/14 CC MTG Attached is the staff report for the proposed Canterbury Commons No. 1 final plat modification application (MFP-14-002). This item is scheduled to be on the Council agenda on 09/16/14. The public hearing will be held at City Hall, 33 E. Broadway Avenue, beginning at 6:00 pm. Please call or e-mail with any questions. Scott - Please submit any written response you may have to the staff report to the City Clerk's office (jholman@meridiancity.org, mhill@meridiancity.org, and jjones@meridiancity.org) and myself (e-mail or fax) as soon as possible. Bill Parsons, AICP Associate City Planner Community Development Department 33 E. Broadway Avenue Meridian, Idaho 83642 PHONE: (208) 884-5533 FAX: (208) 888-6854 bparsons@jiieridialicit.y.org • ••V101110 ITEM TITLE: WWTP MAINTENANCE FACILITY BUILDINGS - CONSTRUCTION O. Approval of Award of Bids and Agreements for "WWTP Maintenance Facility Buildings - Construction" to multiple contractors (Bid Packages 7, 8, 9, 14, 15, 16, & 18) per the following schedule for a Not -To -Exceed total amount of $291,345.00. BP7 Cabinetry & Trim: Bledsoe Construction, Inc. $4,054 BP8 Roofing & Skylights: Modern Roofing $138,670 BP9 Doors & Frames: D&A Door & Specialties, Inc. $25,180 BP14 Painting: All Colors Painting $18,832 BP15 Specialties: SBI Contracting, Inc. $10,160 BP16 Window Coverings: Northwest Sales & Distribution $840 BP18 HVAC: Advanced Heating & Cooling $93,609 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager David Allison, Jacy Jones Date: 10/1/14 Re: October 7 City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following items be placed on the October 7t' City Council Consent Agenda. Approval of Award of Bids and Agreements for "WWTP Maintenance Facility Buildings - Construction" to multiple contractors (Bid Packages 7 8 9 14 15 16 & 18) per the following schedule for a Not -To -Exceed total amount of $291,345.00. These awards are the result of the Formal IFB issued by Beniton Construction and opened August 26th. Twenty-two bids were received for the 7 different bid packages above. BP7 Cabinetry & Trim: Bledsoe Construction, Inc. $4,054 BP8 Roofing & Skylights: Modern Roofing $138,670 BP9 Doors & Frames: D&A Door & Specialties, Inc. $25,180 BP14 Painting: All Colors Painting $18,832 BP15 Specialties: SBI Contracting, Inc. $10,160 BP16 Window Coverings: Northwest Sales & Distribution $840 BP18 HVAC: Advanced Heating & Cooling $93,609 Recommended Council Action: Approval of Award of 7 Bids and the corresponding Agreements to the low bidders for an overall total Not -To - Exceed amount of $291,345.00. Thank you for your consideration. Page 1 Standard Form of Agreement Between Owner and Contractor, Construction Manager as Adviser Edition AGREEMENT made as of the 26th day of August in the year 2014 (In words, indicate day, month and year.) ADDITIONS AND DELETIONS: The author of this document has BETWEEN the Owner: added information needed for its (Name, legal staters, address and other information) completion. The author may also have revised the text of the original City of Meridian AIA standard form. An Additions and 33 E. Broadway Deletions Report that notes added Meridian, ID 83642 information as well as revisions to the standard form text is available from and the Contractor: the author and should be reviewed. A (Name, legal status, address and other information) vertical line in the left margin of this document indicates where the author Advanced Heating & Cooling has added necessary information 721 North Ralstin Place and where the author has added to or Meridian, ID 83642 deleted from the original AIA text. This document has important legal for the following Project: consequences. Consultation with an (Name, location and detailed description) attorney is encouraged with respect to its completion or modification. City of Meridian Waste Water Treatment Plant Maintenance Shop 3401 N. Ten Mile Road This document is intended to be used Meridian ID 83642 in conjunction with AIA Documents A232TM-2009, General Conditions of The Construction Manager: the Contract for Construction, Construction Manager as Adviser (Name, legal staters, address and other information) Edition; B132TM-2009, Standard Form of Agreement Between Owner Beniton Construction Co., Inc, and Architect, Construction Manager P.O. Box 838 as Adviser Edition; and Meridian, ID 83680 C132TM-2009, Standard Form of Agreement Between Owner and The Architect: Construction Manager as Adviser. (Name, legal status, address and other in) AIA Document A232T'"-2009 is CTA, Inc. adopted in this document by 800 West Main Street, Suite 800 reference. Do not use with other Boise, ID 83702 general conditions unless this document is modified. The Owner and Contractor agree as follows. AIA Document A132TM — 2009 Iformerly A101 TMCMa —1992). Copyright© 1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. 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 t the law. This document was produced by AIA software at 13:16:52 on 08/29/2014 under Order No.5637907229_1 which expires on 01/06/2015, and is not for resale. User Notes: (791637035) TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS 5 DISPUTE RESOLUTION 1 TERMINATION OR SUSPENSION B MISCELLANEOUS PROVISIONS 3 ENUMERATION OF CONTRACT DOCUMENTS 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, all of which 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 fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. Bid Package #18: HVAC — Provide all labor, materials, tools and equipment necessary to complete the HVAC in accordance with Project Plans, Specifications, Addendum No. 1, and the Bid Form for BP #18. Note: All required forms, information and insurances must be completed and submitted to Beniton Construction before commencement of any work including but not limited to the Request for Contract Information, MSDS, safety program, a list of suppliers and subcontractors, and any additional forms as requested in the specifications. Provide submittals electronically if available, or one (1) clean copy (able to scan); some exceptions may apply. Samples and color charts must be provided separately. Contractor shall provide (2) full size copies of approved shop drawings to Beniton. Contractor is responsible to pay all applicable taxes, which are included in the contract price. Contractor is required to provide three (3) hard copies and one (1) electronic copy of closeout information (O&M Manuals, Warranties, etc.) and one (1) complete set of Record Drawings, as requested prior to substantial completion. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be the date of this Agreement 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. (Insert the date of commencement, if it dimers from the date of this Agreement or, if applicable, state that the date will be fixed in a notice to proceed) If, prior to the commencement of the Work, the Owner requires time to file mortgages, mechanics' liens and other security interests, the Owner's time requirement shall be as follows: AIA Document A132TM — 2009 (rformerly A101 TMCMa — 1992). Copyright ©1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights [nit. reserved. WARNING: This AW 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 t the law. This document was produced by AIA software at 13:16:52 on 08/29/2014 under Order No.5637907229_1 which expires on 01/06/2015, and is not for resale. User Notes: (791637035) § 3.2 The Contract Time shall be measured from the date of commencement. § 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than ( ) days from the date of commencement, or as follows: (Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of commencement. If appropriate, insert requirements for earlier Substantial Completion of cew-tain portions of the Work.) Per Exhibit "C" Portion of the Work Substantial Completion Date BP #18: HVAC March 27, 2015 , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to fain/re to achieve Substantial Completion on time or for bomes payments for early completion of the Work.) Per Supplementary Conditions ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be one of the following: (Check the appropriate boa:.) [ X ] Stipulated Sum, in accordance with Section 4.2 below [ ] Cost of the Work plus the Contractor's Fee without a Guaranteed Maximum Price, in accordance with Section 4.3 below [ ] Cost of the Work plus the Contractor's Fee with a Guaranteed Maximum Price, in accordance with Section 4.4 below (Based on the selection above, complete Section 4.2, 4.3 or 4.4 below. Based on the selection above, also complete either Section 5.1.4, 5.1.5 or 5.1.6 below.) § 4.2 Stipulated Sum § 4.2.1 The Stipulated Sum shall be Ninety Three Thousand Six Hundred Nine and No/100 Dollars ($ 93,609.00 ), subject to additions and deletions as provided in the Contract Documents. § 4.2.2 The Stipulated Sum is based on the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If the bidding orproposal documents permit the Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date ii hen that amount expires.) N/A § 4.2.3 Unit prices, if any: (Identify and state the unit price, and state the quantity limitations, Jf any, to 1t hich the unit price will be applicable.) Item Units and Limitations Price per Unit ($0.00) N/A § 4.2.4 Allowances included in the Stipulated Sum, if any: (Identify allowance and state exclusions, if any, ftorn the alloit,ance price.) AIA Document A132Th9 — 2009 (rformerly All 01 VICMa —1992). Copyright © 1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights [nit. 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 t the law. This document was produced by AIA software at 13:16:52 on 08/29/2014 under Order No.5637907229_1 which expires on 01/06/2015, and is not for resale. User Notes: (791637035) Item N/A Allowance § 4.3 Cost of the Work Plus Contractor's Fee without a Guaranteed Maximum Price This section has been deleted as it does not apply to this "Stipulated Sum" contract (See Paragraph 4.2) (Paragraph deleted) (Table deleted) (Paragraphs deleted) § 4.4 Cost of the Work Plus Contractor's Fee with a Guaranteed Maximum Price This section has been deleted as it does not apply to this "Stipulated Sum" contract (See Paragraph 4.2) (Paragraphs deleted) (Table deleted) (Paragraphs deleted) (Table deleted) (Paragraphs deleted) ARTICLE 5 PAYMENTS § 5.1 Progress Payments § 5.1.1 Based upon Applications for Payment submitted to the Construction Manager by the Contractor, and upon certification of the Project Application and Project Certificate for Payment or Application for Payment and Certificate for Payment by the Construction Manager and Architect and issuance by the 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. § 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month. § 5.1.3 Provided that an Application for Payment is received by the Construction Manager not later than the 25th day of a month, the Owner shall make payment of the certified amount in the Application for Payment to the Contractor not later than the 30th 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 sixty ( 60 ) days after the Construction Manager receives the Application for Payment. (Federal, state or local latus may require palnwent within a certain period of time.) § 5.1.4 Progress Payments Where the Contract Sum is Based on a Stipulated Sum § 5.1.4.1 Each Application for Payment shall be based on the most recent 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 and 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. § 5.1.4.2 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5.1.4.3 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .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 7.3.9 of the General Conditions; .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 five percent ( 5 %); .3 Subtract the aggregate of previous payments made by the Owner; and AIA Document A132TPA — 2009 formerly A101 TMCMa —1992). Copyright © 1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING;. This AIADocument Is protected by U.S.. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 4 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 t the law. This document was produced by AIA software at 13:16:52 on 08/29/2014 under Order No.5637907229_1 which expires on 01/06/2015, and is not for resale. User Notes: (791637035) , .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, § 5.1.4.4 The progress payment amount determined in accordance with Section 5.1.4.3 shall be further modified under the following circumstances: 1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to ninety-five percent ( 95 %) of the Contract Sum, less such amounts as the Construction Manager recommends and the Architect determines for incomplete Work and unsettled claims; and .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. § 5.1.4.5 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 resrdtingfrorrr the percentages inserted in Sections 5.1.4.3.1 and 5.1.4.3.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) N/A § 5.1.5 Progress Payments Where the Contract Sum is Based on the Cost of the Work without a Guaranteed Maximum Price This section has been deleted as it does not apply to this "Stipulated Sum" contract (See Paragraph 5.1.4) (Paragraphs deleted) § 5.1.6 Progress Payments Where the Contract Sum is Based on the Cost of the Work with a Guaranteed Maximum Price This section has been deleted as it does not apply to this "Stipulated Sum" contract (See Paragraph 5.1.4) (Paragraphs deleted) § 5.2 Final Payment § 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2 of AIA Document A232-2009, and to satisfy other requirements, if any, which extend beyond final payment; .2 the Contractor has submitted a final accounting for the Cost of the Work, pursuant to Exhibit A, Determination of the Cost of the Work when payment is on the basis of the Cost of the Work, with or without a Guaranteed Maximum payment; and .3 a final Certificate for Payment or Project Certificate for Payment has been issued by the Architect; such final payment shall be made by the Owner not more than 30 days after the issuance of the final Certificate for Payment or Project Certificate for Payment, or as follows: ARTICLE 6 DISPUTE RESOLUTION § 6.1 Initial Decision Maker The Architect will serve as Initial Decision Maker pursuant to Section 15.2 of AIA Document A232-2009, unless the parties appoint below another individual, not a party to this Agreement, to serve as Initial Decision Maker. (If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if other than the Architect.) § 6.2 Binding Dispute Resolution For any Claim subject to, but not resolved by, mediation pursuant to Section 15.3 of AIA Document A232-2009, the method of binding dispute resolution shall be as follows: (Check the appropriate box. If the Owner and Contractor do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court of competent f n-isdiction.) AIA Document A132TM — 2009 formerly A101 TM1'CMa —1992). Copyright© 1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of J 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 render t the law. This document was produced by AIA software at 13:16:52 on 08/29/2014 under Order No.5637907229_1 which expires on 01/06/2015, and is not for resale. User Notes: (791637035) [ ] Arbitration pursuant to Section 15.4 of AIA Document A232-2009 [ X ] Litigation in a court of competent jurisdiction. [ ] Other: (Specifi) ARTICLE 7 TERMINATION OR SUSPENSION § 7.1 Where the Contract Sum is a Stipulated Sum § 7.1.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A232-2009. § 7.1.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A232-2009. § 7.2 Where the Contract Sum is Rased on the Cost of the Work with or without a Guaranteed Maximum Price This section has been deleted as it does not apply to this "Stipulated Sum" contract (See Paragraph 7.1) (Paragraphs deleted) ARTICLE 8 MISCELLANEOUS PROVISIONS § 8.1 Where reference is made in this Agreement to a provision of AIA Document A232-2009 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 8.2 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.) (Paragraph deleted) § 8.3 The Owner's representative: (Name, address and other information) Beniton Construction Co., Inc. Bryce Parker P.O. Box 838 Meridian, ID 83680 § 8.4 The Contractor's representative: (Name, address and other it fo»nation) Advanced Heating & Cooling Dan Milton 721 North Ralstin Place Meridian, ID 83642 § 8.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. § 8.6 Other provisions: N/A ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated in the sections below. § 9.1.1 The Agreement is this executed AIA Document A132-2009, Standard Form of Agreement Between Owner and Contractor, Construction Manager as Adviser Edition. AIA Document A132 2 2009 this AIA Document, or portion At 01 TMCMa —1992). Copyright © 1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties, Unauthorized reproduction or distribution of MAO` y p rtion 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 13:16:52 on 08/29/2014 under Order No.5637907229_1 which expires on 01/06/2015, and is not for resale. User Notes: (791637035) § 9.1.2 The General Conditions are, AIA Document A232-2009, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition. § 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual, per attached Exhibit "A". (Table deleted) § 9.1.4 The Specifications: (Either list the Specifications here or refer to an exhibit attached to this Agreement) Per Exhibit "A" (Table deleted) § 9.1.5 The Drawings: (Either list the Drmi,ings here or• refer to an exhibit attached to this Agreement) Per Exhibit "B" (Table deleted) § 9.1.6 The Addenda, if any: Number Date Pages Per Exhibit "A" 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 Additional documents, if any, forming part of the Contract Documents are: .1 (Paragraphs deleted) Other documents, if any, listed below: (List here any additional documents which are intended to form part of the Contract Documents. AIA DocurnentA232 2009 provides that bidding requirements such as advertisement or imitation to bid, Instr7rctions 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.) * Exhibit "I" and Sample Certificate — Insurance Requirements * Request for Contract Information * "-5 Form * Affidavit Concerning Taxes * Application for Payment and Schedule of Values ARTICLE 10 INSURANCE AND BONDS The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article 11 of AIA Document A232-2009. (State bonding requirements, if an)), and limits of liability for insurance required in Article 11 of AIA Document A232-2009.) Type of Insurance or Bond Limit of Liability or Bond Amount Insurance per attached Exhibit "I" Payment & Performance Bonds 100% of the Contract Amount (see Supplementary Instructions to Bidders for delivery requirement) AIA Document A132TM' —2009 formerly A101 TMCMa —1992). Copyright © 1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIADocument is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 7 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 t the law. This document was produced by AIA software at 13:16:52 on 08/29/2014 under Order No.5637907229_1 which expires on 01/06/2015, and is not for resale. User Notes: (791637035) This Agreement is entered into as of the day and year first written above. OWNER (Signature) (Printed name and title) CONTRACTOR (Signatk-6) (Printed name and title) AIA Document A132 TM — 2009 formerly A101T11CMa — 1992). Copyright (D 1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This Any' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distributionof 8 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 13:16:52 on 08/29/2014 under Order No.56379072291 which expires on 01/06/2015, and is not for resale. User Notes: (791637035) Meridian Wastewater Treatment Plant (MWWTP) 5/14 Maintenance Facility Invitationto Bid ................................................ ............................................................. 1-1 Noticeto Bidders .................................................. ....................... ................................. 1-4 AIA A701 Instructions to Bidders...................................................................................1-6 ALTERNATES ........................................ ............................................................. Supplemental Instructions to Bidders ...... ............................... ............................. ......... 1-4 Bid Form Table of Contents ............... ........................................................................... 1-1 BidForms ....................................................... ................................. ........................... 1-40 ProjectSchedule..........................................................................................................1-3 013300 AIA A132 Standard Form of Agreement Between Owner and Contractor .................. ...1-8 1-2 Supplementto Agreement............................................................................................1-2 REFERENCES....................................................................................................1-4 AIA A232 General Conditions of the Contract.............................................................1-43 014500 Supplementary Conditions ............................ .......... ...................................................... 1-5 Exhibit I — Insurance Requirements .................................. ........................................... 1-1 Contractor's Affidavit Concerning Taxes ........................ ............................................... 1-1 Public Works Contract Tax Report (WH-5)...................................................................1-2 SPECIFICATIONS DIVISION 01 — GENERAL REQUIREMENTS 011000 SUMMARY OF WORK .............. ............................. .... ...................... ................... 1-2 012300 ALTERNATES ........................................ ............................................................. 1-1 012900 PRICE AND PAYMENT PROCEDURES.............................................................1-4 013100 PROJECT MANAGEMENT AND COORDINATION.............................................1-4 013300 SUBMITTAL PROCEDURES ..................... .......................................................... 1-2 014200 REFERENCES....................................................................................................1-4 014500 QUALITY CONTROL...........................................................................................1-4 015000 TEMPORARY FACILITIES AND CONTROLS.....................................................1-9 016000 PRODUCT REQUIREMENTS.............................................................................1-2 FORM SUBSTITUTION REQUEST FORM ........................ ............................................. 1-1 017300 EXECUTION....................................................... ................................................. 1-6 017320 CUTTING AND PATCHING.................................................................................1-3 017700 CLOSEOUT PROCEDURES...............................................................................1-6 DIVISION 02 — EXISTING CONDITIONS 024116 STRUCTURE DEMOLITION ............................. ................................................... 1-5 DIVISION 03 — CONCRETE 033000 CAST -IN-PLACE CONCRETE...........................................................................1-12 033543 POLISHED CONCRETE FINISHING. .................................................................. 1-2 DIVISION 04 — MASONRY 042200 CONCRETE UNIT MASONRY ...... .................................................................... 1-13 TABLE OF CONTENTS 1 Meridian Wastewater Treatment Plant (MWWTP) Maintenance Facility 5/14 051200 STRUCTURAL STEEL FRAMING ..................................................... .................. 1-6 052100 STEEL JOIST FRAMING .................... ................................................................. 1-4 053100 STEEL DECKING................................................................................................1-5 074213.53 054000 COLD -FORMED METAL FRAMING .................................................. ......... ......... 1-8 055000 METAL FABRICATIONS.....................................................................................1-6 079200 055119 METAL GRATING STAIRS..................................................................................1-4 DIVISION 08 055213 PIPE AND TUBE RAILINGS ............... ................................................................. 1-5 DIVISION 06 —WOOD, PLASTICS, AND COMPOSITES 083113 061053 MISCELLANEOUS ROUGH CARPENTRY ..................... .................................... 1-2 071113 BITUMINOUS DAMPROOFING...........................................................................1-3 072100 THERMAL INSULATION ............ ......................................................................... 1-4 074113.16 STANDING -SEAM METAL ROOF PANELS... ..................................................... 1-7 074213.53 METAL SOFFIT PANELS............................................................. ....................... 1-5 077253 SNOW GUARDS.................................................................................................1-2 079200 JOINT SEALANTS...............................................................................................1-7 DIVISION 08 — OPENINGS 081113 HOLLOW METAL DOORS AND FRAMES..........................................................1-7 083113 ACCESS DOORS AND FRAMES ................................................ ........................ 1-3 083323 OVERHEAD COILING DOORS...........................................................................1-6 086200 UNIT SKYLIGHTS...............................................................................................1-3 087111 DOOR HARDWARE (DESCRIPTIVE SPECIFICATION) ..................................1-12 088000 GLAZING.............................................................................................................1-7 092216 NON-STRUCTURAL METAL FRAMING ........................ ...................................... 1-5 092900 GYPSUM BOARD ..................... .......................................................................... 1-3 093013 SF CERAMIC TILING.................................................................................1-7 095123 ACOUSTICAL TILE CEILINGS............................................................................1-3 096513 RESILIENT BASE AND ACCESSORIES.............................................................1-3 099113 EXTERIOR PAINTING ............... .......................................................................... 1-3 099123 INTERIOR PAINTING ........................................ .................................................. 1-4 DIVISION 10 —SPECIALTIES 102600 WALL AND DOOR PROTECTION.......................................................................1-2 102800 TOILET, BATH, AND LAUNDRY ACCESSORIES...............................................1-3 104416 FIRE EXTINGUISHERS......................................................................................1-3 105113 METAL LOCKERS...............................................................................................1-5 DIVISION 11 — EQUIPMENT NOT USED DIVISION 12 — FURNISHINGS 122113 HORIZONTAL LOUVER BLINDS ...... .................................................................. 1-3 123623.13 PLASTIC -LAMINATE -CLAD COUNTERTOPS .... ................................................ 1-4 TABLE OF CONTENTS 2 Meridian Wastewater Treatment Plant (MW WTP) 5/14 Maintenance Facility DIVISION 13 - SPECIAL CONSTRUCTION NOT USED DIVISION 14 - CONVEYING EQUIPMENT NOT USED • • 3 221113 FACILITY WATER DISTRIBUTION PIPING .................................................. ...... 1-7 221116 DOMESTIC WATER PIPING...............................................................................1-7 221119 DOMESTIC WATER PIPING SPECIALTIES ......................................... .............. 1-8 221123 DOMESTIC WATER PUMPS..............................................................................1-4 1-4 221313 FACILITY SANITARY SEWERS... ....................................................................... 1-5 221316 SANITARY WASTE AND VENT PIPING...........................................................1-16 1-9 221319 SANITARY WASTE PIPING SPECIALTIES........................................................1-8 221513 GENERAL -SERVICE COMPRESSED -AIR PIPING ............................. .............. 1-10 221519 GENERAL -SERVICE PACKAGED AIR COMPRESSORS AND RECEIVERS ..... 1-9 223400 FUEL -FIRED DOMESTIC WATER HEATERS.....................................................1-7 1-6 224000 PLUMBING FIXTURES.....................................................................................1-11 224500 EMERGENCY PLUMBING FIXTURES................................................................1-5 224700 DRINKING FOUNTAINS AND WATER COOLERS............................................1-5 230500 COMMON WORK RESULTS FOR PLUMBING AND HVAC ..................... ......... 1-11 230523 GENERAL -DUTY VALVES FOR PLUMBING AND HVAC PIPING......................1-5 230549 SEISMIC CONTROLS FOR PLUMBING AND HVAC ............................ .............. 1-6 230553 IDENTIFICATION FOR PLUMBING AND HVAC PIPING AND EQUIPMENT ...... 1-4 230593 TESTING, ADJUSTING, AND BALANCING FOR HVAC.....................................1-5 230700 HVAC INSULATION ............................ ................................................................ 1-9 231123 FACILITY NATURAL-GAS PIPING....................................................................1-17 233113 METAL DUCTS ........ ......................................................................................... 1-13 233300 AIR DUCT ACCESSORIES...............................................................................1-10 233423 HVAC POWER VENTILATORS .............................. ............................................. 1-6 233713 DIFFUSERS, REGISTERS, AND GRILLES.........................................................1-3 233813 COMMERCIAL -KITCHEN HOODS......................................................................1-5 234100 PARTICULATE AIR FILTRATION........................................................................1-2 235100 BREECHINGS, CHIMNEYS, AND STACKS........................................................1-3 235400 FURNACES.........................................................................................................1-6 235533 FUEL -FIRED UNIT HEATERS ....... ............................ .......................................... 1-4 236200 PACKAGED COMPRESSOR AND CONDENSER UNITS ............... .................... 1-4 237423 PACKAGED, INDIRECT -FIRED, INDOOR, HEATING -ONLY MAKEUP -AIR UNITS................................................................................................................. 1-9 TABLE OF CONTENTS 3 Meridian Wastewater Treatment Plant (MWWTP) 5/14 Maintenance Facility DIVISION 24 — (NOT USED) DIVISION 25 — (NOT USED) DIVISION 26 — ELECTRICAL 260500 COMMON WORK RESULTS FOR ELECTRICAL...............................................1-5 260519 LOW -VOLTAGE ELECTRICAL POWER CONDUCTORS AND CABLES ..... ....... 1-3 260526 GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS ...........................1-4 260529 HANGERS AND SUPPORTS FOR ELECTRICAL SYSTEMS.............................1-4 260533 RACEWAYS AND BOXES FOR ELECTRICAL SYSTEMS................................1-10 260553 IDENTIFICATION FOR ELECTRICAL SYSTEMS...............................................1-6 260573 OVERCURRENT PROTECTIVE DEVICE COORDINATION AND ARC FLASH STUDY........................................................ ........................................................ 1-7 262200 LOW -VOLTAGE TRANSFORMERS....................................................................1-4 262416 PANELBOARDS..................................................................................................1-6 262726 WIRING DEVICES ........................................ ....................................................... 1-5 262813 FUSES................................................................................................................1-3 262816 ENCLOSED SWITCHES AND CIRCUIT BREAKERS... ...................................... 1-5 262913 ENCLOSED CONTROLLERS ......... ............................. ....................................... 1-5 265100 INTERIOR LIGHTING ................................................... ....................................... 1-8 270500 COMMON WORK RESULTS FOR COMMUNICATIONS....................................1-4 271100 COMMUNICATIONS EQUIPMENT ROOM FITTINGS........................................1-5 271300 COMMUNICATIONS BACKBONE CABLING......................................................1-8 271500 COMMUNICATIONS HORIZONTAL CABLING .......................................... ....... 1-10 DIVISION 28 — ELECTRONIC SAFETY AND SECURITY 280500 COMMON WORK RESULTS FOR ELECTRONIC SAFETY AND SECURITY ..... 1-4 283100 FIRE DETECTION AND ALARM.......................................................................1-11 DIVISION 29 — 30 (NOT USED) 311000 SITE CLEARING ..................... ................................................................... ......... 1-4 312000 EARTH MOVING .................... ............................................................................. 1-8 312319 DEWATERING....................................................................................................1-2 01 kyj• - •- --• 321216 ASPHALT PAVING..............................................................................................1-5 321313 CONCRETE PAVING .......................... ......................................................... ....... 1-5 DIVISION 33 — UTILITIES 334100 STORM UTILITY DRAINAGE PIPING ................ ................................................. 1-6 ADDENDUM NO. 1, dated 7/31/14........................................................................................... 1-17 TABLE OF CONTENTS 4 WWTP Maintenance Facility 3401 N. Ten Mile, Meridian, s CONSTRUCTION DRAWINGS SHEET # DESCRIPTION DATED A100 A100 - Wall and Horizontal Assembly Details 07/18/2014 A101 A101 - Floor Plan 07/18/2014 A102 A102 - Mezzanine Floor Plan 07/18/2014 A110 A111 A201 A110 - Roof Plan A111 - Roof Details A201 - Exterior Elevations 07/18/2014 07/18/2014 07/18/2014 A301 A301 - Building Sections 07/18/2014 A401 A501 A401 - Stair Plans and Details A501 - Finish Plan 07/18/2014 07/18/2014 A601 A601 - Door and Window Schedules and Details 07/18/2014 A901 C1-101 A901 - Reflected Ceiling Plan C1-101 Site Demolition Plan 07/18/2014 07/18/2014 C3-101 C3-101 Site Plan 07/18/2014 C7-101 C7-101 Site Plan 07/18/2014 E001 E001 - Legends & Schedules 07/18/2014 E002 E002 - One -Line Diagram 07/18/2014 E003 E003 - Panel Schedules 07/18/2014 E100 E100 - Electrical Site Plan 07/18/2014 E201 E201 - First Floor Lighting Plan 07/18/2014 E202 E202 - Mezzanine Lighting Plan 07/18/2014 E203 E203 - Lighting Compliance Forms 07/18/2014 E301 E301 - First Floor Power Plan 07/18/2014 E302 E302 - Mezzanine Power Plan 07/18/2014 E401 E401- Special Systems Plan 07/18/2014 G101 G101 - Architectural Cover Sheet 07/18/2014 G102 G103 G102 - Code Plan G103 - Mezzanine Code Plan 07/18/2014 07/18/2014 MOW M001 - Mechanical Schedules & Le ends 07/18/2014 M100 M100 - First Floor HVAC Plan 7/18/2014 M101 M101 - Mezzanine HVAC Plan 7/18/2014 M200 M200 - Enlarged Plans and Sections 7/18/2014 M300 M300 - HVAC Details 7/18/2014 M400 M400 - Energy Compliance 7/18/2014 P001 P001 - Plumbing Schedules and Legends 7/18/2014 P100 P100 - Plumbinq Waste & Vent Plans 7/18/2014 P200 P200 -Plumbin Water & Gas Plan 7/18/2014 P300 P300 - Plumbing Details 7/18/2014 S001 S001 - General Structural Notes 7/18/2014 S101 S101 - Foundation Plan 7/18/2014 S102 S102 - Mezzanine Framinq Plan 7/18/2014 S103 S103 - Roof Framing Plan 7/18/2014 S201 S201 - Foundations Details 7/18/2014 S202 S202 - Wall Framing & Mezzanine Details 7/18/2014 S203 S301 S203 - Roof Framing Details S301 - Building Sections 7/18/2014 7/18/2014 ----------------o z j u) v2 IL U N m J O% �-- CIL LonVm) ______________________Q__�@_____S7___________ p]� Dc N` ------------------ (1)m L J� (� cy t- ._ CD --�- S ``.ty__v------------------------ �_-______'_______- r----- C-' O a) 1_- _ L C.-..------- Im- 2M+ �- m iq a� E c a2 m m m m c 0 0 m m c c 2i p CO -- -'-CR n> -- _ —_ � Y m a) O o U CL w 0! m W m n m o c c -- O- m O -.a ________N. 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IL F C 0 -;0 > 'C LL LL 0 Q .LU O U imm-19011 NOR •z NIN ZINO I Lei Contractors and Subcontractors shall provide evidence that the following minimum coverage is provided. Commercial General Liability (ISO Form CG0001 (10/01) or Equivalent) • $2,000,000 General Aggregate • $2,000,000 Products/Completed Operations Aggregate • $1,000,000 Each Occurrence • $1,000,000 Personal Injury and Advertising Injury • $ 100,000 Fire Damage Liability • $ 5,000 Medical Expenses — Each Person o Limits must be on a "Per Project Aggregate". o City of Meridian and Beniton Construction Company must be listed as additional insured (ISO Form CG2010 (11/85), or CG2010 (10/01) and CG2037 (10/01), or Equivalent). A copy of the endorsement adding Beniton Construction Company shall be included with the certificate of insurance. o Completed operations coverage will remain in effect for 2 years after project completion. Business Automobile Liability • $1,000,000 Each Occurrence Worker's Compensation and Emplovers Liabilitv Insurance • Statutory Limits • Employers Liability o $1,000,000 Each Accident o $1,000,000 Policy Limits o $1,000,000 Each Employee Excess Liability • $1,000,000 For Architects, Engineers, Surveyors, & Testing Firms: Professional Liability (Errors and Omissions) — Continued for Two (2) Years After Project Completion • $1,000,000 per claim and $2,000,000 aggregate for annual claims made coverage OR • $1,000,000 project coverage Certificate of Insurance must be project specific. Please provide written documentation in regards to your insurance contract(s) cancellation terms. Insurance is to be Primary & Non -Contributory to any liability insurance carried by Beniton Construction Co., Inc. and City of Meridian. Waiver of Subrogation applies in favor of Beniton Construction Co., Inc. and City of Meridian. eTRAKiT Home I Setup an Account I Log In PubhC Username Passvrord LOGIN l_.l REMEMBER ME Forgot PasswordfUsername Permits Apply Search Pay Fees Licenses Search Trade Licenses Search Public Works Inspections Schedule Cancel Elevators Search Elevators Violations Search Shopping Cart Pay All Fees Contact Contact us Page 1 of 1 Public Works Search `` Search Again Download Results Pilntahie View BSR Ventures, LLC dba Advanced Heating & I PWC -C-10869 115700 14 I B I ACTIVE E First Prev; Page: 1 of 1 Next ?Lad Details - License Number: PWC -C-10869 Lic Info Registration M PWC -C-10869 Issue: 4/16/2014 Expire: 4/30/2015 Type: PUBLIC WORKS Sub -Type: B Status: ACTIVE Company: BSR Ventures, LLC dba Advanced Heating & Phone: (208) 846-9100 Cell: (208) 941-1955 Pager: Fax: (208)846-9200 Owner Name: The Division of Building Safety, makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this website indicates understanding and acceptance of this statement. 1-800-955-3044, 1090 E Walertower Sl, Suite 150 Meridian ID 83642 HOME ICON TACT https://web.dbs.idaho.gov/eTRAKiT3/Custom/ldaho PublicWorksSearchRslts.aspx 10/2/2014 PublicWorks Search APrint Page 1 of 1 Company License Work License License APPlicnOwner Com an Com an StatusName Comp Company Ex irationParent Name Number CateeoryTy PC ClassAddress C State Zip Code Date License Number BSR BSR Ventures, PWC -C- Ventures, 721 N (208) LLC dba 10869 15700 4 B ACTIVE LLC dba Ralstin MERIDIAN ID 83642 846- 4/30/2015 Advanced Advanced Place 9100 Healing & Heating & https://web.dbs.idaho.gov/eTRAKiT3/Custom/ldaho PublieWorksPrint.aspx 10/2/2014 IDSOS Viewing Business Entity Page 1 of I IDAHO SECRETARY OF STATE Viewing Business Entity Ben Ysursa, Secretary of State New Search Back to Summary Monitor ADVANCED HEATING & COOLING business filings 1. ADVANCED HEATING & COOLING 1120 WARM SPRINGS AVE BOISE, ID 83712 Type of Business: ASSUMED BUSINESS NAME Status. CURRENT, CURRENT 29 Aug 2005 State of Origin: IDAHO Date of 29 Aug 2005 Origination/Authorization: File Number: D91132 Filed 29 Aug 2005 ORIGINAL FILING Idaho Secretary of State`s Main Pa e [Help Me Print/View TIFF ] View jn2�1e PDF format4 View Image TIFF format] 12611�!Klm Comments, questions or suggestions can be emailed to: sosinfo@sosJdahqgov http://www.accessidaho.org/public/sos/corp/D91132.html 10/2/2014 SAIA DocumentA132 TM -2009 Standard Form of Agreement Between Owner and Contractor,Construction Manager as Adviser Edition AGREEMENT made as of the 26th day of August in the year 2014 (In words, indicate day, month and year:) ADDITIONS AND DELETIONS: BETWEEN the Owner: The author of this document has added information needed for its (Name, legal status, address and other it formation) completion. The author may also have revised the text of the original City of Meridian AIA standard form. An Additions and 33 E. Broadway Deletions Report that notes added Meridian, ID 83642 information as well as revisions to the standard form text is available from and the Contractor: the author and should be reviewed. A (Natne, legal status, addt-ess and other information) vertical line in the left margin of this document indicates where the author Northwest Sales & Distribution has added necessary information 3828 East Flamingo Ave. and where the author has added to or Nampa, ID 83687 deleted from the original AIA text. This document has important legal for the following Project: consequences. Consultation with an (Natne, location and detailed description) attorney is encouraged with respect to its completion or modification. City of Meridian Waste Water Treatment Plant Maintenance Shop 3401 N. Ten Mile Road This document is intended to be used Meridian, ID 83642 in conjunction with AIA Documents A232TM-2009, General Conditions of The Construction Manager: the Contract for Construction, (Name, legal status, address and other information) Construction Manager as Adviser Edition; B132TM-2009, Standard Beniton Construction Co., Inc. Form of Agreement Between Owner and Architect, Construction Manager P.O. Box 838 as Adviser Edition; and Meridian, ID 83680 C132TM-2009, Standard Form of Agreement Between Owner and The Architect: Construction Manager as Adviser. (Name, legal status, address and other information) AIA Document A232TM-2009 is CTA, Inc. adopted in this document by 800 West Main Street, Suite 800 reference. Do not use with other Boise, ID 83702 general conditions unless this document is modified. The Owner and Contractor agree as follows. AIA Document A132T' — 2009 `formerly A101 TMCMe —1992). Copyright © 1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. 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 t the law. This document was produced by AIA software at 13:15:39 on 08/29/2014 under Order No.5637907229 1 which expires on 01/06/2015, and is not for resale. — User Notes: (1129542986) TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 6 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS 10 INSURANCE AND BONDS 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, all of which 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 fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. Bid Package #16: Window Coverings —Provide all labor, materials, tools and equipment necessary to complete the Window Coverings in accordance with Project Plans, Specifications, Addendum No. 1, and the Bid Form for BP #16. Note: All required forms, information and insurances must be completed and submitted to Beniton Construction before commencement of any work including but not limited to the Request for Contract Information, MSDS, safety program, a list of suppliers and subcontractors, and any additional forms as requested in the specifications. Provide submittals electronically if available, or one (1) clean copy (able to scan); some exceptions may apply. Samples and color charts must be provided separately. Contractor shall provide (2) full size copies of approved shop drawings to Beniton. Contractor is responsible to pay all applicable taxes, which are included in the contract price. Contractor is required to provide three (3) hard copies and one (1) electronic copy of closeout information (O&M Manuals, Warranties, etc.) and one (1) complete set of Record Drawings, as requested prior to substantial completion. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be the date of this Agreement 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. (Insert the date of commencement, if it differs from the date of this Agreement or, if applicable, state that the date will be fixed in a notice to proceed.) If, prior to the commencement of the Work, the Owner requires time to file mortgages, mechanics' liens and other security interests, the Owner's time requirement shall be as follows: N/A AIA Document A132T'" — 2009 formerly All 01 TMCMa —1992). Copyright © 1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AEA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced by AIA software at 13:15:39 on 08/29/2014 under Order No.5637907229 1 which expires on 01/06/2015, and is not for resale. User Notes: (1129542986) § 3.2 The Contract Time shall be measured from the date of commencement. § 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than ( ) days from the date of commencement, or as follows: (Insert number- of calendar days. Alternatively, a calendar•• date may be used when coordinated with the date of commencement. If appropriate, insert requirements for earlier Substantial Completion of certain portions of the Work.) Per Exhibit "C" Portion of the Work Substantial Completion Date BP #16: Window Coverings Match 27, 2015 , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to faihav to achieve Substantial Completion on tithe or for bonus paytnents for early completion of the Work.) I Per Supplementary Conditions ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be one of the following: (Check the appropriate boa:) [ X ] Stipulated Sum, in accordance with Section 4.2 below [ ] Cost of the Work plus the Contractor's Fee without a Guaranteed Maximum Price, in accordance with Section 4.3 below [ ] Cost of the Work plus the Contractor's Fee with a Guaranteed Maximum Price, in accordance with Section 4.4 below (Based on the selection above, complete Section 4.2, 4.3 or 4.4 below. Based on the selection above, also complete either Section 5.1.4, 5.1.5 or 5.1.6 below.) § 4.2 Stipulated Sum § 4.2.1 The Stipulated Sum shall be Eight Hundred Forty and No/100 Dollars ($ 840.00 ), subject to additions and deletions as provided in the Contract Documents. § 4.2.2 The Stipulated Sum is based on the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other- identification of accepted alternates. If the bidding or proposal documents permit the Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires.) N/A § 4.2.3 Unit prices, if any: (Identify and state the unitprice, and state the quantity) limitations, if any, to which the unit price will be applicable.) Item N/A Units and Limitations Price per Unit ($0.00) § 4.2.4 Allowances included in the Stipulated Sum, if any: (Identify allowance and state exclusions, if any, f onr the allowance price.) AIA Document A132TIl — 2009formerly At 01 TMCMa — 1992). Copyright © 1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights [nit. reserved. WARNING This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this MAO Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the nmximurn extent possible under t the law. This document was produced by AIA software at 13:15:39 on 08/29/2014 under Order No.5637907229 1 which expires on 01/06/2015, and is not for resale. User Notes: (1129542986) Item N/A Allowance § 4.3 Cost of the Work Plus Contractor's Fee without a Guaranteed Maximum Price This section has been deleted as it does not apply to this "Stipulated Sum" contract (See Paragraph 4.2) (Paragraph deleted) (Table deleted) (Paragraphs deleted) § 4.4 Cost of the Work Plus Contractor's Fee with a Guaranteed Maximum Price This section has been deleted as it does not apply to this "Stipulated Sum" contract (See Paragraph 4.2) (Pcn-agraphs deleted) (Table deleted) (Paragraphs deleted) (Table deleted) (Pa)-agraphs deleted) ARTICLE 5 PAYMENTS § 5.1 Progress Payments § 5.1.1 Based upon Applications for Payment submitted to the Construction Manager by the Contractor, and upon certification of the Project Application and Project Certificate for Payment or Application for Payment and Certificate for Payment by the Construction Manager and Architect and issuance by the 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. § 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month. § 5.1.3 Provided that an Application for Payment is received by the Construction Manager not later than the 25th day of a month, the Owner shall make payment of the certified amount in the Application for Payment to the Contractor not later than the 30th 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 sixty ( 60 ) days after the Construction Manager receives the Application for Payment. (Federal, state or local Imvs may require payment within a certain pei-iod of time.) § 5.1.4 Progress Payments Where the Contract Sum is Based on a Stipulated Sum § 5.1.4.1 Each Application for Payment shall be based on the most recent 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 and 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. § 5.1.4.2 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5.1.4.3 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .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 7.3.9 of the General Conditions; .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 five percent ( 5 %); .3 Subtract the aggregate of previous payments made by the Owner; and Init. AIA Document A132TM — 2009 (formerly A101 T'�'CMa — 1992). Copyright © 1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA` Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 4 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 t the law. This document was produced by AIA software at 13:15:39 on 08/29/2014 under Order No.5637907229 1 which expires on 01/06/2015, and is not for resale. User Notes: (1129542986) .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. § 5.1.4.4 The progress payment amount determined in accordance with Section 5.1.4.3 shall be further modified under the following circumstances: .1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to ninety-five percent ( 95 %) of the Contract Sum, less such amounts as the Construction Manager recommends and the Architect determines for incomplete Work and unsettled claims; and .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. § 5.1.4.5 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 resultingfi-om the percentages inserted in Sections 5.1.4.3.1 and 5.1.4.3.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) N/A § 5.1.5 Progress Payments Where the Contract Sum is Based on the Cost of the Work without a Guaranteed Maximum Price This section has been deleted as it does not apply to this "Stipulated Sum" contract (See Paragraph 5.1.4) (Paragraphs deleted) § 5.1.6 Progress Payments Where the Contract Sum is Based on the Cost of the Work with a Guaranteed Maximum Price This section has been deleted as it does not apply to this "Stipulated Sum" contract (See Paragraph 5.1.4) (Paragraphs deleted) § 5.2 Final Payment § 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2 of AIA Document A232-2009, and to satisfy other requirements, if any, which extend beyond final payment; .2 the Contractor has submitted a final accounting for the Cost of the Work, pursuant to Exhibit A, Determination of the Cost of the Work when payment is on the basis of the Cost of the Work, with or without a Guaranteed Maximum payment; and .3 a final Certificate for Payment or Project Certificate for Payment has been issued by the Architect; such final payment shall be made by the Owner not more than 30 days after the issuance of the final Certificate for Payment or Project Certificate for Payment, or as follows: ARTICLE 6 DISPUTE RESOLUTION § 6.1 Initial Decision Maker The Architect will serve as Initial Decision Maker pursuant to Section 15.2 of AIA Document A232-2009, unless the parties appoint below another individual, not a party to this Agreement, to serve as Initial Decision Maker. (If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if other than the Architect) § 6.2 Binding Dispute Resolution For any Claim subject to, but not resolved by, mediation pursuant to Section 15.3 of AIA Document A232-2009, the method of binding dispute resolution shall be as follows: (Check the appropriate box. If the Owner and Contractor do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court of competent jurisdiction.) AIA Document A132M — 2009 formerly A101 TMCMa —1992). Copyright© 1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and Intern atio n at '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 t the law. This document was produced by AIA software at 13:15:39 on 08/29/2014 under Order No.5637907229 1 which expires on 01/06/2015, and is not for resale. User Notes: (1129542986) [ ] Arbitration pursuant to Section 15.4 of AIA Document A232-2009 [ X ] Litigation in a court of competent jurisdiction. [ ] Other: (Specify) ARTICLE 7 TERMINATION OR SUSPENSION § 7.1 Where the Contract Sum is a Stipulated Sum § 7.1.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A232-2009. § 7.1.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A232-2009. § 7.2 Where the Contract Sum is Based on the Cost of the Work with or without a Guaranteed Maximum Price This section has been deleted as it does not apply to this "Stipulated Sum" contract (See Paragraph 7.1) (Paragraphs deleted) ARTICLE 8 MISCELLANEOUS PROVISIONS § 8.1 Where reference is made in this Agreement to a provision of AIA Document A232-2009 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 8.2 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.) (Paragraph deleted) § 8.3 The Owner's representative: (Warne, address and other information) Beniton Construction Co., Inc. Bryce Parker P.O. Box 838 Meridian, ID 83680 § 8.4 The Contractor's representative: (Name, address and other information) Northwest Sales & Distribution Chad Reynolds 3828 East Flamingo Ave. Nampa, ID 83687 § 8.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. § 8.6 Other provisions: N/A ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated in the sections below. § 9.1.1 The Agreement is this executed AIA Document A132-2009, Standard Form of Agreement Between Owner and Contractor, Construction Manager as Adviser Edition. AIA Document A132T'" — 2009 `rformerly A101 TMCMa —1992). Copyright ©1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AW 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 t the law. This document was produced by AIA software at 13:15:39 on 08/29/2014 under Order No.5637907229_1 which expires on 01/06/2015, and is not for resale. User Notes: (1129542986) § 9.1.2 The General Conditions are, AIA Document A232-2009, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition. § 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual, per attached Exhibit "A". (Table deleted) § 9.1.4 The Specifications: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Per Exhibit "A" (Table deleted) § 9.1.5 The Drawings: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Per Exhibit "B" (Table deleted) § 9.1.6 The Addenda, if any: Number Date Pages Per Exhibit "A" 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 Additional documents, if any, forming part of the Contract Documents are: .1 (Paragraphs deleted) Other documents, if any, listed below: (List here arty additional documents which are intended to form part of the Contract Documents. AIA DocumentA232 2009 provides that bidding requirements such as adver•tisentent or invitation to bid, Instructions to Bidders, sample for-rns 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.) * Exhibit "I" and Sample Certificate — Insurance Requirements * Request for Contract Information * "-5 Form Affidavit Concerning Taxes * Application for Payment and Schedule of Values ARTICLE 10 INSURANCE AND BONDS The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article 11 of AIA Document A232-2009. (State bonding requirements, if any, and limits of liability for insurance required in Article I1 ofAIA Document A232-2009.) Type of Insurance or Bond Limit of Liability or Bond Amount Insurance per attached Exhibit "I" Payment & Performance Bonds 100% of the Contract Amount (see Supplementary Instructions to Bidders for delivery requirement) AIA Document A132TM — 2009 formerly A101 T11CMa —1992). Copyright © 1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. 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 passible under t the law. This document was produced by AIA software at 13:15:39 on 08/29/2014 under Order No.5637907229 1 which expires on 01/06/2015, and is not for resale. User Notes: (1129542986) This Agreement is entered into as of the day and year first written aboy F ; x' OWNER (Signature) CO TOR` ignatt&e y (Printed name and title) (Printed name and title) AIA Document A132TM — 2009 formerly A101 TMCMa —1992). Copyright© 1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 8 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 t the law. This document was produced by AIA software at 13:15:39 on 08/29/2014 under Order No.5637907229_1 which expires on 01/06/2015, and is not for resale. User Notes: (1129542986) Meridian Wastewater Treatment Plant (MWWTP) 5/14 Maintenance Facility Invitationto Bid ............. ............................... .................................................................1-1 Noticeto Bidders ................................................ .......................................... ................ 1-4 AIA A701 Instructions to Bidders...................................................................................1-6 Supplemental Instructions to Bidders ...................... ................. .................................... 1-4 BidForm Table of Contents ........................ .......................... ........................................1-1 BidForms...................................................................................................................1-40 ProjectSchedule ...................................... ........ ................... ....................................... ..1-3 AIA All 32 Standard Form of Agreement Between Owner and Contractor .....................1-8 Supplementto Agreement .............. ......... .............. ........... ............ ................ ................ 1-2 AIA A232 General Conditions of the Contract.............................................................1-43 Supplementary Conditions .............................. ............. ................................................. 1-5 Exhibit I — Insurance Requirements................................................... .......................... 1-1 Contractor's Affidavit Concerning Taxes .............. .............. ........................................... 1-1 Public Works Contract Tax Report (WH -5) ........... ........................................................ 1-2 SPECIFICATIONS DIVISION 01 — GENERAL REQUIREMENTS 011000 SUMMARY OF WORK........................................................................................1-2 012300 ALTERNATES.....................................................................................................1-1 012900 PRICE AND PAYMENT PROCEDURES.............................................................1-4 013100 PROJECT MANAGEMENT AND COORDINATION.............................................1-4 013300 SUBMITTAL PROCEDURES............................................................ ................... 1-2 014200 REFERENCES....................................................................................................1-4 014500 QUALITY CONTROL...........................................................................................1-4 015000 TEMPORARY FACILITIES AND CONTROLS.....................................................1-9 016000 PRODUCT REQUIREMENTS .............. ............................................................... 1-2 FORM SUBSTITUTION REQUEST FORM.....................................................................1-1 017300 EXECUTION........................................................................................................1-6 017320 CUTTING AND PATCHING....................................................... .......................... 1-3 017700 CLOSEOUT PROCEDURES ............................... ................................................ 1-6 DIVISION 02 — EXISTING CONDITIONS 024116 STRUCTURE DEMOLITION...................................................... .......................... 1-5 DIVISION 03 — CONCRETE 033000 CAST -IN-PLACE CONCRETE ................................. ................................... ....... 1-12 033543 POLISHED CONCRETE FINISHING...................................................................1-2 DIVISION 04 — MASONRY 042200 CONCRETE UNIT MASONRY ............................... ........................................... 1-13 TABLE OF CONTENTS 1 Meridian Wastewater Treatment Plant (MWWTP) 5/14 Maintenance Facility DIVISION 05 — METALS 051200 STRUCTURAL STEEL FRAMING ...................................... ............. ............ ........ 1-6 052100 STEEL JOIST FRAMING........................................................ ............................. 1-4 053100 STEEL DECKING................................................................................................1-5 054000 COLD -FORMED METAL FRAMING ....................................... ............................. 1-8 055000 METAL FABRICATIONS ........................................ ............. ................................ 1-6 055119 METAL GRATING STAIRS..................................................................................1-4 055213 PIPE AND TUBE RAILINGS ............................. ....................... ............................ 1-5 DIVISION 06 — WOOD, PLASTICS, AND COMPOSITES 061053 MISCELLANEOUS ROUGH CARPENTRY.........................................................1-2 DIVISION 07 — THERMAL AND MOISTURE PROTECTION 071113 BITUMINOUS DAMPROOFING...........................................................................1-3 072100 THERMAL INSULATION... .................................................................................. 1-4 074113.16 STANDING -SEAM METAL ROOF PANELS .................... .................................... 1-7 074213.53 METAL SOFFIT PANELS....................................................................................1-5 077253 SNOW GUARDS.................................................................................................1-2 079200 JOINT SEALANTS...............................................................................................1-7 Loj �, 15• O 1 IRTer- 081113 HOLLOW METAL DOORS AND FRAMES..........................................................1-7 083113 ACCESS DOORS AND FRAMES........................................................................1-3 083323 OVERHEAD COILING DOORS .................................................... ....................... 1-6 086200 UNIT SKYLIGHTS...............................................................................................1-3 087111 DOOR HARDWARE (DESCRIPTIVE SPECIFICATION)..................................1-12 088000 GLAZING.............................................................................................................1-7 • I 1 0 092216 NON-STRUCTURAL METAL FRAMING..............................................................1-5 092900 GYPSUM BOARD ................ ................................................... ............................ 1-3 093013 SF CERAMIC TILING ..................... ............................................................ 1-7 095123 ACOUSTICAL TILE CEILINGS............................................................................1-3 096513 RESILIENT BASE AND ACCESSORIES.............................................................1-3 099113 EXTERIOR PAINTING.........................................................................................1-3 099123 INTERIOR PAINTING .............................. ........................................................ .... 1-4 DIVISION 10 — SPECIALTIES 102600 WALL AND DOOR PROTECTION ............................................... ........... ............. 1-2 102800 TOILET, BATH, AND LAUNDRY ACCESSORIES...............................................1-3 104416 FIRE EXTINGUISHERS ......................................... ............................................. 1-3 105113 METAL LOCKERS...............................................................................................1-5 DIVISION 11 — EQUIPMENT NOT USED DIVISION 12 — FURNISHINGS 122113 HORIZONTAL LOUVER BLINDS........................................................................1-3 123623.13 PLASTIC -LAMINATE -CLAD COUNTERTOPS ............... ..................................... 1-4 TABLE OF CONTENTS 2 Meridian Wastewater Treatment Plant (MWWTP) 5/14 Maintenance Facility DIVISION 13 — SPECIAL CONSTRUCTION NOT USED DIVISION 14 — CONVEYING EQUIPMENT NOT USED • 221113 FACILITY WATER DISTRIBUTION PIPING........................................................1-7 221116 DOMESTIC WATER PIPING...............................................................................1-7 GENERAL -DUTY VALVES FOR PLUMBING AND HVAC PIPING......................1-5 221119 DOMESTIC WATER PIPING SPECIALTIES.......................................................1-8 SEISMIC CONTROLS FOR PLUMBING AND HVAC ................. ......................... 221123 DOMESTIC WATER PUMPS..............................................................................1-4 IDENTIFICATION FOR PLUMBING AND HVAC PIPING AND EQUIPMENT ...... 221313 FACILITY SANITARY SEWERS .................................................... ...................... 1-5 221316 SANITARY WASTE AND VENT PIPING...........................................................1-16 HVAC INSULATION............................................................................................1-9 221319 SANITARY WASTE PIPING SPECIALTIES ..... ................................................... 1-8 221513 GENERAL -SERVICE COMPRESSED -AIR PIPING...........................................1-10 METAL DUCTS.................................................................................................1-13 221519 GENERAL -SERVICE PACKAGED AIR COMPRESSORS AND RECEIVERS ..... 1-9 223400 FUEL -FIRED DOMESTIC WATER HEATERS.....................................................1-7 HVAC POWER VENTILATORS ....................... .................................................... 224000 PLUMBING FIXTURES.....................................................................................1-11,. DIFFUSERS, REGISTERS, AND GRILLES.........................................................1-3 224500 EMERGENCY PLUMBING FIXTURES.......................................................... ...... 1-5 224700 DRINKING FOUNTAINS AND WATER COOLERS ..... ....................................... 1-5 DIVISION 23 — HVAC 230500 COMMON WORK RESULTS FOR PLUMBING AND HVAC..............................1-11 230523 GENERAL -DUTY VALVES FOR PLUMBING AND HVAC PIPING......................1-5 230549 SEISMIC CONTROLS FOR PLUMBING AND HVAC ................. ......................... 1-6 230553 IDENTIFICATION FOR PLUMBING AND HVAC PIPING AND EQUIPMENT ...... 1-4 230593 TESTING, ADJUSTING, AND BALANCING FOR HVAC.....................................1-5 230700 HVAC INSULATION............................................................................................1-9 231123 FACILITY NATURAL-GAS PIPING ......................................... ........................... 1-17 233113 METAL DUCTS.................................................................................................1-13 233300 AIR DUCT ACCESSORIES...............................................................................1-10 233423 HVAC POWER VENTILATORS ....................... .................................................... 1-6 233713 DIFFUSERS, REGISTERS, AND GRILLES.........................................................1-3 233813 COMMERCIAL -KITCHEN HOODS .................... .................................................. 1-5 234100 PARTICULATE AIR FILTRATION., ...................................................................... 1-2 235100 BREECHINGS, CHIMNEYS, AND STACKS........................................................1-3 235400 FURNACES.........................................................................................................1-6 235533 FUEL -FIRED UNIT HEATERS.............................................................................1-4 236200 PACKAGED COMPRESSOR AND CONDENSER UNITS...................................1-4 237423 PACKAGED, INDIRECT -FIRED, INDOOR, HEATING -ONLY MAKEUP -AIR UNITS................................................................................................................. 1-9 TABLE OF CONTENTS 3 Meridian Wastewater Treatment Plant (MWWTP) 5/14 Maintenance Facility D(NOT USED) DIVISION• TZILLSAkl 260500 COMMON WORK RESULTS FOR ELECTRICAL ..................... .......................... 1-5 260519 LOW -VOLTAGE ELECTRICAL POWER CONDUCTORS AND CABLES ............ 1-3 260526 GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS ...........................1-4 260529 HANGERS AND SUPPORTS FOR ELECTRICAL SYSTEMS.............................1-4 260533 RACEWAYS AND BOXES FOR ELECTRICAL SYSTEMS................................1-10 260553 IDENTIFICATION FOR ELECTRICAL SYSTEMS...............................................1-6 260573 OVERCURRENT PROTECTIVE DEVICE COORDINATION AND ARC FLASH STUDY................................................................................................................1-7 262200 LOW -VOLTAGE TRANSFORMERS....................................................................1-4 262416 PANELBOARDS..................................................................................................1-6 262726 WIRING DEVICES ............................................ ................................................... 1-5 262813 FUSES................................................................................................................1-3 262816 ENCLOSED SWITCHES AND CIRCUIT BREAKERS.........................................1-5 262913 ENCLOSED CONTROLLERS.............................................................................1-5 265100 INTERIOR LIGHTING..........................................................................................1-8 DIVISION 27 — COMMUNICATIONS 270500 COMMON WORK RESULTS FOR COMMUNICATIONS....................................1-4 271100 COMMUNICATIONS EQUIPMENT ROOM FITTINGS........................................1-5 271300 COMMUNICATIONS BACKBONE CABLING ..................................................... .1-8 271500 COMMUNICATIONS HORIZONTAL CABLING.................................................1-10 DIVISION 28 — ELECTRONIC SAFETY AND SECURITY 280500 COMMON WORK RESULTS FOR ELECTRONIC SAFETY AND SECURITY ..... 1-4 283100 FIRE DETECTION AND ALARM ....... ................................................................ 1-11 DIVISION 29 — 30 (NOT USED) • •1 311000 SITE CLEARING .............................. .......... ......................................................... 1-4 312000 EARTH MOVING ... .............................................. ................................................ 1-8 312319 DEWATERING... ........................................ ..................... .............................. ... 1-2 offyi •_ --• 321216 ASPHALT PAVING ................................. ............................................................. 1-5 321313 CONCRETE PAVING..........................................................................................1-5 DIVISION 33 — UTILITIES 334100 STORM UTILITY DRAINAGE PIPING ..................... ............................................ 1-6 ADDENDUM NO. 1, dated 7/31/14........................................................................................... 1-17 TABLE OF CONTENTS 4 WWTP Maintenance Facility 3401 N. Ten Mile, Meridian,.4 Exhibit "B" CONSTRUCTION DRAWINGS SHEET # A100 DESCRIPTION A100 - Wall and Horizontal Assembly Details DATED 07/18/2014 A101 A101 - Floor Plan 07/18/2014 A102 A102 - Mezzanine Floor Plan 07/18/2014 A110 A110 - Roof Plan 07/18/2014 A111 A111 - Roof Details 07/18/2014 A201 A201 - Exterior Elevations 07/18/2014 A301 A301 - Building Sections 07/18/2014 A401 A401 - Stair Plans and Details 07/18/2014 A501 A501 - Finish Plan 07/18/2014 A601 A601 - Door and Window Schedules and Details 07/18/2014 A901 A901 - Reflected Ceiling Plan 07/18/2014 C1-101 C1-101 Site Demolition Plan 07/18/2014 C3-101 C3-101 Site Plan 07/18/2014 C7-101 C7-101 Site Plan 07/18/2014 E001 E001 - Legends & Schedules 07/18/2014 E002 E002 - One -Line Diagram 07/18/2014 E003 E003 - Panel Schedules 07/18/2014 E100 E100 - Electrical Site Plan 07/18/2014 E201 E201 - First Floor Lighting Plan 07/18/2014 E202 E202 - Mezzanine Lighting Plan 07/18/2014 E203 E203 - Lighting Compliance Forms 07/18/2014 E301 E301 - First Floor Power Plan 07/18/2014 E302 E302 - Mezzanine Power Plan 07/18/2014 E401 E401- Special Systems Plan 07/18/2014 G101 G101 -Architectural Cover Sheet 07/18/2014 G102 G102 - Code Plan 07/18/2014 G103 G103 - Mezzanine Code Plan 07/18/2014 M001 M001 - Mechanical Schedules & Legends 07/18/2014 M100 M100 - First Floor HVAC Plan 7/18/2014 M101 M101 - Mezzanine HVAC Plan 7/18/2014 M200 M200 - Enlarged Plans and Sections 7/18/2014 M300 M300 - HVAC Details 7/18/2014 M400 M400 - Energy Compliance 7/18/2014 P001 P001 - Plumbing Schedules and Legends 7/18/2014 P100 P100 - Plumbing Waste & Vent Plans 7/18/2014 P200 P200 - Plumbing Water & Gas Plan 7/18/2014 P300 P300 - Plumbing Details 7/18/2014 S001 S001 - General Structural Notes 7/18/2014 S101 S101 - Foundation Plan 7/18/2014 S102 S102 - Mezzanine Framing Plan 7/18/2014 S103 S103 - Roof Framing Plan 7/18/2014 S201 S201 - Foundations Details 7/18/2014 S202 IS202 - Wall Framing & Mezzanine Details 7/18/2014 S203 IS203 - Roof Framing Details 7/18/2014 S301 IS301 - Building Sections 7/18/2014 C 0 m U U) U M C O U U X w c E 0 Q E LL >0-1 rec (0 c(D G 0 S 'a------------- E U- _ � U a '� z -c------------------------------- vi ui 0. ° a) W )ri h U), N c r r )(j q Q r U = r _ Q ° 0 3 .ca m N r a ! in U) C_____ m ------------------------ ____ ----- _ a r ____ �_,._______J w ____________ t? 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O O 0 U r O ® co 4J 0 : N O co O N O N to O LO O 0 W O M O N N M M M N N N M M O O M M 1 Lo to Lr) U E � E C s? ; 'o a) E -r .. Q N m m E c E �! .S '� m LU rn "U LL c 5 .m C m E su - acn N dS .0 NOL LL C (7 E C y ', Q 06 LL: - 7 LL N O m a) � C N y.. O O tS 4= O: (o O 3 ❑ C (n d o N C E O) C N Q U; a) : a7 O C L •5 A C O m : U) 4) -'. C - N � y O N ❑ c� .1 ` ` m LL to ll' O : To: � U ! otS -, m m -C LL O LL m x >, C7 .� > •i-( !. LL O O) N � --I ❑ %m., 'o O LL : a) C i/) L C >. C 0) y o U a) C .— U a7 C m C 'a E L o5 ',,. m a) 1= E O!� 0 C OEi @, E y ocL o) �'� ami U m �°,°o m'' E c❑ _ to � a)'rn'Q 06 L 2 C,) CL - E lY 7 7 � C 7 W ", ❑ CO LL 'I O .m tr CL tom-. �- a) :. v � . °O ! •C L s N O_ _ .(a 06 O) N 0 C- U O C ; .D pp O U U ❑ O ' U W U N >m O) U W . LL > C C ® a) r a m E o c L o v a m v E 'w O) c m U o Q o- E a) o c c - in m a x o U) a D o o m m U m N S 7 m m F a .5 m U - a m m a - - m w W m x o. > p x > '� o U o E E° c 3 3 iL O O C x _. a H ❑ ',... > Y ` O O O W O O O -. O) O O O O O LL m O O O Lo O O O Lo O O to O Q.... �. 0 O M O O NS O O O O ', V In jj� 5 N co V O N C m o " N a) O N N M" d' N N (O m O O O j O O! N O N_ m N N m m .� p, M_ co M ED Eo m,E M V V' V' m m m m V , m''C .G N tf) m m N_ N m m to N_ N : u7 to : N_ (o i Nu —j N N N 004 04 -i wl,c c O m m m m m m m m c a n L 0 LU LL LL a a� O U P • • • •'611 N :111919 • Kate] Contractors and Subcontractors shall provide evidence that the following minimum coverage is provided. Commercial General Liability (ISO Form CG0001 (10/01) or Equivalent) • $2,000,000 General Aggregate • $2,000,000 Products/Completed Operations Aggregate • $1,000,000 Each Occurrence • $1,000,000 Personal Injury and Advertising Injury • $ 100,000 Fire Damage Liability • $ 5,000 Medical Expenses — Each Person o Limits must be on a "Per Project Aggregate". o City of Meridian and Beniton Construction Company must be listed as additional insured (ISO Form CG2010 (11/85), or CG2010 (10/01) and CG2037 (10/01), or Equivalent). A copy of the endorsement adding Beniton Construction Company shall be included with the certificate of insurance. o Completed operations coverage will remain in effect for 2 years after project completion. Business Automobile Liability • $1,000,000 Each Occurrence Worker's Compensation and Emplovers Liabilitv Insurance • Statutory Limits • Employers Liability o $1,000,000 Each Accident o $1,000,000 Policy Limits o $1,000,000 Each Employee Excess Liability • $1,000,000 For Architects, Engineers, Surveyors, & Testing Firms: Professional Liability (Errors and Omissions) — Continued for Two (2) Years After Project Completion • $1,000,000 per claim and $2,000,000 aggregate for annual claims made coverage OR • $1,000,000 project coverage ➢ Certificate of Insurance must be project specific. ➢ Please provide written documentation in regards to your insurance contract(s) cancellation terms. ➢ Insurance is to be Primary & Non -Contributory to any liability insurance carried by Beniton Construction Co., Inc. and City of Meridian. ➢ Waiver of Subrogation applies in favor of Beniton Construction Co., Inc. and City of Meridian. i'-4{._. lzr CERTIFICATE LIABILITY DATE (MMIDDIYYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER C NTA T NAME: Producer's name and address PHONEFAX (AIC, No): E-MAIL ADDRESS: INSURERIS) AFFORDING COVERAGE NAIC S _INSURER A_issuing_comp ny; AM BEST A-Vlhor_Better COMMERCIAL GENERAL LIABILITY _-_ _- --�-- X INSURED INSURER 8: INSURER C t _ n Subcontractor name and address INSURER D; INSURER E ; MED EXP (Any ons porson) S 10 000 INSURER F: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN iS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PMD CLAIMS. POLICY EFF < POLICY EXP — LTR TYPE OF INSURANCE ito POLICY NUMBER MMIDD/YYYY MMIDR YYYY LIMITS ACCORDANCE WITH THE POLICY PROVISIONS, GENERAL LIABILITY AUTHORIZED REPRESENTATIVE Meridian, ID 83680 Original Signature EACH OCCURRENCE S 1-,000.000 x COMMERCIAL GENERAL LIABILITY X X _ DAMAGEISF§ ENTE6= ` PRENIISES�Eaoccurrencej_- CLAIMS -MADE OCCUR MED EXP (Any ons porson) S 10 000 Current policy # 09/01/2611' 09/01/2012 _ PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE s 2,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: PRODUCTS COMPIOP.AGG $ 2,000.0_00 POLICYFXPRO- JEQTLOC 5 AUTOMOBILE LIABILITY �� V' ", Ea aalldent Sl G L S 1,000,000 X ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED AUTOS NON�OWNED UTOS Curfentpolicy# IQ1/2011 09/01/2012 BODILY INJURY Peracadent S ( ) -' - -- �.- T _ MIRED AUTOS AUTOS PROPERTY DAMAGE Per acGdenl $ 5 I � X UMBRELLA LIAB X OCCUR � EACH OCCURRENCE S 1,000,000 EXCESS LIAB CLAIMS -MADE l Current policy# 09/01/2011 09/01/2012 AGGREGATE S 1,000,000 I DED RETENTIONS 10,000 S WORKERS COMPF1dSA710NWC STATU- OTH- AND EMPLOYERS' LIABILITY Y r N ` T T ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICE/MEMBER EXCLUDED? D N r A ) , Current policy # 09/01/2011 09/01/2012 E. L. EACH ACCIDENT _.—__ - S 1,000000 (Mandatory in NH) E.L. - EAEMPLOYE $1,000000 If yes, describe underOF OPEBATIONS below _DISEASE E.L. DISEASE -POLICY LIMIT S 1,000,000 DESCRIPTION OF OPERATIONS+`LOCATIONS I VEHIOLE$'(d't'ach ACORD 101, Additional Remarks Schedule, It more space Is required) Re: City of Meridian Waste Water:Treatment Plant Maintenance Shop. City of Meridian and Beniton Construction are listed as Additional Insured per the Commercial General Liability coverage on a primary and non-contributory basis regarding above project provided by form CG2010 10/01 and CG2037 10/01 (or equivalent). Waiver of Subrogation applies in favor of the Beniton Construction Company, Inc. and owner (except WC). CERTIFICATE HOLDER CANCELLATION ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Beniton Construction Company, Inc. ACCORDANCE WITH THE POLICY PROVISIONS, P.O. Box 838 AUTHORIZED REPRESENTATIVE Meridian, ID 83680 Original Signature ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD eTRAKiT Home I Setup an Account I Log In PUbllo Username Password LOGIN I:__l REMEMBER ME Forgot PasswordlUsername Permits Apply Search Pay Fees Licenses Search Trade Licenses Search Public Works Inspections Schedule Cancel Elevators Search Elevators Violations Search Shopping Cart Pay All Fees Contact Contact us Page 1 of 1 Public Works .Search Seajch Again DownEoad Results Printable View 19MAKEN,, , NOWNW, 01WAM ON MINNIMM Northwest Sales & Distribution PWC -C-13049 112490 14 C I ACTIVE I Northwest Sale: —t-- First: Piev Page: 1 of 1 Nest, ',Lasts Details - License Number: PWC -C-13049 Lie Info Registration #: PWC -C-13049 Issue: 8/7/2014 Expire: 8/31/2015 Type: PUBLIC WORKS Sub -Type: C Status: ACTIVE Company: Northwest Sales & Distribution Phone: (208) 467-2200 Cell: Pager: Fax: (208) 467-2265 Owner Name: The Division of Building Safety, makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this website indicates understanding and acceptance of this statement. 1-800-955-3044, 1090 E Watertower Sl, Suite 150 Meridian ID 83642 fi0^.iL I CONTACT https://web.dbs.idaho.gov/eTRAKiT3/Custom/Idaho_PublieWorksSearchRslts.aspx 10/2/2014 PublicWorks Search -Print Page 1 of 1 Com an License Work License License APllicantOwner Company Com an Com an Com an Ex irationParent Number CateeoryType Stu— Class Name Name C Phone LicenseState Zip CodeName Date Number Northwest PWC_C_ Northwest 3828 E (208) Sales & 12490 13049 4 C ACTIVE Sales & Flamingo NAMPA ID 83687 467- 8/31/2015 Distribution Distribution Ave 2200 https://web.dbs.idaho.gov/eTRAKiT3/Custom/ldaho PublicWorksPrint.aspx 10/2/2014 IDSOS Viewing Business Entity Page 1 of 2 IDAHO SECRETARY OF STATE Viewing Business Entity Ben Ysursa, Secretary of State New Search Back to Summary Get a certificate of existence for NORTHWEST SALES AND DISTRIBUTION INC [ Monitor NORTHWEST SALES AND DISTRIBUTION, INC. business filings ] 3828 E. FLAMINGO AVENUE NAMPA, ID 83687 Type of Business: CORPORATION, GENERAL BUSINESS Status: GOODSTANDING, ANREPT SENT 07 Nov 2013 State of Origin: IDAHO Date of 25 ]an 1989 Origination /Authorization: Current Registered Agent: RAYMOND P VELOZ 1314 CAMELOT DR. NAMPA, ID 83651 Organizational ID / Filing C88539 Number: Number of Authorized 1000 Stock Shares: Date of Last Annual 18 Nov 2013 Report: Filed 25 Jan 1989 INCORPORATION Report for year 2014 ANNUAL REPORT Report for year 2013 ANNUAL REPORT Report for year 2012 ANNUAL REPORT Report for year 2011 ANNUAL REPORT View Image (PDF Lormat I View LmaqejTIFF format Help Me PrintLView_jIFF ] View Document Online View Document Online View Document Online View Document Online Report for year 2010 ANNUAL REPORT View Document Online Report for year 2009 ANNUAL View Image (PDF format) View Image REPORT MEEfallmDu Report for year 2008 ANNUAL View Image (PDF format) View Image REPORT STIFF format Report for year 2007 ANNUAL REPORT Report for year 2006 ANNUAL REPORT Report for year 2005 ANNUAL View Image JPDF format] View Image (TIFF format] View Image (PDF format) Yjtw Image STIFF format View Im DF format View Loja �i e� �ae r P� � Image http://www.accessidaho.org/public/sos/corp/C88539.html 10/2/2014 TM .AIA Document' -2009 I R • . .!- Adviser Edition AGREEMENT made as of the 26th day of August in the year 2014 (In words, indicate day, month and year.) ADDITIONS AND DELETIONS: BETWEEN the Owner: The author of this document has added information needed for its (Name, legal status, address and other information) completion. The author may also have revised the text of the original City of Meridian AIA standard form. An Additions and 33 E. Broadway Deletions Report that notes added Meridian, ID 83642 information as well as revisions to the standard farm text is available from and the Contractor: the author and should be reviewed. A (Name, legal status, address and other information) vertical line in the left margin of this document indicates where the author SBI Contracting, Inc, has added necessary information 372 South Eagle Road, #369 and where the author has added to or Eagle, ID 83616 deleted from the original AIA text. This document has important legal for the following Project: consequences. Consultation with an (Name, location and detailed description) attorney is encouraged with respect to its completion or modification. City of Meridian Waste Water Treatment Plant Maintenance Shop 3401 N. Ten Mile Road This document is intended to be used Meridian, ID 83642 in conjunction with AIA Documents A232TM-2009, General Conditions of The Construction Manager: the Contract for Construction, (Name, legal status, address and other information) Construction Manager as Adviser Edition; B132TM-2009, Standard Beniton Construction Co., Inc. Form of Agreement Between Owner and Architect, Construction Manager P.O. Box 838 as Adviser Edition; and Meridian, ID 83680 C132TM-2009, Standard Form of Agreement Between Owner and The Architect: Construction Manager as Adviser. (Name, legal status, address and other information) AIA Document A232TM-2009 is CTA, Inc. adopted in this document by 800 West Main Street, Suite 800 reference. Do not use with other Boise, ID 83702 general conditions unless this document is modified. The Owner and Contractor agree as follows. Init. AIA Document A132TM — 2009 (formerly A101 T'"CMa —1992). Copyright© 1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced by AIA software at 13:14:53 on 08/29/2014 under Order No.5637907229 1 which expires on 01/06/2015, and is not for resale. — User Notes: (1450011756) TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS 10 INSURANCE AND BONDS 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, all of which 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 fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. Bid Package #15: Specialties — Provide all labor, materials, tools and equipment necessary to complete the Specialties in accordance with Project Plans, Specifications, Addendum No. 1, and the Bid Form for BP #15. Note: All required forms, information and insurances must be completed and submitted to Beniton Construction before commencement of any work including but not limited to the Request for Contract Information, MSDS, safety program, a list of suppliers and subcontractors, and any additional forms as requested in the specifications. Provide submittals electronically if available, or one (1) clean copy (able to scan); some exceptions may apply. Samples and color charts must be provided separately. Contractor shall provide (2) full size copies of approved shop drawings to Beniton. Contractor is responsible to pay all applicable taxes, which are included in the contract price. Contractor is required to provide three (3) hard copies and one (1) electronic copy of closeout information (O&M Manuals, Warranties, etc.) and one (1) complete set of Record Drawings, as requested prior to substantial completion. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be the date of this Agreement 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. (Insert the date of comntencennent, if it diffe/s front the date of this Agreement or, if applicable, state that the date will be fixed in a notice to proceed.) If, prior to the commencement of the Work, the Owner requires time to file mortgages, mechanics' liens and other security interests, the Owner's time requirement shall be as follows: N/A AIA Document All 32T'l — 2009 formerly A101 TMCMa —1992). Copyright© 1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Inst. reserved. WARNING: This AIADocument is protected by U.S. Copyright Law and International Treaties. unauthorized reproduction or distribution of 2 this Ai Ar' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the lace. This document was produced by AIA software at 13:14:53 on 08/29/2014 under Order No.5637907229_1 which expires on 01/06/2015, and is not for resale. User Notes: (1450011756) § 3.2 The Contract Time shall be measured from the date of commencement. § 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than ( ) days from the date of commencement, or as follows: (Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of commencement. If appropriate, insert requirements for earlier Substantial Completion of cer7ain portions of the Work.) I Per Exhibit "C" Portion of the Work Substantial Completion Date BP #15: Specialties March 27, 2015 , subject to adjustments of this Contract Time as provided in the Contract Documents, (Insert provisions, if any, for liquidated damages relating to failure to achieve Substantial Completion on tune or for bonus payments for early completion of the Work.) Per Supplementary Conditions ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be one of the following: (Check the appropriate boy:.) [ X ] Stipulated Sum, in accordance with Section 4.2 below [ ] Cost of the Work plus the Contractor's Fee without a Guaranteed Maximum Price, in accordance with Section 4.3 below [ ] Cost of the Work plus the Contractor's Fee with a Guaranteed Maximum Price, in accordance with Section 4.4 below (Based on the selection above, complete Section 4.2, 4.3 or 4.4 below. Based on the selection above, also complete either Section 5.1.4 5.1.5 or 5.1.6 below.) § 4.2 Stipulated Sum § 4.2.1 The Stipulated Sum shall be Ten Thousand One Hundred Sixty and No/100 Dollars ($ 10,160.00 ), subject to additions and deletions as provided in the Contract Documents. § 4.2.2 The Stipulated Sum is based on the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If the bidding or proposal documents perrrrit the Owner- to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other - alternates showing the amount for each and the date when that amount expires.) N/A § 4.2.3 Unit prices, if any: (Identi and state the unit price, and state the quantity limitations, if arty, to 1t)hich the unit price will be applicable.) Item N/A Units and Limitations Price per Unit ($0.00) § 4.2.4 Allowances included in the Stipulated Sum, if any: (Identify allowance and state exclusions, if an),, fr•orn the allowance price.) AIA Document A132VA — 2009 formerly A101 TMCMa —1992). Copyright© 1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 3 this AIAO Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced by AIA software at 13:14:53 on 08/29/2014 under Order No.5637907229_1 which expires on 01/06/2015, and is not for resale. User Notes: (1450011756) Item N/A Allowance § 4.3 Cost of the Work Plus Contractor's Fee without a Guaranteed Maximum Price This section has been deleted as it does not apply to this "Stipulated Sum" contract (See Paragraph 4.2) (Paragraph deleted) (Table deleted) (Paragraphs deleted) § 4.4 Cost of the Work Plus Contractor's Fee with a Guaranteed Maximum Price This section has been deleted as it does not apply to this "Stipulated Sum" contract (See Paragraph 4.2) (Paragraphs deleted) (Table deleted) (Paragraphs deleted) (Table deleted) (Paragraphs deleted) ARTICLE 5 PAYMENTS § 5.1 Progress Payments § 5.1.1 Based upon Applications for Payment submitted to the Construction Manager by the Contractor, and upon certification of the Project Application and Project Certificate for Payment or Application for Payment and Certificate for Payment by the Construction Manager and Architect and issuance by the 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. § 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month. § 5.1.3 Provided that an Application for Payment is received by the Construction Manager not later than the 25th day of a month, the Owner shall make payment of the certified amount in the Application for Payment to the Contractor not later than the 30th 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 sixty ( 60 ) days after the Construction Manager receives the Application for Payment. (Federal, state or local laths may require paj nment within a certain period of tune.) § 5.1.4 Progress Payments Where the Contract Sum is Based on a Stipulated Sum § 5.1.4.1 Each Application for Payment shall be based on the most recent 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 and 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. § 5.1.4.2 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5.1.4.3 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .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 7.3.9 of the General Conditions; .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 five percent ( 5 %); .3 Subtract the aggregate of previous payments made by the Owner; and AIA Document A132M — 2009 formerly A101 TMCMa — 1992). Copyright © 1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIADocument is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or distribution of 4 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 t the law. This document was produced by AIA software at 13:14:53 on 08/29/2014 under Order No.5637907229_1 which expires on 01/06/2015, and is not for resale. User Notes: (1450011756) .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. § 5.1.4.4 The progress payment amount determined in accordance with Section 5.1.4.3 shall be further modified under the following circumstances: 1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to ninety-five percent ( 95 %) of the Contract Sum, less such amounts as the Construction Manager recommends and the Architect determines for incomplete Work and unsettled claims; and .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. § 5.1.4.5 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 resultingfrorrr the percentages inserted in Sections 5.1.4.3.1 and 5.1.4.3.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation) N/A § 5.1.5 Progress Payments Where the Contract Sum is Based on the Cost of the Work without a Guaranteed Maximum Price This section has been deleted as it does not apply to this "Stipulated Sum" contract (See Paragraph 5.1.4) (Paragraphs deleted) § 5.1.6 Progress Payments Where the Contract Sum is Based on the Cost of the Work with a Guaranteed Maximum Price This section has been deleted as it does not apply to this "Stipulated Sum" contract (See Paragraph 5.1.4) (Paragraphs deleted) § 5.2 Final Payment § 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2 of AIA Document A232-2009, and to satisfy other requirements, if any, which extend beyond final payment; .2 the Contractor has submitted a final accounting for the Cost of the Work, pursuant to Exhibit A, Determination of the Cost of the Work when payment is on the basis of the Cost of the Work, with or without a Guaranteed Maximum payment; and .3 a final Certificate for Payment or Project Certificate for Payment has been issued by the Architect; such final payment shall be made by the Owner not more than 30 days after the issuance of the final Certificate for Payment or Project Certificate for Payment, or as follows: ARTICLE 6 DISPUTE RESOLUTION § 6.1 Initial Decision Maker The Architect will serve as Initial Decision Maker pursuant to Section 15.2 of AIA Document A232-2009, unless the parties appoint below another individual, not a party to this Agreement, to serve as Initial Decision Maker. (If the parties nnttually agree, insert the name, address and other contact information of the Initial Decision Maker, if other than the Architect) § 6.2 Binding Dispute Resolution For any Claim subject to, but not resolved by, mediation pursuant to Section 15.3 of AIA Document A232-2009, the method of binding dispute resolution shall be as follows: (Check the appropriate box. If the Oft ner and Contractor do not select a method of binding dispute resohrtion below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court of competent jurisdiction.) AIA Document A132TM — 2009 `formerly All 01 T11CMa —1992). Copyright© 1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights [nit. reserved. WARNING;: This AIA'' Document is protected by U.S. Copyright Craw and International Treaties. Unauthorized reproduction or distribution of 5 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 t the law. This document was produced by AIA software at 13:14:53 on 08/29/2014 under Order No.5637907229_1 which expires on 01/06/2015, and is not for resale. User Notes: (1450011756) [ ] Arbitration pursuant to Section 15.4 of AIA Document A232-2009. [ X ] Litigation in a court of competent jurisdiction. [ ] Other: (Specify) ARTICLE 7 TERMINATION OR SUSPENSION § 7.1 Where the Contract Sum is a Stipulated Sum § 7.1.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A232-2009. § 7.1.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A232-2009. § 7.2 Where the Contract Sum is Based on the Cost of the Work with or without a Guaranteed Maximum Price This section has been deleted as it does not apply to this "Stipulated Sum" contract (See Paragraph 7.1) (Paragraphs deleted) ARTICLE 8 MISCELLANEOUS PROVISIONS § 8.1 Where reference is made in this Agreement to a provision of AIA Document A232-2009 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 8.2 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.) (Paragraph deleted) § 8.3 The Owner's representative: (Name, address and other information) Beniton Construction Co., Inc. Bryce Parker P.O. Box 838 Meridian, ID 83680 § 8.4 The Contractor's representative: (Marne, address and other information) SBI Contracting, Inc. Travis Mather 372 South Eagle Road, #369 Eagle, ID 83616 § 8.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. § 8.6 Other provisions: N/A ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated in the sections below. § 9.1.1 The Agreement is this executed AIA Document A132-2009, Standard Form of Agreement Between Owner and Contractor, Construction Manager as Adviser Edition. AIA Document Al32TM11— 2009 /Iformerly A101 T'ACMa —1992). Copyright © 1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights [nit. reserved. WARNING: This AW Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 6 this AIA° Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent passible under t the law. This document was produced by AIA software at 13:14:53 on 08/29/2014 under Order No.5637907229_1 which expires on 01/06/2015, and is not for resale. User Notes: (1450011756) § 9.1.2 The General Conditions are, AIA Document A232-2009, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition. § 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual, per attached Exhibit "A". (Table deleted) § 9.1.4 The Specifications: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Per Exhibit "A" (Table deleted) § 9.1.5 The Drawings: (Either list the Drawings here or refer to an exhibit attached to this Agreement) Per Exhibit "B" (Table deleted) § 9.1.6 The Addenda, if any: Number Date Pages Per Exhibit "A" 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 Additional documents, if any, forming part of the Contract Documents are: .1 (Paragraphs deleted) Other documents, if any, listed below: (List here any additional documents which are untended to forrrr part of the Contract Documents. AIA Document A232-2009 provides that bidding requirements such as advertiserrrent 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.) * Exhibit "I" and Sample Certificate — Insurance Requirements * Request for Contract Information * WH -5 Form * Affidavit Concerning Taxes * Application for Payment and Schedule of Values ARTICLE 10 INSURANCE AND BONDS The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article 11 of AIA Document A232-2009. (State bonding requirements, if any, and limits of liability) for insurance required in Article 11 of AIA Document A232-2009.) Type of Insurance or Bond Limit of Liability or Bond Amount Insurance per attached Exhibit "I" Payment & Performance Bonds 100% of the Contract Amount (see Supplementary Instructions to Bidders for delivery requirement) AIA Document A132TM — 2009 formerly A101 TMCMa —1992). Copyright© 1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. 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 t the law. This document was produced by AIA software at 13:14:53 on 08/29/2014 under Order No.5637907229_1 which expires on 01/06/2015, and is not for resale. User Notes: (1450011756) This Agreement is entered into as of the day and year first written OWNER (Signature) A t A'D PAM (Printed name and title) ' CONTRACTOR (Signature) Alq- I (Printed name and title) ' Init. AIA DocumentA132TM —2009 formerly At 01 TM CMa —1992). Copyright 0 1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties- Unauthorized reproduction or distribution of this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible tinder the law, This document was produced by AIA software at 13:14:53 on 08/29/2014 under Order No.56379072291 which expires on 01/06/2015, and is not for resale. User Notes: (1450011756) Meridian Wastewater Treatment Plant (MWWTP) 5/14 Maintenance Facility 111771►. ► • ► Invitationto Bid ............................................ .......................... .......................................1-1 Noticeto Bidders ... ................................................................................... .................... 1-4 AIA A701 Instructions to Bidders...................................................................................1-6 Supplemental Instructions to Bidders ...................... ......................... ............................ 1-4 BidForm Table of Contents..........................................................................................1-1 BidForms ......................... .................. ........... ............................................................. 1-40 ProjectSchedule ................................ ........ ........................ ......................... ................. 1-3 AIA A132 Standard Form of Agreement Between Owner and Contractor .....................1-8 Supplementto Agreement............................................................................................1-2 AIA A232 General Conditions of the Contract ................................................. ............ 1-43 SupplementaryConditions............................................................................................1-5 Exhibit I — Insurance Requirements.............................................................................1-1 Contractor's Affidavit Concerning Taxes ........................................................ ............... 1-1 Public Works Contract Tax Report (WH-5)...................................................................1-2 �Z,PECIFICATIONS DIVISION-. - - 011000 SUMMARY OF WORK ................................... ..................................................... 1-2 012300 ALTERNATES.....................................................................................................1-1 012900 PRICE AND PAYMENT PROCEDURES.............................................................1-4 013100 PROJECT MANAGEMENT AND COORDINATION.............................................1-4 013300 SUBMITTAL PROCEDURES ........ ....................................................................... 1-2 014200 REFERENCES .................... ................................................................................ 1-4 014500 QUALITY CONTROL ..... ............... ........................... ............................................ 1-4 015000 TEMPORARY FACILITIES AND CONTROLS ............................................ ......... 1-9 016000 PRODUCT REQUIREMENTS.............................................................................1-2 FORM SUBSTITUTION REQUEST FORM.....................................................................1-1 017300 EXECUTION........................................................................................................1-6 017320 CUTTING AND PATCHING... .......................................................................... ... 1-3 017700 CLOSEOUT PROCEDURES...............................................................................1-6 DIVISION 02 — EXISTING CONDITIONS 024116 STRUCTURE DEMOLITION................................................................................1-5 DIVISION 03 — CONCRETE 033000 CAST -IN-PLACE CONCRETE...................................................... ..................... 1-12 033543 POLISHED CONCRETE FINISHING .................. ......................... ........................ 1-2 DIVISION 04 — MASONRY 042200 CONCRETE UNIT MASONRY... ....................................................................... 1-13 TABLE OF CONTENTS 1 Meridian Wastewater Treatment Plant (MWWTP) Maintenance Facility 5/14 051200 STRUCTURAL STEEL FRAMING ............. .......................................................... 1-6 052100 STEEL JOIST FRAMING.....................................................................................1-4 074113.16 053100 STEEL DECKING................................................................................................1-5 074213.53 054000 COLD -FORMED METAL FRAMING....................................................................1-8 077253 055000 METAL FABRICATIONS.....................................................................................1-6 079200 055119 METAL GRATING STAIRS..................................................................................1-4 DIVISION 08 055213 PIPE AND TUBE RAILINGS................................................................................1-5 081113 DIVISION 06 — WOOD, PLASTICS, AND COMPOSITES 083113 061053 MISCELLANEOUS ROUGH CARPENTRY.........................................................1-2 083323 071113 BITUMINOUS DAMPROOFING...........................................................................1-3 072100 THERMAL INSULATION ............ ......................................................................... 1-4 074113.16 STANDING -SEAM METAL ROOF PANELS ....................................... ................. 1-7 074213.53 METAL SOFFIT PANELS....................................................................................1-5 077253 SNOW GUARDS.................................................................................................1-2 079200 JOINT SEALANTS...............................................................................................1-7 DIVISION 08 — OPENINGS 081113 HOLLOW METAL DOORS AND FRAMES .............................................. ............ 1-7 083113 ACCESS DOORS AND FRAMES........................................................................1-3 083323 OVERHEAD COILING DOORS...........................................................................1-6 086200 UNIT SKYLIGHTS...............................................................................................1-3 087111 DOOR HARDWARE (DESCRIPTIVE SPECIFICATION)..................................1-12 088000 GLAZING.............................................................................................................1-7 DIVISION 09 — FINISHES 092216 NON-STRUCTURAL METAL FRAMING ............................................ .................. 1-5 092900 GYPSUM BOARD .......................................... .................................. ................... 1-3 093013 SF CERAMIC TILING .... ............................................................................. 1-7 095123 ACOUSTICAL TILE CEILINGS ............................... ............................................. 1-3 096513 RESILIENT BASE AND ACCESSORIES.............................................................1-3 099113 EXTERIOR PAINTING.........................................................................................1-3 099123 INTERIOR PAINTING ............................. ............................................................. 1-4 DIVISION 10 —SPECIALTIES 102600 WALL AND DOOR PROTECTION......................................................... .............. 1-2 102800 TOILET, BATH, AND LAUNDRY ACCESSORIES., ............................................. 1-3 104416 FIRE EXTINGUISHERS ................. ............................................ ......................... 1-3 105113 METAL LOCKERS ............................. .................................................................. 1-5 DIVISION 11 — EQUIPMENT NOT USED DIVISION 12 — FURNISHINGS 122113 HORIZONTAL LOUVER BLINDS........................................................................1-3 123623.13 PLASTIC -LAMINATE -CLAD COUNTERTOPS .................... ................................ 1-4 TABLE OF CONTENTS 2 Meridian Wastewater Treatment Plant (MWWTP) 5/14 Maintenance Facility DIVISION 13 - SPECIAL CONSTRUCTION NOT USED DIVISION 14 - CONVEYING EQUIPMENT NOT USED DIVISION 15 - 21 (NOT USED) VOLUME 2 OF 2 221113 FACILITY WATER DISTRIBUTION PIPING ................ ............ .......... .................. 1-7 221116 DOMESTIC WATER PIPING...............................................................................1-7 GENERAL -DUTY VALVES FOR PLUMBING AND HVAC PIPING......................1-5 221119 DOMESTIC WATER PIPING SPECIALTIES ................... ................ .................... 1-8 221123 DOMESTIC WATER PUMPS..............................................................................1-4 IDENTIFICATION FOR PLUMBING AND HVAC PIPING AND EQUIPMENT ...... 221313 FACILITY SANITARY SEWERS......................................................... ................. 1-5 221316 SANITARY WASTE AND VENT PIPING...........................................................1-16 HVAC INSULATION ..................... ....................................................................... 221319 SANITARY WASTE PIPING SPECIALTIES ............................................. ........... 1-8 221513 GENERAL -SERVICE COMPRESSED -AIR PIPING...........................................1-10 METAL DUCTS.................................................................................................1-13 221519 GENERAL -SERVICE PACKAGED AIR COMPRESSORS AND RECEIVERS ..... 1-9 223400 FUEL -FIRED DOMESTIC WATER HEATERS.....................................................1-7 HVAC POWER VENTILATORS ...................... ..................................................... 224000 PLUMBING FIXTURES ............... ...................................................................... 1-11 224500 EMERGENCY PLUMBING FIXTURES .................... ............................... ............. 1-5 224700 DRINKING FOUNTAINS AND WATER COOLERS............................................1-5 PARTICULATE AIR FILTRATION .......................... ..................................... ......... 230500 COMMON WORK RESULTS FOR PLUMBING AND HVAC .............. ................ 1-11 230523 GENERAL -DUTY VALVES FOR PLUMBING AND HVAC PIPING......................1-5 230549 SEISMIC CONTROLS FOR PLUMBING AND HVAC..........................................1-6 230553 IDENTIFICATION FOR PLUMBING AND HVAC PIPING AND EQUIPMENT ...... 1-4 230593 TESTING, ADJUSTING, AND BALANCING FOR HVAC.....................................1-5 230700 HVAC INSULATION ..................... ....................................................................... 1-9 231123 FACILITY NATURAL-GAS PIPING....................................................................1-17 233113 METAL DUCTS.................................................................................................1-13 233300 AIR DUCT ACCESSORIES...............................................................................1-10 233423 HVAC POWER VENTILATORS ...................... ..................................................... 1-6 233713 DIFFUSERS, REGISTERS, AND GRILLES.........................................................1-3 233813 COMMERCIAL -KITCHEN HOODS ....................................................... ............... 1-5 234100 PARTICULATE AIR FILTRATION .......................... ..................................... ......... 1-2 235100 BREECHINGS, CHIMNEYS, AND STACKS ........ ................................................ 1-3 235400 FURNACES.........................................................................................................1-6 235533 FUEL -FIRED UNIT HEATERS ................. .............................................. .............. 1-4 236200 PACKAGED COMPRESSOR AND CONDENSER UNITS...................................1-4 237423 PACKAGED, INDIRECT -FIRED, INDOOR, HEATING -ONLY MAKEUP -AIR UNITS................................................................................................................. 1-9 TABLE OF CONTENTS 3 Meridian Wastewater Treatment Plant (MWWTP) 5/14 Maintenance Facility DIVISION 24 — (NOT USED) I7 UI ��L7� ► • 01 LTA 6-1 • I DIM I 260500 COMMON WORK RESULTS FOR ELECTRICAL...............................................1-5 260519 LOW -VOLTAGE ELECTRICAL POWER CONDUCTORS AND CABLES ............ 1-3 260526 GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS ...........................1-4 260529 HANGERS AND SUPPORTS FOR ELECTRICAL SYSTEMS.............................1-4 260533 RACEWAYS AND BOXES FOR ELECTRICAL SYSTEMS................................1-10 260553 IDENTIFICATION FOR ELECTRICAL SYSTEMS...............................................1-6 260573 OVERCURRENT PROTECTIVE DEVICE COORDINATION AND ARC FLASH STUDY................................................................................................................1-7 262200 LOW -VOLTAGE TRANSFORMERS....................................................... ............. 1-4 262416 PANELBOARDS..................................................................................................1-6 262726 WIRING DEVICES ........................................ .................................. ..................... 1-5 262813 FUSES .............................. .................................................................................. 1-3 262816 ENCLOSED SWITCHES AND CIRCUIT BREAKERS... ...................................... 1-5 262913 ENCLOSED CONTROLLERS.............................................................................1-5 265100 INTERIOR LIGHTING..........................................................................................1-8 270500 COMMON WORK RESULTS FOR COMMUNICATIONS....................................1-4 271100 COMMUNICATIONS EQUIPMENT ROOM FITTINGS........................................1-5 271300 COMMUNICATIONS BACKBONE CABLING......................................................1-8 271500 COMMUNICATIONS HORIZONTAL CABLING.................................................1-10 DIVISION 28 — ELECTRONIC SAFETY AND SECURITY 280500 COMMON WORK RESULTS FOR ELECTRONIC SAFETY AND SECURITY ..... 1-4 283100 FIRE DETECTION AND ALARM .............................................. ......................... 1-11 DIVISION 29 — 30 (NOT USED) DIVISION 31 — EARTHWORK 311000 SITE CLEARING.................................................................................................1-4 312000 EARTH MOVING.................................................................................................1-8 312319 DEWATERING....................................................................................................1-2 DIVISION 32 — EXTERIOR IMPROVEMENTS 321216 ASPHALT PAVING ..................... 321313 CONCRETE PAVING ................. DIVISION 33 — UTILITIES 334100 STORM UTILITY DRAINAGE PIPING ADDENDUM NO. 1, dated 7/31/14......... ............ .............................. ...................... 1-5 ..... .......... .................................................. 1-5 .......................................... ............... 1-6 ......................................................... 1-17 TABLE OF CONTENTS 4 WWTP Maintenance Facility 3401 N. TenMile, Meridian, Exhibit "B" SHEET# CONSTRUCTION DRAWINGS DESCRIPTION DATED A100 A100 - Wall and Horizontal Assembl Details 07/18/2014 A101 A101 - Floor Plan 07/18/2014 A102 A102 - Mezzanine Floor Plan 07/18/2014 A110 A110 - Roof Plan 07/18/2014 A111 A111 - Roof Details 07/18/2014 A201 A201 - Exterior Elevations 07/18/2014 A301 A301 - Building Sections 07/18/2014 A401 A401 - Stair Plans and Details 07/18/2014 A501 A501 - Finish Plan 07/18/2014 A601 A601 - Door and Window Schedules and Details 07/18/2014 A901 A901 - Reflected Ceiling Plan 07/18/2014 C1-101 C1-101 Site Demolition Plan 07/18/2014 C3-101 C3-101 Site Plan 07/18/2014 C7-101 C7-101 Site Plan 07/18/2014 E001 E001 - Legends & Schedules 07/18/2014 E002 E002 - One -Line Diagram 07/18/2014 E003 E003 - Panel Schedules 07/18/2014 E100 E100 - Electrical Site Plan 07/18/2014 E201 E201 - First Floor Lighting Plan 07/18/2014 E202 E202 - Mezzanine Lighting Plan 07/18/2014 E203 E203 - Lighting Compliance Forms 07/18/2014 E301 E301 - First Floor Power Plan 07/18/2014 E302 E302 - Mezzanine Power Plan 07/18/2014 E401 E401- Special Systems Plan 07/18/2014 G101 G101 -Architectural Cover Sheet 07/18/2014 G102 6102 - Code Plan 07/18/2014 G103 G103 - Mezzanine Code Plan 07/18/2014 M001 M001 - Mechanical Schedules & Legends 07/18/2014 M100 M100 - First Floor HVAC Plan 7/18/2014 M101 M101 -Mezzanine HVAC Plan 7/18/2014 M200 M200 - Enlarged Plans and Sections 7/18/2014 M300 M300 - HVAC Details 7/18/2014 M400 M400 - Energy Compliance 7/18/2014 P001 P001 - Plumbing Schedules and Legends 7/18/2014 P100 P100 - Plumbing Waste & Vent Plans 7/18/2014 P200 P200 - Plumbing Water & Gas Plan 7/18/2014 P300 P300 - Plumbing Details 7/18/2014 S001 S001 - General Structural Notes 7/18/2014 S101 S101 - Foundation Plan 7/18/2014 S102 S102 - Mezzanine Framing Plan 7/18/2014 S103 S103 - Roof Framing Plan 7/18/2014 S201 S201 - Foundations Details 7/18/2014 S202 S202 - Wall Framing & Mezzanine Details 7/18/2014 S203 S203 - Roof Framing Details 7/18/2014 S301 S301 - Building Sections 7/18/2014 C C CIO 11 C- U CO U y-+ O U U x W C N E (D 0 Q E LL C m a) 0 ______________________SJ__> ____-C-�____________________________ U_a W -- a N t - n ao U F Xk a) O) g� O a) q Q a) N 05 orj m' C N N a) ---Q---�- -------__ Q 7.L N c (D'0 ----'--------- c (L E 0 m o as ¢_ m ----------{ --------- -- @ N A N (7 o m rn N! 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O O Cl) O O N N O N O O (3) CO CO O N c - N 00 N CO NN N M M O O M M N N LO U C � i E WC/) O)' 0 a) E p 2 E 1 Vi s ° m o ° a v a' F 0 c f rn m Ln w'.Ll mCC c� LL -S m Cho 5. m 8 0 co 2 a c. c E f� a) c L U E C '; o m`' LL - (p E m N �_ c U) 7 7 O fn o a c O U) cn U m N aNi � 0 tL U) L O �) @ m 0 �0„ C m O 4) f�� @FL _ -0 � L j J a) C O E _ U)o �5 : m c� 'O m EL 'o S (7 LL a) : m ❑ m: CL I- E m ° N cm a n p U O m C p) m N > . a) L. (? m 0) `o :. .E N 0) C ❑ UI CL o '.,. E •(mp N 0 ! 0) cl C ,C aEi ❑ ` c •U a LO CL A. (� m S c °�! a -0 L al c (�LU O a� m n U O m.-. _ 3 s'2 O U U ❑ O" " W U''.0 N al a! m y 01 U W. W c O r a E@ c r a _ 0 a m mn E -- YY iY rn c U m o Q E m .5 0 .E - c aa) U) A J Q) l7 ' a O U J �! U) C .c X g A -- C m 7 _ U A00 m N W:W N m 2 N �- , i fq ❑ S > ° U o Q W U, F- G O, O c �,... og ;W m Q ; Y 5ro M W 2 O C) O 0 O O a) ON N N M V N N W O O O o MO O o O O 06 o ° O O N co _ Cl) crN N LN NNNN d O O O mC mONN_ mO mO mO mO mNO xw m m mmmm mmmm a a- 0 , LL LL a r O E � e O _a U INSURANCE REQUIREMENTS FOR WORKING BENITON CONSTRUCTION COMPANY & CITY OF Contractors and Subcontractors shall provide evidence that the following minimum coverage is provided. Commercial General Liability (ISO Form CG0001 (10/01) or Equivalent) • $2,000,000 General Aggregate • $2,000,000 Products/Completed Operations Aggregate • $1,000,000 Each Occurrence • $1,000,000 Personal Injury and Advertising Injury • $ 100,000 Fire Damage Liability • $ 5,000 Medical Expenses — Each Person o Limits must be on a "Per Project Aggregate". o City of Meridian and Beniton Construction Company must be listed as additional insured (ISO Form CG2010 (11/85), or CG2010 (10/01) and CG2037 (10/01), or Equivalent). A copy of the endorsement adding Beniton Construction Company shall be included with the certificate of insurance. o Completed operations coverage will remain in effect for 2 years after project completion. Business Automobile Liability • $1,000,000 Each Occurrence Worker's Compensation and Emolovers Liabilitv Insurance • Statutory Limits • Employers Liability o $1,000,000 Each Accident o $1,000,000 Policy Limits o $1,000,000 Each Employee Excess Liability • $1,000,000 For Architects, Engineers, Surveyors, & Testing Firms: Professional Liability (Errors and Omissions) — Continued for Two (2) Years After Proiect Completion • $1,000,000 per claim and $2,000,000 aggregate for annual claims made coverage OR • $1,000,000 project coverage ➢ Certificate of Insurance must be project specific. ➢ Please provide written documentation in regards to your insurance contract(s) cancellation terms. ➢ Insurance is to be Primary & Non -Contributory to any liability insurance carried by Beniton Construction Co., Inc. and City of Meridian. ➢ Waiver of Subrogation applies in favor of Beniton Construction Co., Inc. and City of Meridian. Ac , CERTIFICATE LIABILITY DATE(MMIDDNYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER C NTACT NAME: Producer's name and address _ PHONE FAX—� `– !C No): "'C' E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIL p INSURER A: Issuing_cany; AM BEST A Vlt,or Better COMMERCIAL GENERAL LIABILITY — - -,. INSURED INSURER 8: DAMA ( RENTED PR M15ESn Ea occu rence� _ INSURER C : Subcontractor name and address INSURER D ; - / MEDEXP (Any ono porson) INSURER F: lK0]7:;f_LCJN=4Ila[N_llNall lrrl l e r THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAt E =°ABOVE F09,THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT W)TH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 1S WWt& TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY EFF . POLICY EXP --- UERPOLICY NUMBER MM/DDNYYY MIWDD/YYYY LIMITS LTR I' <' TYPE OF INSURANCE INSR, ACCORDANCE WITH THE POLICY PROVISIONS. GENERAL LIABILITY AUTHORIZED REPRESENTATIVE Meridian, ID 83680 EACH OCCURRENCE $ 1_00Q_000 X COMMERCIAL GENERAL LIABILITY 1-- r- -, DAMA ( RENTED PR M15ESn Ea occu rence� _ ,S 1 QO Q�Q _ CLAIMS -MADE OCCUR / MEDEXP (Any ono porson) Current policy# 09/01/2011 09/01/2012 PERSONAL&ADV INJURY S 1,000,000 GENERAL AGGREGATE 5 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG 2,Q QQ POLICY X P O" LOC $ AUTOMOBILE LIABILITY ir.{� '. I SI LI T Sea acGdem S 1.000,000 BODILY INJURY (Per person) 5 X ANY AUTO ALL OWNED SCHEDULED`• AUTOS a=, AUTOS i Gunreni p0Y,. # policy 09/01/2011 09/01/2012 BODILY INJURY (Per acVdont) S _ PROPERTY DAMAGE ' Per acGdent NON -OWNED HIRED AUTOS AUTOS S �5 X UMBRELLA LIAB OCCUR � EACH OCCURRENCE $ 1,000,000____ EXCESS LIAB CLAIMS•MADE Current policy# 09/01/2011 09/01/2012 AGGREGATE $ 1,000,000 DED I I RETENTIONSI $ WORKERS COMPENSATION } WCSTATU- OTH- X AND EMPLOYERS' LIABILITY Y / N TQNY_,,,SL M_,.IT ER _ ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICE/MEMBER EXCLUDED? N r A # ,Current policy # 09/01!2011 09/01/2012 €,L. EACH AccIDENr _ $ 1 800,000 E L. DISEASE - EA EMPLOYE (Mandatory in NH) $ 1,000,000 If yes, describe under _.__��a– �..,... �.. _ .�.s.®..„,.�.. DE,$CEIPT low E.L DISEASE • POLICY LIMIT S 1,000,000 DESCRIPTION OF OPERATIONS'f LOCATIONS r VEHICLES!tABach ACORD 101, Additional Remarks Schedule, It more space Is required) Re: City of Meridian Waste Water Treatment Plant Maintenance Shop. City of Meridian and Beniton Construction are listed as Additional Insured per the Commercial General Liability coverage on a primary and non-contributory basis regarding above project provided by form CG2010 10/01 and CG2037 10/01 (or equivalent). Waiver of Subrogation applies in favor of the Beniton Construction Company, Inc. and owner (except WC). CERTIFICATE HOLDER cANCFI I ATInN © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 26 (2010/05) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Beniton Construction Company, Inc. ACCORDANCE WITH THE POLICY PROVISIONS. P.O. Box 838 AUTHORIZED REPRESENTATIVE Meridian, ID 83680 Original Signature © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 26 (2010/05) The ACORD name and logo are registered marks of ACORD IDSOS Viewing Business Entity Page 1 of 2 Ben Ysursa, Secretary of State [ Nw Search ] [ Bach to Su mart' ] [ Get a certificate of existence for SBI CONTRACTING INC ] [ Monitor SBI CONTRACTING INC. business filings ] -MCKM: ! 372 S EAGLE RD STE 369 EAGLE, ID 83616 Type of Business: CORPORATION, GENERAL BUSINESS Status: GOODSTANDING, ANREPT SENT 08 Jan 2014 State of Origin: IDAHO Date of 20 Mar 2002 Origination/Authorization: Current Registered Agent: SARA J SCHAFER 11760 W EXECUTIVE STE 140 BOISE, ID 83713 Organizational ID / Filing C143075 Number: Number of Authorized Stock 1000 Shares: Date of Last Annual Report: 30 Jan 2014 [ Heli Me Printf View TIFF ] Filed 20 Mar 2002 INCORPORATION View Image (PDF format) View Image (TIFF format) Report for year 2014 ANNUAL REPORT Report for year 2013 ANNUAL REPORT Report for year 2012 ANNUAL REPORT Report for year 2011 ANNUAL REPORT Report for year 2010 ANNUAL REPORT Report for year 2010 CHANGE ADDRESS Report for year 2009 ANNUAL REPORT Report for year 2008 ANNUAL REPORT Report for year 2007 ANNUAL REPORT Report for year 2006 ANNUAL REPORT [ Hel Me PrintlView TIFF ] View Document Online View Document Online View Document Online View Document Online View Document Online View Imacae (PDF format) View http://vvww.accessidaho.org/public/sos/corp/C143075.html 10/2/2014 s- I Image (!LEE rmat View Image-�PDF format), View http://vvww.accessidaho.org/public/sos/corp/C143075.html 10/2/2014 eTRAKiT Home I Setup an Account I Log In Public v. Username Passvrord LOGIN IJ REMEMBER ME Forgot PasswordlUsername Permits Apply Search Pay Fees Licenses Search Trade Licenses Search Public Works Inspections Schedule Cancel Elevators Search Elevators Violations Search Shopping Cart Pay All Fees Contact Contact us Page 1 of 1 Public Works Search Search Again Download Real is Printable View SBI Contracting, Inc. PWC -C-14744 1 10150, 12011 14 A I ACTIVE I SBI Contracting, Inc. i - First Prev! Page: 1 of 1 Next, :Last!' Details - License Number: PWC -C-14744 Lic Info Registration M PWC -C-14744 Issue: 5/13/2014 Expire: 5/31/2015 Type: PUBLIC WORKS Sub -Type: A Status: ACTIVE Company: SBI Contracting, Inc. Phone: (208)376-5200 Cell: Pager: Fax: (208)376-5201 Owner Name: The Division of Building Safety, makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this website indicates understanding and acceptance of this statement. 1-800-955-3044, 1090 E Watenower St, Suite 150 Meridian ID 83642 HOME I CONTACT https://web.dbs.idaho.gov/eTRAKiT3/CustonAdaho PublieWorksSearchRslts.aspx 10/2/2014 PublicWorks Search Print Page 1 of 1 Company License Work License License Ap licant Owner Status e Company Company Company Company Expiration Parent Name Number Cateeory Type Class Name Name Address C� PhonLicense State Zip Code Date Number SBI PWC -C- 10150, SBI 372 S Eagle (208) Contracting, 14744 12011 4 A ACTIVE Contracting, Rd #369 EAGLE ID 83616 376- 5/31/2015 Inc. Inc. 5200 https://web.dbs.idaho.gov/eTRAKiT3/Custom/ldaho PublicWorksPrint.aspx 10/2/2014 *....AIA DocumentA132TM -2009 Adviser Edition AGREEMENT made as of the 26th day of August in the year 2014 (In words, indicate day, rlronth and yeah.) ADDITIONS AND DELETIONS: The author of this document has BETWEEN the Owner: added information needed for its (Name, legal staters, address and other information) completion. The author may also have revised the text of the original City of Meridian AIA standard form. An Additions and 33 E. Broadway Deletions Report that notes added Meridian, ID 83642 information as well as revisions to the standard form text is available from and the Contractor: the author and should be reviewed. A (Name, legal status, address and other information) vertical line in the left margin of this document indicates where the author All Colors Painting Contractors has added necessary information 11 l 1 S. Orchard, Suite 100 and where the author has added to or Boise, ID 83705-2029 deleted from the original AIA text. This document has important legal for the following Project: consequences. Consultation with an (Name, location and detailed description) attorney is encouraged with respect to its completion or modification. City of Meridian Waste Water Treatment Plant Maintenance Shop 3401 N. Ten Mile Road This document is intended to be used Meridian, ID 83642 in conjunction with AIA Documents A232TM-2009, General Conditions of The Construction Manager: the Contract for Construction, (Name, legal status, address and other information) Construction Manager as Adviser Edition; B132TM-2009, Standard Form of Agreement Between Owner Beniton Construction Co., Inc. and Architect, Construction Manager P.O. Box 838 as Adviser Edition; and Meridian, ID 83680 C132TI-2009, Standard Form of Agreement Between Owner and The Architect: Construction Manager as Adviser. (Name, legal status, address and other information) AIA Document A232TI-2009 is CTA, Inc. adopted in this document by 800 West Main Street, Suite 800 reference. Do not use with other Boise, ID 83702 general conditions unless this document is modified. The Owner and Contractor agree as follows. AIA Document A132TM - 2009 formerly A101 T11CMa -1992). Copyright © 1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights [nit. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of tirls 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 13:14:19 on 08/29/2014 under Order No.5637907229_1 which expires on 01/06/2015, and is not for resale. User Notes: (1379494522) TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 6 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS 10 INSURANCE AND BONDS 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, all of which 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 fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. Bid Package #14: Painting — Provide all labor, materials, tools and equipment necessary to complete the Painting in accordance with Project Plans, Specifications, Addendum No. 1, and the Bid Form for BP #14. Note: All required forms, information and insurances must be completed and submitted to Beniton Construction before commencement of any work including but not limited to the Request for Contract Information, MSDS, safety program, a list of suppliers and subcontractors, and any additional forms as requested in the specifications. Provide submittals electronically if available, or one (1) clean copy (able to scan); some exceptions may apply. Samples and color charts must be provided separately. Contractor shall provide (2) full size copies of approved shop drawings to Beniton. Contractor is responsible to pay all applicable taxes, which are included in the contract price. Contractor is required to provide three (3) hard copies and one (1) electronic copy of closeout information (O&M Manuals, Warranties, etc.) and one (1) complete set of Record Drawings, as requested prior to substantial completion. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be the date of this Agreement 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. (Insert the date of commencement, if it dimers from the date of this Agreernent or, if applicable, state that the date will be fixed in a notice to proceed.) If, prior to the commencement of the Work, the Owner requires time to file mortgages, mechanics' liens and other security interests, the Owner's time requirement shall be as follows: N/A AIA Document A132Tm — 2009 formerly A101 TMCMa — 1992). Copyright© 1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Inst. reserved. WARNING: This AIADocument 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 Ji the law. This document was produced by AIA software at 13:14:19 on 08/29/2014 under Order No.5637907229_1 which expires on 01/06/2015, and is not for resale. User Notes: (1379494522) § 3.2 The Contract Time shall be measured from the date of commencement. § 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than ( ) days from the date of commencement, or as follows: (Insert munber of calendar days. Alternatively, a calendar date may be used when coordinated lnith the date of commencement If appropriate, insert requirements for earlier Substantial Completion of certain portions of the Work.) I Per Exhibit "C" Portion of the Work Substantial Completion Date BP #14: Painting March 27, 2015 , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insertprovisions, if any, for liquidated damages relating tofailure to achieve Substantial Completion on time or for bonus payments for early completion of the Work.) Per Supplementary Conditions ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be one of the following: (Check the appropriate box.) [ X ] Stipulated Sum, in accordance with Section 4.2 below [ ] Cost of the Work plus the Contractor's Fee without a Guaranteed Maximum Price, in accordance with Section 4.3 below [ ] Cost of the Work plus the Contractor's Fee with a Guaranteed Maximum Price, in accordance with Section 4.4 below (Based on the selection above, complete Section 4.2, 4.3 or 4.4 below. Based on the selection above, also complete either Section 5.1.4 5.1.5 or 5.1.6 below.) § 4.2 Stipulated Sum § 4.2.1 The Stipulated Sum shall be Eighteen Thousand Eight Hundred Thirty Two and No/100 Dollars ($ 18,832.00 ), subject to additions and deletions as provided in the Contract Documents. § 4.2.2 The Stipulated Sum is based on the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If the bidding or proposal documents permit the Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the anio nt for each and the date when that amount expires.) N/A § 4.2.3 Unit prices, if any: (Identif}, and state the unit price, and state the quantity limitations, if any, to it,hich the unit price will be applicable.) Item N/A Units and Limitations Price per Unit ($0.00) § 4.2.4 Allowances included in the Stipulated Sum, if any: (Identify allowance and state exclusions, if any, from the allowance price.) AIA Document A132TM — 2009 formerly A101 T'"CMa —1992). Copyright © 1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIADocument is protected by U.S. Copyright Law and Internatlanal 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 t the law. This document was produced by AIA software at 13:14:19 on 08/29/2014 under Order No.5637907229_1 which expires on 01/06/2015, and is not for resale. User Notes: (1379494522) Item N/A Allowance § 4.3 Cost of the Work Plus Contractor's Fee without a Guaranteed Maximum Price This section has been deleted as it does not apply to this "Stipulated Sum" contract (See Paragraph 4.2) (Parag/•aph deleted) (Table deleted) (Pm-agraphs deleted) § 4.4 Cost of the Work Plus Contractor's Fee with a Guaranteed Maximum Price This section has been deleted as it does not apply to this "Stipulated Sum" contract (See Paragraph 4.2) (Paragraphs deleted) (Table deleted) (Paragraphs deleted) (Table deleted) (Paragraphs deleted) ARTICLE 5 PAYMENTS § 5.1 Progress Payments § 5.1.1 Based upon Applications for Payment submitted to the Construction Manager by the Contractor, and upon certification of the Project Application and Project Certificate for Payment or Application for Payment and Certificate for Payment by the Construction Manager and Architect and issuance by the 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. § 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month. § 5.1.3 Provided that an Application for Payment is received by the Construction Manager not later than the 25th day of a month, the Owner shall make payment of the certified amount in the Application for Payment to the Contractor not later than the 30th 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 sixty ( 60 ) days after the Construction Manager receives the Application for Payment. (Federal, state or local laths may require payment within a certain period of time.) § 5.1.4 Progress Payments Where the Contract Sum is Eased on a Stipulated Sum § 5.1.4.1 Each Application for Payment shall be based on the most recent 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 and 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. § 5.1.4.2 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5.1.4.3 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .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 7.3.9 of the General Conditions; .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 five percent ( 5 %); .3 Subtract the aggregate of previous payments made by the Owner; and AIA Document A132TM — 2009formerly A101 TMCMa —1992). Copyright© 1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIAO Document is protected by U.S. Copyright law and International Treaties. Unauthorized reproduction or distribution of 4 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 13:14:19 on 08/29/2014 under Order No.5637907229_1 which expires on 01/06/2015, and is not for resale. User Notes: (1379494522) .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. § 5.1.4.4 The progress payment amount determined in accordance with Section 5.1.4.3 shall be further modified under the following circumstances: 1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to ninety-five percent ( 95 %) of the Contract Sum, less such amounts as the Construction Manager recommends and the Architect determines for incomplete Work and unsettled claims; and .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. § 5.1.4.5 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 fr-orrr the percentages inserted in Sections 5.1.4.3.1 and 5.1.4.3.2 above, and this is not explained elsewhere in the Conti -act Documents, insert here provisions for such reduction or limitation.) N/A § 5.1.5 Progress Payments Where the Contract Sum is Based on the Cost of the Work without a Guaranteed Maximum Price This section has been deleted as it does not apply to this "Stipulated Sum" contract (See Paragraph 5.1.4) (Paragraphs deleted) § 5.1.6 Progress Payments Where the Contract Sum is Based on the Cost of the Work with a Guaranteed Maximum Price This section has been deleted as it does not apply to this "Stipulated Sum" contract (See Paragraph 5.1.4) (Paragraphs deleted) § 5.2 Final Payment § 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2 of AIA Document A232-2009, and to satisfy other requirements, if any, which extend beyond final payment; .2 the Contractor has submitted a final accounting for the Cost of the Work, pursuant to Exhibit A, Determination of the Cost of the Work when payment is on the basis of the Cost of the Work, with or without a Guaranteed Maximum payment; and .3 a final Certificate for Payment or Project Certificate for Payment has been issued by the Architect; such final payment shall be made by the Owner not more than 30 days after the issuance of the final Certificate for Payment or Project Certificate for Payment, or as follows: ARTICLE 6 DISPUTE RESOLUTION § 6.1 Initial Decision Maker The Architect will serve as Initial Decision Maker pursuant to Section 15.2 of AIA Document A232-2009, unless the parties appoint below another individual, not a party to this Agreement, to serve as Initial Decision Maker. (If the parties mutually agree, insert the name, address and other contact infor•rnation of the Initial Decision Maker, if other than the Architect.) § 6.2 Binding Dispute Resolution For any Claim subject to, but not resolved by, mediation pursuant to Section 15.3 of AIA Document A232-2009, the method of binding dispute resolution shall be as follows: (Check the appropriate box. If the Owner and Contractor do not select a method of binding dispute resohrtion below, or do not subsequent1j, agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court of competentjrn-isdiction.) AIA Document A132TM — 2009 (formerly A101 TMCMa —1992). Copyright© 1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA'' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of J 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 cinder t the law. This document was produced by AIA software at 13:14:19 on 08/29/2014 under Order No.5637907229_1 which expires on 01/06/2015, and is not for resale. User Notes: (1379494522) [ ] Arbitration pursuant to Section 15.4 of AIA Document A232-2009. [ X ] Litigation in a court of competent jurisdiction. [ ] Other: (Specify) ARTICLE 7 TERMINATION OR SUSPENSION § 7.1 Where the Contract Sum is a Stipulated Sum § 7.1.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A232-2009. § 7.1.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A232-2009. § 7.2 Where the Contract Sum is Based on the Cost of the Work with or without a Guaranteed Maximum Price This section has been deleted as it does not apply to this "Stipulated Sum" contract (See Paragraph 7.1) (Paragraphs deleted) ARTICLE 8 MISCELLANEOUS PROVISIONS § 8.1 Where reference is made in this Agreement to a provision of AIA Document A232-2009 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 8.2 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 arty.) (Paragraph deleted) § 8.3 The Owner's representative: (Name, address and other information) Beniton Construction Co., Inc. Bryce Parker P.O. Box 838 Meridian, ID 83680 § 8.4 The Contractor's representative: (Name, address and other information) All Colors Painting Contractors George Larkins I I l l S. Orchard, Suite 100 Boise, ID 83705-2029 § 8.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. § 8.6 Other provisions: N/A ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated in the sections below. § 9.1.1 The Agreement is this executed AIA Document A132-2009, Standard Form of Agreement Between Owner and Contractor, Construction Manager as Adviser Edition. AIA Document Al 3211 — 2009formerly A101 TMC Ma —1992). Copyright© 1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights [nit. reserved. WARNING: This AIAO Document is protected by U,S. Copyright Lata 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 t the law. This document was produced by AIA software at 13:14:19 on 08/29/2014 under Order No.5637907229_1 which expires on 01/06/2015, and is not for resale. User Notes: (1379494522) § 9.1.2 The General Conditions are, AIA Document A232-2009, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition. § 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual, per attached Exhibit "A". (Table deleted) § 9.1.4 The Specifications: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Per Exhibit "A" (Table deleted) § 9.1.5 The Drawings: (Either list the Drmvings here or refer to an exhibit attached to this Agreement.) Per Exhibit "B" (Table deleted) § 9.1.6 The Addenda, if any: Number Date Pages Per Exhibit "A" 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 Additional documents, if any, forming part of the Contract Documents are: .1 (Paragraphs deleted) Other documents, if any, listed below: (List here any additional doctmtents which are intended to form part of the Contract Documents. AIA Docurrrent A232-2009 provides 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.) * Exhibit "I" and Sample Certificate — Insurance Requirements * Request for Contract Information * WH -5 Form * Affidavit Concerning Taxes * Application for Payment and Schedule of Values ARTICLE 10 INSURANCE AND BONDS The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article 11 of AIA Document A232-2009. (State bolding requirements, if any, and limits of liability for insurance required in Article I1 of AIA Document A232-2009.) Type of Insurance or Bond Limit of Liability or Bond Amount Insurance per attached Exhibit "I" Payment & Performance Bonds 100% of the Contract Amount (see Supplementary Instructions to Bidders for delivery requirement) AIA Document A132T'T — 2009 formerly A101 T^'CMa —1992). Copyright© 1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. 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 t the law. This document was produced by AIA software at 13:14:19 on 08/29/2014 under Order No.5637907229_1 which expires on 01/06/2015, and is not for resale. User Notes: (1379494522) This Agreement is entered into as of the day and year first written above. I (---7, OWNER (Signature) C, (Printed name and title) OCT (Signature)eess �51' ' S (Printed name and title) AIA Document A132'"A — 2009 formerly A101TMCMa — 1992). Copyright@ 1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights [nit. 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 13:14:19 on 08/29/2014 under Order No.56379072291 which expires on 01/06/2015, and is not for resale. User Notes: (1379494522) Meridian Wastewater Treatment Plant (MWWTP) 5/14 Maintenance Facility Invitationto Bid .... ............ ................ ....... ............. ........... ..............................................1-1 Noticeto Bidders ......................... ................................................................................. 1-4 AIA A701 Instructions to Bidders...................................................................................1-6 Supplemental Instructions to Bidders...........................................................................1-4 Bid Form Table of Contents .......................................... ............................ ....................1-1 BidForms ............................................. ............... ....................................................... 1-40 ProjectSchedule...................................................... .......................................... ......... .1-3 AIA All 32 Standard Form of Agreement Between Owner and Contractor .... ................. 1-8 Supplementto Agreement ................................ .................................... ........................ 1-2 AIA A232 General Conditions of the Contract .......................................... ................... 1-43 SupplementaryConditions .... .................................. ........... ......................... .................. 1-5 Exhibit I — Insurance Requirements......................................................... .................... 1-1 Contractor's Affidavit Concerning Taxes .................................. ....................... .............. 1-1 Public Works Contract Tax Report (WH -5) .................. ............... .................................. 1-2 DIVISION 01 — GENERAL REQUIREMENTS 011000 SUMMARY OF WORK........................................................................................1-2 012300 ALTERNATES.....................................................................................................1-1 012900 PRICE AND PAYMENT PROCEDURES.............................................................1-4 013100 PROJECT MANAGEMENT AND COORDINATION.............................................1-4 013300 SUBMITTAL PROCEDURES...............................................................................1-2 014200 REFERENCES .......... ........................................................ ............... ................... 1-4 014500 QUALITY CONTROL...........................................................................................1-4 015000 TEMPORARY FACILITIES AND CONTROLS.....................................................1-9 016000 PRODUCT REQUIREMENTS.............................................................................1-2 FORM SUBSTITUTION REQUEST FORM.....................................................................1-1 017300 EXECUTION........................................................................................................1-6 017320 CUTTING AND PATCHING.................................................................................1-3 017700 CLOSEOUT PROCEDURES...............................................................................1-6 DIVISION 02 — EXISTING CONDITIONS 024116 STRUCTURE DEMOLITION................................................................................1-5 DIVISION 03 — CONCRETE 033000 CAST -IN-PLACE CONCRETE ........................ ................................................... 1-12 033543 POLISHED CONCRETE FINISHING............................................................. ......1-2 DIVISION 04 — MASONRY 042200 CONCRETE UNIT MASONRY..........................................................................1-13 TABLE OF CONTENTS 1 Meridian Wastewater Treatment Plant (MWWTP) Maintenance Facility DIVISION 06 — METALS 051200 STRUCTURAL STEEL FRAMING ........................ 052100 STEEL JOIST FRAMING ...................................... 053100 STEEL DECKING ................................................. 054000 COLD -FORMED METAL FRAMING ..................... 055000 METAL FABRICATIONS ...................................... 055119 METAL GRATING STAIRS ................................... 055213 PIPE AND TUBE RAILINGS ................................. 5/14 .............................................1-6 .............................................1-4 .............................................1-5 .............................................1-8 .................... ......................... 1-6 ............................ ................. 1-4 ........... .................................. 1-5 DIVISION 06 — WOOD, PLASTICS, AND COMPOSITES 061053 MISCELLANEOUS ROUGH CARPENTRY ................................................ ......... 1-2 DIVISION 07 — THERMAL AND MOISTURE PROTECTION 071113 BITUMINOUS DAMPROOFING............. ................. ............................................. 1-3 072100 THERMAL INSULATION.....................................................................................1-4 074113.16 STANDING -SEAM METAL ROOF PANELS........................................................1-7 074213.53 METAL SOFFIT PANELS....................................................................................1-5 077253 SNOW GUARDS.................................................................................................1-2 079200 JOINT SEALANTS...............................................................................................1-7 DIVISION 08 — OPENINGS 081113 HOLLOW METAL DOORS AND FRAMES..........................................................1-7 083113 ACCESS DOORS AND FRAMES ..... ................................................................... 1-3 083323 OVERHEAD COILING DOORS...........................................................................1-6 086200 UNIT SKYLIGHTS...............................................................................................1-3 087111 DOOR HARDWARE (DESCRIPTIVE SPECIFICATION)..................................1-12 088000 GLAZING ................ ............................................................................................. 1-7 1 0 1. .. 092216 NON-STRUCTURAL METAL FRAMING ...................................................... ........ 1-5 092900 GYPSUM BOARD.............................................................. ................................. 1-3 093013 SF CERAMIC TILING.................................................................................1-7 095123 ACOUSTICAL TILE CEILINGS .... ........................................................................ 1-3 096513 RESILIENT BASE AND ACCESSORIES.............................................................1-3 099113 EXTERIOR PAINTING.........................................................................................1-3 099123 INTERIOR PAINTING. ......................................................................................... 1-4 DIVISION 10 — SPECIALTIES 102600 WALL AND DOOR PROTECTION .............. ......................................................... 1-2 102800 TOILET, BATH, AND LAUNDRY ACCESSORIES...............................................1-3 104416 FIRE EXTINGUISHERS......................................................................................1-3 105113 METAL LOCKERS ................................................. .......................................... .... 1-5 DIVISION 11 — EQUIPMENT NOT USED DIVISION 12 — FURNISHINGS 122113 HORIZONTAL LOUVER BLINDS ......... ............................................................ ...1-3 123623.13 PLASTIC -LAMINATE -CLAD COUNTERTOPS....................................................1-4 TABLE OF CONTENTS 2 Meridian Wastewater Treatment Plant (MWWTP) 5/14 Maintenance Facility DIVISION 13 — SPECIAL CONSTRUCTION NOT USED DIVISION 14 — CONVEYING EQUIPMENT NOT USED DIVISION 15 — 21 (NOT USED) 221113 FACILITY WATER DISTRIBUTION PIPING ......... ........... .................................... 1-7 221116 DOMESTIC WATER PIPING ............................................ ............. ............. ......... 1-7 221119 DOMESTIC WATER PIPING SPECIALTIES.......................................................1-8 221123 DOMESTIC WATER PUMPS ............................. ........................................ ......... 1-4 221313 FACILITY SANITARY SEWERS ................................................. ......................... 1-5 221316 SANITARY WASTE AND VENT PIPING ......................... ............. ..................... 1-16 221319 SANITARY WASTE PIPING SPECIALTIES .................................................. ...... 1-8 221513 GENERAL -SERVICE COMPRESSED -AIR PIPING...........................................1-10 221519 GENERAL -SERVICE PACKAGED AIR COMPRESSORS AND RECEIVERS ..... 1-9 223400 FUEL -FIRED DOMESTIC WATER HEATERS.....................................................1-7 1-6 224000 PLUMBING FIXTURES ................................ ..................................................... 1-11 224500 EMERGENCY PLUMBING FIXTURES................................................................1-5 224700 DRINKING FOUNTAINS AND WATER COOLERS............................................1-5 DIVISION 23 — HVAC 230500 COMMON WORK RESULTS FOR PLUMBING AND HVAC ..................... ......... 1-11 230523 GENERAL -DUTY VALVES FOR PLUMBING AND HVAC PIPING .......... ............ 1-5 230549 SEISMIC CONTROLS FOR PLUMBING AND HVAC..........................................1-6 230553 IDENTIFICATION FOR PLUMBING AND HVAC PIPING AND EQUIPMENT ...... 1-4 230593 TESTING, ADJUSTING, AND BALANCING FOR HVAC ... .................................. 1-5 230700 HVAC INSULATION............................................................................................1-9 231123 FACILITY NATURAL-GAS PIPING .......................................... .......................... 1-17 233113 METAL DUCTS.................................................................................................1-13 233300 AIR DUCT ACCESSORIES...............................................................................1-10 233423 HVAC POWER VENTILATORS ...................... ..................................................... 1-6 233713 DIFFUSERS, REGISTERS, AND GRILLES.........................................................1-3 233813 COMMERCIAL -KITCHEN HOODS......................................................................1-5 234100 PARTICULATE AIR FILTRATION........................................................................1-2 235100 BREECHINGS, CHIMNEYS, AND STACKS........................................................1-3 235400 FURNACES ................................... ...................................................................... 1-6 235533 FUEL -FIRED UNIT HEATERS ...... ........................... ............................................ 1-4 236200 PACKAGED COMPRESSOR AND CONDENSER UNITS...................................1-4 237423 PACKAGED, INDIRECT -FIRED, INDOOR, HEATING -ONLY MAKEUP -AIR UNITS................................................................................................................. 1-9 TABLE OF CONTENTS Meridian Wastewater Treatment Plant (MWWTP) 5/14 Maintenance Facility 260500 COMMON WORK RESULTS FOR ELECTRICAL.. ............... ............................. 1-5 260519 LOW -VOLTAGE ELECTRICAL POWER CONDUCTORS AND CABLES ............ 1-3 260526 GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS ...........................1-4 260529 HANGERS AND SUPPORTS FOR ELECTRICAL SYSTEMS.............................1-4 260533 RACEWAYS AND BOXES FOR ELECTRICAL SYSTEMS................................1-10 260553 IDENTIFICATION FOR ELECTRICAL SYSTEMS...............................................1-6 260573 OVERCURRENT PROTECTIVE DEVICE COORDINATION AND ARC FLASH STUDY.......... ...................................................................................................... 1-7 262200 LOW -VOLTAGE TRANSFORMERS....................................................................1-4 262416 PANELBOARDS..................................................................................................1-6 262726 WIRING DEVICES............................................................... ............. ................... 1-5 262813 FUSES................................................................................................................1-3 262816 ENCLOSED SWITCHES AND CIRCUIT BREAKERS.........................................1-5 262913 ENCLOSED CONTROLLERS.............................................................................1-5 265100 INTERIOR LIGHTING ................... ....................................................................... 1-8 DIVISION 27 — COMMUNICATIONS 270500 COMMON WORK RESULTS FOR COMMUNICATIONS....................................1-4 271100 COMMUNICATIONS EQUIPMENT ROOM FITTINGS........................................1-5 271300 COMMUNICATIONS BACKBONE CABLING ................. ..................................... 1-8 271500 COMMUNICATIONS HORIZONTAL CABLING ....................... .......................... 1-10 DIVISION 28 — ELECTRONIC SAFETY AND SECURITY 280500 COMMON WORK RESULTS FOR ELECTRONIC SAFETY AND SECURITY ..... 1-4 283100 FIRE DETECTION AND ALARM .............................................. ......................... 1-11 DIVISION 29 — 30 (NOT USED) DIVISION 31 — EARTHWORK 311000 SITE CLEARING ..................... ............................................................................ 1-4 312000 EARTH MOVING .................. .................................................. ............................. 1-8 312319 DEWATERING.................................................... ................................................ 1-2 DIVISION 32 — EXTERIOR IMPROVEMENTS 321216 ASPHALT PAVING..............................................................................................1-5 321313 CONCRETE PAVING..........................................................................................1-5 DIVISION 33 — UTILITIES 334100 STORM UTILITY DRAINAGE PIPING .... .............................................. ............... 1-6 ADDENDUMNO. 1, dated 7/31/14........................................................................................... 1-17 TABLE OF CONTENTS 4 WWTP Maintenance Facility 3401 N. Ten Mile, Meridian, ID 83642 Exhibit CONSTRUCTION DRAWINGS SHEET# DESCRIPTION DATED A100 A100 - Wall and Horizontal Assembly Details 07/18/2014 A101 A101 - Floor Plan 07/18/2014 A102 A102 - Mezzanine Floor Plan 07/18/2014 A110 A110 - Roof Plan 07/18/2014 A111 A111 - Roof Details 07/18/2014 A201 A201 - Exterior Elevations 07/18/2014 A301 A301 - Building Sections 07/18/2014 A401 A401 - Stair Plans and Details 07/18/2014 A501 A501 - Finish Plan 07/18/2014 A601 A601 - Door and Window Schedules and Details 07/18/2014 A901 A901 - Reflected Ceiling Plan 07/18/2014 C1-101 C1-101 Site Demolition Plan 07/18/2014 C3-101 C3-101 Site Plan 07/18/2014 C7-101 C7-101 Site Plan 07/18/2014 E001 E001 - Legends & Schedules 07/18/2014 E002 E002 - One -Line Diagram 07/18/2014 E003 E003 - Panel Schedules 07/18/2014 E100 E100 - Electrical Site Plan 07/18/2014 E201 E201 - First Floor Lighting Plan 07/18/2014 E202 E202 - Mezzanine Lighting Plan 07/18/2014 E203 E203 - Lighting Compliance Forms 07/18/2014 E301 E301 - First Floor Power Plan 07/18/2014 E302 E302 - Mezzanine Power Plan 07/18/2014 E401 E401- Special Systems Plan 07/18/2014 G101 G101 -Architectural Cover Sheet 07/18/2014 6102 G102 - Code Plan 07/18/2014 G103 G103 - Mezzanine Code Plan 07/18/2014 M001 M001 - Mechanical Schedules & Legends 07/18/2014 M100 M100 - First Floor HVAC Plan 7/18/2014 M101 M101 - Mezzanine HVAC Plan 7/18/2014 M200 M200 - Enlarged Plans and Sections 7/18/2014 M300 M300 - HVAC Details 7/18/2014 M400 M400 - Energy Compliance 7/18/2014 P001 P001 - Plumbing Schedules and Legends 7/18/2014 P100 P100 - Plumbing Waste & Vent Plans 7/18/2014 P200 P200 - Plumbing Water & Gas Plan 7/18/2014 P300 P300 - Plumbing Details 7/18/2014 S001 S001 - General Structural Notes 7/18/2014 S101 S101 - Foundation Plan 7/18/2014 S102 S102 - Mezzanine Framing Plan 7/18/2014 S103 S103 - Roof Framing Plan 7/18/2014 S201 S201 - Foundations Details 7/18/2014 S202 S202 - Wall Framing & Mezzanine Details 7/18/2014 S203 IS203 - Roof Framing Details 7/18/2014 S301 IS301 - Building Sections 7/18/2014 - a N c - 7 Q d r = U Q a -6C �I� Lo (A �- Q- �----- ,_________________ ? a ------ t7 _� - I O o o o` m = U ` m C •� @ o @ N U N � � ml 3 c ` min pc ..- ---------- _L - 3 U o c @ ------------------------- ntf- m- a p m 7 C N O 7 E m c @ c _' - .. 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O CD 1 O U O M (O O O M O N N u0 10 Lo O V (O O r O V m o0 M O r (O (O c0 LO CO N N O M r M O O M M O O 0 U .Q E X LLl � Q: m,, m C o CL N E -C (D ❑ rn c 0 m m m tll L m E : U O d ;', ctj rn ,C C: m❑ ((pp E O m! _ o N Q� p m xs C C o l0 m E m �j W O 7 x O. iF O LL C O= C N qj' LL N m (` m w N (` m C O m 0 0 7 m m T - O. -. a) C 00 T C O) .w N a E c U a m ti x C7 (9 •> , r n❑ m LL a. m m F E C c m r U > o o m (0 m 0 (D a) - o o o m E .� rn m ❑ c�, m o d Q. E o b E rn n o° otS p a m 0 .N m m c @ 0 �, LL ,c c E°o !.� I` a m wn❑ N o0. o - w o°� C7 c (9 •� 06 rn U o E! o U U lL Ci u ami ! n N L) w :. ® _� o rn o m p m s rn a� N d m 'm in m o; .c` m o o m n: °> 0 �o Z O ..c `E2 c c 3 3 LL CL m in a o: co -E-x o 9 IL 5 U a m w w x ami U) ❑ x > '«5 U! Q iI E m F- c O O! O wO O O O Nm O O O O ' M O NLo 0 O O M O 'Vu) O O 0 O CD m N O ,Q N O O O 0;0 5� Oco !P6 . co M m@ Cl) mm'LEO m N jN:N c •�m N 04 p � - 3 EO _ LL LL r O m E � Q � O U • • • Contractors and Subcontractors shall provide evidence that the following minimum coverage is provided. Commercial General Liability (ISO Form CG0001 (10/01) or Equivalent) • $2,000,000 General Aggregate • $2,000,000 Products/Completed Operations Aggregate • $1,000,000 Each Occurrence • $1,000,000 Personal Injury and Advertising Injury • $ 100,000 Fire Damage Liability • $ 5,000 Medical Expenses — Each Person o Limits must be on a "Per Project Aggregate". o City of Meridian and Beniton Construction Company must be listed as additional insured (ISO Form CG2010 (11/85), or CG2010 (10/01) and CG2037 (10/01), or Equivalent). A copy of the endorsement adding Beniton Construction Company shall be included with the certificate of insurance. o Completed operations coverage will remain in effect for 2 years after project completion. Business Automobile Liability • $1,000,000 Each Occurrence Worker's Compensation and Emplovers Liabilitv Insurance • Statutory Limits • Employers Liability o $1,000,000 Each Accident o $1,000,000 Policy Limits o $1,000,000 Each Employee Excess Liability • $1,000,000 For Architects, Engineers, Surveyors, & Testing Firms: Professional Liability (Errors and Omissions) — Continued for Two (2) Years After Proiect Completion • $1,000,000 per claim and $2,000,000 aggregate for annual claims made coverage OR • $1,000,000 project coverage ➢ Certificate of Insurance must be project specific. ➢ Please provide written documentation in regards to your insurance contract(s) cancellation terms. ➢ Insurance is to be Primary & Non -Contributory to any liability insurance carried by Beniton Construction Co., Inc. and City of Meridian. ➢ Waiver of Subrogation applies in favor of Beniton Construction Co., Inc. and City of Meridian. CERTIFICATE OF LIABILITYI DATE(MMIDDIYYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Producer's name and address PHONE FAX Extit.., (A1C No); E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # EACH OCCURRENCE INSURER A: Issuing CpmIT * AM BEST A-VII:or Better _ -._ —._. _ r_ _._ r� INSURED INSURER B: 17 INSURER C : • ' Subcontractor name and address INSURER D; F' eJ CLAIMS -MADE OCCUR INSURER F: UL/VI=HAL3tJ L:h_HI IFICATE NI1flflRFR, RCCI!@lilhl:Al11ftAa Com. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 15 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. SUER-- POLICY EFF POLICY EXP LTR TYPE OF INSURANCE POLICY NUMBER MWDDIYYYY M IYYYY LIMITS ACCORDANCE WITH THE POLICY PROVISIONS, GENERAL LIABILITY AUTHORIZED REPRESENTATIVE Meridian, ID 83680 Original Signature EACH OCCURRENCE 3 1 Q00 00 0 X COMMERCIAL GENERAL LIABILITYFT 17 DAMAGETO RENTEIS `- PREMISES�Ea occurrence) _.,_ _ 3 100,000 eJ CLAIMS -MADE OCCUR MEp EXP (Any one parson) S 10 000 Current policy # 09/01/20i 1 09/01/2012 PERSONAL & ADV INJURY 3 1,000 000 _ GENERAL AGGREGATE 5 2,000,000 GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $ 2 QQQ,QO� `, ` POLICY X< PROT- 1-1 LOC , - -. .. .. $ LIABILITY f I �`. `. COMAUTOMOBILE SEa aalden NED S G L $ 1,000,000 X ANY AUTO '� `, BODILY INJURY (Per person) 3 ALL OWNED SCHEDULED Autos ov�rlEO CUrterlt Policy # 09701/2011 09/01/2012 BODILY INJURY (Par accident) $ - - - - - -- -- - - - – . PROPERTY DAMAGE _ Per accident NON HIRED AUTOS AUTOS $ X( UMBRELLA LIAB x OCCUR � l� s EACH OCCURRENCE $ 1,000,000___. EXCESS LIAB CLAIMS MADE i Current policy# 09/01/2011 09/01/2012 AGGREGATE _ $ 1,000,000 DED RETENTION $ f $ WORKERS COMPENSATION x VrC STATU- OTH- e _ (� Y LIMAS_ � _ AND EMPLOYERS' LIABILITY YIN`, ANY PROPRIETORIPARTNERIEXECUTIVE ," '', OFFICEIMEMBEREXCLUDED? r 11 NIS+' Urrent ,Currentpoiicy 09/01/2011 09/01/2012 EACHACCIDENT $ 1,900000 _ ---_—__ E_L DISEASE - Flt EMPLOYE (Mandatory in NH) ' ' $ 1000,000 If yes, describe under �, I _ -- _ _ E.L DISEASE POLICY LIMIT _ --U— S 1,000,000 DESCRIPTION OF OPERATIONS LOCATIONS I VEHICLES/(ANaeh ACORD 101, Additional Remarks Schedule, If more space Is required) Re: City of Meridian Waste Water Treatment Plant Maintenance Shop. City of Meridian and Beniton Construction are listed as Additional Insured perthe Commercial General Liability coverage on a primary and non-contributory basis regarding above project provided by form CG2010 10/01 and CG2037 10101 (or equivalent). Waiver of Subrogation applies in favor of the Beniton Construction Company, Inc. and owner (except WC). CERTIFICATE HOLDER CANCFI_l_ATION O 1988-2010 ACORD CORPORATION, All rights reserved, ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Beniton Construction Company, Inc. ACCORDANCE WITH THE POLICY PROVISIONS, P.O. Box 838 AUTHORIZED REPRESENTATIVE Meridian, ID 83680 Original Signature O 1988-2010 ACORD CORPORATION, All rights reserved, ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD Page 1 of 1 Home I Setup an Account I Log In Public >.. Username Password LOGIN i_7 REMEMBER ME Forgot PassvmrdfUsername Permits Apply Search Pay Fees Licenses Search Trade Licenses Search Public Works Inspections Schedule Cancel Elevators Search Elevators Violations Search Shopping Cart Pay All Fees Contact Contact us Public Works Search ' seai"rh Again Download Results P ntable View First ,Pievi Page: 1 of 1 Next Last: Details - License Number: PWC -C-16967 Lic Info Registration #: PWC -C-16967 Issue: 1/14/2014 Expire: 1/31/2015 Type: PUBLIC WORKS Sub -Type: B Status: ACTIVE Company: All Colors, Inc, Phone: (208)433-8182 Cell: (208) 724-8210 Pager: Fax: (888)327-1413 Owner Name: All Colors, Inc. The Division of Building Safety, makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this websile indicates understanding and acceptance of this statement. 1-800-955-3044, 1090 E Watertower St, Suite 150 Meridian ID 83642 HOME I CON To ACT https://web.dbs.idaho.gov/eTRAKiT3/Custom/ldaho PublicWorlcsSearchRslts.aspx 10/2/2014 PublicWorks Search Print Page 1 of 1 Company License Work License License APPlicantOwner Com an Com an Company ComDanv —E: irationParent Name Number CateeoryTvne Class Status Name Name Address Li1y State Zip Code Phone Date License Number All Colors, 09900, PWC -C- 09950, All 1111S. 4 B ACTIVE All Colors, Colors, Orchard St. BOISE to 83705 (208) 433- 1/31/2015 Inc. 16967 09960, 12490 Inc. Inc. Suite 100 8182 https://web.dbs.idaho.gov/eTRAKiT3/Custom/ldaho_PublicWorksPrint.aspx 10/2/2014 IDSOS Viewing Business Entity Page I of I IDAHO SECRETARY OF STATE o-11 Viewing Business Entity Ben Ysursa, Secretary of State New Search Back to SuMInary Get a certificate of existence for ALL COLORS INC , [ Monitor ALL COLORS�iNC. business filings ] ALL COLORS, INC. 1111 S ORCHARD STE 100 BOISE, ID 83705 Type of Business: CORPORATION, GENERAL BUSINESS Status: GOODSTANDING, ANREPT SENT 11 Aug 2014 State of Origin: IDAHO Date of 21 Oct 2008 Origination/Authorization: Initial Registered Agent: LORI BRADLEY 4818 EDSON ST BOISE, ID 83705 Organizational ID / Filing C180547 Number: Number of Authorized Stock 10000 Shares: Date of Last Annual Report: 21 Aug 2014 [ lel Me Print/View TIFF ] Filed 21 Oct 2008 INCORPORATION View Image (PDF format) View Irna�e (TIFF format) Delp Me Pri�ntVie�wTIFF Report for year 2014 ANNUAL REPORT View Document Online Report for year 2013 ANNUAL REPORT View Document Online Report for year 2012 ANNUAL REPORT View Document Online Report for year 2011 ANNUAL REPORT View Document Online Report for year 2010 ANNUAL REPORT View Document Online Report for year 2009 ANNUAL REPORT View Document Online Report for year 2008 CHANGE View jmaqeLPDF fgratj View m____ ADDRESS Image TIFF Idaho Secretacy-aLState"s i�ai:� Page Comments, questions or suggestions can be emailed to: sosin Usos idaho agstf���ops http://v,,ww.accessidaho.org/public/sos/corp/C I 80547.html 10/2/2014 I .A. -n -,AIA �' 1 Adviser Edition AGREEMENT made as of the 26th day of August in the year 2014 (In words, indicate day, month andyear) ADDITIONS AND DELETIONS: The author of this document has BETWEEN the Owner: added information needed for its (Name, legal status, address and other information) completion. The author may also have revised the text of the original City of Meridian AIA standard form. An Additions and 33 E. Broadway Deletions Report that notes added Meridian, ID 83642 information as well as revisions to the standard form text is available from and the Contractor: the author and should be reviewed. A (Name, legal statzes, address and other information) vertical line in the left margin of this document indicates where the author D&A Door & Specialties, Inc. has added necessary information 2667 S. Victory View Way and where the author has added to or Boise, ID 83709 deleted from the original AIA text. This document has important legal for the following Project: consequences. Consultation with an (Name, location and detailed description) attorney is encouraged with respect to its completion or modification. City of Meridian Waste Water Treatment Plant Maintenance Shop 3401 N. Ten Mile Road This document is intended to be used Meridian, ID 83642 in conjunction with AIA Documents A232TM-2009, General Conditions of The Construction Manager: the Contract for Construction, (Name, legal status, address and other information) Construction Manager as Adviser Edition; B132TM-2009, Standard Form of Agreement Between Owner Beniton Construction Co., Inc. and Architect, Construction Manager P.O. Box 838 as Adviser Edition; and Meridian, ID 83680 C132TM-2009, Standard Form of Agreement Between Owner and The Architect: Construction Manager as Adviser. (Name, legal status, address and other information) AIA Document A232TM-2009 is CTA, Inc. adopted in this document by 800 West Main Street, Suite 800 reference. Do not use with other Boise, ID 83702 general conditions unless this document is modified. The Owner and Contractor agree as follows. AIA Document Al 32 TM — 2009 formerly A101 TMCMa —1992). Copyright© 1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIADocument 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 t the law. This document was produced by AIA software at 13:11:08 on 08/29/2014 under Order No.5637907229_1 which expires on 01/06/2015, and is not for resale. User Notes: (1900246324) TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS 10 INSURANCE AND BONDS 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, all of which 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 fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. Bid Package #09: Doors & Frames — Provide all labor, materials, tools and equipment necessary to complete the Doors & Frames in accordance with Project Plans, Specifications, Addendum No. 1, and the Bid Form for BP #09. Note: All required forms, information and insurances must be completed and submitted to Beniton Construction before commencement of any work including but not limited to the Request for Contract Information, MSDS, safety program, a list of suppliers and subcontractors, and any additional forms as requested in the specifications. Provide submittals electronically if available, or one (1) clean copy (able to scan); some exceptions may apply. Samples and color charts must be provided separately. Contractor shall provide (2) full size copies of approved shop drawings to Beniton. Contractor is responsible to pay all applicable taxes, which are included in the contract price. Contractor is required to provide three (3) hard copies and one (1) electronic copy of closeout information (O&M Manuals, Warranties, etc.) and one (1) complete set of Record Drawings, as requested prior to substantial completion. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be the date of this Agreement 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. (Insert the date of commencement, if it differsftorn the date of this Agreement or; if applicable, state that the date 11,ill be fixed in a notice to proceed.) If, prior to the commencement of the Work, the Owner requires time to file mortgages, mechanics' liens and other security interests, the Owner's time requirement shall be as follows: N/A AIA Document A132TM — 2009 `rformerly A101 TMCMa —1992). Copyright ©1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Inst. reserved. WARNING: This AIA' Document Is protected by U.B. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 2 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 13:11:08 on 08/29/2014 under Order No.5637907229_1 which expires on 01/06/2015, and is not for resale. User Notes: (1900246324) § 3.2 The Contract Time shall be measured from the date of commencement. § 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than ( ) days from the date of commencement, or as follows: (Insert number of calendar days. Alteu•natively, a calendar date may be used when coordinated with the date of commencement. If appropriate, insert requirements for• earlier• Substantial Completion of ceJtain portions of the Work.) Per Exhibit "C" Portion of the Work Substantial Completion Date BP #09: Doors & Frames March 27, 2015 , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insertprovisions, if any, for liquidated damages relating to failure to achieve Substantial Completion on time or for bonus payments fou early completion of the Work.) Per Supplementary Conditions ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be one of the following: (Check the appropriate box.) [ X ] Stipulated Sum, in accordance with Section 4.2 below [ ] Cost of the Work plus the Contractor's Fee without a Guaranteed Maximum Price, in accordance with Section 4.3 below [ ] Cost of the Work plus the Contractor's Fee with a Guaranteed Maximum Price, in accordance with Section 4.4 below (Based on the selection above, complete Section 4.2, 4.3 or 4.4 below. Based on the selection above, also complete either Section 5.1.4 5.1.5 or 5.1.6 below.) § 4.2 Stipulated Sum § 4.2.1 The Stipulated Sum shall be Twenty Five Thousand One Hundred Eighty and No/100 Dollars ($ 25,180.00 ), subject to additions and deletions as provided in the Contract Documents. § 4.2.2 The Stipulated Sum is based on the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the munbers or other identification of accepted alternates. If the bidding or proposal documents permit the Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires.) N/A § 4.2.3 Unit prices, if any: (Identify and state the unit price, and state the quantity limitations, if any, to which the unit price will be applicable.) Item N/A Units and Limitations Price per Unit ($0.00) § 4.2.4 Allowances included in the Stipulated Sum, if any: (Identify allowance and state exclusions, if any, front the allowance price.) AIA Document A132TPA — 2009 `rformerly A101 TMCMa —1992). Copyright© 1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AM' Document is protected by U.S. Copyright Law and International Treatises. Unauthorized reproduction or distribution of 3 this AIA(' Document, or any portion of it, may result its severe civil and criminal penalties; and will be prosecuted to the maximum extent possible under t the law. This document was produced by AIA software at 13:11:08 on 08/29/2014 under Order No.5637907229_1 which expires on 01/06/2015, and is not for resale. User Notes: (1900246324) Item N/A Allowance § 4.3 Cost of the Work Plus Contractor's Fee without a Guaranteed Maximum Price This section has been deleted as it does not apply to this "Stipulated Sum" contract (See Paragraph 4.2) (Paragraph deleted) (Table deleted) (Paragraphs deleted) § 4.4 Cost of the Work Plus Contractor's Fee with a Guaranteed Maximum Price This section has been deleted as it does not apply to this "Stipulated Sum" contract (See Paragraph 4.2) (Paragraphs deleted) (Table deleted) (Paragraphs deleted) (Table deleted) (Paragraphs deleted) ARTICLE 5 PAYMENTS § 5.1 Progress Payments § 5.1.1 Based upon Applications for Payment submitted to the Construction Manager by the Contractor, and upon certification of the Project Application and Project Certificate for Payment or Application for Payment and Certificate for Payment by the Construction Manager and Architect and issuance by the 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. § 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month. § 5.1.3 Provided that an Application for Payment is received by the Construction Manager not later than the 25th day of a month, the Owner shall make payment of the certified amount in the Application for Payment to the Contractor not later than the 30th 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 sixty ( 60 ) days after the Construction Manager receives the Application for Payment. (Federal, state or local laws may inquire payment within a certain period of titne.) § 5.1.4 Progress Payments Where the Contract Sum is Based on a Stipulated Sum § 5.1.4.1 Each Application for Payment shall be based on the most recent 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 and 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. § 5.1.4.2 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5.1.4.3 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .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 7.3.9 of the General Conditions; .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 five percent ( 5 %); .3 Subtract the aggregate of previous payments made by the Owner; and AIA Document A132TM — 2009 formerly A101 T11CMa —1992). Copyright© 1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. reserved*WARNING : This AEA Document is protected by U.S. Copyright Law and International Treaties. unauthorized reproduction or distribution of 4 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 t the law. This document was produced by AIA software at 13:11:08 on 08/29/2014 under Order No.5637907229_1 which expires on 01/06/2015, and is not for resale. User Notes: (1900246324) .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. § 5.1.4.4 The progress payment amount determined in accordance with Section 5.1.4.3 shall be further modified under the following circumstances: 1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to ninety-five percent ( 95 %) of the Contract Sum, less such amounts as the Construction Manager recommends and the Architect determines for incomplete Work and unsettled claims; and .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. § 5.1.4.5 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 5.1.4.3.1 and 5.1.4.3.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation) N/A § 5.1.5 Progress Payments Where the Contract Sum is Based on the Cost of the Work without a Guaranteed Maximum Price This section has been deleted as it does not apply to this "Stipulated Sum" contract (See Paragraph 5.1.4) (Paragraphs deleted) § 5.1.6 Progress Payments Where the Contract Sum is Based on the Cost of the Work with a Guaranteed Maximum Price This section has been deleted as it does not apply to this "Stipulated Sum" contract (See Paragraph 5.1.4) (Paragraphs deleted) § 5.2 Final Payment § 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2 of AIA Document A232-2009, and to satisfy other requirements, if any, which extend beyond final payment; .2 the Contractor has submitted a final accounting for the Cost of the Work, pursuant to Exhibit A, Determination of the Cost of the Work when payment is on the basis of the Cost of the Work, with or without a Guaranteed Maximum payment; and .3 a final Certificate for Payment or Project Certificate for Payment has been issued by the Architect; such final payment shall be made by the Owner not more than 30 days after the issuance of the final Certificate for Payment or Project Certificate for Payment, or as follows: ARTICLE 6 DISPUTE RESOLUTION § 6.1 Initial Decision Maker The Architect will serve as Initial Decision Maker pursuant to Section 15.2 of AIA Document A232-2009, unless the parties appoint below another individual, not a party to this Agreement, to serve as Initial Decision Maker, (If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if other than the Architect) § 6.2 Binding Dispute Resolution For any Claim subject to, but not resolved by, mediation pursuant to Section 15.3 of AIA Document A232 2009, the method of binding dispute resolution shall be as follows: (Check the appropriate box. If the Ott ner and Contractor do not select a method of binding dispute resolution below, or do not subsequently agree in it�riting to a binding dispute resolution method other than litigation, Claims 1t,ill be resolved by litigation in a court of competentf risdiction.) Init. AIA Document A132111-2009 (formerly A101 TMCMa — 1992). Copyright © 1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This Alp," 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 tinder t the law. This document was produced by AIA software at 13:11:08 on 08/29/2014 under Order No.5637907229 1 which expires on 01/06/2015, and is not for resale. User Notes: (1900246324) [ ] Arbitration pursuant to Section 15.4 of AIA Document A232-2009 [ X ] Litigation in a court of competent jurisdiction. [ ] Other: (Specify) ARTICLE 7 TERMINATION OR SUSPENSION § 7.1 Where the Contract Sum is a Stipulated Sum § 7.1.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A232-2009. § 7.1.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A232-2009. § 7.2 Where the Contract Sum is Based on the Cost of the Work with or without a Guaranteed Maximum Price This section has been deleted as it does not apply to this "Stipulated Sum" contract (See Paragraph 7.1) (Paragraphs deleted) ARTICLE 8 MISCELLANEOUS PROVISIONS § 8.1 Where reference is made in this Agreement to a provision of AIA Document A232-2009 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 8.2 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.) (Paragraph deleted) § 8.3 The Owner's representative: (Name, address and other information) Beniton Construction Co., Inc. Bryce Parker P.O. Box 838 Meridian, ID 83680 § 8.4 The Contractor's representative: (Marne, address and other information) D&A Door & Specialties, Inc. Jeff Davenport 2667 S. Victory View Way Boise, ID 83709 § 8.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. § 8,6 Other provisions: N/A ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated in the sections below. § 9.1.1 The Agreement is this executed AIA Document A132-2009, Standard Form of Agreement Between Owner and Contractor, Construction Manager as Adviser Edition. AIA Document A132TM — 2009 formerly A101 T'"CMa —1992). Copyright© 1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init, reserved. WARNING: This AIA' Document is protected by U.S, Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AEA``' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the rnaxirnum extent possible under t the law. This document was produced by AIA software at 13:11:08 on 08/29/2014 under Order No.5637907229_1 which expires on 01/06/2015, and is not for resale. User Notes: (1900246324) § 9.1.2 The General Conditions are, AIA Document A232-2009, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition. § 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual, per attached Exhibit "A". (Table deleted) § 9.1.4 The Specifications: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Per Exhibit "A" (Table deleted) § 9.1.5 The Drawings: (Either list the Drawings here or refer- to an exhibit attached to this Agreement) Per Exhibit "B" (Table deleted) § 9.1.6 The Addenda, if any: Number Date Pages Per Exhibit "A" 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 Additional documents, if any, forming part of the Contract Documents are: .1 (Paragraphs deleted) Other documents, if any, listed below: (List here any additional documents which are intended to form part of the Contract Documents. AIA Document A232-2009 provides that bidding requirements such as advertisement or imitation 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.) * Exhibit "I" and Sample Certificate — Insurance Requirements Request for Contract Information "-5 Form * Affidavit Concerning Taxes * Application for Payment and Schedule of Values ARTICLE 10 INSURANCE AND BONDS The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article I 1 of AIA Document A232-2009. (State bonding requirements, if any, and limits of liability for insurance required in Article 11 of AIA Document A232-2009.) Type of Insurance or Bond Limit of Liability or Bond Amount Insurance per attached Exhibit "I" Payment & Performance Bonds 100% of the Contract Amount (see Supplementary Instructions to Bidders for delivery requirement) AIA Document A132TIA — 2009 rformerly A101 TMCMa —1992). Copyright© 1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA`' Document is protected by U.S. Copyright haw 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 t the law. This document was produced by AIA software at 13:11:08 on 08/29/2014 under Order No.5637907229_1 which expires on 01/06/2015, and is not for resale. User Notes: (1900246324) This Agreement is entered into as of the day and year first written above. OWNER (Signature) C. (ZQIAA1-tLkk , Q-, ?,A 0j &Q .-- (Printed Qj— (Printed name and title) CO Tmt— (Signature) (Prix ed name and title) AIA Document A132TM — 2009 formerly A101111CMa— 1992). Copyright @) 1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. 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 13:11:08 on 08/29/2014 under Order No.56379072291 which expires on 01/06/2015, and is not for resale. User Notes: (1900246324) Meridian Wastewater Treatment Plant (MWWTP) 5/14 Maintenance Facility Invitationto Bid ..................................... ............................................ ............................1-1 Noticeto Bidders ........... ................. .............................................................................. 1-4 AIA A701 Instructions to Bidders ................. .................................................. ................ 1-6 Supplemental Instructions to Bidders...........................................................................1-4 Bid Form Table of Contents..........................................................................................1-1 BidForms- ................................................................................................................. 1-40 ProjectSchedule ............................... ........................................................................... 1-3 AIA A132 Standard Form of Agreement Between Owner and Contractor. .................... 1-8 Supplementto Agreement ................ ............................................................. ............... 1-2 AIA A232 General Conditions of the Contract ................... .......................................... 1-43 Supplementary Conditions............................................................................................1-5 Exhibit I — Insurance Requirements............................................................................. 1-1 Contractor's Affidavit Concerning Taxes.......................................................................1-1 Public Works Contract Tax Report (WH -5) ...................... ............................................. 1-2 SPECIFICATIONS DIVISION 01 — GENERAL REQUIREMENTS 011000 SUMMARY OF WORK ............................................. .................................. ......... 1-2 012300 ALTERNATES ...... ................. ............................. .................................................1-1 012900 PRICE AND PAYMENT PROCEDURES ........................................... .................. 1-4 013100 PROJECT MANAGEMENT AND COORDINATION.............................................1-4 013300 SUBMITTAL PROCEDURES... ............................................................................ 1-2 014200 REFERENCES....................................................................................................1-4 014500 QUALITY CONTROL... 015000 TEMPORARY FACILITIES AND CONTROLS.....................................................1-9 016000 PRODUCT REQUIREMENTS.............................................................................1-2 FORM SUBSTITUTION REQUEST FORM.....................................................................1-1 017300 EXECUTION .................. ............... ....................................................................... 1-6 017320 CUTTING AND PATCHING ..................... ............................................................ 1-3 017700 CLOSEOUT PROCEDURES .......................................... ..................................... 1-6 DIVISION 02 — EXISTING CONDITIONS 024116 STRUCTURE DEMOLITION ........................ ........................................................ 1-5 DIVISION 03 — CONCRETE 033000 CAST -IN-PLACE CONCRETE ............................ ............................................... 1-12 033543 POLISHED CONCRETE FINISHING...................................................................1-2 DIVISION 04 — MASONRY 042200 CONCRETE UNIT MASONRY..........................................................................1-13 TABLE OF CONTENTS 1 Meridian Wastewater Treatment Plant (MWWTP) Maintenance Facility DIVISION 06 — METALS 051200 STRUCTURAL STEEL FRAMING ........... 052100 STEEL JOIST FRAMING ......................... 053100 STEEL DECKING .................................... 054000 COLD -FORMED METAL FRAMING ........ 055000 METAL FABRICATIONS ......................... 055119 METAL GRATING STAIRS ...................... 055213 PIPE AND TUBE RAILINGS .................... 5/14 ...........................................................1 -6 ............................... ............................ 1-4 .............................. ................. ..1-5 .............. ............................................. 1-8 ...........................................................1-6 ...........................................................1-4 .................................. ................ ......... 1-5 DIVISION 06 —WOOD, PLASTICS, AND COMPOSITES 061053 MISCELLANEOUS ROUGH CARPENTRY ..... ............ ........................................ 1-2 DIVISION 07 — THERMAL AND MOISTURE PROTECTION 071113 BITUMINOUS DAMPROOFING.............................................. ............................. 1-3 072100 THERMAL INSULATION.....................................................................................1-4 074113.16 STANDING -SEAM METAL ROOF PANELS........................................................1-7 074213.53 METAL SOFFIT PANELS ...................................... .................................. ............ 1-5 077253 SNOW GUARDS ................................. ..................... ........................................... 1-2 079200 JOINT SEALANTS...............................................................................................1-7 ■11y/63Eel s • - , k 081113 HOLLOW METAL DOORS AND FRAMES .............................. .................. .......... 1-7 083113 ACCESS DOORS AND FRAMES........................................................................1-3 083323 OVERHEAD COILING DOORS...........................................................................1-6 086200 UNIT SKYLIGHTS...............................................................................................1-3 087111 DOOR HARDWARE (DESCRIPTIVE SPECIFICATION)..................................1-12 088000 GLAZING........................................................... .................................................. 1-7 092216 NON-STRUCTURAL METAL FRAMING..............................................................1-5 092900 GYPSUM BOARD .................................................... ........................................... 1-3 093013 SF CERAMIC TILING.................................................................................1-7 095123 ACOUSTICAL TILE CEILINGS............................................................................1-3 096513 RESILIENT BASE AND ACCESSORIES .............................. ............................... 1-3 099113 EXTERIOR PAINTING ....... .................................................................................. 1-3 099123 INTERIOR PAINTING..........................................................................................1-4 DIVISION 10 —SPECIALTIES 102600 WALL AND DOOR PROTECTION.......................................................................1-2 102800 TOILET, BATH, AND LAUNDRY ACCESSORIES...............................................1-3 104416 FIRE EXTINGUISHERS ....................... ................................ ............................... 1-3 105113 METAL LOCKERS .... ........................................................................................... 1-5 DIVISION 11 — EQUIPMENT NOT USED DIVISION 12 — FURNISHINGS 122113 HORIZONTAL LOUVER BLINDS.............................................................. .......... 1-3 123623.13 PLASTIC -LAMINATE -CLAD COUNTERTOPS ............................................... ..... 1-4 TABLE OF CONTENTS 2 Meridian Wastewater Treatment Plant (MWWTP) 5/14 Maintenance Facility DIVISION 13 - SPECIAL CONSTRUCTION NOT USED DIVISION 14 - CONVEYING EQUIPMENT NOT USED DIVISION 15 - 21 (NOT USED) 1108 lul ►l I�7 221113 FACILITY WATER DISTRIBUTION PIPING .................................... .................... 1-7 221116 DOMESTIC WATER PIPING .................................... ........................................... 1-7 221119 DOMESTIC WATER PIPING SPECIALTIES.......................................................1-8 SEISMIC CONTROLS FOR PLUMBING AND HVAC..........................................1-6 221123 DOMESTIC WATER PUMPS..............................................................................1-4 IDENTIFICATION FOR PLUMBING AND HVAC PIPING AND EQUIPMENT ...... 221313 FACILITY SANITARY SEWERS .......... .......................... ...................................... 1-5 221316 SANITARY WASTE AND VENT PIPING .................. ......................................... 1-16 221319 SANITARY WASTE PIPING SPECIALTIES...................................................... ..1-8 221513 GENERAL -SERVICE COMPRESSED -AIR PIPING...........................................1-10 METAL DUCTS ...................... ............. ....................... .................. ..................... 221519 GENERAL -SERVICE PACKAGED AIR COMPRESSORS AND RECEIVERS ..... 1-9 223400 FUEL -FIRED DOMESTIC WATER HEATERS.....................................................1-7 HVAC POWER VENTILATORS...........................................................................1-6 224000 PLUMBING FIXTURES ................ ..................................................................... 1-11 224500 EMERGENCY PLUMBING FIXTURES ...... ................. ......................................... 1-5 224700 DRINKING FOUNTAINS AND WATER COOLERS............................................1-5 PARTICULATE AIR FILTRATION........................................................................1-2 230500 COMMON WORK RESULTS FOR PLUMBING AND HVAC..............................1-11 230523 GENERAL -DUTY VALVES FOR PLUMBING AND HVAC PIPING......................1-5 230549 SEISMIC CONTROLS FOR PLUMBING AND HVAC..........................................1-6 230553 IDENTIFICATION FOR PLUMBING AND HVAC PIPING AND EQUIPMENT ...... 1-4 230593 TESTING, ADJUSTING, AND BALANCING FOR HVAC ................ ..................... 1-5 230700 HVAC INSULATION ...... ................. ..................................................................... 1-9 231123 FACILITY NATURAL-GAS PIPING......................................................... ........... 1-17 233113 METAL DUCTS ...................... ............. ....................... .................. ..................... 1-13 233300 AIR DUCT ACCESSORIES........................................................ ................. ...... 1-10 233423 HVAC POWER VENTILATORS...........................................................................1-6 233713 DIFFUSERS, REGISTERS, AND GRILLES ..................................... .................... 1-3 233813 COMMERCIAL -KITCHEN HOODS ........ .............................................................. 1-5 234100 PARTICULATE AIR FILTRATION........................................................................1-2 235100 BREECHINGS, CHIMNEYS, AND STACKS........................................................1-3 235400 FURNACES.........................................................................................................1-6 235533 FUEL -FIRED UNIT HEATERS............................................................ ................. 1-4 236200 PACKAGED COMPRESSOR AND CONDENSER UNITS...................................1-4 237423 PACKAGED, INDIRECT -FIRED, INDOOR, HEATING -ONLY MAKEUP -AIR UNITS................................................................................................................. 1-9 TABLE OF CONTENTS 3 Meridian Wastewater Treatment Plant (MWWTP) 5/14 Maintenance Facility • WIVISION• r • - 260500 COMMON WORK RESULTS FOR ELECTRICAL...............................................1-5 260519 LOW -VOLTAGE ELECTRICAL POWER CONDUCTORS AND CABLES ............ 1-3 260526 GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS ...........................1-4 260529 HANGERS AND SUPPORTS FOR ELECTRICAL SYSTEMS.............................1-4 260533 RACEWAYS AND BOXES FOR ELECTRICAL SYSTEMS................................1-10 260553 IDENTIFICATION FOR ELECTRICAL SYSTEMS...............................................1-6 260573 OVERCURRENT PROTECTIVE DEVICE COORDINATION AND ARC FLASH STUDY................................................................................................................1-7 262200 LOW -VOLTAGE TRANSFORMERS .............................................. ...................... 1-4 262416 PANELBOARDS....................................................... ........................................... 1-6 262726 WIRING DEVICES...............................................................................................1-5 262813 FUSES................................................................................................................1-3 262816 ENCLOSED SWITCHES AND CIRCUIT BREAKERS.........................................1-5 262913 ENCLOSED CONTROLLERS.............................................................................1-5 265100 INTERIOR LIGHTING..........................................................................................1-8 DIVISION 27 — COMMUNICATIONS 270500 COMMON WORK RESULTS FOR COMMUNICATIONS....................................1-4 271100 COMMUNICATIONS EQUIPMENT ROOM FITTINGS........................................1-5 271300 COMMUNICATIONS BACKBONE CABLING .... .................... ............... ............... 1-8 271500 COMMUNICATIONS HORIZONTAL CABLING ......................................... ........ 1-10 DIVISION 28 — ELECTRONIC SAFETY AND SECURITY 280500 COMMON WORK RESULTS FOR ELECTRONIC SAFETY AND SECURITY ..... 1-4 283100 FIRE DETECTION AND ALARM ........ ............................................................... 1-11 DIVISION 29 — 30 (NOT USED) DIVISION 31 — EARTHWORK 311000 SITE CLEARING ................................ ....................... ............... ........................... 1-4 312000 EARTH MOVING ......................................... .................. ............. ............. ............ 1-8 312319 DEWATERING., ............... .................................................................................. 1-2 DIVISION 32 — EXTERIOR IMPROVEMENTS 321216 ASPHALT PAVING................................................................................ 321313 CONCRETE PAVING............................................................................ DIVISION 33 — UTILITIES 334100 STORM UTILITY DRAINAGE PIPING ............................................. ADDENDUM NO. 1, dated 7/31/14................................................................... ... I...... 1-17 TABLE OF CONTENTS 4 WWTP Maintenance Facility 3401 N. Ten Mile, Meridian, ID 836AWA Exhibit "B" CONSTRUCTION DRAWINGS SHEET# A100 DESCRIPTION A100 - Wall and Horizontal Assembly Details DATED 07/18/2014 A101 A101 - Floor Plan 07/18/2014 A102 A102 - Mezzanine Floor Plan 07/18/2014 A110 A110 - Roof Plan 07/18/2014 A111 A111 - Roof Details 07/18/2014 A201 A201 - Exterior Elevations 07/18/2014 A301 A301 - Building Sections 07/18/2014 A401 A401 - Stair Plans and Details 07/18/2014 A501 A501 - Finish Plan 07/18/2014 A601 A601 - Door and Window Schedules and Details 07/18/2014 A901 A901 - Reflected Ceiling Plan 07/18/2014 C1-101 C1-101 Site Demolition Plan 07/18/2014 C3-101 C3-101 Site Plan 07/18/2014 C7-101 C7-101 Site Plan 07/18/2014 E001 E001 - Legends & Schedules 07/18/2014 E002 E002 - One -Line Diagram 07/18/2014 E003 E003 - Panel Schedules 07/18/2014 E100 E100 - Electrical Site Plan 07/18/2014 E201 E201 - First Floor Lighting Plan 07/18/2014 E202 E202 - Mezzanine Lighting Plan 07/18/2014 E203 E203 - Lighting Compliance Forms 07/18/2014 E301 E301 - First Floor Power Plan 07/18/2014 E302 E302 - Mezzanine Power Plan 07/18/2014 E401 E401- S ecial Systems Plan 07/18/2014 G101 G101 -Architectural Cover Sheet 07/18/2014 6102 G102 - Code Plan 07/18/2014 G103 G103 - Mezzanine Code Plan 07/18/2014 M001 M001 - Mechanical Schedules & Legends 07/18/2014 M100 M100 - First Floor HVAC Plan 7/18/2014 M101 M101 - Mezzanine HVAC Plan 7/18/2014 M200 M200 - Enlarged Plans and Sections 7/18/2014 M300 M300 - HVAC Details 7/18/2014 M400 M400 - Energy Compliance 7/18/2014 P001 P001 - Plumbing Schedules and Legends 7/18/2014 P100 P100 - Plumbing Waste & Vent Plans 7/18/2014 P200 P200 - Plumbing Water & Gas Plan 7/18/2014 P300 P300 - Plumbing Details 7/18/2014 S001 S001 - General Structural Notes 7/18/2014 S101 S101 - Foundation Plan 7/18/2014 S102 S102 - Mezzanine Framing Plan 7/18/2014 S103 S103 - Roof Framing Plan 7/18/2014 S201 S201 - Foundations Details 7/18/2014 S202 S202 - Wall Framing & Mezzanine Details 7/18/2014 S203 S203 - Roof Framing Details 7/18/2014 S301 S301 - Building Sections 7/18/2014 p ___�___•D __ ° __ �__ Z ______�_________________ U_ _ a____________' ° EL U i___________________ @ J o 6) .�`. n o v.° f a a @ @ U) o C -o a Q Q___Q___i___� ____r__________________ _ Q �_____ _' �_______J_ c ___________ Cl_.__ C__�t________ ------------------ (D p o ° n o p `m c m O g 2 @ N U v N CO-- @ m1 v in C p _ -. 3 r . --(D ) o..___r_____ - - c,r-_ �_ .a) q; o--._---_r_________�_ I C E -IL a) 7 N u) C O C C a) L i toT N U) 1 d E mr m W c- 5@ c_ @ _ a 7 r c r c .q o c _ O __ - a ---�--t°ar Sr- ------ —� a) r r o N Ti m W 7' O m m c 2 3 LL 3 °o °o @ a c a@) >'--'-- D) o _ v a� ots N in --- ---- --- a) 5 c-- 0 F° R O cL _ E= -o C _ 7 ---- c (� otS U _� @ r '--- V) •c 0 -om O m o U c d m > a _r_ __ _ a _�,__N a) _6_ r a N a uu) , @ E @ @ = @ E C m,v c Z) o l.L Q • r a) � o m m Q a o f a J__ ___ ____ {_ ��------------- ST) _____�__-._O_� O 7@ __ __ ____O__0 F� _ _ __ ___ ___ ____ __ __ ----- __________________ @ Q)) t3 O o w � 7 Y ' r V V V V 'd' 'I u) Q7 °@jaa) a) a a a) atS tS tS tS m m YS t5 ° v n is o a� a o 0 0 o:a)(n VN2 O Q to m.N tq m;to O O O O � O O o Z'oNooM (O N: N O O: c6 ! 6 o N: c6 MN• c N N N N--. O a) V � V d V mec V d 7 V V V V V V V V d N n7 V V " i 7 'a N (6 T i J +J Il Li 019 �� � O � O O O O O ZZZ� dtN- V C IN m co O O N O o7 0o O O O I o0 Nco o � 0 - Nm— oO N OO N o M N ;' uV) tVO �O 0 o o04 O O O O O O c O •. O O O; O O O O O O O! O ! O O O O O-. O 0 r r U 1 tY go O O n P') o, O M ; N Na N Nlo (`7 tS) co (n M (o co (n Nm Mu) N N O I- n O O f) U w U) J ". O) . C �Lv a) C IL cn ° a) U,o' N a) .O V) a) E C N E; Wu N 7 Q v l rn° N C C O: c C c N O) Co a 7 n 0)!.� C O o U O U v - -c m a) 'O "� a7 C E O C aNa'' C @ ° ° E co ° E 3 .� o' ac IU 05 n c c°63 o Cd C E U E 7 O �!u .� O t E u) N E U)- a) �,a) T) cn -C -o @;c @ .. 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U ----- --------- -------------- ---------- - -------------------------------------------------------------------- ----------------------- ---------------- --- Q • Q --------------- ----------------- ----------------------------------- ---------------------- ------------------ ------------ ar 4= Y co V VLo Lf) "',. V d' N N Lp ”, 0 to "" to Lo to "� to tp In N .: N In 1p Ln In In N 75 (O rO r,cl) .rrr N O- N N Lo O M .- rN ! N!N'NN O M M "t0 ". N V' V' V V t It V 7 It V V V to to Lo N t0 ILO to to N r to to 't0 N r r N : N r r N . to N N m -0 r r r U) a) O a) ❑:❑ 7 a) a) O a) a) N ❑'.O ❑ N O N a) a) N C C C a) .a m a) N .n -a N N - @ Co @ @ @ @ @ @ @ @ @ ' @ @ @ N O O rr r"n o ❑ 0 ❑!O ❑'�"-.� N N N -@i LL -'LL N N LL -.LL N- N Li. LL;� N' � M r r N O r I NN N N NNU N N, - 0 O O C ! O o '•. o o O O O "' 0 " O 0 0 0 0 Cl O O O o o O O l 0 O 0 O 0 O 0 o C O O O O O 0 1 Cl O O O : O o O O U 1 ® O Cl) L O N O M O N O N N N O N O 0 O W M O 0 N W N M N N t0 M M O O co M 0 0 N U @ � E X W Ln r O)' p Q J Y 3 CD p n v o E L F ❑ o o A)@ a c E' 0 m ,c m W y: a f U a c' 'c 4 °rs m C9° m z a c m E y LL S n - J iL u o a) a 00 C U E c n¢ U) . LL @ � f2 Bw E m :" y c C 3 Z) Q. .0 C E m d ca J C L 'S C O Yq C N U N ` d LY O :. U o2S -O N @ @ lL x T C7 i .r9 LL. O 3) a) J ❑ O C LL _N N L 7) O O O T: c an u at E- _ C C Cn 'c a� E @ C CL n- J 'a o c "...E L Ur` N N Q" ° @ a) h E ,-1 LN ❑ (J 4 c C CE •E a) O C CA @ U) a) O o . O7 W O @ u� C �' ❑ v> a •E rn Q C:• L aiS J •° ❑ .Q OR J C7 c c xs c a U o otl m. U 3 a o ig ❑ U o W a) N m v w w C L x @ N C O U U 2 Q 2 C C O a) a) C a°)i a�Qi o m! m O) = Q. _. U) 'm m e m m °> o E@ in a m: �'c in a J o m rn 5 M m ! t -.a n 5 U a ami aa) m w w a@i > x cn.❑ x '� a U¢ iL m E OI �o;U 08 LLQ "" �.O o Y O N O co w O V' O. O O O N g7 C O m 0 O O to O W O N a) O O: O " O N N N O" M o O" t(') V' N to O O h O N 0 M M O o 0 0 M V' N O. O O �,o LA O "' O O` N M ". N m N m N m � M M M m,m ca M m m"m'm m'; to N m m'.m t0 t0 m t17 m:m tl') h. t0 mlm N N N V) L m m m'm C N• N N d�d a,•` C N F'C O O o O! >O > c m w" LL iE aJ r o cu cu a� Q U IN i W _J 4 H1 k ffi WIM91 Wel LIN N Contractors and Subcontractors shall provide evidence that the following minimum coverage is provided. Commercial General Liability (ISO Form CG0001 (10/01) or Equivalent) • $2,000,000 General Aggregate • $2,000,000 Products/Completed Operations Aggregate • $1,000,000 Each Occurrence • $1,000,000 Personal Injury and Advertising Injury • $ 100,000 Fire Damage Liability • $ 5,000 Medical Expenses — Each Person o Limits must be on a "Per Project Aggregate". o City of Meridian and Beniton Construction Company must be listed as additional insured (ISO Form CG2010 (11/85), or CG2010 (10/01) and CG2037 (10/01), or Equivalent). A copy of the endorsement adding Beniton Construction Company shall be included with the certificate of insurance. o Completed operations coverage will remain in effect for 2 years after project completion. Business Automobile Liability • $1,000,000 Each Occurrence Worker's Compensation and Emolovers Liabilitv Insurance • Statutory Limits • Employers Liability o $1,000,000 Each Accident o $1,000,000 Policy Limits o $1,000,000 Each Employee Excess Liability • $1,000,000 For Architects, Engineers, Surveyors, & Testing Firms: Professional Liability (Errors and Omissions) — Continued for Two (2) Years After Proiect Completion • $1,000,000 per claim and $2,000,000 aggregate for annual claims made coverage OR • $1,000,000 project coverage ➢ Certificate of Insurance must be project specific. ➢ Please provide written documentation in regards to your insurance contract(s) cancellation terms. ➢ Insurance is to be Primary & Non -Contributory to any liability insurance carried by Beniton Construction Co., Inc. and City of Meridian. ➢ Waiver of Subrogation applies in favor of Beniton Construction Co., Inc. and City of Meridian. ACGOR& CERTIFICATE LIABILITY I DATE (MWDD,YYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the poilcy(tos) must be endorsed. if SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTAdT NAME: Producer's name and address PHONE FAX IAICMJC Not; E-MAIL ADDRESS: INSURERS AFFORDING COVERAGE NAIL # S 1 000 000 INSURER A.. I5suing_COm�lany; AM BEST A-Vtl Or Better_ X r_ INSURED INSURER 0: INSURER C : - Subcontractor name and address INSURER D: CLAIMS -MADE [XJ OCCUR INSURER E : ' EXP INSURER F: CVVtKAIitJ CERTIFICATE NUMBER: RFV1fiIrtAI AI1IMRFR• :' THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR, THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT UVITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN I$ SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. _-- i4h TYPE OF INSURANCE POLICY NUMBER MM/9DY EFF OUCY EXP /LTRA D LIMITS ACCORDANCE WITH THE POLICY PROVISIONS, GENERAL LABILITY AUTHORtZED REPRESENTATIVE Meridian, ID 83680 EACH OCCURRENCE S 1 000 000 X COMMERCIAL GENERAL LIABILITY bAMAfiEE T6`RENTE6- PREMISES Ea a cu, $ 1 Q QQQ CLAIMS -MADE [XJ OCCUR ' EXP MED (Any one porson) $ 10000 Current policy# 09/01/2611, 09/01/2012 PERSONAL BADV INJURY 51,000,000_-„___ GENERAL AGGREGATE s 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOPAGG _ _-_.. $ 2Qg0004 POLICY X PRO- LOC JEQT 1-1 S AUTOMOBILE LIABILITY come Es acGdenQ G $ 1,000,000 X ANY AUTO', BODILY INJURY (Per person) — $ SED AU OSULED AUTOSCHED Current policy # 09/01/2011 09/01/2012 BODILY INJURY (Per accident) S NON*OWNED HIRED AUOS AUTOS � �, PROPERTY-DAM—AGEie) Per accident $ S X UMBRELLA LIAR X OCCUR � F !F _FACHOCCURRENCE S 1,000,000 EXCESS LIAB CLAIMS -MADE Current policy# 09/01/2011 09/01/2012 AGGREGATE S 1,000,000 DED J RETENTIONS In.non S WORKERS COMPENSATION ]a OTIi- AND EMPLOYERS' L ABILIITY YIN T ANY PROPRIETOPJPARTNEPJF-XECUTIVE OFFICEIMEMBER EXCLUDED? E]NrAJ , Current policy# 09/01/2011 09/01/2012 . E.LEACH ACCIDCNT S 1.,000,000..__.____x_. ____ E.L. DISEASE TEA EMPLOYE (Mandatory in NH) 5 1,000,000 If yes, doscribe under �. _ _ E.L. DISEASE • POLICY LIMIT S 1,000,000 1 DESCRIPTION OF OPERATIONS IL6CAT1ONS 1 VEHICLES FtAAtfach ACORD 101, Additional Remarks Schedule, It more space Is required) Re: City of Meridian Waste Water Treatment Plant Maintenance Shop. City of Meridian and Beniton Construction are listed as Additional Insured per the Commercial General Liability coverage on a primary and non-contributory basis regarding above project provided by form CG2010 10101 and CG2037 10/01 (or equivalent). Waiver of Subrogation applies in favor of the Beniton Construction Company, Inc. and owner (except WC). [y 3111l2U_t1211111:1014pig: A 0 O 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 26 (2010/05) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Beniton Construction Company, Inc. ACCORDANCE WITH THE POLICY PROVISIONS, P.O. Box 838 AUTHORtZED REPRESENTATIVE Meridian, ID 83680 Original Signature O 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 26 (2010/05) The ACORD name and logo are registered marks of ACORD eTRAKiT Home I Setup an Account I Log In LOGIN D REMEMBER ME Forgot Password/Username Permits Apply Search Pay Fees Licenses Search Trade Licenses Search Public Works Inspections Schedule Cancel Elevators Search Elevators Violations Search Shopping Cart Pay All Fees Contact Contact us Page 1 of 1 PUbIIC Works Search arch Again Download Rasul s PrintabieView ffiffimKWAN _ ._., ffiffis" 8 WMWMMMM UNIONSWA . aft MM �kffi 1 D & A Door & Specialties, Inc. I 00570708100, 08500 1 4 AA ACTIVE D I D & A Glass Company, Inc. PWC -C-10005 08500 4 AA ACTIVE D D & A Glass Magic Valley, Inc. 002057 08500 4 A ACTIVE D Thomas J Gerard & Associates Inc dba Adv PWC -C-11174 13290 4 C ACTIVE Th First Prev+ Page: 1 of 1 Next; ',La stl Details - License Number: 005707 Lic Info Registration #: 005707 Issue: 1/28/2014 Expire: 2/28/2015 Type: PUBLIC WORKS Sub -Type: AA Status: ACTIVE Company: D & A Door & Specialties, Inc. Phone: (208)287-3676 Cell: Pager: Fax: (208)287-3679 Owner Name: r The Division of Building Safety, makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this website indicates understanding and acceptance of this statement. 1-800-955-3044, 1090 E Walertowar Sl, Suite 150 Meridian ID 83642 HO.'viE 1 CONTACT https://web.dbs.idaho.gov/eTRAKiT3/CustonVIdaho PublieWorksSearchRslts.aspx 10/2/2014 PublicWorks Search Print Page 1 of 1 Com an License Work License License APllicantOwner Comp Status Com an Com an Company Ex irationParent Name Number Category Type Class NameName Address C State Zip Code Phone Date License Number D& A Door D& A Door 2667S (208) & specialties, 005707 08100, 08500 4 AA ACTIVE & Specialties, Victory View BOISE ID 83709 287- 2/28/2015 Inc. Inc. Way 3676 D& A Glass PWC -C- D& A Glass 2667S (208) Company, 10005 08500 4 AA ACTIVE Company, Victory View BOISE ID 83703 888- 11/30/2014 Inc. Inc. Way 0077 D & A Glass D & A Glass 2423 Beryl TWIN (208) Magic 002057 08500 4 A ACTIVE Magic Ave. FALLS ID 83301 773- 6/30/2015 Valley, Inc. Valley, Inc. 7800 Thomas J Gerard PWC -C- 13290 4 C Thomas J Gerard & 2801 N. (509) Associates 11174 ACTIVE Associates Monroe SPOKANE WA 99205 326- 6/30/2015 Inc dba Adv Inc dba Adv Street 5127 https://web.dbs.idaho.gov/eTRAKiT3/Custom/ldaho PublieWorksPrint.aspx 10/2/2014 IDSOS Viewing Business Entity Page 1 of I IDAHO SECRETARY OF STATE P, Viewing Business Entity Ben Ysursa, Secretary of State New Search Back to Summary_ Get a certificate of existence for D&A DOOR & SPECIALTIES, -INC. [ Monitor D&A DOOR & SPECIALTIES INC. business filings D&A DOOR & SPECIALTIES, INC. 2667 S. VICTORY VIEW WY BOISE, ID 83709 Type of Business: CORPORATION, GENERAL BUSINESS Status: GOODSTANDING, ANREPT SENT 04 Oct 2013 State of Origin: IDAHO Date of 21 Dec 2009 Origination/Authorization: Initial Registered Agent: DENISE ALTER 2667 S. VICTORY VIEW WAY BOISE, ID 83709 Organizational ID / Filing C185556 Number: Number of Authorized Stock 1000000 Shares: Date of Last Annual Report: 19 Oct 2013 [Help Me Print/View TIFF ] Filed 21 Dec 2009 INCORPORATION View Image (PDF View Image (TIFF format) [ Help Me Print/View TIFF ] Report for year 2013 ANNUAL REPORT View Document Online Report for year 2012 ANNUAL REPORT View Document Online Report for year 2011 ANNUAL REPORT View Document Online Report for year 2010 ANNUAL REPORT View Document Online Idaho Secretary -of StatE`s Main Page State of Idaho Home Page Comments, questions or suggestions can be emailed to: sosinfo@sosJdah9,gov http://vvww.accessidaho.org/public/sos/colp/CI85556.html 10/2/2014 SAIA Document A132"m - 2009 Adviser Edition AGREEMENT made as of the 26th day of August in the year 2014 (In words, indicate day, month and year.) ADDITIONS AND DELETIONS: The author of this document has BETWEEN the Owner: added information needed for its (Name, legal status, address and other information) completion. The author may also have revised the text of the original City of Meridian AIA standard form. An Additions and 33 E. Broadway Deletions Report that notes added Meridian, ID 83642 information as well as revisions to the standard form text is available from and the Contractor: the author and should be reviewed. A (Name, legal status, address and other information) vertical line in the left margin of this document indicates where the author Modern Roofing has added necessary information 8620 W. Franklin Road and where the author has added to or Boise, ID 83709 deleted from the original AIA text. This document has important legal for the following Project: consequences. Consultation with an (Name, location and detailed description) attorney is encouraged with respect to its completion or modification. City of Meridian Waste Water Treatment Plant Maintenance Shop 3401 N. Ten Mile Road This document is intended to be used Meridian, ID 83642 in conjunction with AIA Documents A232TM-2009, General Conditions of The Construction Manager: the Contract for Construction, (Name, legal status, address and other information) Construction Manager as Adviser Edition; B132TM-2009, Standard Form of Agreement Between Owner Beniton Construction Co., Inc. and Architect, Construction Manager P.O. Box 838 as Adviser Edition; and Meridian, ID 83680 C132TM-2009, Standard Form of Agreement Between Owner and The Architect: Construction Manager as Adviser. (Name, legal status, address and other information) AIA Document A232TM-2009 is CTA, Inc. adopted in this document by 800 West Main Street, Suite 800 reference. Do not use with other Boise, ID 83702 general conditions unless this document is modified. The Owner and Contractor agree as follows. AIA Document Al32TM - 2009 fo© rmerly All 01 T'ACMa -1992). Copyright 1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Inst. 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 maxirnum extent possible under I the law. This document was produced by AIA software at 13:10:30 on 08/29/2014 under Order No.5637907229_1 which expires on 01/06/2015, and is not for resale. User Notes: (1212703850) TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS 10 INSURANCE AND BONDS 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, all of which 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 fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. Bid Package #08: Roofing & Skylights — Provide all labor, materials, tools and equipment necessary to complete the Roofing & Skylights in accordance with Project Plans, Specifications, Addendum No. 1, and the Bid Form for BP #08. Note: All required forms, information and insurances must be completed and submitted to Beniton Construction before commencement of any work including but not limited to the Request for Contract Information, MSDS, safety program, a list of suppliers and subcontractors, and any additional forms as requested in the specifications. Provide submittals electronically if available, or one (1) clean copy (able to scan); some exceptions may apply. Samples and color charts must be provided separately. Contractor shall provide (2) full size copies of approved shop drawings to Beniton. Contractor is responsible to pay all applicable taxes, which are included in the contract price. Contractor is required to provide three (3) hard copies and one (1) electronic copy of closeout information (O&M Manuals, Warranties, etc.) and one (1) complete set of Record Drawings, as requested prior to substantial completion. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be the date of this Agreement 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. (Insert the date of commencement, if it differs from the date of this Agreement or, if applicable, state that the date will be fixed in a notice to proceed) If, prior to the commencement of the Work, the Owner requires time to file mortgages, mechanics' liens and other security interests, the Owner's time requirement shall be as follows: N/A AIA Document Al32TM — 2009 formerly A101 TMCMa —1992). Copyright ©1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AW Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 2 this Al Ac Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced by AIA software at 13:10:30 on 08/29/2014 under Order No.5637907229_1 which expires on 01/06/2015, and is not for resale. User Notes: (1212703850) § 3.2 The Contract Time shall be measured from the date of commencement. § 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than ( ) days from the date of commencement, or as follows: (Insert number of calendar• days. Alternati)ely, a calendar date may be used when coordinated with the date of commencement. If appropriate, insert requirements for• earlier Substantial Completion of certain portions of the Work.) Per Exhibit "C" Portion of the Work Substantial Completion Date BP #08: Roofing & Skylights March 27, 2015 , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to achieve Substantial Completion ora time or for bonus payments for early completion of the Work.) Per Supplementary Conditions ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be one of the following: (Check the appropriate boa.) [ X ] Stipulated Sum, in accordance with Section 4.2 below [ ] Cost of the Work plus the Contractor's Fee without a Guaranteed Maximum Price, in accordance with Section 4.3 below [ ] Cost of the Work plus the Contractor's Fee with a Guaranteed Maximum Price, in accordance with Section 4.4 below (Based on the selection above, complete Section 4.2, 4.3 or 4.4 below. Based on the selection above, also complete either Section 5.1.4 5.1.5 or 5.1.6 below.) § 4.2 Stipulated Sum § 4.2.1 The Stipulated Sum shall be One Hundred Thirty Eight Thousand Six Hundred Seventy and No/100 Dollars ($ 138,670.00 ), subject to additions and deletions as provided in the Contract Documents. § 4.2.2 The Stipulated Sum is based on the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If the bidding or proposal documents permit the Owner- to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires.) N/A § 4.2.3 Unit prices, if any: (Identify and state the unitprice, and state the quantity limitations, if any, to which the unitprice will be applicable.) Item N/A Units and Limitations Price per Unit ($0.00) § 4.2.4 Allowances included in the Stipulated Sum, if any: (Identi� allowance and state exclusions, if any, from the allowance price.) AIA Document A132Tm — 2009 formerly A101 T"CMa —1992). Copyright © 1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights [nit. reserved. WARNING: This AIAdooument is protected by U.S, Copyright t=aw and International Treaties. Unauthorized reproduction or distribution of this Al A`" document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the lawn. This document was produced by AIA software at 13:10:30 on 08/29/2014 under Order No.5637907229_1 which expires on 01/06/2015, and is not for resale. User Notes: (1212703850) Item N/A Allowance § 4.3 Cost of the Work Plus Contractor's Fee without a Guaranteed Maximum Price This section has been deleted as it does not apply to this "Stipulated Sum" contract (See Paragraph 4.2) (Paragraph deleted) (Table deleted) (Paragraphs deleted) § 4.4 Cost of the Work Plus Contractor's Fee with a Guaranteed Maximum Price This section has been deleted as it does not apply to this "Stipulated Sum" contract (See Paragraph 4.2) (Paragraphs deleted) (Table deleted) (Paragraphs deleted) (Table deleted) (Paragraphs deleted) ARTICLE 5 PAYMENTS § 5.1 Progress Payments § 5.1.1 Based upon Applications for Payment submitted to the Construction Manager by the Contractor, and upon certification of the Project Application and Project Certificate for Payment or Application for Payment and Certificate for Payment by the Construction Manager and Architect and issuance by the 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. § 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month. § 5.1.3 Provided that an Application for Payment is received by the Construction Manager not later than the 25th day of a month, the Owner shall make payment of the certified amount in the Application for Payment to the Contractor not later than the 30th 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 sixty ( 60 ) days after the Construction Manager receives the Application for Payment. (Federal, state or local laws may require payment within a certain period of time.) § 5.1.4 Progress Payments Where the Contract Sum is Eased on a Stipulated Sum § 5.1.4.1 Each Application for Payment shall be based on the most recent 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 and 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. § 5.1.4.2 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5.1.4.3 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .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 7.3.9 of the General Conditions; .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 five percent ( 5 %); .3 Subtract the aggregate of previous payments made by the Owner; and AIA Document A132TM' — 2009 formerly A101 TMCMa —1992). Copyright ©1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Inst. reserved. WARNING: This AIADocument 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 t the law. This document was produced by AIA software at 13:10:30 on 08/29/2014 under Order No.5637907229_1 which expires on 01/06/2015, and is not for resale. User Notes: (1212703850) A 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. § 5.1.4.4 The progress payment amount determined in accordance with Section 5.1.4.3 shall be further modified under the following circumstances: 1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to ninety-five percent ( 95 %) of the Contract Sum, less such amounts as the Construction Manager recommends and the Architect determines for incomplete Work and unsettled claims; and .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. § 5.1.4.5 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 resultingfr•orn the percentages inserted in Sections 5.1.4.3.1 and 5.1.4.3.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation) N/A § 5.1.5 Progress Payments Where the Contract Sum is Based on the Cost of the Work without a Guaranteed Maximum Price This section has been deleted as it does not apply to this "Stipulated Sum" contract (See Paragraph 5.1.4) (Paragraphs deleted) § 5.1.6 Progress Payments Where the Contract Sum is Based on the Cost of the Work with a Guaranteed Maximum Price This section has been deleted as it does not apply to this "Stipulated Sum" contract (See Paragraph 5.1.4) (Paragraphs deleted) § 5.2 Final Payment § 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2 of AIA Document A232-2009, and to satisfy other requirements, if any, which extend beyond final payment; .2 the Contractor has submitted a final accounting for the Cost of the Work, pursuant to Exhibit A, Determination of the Cost of the Work when payment is on the basis of the Cost of the Work, with or without a Guaranteed Maximum payment; and .3 a final Certificate for Payment or Project Certificate for Payment has been issued by the Architect; such final payment shall be made by the Owner not more than 30 days after the issuance of the final Certificate for Payment or Project Certificate for Payment, or as follows: ARTICLE 6 DISPUTE RESOLUTION § 6.1 Initial Decision Maker The Architect will serve as Initial Decision Maker pursuant to Section 15.2 of AIA Document A232-2009, unless the parties appoint below another individual, not a party to this Agreement, to serve as Initial Decision Maker. (If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if other than the Architect.) § 6.2 Binding Dispute Resolution For any Claim subject to, but not resolved by, mediation pursuant to Section 15.3 of AIA Document A232-2009, the method of binding dispute resolution shall be as follows: (Check the appropriate box. If the 0i mer and Contractor do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims 1t,ill be resolved by litigation in a court of competent jurisdiction.) AIA Document A132TM —2009 formerly A101 TMCMa —1992). Copyright© 1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Inst. reserved. WARNING: This AIADocument is protected by U.S. Copyright Law and International Treaties, unauthorized reproduction or distribution of 5 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 t the law. This document was produced by AIA software at 13:10:30 on 08/29/2014 under Order No.5637907229_1 which expires on 01/06/2015, and is not for resale. User Notes: (1212703850) [ ] Arbitration pursuant to Section 15.4 of AIA Document A232-2009. [ X ] Litigation in a court of competent jurisdiction. [ ] Other: (Specify) ARTICLE 7 TERMINATION OR SUSPENSION § 7.1 Where the Contract Sum is a Stipulated Sum § 7.1.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A232-2009. § 7.1.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A232-2009. § 7.2 Where the Contract Sum is Based on the Cost of the Work with or without a Guaranteed Maximum Price This section has been deleted as it does not apply to this "Stipulated Sum" contract (See Paragraph 7.1) (Paragraphs deleted) ARTICLE 8 MISCELLANEOUS PROVISIONS § 8.1 Where reference is made in this Agreement to a provision of AIA Document A232-2009 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 8.2 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 an),.) (Paragraph deleted) § 8.3 The Owner's representative: (Name, address and other information) Beniton Construction Co., Inc. Bryce Parker P.O. Box 838 Meridian, ID 83680 § 8.4 The Contractor's representative: (Name, address and other information) Modern Roofing Tom Doramus 8620 W. Franklin Road Boise, ID 83709 § 8.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. § 8.6 Other provisions: N/A ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated in the sections below. § 9.1.1 The Agreement is this executed AIA Document A132-2009, Standard Form of Agreement Between Owner and Contractor, Construction Manager as Adviser Edition. AIA Document A132TM — 2009 fom rerly A101 TMCMa —1992). Copyright© 1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Inst. 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 maximurn extent possible under t the law. This document was produced by AIA software at 13:10:30 on 08/29/2014 under Order No.5637907229_1 which expires on 01/06/2015, and is not for resale. User Notes: (1212703850) § 9.1.2 The General Conditions are, AIA Document A232-2009, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition. § 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual, per attached Exhibit "A". (Table deleted) § 9.1.4 The Specifications: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Per Exhibit "A" ('fable deleted) § 9.1.5 The Drawings: (Either list the Drafvings here or refer• to an exhibit attached to this Agreement.) Per Exhibit "B" (Table deleted) § 9.1.6 The Addenda, if any: Number Date Pages Per Exhibit "A" 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 Additional documents, if any, forming part of the Contract Documents are: .1 (Paragraphs deleted) Other documents, if any, listed below: (List here any additional documents lt,hich are intended to form part of the Contract Documents. AIA DocwnentA232-2009 provides that bidding requirements such as advertisement or imitation to bid, Instr-uctions to Bidders, sample forms and the Contractor's bid ar•e 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.) * Exhibit "I" and Sample Certificate — Insurance Requirements * Request for Contract Information * WH -5 Form * Affidavit Concerning Taxes * Application for Payment and Schedule of Values ARTICLE 10 INSURANCE AND BONDS The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article 11 of AIA Document A232-2009. (State bonding requirements, if any, and limits of liabiliofor insurance required in Article 11 of AIA Document A232-2009.) Type of Insurance or Bond Limit of Liability or Bond Amount Insurance per attached Exhibit "I" Payment & Performance Bonds 100% of the Contract Amount (see Supplementary Instructions to Bidders for delivery requirement) AIA Document A132TM — 2009formerly All 01 TMCMa — 1992). Copyright © 1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING, This AIA' Document is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or distribution of 7 this AIA Document, car any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced by AIA software at 13:10:30 on 08/29/2014 under Order No.5637907229_1 which expires on 01/06/2015, and is not for resale. User Notes: (1212703850) This Agreement is entered into as of the day and year first written above. OWNER (Signature) tX . c - (Printed name and title) J, J CONTRACTOR (Signature) 7,orN " RC1-k"%(33f--1C (Printed name and title) AIA Document A132TM — 2009 ``formerly A101 TMCMa —1992). Copyright @ 1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNIM This AW' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AM(` 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 13:10:30 on 08/29/2014 under Order No.56379072291 which expires on 01/06/2015, and is not for resale. User Notes: (1212703850) Meridian Wastewater Treatment Plant (MWWTP) 5/14 Maintenance Facility Invitationto Bid.............................................................................................................1-1 Noticeto Bidders..........................................................................................................1-4 AIA A701 Instructions to Bidders... ................................................................................ 1-6 Supplemental Instructions to Bidders ............... ............................. ............................... 1-4 BidForm Table of Contents........................................................ ..................................1-1 BidForms ................... ................... .............................................................. ............... 1-40 ProjectSchedule .......................... ................ ......................................... ................. ...... 1-3 AIA A132 Standard Form of Agreement Between Owner and Contractor ....... .............. 1-8 Supplement to Agreement ................ ......................................................... ................... 1-2 AIA A232 General Conditions of the Contract.............................................................1-43 SupplementaryConditions............................................................................................1-5 Exhibit I — Insurance Requirements............................................................................. 1-1 Contractor's Affidavit Concerning Taxes.......................................................................1-1 Public Works Contract Tax Report (WH-5)...................................................................1-2 SPECIFICATIONS DIVISION 01 — GENERAL REQUIREMENTS 011000 SUMMARY OF WORK........................................................................................1-2 012300 ALTERNATES ...................... ............................................................................... 1-1 012900 PRICE AND PAYMENT PROCEDURES.............................................................1-4 013100 PROJECT MANAGEMENT AND COORDINATION.............................................1-4 013300 SUBMITTAL PROCEDURES...............................................................................1-2 014200 REFERENCES....................................................................................................1-4 014500 QUALITY CONTROL...........................................................................................1-4 015000 TEMPORARY FACILITIES AND CONTROLS.....................................................1-9 016000 PRODUCT REQUIREMENTS............................................................ ................. 1-2 FORM SUBSTITUTION REQUEST FORM.....................................................................1-1 017300 EXECUTION .................. ............................. ......................................................... 1-6 017320 CUTTING AND PATCHING ................................................. .............. ............ ...... 1-3 017700 CLOSEOUT PROCEDURES...............................................................................1-6 DIVISION 02 — EXISTING CONDITIONS 024116 STRUCTURE DEMOLITION........................................................ DIVISION 03 — CONCRETE 033000 CAST -IN-PLACE CONCRETE .................................................. 033543 POLISHED CONCRETE FINISHING ........................................ DIVISION 04 — MASONRY 042200 CONCRETE UNIT MASONRY ...... .... 1-5 .................1-12 ...................1-2 .....1-13 TABLE OF CONTENTS 1 Meridian Wastewater Treatment Plant (MW WTP) Maintenance Facility 5/14 051200 STRUCTURAL STEEL FRAMING ............................................... ........................ 1-6 052100 STEEL JOIST FRAMING.....................................................................................1-4 053100 STEEL DECKING .......... ................. ..................................................................... 1-5 054000 COLD -FORMED METAL FRAMING....................................................................1-8 055000 METAL FABRICATIONS.....................................................................................1-6 055119 METAL GRATING STAIRS ...... ............................................................................ 1-4 055213 PIPE AND TUBE RAILINGS................................................................................1-5 DIVISION 06 - WOOD, PLASTICS, AND COMPOSITES 061053 MISCELLANEOUS ROUGH CARPENTRY ........................................... .............. 1-2 DIVISION 07 - THERMAL AND MOISTURE PROTECTION 071113 BITUMINOUS DAMPROOFING......................................................... .................. 1-3 072100 THERMAL INSULATION ................................... ............. ................ ......... ............ 1-4 074113.16 STANDING -SEAM METAL ROOF PANELS ............ ............................................ 1-7 074213.53 METAL SOFFIT PANELS....................................................................................1-5 077253 SNOW GUARDS ................... ........... ............... .................................................... 1-2 079200 JOINT SEALANTS ...... .......................................... ................................ ............... 1-7 DIVISION 08 - OPENINGS 081113 HOLLOW METAL DOORS AND FRAMES ......... ................................................. 1-7 083113 ACCESS DOORS AND FRAMES........................................................................1-3 083323 OVERHEAD COILING DOORS ......... .................................................................. 1-6 086200 UNIT SKYLIGHTS...............................................................................................1-3 087111 DOOR HARDWARE (DESCRIPTIVE SPECIFICATION)..................................1-12 088000 GLAZING.............................................................................................................1-7 092216 NON-STRUCTURAL METAL FRAMING ............................................... ............... 1-5 092900 GYPSUM BOARD.............................................................. ................................. 1-3 093013 SF CERAMIC TILING.................................................................................1-7 095123 ACOUSTICAL TILE CEILINGS ........... ................................................................. 1-3 096513 RESILIENT BASE AND ACCESSORIES.............................................................1-3 099113 EXTERIOR PAINTING.........................................................................................1-3 099123 INTERIOR PAINTING..........................................................................................1-4 DIVISION 10 -SPECIALTIES 102600 WALL AND DOOR PROTECTION.......................................................................1-2 102800 TOILET, BATH, AND LAUNDRY ACCESSORIES ..... .......................................... 1-3 104416 FIRE EXTINGUISHERS ........ ............................. ................................................. 1-3 105113 METAL LOCKERS ......................... ...................................................................... 1-5 DIVISION 11 - EQUIPMENT NOT USED DIVISION 12 - FURNISHINGS 122113 HORIZONTAL LOUVER BLINDS . ............... ....................................... ............. .... 1-3 123623.13 PLASTIC -LAMINATE -CLAD COUNTERTOPS....................................................1-4 TABLE OF CONTENTS 2 Meridian Wastewater Treatment Plant (MWWTP) 5/14 Maintenance Facility DIVISION 13 — SPECIAL CONSTRUCTION NOT USED DIVISION 14 — CONVEYING EQUIPMENT NOT USED VOLUME 2 OF 2 221113 FACILITY WATER DISTRIBUTION PIPING........................................................1-7 221116 DOMESTIC WATER PIPING ........................... .................................................... 1-7 221119 DOMESTIC WATER PIPING SPECIALTIES.......................................................1-8 SEISMIC CONTROLS FOR PLUMBING AND HVAC..........................................1-6 221123 DOMESTIC WATER PUMPS..............................................................................1-4 IDENTIFICATION FOR PLUMBING AND HVAC PIPING AND EQUIPMENT ...... 221313 FACILITY SANITARY SEWERS ............................... ........................................... 1-5 221316 SANITARY WASTE AND VENT PIPING...........................................................1-16 HVAC INSULATION ........ ............................ ........................................................ 221319 SANITARY WASTE PIPING SPECIALTIES........................................................1-8 FACILITY NATURAL-GAS PIPING ............. ....................................................... 221513 GENERAL -SERVICE COMPRESSED -AIR PIPING...........................................1-10 METAL DUCTS ...... ........................................................................................... 221519 GENERAL -SERVICE PACKAGED AIR COMPRESSORS AND RECEIVERS ..... 1-9 223400 FUEL -FIRED DOMESTIC WATER HEATERS ............................................. ........ 1-7 224000 PLUMBING FIXTURES ............... ...................................................................... 1-11 224500 EMERGENCY PLUMBING FIXTURES................................................................1-5 COMMERCIAL -KITCHEN HOODS ............................................... ....................... 224700 DRINKING FOUNTAINS AND WATER COOLERS............................................1-5 PARTICULATE AIR FILTRATION........................................................................1-2 0 • A 230500 COMMON WORK RESULTS FOR PLUMBING AND HVAC ..... ......................... 1-11 230523 GENERAL -DUTY VALVES FOR PLUMBING AND HVAC PIPING ......... ............. 1-5 230549 SEISMIC CONTROLS FOR PLUMBING AND HVAC..........................................1-6 230553 IDENTIFICATION FOR PLUMBING AND HVAC PIPING AND EQUIPMENT ...... 1-4 230593 TESTING, ADJUSTING, AND BALANCING FOR HVAC.....................................1-5 230700 HVAC INSULATION ........ ............................ ........................................................ 1-9 231123 FACILITY NATURAL-GAS PIPING ............. ....................................................... 1-17 233113 METAL DUCTS ...... ........................................................................................... 1-13 233300 AIR DUCT ACCESSORIES...............................................................................1-10 233423 HVAC POWER VENTILATORS...........................................................................1-6 233713 DIFFUSERS, REGISTERS, AND GRILLES ......... .............. .................................. 1-3 233813 COMMERCIAL -KITCHEN HOODS ............................................... ....................... 1-5 234100 PARTICULATE AIR FILTRATION........................................................................1-2 235100 BREECHINGS, CHIMNEYS, AND STACKS ...................... .................................. 1-3 235400 FURNACES.........................................................................................................1-6 235533 FUEL -FIRED UNIT HEATERS.............................................................................1-4 236200 PACKAGED COMPRESSOR AND CONDENSER UNITS...................................1-4 237423 PACKAGED, INDIRECT -FIRED, INDOOR, HEATING -ONLY MAKEUP -AIR UNITS................................................................................................................. 1-9 TABLE OF CONTENTS 3 Meridian Wastewater Treatment Plant (MWWTP) 5/14 Maintenance Facility 9 • • 260500 COMMON WORK RESULTS FOR ELECTRICAL .............................. ................. 1-5 260519 LOW -VOLTAGE ELECTRICAL POWER CONDUCTORS AND CABLES ....... ..... 1-3 260526 GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS ...........................1-4 260529 HANGERS AND SUPPORTS FOR ELECTRICAL SYSTEMS.............................1-4 260533 RACEWAYS AND BOXES FOR ELECTRICAL SYSTEMS................................1-10 260553 IDENTIFICATION FOR ELECTRICAL SYSTEMS...............................................1-6 260573 OVERCURRENT PROTECTIVE DEVICE COORDINATION AND ARC FLASH STUDY................................................................................................................1-7 262200 LOW -VOLTAGE TRANSFORMERS ................ .................................................... 1-4 262416 PANELBOARDS..................................................................................................1-6 262726 WIRING DEVICES...............................................................................................1-5 262813 FUSES................................................................................................................1-3 262816 ENCLOSED SWITCHES AND CIRCUIT BREAKERS ................................. ........ 1-5 262913 ENCLOSED CONTROLLERS.............................................................................1-5 265100 INTERIOR LIGHTING..........................................................................................1-8 270500 COMMON WORK RESULTS FOR COMMUNICATIONS....................................1-4 271100 COMMUNICATIONS EQUIPMENT ROOM FITTINGS........................................1-5 271300 COMMUNICATIONS BACKBONE CABLING ..... ................................................. 1-8 271500 COMMUNICATIONS HORIZONTAL CABLING.................................................1-10 DIVISION 28 — ELECTRONIC SAFETY AND SECURITY 280500 COMMON WORK RESULTS FOR ELECTRONIC SAFETY AND SECURITY ..... 1-4 283100 FIRE DETECTION AND ALARM ............. ..................................... .....................1-11 DIVISION 29 — 30 (NOT USED) DIVISION 31 — EARTHWORK 311000 SITE CLEARING ....... .................................... ......................... ............. ........... ..... 1-4 312000 EARTH MOVING.................................................................................................1-8 312319 DEWATERING ... ........................ .............. ...................................... ..................... 1-2 DIVISION 32 — EXTERIOR IMPROVEMENTS 321216 ASPHALT PAVING..............................................................................................1-5 321313 CONCRETE PAVING..........................................................................................1-5 DIVISION 33 — UTILITIES 334100 STORM UTILITY DRAINAGE PIPING ............... .................................. ................ 1-6 ADDENDUM NO. 1, dated 7/31/14........................................................................................... 1-17 TABLE OF CONTENTS 4 WWTP Maintenance Facility 3401 N. Ten Mile, Meridian, Exhibit CONSTRUCTION DRAWINGS SHEET# A100 DESCRIPTION A100 - Wall and Horizontal Assembl Details DATED 07/18/2014 A101 A101 - Floor Plan 07/18/2014 A102 A102 - Mezzanine Floor Plan 07/18/2014 A110 A111 A201 A110 - Roof Plan A111 - Roof Details A201 - Exterior Elevations 07/18/2014 07/18/2014 07/18/2014 A301 A401 A501 A301 - Building Sections A401 - Stair Plans and Details A501 - Finish Plan 07/18/2014 07/18/2014 07/18/2014 A601 A601 - Door and Window Schedules and Details 07/18/2014 A901 C1-101 C3-101 A901 - Reflected Ceiling Plan C1-101 Site Demolition Plan C3-101 Site Plan 07/18/2014 07/18/2014 07/18/2014 C7-101 C7-101 Site Plan 07/18/2014 E001 E002 E001 - Legends & Schedules E002 - One -Line Diagram 07/18/2014 07/18/2014 E003 E003 - Panel Schedules 07/18/2014 E100 E100 - Electrical Site Plan 07/18/2014 E201 E201 - First Floor Lighting Plan 07/18/2014 E202 E202 - Mezzanine Lighting Plan 07/18/2014 E203 E203 - Lighting Compliance Forms 07/18/2014 E301 E301 - First Floor Power Plan 07/18/2014 E302 E302 - Mezzanine Power Plan 07/18/2014 E401 E401- Special Systems Plan 07/18/2014 G101 G101 -Architectural Cover Sheet 07/18/2014 G102 G102 - Code Plan 07/18/2014 G103 G103 - Mezzanine Code Plan 07/18/2014 M001 M001 - Mechanical Schedules & Legends 07/18/2014 M100 M100 - First Floor HVAC Plan 7/18/2014 M101 M101 - Mezzanine HVAC Plan 7/18/2014 M200 M200 - Enlar ed Plans and Sections 7/18/2014 M300 M300 - HVAC Details 7/18/2014 M400 M400 - Energy Compliance 7/18/2014 P001 P001 - Plumbing Schedules and Legends 7/18/2014 P100 P100 - Plumbing Waste & Vent Plans 7/18/2014 P200 P200 - Plumbing Water & Gas Plan 7/18/2014 P300 P300 - Plumbing Details 7/18/2014 S001 S001 - General Structural Notes 7/18/2014 S101 S101 - Foundation Plan 7/18/2014 S102 S102 - Mezzanine Framing Plan 7/18/2014 S103 S103 - Roof Framing Plan 7/18/2014 S201 S201 - Foundations Details 7/18/2014 S202 S202 - Wall Framing & Mezzanine Details 7/18/2014 S203 S203 - Roof Framing Details 7/18/2014 S301 S301 -Building Sections 7/18/2014 o ? 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N m C7 a o m" c • ❑ I` c• 025 > m 025 W❑ o'er LL m!.0 o` m,o"� ❑° o".mW N �d m E m vW LL CL C7 v 'a C, L s (7 r15 = m w 06 .E — 3 n Q rn U U U m n c c O a c E m c s¢ c E a m N E'w' c a @ o :c' c c rii a` J: o m c m o o m m a s@ m m: m m m m ami °> > o a c E m c 3 3 U) a o!U �,� 5 x F a 5 U a m w w x cn ❑ x I'v U iL v H 0'0 c A' ',. LL Q ❑ > Y CD >� N (07 p O N m o o O N o O O LO O "o O "UJ O o "U) O N M V N -'! O O Y N a) O N N co V' U) U) N M. O O e O O O O N M M M_ M M d' V d' ",C lO U) . N_ U) h N_ N_ U) U) 4) N N N C N0 O p O) M Co co -a) mm m m m ,;� m m m,C Co m m m co ca m'm m mm to c a a- n.,'` c 0 0 .19 w LL LL • ~ m Q o 1 - • _ • •Fly BENITON CONSTRUCTIONCOMPANY & CITY OF Contractors and Subcontractors shall provide evidence that the following minimum coverage is provided. Commercial General Liability (ISO Form CG0001 (10/01) or Equivalent) • $2,000,000 General Aggregate • $2,000,000 Products/Completed Operations Aggregate • $1,000,000 Each Occurrence • $1,000,000 Personal Injury and Advertising Injury • $ 100,000 Fire Damage Liability • $ 5,000 Medical Expenses - Each Person o Limits must be on a "Per Project Aggregate". o City of Meridian and Beniton Construction Company must be listed as additional insured (ISO Form CG2010 (11/85), or CG2010 (10/01) and CG2037 (10/01), or Equivalent). A copy of the endorsement adding Beniton Construction Company shall be included with the certificate of insurance. o Completed operations coverage will remain in effect for 2 years after project completion. Business Automobile Liability • $1,000,000 Each Occurrence Worker's Compensation and Emplovers Liabilitv Insurance • Statutory Limits • Employers Liability o $1,000,000 Each Accident o $1,000,000 Policy Limits o $1,000,000 Each Employee Excess Liability • $1,000,000 For Architects, Engineers, Surveyors, & Testing Firms; Professional Liability (Errors and Omissions) - Continued for Two (2) Years After Proiect Completion • $1,000,000 per claim and $2,000,000 aggregate for annual claims made coverage OR • $1,000,000 project coverage Certificate of Insurance must be project specific. Please provide written documentation in regards to your insurance contract(s) cancellation terms. Insurance is to be Primary & Non -Contributory to any liability insurance carried by Beniton Construction Co., Inc. and City of Meridian. Waiver of Subrogation applies in favor of Beniton Construction Co., Inc. and City of Meridian. AC<?R6r CERTIFICATE LIABILITY INSURANCE DATE (MWDDIYYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. if SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NTACT NAME: Producer's name and address PHONE FAX -----'-- A/C No E-MAIL ADDRESS: INSURERS AFFORDING COVERAGE NAIC 0 $ 1 Q00 _� 000 INSURER A Issuing compo; AM BEST A V)I.or Better__- - ---- --_ �-�_ INSURED INSURER 0: INSURER C'. `0- _'— S Subcontractor name and address INSURER D; CLAIMS -MADE OCCUR INSURER E EXP INSURER F CUVERAUt5 CERTIFICATE NUMBER! F2PVIQIf1A1 M1 IRADCD. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMt D'ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. .-iDLADSUER-------'----- POLICY EFF , POLICY EXP -- LTR TYPE OF INSURANCE i POLICY NUMBER ME212-NMI- iiMIARD-fyyyy, LIMITS ACCORDANCE WITH THE POLICY PROVISIONS. GENERAL LIABILITY AUTHORIZED REPRESENTATIVE Meridian, ID 83680 EACH OCCURRENCE $ 1 Q00 _� 000 X -- COMMERCIAL GENERAL LIABILITY --_ - �-- _ 6AMAGE"TORENTED PRE ISES Ea occurrence `0- _'— S CLAIMS -MADE OCCUR �I EXP �] MED (Any ono person) Current policy# 09/01/2011 09/01/2012 PERSONAL& ADV INJURY $.1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COh1P/OP AGG- - - -__ $ 2,QW Q44 PX PRO - POLICY E LOC - - . ®. S AUTOMOBILE LIABILITY F - IF `. G BI -j I G L T Ea adent —$10-00000 X I ANY AUTO '. BODILY INJURY (Per person) S AOWNED SCHEDULED AUTOS a Aures I . ' Current policy 09101/2011 09/01/2012 BODILY INJURY (Per accident) S PROE v PERTYpAMAG Per accident HIRED AUTOS n07 04VJED $ S UMBRELLA LIAB X OCCUR �;� EACH OCCURRENCE $ 1,000,000____ rX EXCESS LIAB CLAIMS-MADE Current policy# 09/01/2011 09/01/2012 AGGREGATE S 1,000,000 I DED RETENTION $ S WORKERS COMPENSATION VAC STATU- OTH- X AND EMPLOYERS' LIABILITY YIN TQRY LIMI. --�R_. ANY PROPRIETOR/PARTNERIEXECUTIVE OFFICEIMEMBER EXCLUDED? NIAt . Current policy# 09/01/2011 09/01/2012 E.L. EACH ACCIDENT_- $1,Q N00 E.L. DISEASE - EA EMPLOYE (Mandatory in NH) $ 1,000 000 If yes,1PTI0under N E.L. DISEASE -POLICY LIMIT - $ 1,000,000 DESCRIPTION OF OPERATIONS ILOCA*10NS I VEHICLESItAlitach ACORD 101, Additional Remarks Schedule, It more apace Is required) Re: City of Meridian Waste Water Treatment Plant Maintenance Shop. City of Meridian and Beniton Construction are listed as Additional Insured per the Commercial General Liability coverage on a primary and non-contributory basis regarding above project provided by form CG2010 10/01 and CG2037 10/01 (or equivalent). Waiver of Subrogation applies in favor of the Beniton Construction Company, Inc. and owner (except WC). CERTIFICATE HOLDER r`GNr13:1 1 ATIr1R1 © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Beniton Construction Company, Inc. ACCORDANCE WITH THE POLICY PROVISIONS. P.O. Box 838 AUTHORIZED REPRESENTATIVE Meridian, ID 83680 Original Signature © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD eTRAKiT Home I Setup an Account I Log In Public +.. Username Password LOGIN 11 REMEMBER ME Forgot Password/Username Permits Apply Search Pay Fees Licenses Search Trade Licenses Search Public Works Inspections Schedule Cancel Elevators Search Elevators Violations Search Shopping Cart Pay All Fees Contact Contact us Page 1 of 1 Public Works Search ` Scai h Again Download Rpsults Pfintable View PWC -C-10279 Modern Building Systems, Inc. 005363 00003 3 UNLIN Modern Dry Wall, Inc. PWC -C-10092 07200, 07240, 09110, 09200, 09250, 09500 4 UNLIN Modern Glass Company PWC -C-10411 08500 4 AAA Moderne Cabinet Shop, Inc. PWC -C-12201 06200 4 B Quality Tile Roofing, Inc. dba Modem Ro PWC -C-10279 00003 3 AAA _ fit -1 r First Previ Page: 1 of 1 NAxt 'Last Details - License Number: PWC -C-10279 Lic Info Registration #: PWC -C-10279 Issue: 7/9/2014 Expire: 7/31/2015 Type: PUBLIC WORKS Sub -Type: AAA Status: ACTIVE Company: Quality Tile Roofing, Inc. dba Modem Ro Phone: (208)362-2711 Cell: (208) 863-6072 Pager: Fax: (208)362-2713 Owner Name: Linked Activities: Sub Permit(s): ELD1405-00032 BUILDING ACTIVE 8LP1209-00019 BUILDING FINALED The Division of Building Safety, makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this website indicates understanding and acceptance of this statement. 1-600-955-3044, 1090 E Waterlower Sl, Suite 150 Meridian ID 63642 HGM-1 ICON-, ACT https://web.dbs.idaho.gov/eTRAKiT3/Custom/Idaho_PublieWorksSearchRslts.aspx 10/2/2014 PublicWorks Search ATOM Page 1 of 1 https://web.dbs.idaho.gov/eTRAKiT3/Custom/ldaho PublicWorksPrint.aspx 10/2/2014 Parent Company License Work License License ,AnnlicantOwner Company Com an Company Company Expirationiration Name Number Category Type Class Status Name Name Address Cily State Zip Code Phone Date License Number Modern Modem (503) Building 005363 00003 3 UNLIMITED ACTIVE Building PO Box 110 AUMSVILLE OR 97325 749- 2/28/2015 Systems, Systems, 4949 Inc. Inc. 07200, 07240, (509)Modem Dry PWC -C- 09110, 4 UNLIMITED ACTIVE Modern Dry PO Box SPOKANE WA 99213 926- 5/31/2015 Wall, Inc. 10092 09200, Wall, Inc. 13660 7554 09250, 09500 Modem PWC -C- Modern 3727 W. COEUR D (208) Glass 10411 08500 4 AAA ACTIVE Glass Industrial ALENE ID 83815 765- 4/30/2015 Company Company Loop 1644 Modems Cabinet PWC -C- 06200 4 Moderne B ACTIVE Cabinet 400 Huffman GREAT MT 59404 (406) 453- 1/31/2015 Shop, Inc. 12201 Shop, Inc. Ave.FALLS 4711 Quality Tile Quality Tile (208) Roofing, Inc. PWC -C- 00003 3 AAA ACTIVE Roofing, Inc. 2711 S BOISE D 83705 362- 7131/2015 dba Modem 10279 dba Modem Curtis Rd 2711 Ro Ro https://web.dbs.idaho.gov/eTRAKiT3/Custom/ldaho PublicWorksPrint.aspx 10/2/2014 IDSOS Viewing Business Entity Page I of 1 Ben Ysursa, Secretary of State [ New Search ] [ Back to Summary ] Monitor MODERN ROOFING business�fffln S MODERN ROOFING 2711 S CURTIS RD BOISE, ID 83705 Type of Business: ASSUMED BUSINESS NAME Status: CURRENT, CURRENT 06 Apr 2004 State of Origin: IDAHO Date of 06 Apr 2004 Origination/Authorization: File Number: D75003 xmri ` l Flx:. Filed 06 Apr 2004 ORIGINAL FILING Idaho SecretaryofStata!aMain Pane [ He9p Me Printf View TIFF View jjngcLeLPQF format) View imAag-STIFF format4 111111,11 "Is Comments, questions or suggestions can be emailed to: sosinfo@sosJdahp.g-- http://www.accessidaho.org/public/sos/corp/D75003.html 10/2/2014 SAIA Document Al 32'm - 2009 Standard Form of Agreement Between Owner and Contractor, Construction Manager as Adviser Edition AGREEMENT made as of the 26th day of August in the year 2014 (In words, indicate day, month and year.) ADDITIONS AND DELETIONS: The author of this document has BETWEEN the Owner: added information needed for its (Name, legal statics, address and other information) completion. The author may also have revised the text of the original City of Meridian AIA standard form. An Additions and 33 E. Broadway Deletions Report that notes added Meridian, ID 83642 information as well as revisions to the standard form text is available from and the Contractor: the author and should be reviewed. A (Name, legal status, address and other information) vertical line in the left margin of this document indicates where the author Bledsoe Construction, Inc. has added necessary information ooan Wi P v aY and where the author has added to or D-4371=6 deleted from the original AIA text. This document has important legal for the following Project: consequences. Consultation with an (Naive, location and detailed description) attorney is encouraged with respect to its completion or modification. City of Meridian Waste Water Treatment Plant Maintenance Shop 3401 N. Ten Mile Road This document is intended to be used Meridian, ID 83642 in conjunction with AIA Documents A232TM-2009, General Conditions of The Construction Manager: the Contract for Construction, Construction Manager as Adviser (Name, legal status, address and other information) Edition; B132TM-2009, Standard Form of Agreement Between Owner Beniton Construction Co., Inc, and Architect, Construction Manager P.O. Box 838 as Adviser Edition; and Meridian, ID 83680 C132TM-2009, Standard Form of Agreement Between Owner and The Architect: Construction Manager as Adviser. (Name, legal status, address and other information) AIA Document A232TM-2009 is CTA, Inc. adopted in this document by 800 West Main Street, Suite 800 reference. Do not use with other Boise, ID 83702 general conditions unless this document is modified. The Owner and Contractor agree as follows. AIA Document All 32TIl — 2009 formerly A101 TMCMa —1992). Copyright© 1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights [nit. reserved. WARNING: This AIA' Document is protected by U.S. Copyright taw 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 13:09:34 on 08/29/2014 under Order No.5637907229_1 which expires on 01/06/2015, and is not for resale. User Notes: (1986810714) TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION B MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS 10 INSURANCE AND BONDS 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, all of which 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 fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. Bid Package #07: Cabinetry & Trim — Provide all labor, materials, tools and equipment necessary to complete the Cabinetry & Trim in accordance with Project Plans, Specifications, Addendum No. 1, and the Bid Form for BP #07. Note: All required forms, information and insurances must be completed and submitted to Beniton Construction before commencement of any work including but not limited to the Request for Contract Information, MSDS, safety program, a list of suppliers and subcontractors, and any additional forms as requested in the specifications. Provide submittals electronically if available, or one (1) clean copy (able to scan); some exceptions may apply. Samples and color charts must be provided separately. Contractor shall provide (2) full size copies of approved shop drawings to Beniton. Contractor is responsible to pay all applicable taxes, which are included in the contract price. Contractor is required to provide three (3) hard copies and one (1) electronic copy of closeout information (O&M Manuals, Warranties, etc.) and one (1) complete set of Record Drawings, as requested prior to substantial completion. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be the date of this Agreement 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. (Insert the date of commencement, if it differs from the date of this Agreement or, if applicable, state that the date will be fixed in a notice to proceed.) If, prior to the commencement of the Work, the Owner requires time to file mortgages, mechanics' liens and other security interests, the Owner's time requirement shall be as follows: N/A AIA Document A132TM —2009 formerly A101 TM11CMa — 1992). Copyright © 1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIAdocument is protected by U. s. Copyright Law and international Treaties, Unauthorized reproduction or distribution of r 2 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 t the law. This document was produced by AIA software at 13:09:34 on 08/29/2014 under Order No.5637907229_1 which expires on 01/06/2015, and is not for resale. User Notes: (1986810714) § 3.2 The Contract Time shall be measured from the date of commencement. § 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than ( ) days from the date of commencement, or as follows: (Insert number of calendar days. Alternatively, a calendar date may be used 1t,hen coordinated with the date of commencement. If appropriate, insert requirements for earlier Substantial Completion of certain portions of the Work.) Per Exhibit "C" Portion of the Work Substantial Completion Date BP #07: Cabinetry & Trim March 27, 2015 , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to achieve Substantial Completion on time or for bonus payments for early completion of the Work.) Per Supplementary Conditions ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be one of the following: (Check the appropriate bot.) [ X ] Stipulated Sum, in accordance with Section 4.2 below [ ] Cost of the Work plus the Contractor's Fee without a Guaranteed Maximum Price, in accordance with Section 4.3 below [ ] Cost of the Work plus the Contractor's Fee with a Guaranteed Maximum Price, in accordance with Section 4.4 below (Based on the selection above, complete Section 4.2, 4.3 or 4.4 below. Based on the selection above, also complete either Section 5.1.4, 5.1.5 or 5.1.6 below.) § 4.2 Stipulated Sum § 4.2.1 The Stipulated Sum shall be Four Thousand Fifty Four and No/100 Dollars ($ 4,054.00 ), subject to additions and deletions as provided in the Contract Documents. § 4.2.2 The Stipulated Sum is based on the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or- other identification of accepted alternates. If the bidding or proposal documents permit the Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires.) N/A § 4.2.3 Unit prices, if any: (Identify and state the unit price, and state the quantify limitations, if any, to which the unit price hill be applicable.) Item N/A Units and Limitations Price per Unit ($0.00) § 4.2.4 Allowances included in the Stipulated Sum, if any: (Identify alloinance and state exclusions, if any, frons the allowance price.) AIA Document A132Tm — 2009 ((formerly A101 T'"CMa — 1992). Copyright© 1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Inst. reserved. WARNING: This AW) 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 t the law. This document was produced by AIA software at 13:09:34 on 08/29/2014 under Order No.5637907229_1 which expires on 01/06/2015, and is not for resale. User Notes: (1986810714) Item N/A Allowance § 4.3 Cost of the Work Plus Contractor's Fee without a Guaranteed Maximum Price This section has been deleted as it does not apply to this "Stipulated Sum" contract (See Paragraph 4.2) (Paragraph deleted) (Table deleted) (Paragraphs deleted) § 4.4 Cost of the Work Plus Contractor's Fee with a Guaranteed Maximum Price This section has been deleted as it does not apply to this "Stipulated Sum" contract (See Paragraph 4.2) (Paragraphs deleted) (Table deleted) (Paf•agraphs deleted) (Table deleted) (Paragraphs deleted) ARTICLE 5 PAYMENTS § 5.1 Progress Payments § 5.1.1 Based upon Applications for Payment submitted to the Construction Manager by the Contractor, and upon certification of the Project Application and Project Certificate for Payment or Application for Payment and Certificate for Payment by the Construction Manager and Architect and issuance by the 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. § 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month. § 5.1.3 Provided that an Application for Payment is received by the Construction Manager not later than the 25th day of a month, the Owner shall make payment of the certified amount in the Application for Payment to the Contractor not later than the 30th 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 sixty ( 60 ) days after the Construction Manager receives the Application for Payment. (Federal, state or local laws may requh-e payment within a certain period of time.) § 5.1.4 Progress Payments Where the Contract Sum is Based on a Stipulated Sum § 5.1.4.1 Each Application for Payment shall be based on the most recent 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 and 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. § 5.1.4.2 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5.1.4.3 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .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 7.3.9 of the General Conditions; .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 five percent ( 5 %); .3 Subtract the aggregate of previous payments made by the Owner; and AIA Document A132TM — 2009 (rformerly A101 T'"CMa —1992). Copyright ©1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights [nit. reserved. WARNING: This Ale Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 4 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 t the law. This document was produced by AIA software at 13:09:34 on 08/29/2014 under Order No.5637907229_1 which expires on 01/06/2015, and is not for resale. User Notes: (1986810714) .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. § 5.1.4.4 The progress payment amount determined in accordance with Section 5.1.4.3 shall be further modified under the following circumstances: 1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to ninety-five percent ( 95 %) of the Contract Sum, less such amounts as the Construction Manager recommends and the Architect determines for incomplete Work and unsettled claims; and .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. § 5.1.4.5 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 5.1.4.3.1 and 5.1.4.3.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) N/A § 5.1.5 Progress Payments Where the Contract Sum is Based on the Cost of the Work without a Guaranteed Maximum Price This section has been deleted as it does not apply to this "Stipulated Sum" contract (See Paragraph 5.1.4) (Paragraphs deleted) § 5.1.6 Progress Payments Where the Contract Sum is Based on the Cost of the Work with a Guaranteed Maximum Price This section has been deleted as it does not apply to this "Stipulated Sum" contract (See Paragraph 5.1.4) (Paragraphs deleted) § 5.2 Final Payment § 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2 of AIA Document A232-2009, and to satisfy other requirements, if any, which extend beyond final payment; .2 the Contractor has submitted a final accounting for the Cost of the Work, pursuant to Exhibit A, Determination of the Cost of the Work when payment is on the basis of the Cost of the Work, with or without a Guaranteed Maximum payment; and .3 a final Certificate for Payment or Project Certificate for Payment has been issued by the Architect; such final payment shall be made by the Owner not more than 30 days after the issuance of the final Certificate for Payment or Project Certificate for Payment, or as follows: ARTICLE 6 DISPUTE RESOLUTION § 6.1 Initial Decision Maker The Architect will serve as Initial Decision Maker pursuant to Section 15.2 of AIA Document A232-2009, unless the parties appoint below another individual, not a party to this Agreement, to serve as Initial Decision Maker. (If the parties mutually agree, insert the natne, address and other contact information of the Initial Decision Maker, if other than the Architect) § 6.2 Binding Dispute Resolution For any Claim subject to, but not resolved by, mediation pursuant to Section 15.3 of AIA Document A232-2009, the method of binding dispute resolution shall be as follows: (Check the appropriate box. If the Olt ner and Contractor do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court of competent jurisdiction.) AIA Document A132Tm — 2009 formerly A101 TMCMa —1992). Copyright© 1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights [nit. reserved. Vi ARNINC: This AIADocument 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 maxlmurn extent passible under t the law. This document was produced by AIA software at 13:09:34 on 08/29/2014 under Order No.5637907229_1 which expires on 01/06/2015, and is not for resale. User Notes: (1986810714) [ ) Arbitration pursuant to Section 15.4 of AIA Document A232-2009 [ X ] Litigation in a court of competent jurisdiction. [ ] Other: (Specify) ARTICLE 7 TERMINATION OR SUSPENSION § 7.1 Where the Contract Sum is a Stipulated Sum § 7.1.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A232-2009. § 7.1.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A232-2009. § 7.2 Where the Contract Sum is Based on the Cost of the Work with or without a Guaranteed Maximum Price This section has been deleted as it does not apply to this "Stipulated Sum" contract (See Paragraph 7.1) (Paragraphs deleted) ARTICLE 8 MISCELLANEOUS PROVISIONS § 8.1 Where reference is made in this Agreement to a provision of AIA Document A232-2009 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 8.2 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 an),.) (Paragraph deleted) § 8.3 The Owner's representative: (Warne, address and other information) Beniton Construction Co., Inc. Bryce Parker P.O. Box 838 Meridian, ID 83680 § 8.4 The Contractor's representative: (Name, address and other information) Bledsoe Construction, Inc. Randy Odenbrett 2990 Wise Way Boise, ID 83716 § 8.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. § 8.6 Other provisions: N/A ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated in the sections below. § 9.1.1 The Agreement is this executed AIA Document A132-2009, Standard Form of Agreement Between Owner and Contractor, Construction Manager as Adviser Edition. AIA Document A132TM — 2009 `rformerly A101 T11CMa —1992). Copyright© 1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This Al At' Document is protected by U.S. Copyright l=ava and International Treaties. unauthorized reproduction or distribution of this AIAo Document, or any portion of It; may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced by AIA software at 13:09:34 on 08/29/2014 under Order No.5637907229 1 which expires on 01/06/2015, and is not for resale. User Notes: (1986810714) § 9.1.2 The General Conditions are, AIA Document A232-2009, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition. § 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual, per attached Exhibit "A". (Table deleted) § 9.1.4 The Specifications: (Either list the Specifications here of- refer to an exhibit attached to this Agreement.) Per Exhibit "A" ('fable deleted) § 9.1.5 The Drawings: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Per Exhibit "B" (Table deleted) § 9.1.6 The Addenda, if any: Number Date Pages Per Exhibit "A" 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 Additional documents, if any, forming part of the Contract Documents are: .1 (Paragraphs deleted) Other documents, if any, listed below: (List here ani) additional documents which are intended to form part of the Contract Documents. AIA DocumentA232 2009 provides that bidding requirements such as advertisement or invitation to bid, Instr•ttctions 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.) * Exhibit "I" and Sample Certificate — Insurance Requirements * Request for Contract Information Form * Affidavit Concerning Taxes * Application for Payment and Schedule of Values ARTICLE 10 INSURANCE AND BONDS The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article 11 of AIA Document A232-2009. (State bonding requirements, if any, and limits of liability for insurance required in Article 11 of AIA Document A232-2009.) Type of Insurance or Bond Limit of Liability or Bond Amount Insurance per attached Exhibit "I" Payment & Performance Bonds 100% of the Contract Amount (see Supplementary Instructions to Bidders for delivery requirement) AIA Document A132M — 2009 formerly A101 T^'CMa —1992). Copyright © 1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights [nit. reserved. WARNING': This AIADocument 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 t the law. This document was produced by AIA software at 13:09:34 on 08/29/2014 under Order No.5637907229_1 which expires on 01/06/2015, and is not for resale. User Notes: (1986810714) This Agreement is entered into as of the day and year first writ OWNER (Signature) C/Ac"( ioct4n-c�-. 0, plulldtl� (Printed name and title) Init. AIA Document A132TM — 2009 `r'formerly A101 T11CMa —1992). Copyright @ 1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AW) 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 13:09:34 on 08/29/2014 under Order No.56379072291 which expires on 01/06/2016, and is not for resale. User Notes: (1986810714) Meridian Wastewater Treatment Plant (MWWTP) 5/14 Maintenance Facility Invitationto Bid .............. ............... .......... ........................................................ ..............1-1 Noticeto Bidders ..... ..................................................................................................... 1-4 AIA A701 Instructions to Bidders ........ ....... ..................... ............................................... 1-6 Supplemental Instructions to Bidders ......................... ................................................ ..1-4 BidForm Table of Contents ....... ................................................................................. ..1-1 BidForms ............................ ........ ................ ................................. .................... .......... 1-40 ProjectSchedule ....... .............. .............. ........................................... ....................... ..... 1-3 AIA A132 Standard Form of Agreement Between Owner and Contractor .....................1-8 Supplementto Agreement ................... ............ ........................................... .................. 1-2 AIA A232 General Conditions of the Contract.............................................................1-43 Supplementary Conditions......................................................... ................................... 1-5 Exhibit I — Insurance Requirements.............................................................................1-1 Contractor's Affidavit Concerning Taxes.......................................................................1-1 Public Works Contract Tax Report (WH-5)...................................................................1-2 DIVISION 01 — GENERAL REQUIREMENTS 011000 SUMMARY OF WORK............................................................................ 012300 ALTERNATES......................................................................................... 012900 PRICE AND PAYMENT PROCEDURES ................................................. 013100 PROJECT MANAGEMENT AND COORDINATION ................................. 013300 SUBMITTAL PROCEDURES................................................................... 014200 REFERENCES........................................................................................ 014500 QUALITY CONTROL................................................................. 015000 TEMPORARY FACILITIES AND CONTROLS ........................... 016000 PRODUCT REQUIREMENTS................................................... FORM SUBSTITUTION REQUEST FORM ........................................... 017300 EXECUTION.............................................................................. 017320 CUTTING AND PATCHING....................................................... 017700 CLOSEOUT PROCEDURES..................................................... ..........1-2 ..........1-1 ..........1-4 ..........1-4 .... ...... 1-2 ..........1-4 ....... ............ ......1-4 ....... .................. 1-9 .........................1-2 .........................1-1 ......... ................ 1-6 .........................1-3 .........................1-6 DIVISION 02 — EXISTING CONDITIONS 024116 STRUCTURE DEMOLITION ........................... ............................ ......................... 1-5 01►,r/6-1[e7► • 033000 CAST -IN-PLACE CONCRETE ..... ....................... ...................................... ......... 1-12 033543 POLISHED CONCRETE FINISHING...................................................................1-2 DIVISION 04 — MASONRY 042200 CONCRETE UNIT MASONRY..........................................................................1-13 TABLE OF CONTENTS Meridian Wastewater Treatment Plant (MWWTP) Maintenance Facility 051200 STRUCTURAL STEEL FRAMING ..................... 052100 STEEL JOIST FRAMING ................................... 053100 STEEL DECKING .............................................. 054000 COLD -FORMED METAL FRAMING .................. 055000 METAL FABRICATIONS ................................... 055119 METAL GRATING STAIRS ................................ 055213 PIPE AND TUBE RAILINGS .............................. DIVISION 06 - WOOD, PLASTICS, AND COMPOSITES 061053 MISCELLANEOUS ROUGH CARPENTRY ... 5/14 ........ ........................................ 1-6 ................................................1-4 ................................................1-5 ........................... ..................... 1-8 ......................... ....................... 1 -6 ................................................1 -4 ................. ............................... 1-5 ................................................1-2 071113 BITUMINOUS DAMPROOFING...........................................................................1-3 072100 THERMAL INSULATION.....................................................................................1-4 074113.16 STANDING -SEAM METAL ROOF PANELS ......................... ............................... 1-7 074213.53 METAL SOFFIT PANELS ................................................. .............. ..................... 1-5 077253 SNOW GUARDS ........................................ ........................................... .............. 1-2 079200 JOINT SEALANTS ... ...................... ...................................................... ................ 1-7 DIVISION 08 - OPENINGS 081113 HOLLOW METAL DOORS AND FRAMES., ........................................................ 1-7 083113 ACCESS DOORS AND FRAMES........................................................................1-3 083323 OVERHEAD COILING DOORS ............. .............................................................. 1-6 086200 UNIT SKYLIGHTS...............................................................................................1-3 087111 DOOR HARDWARE (DESCRIPTIVE SPECIFICATION)..................................1-12 088000 GLAZING.............................................................................................................1-7 DIVISION 09 - FINISHES 092216 NON-STRUCTURAL METAL FRAMING..............................................................1-5 092900 GYPSUM BOARD...............................................................................................1-3 093013 SF CERAMIC TILING ............................................ ..................................... 1-7 095123 ACOUSTICAL TILE CEILINGS ............... ............................................................. 1-3 096513 RESILIENT BASE AND ACCESSORIES ........................ ................. .................... 1-3 099113 EXTERIOR PAINTING.........................................................................................1-3 099123 INTERIOR PAINTING ...... .................................................................................... 1-4 9y Ri 102600 WALL AND DOOR PROTECTION.................................................... ........... ........ 1-2 102800 TOILET, BATH, AND LAUNDRY ACCESSORIES .................................. ............. 1-3 104416 FIRE EXTINGUISHERS .............. .................................................... .................... 1-3 105113 METAL LOCKERS .............................. .................................. ............................... 1-5 DIVISION 11 - EQUIPMENT NOT USED DIVISION 12 - FURNISHINGS 122113 HORIZONTAL LOUVER BLINDS ........................................... ............ ................. 1-3 123623.13 PLASTIC -LAMINATE -CLAD COUNTERTOPS....................................................1-4 TABLE OF CONTENTS 2 Meridian Wastewater Treatment Plant (MWWTP) 5/14 Maintenance Facility DIVISION 13 — SPECIAL CONSTRUCTION NOT USED DIVISION 14 — CONVEYING EQUIPMENT NOT USED DIVISION 15 — 21 (NOT USED) MEANDAME ayl •KNE921UNIOET,r 221113 FACILITY WATER DISTRIBUTION PIPING., ............... ................................ .... 1-7 221116 DOMESTIC WATER PIPING...............................................................................1-7 GENERAL -DUTY VALVES FOR PLUMBING AND HVAC PIPING......................1-5 221119 DOMESTIC WATER PIPING SPECIALTIES ........................... ............................ 1-8 221123 DOMESTIC WATER PUMPS..............................................................................1-4 IDENTIFICATION FOR PLUMBING AND HVAC PIPING AND EQUIPMENT ...... 221313 FACILITY SANITARY SEWERS ................. .................................................. ....... 1-5 221316 SANITARY WASTE AND VENT PIPING ..... .................................................. ....1-16 HVAC INSULATION ................................ ............................................................ 221319 SANITARY WASTE PIPING SPECIALTIES... ..................................................... 1-8 221513 GENERAL -SERVICE COMPRESSED -AIR PIPING ................. .......................... 1-10 221519 GENERAL -SERVICE PACKAGED AIR COMPRESSORS AND RECEIVERS ..... 1-9 223400 FUEL -FIRED DOMESTIC WATER HEATERS ................................. .................... 1-7 224000 PLUMBING FIXTURES ........................... .......................................................... 1-11 224500 EMERGENCY PLUMBING FIXTURES .............................. .................................. 1-5 224700 DRINKING FOUNTAINS AND WATER COOLERS............................................1-5 PARTICULATE AIR FILTRATION ............ ............................................................ 9 • 230500 COMMON WORK RESULTS FOR PLUMBING AND HVAC..............................1-11 230523 GENERAL -DUTY VALVES FOR PLUMBING AND HVAC PIPING......................1-5 230549 SEISMIC CONTROLS FOR PLUMBING AND HVAC., ........................................ 1-6 230553 IDENTIFICATION FOR PLUMBING AND HVAC PIPING AND EQUIPMENT ...... 1-4 230593 TESTING, ADJUSTING, AND BALANCING FOR HVAC.....................................1-5 230700 HVAC INSULATION ................................ ............................................................ 1-9 231123 FACILITY NATURAL-GAS PIPING....................................................................1-17 233113 METAL DUCTS.................................................................................................1-13 233300 AIR DUCT ACCESSORIES...............................................................................1-10 233423 HVAC POWER VENTILATORS...........................................................................1-6 233713 DIFFUSERS, REGISTERS, AND GRILLES.........................................................1-3 233813 COMMERCIAL -KITCHEN HOODS......................................................................1-5 234100 PARTICULATE AIR FILTRATION ............ ............................................................ 1-2 235100 BREECHINGS, CHIMNEYS, AND STACKS........................................................1-3 235400 FURNACES.........................................................................................................1-6 235533 FUEL -FIRED UNIT HEATERS.............................................................................1-4 236200 PACKAGED COMPRESSOR AND CONDENSER UNITS...................................1-4 237423 PACKAGED, INDIRECT -FIRED, INDOOR, HEATING -ONLY MAKEUP -AIR UNITS................................................................................................................. 1-9 TABLE OF CONTENTS 3 Meridian Wastewater Treatment Plant (MWWTP) 5/14 Maintenance Facility 260500 COMMON WORK RESULTS FOR ELECTRICAL...............................................1-5 260519 LOW -VOLTAGE ELECTRICAL POWER CONDUCTORS AND CABLES ............ 1-3 260526 GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS ...........................1-4 260529 HANGERS AND SUPPORTS FOR ELECTRICAL SYSTEMS.............................1-4 260533 RACEWAYS AND BOXES FOR ELECTRICAL SYSTEMS................................1-10 260553 IDENTIFICATION FOR ELECTRICAL SYSTEMS...............................................1-6 260573 OVERCURRENT PROTECTIVE DEVICE COORDINATION AND ARC FLASH STUDY................................................................................................................1-7 262200 LOW -VOLTAGE TRANSFORMERS ...................................... .............................. 1-4 262416 PANELBOARDS..................................................................................................1-6 262726 WIRING DEVICES...............................................................................................1-5 262813 FUSES................................................................................................................1-3 262816 ENCLOSED SWITCHES AND CIRCUIT BREAKERS.........................................1-5 262913 ENCLOSED CONTROLLERS.............................................................................1-5 265100 INTERIOR LIGHTING..........................................................................................1-8 DIVISION 27 — COMMUNICATIONS 270500 COMMON WORK RESULTS FOR COMMUNICATIONS....................................1-4 271100 COMMUNICATIONS EQUIPMENT ROOM FITTINGS........................................1-5 271300 COMMUNICATIONS BACKBONE CABLING......................................................1-8 271500 COMMUNICATIONS HORIZONTAL CABLING.................................................1-10 DIVISION 28 — ELECTRONIC SAFETY AND SECURITY 280500 COMMON WORK RESULTS FOR ELECTRONIC SAFETY AND SECURITY ..... 1-4 283100 FIRE DETECTION AND ALARM .................. ..................................................... 1-11 DIVISION 29 — 30 (NOT USED) DIVISION 31 — EARTHWORK 311000 SITE CLEARING ...................... ........................................ ...................................1-4 312000 EARTH MOVING .................................... ............................... ....................... ....... 1-8 312319 DEWATERING....................................................................................................1-2 321216 ASPHALT PAVING ................. ............................................................................. 1-5 321313 CONCRETE PAVING ... ............. .......................................... ................... ............. 1-5 DIVISION 33 — UTILITIES 334100 STORM UTILITY DRAINAGE PIPING .................................... ............................. 1-6 ADDENDUM NO. 1, dated 7/31/14........................................................................................... 1-17 TABLE OF CONTENTS 4 WWTP Maintenance Facility 3401 N. Ten Mile, Meridian,83642 Exhibit SHEET# CONSTRUCTION DRAWINGS DESCRIPTION DATED A100 A100 - Wall and Horizontal Assembly Details 07/18/2014 A101 A101 - Floor Plan 07/18/2014 A102 A102 - Mezzanine Floor Plan 07/18/2014 A110 A111 A110 - Roof Plan A111 - Roof Details 07/18/2014 07/18/2014 A201 A201 - Exterior Elevations 07/18/2014 A301 A301 - Building Sections 07/18/2014 A401 A401 - Stair Plans and Details 07/18/2014 A501 A501 - Finish Plan 07/18/2014 A601 A601 - Door and Window Schedules and Details 07/18/2014 A901 A901 - Reflected Ceiling Plan 07/18/2014 C1-101 C1-101 Site Demolition Plan 07/18/2014 C3-101 C3-101 Site Plan 07/18/2014 C7-101 C7-101 Site Plan 07/18/2014 E001 E001 - Legends & Schedules 07/18/2014 E002 E002 - One -Line Diagram 07/18/2014 E003 E003 - Panel Schedules 07/18/2014 E100 E100 - Electrical Site Plan 07/18/2014 E201 E201 - First Floor Lighting Plan 07/18/2014 E202 E202 - Mezzanine Lighting Plan 07/18/2014 E203 E203 - Lighting Compliance Forms 07/18/2014 E301 E301 - First Floor Power Plan 07/18/2014 E302 E302 - Mezzanine Power Plan 07/18/2014 E401 E401- Special Systems Plan 07/18/2014 G101 G101 -Architectural Cover Sheet 07/18/2014 G102 G102 - Code Plan 07/18/2014 G103 G103 - Mezzanine Code Plan 07/18/2014 M001 M001 - Mechanical Schedules & Legends 07/18/2014 M100 M100 - First Floor HVAC Plan 7/18/2014 M101 M101 - Mezzanine HVAC Plan 7/18/2014 M200 M200 - Enlarged Plans and Sections 7/18/2014 M300 M300 - HVAC Details 7/18/2014 M400 M400 - Energy Compliance 7/18/2014 P001 P001 - Plumbing Schedules and Legends 7/18/2014 P100 P100 - Plumb.ing Waste & Vent Plans 7/18/2014 P200 P200 - Plumbing Water & Gas Plan 7/18/2014 P300 P300 - Plumbing Details 7/18/2014 S001 S001 - General Structural Notes 7/18/2014 S101 S101 - Foundation Plan 7/18/2014 S102 S102 - Mezzanine Framing Plan 7/18/2014 S103 S103 - Roof Framing Plan 7/18/2014 S201 S201 - Foundations Details 7/18/2014 S202 IS202 - Wall Framing & Mezzanine Details 7/18/2014 S203 IS203 - Roof Framing Details 7/18/2014 S301 IS301 - Building Sections 7/18/2014 o E D- _______ W i �z no -------------------------------- _--------- ------- _-- �•± L6 N N Ov r Co J . iV iJ% +`+ 1 Ld . 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E m m -. w LL m m 0 m Q -O E 0 0 c c LL a) atf m U i o r c li to O O O 0 O N = N 0 : N N m m m LL G a) E Q LU 0) !in 0� N E co 7 U CL N O Lo Cl m m U) N' a) a 7 N: a _ LL U) m E O a) C O C J:❑ LL �a o E CL 0 0 0 ° m a) a)m m W of = U) N n rn D ' N 0 m' 0) O .N E E O U O. V n N E CL L 1 L M 00 Q�'¢¢�u'� O N. O O N N Co. M M C co o E m N m N O ° c!E W 0) a c •9 m ° •c c gE2 I- 0 O M N O m 2i o o Lo v Ln v v)n N NiN CN C14 N'N N! ;O '..O O 'O I O O C co o E m N m N O ° c!E W 0) a c •9 m ° •c c gE2 I- 0 O M N O Contractors and Subcontractors shall provide evidence that the following minimum coverage is provided. Commercial General Liability (ISO Form CGO001 (10/01) or Equivalent) • $2,000,000 General Aggregate • $2,000,000 Products/Completed Operations Aggregate • $1,000,000 Each Occurrence • $1,000,000 Personal Injury and Advertising Injury • $ 100,000 Fire Damage Liability • $ 5,000 Medical Expenses — Each Person o Limits must be on a "Per Project Aggregate". o City of Meridian and Beniton Construction Company must be listed as additional insured (ISO Form CG2010 (11/85), or CG2010 (10/01) and CG2037 (10/01), or Equivalent). A copy of the endorsement adding Beniton Construction Company shall be included with the certificate of insurance. o Completed operations coverage will remain in effect for 2 years after project completion. Business Automobile Liability • $1,000,000 Each Occurrence Worker's Compensation and Emplovers Liabilitv Insurance • Statutory Limits • Employers Liability o $1,000,000 Each Accident o $1,000,000 Policy Limits o $1,000,000 Each Employee Excess Liability • $1,000,000 For Architects, Engineers, Surveyors, & Testing Firms: Professional Liability (Errors and Omissions) — Continued for Two (2) Years After Proiect Completion • $1,000,000 per claim and $2,000,000 aggregate for annual claims made coverage OR • $1,000,000 project coverage ➢ Certificate of Insurance must be project specific. ➢ Please provide written documentation in regards to your insurance contract(s) cancellation terms. ➢ Insurance is to be Primary & Non -Contributory to any liability insurance carried by Beniton Construction Co., Inc. and City of Meridian. ➢ Waiver of Subrogation applies in favor of Beniton Construction Co., Inc. and City of Meridian. CERTIFICATE LIABILITY INSURANCE DATE (MNVDD1YYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(los) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NTA T NAME: Producer's name and address PHONE Arc, Not: E-MAIL ADDRESS: INSURER 5 AFFORDING COVERAGE NAIC q _INSURER A_ _Issuing_companAA BEST A -VII or Better INSURER B: INSURED X INSURER C �(- r ^ ^ Subcontractor name and address INSURER D; INSURER E : CLAIMS -MADE OCCUR INSURER F: IK�FI�:It[�14. A�ii�tyC�r��Rlltil��i c � • : i. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ._ _ _ _ .-_- =_y _ INSRj �_ .. _. � ___-'tADDLSUBR ------------- LTR 1 TYPE OF INSURANCE POLICY NUMBER MMIADY EFF pA LIMITS GENERAL LIABILITY EACHOCCURRENCE S 1x000,000 X COMMERCIAL GENERAL LIABILITY _ _ _ - �(- r ^ ^ DAMA RENTM PREMISES -(Ea occur CLAIMS -MADE OCCUR I I MED EXP (Any one person) S 10,000 Currentpolicy# 09/01/2011' 09/01/2012 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE S 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ j POLICY X PE T LOC I _2,0_0_%Q_00 S AUTOMOBILE LIABILITY �, -� C I I G L T — F_ F- , �a aaldent S 1.000.000 X ANY AUTO `� BODILY INJURY (Per person) S ALL OWNED SCHEDULED AUTOS _- AUTOS I Current. 01 # p IGy 09/01/2011 09/01/2012 BODILY INJURY (Por accldont) - -� $ PROPERTY DAMAGE - Peraccldent NON -OWNED HIRED AUTOS AUTOS i _ _ $ S 1 X UMBRELLA LIAR X OCCUR F, EACH OCCURRENCE S 1,000,000 AGGREGATE 5 1,000,000 EXCESS LIAB CLAIMS -MADE ` Current policy# 09/01/2011 09/01/2012 DED RETENTION$ in oonI $ WORKERS COMPENSATION `, X AC STATU- OTH- AND EMPLOYERS' LIABIUTY Y / N ANY PROPRIE70R/PAR7NER/F�CECU7IVE _ _ L MITS _ _ _ _ oFFICF+EMBER EXCLUDED? N / a Current policy 09/01/2011 09101!2012 L.L. EACH ACCIDENT $ 1 000,000 __. _ E L DISEASE EA EMPLOYE .. _6.t_ . �.. _...._------.r__,_.._ (Mandatory in NH) .. If�_ t, $ 1000000 r _u. --- -- Dyos, IPTInNundo+ D E.L. DISEASE -POLICY LIMIT $ 1,000,000 1 F DESCRIPTION OF OPERATION0LOCATIONS I VEHICLESI(Altach ACORD 101, Additional Remarks Schedule, It more space Is required) Re: City of Meridian Waste Water Treatment Plant Maintenance Shop. City of Meridian and Beniton Construction are listed as Additional Insured per the Commercial General Liability coverage on a primary and non-contributory basis regarding above project provided by form CG2010 10101 and CG2037 10101 (or equivalent). Waiver of Subrogation applies in favor of the Beniton Construction Company, Inc. and owner (except WC). Beniton Construction Company, Inc. P.O. Box 838 Meridian, ID 83680 4NfVGCLLA I IUM SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, AUTHORIZED REPRESENTATIVE Original Signature U 19HU-2010 ACORD CORPORATION. All rights reserved, ACORD 26 (2010/05) The ACORD name and logo are registered marks of ACORD eTRAKiT Home I Setup an Account I Log In LOGIN I,--- REMEMBER ME Forgot Password/Username Permits Apply Search Pay Fees Licenses Search Trade Licenses Search Public Works Inspections Schedule Cancel Elevators Search Elevators Violations Search Shopping Cart Pay All Fees Contact Contact us Page 1 of 1 Public Works SearchSearch Again Download Results Pnntable Vicw 1 a irz Bledsoe Construction, Inc dba The Bledso PWC -C-12820 1 00003, 09960, 02761, 10270, 06100, 06200, 13125 13, 4 First I ievli Page: 1 of 1 Next Last Details - License Number: PWC -C-12820 Lic Info Registration #: PWC -C-12820 Issue: 3/26/2014 Expire: 3/31/2015 Type: PUBLIC WORKS Sub -Type: AA Status: ACTIVE Company: Bledsoe Construction, Inc dba The Bledso Phone: (208) 433-0033 Cell: Pager: Fax: (208)466-2160 Owner Name: The Division of Building Safety, makes every effort to produce and publish the most current and accurate information possible. 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Utilization of this website indicates understanding and acceptance of this statement. 1-800-955-3044, 1090 E Watertower St, Suite 150 Meridian ID 83642 HOME I CONTACT https://web.dbs.idaho.gov/etrakit3/Custom/Idaho_PublicWorksSearchRslts.aspx 10/2/2014 PublicWorks Search Print Page 1 of 1 Com an License Work License License A—pplicantOwner Company Com an Company Com aX Expirationiration Parent Name Number CateeoryTvpe Class Status Name Name Address 91y State Zip Code Phone Date License Number 00003, Bledsoe 09960, 02761, Bledsoe 2081 Construction, c Indba The PWC -C- 10270, 12820 Construction, 12783 3,4 AA ACTIVE Inc dba The Orchard Ave NAMPA ID 83651 433- 3/31/2015 Bledso 06100, 06200 Bledso 0033 13125 https://web.dbs.idaho.gov/eTRAKiT3/Custom/ldaho PublicWorl,,sPrint.aspx 10/2/2014 IDSOS Viewing Business Entity Page I of 3 tm}AIDAHO SECRETARY OF STATE Viewing Business Entity Ben Ysursa, Secretary of State New Search Back to Summary Get a certificate of existence for BLEDSOE CONSTRUCTION, -INC. [ Monitor BLEDSOE CONSTRUCTION, INC. business filings BLEDSOE CONSTRUCTION, INC. 12783 W ORCHARD AVE NAMPA, ID 83651 Type of Business: CORPORATION, GENERAL BUSINESS Status: GOODSTANDING, ANREPT SENT 09 Sep 2014 State of Origin: IDAHO Date of 25 Nov 1991 Origination/Authorization: Current Registered Agent: STEPHEN BLEDSOE 12783 W. ORCHARD AVE, NAMPA, ID 83651 Organizational ID / Filing C96812 Number: Number of Authorized Stock 1000 Shares: Date of Last Annual Report: 18 Sep 2014 mmm�: itM Filed 25 Nov 1991 INCORPORATION View Image (PDF format\ View ImageITI�FFform�at E*I P �1- 1 1, � [ Help Me Print /View Amendment Filed 27 Jan 1995 NAME CHANGED TO View Image (PDF format) BLEDSOE View Image (TIFF format) CONSTRUCTION, INC. Amendment Filed 04 Jan 2000 MERGED WITH View Lp2aggformat] View BLEDSOE Image (TIFF forrrtat) CABINETS, INC. Report for year 2014 ANNUAL REPORT Report for year 2013 CHANGE ADDRESS Report for year 2013 ANNUAL REPORT Report for year 2012 ANNUAL REPORT Report for year 2011 ANNUAL REPORT HeIR Me PrintLView TIFF ] View Document Online View View ImAge JIFF formatj http://www.accessidaho.org/public/sos/corp/C96812.html 10/2/2014 October 7, 2014 ITEM NUMBER: 6 Items ••- Items Moved From Consent Agenda MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS D.October NUMBER: Public Hearing To Consider The Conveyance Of Certain City -Owned Real Property To ACHD For The Widening Or Meridian Road Adjacent To Settlers Park North Of Ustick Road. IIviIzi=dIki [ON ki[•1111 Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS NOTICE OF PUBLIC HEARING NOTICE IS HERBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho, at the hour of 6:00 p.m. on Tuesday, October 7, 2014, for the purpose of reviewing and considering a proposed disposition of real property, a 20,765 square foot portion of Ada County Parcel No. SO436449680 located at the eastern boundary of Settlers Park on Meridian Road, north of Ustick Road, in the City of Meridian. The proposed transaction would convey the subject real property to the Ada County Highway District without compensation for right-of-way purposes to widen Meridian Road. For further information, please contact the City Clerks Office at 888-4433. DATED this i day of September, 2014. Publish Date: 22nd day of September, 2014 CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET DATE October 7, 201,-. PROJECT NAME Conveyance of Real Property to ACHD - Meridian Road Widening PLEASEINT NAME FOR AGAINST NEUTRAL r� � v y# DATE: October 7, 2014 ITEM NUMBER:7 PROJECT ITEM TITLE: PURCHASE AND SALE AGREEMENT Purchase And Sale Agreement For The Conveyance Of Certain City -Owned Real Property To ACHD For The Widening Or Meridian Road Adjacent To Settlers Park North Of Ustick Road. MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS October 7, 2014 I 7C PROJECTNUMBER: ITEM TITLE: APPROVAL OF PERMANENT EASEMENT Approval of Permanent Easement Granted to ACHD Associated with the Widening of Meridian Road Adjacent to Settlers Park WEETING NOTES J Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS October1 • ITEM NUMBER: 7D TEMPORARYPROJECT NUMBER: ITEM TITLE: CONSTRUCTION EASEMENT Approval of Temporary Construction Easement Granted to ACHD Associated with the Widening of Meridian Road Adjacent to Settlers Park. Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS October1 NUMBER: PROJECT NUMBER: ITEW TITLE: PROPOSED SEWER CONNECTION FEE INCREASE Continued from September 23, 2014: Public Hearing: Proposed Sewer Connection Fee Increase WEETIVG NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS a ti o 0 0 0 0 Ln 'D b � 't. b'q'o ;�U � o o � ° 0 i .� o :z cV M O 4.., �Mt d U� oo) M `� o .c 0,00 O o 'V00 O O N 4(� UcWn U � +; x cn o %U o ® it Ml H O cn 'pCIS V u O + $-4 U z 4"O r� -d cit 0 F 4a wLo cn ° o o v U a a� d O c� 1:14 b U cd un (D a H `� W V) (D W Q -6w P4 04 bA Ln O a� cd W a+ 0 O N 'I C/1 U Ar Q D ®U .� U 2 O C'i'�4Nt~GIUIt,S �1 BCA 4i ,itoV;01 "A Tradition of Building Excellence Since 1950" BUILDING CONTRACTORS ASSOCIATION OF SOUTHWESTERN IDAHO, INC. The Honorable Mayor Tammy de Weerd Meridian City Hall 33 E Broadway Avenue, Suite 300 Meridian, Idaho 83642 6206 N, Discovery Way, Suite A Base, Idaho 83713 ams ma»nn (208) 377-3550 (208) 377-3553 faX IF -rrtraA Website,: \/vvvAy.bcaswi.org E. -mail: bca@hentagewrfi.com Subject: NPDES permit challenges and the expected increase in sewer connection fees Dear Mayor Tammy and Meridian City Council, At the regular September 2014 meeting of the Board of Directors for the Building Contractors Association of Southwestern Idaho (BCASWI) the official position of the BCASWI acknowledges the necessity of the expected increase in the sewer connection fees. However, the BCA supports the position of the National Association of Home Builders and opposes the EPA regulations causing this. This decision was made only after a very healthy discussion that included the positive working relationship we currently feel we have and want to continue with the City of Meridian. We feel good about the lines of communication being open which has been very helpful to all parties. We are committed to continue to be involved in the process and appreciate Meridian's willingness to finding a reasonable solution, The BGA has a long standing policy against unreasonable fee increases and a deep-seated dedication to keeping housing within reach of all the citizens of Idaho. The planning efforts of the Meridian Public Works department are respected and appreciated, We strongly support and encourage ongoing positive dialogue with all stakeholders, In closing, our builders and developers thank you for your time and consideration of this letter and our position, Yours truly, r� Jeff Thompson, President Building Contractors Association of Southwestern Idaho cc: Steve Martinez, Chair Builders Developers Government Affairs 1111111 iiiiiiiii • • • al Resolution No. 1 L�l - I V- A Resolution Adopting the Increase to the Sewer Assessment/Connection Fee MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO. I L( - I c)-.) BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA A RESOLUTION ADOPTING THE SEWER ASSESSMENT/CONNECTION FEE INCREASE; AUTHORIZING THE MERIDIAN PUBLIC WORKS DEPARTMENT TO COLLECT SUCH FEE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, following publication of notice according to the requirements of Idaho Code section 63-1311A, on September 23, 2014, the City Council of Meridian held a hearing on the adoption of a proposed increase to the Sewer Assessment/Connection fee in the amount of $676.00 for a total Sewer Assessment/Connection fee of $3,425.00; and WHEREAS, following such hearing, the City Council, by formal motion, did approve said proposed increase to the Sewer Assessment/Connection fee; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the increase to the Sewer Assessment/Connection fee in the amount of $676.00 for a total Sewer Assessment/Connection fee of $3,425.00, is hereby adopted. Section 2. That the City of Meridian Public Works Department is hereby authorized to implement and carry out the collection of said fee. Section 3. That this Resolution shall be in full force and effect on January 1, 2015. ADOPTED by the City Council of the City of Meridian, Idaho thisday of 2014. "7w� C)C 0 P-el2 APPROVED by the Mayor of the City of Meridian, Idaho, this day of'eptemben,, 2014. ��k cc-* ATTEST: City Clerk APPROVED: --ammy-de-W,Md, M7M OJ,,, t e R o ,,,,-bv, o , Cocom ��3,' 41, 1' City of 1'A 1y1 -.� ' 0' cFF/ .r ADOPTION OF SEWER ASSESSMENTXONNI cTiON FEE - PAGE 1 I •m. muffemmu0=0 October1 PROPOSEDPROJECT NUMBER: ITEM TITLE: Public Hearing: Proposed Fee Schedule of the Meridian Parks and Recreation Department with Revisions to Include the Disc Golf Fall Classic Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS October1 • ITEM NUMBER: :TEM TITLE: RESOLUTION NO. NX Resolution No. I H _ ( O Da : A Resolution Adopting the Fee Schedule of the Meridian Parks and Recreation Department (With Revisions to Include the Disc Golf Fall Classic); Authorizing the Meridian Parks and Recreation Department to Collect Such Fees; and Providing an Effective Date u k • Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN BY THE CITY COUNCIL: RESOLUTION NO.-! L4— lwa BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA A RESOLUTION ADOPTING FEE SCHEDULE OF THE MERIDIAN PARKS AND RECREATION DEPARTMENT; AUTHORIZING THE MERIDIAN PARKS AND RECREATION DEPARTMENT TO COLLECT SUCH FEES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, following publication of notice according to the requirements of Idaho Code section 63-1.311 A, on October 7`h, 2014, the City Council of Meridian held a hearing on the adoption of the proposed Fee Schedule of the Meridian Parks and Recreation Department, as set forth in Exhibit hereto; and WHEREAS, following such hearing, the City Council, by formal motion, did approve said proposed Fee Schedule of the Meridian Parks and Recreation Department; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the Fee Schedule of the Meridian Parks and Recreation Department, as set forth in 1,4Ahibit A hereto, is hereby adopted, Section 2. That the Meridian Parks and Recreation Department is hereby authorized to implement and carry out the collection of said fees. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. 2014. ADOPTED by the City Council of the City of Meridian, Idaho, this 7`' day of October, APPROVED by the Mayor of the City of Meridian, Idaho, this 7ch day of October, 2014.. APPROVED; i TT S f. A / j,}, Of tt i f ATN r e, Ja HoI ' n, r Ity Clerk S,FA 'ti4 AI)ol'TION or FFF, SCHFDUI.P. OF Ml',MMAN PARRS & RF (:IZEA'rION Dh('ARTN'WNT PAGE 1 OF 1 CITY OF MERIDIAN NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN pursuant to the ordinances of the City of Meridian and the laws of the State of .daho, that the City Council of the City of Meridiani will hold a public hearing at 6:00 p.m. on October 7`f', 2014, at Meridian City Hall, 33 East .Broadway Avenue, Meridian, Idaho, regarding the 2014 Meridian Parks and .Recreation Department Fee Schedule, including proposed new fees as set forth below. Further information regarding these fees, as well as the entire Parks & Recreation fee schedule, is available at the Parks & Recreation Department at Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho, (208) 888-3579. Any and all interested persons shall be heard at the public hearing. Written testimony is welcome; written materials should be submitted to the City Clerk no later than 48 hours prior to the public hearing. All testimony and materials presented shall become property of the City of .Meridian. For auditory, visual, or language accommodations, please contact the City Clerk's Office at (208) 888-4433 at least 48 hours prior to the public hearing. Disc Golf Fall Classic Registration Fee $25.00 per person Disc Golf Fall Classic Extra Lunches $5.00 each DATED this 19"' day of October, 2014. BY: JAYCEE L. HOLMAN PUBLISH on September 22, 2014 and September 29, 2014. CITY COUNCIL FR'UBLIC HEARING SIGN-UP SHEET DATE October 2014 ITEM # 7G PROJECT NAME Proposed Fee Schedule Meridian L Rec .. 5 October1 Public Hearing: AP 14-002 Polaris Pre -School at Fairview Lakes by Fairview Lakes, LLC Located 950 E. Fairview Avenue Request: City Council Review of the Planning and Zoning Commission's Decision on CUP 14-010 (Condition #1.4d) Pertaining to the Parking Lot Design MEETING NOTES Lollt) Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ITEM TITLE: KINSLY Public Hearing: MDA 14-004 Kinsley by DL Evans Bank Located Northeast Corner of N. Ten Mile Road and W. Pine Avenue Request: Amend the Recorded Development Agreement (Inst. #1051844653 and #108101151) for the Purpose of Excluding the Property AND Creating a New Development Agreement to Include the Project Boundary and Site Plan Proposed with Kinsley Subdivision MEETING NOTES 1 .3 Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS 51JU1111111 111111 11 1111111 iiiiiiiiiij 11111111 • • r` I! October1 -6 - O i 911191 Public Hearing: RZ 14-003 Kinsley by DL Evans Bank Located Northeast Corner of N. Ten Mile Road and W. Pine Avenue Request: Rezone Approximately 3.42 Acres from L -O (Limited Office) and R-15 (Medium High -Density Residential) Zoning Districts to the C -C (Business Community) Zoning Districts Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS • • r October1 - - d 11 ITEM TITLE: KINSLEY Public Hearing: PFP 14-001 Kinsley by DL Evans Bank Located Northeast Corner of N. Ten Mile Road and W. Pine Avenue Request: Preliminary / Final Plat Approval of Three (3) Commercial Lots on Approximately 2.61 Acres in the Proposed C -C Zoning District 1q1:4-WI01"11, [oil 9 I Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS r • • DATE: October 7, 2014 ITEM NUMBER:7M NUMBER:PROJECT CUP 1-002 ITEM TITLE: KINSLEY Public Hearing: CUP 14-002 Kinsley by DL Evans Bank Located Northeast Corner of N. Ten Mile Road and W. Pine Avenue Request: Conditional Use Permit for the Following: 1) A Drive-Thru Establishment Within 300 Feet of a Residential District AND 2) Extended Hours of Operation in Accord with UDC 1 1-2B-4 in the Proposed C -C Zoning District MEETING NOTES 0 Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS DATE: October 7,2014 • PROJECT NUMBER: ITE1,T SX,14=► ■ Solid Waste Advisory Commission (SWAC): SWAC Recommendation on the Renewal of the Solid Waste Franchise Agreement with Republic Services for FY2015 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS To: The Mayor and City Council, City of Meridian From: Steve Cory, Chairman, Solid Waste Advisory Commission ("SWAC") Date: September 25, 2014 Re: SWAC Recommendation on the Renewal of the Solid Waste Franchise Agreement with Republic Services for FY2015 Purpose: Per City Council instructions, SWAC completed its review of Republic Service's performance during FY2014 in order to make a recommendation whether or not to approve the automatic renewal beginning October 1, 2014 of the Solid Waste Franchise Agreement ("Agreement") with Republic Services for FY2015. While conducting the current review, SWAC relied upon its firsthand experience working with Republic Services on a variety of matters this past year, and the following information: 2013 Republic Services Annual Report, 2014 First and Second Quarter Reports, the ETC Institute Citizen Survey Report, and various input from City staff and the community as outlined below. Findings: 1. FY14 represents the second full year of Republic Services providing franchised solid waste collection services to the City. City Council approved the assignment of the City's Agreement with SSC to Republic Services on March 13, 2012 (Resolution 12-844). The assignment tools effect on April 1, 2012. 2. According to the ETC Institute Citizen Survey findings, garbage service earned a satisfaction rating of 85% and recycling service earned a satisfaction rating of 80%. Both trash and recycling services fell into the Exceeded Expectations portion of the matrix. 3. Growth in the number of residential and commercial customers engaged in recycling continued in FY14. All of the major recycling programs in Meridian showed increases in volume during 2014. Residents recycled 3 tons over the last three quarters, an overall increase of 3.2% over 2013. City of Meridian's commercial customers recycled 1,044 tons over the last three quarters. 4. Special Program: Republic Services collected a total of 790 cubic yards of leaves during Meridian's 2013 three week residential curbside Fall Leaf collection program (38% more cubic yards of leaves than Fall 2012). There is no additional cost to customers for this program. Solid Waste Advisory Commission m 33 E. Broadway Avenue, Suite 200, Meridian, ID 83642 S. Special Program: Republic Services collected a total of 668 tons of trash during the Christmas unlimited collection week. This was 24 tons more than the same collection period in 2013. a. Republic Services collected a total of 1,944 Christmas trees for recycling at no additional cost to customers. 6. Special Program: Republic Services collected a total of 207 bulky items and 2,064 yards (826 tons) of trash during Meridian's 2014 Spring Clean Up week. Last year during Spring Clean Up week, residents discarded 871 tons of waste and 245 bulky items. There is no additional cost to customers for this program. 7. Special Program: Republic Services collected a total of one trash truck, a flat-bed trailer of televisions and one construction box with trash, wood and 30 cubic yards of material at the Old Town Clean Up. There is no additional cost to customers for this program. 8. Special Program: The Community Recycling Program is funded through Republic Services return of 80% of the City's residential and City parks' recycling revenue (after Household Hazardous Waste expenses are paid). Due to continued downturn on commodity prices, Republic Services was unable to return any recycling revenue to the City in FY14. The extended downturn in secondary markets throughout FY14 has had a dramatic negative impact on the Community Recycling Fund balance. The current balance is $1,156.84. 9. Special Program: In response to customer demand, Republic Services continues to provide a subscription -based Grass Recycling Pilot Program in Meridian, Boise, and Eagle. Meridian's customers make up 60% of the total number of customers participating in this new program. Republic Services agreed to keep track of all the relevant data and Will report back to SWAC at the end of the Pilot Program year. 10. SWAC meetings: Republic Services attends monthly SWAC meetings which is a valuable service to the City. In FY14, special topics covered by Republic Services included the county landfill tipping fee issue; the Meridian Heights/Kentucky Ridge subdivisions' annexation and the transfer of trash services; community outreach efforts to increase participation in the residential recycling program; container placement standards; changes in the recycling commodity markets in the Pacific Northwest; the 25tb Anniversary of the Household Hazardous Waste programs; countywide rates comparisons; and periodic status reports on Boise's glass beverage container recycling program. Conclusion: On the basis of these findings, SWAC concluded that Republic Services provided services in addition to its contracted duties and responsibilities and performed them above and beyond the manner and standard prescribed in Agreement. As a result of its findings, SWAC voted at its meeting on September 24, 2014 to recommend approval of the renewal of Agreement with Republic Services to City Council for FY 15. SWAC also voted to convene a subcommittee during FYI to review the terms and conditions of the Agreement including servicing of its residential recycling stream and to report back to City Council with its findings prior to the review cycle for renewal of the current Agreement for FYI 6. III ill • • r Legal Department: Approval of Collective Labor Agreement between City of Meridian and Meridian Firefighters I.A.F.F. LOCAL 4627 u T 4 4 11 ► ►• Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Klyrolwal DI 11131 1 101 m k1A 113 m w I IN 5 � � I TABLE OF CONTENTS AGREEMENTPREAMBLE......................................................................................................... 1 ARTICLE1— RECOGNITION..................................................................................................... 1 ARTICLE 2 — DISCRIMINATION............................................................................................... 2 ARTICLE 3 — PREVAILING RIGHTS......................................................................................... 2 ARTICLE 4 — MANAGEMENT RIGHTS.................................................................................... 2 ARTICLE 5 — UNION DUES, FEES and ASSESSMENT CHECK OFF ..................................... 3 ARTICLE 6 — UNION BUSINESS................................................................................................ 3 ARTICLE 7 — REDUCTIONS IN FORCE.................................................................................... 4 ARTICLE 8 — RULES and REGULATIONS................................................................................. 4 ARTICLE9 — INSURANCE.......................................................................................................... 4 ARTICLE10 — SICK LEAVE....................................................................................................... 6 ARTICLE11— INJURY LEAVE................................................................................................... 8 ARTICLE 12 — VACATION—EMERGENCY—INCIDENTIAL & HOLIDAY LEAVE .............. 9 ARTICLE 13 — RELIEF PERSONNEL....................................................................................... 12 ARTICLE14 — VACANCIES....................................................................................................... 12 ARTICLE15 — PROMOTIONS................................................................................................... 13 ARTICLE 16 — GRIEVANCE PROCEDURE.............................................................................. 15 ARTICLE 17 — NO STRIKES — NO LOCKOUT........................................................................ 17 ARTICLE 18 — UNIFORM ALLOWANCE AND ISSUED EQUIPMENT ............................... 17 ARTICLE 19 — HOURS OF WORK AND DESIGNATED WORK HOURS ............................ 18 ARTICLE 20 — BEREAVEMENT LEAVE................................................................................. 19 ARTICLE 21 — ADDITIONAL DUTY AND COMPENSATION .............................................. 20 ARTICLE 22 — WORKING OUT OF CLASSIFICATION......................................................... 21 ARTICLE23 — STAFFING......................................................................................................... 22 ARTICLE24 — SALARIES......................................................................................................... 23 ARTICLE 25 — ALCOHOL & DRUG POLICY.......................................................................... 23 ARTICLE 26 — HEALTH AND WELLNESS............................................................................. 23 ARTICLE 27 — REQUEST FOR REDUCTION IN RANK ......................................................... 24 ARTICLE 28 — SAVINGS CLAUSE........................................................................................... 26 ARTICLE 29 — EFFECTIVE DATE............................................................................................ 26 APPENDIX "A" — WAGE SCHEDULE APPENDIX "B" — DRUG & ALCOHOL POLICY APPENDIX "C" — ISSUED EQUIPMENT APPENDIX "D" — POLICY AP 205 — UNIFORM/PERSONAL APPEARANCE I AGREEMENT PREAMBLE 2 The City of Meridian, hereinafter referred to as the CITY, and the Local #4627 3 International Association of Firefighters, hereinafter referred to as UNION, with the 4 Management of the Fire Department, empowered by the CITY, to the Fire Chief, hereinafter 5 referred to as DEPARTMENT; in order to increase the general efficiency within the Fire 6 Department, to maintain existing harmonious relationship between the DEPARTMENT and its 7 employees, and to promote the morale, rights, and well-being of the members of the Fire 8 Department, hereby agree as follows: 9 10 ARTICLE 1— RECOGNITION 11 Pursuant to Title 44, Chapter 18, Section l,' Sub -section 1 (44-1801(1)) of the Idaho 12 Code the CITY recognizes the UNION as the exclusive bargaining agent for all firefighters as 13 defined by said code excluding any clerical support staff. 14 This Agreement shall apply, currently, but not be limited to the following: 15 16 1.1 Twenty -Four (24) hour per shift Suppression Firefighters of the Meridian Fire 17 Department 18 These employees currently work shifts defined by Article 19.1. The positions 19 incorporated by this Agreement are for Probationary Firefighter, Firefighter I, II, III, Engineer, 20 Captain of Suppression, and Battalion Chief. 21 22 1.2 Forty (40) hour per week Firefighting Personnel of the Meridian Fire Department 23 These employees currently work a shift as defined in Article 19.2. The position 24 incorporated by this Agreement are Recruit Firefighter, Captain Fire Inspector, Training 25 Captain, and may include Suppression Firefighter personnel that are assigned on a temporary 26 basis for training or light duty. Temporarily assigned personnel will not be required to flex 27 their forty (40) hour per week schedule, as defined in Article 19.2, without mutual consent by 28 the individual and the department. Temporarily assigned personnel shall not have their vacation 29 or sick leave converted pursuant to Article 12. 1, but will only accrue vacation and sick leave at 30 the forty (40) hour per week employee rate during the temporary assignment. 31 32 COLLECTIVE LABOR AGREEMENT — Page I of 27 1 ARTICLE 2 - DISCRIMINATION 2 There shall be no discrimination against, intimidation, or harassment of any employee 3 by either the CITY, DEPARTMENT, or UNION or any member acting on behalf of the 4 UNION, because of the employee's membership or non -membership in the UNION or by virtue 5 of his/her holding office or not holding office in the UNION. 6 The CITY and the UNION agree that neither shall discriminate against any employee or 7 prospective employee with respect to his/her compensation, terms, conditions, or privileges of 8 employment because of such employee's race, color, religion, sex, national origin, age, or other 9 factors which do not constitute a bona fide occupational requirements. It shall be the exclusive 10 responsibility of the DEPARTMENT to determine bona fide occupational requirements within 11 the meaning of this Article. 12 13 ARTICLE 3 — PREVAILING RIGHTS 14 All rights, privileges and benefits held by the firefighters at this time which are not 15 included in this contract shall remain in force, unchanged and unaffected in any manner unless 16 agreed to and memorialized in writing by both parties to the Agreement, provided that the 17 Management of the Department may change or cancel any such right, privilege or benefit 1) 18 temporarily to accommodate an emergency situation; or 2) when shown to be a necessity for the 19 best interest of the CITY or the DEPARTMENT, provided further that any change, cancellation 20 or alteration of any such right, privilege or benefit cannot be done arbitrarily, for retaliation, for 21 the purposes of harassment, or in a manner resulting in disparate treatment, and must be with 22 just cause by Management. Any change shall be subject to the Grievance Procedure. Nothing 23 in this Article is intended to supersede the CITY's obligation to negotiate pursuant to the 24 provisions of Section 18, Title 44, Idaho Code, or to supersede any other terms or conditions of 25 this Agreement. 26 27 ARTICLE 4 — MANAGEMENT RIGHTS 28 The DEPARTMENT shall have the exclusive right to exercise the regular and 29 customary functions of management, subject to the provisions of this Agreement and consistent 30 with applicable law and regulations, including, but not limited to: Determining the 31 DEPARTMENT'S financial, budgetary, accounting and organizational policies and procedures; 32 Directing the activities and operations of the DEPARTMENT; Determining the levels of service COLLECTIVE LABOR AGREEMENT — Page 2 of 27 1 and methods of operations; To create and oversee personnel policies, rules and regulations not 2 inconsistent with any other term of this Agreement; The introduction of new equipment; The 3 right to hire, lay-off, transfer and promote; To discipline and discharge employees for cause; To 4 determine work schedules and assign work; To determine job qualifications; To take whatever 5 action may be necessary to carry out its mission. Provided that nothing in this Article shall 6 nullify: (1) Any provisions elsewhere in this agreement, or (2) The CITY's statutory obligation 7 to negotiate with the UNION Pursuant to Chapter 18, Title 44, Idaho Code. Any change or 8 cancellation of any such right or privilege that is provided within Idaho Code shall be subject to 9 the grievance procedure. 10 The terms hereof are intended to cover only minimums in wages, hours, working I 1 conditions, benefits, and other terms and conditions of employment. The CITY may place 12 superior wages, hours, working conditions, benefits and other terms and conditions of 13 employment in effect and may reduce the same to the minimums herein prescribed. 14 This Article shall not preclude the UNION and the CITY from meeting during the 15 period of the contract to either (1) discuss procedures for avoiding grievances and other 16 problems, or (2) generally improving relations between the parties. 17 18 ARTICLE 5 — UNION DUES, FEES and ASSESSMENT CHECK OFF 19 The CITY agrees to deduct authorized union dues, fees and assessments in amounts 20 specified by the authorized officer of the UNION, from the pay of the UNION employees upon 21 written authorization. The CITY further agrees to transmit those amounts monthly to the 22 UNION. The UNION agrees to certify to the CITY the amount of authorized dues, fees and 23 assessments. The CITY will show deductions of dues, fees and assessments on the employee's 24 monthly check stubs. 25 26 ARTICLE 6 — UNION BUSINESS 27 Firefighters elected to UNION office shall be granted time off to attend functions, 28 conventions and seminars within the State of Idaho, provided that the Fire Chief is given 29 seventy-two (72) hours notice and approves such leave. Up to three (3) members of the 30 UNION's Contract Negotiation Committee shall be allowed time off either as leave without pay 31 or vacation time at the employee's discretion, for all meetings with the CITY for contract COLLECTIVE LABOR AGREEMENT — Page 3 of 27 1 negotiations, for union conventions and for union seminars mutually set by the CITY and the 2 UNION. 3 UNION shall be allowed to hold meetings within CITY Fire Stations. When 4 teleconferencing is available for all stations; meetings shall be held at multiple stations rather 5 than Station 1. By mutual consent a meeting may be held at one station as schedule and 6 workload allows. The CITY shall always maintain authority over the use of its stations. 7 8 ARTICLE 7 — REDUCTIONS IN FORCE 9 Reductions in force shall be established by a resolution of the City Council. If a 10 reduction in force is directed then it shall be done based upon seniority within each section 11 Twenty -Four (24) or Forty (40) hour that is to be reduced. 12 Seniority in the Meridian Fire Department is established at the time of hiring and is 13 determined by date of hire, if the same then by cumulative test scores, and if still tied then by a 14 coin toss. 15 No new employees, in either twenty-four (24) or forty (40) hour per week positions as 16 covered by this Agreement will be hired until the released members have been given the 17 opportunity to return to work. When positions become available then released personnel shall be 18 re -hired in the inverse order they were released. 19 20 ARTICLE 8 — RULES and REGULATIONS 21 The rules and regulations and policies of the DEPARTMENT relating in any way to 22 wages, hours and/or conditions of employment shall be made a part of this Agreement. The 23 rules and regulations of the DEPARTMENT as provided in Idaho Code shall be subject to 24 change by mutual consent. 25 26 ARTICLE 9 — INSURANCE 27 During the term of this Agreement, the CITY shall pay 100% of the employee premiums 28 for health, worker's compensation, dental, life, and short & long-term disability insurance. The 29 CITY shall pay the same premium and provide identical coverage to the UNION for health 30 insurance that is given to other city employees. The coverage shall be comparable to the current 31 coverage in policies, in existence as of the effective date of this agreement. The CITY will pay 32 80% of the same premium for the family health and dental in the same manner that it pays for COLLECTIVE LABOR AGREEMENT — Page 4 of 27 I other city employees. This provision will be reviewed on an annual basis after quotes for 2 insurance are received to determine what adjustments may be needed to employee contributions 3 to the plan. The CITY further agrees to cover increases in premiums for employees up to 3% 4 not to exceed $15.00 per month or $180 per year. However, adjustments in coverage may be 5 necessary if premiums quoted are above that amount. Any adjustments will not exceed 6 adjustments made to other city employees. The CITY reserves the right to make changes in 7 carriers, premiums and provisions of these programs when deemed necessary or advisable. The 8 City of Meridian agrees to establish an insurance review committee that will review the 9 employee's insurance coverage on an annual basis and make recommendations to the City 10 Council. The UNION will be given a position for a representative on the committee with the 11 understanding that this member does not have bargaining power for the UNION. 12 13 9.1 Line of Duty Death Benefit 14 If a Firefighter dies in the line of duty as determined by the United States Department of 15 Justice, in addition to other benefits that are available for a firefighter who dies in the line of 16 duty, including but not limited to the Federal Firefighter Death Relief Act, Social Security, State 17 Worker's Compensation, or the Public Employees Retirement System, the CITY agrees to pay 18 the following benefits: 19 1) Cash value of 100% of the accumulated sick leave up to a maximum of 720 hours 20 remaining to the survivor of the firefighter; either to the spouse, or dependent children at the 21 survivor's choice; paid in one lump sum to the party or their designated trustee or 22 representative. 23 2) A CITY provided life insurance policy, at no cost to the firefighter, for both $50,000 24 term life and $50,000 accidental death benefit. 25 26 9.2 - Post Employment Benefit 27 When a firefighter retires from active duty, by qualifying under the rules existing under 28 the Public Employee Retirement System (PERSI); by points, age, medical disability, or by any 29 method in existence at the time of retirement allowed by PERSI, the CITY agrees to pay the 30 cash value equivalent of twenty-five percent (25%) of the accumulated sick leave remaining for 31 that firefighter to them at the time of their retirement. COLLECTIVE LABOR AGREEMENT — Page 5 of 27 I The CITY will make all reasonable efforts during the term of this agreement to create a 2 citywide post employment health benefit for all employees that may be considered by the 3 UNION. In the event a program is created and approved by the CITY the UNION will have the 4 option to re -open this agreement and substitute the citywide program in lieu of this Program in 5 Article 9.2 without penalty. 6 7 9.3 Voluntary Health Insurance and Benefits 8 There shall be established a Firefighter Only Retirement Health Plan between the 9 UNION and a vendor of their choosing; Washington State Council of Firefighters Medical 10 Expense Plan for Retirees (WSCFFMERP). The City shall require that all employees of the fire 11 department that are covered by the terms of this Collective Bargaining Agreement shall be 12 required to be a member of WSCFFMERP by City policy whether they are a member of the 13 UNION or not. 14 At no cost to the CITY, the CITY agrees to deduct the specified amount authorized by 15 the firefighters and transmit those amounts to WSCFFMERP monthly. The UNION will be 16 required to submit plan documents to the CITY with all the necessary information to allow the 17 CITY to accomplish the payroll deduction. The amounts will be reflected in the individual 18 UNION members monthly pay stubs. 19 The deductions by the CITY have to align with the beginning of the City's pay periods 20 and payrolling system. 21 22 ARTICLE 10 — SICK LEAVE 23 Any twenty-four (24) hour shift member of the UNION incurring a non -duty sickness or 24 disability which renders them unable to perform their duties shall receive sick leave with full 25 pay within his/her accumulated sick leave time. All twenty-four (24) hour shift members shall 26 accrue fourteen (14) hours per month. The maximum time accumulated shall be 2920 hours. 27 Any forty (40) hour per week member of the UNION shall accrue eight (8) hours per 28 month with a maximum accumulation of 720 hours. The accumulated sick leave shall carry 29 over from one contract to the succeeding contract. 30 Any UNION member that transfers from a twenty-four (24) hour shift position to a forty 31 (40) hour per week position or vice versa shall have their accumulated leave adjusted by the 32 following conversion factor. COLLECTIVE LABOR AGREEMENT — Page 6 of 27 I ® Twenty-four (24) hour shift transfer to forty (40) hour per week shift — Multiply 2 accumulated leave by .736. 3 ® Forty (40) hour per week shift transfer to twenty-four (24) hour shift — Multiply 4 accumulated leave by 1.36. 5 Any UNION member whose employment with the CITY is voluntarily separated from 6 employment, but not by PERSI retirement, shall be paid, at their regular wage rate, for 10% of 7 their accrued sick leave at the date of separation. If an employee is involuntarily terminated by 8 the CITY, excluding workforce reduction, no pay will be given. 9 Any UNION member unable to perform their duties for more than three (3) consecutive 10 shifts for twenty-four shift members and five (5) consecutive days for forty hour per week 11 members due to non -duty sickness or disability shall be required to provide medical 12 documentation from their attending physician that states that the employee is unable to perform 13 their regular duties or any limitations that may exist and the expected length of time before the 14 employee can return to full duty. Any employee may be required to provide a physician 15 certificate prior to the use of three (3) consecutive work shifts for twenty-four shift members 16 and five (5) consecutive days for forty hour per week members to ensure compliance with the 17 provisions of the Family Medical Leave Act (FMLA). An employee on medical, injury or 18 incidental leave will not accrue any sick leave benefits for leave that exceed six (6) or more 19 consecutive work shifts for twenty-four hour shift members or ten (10) consecutive days for 20 forty hour per week members. 21 22 10.1— Donating of vacation leave and receiving paid time off for catastrophic illness or 23 injuries (FMLA Qualifying) of Firefighters or Family members 24 UNION members that suffer a catastrophic illness or injury to themselves or an 25 immediate family member shall be eligible to receive leave time from another member of the 26 UNION to cover any loss of income for the member's absence from their regularly scheduled 27 duty assignment. 28 The illness and/or injury as well as the qualifying individual must all comply with the 29 requirements of the Family Medical Leave Act and the City Policy to be able to receive this 30 paid time off. COLLECTIVE LABOR AGREEMENT — Page 7 of 27 1 UNION members may donate all of their accrued vacation hours per calendar year. The 2 receiving UNION member cannot receive more than 480 hours for forty (40) hour per week 3 Firefighting Personnel or 720 hours for 24 hour per shift Suppression Firefighters of donated 4 time per calendar year except as allowed by City Policy 4.3.1. 5 Pursuant to the City of Meridian Standard Operating Policy and Procedure No. 4.3.1 6 employees are eligible to donate accumulated vacation leave to another employee that has an 7 FMLA qualifying event. Additionally, the City currently provides Short Term and Long Term 8 disability benefits to employees. The paid time off that is necessary for an employee to 9 maintain their pay during this period shall be coordinated with that benefit so that the employee 10 does not receive an excess of their regular pay. All IRS regulations must be followed by any 11 participant in this program. 12 13 ARTICLE 11— INJURY LEAVE 14 When a firefighter is incapacitated on the job the firefighter shall be entitled to injury 15 leave with full monthly pay without reduction which includes the wage scale in APPENDIX 16 "A", during the time period in which the firefighter is unable to perform their duties or until 17 such time as the firefighter is accepted for retirement by the current retirement system. The 18 period of injury leave is limited to a maximum of twelve (12) months and any Worker's 19 Compensation benefits received by the member for total or partial temporary disability during 20 the employee's injury leave with full pay shall be turned over to the CITY. All employees on 21 injury leave shall be subject to an examination by a Doctor acceptable to the CITY. The CITY 22 may require recertification by a physician every thirty (30) days. 23 Whenever a firefighter is unable to perform their full duties as a result of a "line of duty" 24 injury or illness, the firefighter may be required to report to work in a light duty status if 25 management determines that light duty work exists or is available at that time. Management has 26 the right to determine if light duty exists. The CITY has the right to reassess the light duty 27 position every thirty (30) days. 28 The DEPARTMENT reserves the right to re -assign work schedules as necessary when 29 assigning light duty. This right shall include, but not be limited to changing days of work, hours 30 of work, and type of work to be performed. If light duty extends beyond the current month 31 (begins in one month and extends into another), the firefighter will only accumulate leave 32 benefits at same accrual rate of a general city "forty (40) hour per week" employee until light COLLECTIVE LABOR AGREEMENT — Page 8 of 27 1 duty ends. When the firefighter returns to regular duty assignment the normal leave benefits 2 will begin to accrue immediately. If the return to duty occurs within the month then the CITY 3 will pro -rate their accrual of leave within that month between a general employee rate and the 4 firefighter rate. 5 Assigned light duty shall be strictly limited to instructions, restrictions, or limitations 6 provided by the sick or injured employee's medical doctor regarding their physical or mental 7 status. The firefighter must provide a Doctor's release to the Fire Chief or designee stating 8 what limitations or functions the firefighter is able to perform and for how long (hours per day 9 or per shift, days or shifts per month, etc.) 10 Assigned light duty shall in no way endanger, aggravate or prolong the full physical 11 and/or mental recovery of the sick/injured employee. 12 Light duty shall in no way affect the existing vacation, holiday, sick leave or other 13 benefit accrual as previously agreed to or provided for by this agreement or by past practice of 14 the management except for the exceptions as provided within this Article. 15 16 ARTICLE 12 — VACATION—EMERGENCY—INCIDENTAL & HOLIDAY LEAVE 17 12.1 Vacation Leave 18 All twenty-four (24) hour shift employees shall accrue paid vacation leave on monthly 19 basis according the following schedule: 20 21 A. Zero to four (0-4) years of service 16 hours per month 22 B. Five to nine (5-9) years of service 18 hours per month 23 C. Ten to fourteen (10-14) years of service 20 hours per month 24 D. Fifteen to nineteen (15-19) years of service 22 hours per month 25 E. Twenty (20) and over years of service 24 hours per month 26 27 Maximum hours accrued shall be 720 hours. Any amount over the maximum will be 28 lost. 29 All forty (40) hour per week employees shall accrue paid vacation leave on monthly 30 basis according the following schedule: 31 A. Zero to four (0-4) years of service 10 hours per month 32 B. Five to nine (5-9) years of service 12 hours per month 33 C. Ten to fourteen (10-14) years of service 14 hours per month 34 D. Fifteen to nineteen (15-19) years of service 16 hours per month 35 E. Twenty (20) and over years of service 18 hours per month COLLECTIVE LABOR AGREEMENT — Page 9 of 27 I Maximum hours accrued shall be 250 hours. Any amount over the maximum will be 2 lost. 3 Any UNION member that transfers from a 24 hour shift position to a 40 hour per week 4 position or vice versa shall have their accumulated leave adjusted by the following conversion 5 factor. 6 ® Twenty-four (24) hour shift transfer to forty (40) hour per week shift — Multiply 7 accumulated leave by .736. 8 ® Forty (40) hour per week shift transfer to twenty-four (24) hour shift — Multiply 9 accumulated leave by 1.36. 10 Any firefighter, whose employment with the DEPARTMENT is discontinued, for any 11 reason, shall be paid at their wage rate, at time of separation, for all accrued and accumulated 12 vacation. 13 Vacation usage shall be governed by departmental policy. The number of firefighting 14 personnel that that shall be permitted to use vacation or incidental leave per shift shall be 15 determined by the following formula: 16 The number of approved line firefighter position per shift divided by 6.5. (Example: (20 17 ff's on a shift divided by 6.5 = 3.07). 18 The minimum number of firefighters permitted to use vacation or incidental leave shall 19 not be lower than 3 per shift. The increase of an additional firefighter utilizing vacation or 20 incidental leave on a shift shall not change until the quotient of the formula meets or exceeds 21 the next whole number. As of the effective Date of this Agreement and for the purpose of this 22 calculation, the total current approved line Firefighter positions per shift is twenty (20). 23 Additional personnel may be permitted to use vacation or incidental leave if it will not 24 cause additional overtime to the DEPARTMENT and is approved by the Battalion Chief. 25 NOTE: Firefighters who are promoted to any non -UNION position shall retain their 26 existing accrued vacation and sick leave. The employee shall then be subject to the accrual 27 rates pursuant to City policy of eight (8) hours of sick leave monthly and vacation accruals 28 based upon years of service with the City of Meridian. Any employee that has hours in sick 29 leave or vacation leave in excess of the amount allowed by City Policy shall not accrue any 30 additional sick leave or vacation until their hours have gone below the allowed limits. 31 COLLECTIVE LABOR AGREEMENT — Page 10 of 27 1 12.2 Emergency Leave 2 In the event of an emergency, a firefighter shall be granted leave for a minimum of four 3 (4) hours and until the emergency no longer exists and the firefighter can return and perform 4 their job as required. The firefighter's station captain shall have the authority to grant the 5 immediate leave and will coordinate with the Battalion Chief to acquire a replacement 6 firefighter pursuant to this Agreement and Departmental policy. 7 An "Emergency" for the purposes of this clause shall be a matter that could not have 8 been anticipated or known prior to the beginning of the firefighter's shift and should in the 9 discretion of the station captain be a matter of concern of great bodily harm to the firefighter or 10 their immediate family; a matter of great property loss or damage to the firefighter and should 11 only be granted in the most extraordinary of circumstances. 12 When practical the Fire Chief will be notified of the granting of Emergency Leave, and 13 if applicable, the possible length of said leave. 14 15 12.3 Incidental Leave 16 Incidental leave is defined as time off not previously scheduled during the vacation 17 schedule process pursuant to departmental policy. Incidental leave usage shall be governed by 18 departmental policy, but no more than three (3) firefighters shall be allowed to use incidental or 19 vacation leave per shift unless directed by a Battalion Chief and it will not cause any additional 20 overtime to the DEPARTMENT. 21 Incidental leave may be granted at any time, up to and including the day requested, as 22 long as no more than three firefighters have been granted vacation or incidental leave on the 23 requested day. Incidental leave will be granted for a minimum four (4) hours. 24 25 12.4 Holiday Leave 26 All firefighters shall accrue and receive eight (8) hours paid leave for each of the 27 holidays listed below and any additional days recognized by the State of Idaho. All holiday 28 time shall be in addition to the employee's accumulated vacation leave, and shall accrue as each 29 holiday occurs. All twenty-four (24) shift employees shall have the holiday leave added to their 30 vacation leave. All employees shall be entitled to ten (10) holidays per calendar year as listed 31 below: 32 COLLECTIVE LABOR AGREEMENT — Page II of 27 I NEW YEAR'S DAY LABOR DAY 2 CIVIL RIGHTS DAY COLUMBUS DAY 3 PRESIDENT'S DAY VETERAN'S DAY 4 MEMORIAL DAY THANKSGIVING DAY 5 INDEPENDENCE DAY CHRISTMAS DAY 6 All forty (40) hour per week employees shall NOT receive Columbus Day as a holiday, but 7 shall receive the day after Thanksgiving as a holiday. The forty (40) hour per week employees 8 shall receive all the remaining holidays as listed above. If the designated holiday falls on a 9 weekend then the member shall take the City designated day as the holiday. 10 11 ARTICLE 13 — RELIEF PERSONNEL 12 The DEPARTMENT will provide qualified relief personnel with full-time employees. 13 Sufficient relief personnel shall be used to maintain normal coverage of each shift period of 14 vacation, holidays, sick leave, and fire related education. Relief personnel may include current 15 department personnel working out of classification in a higher ranked position, pursuant to this 16 Agreement. 17 18 ARTICLE 14 — VACANCIES 19 Entry level firefighters shall be determined by a generally accepted standard testing 20 method within the fire service profession. Every two (2) years the DEPARTMENT shall hold a 21 qualifying test. The purpose of the test shall be to establish a hiring list of applicants for entry 22 level vacancies that may occur within the subsequent two (2) years. This test shall not limit the 23 DEPARTMENT's ability to set the requirements necessary for hiring for vacancies. 24 Any unfilled entry level position caused by termination, retirement, promotion or 25 otherwise, except for personnel reduction as provided elsewhere in this Agreement, shall be 26 filled from a hiring list of eligible applicants on file for that position. If there is no existing list 27 then entry level positions will be filled after the next available testing. Vacancies must be filled 28 after the next available testing. Vacancies must be filled no later than one (1) year from the 29 opening. 30 Promotions and vacancies for the position of Engineer, Captain and any other positions 31 added to the ranks of the DEPARTMENT which pertain to shift personnel shall be filled from 32 the current ranks of full-time personnel of the Meridian Fire Department. After the test is given 33 and if appropriate training has been provided for the position tested and there are no successful COLLECTIVE LABOR AGREEMENT — Page 12 of 27 1 candidates a second test will be given and if there are still no successful candidates for these 2 positions, management has the right to hire outside of the Meridian Fire Department to fill the 3 open position(s). The Department may have up to thirty (30) days to begin a process for an 4 unscheduled vacancy. All promotional examinations shall be given within 90 days and filled 5 pursuant to Article 15 of this Agreement and within a short reasonable time frame as long as 6 there are available candidates to promote. 7 If during the pendency of a promotional list an employee is demoted in rank as a part of 8 a disciplinary action the employee's name shall be removed from that list for the remainder of 9 the cycle. Employees shall not be eligible for promotion if have been disciplined which resulted 10 in a suspension without pay within ninety (90) days of the date to be promoted. 11 Currently a position of Training Captain is authorized, but unfilled. The position shall 12 remain vacant by mutual agreement during the duration of this agreement. If the need arises 13 based upon changed circumstances this position may be reinstated by mutual agreement and 14 when that occurs the time periods for filling of the position shall follow all other vacancies 15 within this Agreement. 16 It shall be the exclusive responsibility of the DEPARTMENT to determine bona fide 17 occupational requirements within the meaning of this Article. 18 19 ARTICLE 15 — PROMOTIONS 20 Eligibility tests for promotion and newly created positions shall be based on 21 examinations given. To be considered for promotion the employee must have served one 22 continuous year in the previous position, except for Battalion Chief which the employee shall 23 have served three (3) continuous years in the previous position. All promotional lists will 24 become effective June 1St of the year that they are given and will expire on May 31St of the year 25 that the subsequent test is given. 26 Examinations will be given once every two (2) years for Engineers; and will be given in 27 the first week of May of each year. For the positions of Captain of Suppression, the 28 examination will be given every two (2) years in the first week of May. For all other 29 promotional positions identified in this Agreement, testing will be done on an as needed basis. 30 The testing for Engineers will be in odd numbered years and for Captain in even numbered 31 years, or as needed. Upon enactment of this Agreement (2014-2016) the current list for 32 Engineers shall not expire until 2016 and the members on the current list shall maintain a COLLECTIVE LABOR AGREEMENT — Page 13 of 27 1 priority over members that test for Engineer in 2015 until their list has expired. A member may 2 be on both lists simultaneously. The current Captain's list will be extended to 2016. 3 A notice of impending promotional exam with a designated bibliography and defined 4 scoring criteria for the positions being tested shall be provided to all personnel for a minimum 5 of ninety (90) days prior to the test date. The bibliography and defined scoring criteria may be 6 available more than ninety (90) days prior to the testing, but the notice of testing must allow for 7 a minimum of ninety (90) days between the notice and the test. Notice shall be provided by a 8 department wide email to all members of the department and by the posting of notices in each 9 Fire Station and the Administrative office of the Fire Department. 10 In the event of an opening/vacancy for a position in which there are no qualified 11 candidates on the current promotion/eligibility list of that position, a special test may be given, 12 by mutual consent of both parties, to fill the vacancy/opening. 13 All examinations shall be impartial and shall relate to those matters which will test fairly 14 the candidate's ability to discharge the duties of the position to be filled. 15 It shall be the exclusive responsibility of the DEPARTMENT to determine bona fide 16 occupational requirements within the meaning of this Article. The DEPARTMENT shall be the 17 sole judge of skills, qualifications and ability. Seniority for promotions will be one (1) point per 18 year of service up to the maximum of ten (10) points. Seniority points will be added after 19 successfully passing the written examination. Promotional examinations shall consist of a 20 written test, assessment center, and two oral boards. The components of the assessment center 21 shall be identified at the time of the announcement of the test. The following formulas will be 22 used to determine the candidate's final score on promotional examinations for Engineer and 23 Captain respectively: 24 25 Engineer's Exam Scoring Criteria: 26 Written test: 40% of overall score; 70% minimum passing score 27 Assessment Center: 30% of overall score; 70% minimum overall passing score for each 28 component 29 Operational Oral Board: 15% of overall score; 70% minimum passing score 30 Chief's Oral Board: 15% of overall score; 70% minimum passing score 31 32 COLLECTIVE LABOR AGREEMENT — Page 14 of 27 I Captain's Exam Scoring Criteria: 2 Written test: 40% of overall score; 70% minimum passing score 3 Assessment Center: 30% of overall score; 70% minimum passing score 4 Operational Oral Board: 15% of overall score; 70% minimum passing score 5 Chief's Oral Board: 15% of overall score; 70% minimum passing score 6 7 Battalion Chief's Exam Scoring Criteria: 8 Written test: 20% of overall score; 70% minimum passing score 9 Assessment Center: 50% of overall score; 70% minimum passing score 10 Operational Oral Board: 15% of overall score; 70% minimum passing score 11 Chief's Oral Board: 15% of overall score; 70% minimum passing score 12 Each testing cycle shall have a DEPARTMENT provided Development Program for 13 promotion prior to the testing period. 14 15 ARTICLE 16 — GRIEVANCE PROCEDURE 16 Disputes or differences arising between the DEPARTMENT and the UNION and/or 17 individual members of the Fire Department as to the meaning or application of any provision of 18 the Agreement or of the Rules and Regulations of the Fire Department (as provided in Article 19 8), relating in any way to employees' wages, hours and /or conditions of employment, shall be 20 settled in the manner provided herein. For the purpose of this provision, such a dispute or 21 difference shall be referred to as a "Grievance." All timelines that are described in this Article 22 may be adjusted by the mutual consent of the DEPARTMENT and the UNION. Any variation 23 of the timeline shall be memorialized in writing and signed by the Chief and the UNION 24 President or designee. 25 Step One: Any employee who has a grievance shall notify the Union Grievance 26 Committee in writing within fourteen (14) calendar days from the date of the grievance, or 27 fourteen (14) calendar days from the time the employee, through reasonable diligence, should 28 have been aware of it. The Union Grievance Committee, hereinafter referred to as UNION, 29 shall within the next then thirty (30) calendar days after the conclusion of any fact gathering, 30 hearing, or necessary research to determine if the grievance has merit. If in its opinion, the 31 grievance does not have merit, no further action shall be necessary. At no point shall the process 32 exceed thirty (30) days without the consent of both the DEPARTMENT and the UNION. COLLECTIVE LABOR AGREEMENT — Page 15 of 27 I Step Two: If it is the opinion of the UNION that a valid grievance exists, the UNION 2 shall present the grievance in writing to the Fire Chief within fourteen (14) calendar days after 3 their decision. All parties to such discussion will make a good faith effort to resolve the 4 grievance. The Fire Chief thereafter shall give his/her reply in writing within thirty (30) 5 calendar days from the conclusion of any fact gathering, hearing, or necessary research. At no 6 point shall the process exceed thirty (30) days without the consent of both the DEPARTMENT 7 and the UNION. 8 Step Three: If the grievance has not been resolved in Step Two, the UNION shall 9 present the grievance in writing to the CITY within fourteen (14) calendar days from the receipt 10 of the Fire Chief's written reply. All parties to such discussion will make a good faith effort to 11 resolve the grievance. The CITY, through the Mayor and City Council thereafter shall give its 12 reply in writing within thirty (30) calendar days from the conclusion of any fact gathering, 13 hearing, or necessary research. At no point shall the process exceed thirty (30) days without the 14 consent of both the CITY and the UNION. 15 Step Four: If the grievance has not been resolved at the appropriate lower Step(s), 16 either the UNION and DEPARTMENT may within fourteen (14) calendar days refer the 17 grievance to an Arbitrator by serving written notice upon the other. 18 The UNION and the DEPARTMENT shall both select an individual to represent their 19 interests in the grievance process. The individuals may not be members of, or employees of 20 either the UNION or the DEPARTMENT. These two individuals shall request Director of the 21 Department of Labor and Industrial Services of the State of Idaho to supply a list of seven (7) 22 proposed arbitrators, none of the seven (7) shall be individuals that have represented either the 23 UNION or the DEPARTMENT. Within five (5) calendar days after receipt of this list the 24 UNION'S representative and the DEPARTMENT'S representative shall select an Arbitrator by 25 alternately striking one (1) name at a time from the list until only one (1) name remains. The 26 party striking the first name shall be determined by a coin toss. Both parties shall accept the 27 name remaining on the list as the Lead Arbitrator. 28 The Arbitration Board shall conduct a hearing and shall render a decision in writing, 29 which shall be final and binding on both parties, subject only to the parties' right to seek 30 vacation or modification to the Arbitration Board award pursuant to the provisions of Chapter 9, 31 Title 7 Idaho Code. COLLECTIVE LABOR AGREEMENT — Page 16 of 27 I The Arbitration Board shall have only such jurisdiction and authority to interpret and 2 apply the provisions of the Agreement as shall be necessary to the determination of the 3 arbitration issue. The Arbitration Board shall not have any power to add or subtract from, 4 modify or alter in any way, the provision of this Agreement. The cost of arbitration shall be 5 borne equally by the CITY and UNION. 6 7 ARTICLE 17 - NO STRIKES — NO LOCKOUT 8 Upon the consummation and during the term of this Agreement, no member of the Fire 9 Department covered by this Agreement shall strike or recognize a picket line of any labor 10 organization while in the performance of his/her official duties, in accordance with Idaho Code 11 Section 44-1811. 12 It is mutually agreed that there shall be no strike authorized by the UNION and no 13 lockout authorized by the CITY, except for the refusal of either party to submit to or abide by 14 the grievance procedure set forth herein. No picket line, at or around the City's property, 15 established by any other person or organization shall be sanctioned or honored during the term 16 of this Agreement. 17 The UNION agrees that as part of the consideration for this Agreement, it will, within 18 twenty-four (24) hours take steps to end any unauthorized work stoppages, strikes, slow -downs 19 or suspensions of work, instructing their members to work immediately. The UNION agrees 20 that it will not assist employees participating in unauthorized work stoppages, strikes, slow - 21 downs or suspensions of work. For purposes of this section, the term "strike" shall include a 22 cessation or stoppage of work, slow -down, sit-in and picketing of the City's premises. 23 24 ARTICLE 18 - UNIFORM ALLOWANCE AND ISSUED EQUIPMENT 25 The CITY and the UNION believe that professionalism and pride in the City and the 26 Fire Department are a significant part of a superior fire service. Both the CITY and the UNION 27 believe that the attire of the firefighter and their conformance with professional appearance 28 helps achieve the goals of a superior organization. All uniform and work attire shall be clean 29 and appropriately pressed or maintained. It shall be within the discretion of the Fire Chief or his 30 designee to determine if an article of clothing is no longer serviceable for wear on duty. 31 All employee uniforms shall meet National Fire Protection Association (N.F.P.A.) 1975 32 minimum requirements for station uniform wear. The brand, style, materials and color of COLLECTIVE LABOR AGREEMENT — Page 17 of 27 I uniforms shall be reviewed annually by the Uniform Committee. The Committee shall be 2 comprised of two (2) UNION members and one (1) member of management designated by the 3 Fire Chief. The Committee may recommend changes, but the final decision shall be at the 4 discretion of the Fire Chief. 5 Under this article the CITY and the UNION have agreed to the specific clothing that is 6 to be purchased for Recruits and Firefighters. 7 All of the Uniform and Personal Appearance standards shall be governed by 8 APPENDIX "D". 9 10 18.1 Issued Equipment 11 The CITY agrees to provide the necessary equipment for the Twenty -Four (24) hour per 12 shift Suppression Firefighters to perform their duties. The CITY and the UNION will meet and 13 discuss what tools may be needed for each Suppression Firefighter. For the term of this 14 Agreement the equipment is listed in APPENDIX "C". Once issued the member shall be 15 responsible to maintain and keep the issued equipment. All items may be required to be 16 produced as part of an inspection. If equipment is lost or damaged, beyond use, in the course of 17 duty it may be returned, if practical, to the department for replacement. If unable to be returned 18 it can still be replaced. If lost or damaged outside of duty use then the firefighter will be 19 required to replace the item at the member's expense. 20 21 ARTICLE 19 - HOURS OF WORK AND DESIGNATED WORK PERIODS 22 19.1 Twenty Four (24) hour per shift Suppression Firefighters of the Meridian Fire 23 Department 24 The designated work period for all twenty-four (24) hour shift employees covered under 25 this Agreement shall be on a twenty-four (24) day cycle with coverage at 192 hours. Under the 26 Fair Labor Standards Act (FLSA) 182 actual hours worked will be paid at the regular hourly 27 rate and ten (10) hours paid at the overtime rate if no excluded hours under the Act have been 28 taken. Overtime shall also be paid for time worked off the Firefighter's normally scheduled 29 shift, other than a "shift trade." 30 The regular work schedule for twenty-four (24) hour shift employees shall be two 31 consecutive twenty-four (24) hour shifts on duty and ninety-six (96) hours off consecutively. 32 No suppression firefighter may work more than seventy-two (72) hours consecutively without COLLECTIVE LABOR AGREEMENT — Page 18 of 27 I specific authorization or direction by the Deputy Chief of Operations, or the Fire Chief in 2 his/her absence. A shift shall be twenty-four (24) hours of duty, starting at 0700 and ending at 3 0700. For illustrative purposes, the regular work schedule for suppression personnel is listed 4 below with an X representing an on -duty shift and an O representing and off-duty shift. 5 6 X()()()()X ()()00 7 8 19.2 Forty (40) Hour per week Firefighting Personnel of the Meridian Fire Department 9 The regular work week shall be scheduled Monday through Friday, 8:00 a.m. to 5:00 10 p.m. with a one (1) hour lunch break included. Any time worked over forty (40) hours per week 11 shall be paid at a rate of time and one-half of the employee's hourly wage to the next 1/2 hour for 12 the actual hours worked. When circumstances dictate, the Chief reserves the right to flex this 13 schedule to meet the DEPARTMENT's needs. As a courtesy, the affected employee will be 14 given one (1) week's notice of the schedule change, unless the change is unforeseen. In an 15 unforeseen circumstance the Chief has the right to change the schedule to meet the need, but 16 once the circumstance is over, the schedule will be returned to normal. These positions shall 17 have a regular defined on-call schedule and will be compensated pursuant to the CITY on-call 18 policy. 19 20 ARTICLE 20 — BEREAVEMENT LEAVE 21 In the event of a death in the twenty-four (24) hour shift employee's immediate family, 22 they shall be entitled to forty-eight (48) consecutive shift hours off for bereavement leave. 23 Additional leave may be granted from sick leave, accrued vacation leave or unpaid leave of 24 absence at the discretion of the Chief or designee. 25 In the event of a death in the forty (40) hour per week employee's immediate family, 26 they shall be entitled to three (3) consecutive workdays off for bereavement leave Additional 27 leave may be granted from sick leave, accrued vacation leave or unpaid leave of absence at the 28 discretion of the Chief or designee. 29 For purposes of this article, immediate family shall be defined as current spouse, 30 children, parents, in-laws, brother, sister, grandparents, or grandchild of the employee. In-laws 31 are defined as a father, mother, or grandparents of current spouse, or sister and brother in-law of COLLECTIVE LABOR AGREEMENT — Page 19 of 27 I the employee. Adopted or "step" relationships will be considered same as any other family 2 relationship. 3 4 ARTICLE 21— ADDITIONAL DUTY AND COMPENSATION 5 Any firefighter reporting for duty while off-duty shall have all of the benefits that he/she 6 would normally have while on his/her regular tour of duty, All additional compensation 7 accumulated by a firefighter shall be due and payable in their next pay period. 8 9 21.1 Definition of Overtime, Scheduled Overtime, and Compensation 10 Overtime pay shall be paid as defined by Article 19 of this agreement. Scheduled 11 overtime shall be when a firefighter is requested to return to work for any meetings, training, 12 shifts or any other reason deemed necessary by the department that is scheduled or planned. 13 Firefighters shall receive overtime pay at one and one-half times (1 1/2) his/her normal 14 rate of pay for all overtime or scheduled overtime worked. 15 16 21.2 Definition of Emergency Callback and Compensation 17 Emergency Callback shall be when a firefighter is requested to return to work by the 18 DEPARTMENT at a time that the firefighter was not scheduled to work to address an 19 emergency as determined by the Fire Chief. The examples of this type of Emergency Callback 20 shall be for large scale structure fires, large scale range fires, unusual natural disasters causing 21 the complete extension of the City's resources, etc. Members accepting an Emergency Callback 22 must be able to meet the response time guideline as per DEPARTMENT policy, 23 The firefighter shall receive a minimum of four (4) hours of pay, from the time they 24 receive the call, for Emergency Callback. Additional calls during that initial four (4) hours will 25 not be further compensated. Any time worked after the first four (4) hours will be compensated 26 in one-half (1/2) hour increments, rounded up. Any firefighter reporting for duty while off-duty 27 shall have all of the benefits that he/she would normally have while on his/her regular tour of 28 duty. All additional compensation accumulated by a firefighter shall be due and payable in their 29 next pay period, unless the compensation is to be paid by a separate public or private entity. If 30 the latter situation exists then the firefighter will be paid at the next pay period after the funds 31 are transferred to the City. The firefighter will be paid by the last pay period within 180 days of COLLECTIVE LABOR AGREEMENT — Page 20 of 27 I the last date of service for the public or private entity whether the City has been reimbursed at 2 that time or not. 3 Firefighters shall receive overtime pay at one and one-half times (1 1/2) his/her normal 4 rate of pay for all time worked in response to Emergency Callback. 5 6 21.3 Definition of Holdover and Compensation 7 Holdover shall be when a firefighter regularly scheduled duty is extended from the end 8 of the shift by the DEPARTMENT. 9 Any time worked as holdover will be compensated in one-half (1/2) hour increments, 10 rounded up to the next half-hour. 11 12 21.4 Definition of Overtime for Training 13 Training that is required by the DEPARTMENT is compensable. The DEPARTMENT 14 retains the right to determine which personnel may attend training. 15 16 ARTICLE 22— WORKING OUT OF CLASSIFICATION 17 All employees of the DEPARTMENT covered by this Agreement, who have tested and 18 are qualified as to meeting the eligibility requirements set forth by this Agreement, and are on 19 the current eligibility list for promotion to the higher ranked position, when necessary, must 20 accept, and assume the duties of the higher ranked position when it is available. No more than 21 one person working in a higher ranked position will be allowed on a company at a time, unless 22 an extreme or emergency situation exists. 23 After the completion of the promotional exams the employee may opt to remain on the 24 eligibility list or may choose to be removed at that time. At any time during the life of the 25 eligibility list the employee may opt, at their sole discretion, to have their name removed. In 26 either circumstance removal from the list will be final and the employee may re -test during the 27 next testing period for promotion to that grade. 28 The right to use personnel will be current full-time department personnel working out of 29 classification in a higher or lower ranked position, as set forth above. If an employee were to 30 work in a lower ranked position they would be paid at their current rate, not the lower wage. 31 Each employee assuming the higher ranked duties shall be paid at the wage scale of the higher 32 position or rank, for the time worked at that position or rank. Any time worked out of COLLECTIVE LABOR AGREEMENT — Page 21 of 27 I classification will be compensated in one-half (1/2) hour increments, rounded up to the next 2 half-hour. 3 Paramedic Engineers are allowed to swing up to Captain and receive the higher wage of 4 Captain for the temporary assignment in addition to their regular paramedic pay. 5 6 ARTICLE 23— STAFFING 7 The DEPARTMENT maintains the right to assignment and staffing of stations, engines, 8 and companies. Change in assignment may be based on the following criteria; vacancy, 9 seniority, stations available, and re -assignment, but is not limited to only these specified. The 10 method of declaring a vacancy, applicability of seniority, station bidding, and re -assignment 11 shall be determined by Department policy. The Station Bid policy shall be negotiated between 12 the UNION and the DEPARTMENT as mutually determined to be needed. The 13 DEPARTMENT retains the final authority for all staffing and shift assignments. 14 Minimum Staffing at each station will be either three (3) or four (4) personnel dependent 15 on the assigned apparatus to the station. Personnel assigned to a station may be used to cross - 16 staff various types of apparatus. Brush trucks, water tenders and reserve apparatus are not 17 required to be staffed on a daily basis. Apparatus standards shall be the following: 18 Engine Companies Brush Truck Companies 19 1 Captain 1 Captain 20 1 Engineer 1 Engineer 21 1 Firefighter 1 Firefighter 22 23 Water Tender Companies Truck Companies 24 1 Captain 1 Captain 25 1 Engineer 1 Engineer 26 2 Firefighters 27 28 Command Vehicle 29 1 Battalion Chief 30 31 Any additional firefighters on staff above the minimum as listed above will be used to increase 32 the staffing of the engines/truck or staff extra apparatus as described above unless the individual 33 has applied and been accepted as part of a mentoring program pursuant to department policy. 34 Whenever circumstances exist that causes an apparatus to fall below that minimum, 35 management reserves the right to re -assign personnel (including select qualified command 36 officers at the Fire Chief's discretion), exercise "Callback", exercise "Holdover", exercise COLLECTIVE LABOR AGREEMENT — Page 22 of 27 1 "Working out of Classification", or in extreme emergency circumstances, take an apparatus out 2 of service temporarily until appropriate personnel are available. Stations or Apparatus will only 3 be taken out of service long enough to return the necessary personnel to staff them. 4 As of the effective date of this contract, the Meridian Fire Department operates five (5) 5 stations staffed by an Engine and/or Truck Company as described as above. As future stations 6 are opened, they will be staffed by at least an Engine and/or Truck Company, using this same 7 staffing configuration described above unless mutually agreed to a change by the UNION and 8 the CITY. 9 10 Advanced Life Support (ALS) Engine or Truck Companies 11 An Advanced Life Support (ALS) Engine or Truck company shall consist of a minimum 12 of one (1) licensed paramedic in the State of Idaho. The Department's Medical Supervision 13 plan shall establish the appropriate number of EMS positions within the Department. The 14 licensed paramedic shall be the person primarily responsible on that Engine or Truck company 15 apparatus to provide ALS response. The Captain may be a paramedic, but is not charged with 16 the primary responsibility of ALS support and therefore an additional licensed paramedic must 17 be on the apparatus for it to be considered as an ALS response. 18 19 ARTICLE 24 — SALARIES 20 Wages for all UNION members shall be as fixed and set forth in APPENDIX "A", 21 attached hereto. 22 23 ARTICLE 25 — ALCOHOL cot DRUG POLICY 24 The DEPARTMENT and its UNION members agree to abide by the City of Meridian's 25 Alcohol and Drug Policy. The policy in effect at the time of the execution of this contract is 26 included in this agreement as APPENDIX "B". It is agreed that changes made to this policy, 27 shall not apply to the UNION without written consent of its members. 28 29 ARTICLE 26 — HEALTH AND WELLNESS 30 26.1 Health 31 CITY shall provide mandatory physicals, as the department budget allows. The City 32 shall maintain a budget sufficient to allow each UNION member a physical every three years. COLLECTIVE LABOR AGREEMENT — Page 23 of 27 1 Members will be placed on a rotational schedule to be determined and maintained by the 2 DEPARTMENT. 3 The physicals shall be done through a physician that both CITY and the UNION agree 4 upon. The only medical information that the CITY shall receive from the physician is a proof 5 of attendance. All other documentation and personal medical information shall be directed to 6 the member receiving the physical and no medical information shall be shared with the CITY 7 by the physician without the individual member's consent. 8 9 26.2 Fitness 10 The DEPARTMENT and the UNION shall develop a fitness program for all 11 firefighting personnel. The program shall be based on identified best practice and shall include 12 the following components: education, department standards/success factors, and Department 13 sponsored remediation if necessary. The program may be managed by a peer directed program 14 or managed through a separate vendor or both, jointly agreed upon by the DEPARTMENT and 15 the UNION, depending on the availability of funding. Participation in the program shall be 16 mandatory for all personnel that respond to emergency scenes. 17 18 ARTICLE 27 — REQUEST FOR REDUCTION IN RANK 19 Subject to the following provisions and as set forth below, any fulltime suppression, 20 inspection, or Chief Officer Employee (Employee) of the Meridian Fire Department ("MFD") 21 may request to return to a former fulltime suppression classification of a lower rank than their 22 current classification he/she previously held within MFD or their former department. 23 Additionally, if necessitated as a disciplinary measure, the Chief may demote a member of the 24 UNION to a former position using the same process as outlined in this Article. For the purposes 25 of this Article no current member may be involuntarily demoted for the purpose of providing an 26 opening for a person requesting a return to a former position held or being demoted. 27 28 27.1 Eligibility 29 A. An Employee may request to be returned to a prior fulltime suppression of a lower 30 rank than their current rank within the MFD from which he/she was promoted; 31 B. An Employee who has not previously held a fulltime suppression classification at 32 MFD may request to be moved to a lower than their current rank fulltime COLLECTIVE LABOR AGREEMENT — Page 24 of 27 1 suppression classification they held at their former department IF all of the 2 following criteria are met: 3 i. 5 years or longer with the MFD in a rank higher than the suppression 4 classification being requested. 5 ii. All MFD minimum qualifications have been met for the suppression 6 classification being requested. 7 iii. The employee making the request has completed all necessary testing and has 8 achieved a passing score for the suppression classification being requested. 9 When a Chief Officer, having special knowledge of MFD's testing process (including, 10 but not limited to, testing procedures, written and oral board questions, scenario based 11 assessments, manipulative skills etc.), the Department must hire an external panel to conduct the 12 test. 13 14 27.2 Process 15 A. A vacancy must exist or be anticipated by promotion, retirement, or separation. 16 B. Any member requesting a return to a lower rank than their current classification 17 must do so in writing to the Chief or his designee. The written request must: 18 i. List the lower rank requested. 19 ii. List the date served in the former rank. 20 iii. List the preferred date to return to the lower rank. 21 C. The Chief, after consultation with Local 4627 President, shall approve or deny the 22 request to return to a former classification in writing. 23 D. The Chief or his designee may delay the return to a lower rank until there is a 24 vacancy in the requested classification. 25 E. The Chief or his designee may not lay off or demote personnel to create a vacancy 26 for a return to a former classification. But a promotion based upon an existing 27 promotional list will satisfy the creation of a vacancy. 28 F. If two (2) or more requests are made at the same time, preference will be given to 29 any Employee(s) who previously held the requested suppression classification and 30 has greater seniority in the Department. 31 G. If the vacancy is caused by a demotion due to discipline the same process shall 32 apply. COLLECTIVE LABOR AGREEMENT — Page 25 of 27 1 27.3 Seniority 2 When an Employee returns to a former classification, the seniority accrued in the 3 position(s) held prior to the return to former classification shall be combined with the time in 4 grade that was accrued in the former classification. (Date of Hire + Time in Grade) 5 For any employee not previously hired within a suppression classification position but 6 reassigned to a suppression classification position, he/she shall be moved to the bottom of the 7 rank seniority list for the classification being assigned to but will retain years of service since 8 date of hire as a MFD employee as it pertains to department seniority. 9 10 Examples: 11 1) A Captain of Suppression with 24 months of seniority since date of hire is promoted 12 to Division Chief of Logistics for 36 months time in grade and then returns to Captain of 13 Suppression. For purposes of Captain of Suppression seniority, the member now has 60 14 months of accrued seniority; 15 2) An Engineer with 60 months of seniority since date of hire is promoted to a Captain 16 of suppression for 12 months time in grade and then returns to Engineer. For purposes 17 of Engineer seniority, the member now has 72 months of accrued seniority. 18 19 ARTICLE 28 — SAVINGS CLAUSE 20 If any provisions of this Agreement or the application of such provision should be 21 rendered or declared invalid by any court having jurisdiction, or by reason of any existing or 22 subsequently enacted legislation, the remaining parts or portions of this Agreement shall remain 23 in full force and effect. 24 25 ARTICLE 29 — EFFECTIVE DATE 26 The Collective Labor Agreement shall become effective October 1, 2014 and remain in 27 full force and effect through September 30, 2016. 28 Additionally, this agreement may be re -opened at any time for negotiations on any 29 mutually agreed upon item(s), pursuant to the procedures set forth in Chapter 18, Title 44, Idaho 30 Code. This may include items contemplated within this agreement that may require amendment 31 or change during the course of this Agreement. 32 COLLECTIVE LABOR AGREEMENT — Page 26 of 27 1 2 3 4 5 6 7 8 APPROVED AND RATIFIED by IAFF LOCAL #4627, MERIDIAN CHAPTER this day of g , 2014. LE 9 CITY OF MERIDIAN 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 T' eo«�ew APPROVED BY CITY COUNCIL this ► day of 2014. ATTEST: City Clerk COLLECTIVE LABOR AGREEMENT — Page 27 of 27 Cityof / n' �Y A EF1h DI1\N,'`" r, °nth TQC�S�, ' h APPENDIX "A" This Appendix addresses the following positions within the Meridian Fire Department: (The time periods listed below are applicable to promotions for employees hired after October 1, 2014) Recruit — Employee works 40 hour week while attending Fire Academy. Probationary Firefighter — Employee works 24 hour shift. Employee has completed the Fire Academy. Firefighter I — Employee works 24 hour shift. Employee has completed Probationary Firefighter status and promoted to Firefighter I after one (1) year of service on the anniversary of completing the Fire Academy. Firefighter II — Employee works 24 hour shift. Employee has completed two (2) years of service from the anniversary of completing the Fire Academy. Firefighter III — Employee works 24 hour shift. Employee has completed three (3) years of service from the anniversary of completing the Fire Academy. Engineer — Employee works 24 hour shift. Promotional position that requires testing. Captain of Suppression — Employee works 24 hour shift. Promotional position that requires testing. Captain Fire Inspector/Training Captain — Employee works 40 hour work week shift. Promotional position that requires testing Battalion Chief — Employee works 24 hour shift. Promotional position that requires testing. Promotions shall take effect on the next pay period following the completion of the time of service. Employees of the Meridian Fire Department as of September 30, 2014 shall be grandfathered under the previous pay system time periods as listed below: Promotions shall take effect on the next pay period following the completion of the time of service. (Intro/Probationary — 6 months from date of hire; FFI — 1 year from date of hire; FFII — 2 years from date of hire; FFIII — 3 years from date of hire) Wage Scale: The wages for the regular rate of pay for all positions except the Recruit, Captain Fire Inspector & Captain Training are based upon 2920 hours worked per year. The Recruit, Captain Fire Inspector & Captain Training wage is based upon 2080 hours worked per year. APPENDIX A The job classification and wage rates for employees covered by this Agreement shall be as follows: EFFECTIVE DATES Job Titles 10/1/2014 (2%) 10/1/2015 (2%) Recruit $16.28 hourly $16.60 hourly $47,535.26 annually $48,485.97 annually Probationary $16.93 hourly $17.27 hourly $49,435.60 annually $50,428.40 annually Firefighter I $17.58 hourly $17.94 hourly $51,347.62 annually $52,374.57 annually Firefighter II $20.64 hourly $21.06 hourly $60,282.82 annually $61,488.47 annually Firefighter III $22.77 hourly $23.22 hourly $66,477.89 annually $67,807.45 annually Engineer $24.56 hourly $25.05 hourly $71,719.87 annually $73,154.27 annually Captain of Suppression $27.35 hourly $27.89 hourly $79,850.90 annually $81,447.92 annually Captain Fire Inspector/ $38.38 hourly $39.15 hourly Captain Training $79,835.81 annually $81,432.52 annually Battalion Chief $29.27 hourly $29.85 hourly $85,468.40 annually $87,162.00 annually All Annual wage listed is based upon hours projected. Wages are paid on actual hours worked. Education or Certification Incentive Pay: All employees that have furthered their education or expertise, at their own expense, and have acquired the following degrees regardless of their major may apply for and receive an additional amount added to the firefighter's base rate. The additional hourly amount shall be: Education Associate's Degree: Bachelor's Degree: Master's Degree: $.11 cents per hour $.22 cents per hour $.33 cents per hour The educational degree shall be from an accredited institution of higher learning. The additional hourly amount shall be added the firefighter's base rate of pay. A firefighter APPENDIX A shall only be entitled to one (1) education incentive pay. Pay shall be for the highest degree obtained. Certification EMT Advanced: $.22 cents per hour MFD Field Training Officer (FTO) $.75 cents per hour Paramedic Pay: All employees that are Licensed Paramedics by the State of Idaho and are operating in a paramedic role for the City of Meridian shall receive the following amount in addition to the salaries listed above: $1.65 per hour This amount shall only be available from Recruit level up to and including Captain. The additional hourly amount shall be added to the firefighter's base rate of pay. All employees that were hired as paramedics may be required to maintain their license as a continuing job requirement until they reach the Captain position. At the time of promotion to Captain the employee shall be allowed to drop their Paramedic certification. After that choice, future opportunities to drop Paramedic certification may depend on hiring opportunities for the Department. Based upon the minimum required personnel at the paramedic level, as established by the Medical Supervision Plan, any paramedic in excess of the number established is eligible to request to drop their paramedic's certification. Anyone that is granted the ability to drop their certification may be reassigned subject to the needs of the Department. The Chief may consider seniority in granting the request. The Chief shall have the sole discretion to grant this request based upon the best needs of the Department. APPENDIX A SUBJECT: DRUG AND ALCOHOL POLICY PURPOSE: To outline the goals and objectives of the City's drug and alcohol testing program and to provide guidance to supervisors and employees concerning their responsibilities for carrying out the program. For the purpose of this policy volunteers are stated as employees. This policy applies to all regular full-time, part-time, introductory, temporary, seasonal or contract employees, volunteer firefighters, police reserve officers and all job applicants. BARGAINING UNIT EMPLOYEES (FIRE) The collective labor agreement shall govern the alcohol/drug program/policy for Fire department employees who are represented by the bargaining unit. Represented employees should refer to the labor agreement, Appendix B. SAFETY SENSITIVE POSITIONS The job functions associated with these positions directly and immediately relate to public health and safety, the protection of life, and law enforcement. Safety Sensitive positions are those that require an employee to: ® Carry firearms ® Have custodial responsibility for illegal drugs ® Perform emergency medical, lifesaving, and/or fire suppression activities ® Have supervision over children in the absence of their parents or adult guardians ® Have access to homes and/or businesses in the City ® Handle hazardous materials that if mishandled, place City employees and/or the general public at risk of serious injury ® Work in the water and wastewater systems and their operations ® Be required to maintain a Commercial Driver's License (CDL) ® Operate heavy machinery Human Resources shall maintain a list of every safety sensitive position that is covered by this policy. POLICY: In recognition of the harmful effects that the use of illegal drugs and the misuse of alcohol can have on employees in the workplace, the City of Meridian has a responsibility to provide and maintain a safe, secure, productive and efficient work environment free of the use, sale or APPENDIX B possession of alcohol and controlled substances. The City of Meridian is committed to promoting and maintaining a drug free work environment for our employees, and members of the general public. Furthermore, the City has an obligation to protect the City's property, equipment, operations and reputation. Being under the influence of alcohol or an illegal drug or improper use of a prescription drug on the job poses serious safety and health risks to the user and to all those who work with the user. The use, sale, purchase, transfer, or possession of an illegal drug in the workplace, and the use, possession, or being under the influence of alcohol in the workplace also poses unacceptable risks for safe, healthful, and efficient operations. This Drug -Free Workplace Policy is not intended to replace or supercede testing, reporting, and procedures mandated by federal and state rules, regulations or laws that relate to the maintenance of a workplace free from alcohol and illegal drugs. The City requires compliance with this policy as a condition of employment for qualified applicants or for continued employment for all City employees and volunteers. AUTHORITY & RESPONSIBILITY: The Human Resources Director shall be charged with interpreting and administering this policy. Supervisors and department heads are responsible to ensure compliance to this policy within their areas of responsibility. PROCEDURES AND RELATED INFORMATION PROHIBITED ACTIVITIES A. On -Duty 1. Employees are expected to work alcohol and drug free in order to enable safe and efficient job performance. 2. The use, sale, distribution, manufacture, purchase, transfer, storage, or possession of alcohol or illegal drugs, paraphernalia or the unauthorized use of prescription drugs or any combination thereof, while on City premises, in City vehicles, while operating City equipment, at a job site during work hours or in the scope and course of City employment is strictly prohibited. Any violation of this policy is grounds for disciplinary action, up to and including termination. 3. Employees who report to work and are suspected of being under the influence of alcohol or drugs will not be allowed to drive themselves home or elsewhere. Refusal to comply with this rule may result in immediate termination. APPENDIX B 4. Department Heads will have authority to determine if the possession of alcohol, drugs or paraphernalia is within acceptable circumstances or guidelines. B. Off -Duty 1. The off-duty conduct of any employee which results in a criminal conviction for the possession, use, sale, manufacture or distribution of illegal drugs will be subject to discipline up to and including termination. 2. Employees who are acquitted will be returned to work with back pay, if applicable. 3. Any employee convicted of violating a criminal drug statute on or away from the workplace must inform the City of such conviction (including pleas of guilty and nolo contendere) within five days of the conviction. Notification must be made to the employee's supervisor or the Human Resources Director. Failure to inform the City subjects the employee to disciplinary action up to and including termination. 11. MEDICATION PRESCRIBED BY PHYSICIAN A. The use of drugs/medicine prescribed by a licensed medical practitioner will be permitted provided that it will not and in fact does not affect work performance, nor will it impair the employee's ability to safely operate equipment or machinery. The City reserves the right to have a licensed medical practitioner who is familiar with the employee's medical history and assigned duties determine if use of the prescription drug will produce effects which will increase the risk of injury to the employee or others while working. If such a finding is made, the City may limit or suspend the work activity of the employee during the period that the medical practitioner advises that the employee's ability to perform his or her job safely may be adversely affected by such medication. Any employee who has been informed by his/her physician that the prescription drug could cause adverse side effects while working must inform his/her supervisor prior to using the medication on the job. B. Employees must not consume prescribed drugs more often than as prescribed by the employee's physician and they must not allow any other person to consume the prescribed drug. III. DISCIPLINE A. Any employee who possesses, distributes, sells, attempts to sell, or transfers illegal drugs on the City of Meridian's premises or while on City business will be subject to discipline up to and including termination. APPENDIX B B. Any employee who is found to be in possession of or under the influence of alcohol in violation of this policy will be subject to discipline up to and including termination. C. Any employee who is found to be in possession of drug paraphernalia in violation of this policy will be subject to discipline up to and including termination. D. Any employee who is found through alcohol or drug testing to have in his or her body system a detectable amount of alcohol or an illegal drug as defined by this policy will be subject to discipline up to and including termination. Employees voluntarily participating in an alcohol/drug rehabilitation program recommended by the EAP will not be subject to discipline for participation in the program. If the employee is required to participate in an alcohol and/or drug program the Employee Assistance Program will notify Human Resources when an employee has completed the rehabilitation program. Prior to returning back to work an employee must have a negative test result and after an employee returns to work, he/she will be subject to unannounced drug and alcohol testing for a period of six (6) months. A single positive test result or failure to successfully complete the recommended rehabilitation program will be grounds for disciplinary action up to and including termination. E. Any employee who refuses to submit to an alcohol or drug test under the terms of this policy will be subject to discipline up to and including termination. F. Employees who are required to participate in the City's Employee Assistance Program (EAP) will be subject to termination for the following policy violations: 1. Failure to contact the EAP within five (5) working days after notification of a positive test result. 2. Refusal or unexcused failure to participate in counseling or the EAP program. 3. Abandonment of a treatment program prior to completion and being released. IV. EMPLOYEE ASSISTANCE PROGRAM & SELF REFERRAL A. The City recognizes that alcohol and chemical dependency are highly complex problems that can be successfully treated. Any employee needing help in dealing with these problems is encouraged to use the City's Employee Assistance Program (EAP) and the benefits available through the City's medical plan. The Human Resources Department has brochures and cards on the EAP program. APPENDIX B B. Self- Referral 1. Rehabilitation assistance in lieu of discharge may be offered: 2. Any employee, who identifies him/herself to have an alcohol or drug problem, provided that the request is made prior to violation of the City's alcohol and drug policy. Employees who self refer to the Employee Assistance Program (EAP) will not be subject to disciplinary action for voluntarily requesting help due to alcohol & drug problems. A request for rehabilitation may not be made in order to avoid the consequences of a positive alcohol or drug test result or to avoid taking an alcohol or drug test when requested to do so under the terms of this policy. 3. To an employee who obtains counseling, evaluation and rehabilitation treatment recommended through the City's Employee Assistance Program (EAP). 4. An employee who is in rehabilitation or who has completed rehabilitation will be allowed to return to work upon presentation of a written release signed by a licensed physician or recognized rehabilitation professional. An employee returning to work after treatment may return to work after taking and passing an alcohol and/or drug test. Employees who undergo a counseling or rehabilitation program will be subject to unannounced testing following completion of such a program for a period of six (6) months. 5. Employees who are referred to outpatient and/or in-patient alcohol or drug rehabilitation will be expected to do so at their own expense, (with the exception of those expenses covered by the City's health insurance program) on their own time or during a leave of absence, covered under the Family Medical Leave Act (FMLA) or during a non -paid leave of absence approved by the City. 6. Affected employees shall, whenever possible, schedule outpatient rehabilitation treatment during times that will not conflict with the employee's work schedule, provided however, employees will be allowed to use vacation or sick leave, or unpaid leave, if outpatient rehabilitation treatment cannot be scheduled other than during their regular work schedule. C. Involuntary Referral When an employee tests positive for alcohol or drug use (or is identified as being under the influence of alcohol or drugs at work) as identified in the City's Alcohol and Drug policy the employee will be sent to the City's EAP program for assessment, and treatment planning. V. EDUCATION APPENDIX B A. Supervisors and other management personnel will be trained in: 1. Overall City policy; 2. Detecting the signs and behavior of employees who may be using alcohol or drugs in violation of this policy; 3. Recognizing and intervening in situations that may involve violations of this policy; 4. EAP intervention, procedures and supervisor's role; 5. Documentation of employee performance and behavior. B. Employees will be trained and informed of: The health and safety dangers associated with alcohol and drug use; 2. The provisions of this policy through employee meetings and employee orientation. VI. TESTING PROCEDURES A. PRE-EMPLOYMENT TESTING 1. All applicants given a conditional offer of employment will be required to submit to testing for the presence of alcohol and illegal drugs. The offer of employment is contingent upon a negative alcohol and drug test result. A conditional offer of employment will be rescinded for any applicant who tests positive for the presence of alcohol and/or illegal drugs. 2. An applicant will be notified of the City of Meridian's alcohol and drug testing policy prior to being tested; will be informed in writing of his or her right to refuse to undergo such testing; and will be informed that the consequence of refusal is termination of the pre-employment process. 3. An applicant will be provided written notice of this policy, and by signature will be required to acknowledge receipt and understanding of the policy. B. REASONABLE BELIEF TESTING An employee will be tested for alcohol and illegal drugs, or the abuse of prescription medication, when the employee manifests "reasonable belief' behavior that would endanger their well being, as well as the safety of fellow employees or the general public. The basis of suspicion of alcohol or drug abuse may be a specific, contemporaneous event, or conduct -evidencing impairment observed over a period of time. APPENDIX B 2. An employee who is tested in a "reasonable belief' situation will be put on administrative leave with pay pending receipt of written tests results and whatever inquiries may be required. C. POST- ACCIDENT TESTING Any employee involved in a work-related accident will be tested for the use of alcohol and illegal drugs, as soon as possible after the accident, preferably within four (4) hours. Examples of conditions that will require an employee to take an alcohol and drug test include, but are not limited to, accidents, that result in: a. A fatality, personal injury, or injury to another person requiring transport for medical treatment away from the site of the accident; b. Damage to equipment or property owned by the City, or by a third party, that is estimated to exceed $500. c. Damage to a City vehicle that is estimated to exceed $2000. 2. An employee who is seriously injured and cannot provide a specimen for testing will be required to authorize the release of relevant hospital reports, or other documentation, that would indicate whether there were alcohol or drugs in his/her system at the time of the accident. Any employee required to be tested under this section must remain readily available for such testing and the employee may not consume any alcohol or illegal drugs. 3. If it is determined by management that an employee's accident was caused by the actions of another, and that there were no unsafe acts on the part of the employee, the City reserves the right to waive post -accident testing of the employee. Employees who are involved in a work-related accident requiring medical treatment are to immediately inform their supervisor of the accident, so that any needed alcohol or drug testing may be promptly conducted in' conjunction with their medical treatment. D. RANDOM TESTING 1. Department Heads and employees in sensitive positions will be subject to random alcohol and drug testing. For purpose of this policy, a sensitive position will be defined as a position in which the duties that are performed as a regular part of the job could reasonably expect to affect health, safety and security of other City employees or the general public. 2. Sensitive positions are those that require an employee to: a. Carry firearms; b. Have custodial responsibility for illegal drugs; APPENDIX B c. Perform emergency medical, lifesaving, and/or fire suppression activities. d. Have supervision over children in the absence of their parents or adult guardians; e. Have access to homes and/or businesses in the City; f. Handle hazardous materials that if mishandled, place City employees and/or the general public at risk of serious injury. 3. The job functions associated with these positions directly and immediately relate to public health and safety, the protection of life, and law enforcement. 4. Random tests will be unannounced and occur throughout the calendar year. Random selections will be made by a scientifically valid method that will result in each employee having an equal chance of being tested each time selections are made. The Human Resources Director will notify the individual's supervisor and the individual selected for random testing on the same day the test is scheduled. The supervisor will be notified within two hours of the scheduled testing and the employee will be notified immediately preceding the scheduled testing. Upon notification, the employee shall proceed immediately to the testing site and at the City's discretion; employees may be transported or escorted to the testing site. 5. The annual number of random tests will be no more than fifteen percent (15%) of the average number of employees subject to random testing for alcohol and illegal drugs. 6. In implementing the program of random testing the City shall evaluate periodically whether the numbers of employees tested and the frequency with which those tests will be administered satisfies the City goal of achieving a drug-free work force. E. VOLUNTARY RANDOM TESTING As part of the City's alcohol and drug free workplace program, employees not in designated sensitive positions may volunteer for random testing. Employees who are interested in participating in this program should contact Human Resources to obtain a volunteer random consent form. Participation in this program is not a condition of continued employment with the City and volunteers will be subject to all provisions, conditions and procedures of the random testing policy. F. CDL TESTING In compliance with the Department of Transportation (DOT) ruling 49 CFR parts 40 and 382, pre-employment, random, reasonable belief and post accident drug and alcohol testing shall be required for employees in positions that require a Commercial Drivers License. APPENDIX B VII. DRUG /ALCOHOL SPECIMEN COLLECTION/TESTING PROCEDURES 0 LOU C. APPENDIX B Specimen Collection Procedure 1. When a prospective or present employee is notified that he/she is to submit to alcohol and drug testing he/she will be given instructions regarding where and when to report for tests, or at the City's discretion an employee may be transported or escorted to the place of collection. A collection specialist who has been trained in collection procedures will conduct all specimen collections. Testing will be done in accordance with approved collection procedures. 2. All specimens will be tested for the presence of alcohol and illegal drugs. All specimens tested for illegal drugs will be done by urine analysis. Alcohol testing will be done by a Breath Alcohol Technician (BAT) employed by the collection facility that is trained in operation of an evidential breath -testing device (EBT). If an individual is unable to take a breath -test due to a medical condition then a blood test will be administered. Adulteration Or Submission Of Concealed Specimen 1. If during the collection procedure, the collection monitor detects an effort by the prospective employee or an employee to adulterate or substitute a specimen, a second specimen will be requested. If a second specimen is provided, both will be tested. If the second specimen is refused, the collection monitor will inform the Human Resources Director or his/her designee that the donor refused to submit a true specimen. Such substantiated conduct will be considered equivalent to testing positive and the prospective employee will not be offered employment or a present employee will be terminated from further employment with the City. 2. In the event that a prospective or current employee submits a specimen that the laboratory later identifies as a diluted specimen, the City will advise the prospective or current employee of that finding and request that he/she submit a second specimen. Such donors will be advised by the City not to drink any fluids prior to the test. Testing and Confirmation 1. The cut-off levels for all Non -Dot testing is as follows: Drug Class Screening Confirmation Amphetamine Family 1000 ng/ml 500 ng/ml Cocaine 300 ng/ml 150 ng/ml Phencyclidine (PCP) 25 ng/ml 25 ng/ml Marijuana 50 ng/ml 15 ng/ml Opiates 2000 ng/ml 26 ng/ml 2. The cut-off for alcohol concentration will be on two levels. Any employee who tests above a level of 0.02 BAC and up to 0.039 BAC may be subject to discipline, and will not be allowed to work for at least 24 hours and must have a negative test result before returning to work. Any employee who tests at or above 0.04 BAC is considered to have tested positive and is considered to be under the influence of alcohol. Positive alcohol tests resulting from the breath test will include a confirmatory breath test conducted no later than fifteen (15) minutes after the initial test; or the use of any other confirmatory test can be used that demonstrates a higher degree of reliability. 3. Any specimen that screens positive for the presence of illegal drugs will be confirmed by the Gas Chromatography/Mass Spectrometry (GC/MS) confirmation method. Any employee who tests positive for illegal drugs or prescription medication may request to obtain an independent test using the remaining portion of the urine specimen that yielded the positive result. The retest is at the applicants or employees own expense (unless those expenses are covered by the City insurance program). This request must be conveyed to the MRO within 48 hours of the employee being notified of the positive test result. 4. During the time the second test is being conducted, the pre- employment selection process for an applicant will be placed on hold. An employee already working for the City will not be allowed to work. If the retest reverses the positive result, the City shall reimburse the cost of the retest and any lost of compensation and benefits that is incurred as a result of the initial positive test results. The City will have no liability to any employee for errors or inaccurate test results. VIII. TEST RESULT NOTIFICATION A. All results received from the laboratory will be forwarded to the office of the accredited collection agency for the purpose of their providing medical review officer services. When a test shows a positive test result the employee or applicant will be contacted by the Medical Review Officer (MRO) and will be given the opportunity to provide an explanation for the positive result. The MRO may choose to conduct employee medical interviews, review employee medical history, or review any other relevant biomedical factors. After the employee has been provided an opportunity to consult with the Medical review officer and the MRO determines that the test is positive the City will be notified. The collection agency will only report results to the Human Resource Director or his/her designee. B. Any employee who is taking a prescription drug that may have been the cause of a positive test result will be asked to provide the name of the APPENDIX B medication and the identity of the prescribing physician for verification. If the MRO determines that the positive test result was due to authorized use of prescription medication, he/she will immediately report a negative finding to the Human Resource Director or his/her designee and no further action will be taken. However, if an employee cannot provide a reasonable explanation for his/her positive test result, and the Medical Review Officer (MRO) finds no reason to doubt the validity of the positive test, the Human Resources Director or his/her designee will be notified of the positive test result and disciplinary action will be taken consistent with the terms of this policy. IX. REFUSAL Any employee who refuses to be tested, or fails to provide a specimen or information as directed under the terms of this policy, will be subject to discipline up to and including termination. X. EFFECT OF TESTING POSITIVE A. Any prospective employee who tests positive for alcohol or illegal drugs will not be offered employment. Any introductory, temporary or seasonal employee who tests positive for illegal drugs or alcohol will be terminated. B. Any classified employee (as defined under the City of Meridian's employment classifications) that tests positive for alcohol or illegal drugs, will be subject to disciplinary action consistent with the terms of this policy. (Refer to the disciplinary section of this policy). XI. CONFIDENTIALITY All information relating to drug or alcohol testing or the identification of persons as users of alcohol and drugs will be protected by the City as confidential and given out on a need to know basis, unless otherwise required by law, over-riding public health and safety concerns, or authorized in writing by the person in question. XII. CONCLUSION The terms of this alcohol/drug free workplace policy are intended to achieve a work environment where employees are free from the effects of alcohol and/or drugs. Employees should be aware that the provisions of this policy may be revised when necessary. The City anticipates that by implementing an alcohol and drug free workplace policy, its employees will enjoy the benefits of working in a safer, more secure, and more productive work environment. The City also anticipates that the provisions of this policy will help maintain and promote the health, welfare and safety of the general public. APPENDIX B BARGAINING UNIT EMPLOYEES (FIRE) The collective labor agreement shall govern the alcohol/drug program/policy for the Fire department employees who are represented by the bargaining unit. Represented employees should refer to the labor agreement, Appendix B. XIII. DEFINITIONS A. Alcohol: means any beverage that contains ethyl alcohol (ethanol), including but not limited to beer, wine and distilled spirits. B. Applicant: Any individual tentatively selected for employment with the City. C. City premises or City facilities: for the purpose of this policy means all property of the City of Meridian including, but not limited to, the offices, facilities, land, and surrounding areas on the City's owned or leased property, parking lots, and storage areas. The term also includes the City's owned or leased vehicles and equipment wherever located. D. Drug Paraphernalia: Drug related paraphernalia is any unauthorized material or equipment or item used or designed for use in testing, packaging, storing, injecting, ingesting, inhaling, or otherwise introducing into the human body an unauthorized substance. E. Drug testing: means a urinalysis taken for the purpose of determining whether drugs are in the person's system or any other testing the City deems appropriate and reliable. F. Employee Assistance Program (EAP): A contract -based counseling program that offers assessment, short-term counseling, and referral services to employees for a wide range of alcohol, drug, and mental health problems and monitors the progress of employees while in treatment. G. Illegal drug_ means any drug as defined by section 802 (6) of Title 21 of the United States Code which is not legally obtainable under chapter 13 of that title. Examples of illegal drugs are cannabis substances, such as marijuana and hashish, cocaine, opiates, phencyclidine (PCP), and so- called designer drugs and look-alike drugs or use of a legal drug not prescribed to the employee. H. Legal means any prescribed drug or over-the-counter drug that has been legally obtained and is being used for the purpose for which prescribed or manufactured. I. Medical Review Officer: An independent licensed physician who has knowledge of substance abuse disorders and the appropriate medical APPENDIX B training to interpret and evaluated all positive test results together with an individual's medical history and any other biomedical information. J. Reasonable belief: means a belief based on objective facts sufficient to lead a prudent person to conclude that a particular employee is unable to satisfactorily perform his or her job duties due to suspected drug or alcohol impairment. K. Under the influence: means a condition in which a person is affected by a drug or by alcohol in a detectable manner. A determination of being under the influence can be established by a scientifically valid test, such as a breath test or urinalysis. APPENDIX B APPENDIX "C" Issued Firefighting Equipment Flashlight Streamlight Survivor LED AC Fast Charge Wire/Cable cutters Klein Tools 63050 Plier Shear Cutters, Mechanical Cutter TFT: Res -Q -Renck Folding Spanner Multi Tool Available Firefighting Equipment Ear Plugs Eye Protection Goggles/Goggle covers Safety Glasses clear or tinted Hand Protection Work Gloves APPENDIX C APPENDIX "D" Original Date: 5/1/2011 Last Modification Date: 9/25/2014 Fire Chief Local 4627 President, Erik Smith Policy Title: Uniform/Personal Appearance The members of the Meridian Fire Department take pride in presenting a professional appearance to the public we serve. We recognize that the Department provides us with serviceable uniforms that are in compliance with recognized standards and best practice. This policy is meant to ensure that we, the members of the Meridian Fire Department, maintain a uniform and professional appearance at all times. It is the responsibility of ALL members to report for duty in a clean and professional manner as outlined in this policy. Company Officers are responsible to ensure that all crew members' uniforms are clean, serviceable, ensure uniformity, and abide by this policy. Company Officers will be responsible for determining the uniform of the day. It is the Department's responsibility to ensure members are provided uniforms that are serviceable, meet the intentions of recognized standards and/or best practice, and abide by any provisions found within the current Collective Labor Agreement with Local 4627. Procedure• Once an employee has all required clothing as defined in Table 1 below, clothing will be replaced on an as needed basis using the "Clothing Voucher" Form AP205 and following the replacement guidelines listed in the supporting documents section of this policy. Forms will be filled out by the member making the request, and verified by his/her Battalion Chief. The form will then be forwarded to the Administration for processing. Clothing item (used) being replaced will be turned into the department for proper disposal. 2. For purposes of Compensated Training or Department Meetings, members shall wear Class B uniforms. If training includes a physical component, members may change into a Class D uniform. 3. When attending out of state conferences/seminars, members shall dress in a manner that represents a professional appearance and is in accordance with the National Fire Academy Dress Code. The following items are considered acceptable: Collared shirts, slacks (males/females), dresses/skirts (females), closed toe shoes (males/females). The following items are considered not acceptable: shorts, tank tops, flip-flops, miniskirts, jeans, t -shirts. APPENDIX D 4 4. When assigned to special duties, the Deputy Chief of Operations reserves the right to set the uniform requirement for that assignment. 5. Only department issued clothing may be worn while on -duty. Department issued clothing shall not be worn off-duty, unless specifically approved. 6. All on -duty employees shall be in a Meridian Fire Department approved uniform by the start of their shift. 7. Turn -out clothing is not to be worn in the stations or in public places (i.e., grocery store, City Hall, general stores, etc.) 8. During the hours of 09:00 to 17:00, a Class B uniform shirt shall be worn over a Class D shirt when: • A scheduled inspection or scheduled public education event is performed. • Any occasion in which the employee or company will be interacting with the public and/or elected officials in a non -response manner (City Hall, grocery store, etc.). • Any meeting in which the employee or company will be representing the Fire Department. • A Class D shirt may be worn at any time outside of the items above, including emergency and non -emergency responses. Grooming Standard 1. Hygiene and Personal Appearance is each member's responsibility. Failure to maintain this responsibility is a violation of this policy. 2. All members will be clean-shaven; there will be no beards of any type allowed. Fire personnel who, because of illness or injury are unable to shave facial hair, may not be assigned to a line position in Operations. Mustaches are permitted for wear provided they do not interfere with forming a seal around the S.C.B.A. facemask; this will be determined during the annual fit testing. The Fire Chief or his/her designee shall have the authority to have a member fit tested if the growth of a mustache provides reasonable concern for the safety of the individual. Sideburns will be trimmed and well groomed. They will be straight and of even width ending in a clean-shaven horizontal line. Sideburns will not extend below the lobe of the ear. 3. Firefighters will ensure their hair is neatly groomed, that the length and bulk of the hair are not excessive, and that the hair does not present a ragged, unkempt, or extreme appearance. Likewise, trendy styles that result in shaved portions of the scalp (other than the neckline) or designs cut into the hair are prohibited. Firefighters may wear braids as long as the braided style is conservative, the braids lie snug to the head, and any holding devices comply with the standards. Hair shall be contoured to the general shape of the head and not extend past the bottom edge of the shirt collar, measured while standing at attention. Hair that is longer will be pinned up or secured at all times while on duty, utilizing hairpins, barrettes or elastics of a neutral color. The hair shall not interfere with the proper wearing of uniform hats or protective equipment, or in any way create a safety hazard. Hair must never be of such a bulk or length that it will jeopardize the personal safety of a firefighter in the performance of their duty at an emergency scene. Extensions, weaves, wigs, and hairpieces are authorized only if these additions have the same general appearance as the individual's natural hair. Additionally, any wigs, extensions, hairpieces, or weaves must comply with grooming policies, and must consist completely of natural fiber, with no man-made or synthetic fibers allowed. APPENDIX D i If firefighters use dyes, tints, or bleaches, they must choose those that result in natural hair colors. Colors that detract from a professional appearance are prohibited. Firefighters should avoid using colors that result in an extreme appearance. Applied hair colors that are prohibited include, but are not limited to purple, blue, pink, green, orange, bright red, and fluorescent or neon colors. It is the responsibility of leaders to use good judgment in determining if applied colors are acceptable, based upon the overall effect on the firefighter's appearance. When in Class "A" uniform, the hair will not extend below the bottom edge of the front of the headgear, when worn, or below the bottom edge of the collar. Tattoos/Piercings/Jewelry 1. The display of ANY unprofessional or offensive jewelry (nudity or violence, sexually explicit or vulgar art, words, phrases; profane language, symbols to incite negative reactions, initials or acronyms that represent criminal or oppressive organizations) is prohibited. The wearing of jewelry will be limited to wedding bands, watches, necklaces, and conservative "stud" earrings. 2. Under no circumstances will necklaces be permitted to extend out of the clothing. 3. While on duty members may wear up to two stud earring per ear not to exceed 2 mm. Piercing of visible body parts other than those written in this policy is prohibited. 4. It is highly recommended that wedding bands not be worn due to significant probability of bodily injury. However, the decision to wear a wedding band shall be left up to the individual member. 5. While on duty, tattoos will only be displayed on the arms and legs while in uniform. No other visible tattoos are authorized. The display of ANY unprofessional or offensive tattoo or brand (nudity or violence, sexually explicit or vulgar art, words, phrases; profane language, symbols to incite negative reactions, initials or acronyms that represent criminal or oppressive organizations) regardless of its location, while members are in uniform, is prohibited. Final determination regarding the appropriateness of tattoos will be determined by the Fire Chief in conjunction with the President of Local 4627. If visible tattoos are determined to be inappropriate, the employee will responsible for covering such tattoos in a reasonable manner. Class A uniform Formal presentations such as promotional ceremonies, funerals, retirement ceremonies, etc. For proper Class A wearing of attire and actions performed, see "Class A Code of Conduct" near the end of this policy. ® Lighthouse Class A Uniform (Rank specific as described at fireuniform.com under "Department Specs" for Meridian Fire Department) ® For proper placement of Meritorious Service Awards, refer to Policy AP525. Class B uniform Shirts: Workrite — Navy Blue Nomex - Short Sleeve or Long Sleeve ® Meridian Fire Department patch on left sleeve 1 inch from shoulder seam AND a reverse American Flag patch on the right sleeve 1 inch from shoulder seam ® Class D T-shirt may be worn as an undershirt, however shall not replace the wearing of a Class B shirt. APPENDIX D i ® Pants: Workrite- Navy Blue Nomex - Models: ® #400 Regular Cut ■ #402 Full Cut ■ #401 Women's Cut Class D uniform ® Shirt- Navy Blue -T-Shirt (100% cotton) short or long sleeve without pocket. ® The Rank on the Class D uniform will be identified by the following: 1. Captain 2. Engineer 3. Engineer/Paramedic 4. Firefighter 5. Firefighter/Paramedic 6. Battalion Chief 7. Deputy Chief 8. Fire Chief ® Pants- Workrite- Navy Blue Nomex - Models: ■ #400 Regular Cut ■ #402 Full Cut ■ #401 Women's Cut Standard department logo for Class D and workout apparel shall consist of the IAFF logo on the left chest; the employee's rank on the right chest; the back shall consist of "Meridian Fire Department" in the approved font. Workout Apparel ® Shirt- Navy Blue -T-Shirt (100% cotton) short or long sleeve without pocket. ® Short- Navy Blue (100% cotton) ® Sweat pants- Navy Blue (100% cotton) APPENDIX D Miscellaneous Clothing Items • Job Shirt- Navy Blue 1/4 Zip Sweatshirt: Blauer- #4630X • Jacket- Blauer- #9845Z • Hats- • Navy Baseball Style (Flex -fit) • Navy Winter Stocking Cap • Belts- Black Leather Basket weave (Velcro closure) • Duty Boots- From current approved list located on the City Fire Department Intranet page: http:Hintranet/uploadedFlles%Departments/Fire/Boot%20List.pdf "Members are responsible to determine which pair of boots on the approved list will be best suited. It is the member's sole responsibility to ensure correct sizing when ordering. Any cost above the pricing for the department standard issued boot will be the sole responsibility of the employee. In the event the employee purchases a boot from an approved vendor that exceeds the amount paid for the standard issue boot ($325), the employee shall be responsible for refunding the City for the exact amount of the overage within 10 days from the time of purchase. Rules for Clothing Exchange- All Personnel Clothing Exchange Request/Authorization forms and damaged clothing will be collected by the Battalion Chiefs the 3rd week of the month and filled and returned by the 4"i week. (some items may require a wait period for alterations or printing). Battalion Chiefs will collect the authorization form and the clothing item to be exchanged. Authorization Form can be found on the Intranet. Clothing history for the last two years will be examined before final approval. All clothing requests must be accompanied by a signed authorization form. All alterations that the Department pays for will be handled by the Administration Office. Any and all questions from crews will be directed to the Battalion Chiefs. Details for each clothing item return are outlined below. • Class A — Requires item to be returned. Items that need to be replaced must be turned in. Upgrades will be ordered for you if and when you promote. • Winter Coats- Requires item to be returned. If your coat gets damaged, we may send it in for repair, or if needed, a replacement coat will be ordered. A loaner coat maybe given until you receive the new one. The Department will not pay to replace lost Winter Coats • Job Sweatshirts — Requires item to be returned. Battalion Chief discretion as to whether the job shirt needs to be replaced for fading, damage etc. We will have these in stock but the employee will have to wait until the name/rank can be printed on the job shirt. (this may take up to 30 days). The Department will not pay to replace lost Job Sweatshirts. • Class B shirts — Requires item to be returned. Suppression personnel can only return WorkRite shirts for replacement. • Pants — Requires item to be returned. Suppression personnel must turn in WorkRite pants in order to be issued a replacement. Only WorkRite pants will be accepted for exchange. Battalion Chief discretion for exchange. All pants come un -hemmed. Please note your inseam measurement on the form and your pants will be taken in to be hemmed before being issued. This could take up to 30 days. • Belts — Will be replaced if worn, they will be in stock. Battalion Chief will collect old/damaged belt when issuing the new one. • T-shirts — Requires item to be returned. Battalion Chief Discretion as to whether the t -shirt needs to be exchanged for damage, fading, etc. We will only accept Union T-shirts with the current printing on the back for exchange. If you promote, new t -shirts will be ordered for you. • Sweatpants & Shorts - Requires item to be returned. Battalion Chief discretion for exchange. Items will be collected and disposed of by Battalion Chief when issuing the new item. APPENDIX D Hats - Requires item to be returned. Battalion Chief discretion for exchange. Hat's will be collected and disposed of by Battalion Chief when issuing the new hat. Boots — Requires item to be returned. Battalion Chief discretion if boots need to be replaced or rebuilt. Department will pay to have boots rebuilt and will pay for zippers. $325 total max cost on new station boots. Employee is responsible for any amounts over $325 and must be paid at time of purchase or turn in check for overage made payable to the City of Meridian with your receipt for the boots. Please obtain the authorized boot list from the intranet before purchasing. (Only Station Boots are handled through the clothing store. See Battalion Chief Welborn for Wild/and boots.) Shoes- Requires item to be returned. Badges, collar brass and name plates — Requires item to be returned. These will be replaced upon returning the damaged item. Turn in to Battalion Chief with authorization form. Alterations What the Department will pay for: ® Adding stripes/braids to Class A Uniforms ® Adding or changing out Maltese Service stars on Class A Uniforms ® Hemming of Nomex work pants ® Reapplying patches and flags (all items come with flags and patches already applied) ® Sewing on buttons What the Department will not pay for: ® Alterations to adjust sizing due to weight gain/loss on any Department issued clothing (except for Class A Uniforms) ® Alterations for a desired fit Class A Code of Conduct 1. Proper uniform headgear will be worn anytime a member is wearing their Class A uniform outdoors. Upon entering a building the member's cover (hat) will be removed. When in Class "A" uniform, the hair will not extend below the bottom edge of the front of the headgear, when worn, or below the bottom edge of the collar. When in uniform and wearing a cover (i.e.: Class A's outdoors), the member will come to the position of attention and salute on the following occasions: * When the flag is passing in a parade, a review, or on a casket * During the ceremony of hoisting or lowering, * When the National Anthem is played, * During the Pledge of Allegiance. 3. Proper etiquette is as follows when wearing a cover: Parade/ceremony: Stand at attention when flag is in sight. When the Colors (flag) pass by, salute when it is six steps away and hold the Salute until it has passed six steps beyond. Funeral: Salute when the hearse or caisson passes, the casket is being moved, during the firing volley, when "Taps" is performed and when the casket lowers into the grave. Saluting is required unless you are a pallbearer. Hoisting/Lowering: The salute is initiated at the start of lowering and held until the flag is unsnapped from the halyard or through the last note of music, whichever is the longest. Nat'l Anthem: Individuals in uniform should face the music, or flag if one is present. Then they should stand at attention and give the military salute at the first note of the anthem and maintain that position until the last note. APPENDIX D Pledge: Face the Flag, stand at attention, salute and begin reciting maintaining that position until completed. 4. When in uniform and NOT wearing a cover (i.e.: indoors or Class B/C's) the member will come to attention (as per the above listed etiquette) but NOT salute. 5. How to: Come to Attention: To assume this position, bring the heels together sharply on line by moving the heel of the left foot to the heel of the right foot. The toes should be pointing out equally, forming an angle of 45 degrees. Rest the weight of the body evenly on the heels and balls of both feet. Keep the legs straight without locking the knees. Hold the body erect with the hips level, chest lifted and arched, and the shoulders square. Keep the head erect and face straight to the front with the chin drawn in so that alignment of the head and neck is vertical. Let the arms hang straight without stiffness. Curl the fingers so that the tips of the thumbs are alongside and touching the first joint of the forefingers. Keep the thumbs straight along the seams of the trouser leg with the first joint of the fingers touching the trousers. Definitions: 1. "On Duty"- Any time a member is being compensated for service, a member is considered on -duty. Examples may include shift work, training, conferences, seminars, etc. 2. "Off Dut '- Any time a member is not working within any capacity for the Department. APPENDIX D b. Salute: To salute, raise your right hand smartly until the tip of your forefinger (index finger) touches the brim of your cover, above and slightly to the right of your right eye. Keep your thumb and fingers extended and joined, palm to the left, with your hand and wrist straight. Hold your upper arm horizontal, and your forearm inclined at an angle of 450. At the same time turn your head and eyes toward the person or flag you are saluting. Hold the salute until returned by the person, saluted, and then drop your hand smartly to your side (without smacking your side). CL ***Remain silent, unless reciting the Pledge, and do not move unless otherwise CL directed. *** Other Uniform Accoutrements Badge Mourning Band 1. Wear a mourning band at the line -of -duty funeral of any firefighter, or member of the United States armed forces, who died in the performance of duty. 2. Wear a mourning band at the non -line -of -duty funeral of any active or retired firefighter. 3. Wear a mourning band on Sept 11th -National Patriot Day, each year in remembrance of our fallen brothers. 4. Wear a mourning band at any line -of -duty memorials, such as wall or plaque dedications. 0 5. When directed by the Chief. White Gloves: To be worn when member is part of the ceremony (funeral, parade, etc) or as directed by the Chief. Definitions: 1. "On Duty"- Any time a member is being compensated for service, a member is considered on -duty. Examples may include shift work, training, conferences, seminars, etc. 2. "Off Dut '- Any time a member is not working within any capacity for the Department. APPENDIX D gat 1. Class A Code of Conduct (see above) 2. Poiicy AP525- Meritorious Service Awards 3. Form AP205 — Authorization Form Forms/Supporting Documents: Issued/required clothing for department suppression personnel. e NOTE: Leather helmets are eligible to be ordered, directly through the Fire Chief via email request, after 5 years of service. If the member has received a leather helmet and subsequently promotes to Captain or Chief Officer, the Department will order a 2nd leather helmet at the member's request, provided the member reimburses the City for the difference in cost as compared to the standard issued helmet. Clothing Items for Suppression Personnel Number Required the public we serve. We recognize that the Department provides us with serviceable uniforms that are 1. Class B Shirt- Short/Long Sleeve Maximum of 5 in any combination 2. Class D T -Shirt Short/Long sleeve 8 any combination 3. Class B/D Nomex Pants 4 4. Belt 1 5. Station/Duty Boots 1 6. Class B Collar Brass- set 2 7. Class A Collar Brass- set 1 8. Badge for Class A and Class B 2 9. Class A uniform 1 10, Ball Cap 2 11. Winter Stocking Cap 2 12. Workout shorts 3 13. Workout sweats 1 14. Job Shirt 2 15. Winter Jacket 1 16. Name Plates 2 17. Leather Helmet ®1 after minimum 5 years of service one time The members of the Meridian Fire Department take pride in presenting a professional appearance to the public we serve. We recognize that the Department provides us with serviceable uniforms that are in compliance with recognized standards and best practice. This policy is meant to ensure that we, the members of the Meridian Fire Department, maintain a uniform and professional appearance at all times. ■ APPENDIX D ADMINISTRATION CLOTHING ITEM Ciass A Uniform (sizes over 60,',add'i charge) Quantity Required 1 required Winter Duty Coat -Navy w ith Liner - Dark Navy 1 Maximum Job Sw"eatshirtYPullover 1/4 zip '.. Black 2 Maximum Solid Black Pants 6 Pair Max in any Combination Duty Belt Velcro Basket Weave 1 3/4 Black 1 belt rnaxirnum Class B, Short Sleeve, Cotton Blend, Blauer, Patch & Flag Class B, Long Sleeve, Cotton Blend, Blauer, Patch & Flag Button -up, Your choice, T-Zers Polo, Your choice, T-Zers 1 O total in any combination w ith at least 3 minimum Class B shirts Short Sleeve Compression T -Shirt, Admin Logo, Blauer, Black Short Sleeve Compression T -Shirt, Admin Logo, Blauer, White : 10 total in any combination Maximum Sweat Pants - Dark Gray ADMIN LOGO Jerzees 1 Maximum Gym Shorts - Dark Gray ADMIN LOGO Anvil 2 Maximum Duty Ball Cap Flex Fit PORT AUTH Black 2 Maximum Winter Stocking', Cap Black 1 Maxitnum Shoes, Your Choice Black 1 pr Maximum Badge -! Black/Rad/Gold 2 Maximum Collar Brass (Red/Gold) - Set of 2, 5 bugels 2 Sets Maximum Collar Brass (Red/Gold) - Set of 2, '.4 bugels 2 Sets Maximum Collar Brass (Red/Gold) - Set of 2, 3 bugels 2 Sets Maximum Name Rate Rhodlum (Gold) 2 Maximum Class AUniform (sizes over 50, add'i charge) i required Winter Duty Coat -Navy with Liner- Dark Navy 1 Maximum Job Sweatshirt Pullover 1/4 zip BLACK 2 Maximum Solid Black Pants 6 Pair Max in any Combination Duty Belt Velcro: Basket Weave Black 1 3/4 <1 belt maximum Class B, Short Sleeve, Cotton Blend, Blauer, Patch & Flag Class B, Long Sleeve, Cotton Blend, Blauer, Patch & Flag Button -up, Your choice, T-Zers Polo, Your choice, T-Zers 1 O totalat l t l any combination w ith least 3 minimum Gass B shirts Short Sleeve Compression T -Shirt, Black, Admin Logo, Blauer :Short Sleeve Compression T -Shirt, White,: Admin Logo, Blauer 4 total in any combination Maximum Duty Ball Cap Flex Fit Black PORT AUTH 2 Maximum Winter Stocking Cap Black 1 Maximum Black Shoes, Your Choice 1 pr Maximum :Badge-'.Black/Red/Silver; Fre Inspector 2 Maximum Collar Brass (Red/Silver) - Set of 2 2 Sets Maximum Name Plate Rhodium (Silver) Class A+.Uniform (sizes over 50, add'i charge) 2 Maximum 1 required Winter Duty Coat -Navy with Liner - Dark Navy 1 Maximum Job Sweatshirt Pullover 1/4 zip BLACK 2 Maximum Solid Black Pants 6 pair maximum Duty Beit Velcro':Basket Weave Black 1 3/4 1 belt maximum Class B, Short Sleeve, Cotton Blend, Blauer, Patch & Flag Class B, Long Sleeve, Cotton Blend, Blauer, Patch & Flag Button -up, Your choice, T-Zers Polo, Your choice, T-Zers 1 O total t l any combination with at least 3 minimum Class B shirts Short Sleeve Compression T -Shirt, Black, Admin Logo, Blauer Short Sleeve Compression T -Shirt, White,',Admin Logo, Blauer 4 total in any combination Maximum Duty Ball Cap Flex Fit Black PORTAUTH 2 Maximum Winter Stocking Cap Black '. 1 Maximum Black Shoes, Your Choice i pr Maximum Badge - Black/Red/Silver'. Public Education 2 Maximum Collar Brass (Red/Silver)- Set oft 2 Sets Maximum Name Plate Rhodium (Silver) Button -up shirt w/logo 2 Maximum 2 Maximum Polo shirt w/logo. 2 Maximum Reece Jacket w/logo 1 Maximum APPENDIX D • • r DATE:October1 • ITEM NUMBER: Ordinance No.L — A� : Ordinance authorizing the conveyance of certain city -owned real property to ACHD for the widening or Meridian Road adjacent to Settlers Park north of Ustick Road. MEETING NOTES J Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich 2014-082252 BOISE IDAHO Pgs=,K GAIL GARRETT 10/08/2014 12:51 PM MERIDIAN CITY `5 NO FEE 00028946201400822620060066 0 1 1 ''•1' � I 1. 1 1 ' 1 � .. I �. 1 1, I• I 1 • . 1 1 1 1,. WHEREAS, pursuant to Idaho Code 50-1401, the City Council has statutory authority to sell, exchange, or convey any real property owned by the city which is underutilized or which is not used for city public purposes; and, WHEREAS, when it is determined by the City Council to be in the City's best interest, the Council may by Ordinance duly enacted, authorize the transfer or conveyance of the real property to any tax supported governmental entity without compensation; and, WHEREAS, the proposed transaction would convey approximately 20,765 square feet of real property to the Ada County Highway District for right-of-way purposes; and, WHEREAS, a public hearing was held at the regular meeting of the Meridian City Council on October 7, 2014 and at the conclusion of said hearing, the City Council moved to approve the conveyance, subject to certain terms and conditions, and directed staff to bring forth this Ordinance authorizing the conveyance. NOW, THEREFORE, ORDAINED BY THE MAYOR,1. MERIDIAN,COUNCIL OF THE CITY OF IDAHO: Section 1. That a public hearing on the proposed conveyance was held at the October 7, 2014 meeting of the Meridian City Council. Section 2. That the City Council determined after the public hearing that the proposed conveyance is in the City's best interest and that the property should be transferred without compensation. Section 3. That the City Council has reviewed and approved the legal description of the proposed right-of-way attached hereto and incorporated herein. ORDINANCE AUTHORIZING CONVEYANCE OF PROPERTY - Page 1 of 5 Section 4. That the Mayor and City Clerk shall be authorized to execute and attest the Sale and Purchase Agreement attached hereto, a standard form warranty deed, and any other documents necessary to complete the conveyance authorized by this Ordinance. Section 5. 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 q -"-day of October, 2014. APPROVED by the Mayor of the City of Meridian, Idaho, this _2�day of October, 2014. d ATEST: c �v �wE'tidj'�� aycee L. Holman, City Clerk Es r ORDINANCE AUTHORIZING CONVEYANCE OF PROPERTY - Page 2 of 5 r14j) I &C7__ Project Name: Ustick Road & Meridian Road Intersection Project: 313039 Name: City of Meridian & Meridian Parks and Recreation Commission ry Parcel No, i T4N, R11WW, Sec. 36 ADA COUNTY RECORDER Christopher D. Rich 2014-086529 TPN: , S c. 36 BOISE IDAHO Pgs=7 LISA BATT 10/23/2014 03:47 PM ACHD NO FEE 11i1II11I i 1111111111111111111 HEI IIII 1 111"1'11 00033566201400866290070078 PERMANENT EASEMENT THIS PERMANENT EASEMENT (the "Easement"), made and entered into this _q_ day of (, obeX , 2014 by and between City of Meridian, a municipal corporation, hereinafter referred to as `GRANTOR", and ADA COUNTY HIGHWAY DISTRICT, a body politic and corporate of the state of Idaho, hereinafter referred to as "ACHD"; WITNESSETH: FOR GOOD AND SUFFICIENT CONSIDERATION, IT IS AGREED: SECTION 1. Recitals. 1.1 GRANTOR owns the real property located in Ada County, Idaho more particularly described on Exhibit "A" attached hereto and by this reference incorporated herein (hereinafter "Servient Estate"). 1.2 ACHD has jurisdiction over the public highways, including sidewalks, and public rights-of-way which adjoin and are adjacent to the Servient Estate (hereinafter the "Dominant Estate"). 1.3 ACHD desires to obtain an easement on, over and across the Servient Estate for the purposes hereinafter described, and, for the consideration and on the terms and conditions hereinafter set forth, GRANTOR is willing to grant such easement to ACHD. SECTION 2. Grant of Easement and Authorized Uses. GRANTOR hereby grants to ACHD a permanent exclusive easement over and across the Servient Estate for use by the public, including motorists, pedestrians and bicyclists, and the following uses and purposes: (a) placement of a Public Rights -of -Way as (as defined in Idaho Code, section 40-117); (b) construction, reconstruction, operation, maintenance and placement of a Highway (as defined in Idaho Code, section 40-109) and any other facilities or structures incidental to the preservation or improvement of the Highway; (c) statutory rights of ACHD, utilities and irrigation districts to use the Highway and/or Public Right - of -Way. Permanent Easement -1 (5/9/12) Project Name: Ustick Road & Meridian Road Intersection Project: 313039 Name: City of Meridian & Meridian Parks and Recreation Commission R/W Parcel No: 1 T4N, RIK Sec. 36 APN:SO436449680 SECTION 3. Permanent Easement; Covenants Run with the Land. This is a permanent easement. This Easement, and the covenants shall be a burden upon the Servient Estate and shall run with the land. The Easement and the covenants and agreements made herein shall inure to the benefit of and be binding upon, ACHD and GRANTOR, and Grantor's successors and assigns to the Servient Estate. SECTION 4. Appurtenant. The Easement herein granted is appurtenant to the Dominant Estate and a burden on the Servient Estate. SECTION 5. Maintenance. Upon acceptance of the Highway, ACHD shall maintain the physical integrity of this easement in good condition and repair and as required to satisfy all requirements of applicable laws, the policies of ACHD and sound engineering practices. The repair and maintenance of the physical integrity of the Easement shall be at the sole cost and expense of ACRD; provided if the damage to the physical integrity of the Easement is as a result of the activities of GRANTOR, GRANTOR'S guests, invitees, contractors or agents, the repair shall be at the sole cost and expense of GRANTOR. This Section shall not release GRANTOR'S obligation to provide routine maintenance required under any applicable state or local law, ordinance or regulation as to the pedestrian facilities that may be placed on the Servient Estate. SECTION 6. Indemnification. ACRD shall indemnify, save and hold GRANTOR harmless from and against any and all claims for loss, injury, death or damage, and reasonable attorney's fees and costs that may be incurred by GRANTOR in defending such claims, caused by or arising out of ACHD'S construction, use and maintenance of the Easement on the Servient Estate. SECTION 7. Recordation, This Easement shall be recorded in the Official Real Property Records of Ada County, Idaho. TO HAVE AND TO HOLD this Easement unto the ACHD forever. GRANTOR covenants to ACHD that ACHD shall enjoy the quiet and peaceful possession of the Servient Estate; and, GRANTOR warrants to ACHD that GRANTOR is lawfully seized and possessed of the Servient Estate and has the right and authority to grant this Easement to ACRD. IN WITNESS WHEREOF, the undersigned have caused this Easement to be executed the day, month and year first set forth above. Permanent Easement - 2 (5/9/12) Project Name: Ustick Road & Meridian Road Intersection Project: 313039 Name: City of Meridian & Meridian Parks and Recreation Commission R/W Parcel No: 1 T4N, R1 W, Sec. 36 APN:SO436449680 GRANTOR: City of Meridian, a municipal corporation _� r Tamm/ CIP N rd ATTEST: Tv ; r*' 4U,city Or E.P, T I- Ny-- IDI city TRI _..; STATE OF IDAHO ) ) ss. County of Ada ) �t, On this q day of [ (`.+she ✓ , 2014, before me, the undersigned, a Notary Public in and for the State of Idaho, personally appeared Tammy de Weerd and—'\Irw(ee Yd rylc�yq , known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed this 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 month and year in this certificate first above written. ft�) Not Publ (SEAL) �, Residing at: My commission expires: 0 The Ada County Highway District (ACHD) is committed to compliance with Title VI of the Civil Rights Act of 1964 and related regulations and directives. ACHD assures that no person shall on the grounds of race, color, national origin, gender, disability or age, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any ACHD service, program or activity. Permanent Easement - 3 (5/9/12) .) u ACHD Project: Ustick Road and Meridian Road ACRD Project No.: 313039 Owner of Record: City of Meridian Ada Co, Parcel No.: S0436449680 5.36, T.4 N., R.1 W., B.M. Parcel 1 Permanent Easement #1 - Requirement A parcel of land situated in the SE 1/4 of the SE 1/a of Section 36, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, and being a portion of the parcel described in the Warranty Deed recorded as Instrument Number 95070396 in the office of the Recorder, Ada County, Idaho, more particularly described as follows: COMMENCING at an found aluminum cap marking the southeast corner of said SE 1/a of the SE 1/a of Section 36 from which a brass cap marking the northeast corner of the SE 1/a of said Section 36 bears N 0°17'06" E a distance of 2658.38 feet; Thence N 0°17'06" E a distance of 807,76 feet along the east line of said SE 1/4 to a point; Thence leaving said east line N 89°08' 18" W a distance of 37.00 feet to the POINT OF BEGINNING. Thence S 0°51'42" W a distance of 4.13 feet to a point; Thence S 7''47'29" W a distance of 82.30 feet to a point; Thence N 89°00'34" W a distance of 24.17 feet to a point; Thence N 747'29" E a distance of 86.41 feet to a point; Thence S 89'08'18" E a distance of 23.67 feet to the POINT OF BEGINNING. Said described parcel contains 2,074 square feet or 0.048 acres and is subject to covenants, easements and restrictions of record. ACRD Project: Ustick Road and Meridian Road ACRD Project No.: 313039 Owner of Record: City of Meridian Ada Co. Parcel No.: S0436449680 5.36, T.4 N., R.1 W., B.M. Parcel 1 Permanent Easement #2 - Requirement A parcel of land situated in the SE 14 of the SE ba of Section 36, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, and being a portion of the parcel described in the Warranty Deed recorded as Instrument Number 95070396 in the office of the Recorder, Ada County, Idaho, more particularly described as follows: COMMENCING at an found aluminum cap marking the southeast corner of said SE 1/a of the SE 1/ of Section 36 from which a brass cap marking the northeast corner of the SE 1/ of said Section 36 bears N 0'17'06" E a distance of 2658.38 feet; Thence N 00°17'06" E a distance of 308.73 feet along the east line of said SE U4; Thence leaving said east line, N 89"08'19" W a distance of 53.00 feet to the POINT OF BEGINNING; Thence N 89108'18" W a distance of 4.00 feet to a point; Thence N 0`51'42" E a distance of 111.27 feet to a point; Thence S 89'08'18" E a distance of 4.00 feet a point; Thence S 0"51'42" W a distance 111.27 feet to the POINT OF BEGINNING. Said described parcel contains 445 square feet or 0.010 acres and is subject to covenants, easements and restrictions of record. MAO', !K77, H-51 7� Hio -7 M, ACHD Project: Ustick Road and Meridian Road ACRD Project No.: 313039 Owner of Record: City of Meridian Ada Co. Parcel No.: SO436449680 S.36, T.4 N., R.I W., B.M. Parcel 1 Permanent Easement #3 - Requirement A parcel of land situated in the SE 1/4 of the SE 1/a of Section 36, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, and being a portion of the parcel described in the Warranty Deed recorded as Instrument Number 95070396 in the office of the Recorder, Ada County, Idaho, more particularly described as follows: COMMENCING at an found aluminum cap marking the southeast corner of said SE 1/a of the SE 1/ from which a brass cap marking the southwest corner of the SE 1/a of said Section 36 bears N 89°20'08" W a distance of 2662.36 feet; Thence N 89°20'08" W a distance of 83.70 feet along the south line of said SE 1/4 of the SE 1/4 to a point; Thence leaving said south line N 0039'52" E a distance of 48.00 feet to a point to the northerly right-of-way of Ustick Road and the POINT OF BEGINNING, Thence N 89120'08" W a distance of 141.09 feet along said northerly right-of- way to a point; Thence leaving said northerly right-of-way, N 0"39'52" E a distance of 4.00 feet to a point; Thence S 89020'08" E a distance of 143.82 feet along a line parallel with and measuring 4.00 feet north of said northerly right-of-way to a point; Thence S 34°58'35" W a distance of 4.84 feet to the POINT OF BEGINNING. Said described parcel contains 570 square feet or 0.013 acres and is subject to covenants, easements and restrictions of record. PARCEL 1 USTICK ROAD AND MERIDIAN ROAD ACHD PROJECT NO,: 313039 OWNER: CITY OF MERIDIAN ASSESSOR PARCEL # SO436449680 LOCATED IN: S.36, T.4N., R.M., W., B.M., ADA CO. IDAHO NO SCALE ROW REOD. = 20,765 SF (0.477 AC.) PE #1 REOD. = 2,074 SF (0.048 AC.) PE #2 REOD. = 445 SF (0.010 AC.) PE #3 REOD. = 570 SF (0.013 AC•) 'r % 7 VA, S5'59'44"W 134.08' So'51'42"W 71.07' p08, Pq l 589'08'18"E 23.67' —� SO'51'42"W 4.13' N7'47'29"E 86.41' S7'47'29"W 82.30' N89'00'34"W 24.17' S2'01'43"W 283,35' S89'08'1 8"E 4.00' SO'51'42"W 111.27' NO'51'42"E 111.27" 36 31 N89'OB'18"W h SEC 1/4 COR• 1, BRASS CAP %� 53.00' 1 � r l l POB-PE#2 \i h 4 � 1 h h i S5'59'44"W r l 78.23' r h h dao � r 4 4 l SO'51'42"W h h r l 30 N6'34' -9"E N89'08'1 8"W - 37,00' , h h JSTICK ROAD l i r i S7'47'29"W 84.78' 1 S89' 20'08"E ip h n t h o 75.00' r� S34'58'35"W 1 NO -51'42"E 740.36' I i r r i i co r�1 NO'39 2" r 0 Q 35.42' Ln 4 _. _ - PE � (D h1 __ POB—PE3 �r #3 Z i < 83.70' 36 31 coy a N89'20'08"W-2662.36'------ Li 25 w M Ise POB -ROW I- CD 1 r � SO'51'42"W 135.43' Z N89'OB'18"W 1 N89'08'1 8"W 4.00' %� 53.00' 1 � POB-PE#2 \i � 1 i S5'59'44"W 78.23' 1 i dao � r SO'51'42"W r 139.88' 30 N6'34' -9"E 534'58'35'W 120.60' JSTICK ROAD 42.56' S89' 20'08"E NO' 51 ' 4 2"E 143.82' 75.00' S34'58'35"W r N89'20'08"W 4.84' i 141.09' N 45' 45' 17"E NO'39 2" 35.42' coy'—•._ 4 _. _ - PE 1e 5 __ POB—PE3 �r #3 S89'20 B"E 21.87' 36 T.4,N• 1 T. 3N, i NO _'39'52"E - r 48.00 83.70' 36 31 coy N89'20'08"W-2662.36'------ 5c,_oowk „PQ POB -ROW I- �I� Project Name: Ustick Road & Meridian Road Intersection Project: 313039 Name: City of Meridian & Meridian Parks and Recreation Commission R/W Parcel No: 1 T4N, RiW, Sec. 36 APN:SO436449680 THIS PERMANENT EASEMENT (the "Easement"), made and entered into this day of , 2014 by and between City of Meridian, a municipal corporation, hereinafter referred to as `GRANTOR", and ADA COUNTY HIGHWAY DISTRICT, a body politic and corporate of the state of Idaho, hereinafter referred to as "ACHD"; WITNESSETH: FOR GOOD AND SUFFICIENT CONSIDERATION, IT IS AGREED: SECTION 1. Recitals. 1.1 GRANTOR owns the real property located in Ada County, Idaho more particularly described on Exhibit "A" attached hereto and by this reference incorporated herein (hereinafter "Servient Estate"). 1.2 ACHD has jurisdiction over the public highways, including sidewalks, and public rights-of-way which adjoin and are adjacent to the Servient Estate (hereinafter the "Dominant Estate"). 1.3 ACHD desires to obtain an easement on, over and across the Servient Estate for the purposes hereinafter described, and, for the consideration and on the terms and conditions hereinafter set forth, GRANTOR is willing to grant such easement to ACHD. SECTION 2. Grant of Easement and Authorized Uses. GRANTOR hereby grants to ACHD a permanent exclusive easement over and across the Servient Estate for use by the public, including motorists, pedestrians and bicyclists, and the following uses and purposes: (a) placement of a Public Rights -of -Way as (as defined in Idaho Code, section 40-117); (b) construction, reconstruction, operation, maintenance and placement of a Highway (as defined in Idaho Code, section 40-109) and any other facilities or structures incidental to the preservation or improvement of the Highway; (c) statutory rights of ACHD, utilities and irrigation districts to use the Highway and/or Public Right - of -Way. Permanent Easement - 1 (5/9/12) Project Name: Ustick Road & Meridian Road Intersection Project: 313039 Name: City of Meridian & Meridian Parks and Recreation Commission R/W Parcel No: 1 T4N, R1 W, Sec. 36 APN:S0436449680 SECTION 3. Permanent Easement• Covenants Run with the Land. This is a permanent easement. This Easement, and the covenants shall be a burden upon the Servient Estate and shall run with the land. The Easement and the covenants and agreements made herein shall inure to the benefit of and be binding upon, ACHD and GRANTOR, and Grantor's successors and assigns to the Servient Estate. SECTION 4. Appurtenant. The Easement herein granted is appurtenant to the Dominant Estate and a burden on the Servient Estate. SECTION 5. Maintenance. Upon acceptance of the Highway, ACHD shall maintain the physical integrity of this easement in good condition and repair and as required to satisfy all requirements of applicable laws, the policies of ACHD and sound engineering practices. The repair and maintenance of the physical integrity of the Easement shall be at the sole cost and expense of ACRD; provided if the damage to the physical integrity of the Easement is as a result of the activities of GRANTOR, GRANTOR'S guests, invitees, contractors or agents, the repair shall be at the sole cost and expense of GRANTOR. This Section shall not release GRANTOR'S obligation to provide routine maintenance required under any applicable state or local law, ordinance or regulation as to the pedestrian facilities that may be placed on the Servient Estate. SECTION 6. Indemnification. ACHD shall indemnify, save and hold GRANTOR harmless from and against any and all claims for loss, injury, death or damage, and reasonable attorney's fees and costs that may be incurred by GRANTOR in defending such claims, caused by or arising out of ACRD'S construction, use and maintenance of the Easement on the Servient Estate, SECTION 7. Recordation. This Easement shall be recorded in the Official Real Property Records of Ada County, Idaho. TO HAVE AND TO HOLD this Easement unto the ACRD forever. GRANTOR covenants to ACHD that ACRD shall enjoy the quiet and peaceful possession of the Servient Estate; and, GRANTOR warrants to ACHD that GRANTOR is lawfully seized and possessed of the Servient Estate and has the right and authority to grant this Easement to ACHD. IN WITNESS WHEREOF, the undersigned have caused this Easement to be executed the day, month and year first set forth above. Permanent Easement - 2 (5/9/12) Project Name: Ustick Road & Meridian Road Intersection Project: 313039 Name: City of Meridian & Meridian Parks and Recreation Commission R/W Parcel No: 1 T4N, RiW, Sec. 36 APN: SO436449680 GRANTOR: City of Meridian, a municipal corporation Mayor Tammy de Weerd ATTEST: By: , City Clerk STATE OF IDAHO ) ) ss. County of Ada ) On this _ day of , 2014, before me, the undersigned, a Notary Public in and for the State of Idaho, personally appeared Tammy de Weerd and , known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed this 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 month and year in this certificate first above written. (SEAL) Notary Public for Idaho Residing at: My commission expires: The Ada County Highway District (ACRD) is committed to compliance with Title VI of the Civil Rights Act of 1964 and related regulations and directives. ACHD assures that no person shall on the grounds of race, color, national origin, gender, disability or age, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any AND service, program or activity. Permanent Easement - 3 (5/9/12) �US 01 'a l ACRID Project: Ustick Road and Meridian Road ACRID Project No.: 313039 Owner of Record: City of Meridian Ada Co. Parcel No.: SO436449680 S.36, T.4 N., R.I W., B. M. Parcel 1 Permanent Easement #1 - Requirement A parcel of land situated in the SE 114 of the SE 1/a of Section 36, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, and being a portion of the parcel described in the Warranty Deed recorded as Instrument Number 95070396 in the office of the Recorder, Ada County, Idaho, more particularly described as follows: COMMENCING at an found aluminum cap marking the southeast corner of said SE 1/4 of the SE 1/4 of Section 36 from which a brass cap marking the northeast corner of the SE'/ of said Section 36 bears N 0°17'06" E a distance of 2658.38 feet; Thence N 0°17'06" E a distance of 807.76 feet along the east line of said SE 'A to a point; Thence leaving said east line N 89'08'18" W a distance of 37.00 feet to the POINT OF BEGINNING. Thence S 0"51'42" W a distance of 4.13 feet to a point; Thence S 7"47'29" W a distance of 82.30 feet to a point; Thence N 89"00'34" W a distance of 24.17 feet to a point; Thence N 7'47'29" E a distance of 86.41 feet to a point; Thence S 89'08'18" E a distance of 23.67 feet to the POINT OF BEGINNING. Said described parcel contains 2,074 square feet or 0.048 acres and is subject to covenants, easements and restrictions of record. ACRD Project: Ustick Road and Meridian Road ACRD Project No.: 313039 Owner of Record: City of Meridian Ada Co. Parcel No.: S0436449680 5.36, T.4 N., R.1 W., B.M. Parcel 1 Permanent Easement #2 - Requirement A parcel of land situated in the SE 14 of the SE iia of Section 36, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, and being a portion of the parcel described in the Warranty Deed recorded as Instrument Number 95070396 in the office of the Recorder, Ada County, Idaho, more particularly described as follows: COMMENCING at an found aluminum cap marking the southeast corner of said SE 1/a of the SE I/ of Section 36 from which a brass cap marking the northeast corner of the SE 1/a of said Section 36 bears N 0"17'06" E a distance of 2658.38 feet; Thence N 00017'06" E a distance of 308.73 feet along the east line of said SE 1/4; Thence leaving said east line, N 89"08'18" W a distance of 53.00 feet to the POINT OF BEGINNING; Thence N 89'08'18" W a distance of 4.00 feet to a point; Thence N 0`51'42" E a distance of 111.27 feet to a point; Thence S 89008'18" E a distance of 4.00 feet a point; Thence S 0'51'42" W a distance 111.27 feet to the POINT OF BEGINNING. Said described parcel contains 445 square feet or 0.010 acres and is subject to covenants. easements and restrictions of rer.nrd. vpFy ACRD Project: Ustick Road and Meridian Road ACRD Project No.: 313039 Owner of Record: City of Meridian Ada Co. Parcel No.: SO436449680 S.36, T.4 N., R.1 W., B.M. Parcel 1 Permanent Easement #3 - Requirement A parcel of land situated in the SE 1/4 of the SE 1/a of Section 36, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, and being a portion of the parcel described in the Warranty Deed recorded as Instrument Number 95070396 in the office of the Recorder, Ada County, Idaho, more particularly described as follows: COMMENCING at an found aluminum cap marking the southeast corner of said SE 1/a of the SE 1/ from which a brass cap marking the southwest corner of the SE 1/ of said Section 36 bears N 89°20'08" W a distance of 2662.36 feet; Thence N 89120'08" W a distance of 83.70 feet along the south line of said SEI/4 of the SE 1/a to a point; Thence leaving said south line N 0039'52" E a distance of 48.00 feet to a point to the northerly right-of-way of Ustick Road and the POINT OF BEGINNING, Thence N 89°20'08" W a distance of 141.09 feet along said northerly right-of- way to a point; Thence leaving said northerly right-of-way, N 019'52" E a distance of 4.00 feet to a point; Thence S 89020'08" E a distance of 143.82 feet along a line parallel with and measuring 4.00 feet north of said northerly right-of-way to a point; Thence S 34°58'35" W a distance of 4.84 feet to the POINT OF BEGINNING. Said described parcel contains 570 square feet or 0.013 acres and is subject to covenants, easements and restrictions of record. PARCEL I USTICK ROAD AND MERIDIAN ROAD ACRD PROJECT NO,: 313039 OWNER: CITY OF MERIDIAN ASSESSOR PARCEL # S0436449680 LOCATED IN: S,36, T.4N, R.M., B.M., ADA CO, IDAHO NO SCALE ROW REOD, = 20,765 SF (0,477 AC.) PE #1 REOD. 2,074 SF (0,048 AC.) PE #2 REDO. 445 SF (0,010 AC.) PE #3 REOD, 570 SF (0.013 AC.) —MMMA, , C, 'a 4,00' /T 53,00' POB—PE#2 S5'59'44"W 134.08' SO'51'42"W 71,07"\ Pop- - -ql S89,08, 18"E 23.67' SO'51'42"W 4.13' N7'47'29"E 86.41' S7*47'29"W 82.30' N89*00'34"W 24.17' S2'01'43"W 283,35' 589'08' 18 SO'51'42"W 111.27' NO'51'42"E 111.27" 36 31 SEC 1/4 COR, BRASS CAP N89'08'1 8"W 37,00' S7'47'29"W i 84.76' CC) 25' 1 NO'5 1'42"E 740,36' 0 < C6 Lo Co W LJ m (D 50'51'42"W 135.4,3' N59,08, 18"w N 89'08'18"W 4,00' /T 53,00' POB—PE#2 S5'59'44"W 78.23' SO'51'42"W 139.88'NW34'19"E 0 S34'58"35"W 120.60' JISTICK ROAD 42,56' S89'20'08"E_N0*5 1'42"E 143.82' 75,00' S34'58'35"W N89'20'08"W 4.84' 141,09' N45*45'1 7"E NO'39'52"E 35 .42' 4,00 P 1 Am POB—PE#3 589'20'08"E 21.87' 36T 4 N NO'39'52"E 8.00 7 0' 36 31 co�k. --- N89'20'08"W-2662.36 - ------ 1 6 Sl -!r- \W%A -,w �i wwla POB—ROW Project Name: Ustick Road & Meridian Road Intersection Project: 313039 Name: City of Meridian & Meridian Parks and Recreation Commission R/W Parcel No: 1 T4N, RIK Sec. 36 APN: SO436449680 SALE AND PURCHASE AGREEMENT (Partial Acquisition) THIS SA - A . D PURCHASE AGREEMENT (the "Agreement") is made and entered into this aq(� K day of , 2014, by and between City of Meridian, a municipal corporation, ("Seller") and Ada County Highway District ("ACHD"); WITNESSETH: FOR GOOD AND SUFFICIENT CONSIDERATION, IT IS AGREED: SECTION 1. Definitions. As used in this Agreement, the following terms shall have the following meanings: (a) The term "ACHD" shall refer to ADA COUNTY HIGHWAY DISTRICT, a body politic and corporate of the state of Idaho whose address is 3775 Adams Street, Garden City, Idaho 83714, and the person to contact at ACHD is Barbara Burton, whose telephone number is (208) 387-6275. (b) The term "Closing Date" shall mean within 30 days of title clearance but in no case later than one year past the day, month and year first above written; provided, by written addendum signed by both parties and delivered to Closing Agent, the Closing Date may be rescheduled to such date as the parties agree. The Closing Date may also be extended, and in either event the Closing Date shall then mean such rescheduled date. (c) The term "Deed" shall mean the real property as described on Exhibit "A" to the Deed. (d) The term "Easement" shall mean collectively the Permanent Easement and the Temporary Easement(s) as described and/or depicted on Exhibit "A" to the Easement(s). (e) The term "Hazardous Materials" shall mean any substance, material, or waste which is regulated as hazardous by any federal, state or local governmental authority. (f) The term "Project" shall refer to the highway improvement program being undertaken by ACHD internally known as Project Number 313039 and commonly known as the Ustick Road & Meridian Road Intersection. (g) The term "Property" shall refer to the real property described on the Exhibit "A" attached to the Deed. Page 1 of 5 Project Name: Ustick Road & Meridian Road Intersection Project: 313039 Name: City of Meridian & Meridian Parks and Recreation Commission R/W Parcel No:1 T4N, R1W, Sec, 36 APN: SO436449680 (h) The Property is a part of a larger parcel of real property owned by Seller, and the term "Remaining Property" shall refer to the remainder of the parcel of real property which will continue to be owned by Seller after this transaction is closed, and shall include the Easement Area. (i) The term "Seller" refers to the above-named Seller whose telephone number is 208 898- 5506. SECTION 2. Recitals. 2.1 ACHD is a single county -wide highway district organized and existing under the laws of the state of Idaho, with the responsibility and jurisdiction and authority to acquire public right-of-way and construct and improve highways in Ada County, Idaho, and in that connection has undertaken the Project. 2.2. In lieu of condemnation and in furtherance of the Project and for the price and on the terms and conditions hereinafter set forth, ACHD desires to purchase the Property from Seller, acquire the rights of access and use of the Easement Area set forth in the Easement, and pay for any damages which may accrue to the Remaining Property and/or any eligible business located thereon by reason of its severance from the Property and the construction of the Project, and for the price and on the terms and conditions hereinafter set forth Seller is willing to sell and grant the same to ACHD and settle such damage claims, if any. SECTION 3. Agreement to Sell and Purchase Property and Grant Easement(s) For the purchase price and on the terms and conditions hereinafter set forth, Seller hereby agrees to sell, grant and convey the Property and grant the rights of access and use of the Easement Area to ACHD, and ACHD hereby agrees to purchase the Property, subject to the Exceptions to Title, and acquire the rights set forth in the Easement(s) from Seller. SECTION 4. Damages to Remaining Property; Release and Survival. The parties agree that the purchase price set forth in Section 5 includes reimbursement for any and all damages which may accrue to the Seller's Remaining Property and/or any eligible business located thereon by reason of: (i) its severance from the Property, (ii) the Easement thereon, and (iii) the construction of the Project on the Property and Easement Area in the manner proposed by ACHD, and that this payment is in full settlement of all claims, demands and causes of action Seller may have against ACHD for such damages. Accordingly, Seller hereby forever releases, discharges and acquits ACHD from any and all actions, causes of action, claims or suits for damages, losses, expenses, attorney's fees and costs of suit which Seller shall have, or which in the future may arise, to the Seller's Remaining Property and/or any eligible business located thereon from or as a result of or by reason of or in connection with: (i) the severance of the Property from the Remaining Property, (ii) the Easement thereon, and (iii) the construction of the Project on the Property and Easement Area in the manner proposed by ACHD. Notwithstanding the foregoing, Seller may pursue any and all claims for loss, injury, death and damage caused by, arising out of or resulting from ACHD's use of the Property and Easement Area during construction, including, without limitation, attorney's fees and costs Page 2 of 5 Project Name: Ustick Road & Meridian Road Intersection Project: 313039 Name: City of Meridian & Meridian Parks and Recreation Commission R/W Parcel No: 1 T4N, R1 W, Sec. 36 APN:SO436449680 that might be incurred by Seller in pursuing any such claims. It is agreed that the provisions of this section will survive the closing under this Agreement. SECTION 5. Purchase Price; Closing; Possession. 5.1 The purchase price to be paid by the ACHD for the Property and for the rights of access and use of the Easement Area set forth in the Easement and for any severance or business damages to the Remaining Property of Seller is Zero Dollars and Zero Cents ($0.00). 5.2 The closing under this Agreement shall take place at the offices of ACHD on the Closing Date, by the delivery to Seller of ACHD's check made payable to Seller in the amount of the purchase price in return for the delivery to ACHD of the Deed and/or the Easement, each duly executed by Seller and acknowledged in form suitable for recording. 5.3 ACHD shall be entitled to possession of the Property and the Easement Area as provided in the Easement on and following the date this Agreement is executed, and upon the following terms and conditions: (a) On and after possession, ACHD shall have full and unrestricted authority and right to enter upon the Property and the Easement Area and to make full use of the Property for any lawful purpose, including but not limited to, construction of the Project thereon. (b) In the event that the parties are unable to close for any reason, on the Closing Date or any date thereafter, ACHD shall retain full and unrestricted possession and use of the Property and the Easement Area pending commencement of an action for specific performance and any final order therein or pending commencement of an action for condemnation by ACRD and issuance of an order by the court granting ACHD possession of the Property pursuant to Idaho Code § 7-721. (c) Possession of the Property and the Easement Area by ACHD under this Section 5.3 and before the date the Deed and/or Easement is recorded is intended to give ACHD the right of possession and it does not establish a Landlord -Tenant relationship between Seller and ACHD. 5.4 At its sole discretion, ACHD may elect to close the transaction through a title company. Notification of title closing will be given to seller in writing. SECTION 6. Hazardous Materials Warranty. Seller warrants that neither Seller, nor, to the knowledge of Seller, any previous owner, tenant, occupant, or user of the Property used, generated, released, discharged, stored, or disposed of any Hazardous Materials under, in, or about the Property. This warranty shall not be merged into the Deed and shall survive the closing under this Agreement. SECTION 7. Remedies for Default. In the event of the failure or neglect by either party in the performance required under this Agreement, the other party shall have all the remedies available under the laws of the state of Idaho for breach of a contract, including the remedy of specific performance. Page 3 of 5 Project Name: Ustick Road & Meridian Road Intersection Project: 313039 Name: City of Meridian & Meridian Parks and Recreation Commission RM Parcel No:1 T4N, RIK Sec. 36 APN: SO436449680 SECTION 8. Attorneys' Fees. In any action arising under this Agreement, the unsuccessful party therein agrees to reimburse the prevailing party for its reasonable attorneys' fees expended or incurred in connection therewith and in connection with any appeal, and the same may be included in the judgment. SECTION 9. Incorporation of Exhibits. It is agreed that all exhibits related to this Agreement are incorporated by reference and made a part of the terms, provisions and covenants of this Agreement. SECTION 10. Binding Effect; Assignment. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their successors, provided no assignment of their respective rights and obligations hereunder shall be made by either party without the written consent of the other. SECTION 11. Time of Essence. Time is of the essence of this Agreement. SECTION 12. Entire Agreement. This Agreement and the Exhibits referenced in this agreement constitute the entire understanding between the parties with respect to this transaction, and all prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement. SECTION 13. Counterparts. This Agreement shall be executed in two counterparts, each of which shall be deemed an original but both of which together shall constitute one and the same instrument. SECTION 14. Warranty of Authority to Execute. 14.1 The person(s) executing this Agreement on behalf of ACHD represent(s) and warrant(s) due authorization to do so on behalf of ACRD, and that upon execution of this Agreement on behalf of ACHD, the same is binding upon, and shall inure to the benefit of, ACRD. 14.2 If Seller is not a natural person, the person(s) executing the Agreement on behalf of Seller represent(s) and warrant(s) due authorization to do so on behalf of Seller, and that upon execution of this Agreement on behalf of Seller, the same is binding upon, and shall inure to the benefit, of Seller. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. SELLER: City of Meridian, a municipal corporation By: Its: By: Its: Page 4 of 5 Project Name: Ustick Road & Meridian Road Intersection Project: 313039 Name: City of Meridian & Meridian Parks and Recreation Commission R/W Parcel No:1 T4N, R1W, Sec. 36 APN: S0436449680 ADA COUNTY I HW Y DISTRICT• David Serdar Right -of -Way Supervisor 'Barbara Burton Sr. Right -of -Way Agent The Ada County Highway District (ACHD) is committed to compliance with Title VI of the Civil Rights Act of 1964 and related regulations and directives. ACHD assures that no person shall on the grounds of race, color, national origin, gender, disability or age, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any ACHD service, program or activity. Page 5 of 5 Project Name: Ustick Road & Meridian Road Intersection Project: 313039 Name: City of Meridian & Meridian Parks and Recreation Commission R/W Parcel No: 1 T4N, R1 W, Sec. 36 APN:SO436449680 THIS SALE AND PURCHASE AGREEMENT (the "Agreement") is made and entered into this day of , 2014, by and between City of Meridian, a municipal corporation, ("Seller") and Ada County Highway District ("ACHD"); WITNESSETH: FOR GOOD AND SUFFICIENT CONSIDERATION, IT IS AGREED: SECTION 1. Definitions. As used in this Agreement, the following terms shall have the following meanings: (a) The term "ACHD" shall refer to ADA COUNTY HIGHWAY DISTRICT, a body politic and corporate of the state of Idaho whose address is 3775 Adams Street, Garden City, Idaho 83714, and the person to contact at ACHD is Barbara Burton, whose telephone number is (208) 387-6275. (b) The term "Closing Date" shall mean within 30 days of title clearance, but in no case later than one year past the day, month and year first above written; provided, by written addendum signed by both parties and delivered to Closing Agent, the Closing Date may be rescheduled to such date as the parties agree. The Closing Date may also be extended, and in either event the Closing Date shall then mean such rescheduled date. (c) The term "Deed" shall mean the real property as described on Exhibit "A" to the Deed. (d) The term "Easement" shall mean collectively the Permanent Easement and the Temporary Easement(s) as described and/or depicted on Exhibit "A" to the Easement(s). (e) The term "Hazardous Materials" shall mean any substance, material, or waste which is regulated as hazardous by any federal, state or local governmental authority. (f) The term "Project" shall refer to the highway improvement program being undertaken by ACHD internally known as Project Number 313039 and commonly known as the Ustick Road & Meridian Road Intersection. (g) The term "Property" shall refer to the real property described on the Exhibit "A" attached to the Deed. Page 1 of 5 Project Name: Ustick Road & Meridian Road Intersection Project: 313039 Name: City of Meridian & Meridian Parks and Recreation Commission R/W Parcel No: 1 T4N, R1W, Sec. 36 APN:SO436449680 (h) The Property is a part of a larger parcel of real property owned by Seller, and the term "Remaining Property" shall refer to the remainder of the parcel of real property which will continue to be owned by Seller after this transaction is closed, and shall include the Easement Area. (i) The term "Seller" refers to the above-named Seller whose telephone number is 208 898- 5506. SECTION 2. Recitals. 2.1 ACHD is a single county -wide highway district organized and existing under the laws of the state of Idaho, with the responsibility and jurisdiction and authority to acquire public right-of-way and construct and improve highways in Ada County, Idaho, and in that connection has undertaken the Project. 2.2. In lieu of condemnation and in furtherance of the Project and for the price and on the terms and conditions hereinafter set forth, ACHD desires to purchase the Property from Seller, acquire the rights of access and use of the Easement Area set forth in the Easement, and pay for any damages which may accrue to the Remaining Property and/or any eligible business located thereon by reason of its severance from the Property and the construction of the Project, and for the price and on the terms and conditions hereinafter set forth Seller is willing to sell and grant the same to ACRD and settle such damage claims, if any. SECTION 3. Agreement to Sell and Purchase Property and Grant Easement(s). For the purchase price and on the terms and conditions hereinafter set forth, Seller hereby agrees to sell, grant and convey the Property and grant the rights of access and use of the Easement Area to ACRD, and ACRD hereby agrees to purchase the Property, subject to the Exceptions to Title, and acquire the rights set forth in the Easement(s) from Seller. SECTION 4. Damages to Remaining Property; Release and Survival. The parties agree that the purchase price set forth in Section 5 includes reimbursement for any and all damages which may accrue to the Seller's Remaining Property and/or any eligible business located thereon by reason of: (i) its severance from the Property, (ii) the Easement thereon, and (iii) the construction of the Project on the Property and Easement Area in the manner proposed by ACRD, and that this payment is in full settlement of all claims, demands and causes of action Seller may have against ACHD for such damages. Accordingly, Seller hereby forever releases, discharges and acquits ACHD from any and all actions, causes of action, claims or suits for damages, losses, expenses, attorney's fees and costs of suit which Seller shall have, or which in the future may arise, to the Seller's Remaining Property and/or any eligible business located thereon from or as a result of or by reason of or in connection with: (i) the severance of the Property from the Remaining Property, (ii) the Easement thereon, and (iii) the construction of the Project on the Property and Easement Area in the manner proposed by ACHD. Notwithstanding the foregoing, Seller may pursue any and all claims for loss, injury, death and damage caused by, arising out of or resulting from ACHD's use of the Property and Easement Area during construction, including, without limitation, attorney's fees and costs Page 2 of 5 Project Name: Ustick Road & Meridian Road Intersection Project: 313039 Name: City of Meridian & Meridian Parks and Recreation Commission R/W Parcel No: 1 T4N, R1 W, Sec, 36 APN:S0436449680 that might be incurred by Seller in pursuing any such claims. It is agreed that the provisions of this section will survive the closing under this Agreement. SECTION 5. Purchase Price; Closing; Possession. 5.1 The purchase price to be paid by the ACHD for the Property and for the rights of access and use of the Easement Area set forth in the Easement and for any severance or business damages to the Remaining Property of Seller is Zero Dollars and Zero Cents ($0.00). 5.2 The closing under this Agreement shall take place at the offices of ACHD on the Closing Date, by the delivery to Seller of ACHD's check made payable to Seller in the amount of the purchase price in return for the delivery to ACHD of the Deed and/or the Easement, each duly executed by Seller and acknowledged in form suitable for recording. 5.3 ACHD shall be entitled to possession of the Property and the Easement Area as provided in the Easement on and following the date this Agreement is executed, and upon the following terms and conditions: (a) On and after possession, ACHD shall have full and unrestricted authority and right to enter upon the Property and the Easement Area and to make full use of the Property for any lawful purpose, including but not limited to, construction of the Project thereon. (b) In the event that the parties are unable to close for any reason, on the Closing Date or any date thereafter, ACHD shall retain full and unrestricted possession and use of the Property and the Easement Area pending commencement of an action for specific performance and any final order therein or pending commencement of an action for condemnation by ACHD and issuance of an order by the court granting ACHD possession of the Property pursuant to Idaho Code § 7-721. (c) Possession of the Property and the Easement Area by ACHD under this Section 5.3 and before the date the Deed and/or Easement is recorded is intended to give ACHD the right of possession and it does not establish a Landlord -Tenant relationship between Seller and ACHD. 5.4 At its sole discretion, ACHD may elect to close the transaction through a title company. Notification of title closing will be given to seller in writing. SECTION 6. Hazardous Materials Warranty. Seller warrants that neither Seller, nor, to the knowledge of Seller, any previous owner, tenant, occupant, or user of the Property used, generated, released, discharged, stored, or disposed of any Hazardous Materials under, in, or about the Property. This warranty shall not be merged into the Deed and shall survive the closing under this Agreement. SECTION 7. Remedies for Default. In the event of the failure or neglect by either party in the performance required under this Agreement, the other party shall have all the remedies available under the laws of the state of Idaho for breach of a contract, including the remedy of specific performance. Page 3 of 5 Project Name: Ustick Road & Meridian Road Intersection Project: 313039 Name: City of Meridian & Meridian Parks and Recreation Commission R/W Parcel No: 1 T4N, R1 W, Sec. 36 APN: SO436449680 SECTION 8. Attorneys' Fees. In any action arising under this Agreement, the unsuccessful party therein agrees to reimburse the prevailing party for its reasonable attorneys' fees expended or incurred in connection therewith and in connection with any appeal, and the same may be included in'the judgment. SECTION 9. Incorporation of Exhibits. It is agreed that all exhibits related to this Agreement are incorporated by reference and made a part of the terms, provisions and covenants of this Agreement. SECTION 10. Binding Effect; Assignment, This Agreement shall be binding upon and inure to the benefit of the parties hereto and their successors, provided no assignment of their respective rights and obligations hereunder shall be made by either party without the written consent of the other. SECTION 11. Time of Essence. Time is of the essence of this Agreement. SECTION 12, Entire Agreement. This Agreement and the Exhibits referenced in this agreement constitute the entire understanding between the parties with respect to this transaction, and all prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement. SECTION 13, Counterparts. This Agreement shall be executed in two counterparts, each of which shall be deemed an original but both of which together shall constitute one and the same instrument. SECTION 14. Warranty of Authority to Execute. 14.1 The person(s) executing this Agreement on behalf of ACHD represent(s) and warrant(s) due authorization to do so on behalf of ACRD, and that upon execution of this Agreement on behalf of ACHD, the same is binding upon, and shall inure to the benefit of, ACHD. 14.2 If Seller is not a natural person, the person(s) executing the Agreement on behalf of Seller represent(s) and warrant(s) due authorization to do so on behalf of Seller, and that upon execution of this Agreement on behalf of Seller, the same is binding upon, and shall inure to the benefit, of Seller. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. SELLER: City of Meridian, a municipal corporation By: Its: By: Its: Page 4 of 5 Project Name: Ustick Road & Meridian Road Intersection Project: 313039 Name: City of Meridian & Meridian Parks and Recreation Commission R/W Parcel No: 1 T4N, R1 W, Sec. 36 APN:SO436449680 David Serdar Right -of -Way Supervisor Barbara Burton Sr. Right -of -Way Agent The Ada County Highway District (ACRD) is committed to compliance with Title VI of the Civil Rights Act of 1964 and related regulations and directives. ACHD assures that no person shall on the grounds of race, color, national origin, gender, disability or age, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any ACHD service, program or activity. Page 5 of 5 Project Name: Ustick Road & Meridian Road Intersection Project: 313039 Name: City of Meridian & Meridian Parks and Recreation Commission R/WP IN'1 arce o. ADA COUNTY RECORDER Christopher D. Rich 2014-086528 T4N, R1 W, Sec. 36 BOISE IDAHO Pgs=5 LISA BATT 10/23/2014 03:47 PM APN: SO436449680 ACHD NO FEE 00033564201400866280060057 �• •---....,......,........,. -y , --1-11 WARRANTY DEED THIS INDENTURE, made this _ day of '� , 2014, City of Meridian, a municipal corporation, the "GRANTOR", and Ada County Highway District, a body politic and corporate of the State of Idaho, the "GRANTEE"; WITNESSETH: FOR VALUE RECEIVED, the GRANTOR has granted, conveyed, bargained and sold, and does hereby grant, bargain, sell, convey and confirm to the GRANTEE and its successors and assigns forever, that certain real property situated in the COUNTY OF ADA, STATE OF IDAHO, more particularly described on Exhibit "A" attached hereto and by this reference made a part hereof, TOGETHER with all and singular the buildings, structures, improvements and fixtures thereto, the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining, the reversion and reversions, remainder and remainders, and rents, issues and profits thereof (the "Premises"). SUBJECT TO those exceptions to title to which this conveyance is expressly made subject, and those made, suffered or done by the GRANTEE: (a) the GRANTOR covenants to the GRANTEE, its successors and assigns, that the GRANTEE shall enjoy the quiet and peaceful possession of the Premises; and (b) GRANTOR warrants to the GRANTEE, its successors and assigns, that GRANTOR is the owner of said Premises in fee simple and has the right and authority to convey the same to GRANTEE, and GRANTOR will defend the GRANTEE's title from all lawful claims whatsoever. The current address of the GRANTEE is: Ada County Highway District 3775 Adams Street Garden City, Idaho 83714-6499 The Ada County Highway District (ACRD) is committed to compliance with Title VI of the Civil Rights Act of 1964 and related regulations and directives. ACHD assures that no person shall on the grounds of race, color, national origin, gender, disability or age, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any ACHD service, program or activity. WD - Page 1 of 2 Version: 5/22/08 Project Name: Ustick Road & Meridian Road Intersection Project: 313039 Name: City of Meridian & Meridian Parks and Recreation Commission R/W Parcel No: 1 T4N, R1 W, Sec. 36 APN:S0436449680 IN WITNESS WHEREOF, this WARRANTY DEED has been duly executed by the GRANTOR, the day, month and year herein first above written. Grantor: City of Meridian, a municipal corporation J�ZAe Tu,1Uc,� ATTEST: y rI Cit}' of E By• , SEAL STATE OF IDAHO ) ss. County of Ada ) 'v'' On this J day of C C k- be-✓ , 2014, before me, the undersigned, a Notary Public in and for the State of Idaho, personally appeared Tammy de Weerd and known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed this 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 month and year in this certificate first above written. SEAL x` l ), t t t � Notary Public for'Idaho Hebiding at: My commission expires The Ada County Highway District (ACRD) is committed to compliance with Title VI of the Civil Rights Act of 1964 and related regulations and directives. AND assures that no person shall on the grounds of race, color, national origin, gender, disability or age, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any AND service, program or activity. WD - Page 2 of 2 Version: 5/22/08 ACHD Project: Ustick Road and Meridian Road ACRD Project No.: 313039 Owner of Record: City of Meridian Ada Co. Parcel No.: SO436449680 S.36, T.4 N., R.I W., B.M. Parcel 1 Right -of -Way Requirement A parcel of land situated in the SE 1/ of the SE 1/40f Section 36, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, and being a portion of the parcel described in the Warranty Deed recorded as Instrument Number 95070396 in the ffice of the Recorder, Ada County, Idaho, more particularly described as follows: COMMENCING at an found aluminum cap marking the southeast corner of said SE 1/ of the SE 1/ from which a brass cap marking the northeast corner of the SE 1/a of said Section 36 bears N 0°17'06" E a distance of 2658.38 feet; Thence N 89°20'08" W a distance of 83.70 feet along the south line of said SE U of the SE 1/ to a point; Thence leaving said south line N 0°39'52" E a distance of 48.00 feet to a point on the northerly right-of-way of Ustick Road as described in the Warranty Deed recorded as Instrument Number 106002090 in the office of the Recorder of said County, said point being the POINT OF BEGINNING. Thence along the northerly and westerly boundary described in last said Warranty Deed the following courses: Thence S 89°20'08" E a distance of 21.87 feet to a point; Thence N 4545'17" E a distance of 35.42 feet to a point; Thence N 00°51'42" E a distance of 75.00 feet to a point; Thence N 06°34' 19" E a distance of 120.60 feet to a point lying 25.00 feet west of the east line of said SE 1/a of the SE 1/a, said point being on the westerly right-of-way of Meridian Road; Thence leaving the westerly boundary described in last said Warranty Deed, N 0°51'42" E a distance of 740.36 feet along the westerly right-of-way of Meridian Road; Thence leaving said westerly right-of-way, S 5°59'44" W a distance of 134.08 feet to a point; Thence S 0051'42" W a distance of 71.07 feet to a point; Page 2, continued ACHD Project: Ustick Road and Meridian Road ACHD Project No.: 313039 Owner of Record: City of Meridian Ada Co. Parcel No.: 50436449680 5.36, T.4 N., R.I W., B.M. Parcel 1 Right -of -Way Requirement Thence S 7°47'29" W a distance of 84.78 feet to a point; Thence S 2°01'43" W a distance of 283.35 feet to a point; Thence S 0"51'42" W a distance of 135.43 feet to a point; Thence S 5059'44" W a distance of 78.23 feet to a point; Thence S 0'51'42" W a distance of 139.88 feet to a point; Thence S 34`58'35" W a distance of 42.56 feet to the POINT OF BEGINNING. Said described parcel contains 20,765 square feet or 0.477 acres and is subject to covenants, easements and restrictions of record. fix` iFT-n- 74 i"l_-_;m.-l'Tlxi-ll PARCEL 1 36 31 SEC t/4 COR. BRASS CAP USTICK ROAD AND MERIDIAN ROAD +, ACHD PROJECT NO.: 313039 55534)�� OWNER: CITY OF MERIDIAN �1 ASSESSOR PARCEL # SO436449680 50'51'42"4V 71.07' , +, LOCATED IN: 5.36, T.4N., R.M., W., B.M., ADA CO. IDAHO S89'08'18"E N89-08'1 8"W 23.67' 37.00' , SO'S1'42"W i 4.13' j + S7'47'29"W N7'47'29"E wI I 84.7 8' 1 86.41' S7'47'29"W L r` i 82.30' r m 't N89'00'34"W 24.17' N0'51'42"E i 740.36' I 52'01'43"W , + I 283.35' NO SCALE Co r�1 ' Q CO Q In ROW REQD, = 20,765 SF a: N (0.477 AC.) , Q j o PE #1 REQD, = 2,074 SF S89'08'1 8"E 4.00' I � LL) 25' (0.048 AC,) � z PE #2 REQD. = 445 SF SO'51'42"W 111,27' (0.010 AC) w � � SO'51'42"W PE {j3 REQD. = 570 SF NO'S 1'42"E 111 27,�-�-- 135.43' Q z (0.013 AC,) I N89-08'1 8"W' N89,08,18"w I / 53.00' 4.0,00' ® 1 � POB-PE#2 r , 55'59'44"W rr f 78.23' r o r p yp �? Ay �/ 50'51'42"W N6'34' -9"E 139.88' 3 b ID*� o S34'58'35"W 120.60 USTICK ROAD 42.56' r S89' 20'08 "E NO' S1 ' 42"E 143.82' 75.00' 534'58'35"W N89'20.08"W 4.84' ADA COUNTY NO'39'52"E 141.09' 4.00' N45'45'1 7"E 35.42' ' �HWAY DISTRICT %g54 "" �+ S89'2008"E 775 ADAMS STREET POB-PEP3 # + 21.87' ZDEN CITY, t0AH0 83714 36 T. 4. _ �— NO _'39'52"E - + 83.70' 36 3 1 SURVEY SECTION 208-387-6245--- t T.3N, 48,00 _ Baa N89'20'08"W-2662.36'---------�� MARCH 2014 POB—ROW 3 uj -- wax Project Name: Ustick Road & Meridian Road Intersection Project: 313039 Name: City of Meridian & Meridian Parks and Recreation Commission R/W Parcel No: 1 T4N, R1 W, Sec. 36 APN:SO436449680 (Reserved for Ada County Recorder) THIS INDENTURE, made this day of , 2014, City of Meridian, a municipal corporation, the "GRANTOR", and Ada County Highway District, a body politic and corporate of the State of Idaho, the "GRANTEE"; WITNESSETH: FOR VALUE RECEIVED, the GRANTOR has granted, conveyed, bargained and sold, and does hereby grant, bargain, sell, convey and confirm to the GRANTEE and its successors and assigns forever, that certain real property situated in the COUNTY OF ADA, STATE OF IDAHO, more particularly described on Exhibit "A" attached hereto and by this reference made a part hereof, TOGETHER with all and singular the buildings, structures, improvements and fixtures thereto, the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining, the reversion and reversions, remainder and remainders, and rents, issues and profits thereof (the "Premises"). SUBJECT TO those exceptions to title to which this conveyance is expressly made subject, and those made, suffered or done by the GRANTEE: (a) the GRANTOR covenants to the GRANTEE, its successors and assigns, that the GRANTEE shall enjoy the quiet and peaceful possession of the Premises; and (b) GRANTOR warrants to the GRANTEE, its successors and assigns, that GRANTOR is the owner of said Premises in fee simple and has the right and authority to convey the same to GRANTEE, and GRANTOR will defend the GRANTEE's title from all lawful claims whatsoever. The current address of the GRANTEE is: Ada County Highway District 3775 Adams Street Garden City, Idaho 83714-6499 The Ada County Highway District (ACHD) is committed to compliance with Title VI of the Civil Rights Act of 1964 and related regulations and directives. ACHD assures that no person shall on the grounds of race, color, national origin, gender, disability or age, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any ACHD service, program or activity. WD - Page 1 of 2 Version: 5/22/08 Project Name: Ustick Road & Meridian Road Intersection Project: 313039 Name: City of Meridian & Meridian Parks and Recreation Commission R/W Parcel No: 1 T4N, R1W, Sec. 36 APN: SO436449680 IN WITNESS WHEREOF, this WARRANTY DEED has been duly executed by the GRANTOR, the day, month and year herein first above written. Grantor: City of Meridian, a municipal corporation Mayor Tammy de Weerd ATTEST: By: , City Clerk STATE OF IDAHO ) ) ss. County of Ada ) On this _ day of , 2014, before me, the undersigned, a Notary Public in and for the State of Idaho, personally appeared Tammy de Weerd and , known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed this 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 month and year in this certificate first above written. (SEAL) Notary Public for Idaho Residing at: My commission expires: The Ada County Highway District (ACRD) is committed to compliance with Title VI of the Civil Rights Act of 1964 and related regulations and directives. ACHD assures that no person shall on the grounds of race, color, national origin, gender, disability or age, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any ACHD service, program or activity. WD- Page 2of2 Version: 5/22/08 { ;h ly >c1 '''XNAk ACHD Project: Ustick Road and Meridian Road ACHD Project No.: 313039 Owner of Record: City of Meridian Ada Co. Parcel No.: SO436449680 S.36, T.4 N., R.1 W., B.M. Parcel 1 Right -of -Way Requirement A parcel of land situated in the SE 1/a of the SE 1/a of Section 36, Township 4 North, Range I West, Boise Meridian, Ada County, Idaho, and being a portion of the parcel described in the Warranty Deed recorded as Instrument Number 95070396 in the ffice of the Recorder, Ada County, Idaho, more particularly described as follows: COMMENCING at an found aluminum cap marking the southeast corner of said SE 1/ of the SE 1/ from which a brass cap marking the northeast corner of the SE 1/4 of said Section 36 bears N 0°17'06" E a distance of 2658.38 feet; Thence N 89°20'08" W a distance of 83.70 feet along the south line of said SE U4 of the SE 1/ to a point; Thence leaving said south line N 0°39'52" E a distance of 48.00 feet to a point on the northerly right-of-way of Ustick Road as described in the Warranty Deed recorded as Instrument Number 106002090 in the office of the Recorder of said County, said point being the POINT OF BEGINNING. Thence along the northerly and westerly boundary described in last said Warranty Deed the following courses: Thence S 89°20'08" E a distance of 21.87 feet to a point; Thence N 45'45'17" E a distance of 35.42 feet to a point; Thence N 00°51'42" E a distance of 75.00 feet to a point; Thence N 06°34' 19" E a distance of 120.60 feet to a point lying 25.00 feet west of the east line of said SE 1/a of the SE'/, said point being on the westerly right-of-way of Meridian Road; Thence leaving the westerly boundary described in last said Warranty Deed, N 0°51'42" E a distance of 740.36 feet along the westerly right-of-way of Meridian Road; Thence leaving said westerly right-of-way, S 5059'44" W a distance of 134.08 feet to a point; Thence S 0°51'42" W a distance of 71.07 feet to a point; AV 54 , ,;-' me?,..,::. �-..� t . luau, Page 2, continued ACRD Project: Ustick Road and Meridian Road ACRD Project No.: 313039 Owner of Record: City of Meridian Ada Co. Parcel No.: SO436449680 S.36, T.4 N., R.1 W., B.M. Parcel 1 Right -of -Way Requirement Thence S 7147'29" W a distance of 84.78 feet to a point; Thence S 2°01'43" W a distance of 283.35 feet to a point; Thence S 0"51'42" W a distance of 135.43 feet to a point; Thence S 5"59'44" W a distance of 78.23 feet to a point; Thence S 0'51'42" W a distance of 139.88 feet to a point; Thence S 34"58'35" W a distance of 42.56 feet to the POINT OF BEGINNING. Said described parcel contains 20,765 square feet or 0.477 acres and is subject to covenants, easements and restrictions of record. PARCEL 1 USTICK ROAD AND MERIDIAN ROAD ACHD PROJECT NO.: 313039 OWNER: CITY OF MERIDIAN ASSESSOR PARCEL # S0436449680 LOCATED IN: S.36, T.4N., R.1 W., B.M., ADA CO. IDAHO NO SCALE ROW READ, = 20,765 SF (0,477 AC.) PE #1 RECD. = 2,074 SF (0,048 AC.) PE #2 RECD. 445 SF (0,010 AC.) PE #3 REOD, 570 SF (0.013 AC.) S5'59'44"W 134,08' SO'5 V4 2 "W 71.07' S89'08' 18"E 23,67' SO'51'42"W 4.13' N7'47'29"E 86,41' S7'47'29"W 82.30' N89'00'34"W 24.17' S2'01'43"W 283,35' S89'08'1 8"E 4,00' SO'5 V4 2 "W 111,27' NO*5 1'42"E 111.27 N89'08' 18"W 4,00' o6w N Rm- N US r r A 36 31 SEC 1/4 COR. BRASS CAP N89'08'1 8"W 37,00' S7'47'2q"W 84.78' ri o 25'1 NO*5 1'42"E 740,36' I SO'51'42"W 135.43' N89'08'1 8"W 53,00' POB-PE#2 S5*59'44"W 78.23' L SO*51'42"W 139,88' N6'34",9 "E 0 534'58'35"W 120.60* JSTICK ROAD 42.56' S89'20'08"E NO*51'42"E 143.82' 75.00' 534*58'35"W N69'20'08"W 4.84' 141.09' NQ'39'52"E N45*45'1 7"E 35.42' 4.00' pi.I / ov - - — - — — -- POB-PE#3 S89'20'08"E 21.87' 36I 1 NO'39'52"E 7 0' 3 8.00 - I 31 Go, --- N89*20'08"W-2662,36 - ------ 1 6 tr- .o ('w POB -ROW Project Name: Ustick Road & Meridian Road Intersection Project: 313039 Name: City of Meridian & Meridian Parks and Recreation Commission R/W Parcel No:1 T4N, R1 W, Sec. 36 APN:SO436449680 TEMPORARY CONSTRUCTION EASEMENT THIS INDENTURE, made this _`day of , 2014, by and between, City of Meridian, a municipal corporation, hereinafter "GRANTOR", and Ada County Highway District, a body politic and corporate of the State of Idaho, hereinafter "ACHD"; WITNESSETH: FOR VALUE RECEIVED, and for the term and uses and on the terms and conditions hereinafter set forth, GRANTOR does hereby grant to ACHD an easement (the "Easement") under, over, through and across that certain real property owned by GRANTOR situated in the COUNTY OF ADA, STATE OF IDAHO more particularly described/depicted on Exhibit "A" attached hereto and by this reference made a part hereof (the "Servient Estate"). This grant is made on the following terms: 1. Authorized Uses By ACRD. ACHD's use of the Easement granted herein shall be in connection with the construction and improvement of a highway on adjoining and abutting property owned by ACHD municipally known as Ustick Road & Meridian Road, (the "Dominant Estate"), for access and egress for equipment and vehicles, for construction, excavation, storage of earth and other materials thereon, for surveying, and for all other reasonable uses that are necessary, advisable or convenient to ACHD in connection with such highway construction and improvement project, and for ingress and egress to and from the Dominant Estate. 2. Use by Others Under ACHD. ACHD's right to so use the Servient Estate during the term of the Easement shall extend touse by ACHD's Commissioners, employees, contractors and agents. 3. Term. This Easement shall be for a term commencing on the date of the GRANTOR's execution of this Indenture and terminating on the completion of the highway construction and improvement project on the Dominant Estate. On the expiration of the term of this Easement, the rights and privileges granted to ACHD hereunder shall cease and terminate and this Easement shall be null and void and of no further force and effect. 4. Indemnification. ACHD hereby agrees to indemnify and hold GRANTOR harmless from and against any and all claims for loss, injury, death and damage caused by or arising out of the use of the Servient Estate by ACHD, its Commissioners, employees, contractors and agents, hereunder, and including, without limitation, attorney's fees and costs that might be incurred by GRANTOR in defending any such claims. 5. Restoration on Expiration of Term. On the expiration of the term of this Easement, the Servient Estate shall be restored by ACHD, at its sole cost and expense, to at least as good a condition as existing on the date of this Indenture. Temporary Construction Easement Version 5/2012 Project Name: Ustick Road & Meridian Road Intersection Project: 313039 Name: City of Meridian & Meridian Parks and Recreation Commission R/W Parcel No: 1 T4N, R1 W, Sec. 36 APN:S0436449680 6. Binding Effect. This Easement, and the covenants and agreements herein contained, shall, during the entire term hereof, be binding upon and inure to the benefit of (i) ACHD AND GRANTOR, respectively, and their successors and assigns, and (ii) their respective interests in the Dominant and Servient Estates. 7. Appurtenant, The Easement herein granted is appurtenant to the Dominant Estate. TO HAVE AND TO HOLD this Easement unto the ACHD for the term hereinabove set forth. GRANTOR covenants to ACHD that ACHD shall enjoy the quiet and peaceful possession of the Servient Estate throughout the term hereof; and, GRANTOR warrants to the ACHD that GRANTOR is lawfully seized and possessed of the Servient Estate and has the right and authority to grant this Easement to ACHD. IN WITNESS WHEREOF, this Temporary Construction Easement has been duly executed by the parties, the day, month and year herein first above written. ATTEST: GRANTOR: City of Meridian, a municipal corporation e -1 -6C ---n. Cl— , k Cry FTr� t 1 �= ,0�t Clerk R ecu-y�-'- I ( i ADAC TY I WAY ISTRICT: Dave Serdar Right -of -Way Supervisor Barbara Burton Sr. Right -of -Way Agent NO ACKNOWLEDGEMENT NEEDED, THIS EASEMENT IS NOT TO BE RECORDED The Ada County Highway District (ACHD) is committed to compliance with Title VI of the Civil Rights Act of 1964 and related regulations and directives. ACHD assures that no person shall on the grounds of race, color, national origin, gender, disability or age, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any ACHD service, program or activity. Temporary Construction Easement Version 5/2012 5 z K � - ;•;[!!(I!�!i!� eo 0o em0000 OL5i ammo m wo ) � $ - � I I ,epi, �I�I�1■i�l�� W8 . -- E vasa' 111 41 F x � s$$g _ - ✓�,_- FR N LL LL 000000000©�00���®�0 I 1 Q I I ,epi, �I�I�1■i�l�� . 111 41 Iloin ■■■111■�■�■�1■ !, ON IS��1■ ■■■■111®■■I■ e I ■■■I■'1■I■■I■ I I I I a / a e o A ,•pa i :.�� 13 ■II � iIlion I ,e /ea�l4 : ® - MENNEN LU 74 S ^� 3 E ° e688 t �'ai8 Z m aW0 OP.:::. 74 October1 Future Meeting Topics Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS DATE: October 7, 2014 IT . 11 Executive Session Per Idaho State Code 67-2345(1) (d) -To Consider Records That Are Exempt From Disclosure As Provided In Chapter 3, Title 9, Idaho Code MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS