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2015-05-12(::�WIEF1ANti-, IDCITY COUNCIL WORKSHOP IDAHO MEETING AGENDA City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, May 12, 2015 at 3:00 PM 1. Roll -Call Attendance X David Zaremba X Joe Borton X Charlie Rountree X Keith Bird X Genesis Milam X Luke Cavener X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Adoption of the Agenda Adopted 4. Proclamation A. Proclamation for National Historic Preservation Month 5. Consent Agenda A. Findings of Fact, Conclusions of Law and Order: RZ 15-002 Calderwood Business Park by GGR, LLC Located Southeast Corner of S. Meridian Road and E. Calderwood Drive Request: Rezone of 4.08 Acres of Land from the L -O Zoning District to the C -G (2.73 Acres) and L -O (1.35 Acres) Zoning Districts B. Findings of Fact, Conclusions of Law and Order: MCU 15-001 Calderwood Business Park by GGR, LLC Located Southeast Corner of S. Meridian Road and E. Calderwood Drive Request: Conditional Use Permit Modification to Modify the Site Plan and Certain Conditions Approved with the Larkspur Planned Unit Development (CUP 04-025) C. Community Development Block Grant (CDBG) Sub -recipient Agreement - Meridian Elementary School Fitness Path D. Bienville Square Subdivision No. 3 Water Main Easement E. Resolution No. 15-1065: VAC 15-002 Calderwood Business Park by GGR, LLC Located Southeast Corner of S. Meridian Road and E. Calderwood Drive Request: Vacate a Portion of Note #14 of Larkspur Subdivision That Meridian City Council Meeting Agenda — Tuesday, May 12, 2015 Page 1 of 3 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. Requires Lot 5, Block 1 to Provide Commercial Access to Lot 2, Block 1 AND Reduce the Landscape Buffer Width from 40 Feet to 35 Feet F. Resolution no. 15-1059A: Amending Citywide Records Retention Schedule To Add Updates To Meridian Police Department Provisions G. Approve Minutes of March 30, 2015 City Council Special Budget Meeting H. Approve Minutes of April 14, 2015 City Council Workshop Meeting I. Approve Minutes of April 21, 2015 City Council PreCouncil Meeting J. Approval of Minutes for April 21, 2015 City Council Meeting K. Approve Minutes of April 28, 2015 City Council Regular Meeting L. Approve Minutes of May 5, 2015 City Council Regular Meeting M. Approval of Contract Change Order No. 8 to the Existing Agreement for Independent Contractor Services for "WWTP Fermentation and Odor Control Project to Contractors Northwest for the Not -To -Exceed Amount of $197,881.00 N. Approval of Award of Bid and Agreement to AME ELECTRIC, INC. for the "WWTP AERATION BASIN PLC UPGRADES" Project for the Not -To -Exceed Amount of $52,486.00 O. Approval of Award of Bid and Agreement to Owyhee Construction Inc for the Water Line Replacement - E. Loch Meadow and N. Laughridge to End Construction Project for the Not -to -Exceed amount of $115,069.00 P. Approval of Change Order No. 1 to Schmidt Construction Co., Inc. for the "NW 8th STREET SEWER TRUNK MAIN — PHASE 3 BROADWAY TO CHERRY LANE" Project for the Not -To -Exceed amount of $133,612.66 Q. Award Agreement to KUSHLAN ASSOCIATES, LLC. for the "URBAN RENEWAL DISTRICT PLANNING" Project for the Not -To -Exceed Amount of $23,850.00 6. Items Moved From Consent Agenda None 7. Department Reports A. Community Development: Annual Update B. Meridian Development Corporation Annual Report Presentation Meridian City Council Meeting Agenda — Tuesday, May 12, 2015 Page 2 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. C. Petition for Exclusion of Land from Nampa Meridian Irrigation District and Annexation to New York Irrigation District Title 43 Chapter 10 & 11 Idaho Code Approved D. Parks and Recreation Department: 2015 Meridian Pathways Network Map Update E. City Council Liaison/Committee Updates 8. Ordinances A. Ordinance No. 15-1644: An Ordinance (AZ 15-001 - Paramount Southeast) for the Rezone of a Parcel of Land Being a Portion of the SE 1/4 of Section 25, Township 4 North, Range 1 West, Ada County, Idaho Establishing and Determining the Land Use Zoning Classification of Said Lands from C -G to R-40 and from R-40 to C -G and Providing an Effective Date Approved 9. Future Meeting Topics 10. Executive Session Per Idaho State Code 67-2345 (1)(f)(c)(d)(a): (f) to Consider and Advise Its Legal Representatives in Pending Litigation; (c) to conduct deliberations concerning labor negotiations or to acquire an interest in real property, which is not owned by a public agency; (d) to consider records that are exempt from disclosure as provided in chapter 3, title 9, Idaho Code; AND (a) To consider hiring a public officer, employee, staff member or individual agent, wherein the respective qualities of individuals are to be evaluated in order to fill a particular vacancy or need. This paragraph does not apply to filling a vacancy in an elective office or deliberations about staffing needs in general Into Executive Session at 4:38 p.m. Out of Executive Session at 6:06 p.m. Adjourned at 6:06 p.m. Meridian City Council Meeting Agenda — Tuesday, May 12, 2015 Page 3 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council Workshop May 12 2015 A meeting of the Meridian City Council was called to order at 3:02 p.m., Tuesday, May 12, 2015, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Charlie Rountree, Keith Bird, David Zaremba, Joe Borton, Genesis Milam and Luke Cavener. Others Present: Bill Nary, Jacy Jones, Bruce Chatterton, Warren Stewart, Caleb Hood, Jay Gibbons, Tracy Basterrechea, Mark Niemeyer, 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 X Mayor Tammy de Weerd De Weerd: Well, good afternoon. I would like to welcome all of you here to our City Council meeting. Thank you for being in attendance. For the record it is Tuesday, May 12th. It's two minutes after 3:00. We will start with roll call attendance, Madam Clerk. Item 2: Pledge of Allegiance De Weerd: Item No. 2 is the Pledge of Allegiance. If you will all rise and join us in the pledge to our flag. (Pledge of Allegiance recited.) Item 3: Adoption of the Agenda De Weerd: Item No. 3 is the adoption of the agenda. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: On Item 8 the ordinance number is 15-1644 and with that -- and on item 5-E the resolution number is 15-1065. And with those additions I move that we approve the agenda. Bird: Second. De Weerd: I have a motion and a second to adopt the agenda. All those in favor say aye. All ayes. Motion carried. Meridian City Council Workshop May 12, 2015 Page 2 of 30 MOTION CARRIED: ALL AYES. Item 4: Proclamation A. Proclamation for National Historic Preservation Month De Weerd: Item No. 4 is a proclamation and I'm going to move down to the podium and I will ask if we can have our Historical Preservation members to come up and join me. If you will just come up and stand up here. So Ralph can take -- C.J. can take the picture. Frank, come on. Thank you. I am joined by members of our Historical Preservation Commission and it's with great pleasure that I read this proclamation. Whereas historic preservation is an effective tool for managing growth and sustainable development, revitalizing neighborhoods, fostering local pride and maintaining community character, while enhancing livability and whereas Meridian has a strong Historic Preservation Commission and historic -- historical society who work together hard -- who work together to preserve the character and fabric of the historically significant areas and structures, to honor and preserve our rich heritage for future generations and whereas it is important to celebrate the role of history in our lives and the contributions made by dedicated individuals in helping to preserve tangible assets of Meridian's heritage, which shapes us as a community and whereas a River Runs Through It -- we have an imaginary river that runs through our community -- and this is the 2015 theme for the National Preservation Month cosponsored by the City of Meridian's Historical Preservation Commission and the National Trust for Historic Preservation and whereas the City of Meridian is very proud to announce Meridian's downtown historic walking tour was presented with the Orchid Award by Preservation Idaho and will be launching the second phase of our historic walking tour. That's a big deal. And whereas -- oh. And, wherefore, I, Mayor Tammy de Weerd, of the City of Meridian, do hereby proclaim National Preservation Month in the City of Meridian and I call upon the community to join me in celebrating and recognizing historic preservation as a key component to shaping our today and our tomorrows and I will present this to our chair and see if you would like to add any words. But while I have you standing here before I present this, I do want to thank each you for the role you play in preserving the history of our community and making it relevant today and for our future generations. Certainly the historic walking tour has been a true treasure, in addition to our downtown, in celebrating our roots and inspiring our future generations -- our elementary school students to caring about where we have been as a community and using it in our schools and telling the story in their own words on a website. It has become a model for other communities in our state and you have really set a new bar -- a new level of what people can be doing in their communities at a relatively minimal cost to preserve that character and the tradition. So, thank you each and every one of you for what you're doing in our community. Johnston: I will make this short. On behalf of the citizens of the City of Meridian and the Historic Preservation Commission, I'd like thank Madam Mayor, City Council, Citizens of Meridian, all of our volunteers for helping us preserve the cultural and architectural history of Meridian and making this a great place to live. Thank you. Meridian City Council Workshop May 12, 2015 Page 3 of 30 De Weerd: Jacy, did you want to say anything? After you're done saying something you can turn that around. Jones: Okay. Well, I just want to say thank you to the Historic Preservation Commission for allowing me to do something that I love and for our supporters at the city and with MDC. We couldn't do it without them -- without that awesome partnership that we have. So, thank you to you all. De Weerd: Thank you. I will tell you if you have been in our downtown the last week or so, it's been filled with little third graders that are running through City Hall and our downtown, enjoying this walking tour and learning more about our community and where we have come from and there is just a great deal of enthusiasm and that is really exciting to see. So, this has been a real added plus to our schools and the additional benefit they get when they come to downtown, that they not only now see City Hall and the old school house, they have that opportunity to walk -- to have a history walk and that's something that really lacked in the past and has really been enriched because of the historic walking tour. So, again, congratulations and congratulations on the Orchid Award. It's much better than an onion. So, thank you. Item 5: Consent Agenda A. Findings of Fact, Conclusions of Law and Order: RZ 15-002 Calderwood Business Park by GGR, LLC Located Southeast Corner of S. Meridian Road and E. Calderwood Drive Request: Rezone of 4.08 Acres of Land from the L -O Zoning District to the C -G (2.73 Acres) and L -O (1.35 Acres) Zoning Districts B. Findings of Fact, Conclusions of Law and Order: MCU 15-001 Calderwood Business Park by GGR, LLC Located Southeast Corner of S. Meridian Road and E. Calderwood Drive Request: Conditional Use Permit Modification to Modify the Site Plan and Certain Conditions Approved with the Larkspur Planned Unit Development (CUP 04-025) C. Community Development Block Grant (CDBG) Sub -recipient Agreement - Meridian Elementary School Fitness Path D. Bienville Square Subdivision No. 3 Water Main Easement E. Resolution No. 15-1065: VAC 15-002 Calderwood Business Park by GGR, LLC Located Southeast Corner of S. Meridian Road and E. Calderwood Drive Request: Vacate a Portion of Note #14 of Larkspur Subdivision That Requires Lot 5, Block 1 to Provide Commercial Access to Lot 2, Block 1 AND Reduce the Landscape Buffer Width from 40 Feet to 35 Feet Meridian City Council Workshop May 12, 2015 Page 4 of 30 F. Resolution no. 15-1059A: Amending Citywide Records Retention Schedule To Add Updates To Meridian Police Department Provisions G. Approve Minutes of March 30, 2015 City Council Special Budget Meeting H. Approve Minutes of April 14, 2015 City Council Workshop Meeting Approve Minutes of April 21, 2015 City Council PreCouncil Meeting J. Approval of Minutes for April 21, 2015 City Council Meeting K. Approve Minutes of April 28, 2015 City Council Regular Meeting L. Approve Minutes of May 5, 2015 City Council Regular Meeting M. Approval of Contract Change Order No. 8 to the Existing Agreement for Independent Contractor Services for "WWTP Fermentation and Odor Control Project to Contractors Northwest for the Not -To -Exceed Amount of $197,881.00 N. Approval of Award of Bid and Agreement to AME ELECTRIC, INC. for the "WWTP AERATION BASIN PLC UPGRADES" Project for the Not -To -Exceed Amount of $52,486.00 O. Approval of Award of Bid and Agreement to Owyhee Construction Inc for the Water Line Replacement - E. Loch Meadow and N. Laughridge to End Construction Project for the Not -to -Exceed amount of $115,069.00 P. Approval of Change Order No. 1 to Schmidt Construction Co., Inc. for the "NW 8th STREET SEWER TRUNK MAIN — PHASE 3 BROADWAY TO CHERRY LANE" Project for the Not -To -Exceed amount of $133,612.66 Q. Award Agreement to KUSHLAN ASSOCIATES, LLC. for the "URBAN RENEWAL DISTRICT PLANNING" Project for the Not - To -Exceed Amount of $23,850.00 De Weerd: Okay. Item No. 5 is our Consent Agenda. Rountree: Madam Mayor? Meridian City Council Workshop May 12, 2015 Page 5 of 30 De Weerd: Mr. Rountree. Rountree: With the addition to Item 5-A with the resolution number, I move that we approve the Consent Agenda, authorize the clerk to attest and the Mayor to sign. Bird: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. Madam Clerk, will you call roll. Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 6: Items Moved From Consent Agenda De Weerd: There were no items moved the Consent Agenda. Item 7: Department Reports A. Community Development: Annual Update De Weerd: So, we will move to Item 7-A under our Community Development Department and I will turn this over to Bruce. Chatterton: Madam Mayor, Council Members, as I was putting this presentation together it reminded me how proud I am of our Community Development team. Some of them are here. Not all of them. We do have to have customer coverage. Hopefully all of them are going to get a chance to listen in if they are not actually serving customers. But I'd just like the whole team to just stand up for a second. You may know some of them or all of them, but -- if you want to stand up, guys. They -- it's funny how it's kind of fallen into -- there is nobody in the middle. It's kind of like friends of the groom, friends of the bride here tonight. But, you know, we are a small department, but we do a lot and I think it reminds me a lot of the overall Meridian Way, how we try to do more with less. You know, our customers range all the way from just an average homeowner to a multi-million -- multi-million dollar developer. We serve low income individuals through our CDBG program. You know, we work with large nonprofits, small nonprofits. Really very, very proud of this team and what they are able to produce with, actually, just a little. Every year we should remind ourselves of why we exist. I'm going to cover that this just a little bit. Every year I try to cover the threats to our community and some of the responses to those threats. I want to talk a little bit about some recent staffing changes and talk about the state of our development market here, how busy we are. I'm going to talk a little bit about updates and special projects primarily in the planning area. Talk about what's happened with economic development over the past year. Looking forward -- some things Meridian City Council Workshop May 12, 2015 Page 6 of 30 that we -- should be on the -- maybe some storm clouds on the horizon for 2015 and at any point, not just at the end, I'd like your thoughts and direction. So, please, do interrupt. There is nothing worse than a static slideshow that's not interactive. Please do. I invite you to interrupt -- to interrupt with any questions or any comments. Why do we exist as a department? First Community Development was created because two of the major portions of our permitting system were in different departments. Development Services and Public Works and planning was its own small department. This gives the Mayor that span of control over development review, the permitting system. We can look at it as a coherent whole and hold the team accountable and they are accountable. Very, very important. We are Community Development even before Economic Development became part of Community Development three years ago, has always been part and integral to our economic development efforts. We can't divorce those two things. That's a big reason why we do a lot of what we do. And first and foremost we are here along with other city departments and our partners in the community to enhance and preserve Meridian's quality of life, to take those things that are great about our community, make them better, and to build on what we already have. We do have three divisions in Community Development. Development Services, sometimes called the Building Department, but it's more than that, of course, with our very strong land division. The Planning Division and Economic Development. And I showed this to you last year, but I'm just going to flash it now. These three divisions get involved from beginning to end with the development process. Community development is not just about the development process, but that's often what you all see and often you see in your land use hearings -- a good portion of your hearings are planning issues around entitlements and that sort of thing. But there is -- there is much more going on and so Economic Development and Development Services, often you're not seeing a lot of what they are doing from beginning to end. But all the way from business recruitment to trying to retain the businesses that we have -- everything in between, all three divisions work together to do that. Last year we talked about several threats. At the time multi -family housing was really going gangbusters. It still is to a certain extent. But we also felt -- I think a lot of us were feeling that the message about the need to have diverse housing in our community wasn't completely getting -- getting across. The -- the market really was then and continues to play catch up and those are the most I think visible growth pressures besides things like traffic and construction projects. The fact that folks are turning out and are concerned about apartments, about multi -family, was really -- I think felt like a -- a bigger threat at the time. So, at the time we said we need to redouble our education efforts. We also need to redouble our efforts to try to make sure that different housing types are compatible with each other. The planners do that, of course, with every -- every application they work on. Keep our zoning code up to date and we are continuously doing that. Continue to promote fair housing, the law of the land, to make sure that we have diverse housing opportunities available for everyone. Some of this is quieted down a little bit. We still need to keep our efforts going, but the housing market has cooled somewhat, but still I think our multi -family housing market would be the envy of many other communities. But it's not -- and as you will see the numbers here in a minute, it is not as strong as it was. Perhaps it was -- it was actually overheated and the market was correcting itself. We also said last year that we felt that we were at a competitive disadvantage compared to other communities, in business recruitment. At the time we lacked clear economic development Meridian City Council workshop May 12, 2015 Page 7 of 30 targets. There was some issues around enough of available industrial sites at a price point that were suitable for some of the users that we were trying to attract. Urban renewal was not really part of our incentive package and we lacked an organized and coherent ready team to respond to these issues. I'm really happy -- and we will talk a little bit more about this as I go through it, but I'm really happy that every single one of these responses that we talked about a year ago we have made significant progress on. Perhaps we still need to work on the available industrial sites. Part of that is -- part of that is a market effect that we really can't change, that industrial land is simply more expensive in Meridian than -- than elsewhere. It's hard for us to write that down, but on each of these other points I think you will see we have made a significant progress from just a year ago. So, those are the 2014 threats. Very quickly I wanted to talk about some of the staffing changes. As you all remember, we did add one position and that was that of building official. Brent Bjornson was promoted to fill that position and he's doing a fantastic job. I think as Council Member Zaremba said at the time, it's difficult to -- we had a contractor in that role before. You can outsource work, such as plan review or inspection. Much more difficult to outsource authority and so now we have this ability to really push the Meridian Way and our CARE values through our building official, where it was much more difficult to do that in the past. Also happy that we have been joined by Sam Zahorka. He was part of my team when I worked in a neighboring town. Was really happy that we were able to recruit him. Sam has lived in Meridian. He lives just what -- you say you're four minutes now? Five minutes. Has three kids he's raised in Meridian. Very much a part of our community and really wanted to join us. He's going to be along with Brent. Very good fit for our -- our customer service culture here. De Weerd: Welcome, Sam. Zaremba: And his last name starts with a Z. Chatterton: There you go. Paula's not here? Yeah. She's one of the folks helping with coverage. We are also really happy to have brought in Paula Middleton. Paula had been a temp with us and just fit the role of permit technician to a tee. You notice Paula standing there. Well, she's got -- because she was concerned about the effects of too much sitting on her health, like a lot of us, she was able to work with IT and her management to get a stand up position there. I don't think I have seen her sit down since they got that work station where she can stand up. So, she's always there ready to greet customers and work with them. She has been a great addition. In the Planning Division -- as you all know, Bill Parsons was promoted to planning supervisor when Justin Lucas left us and went back to ACHD and he has been, again, a great fit with his knowledge base and we were happy that we could steal C.J. from the Mayor's office and he's doing great things as well. We are really happy to have him. You have also heard quite a bit from Sean Kelly, our CDBG administrator. Sean has -- is new to us and is currently in a part-time position, but has really had a lot of life experience and career experience and is really filling that role I think very, very well. Gives great presentations here from the podium and I think our CDBG program is in -- is in great hands. We are going to talk a little bit more about the CDBG program coming up. Well, the numbers. Under Planning, certificates of zoning compliance are -- note there is no single number that tell us how we are doing. One might Meridian City Council Workshop May 12, 2015 Page 8 of 30 think, well, it's the number of dwelling units or it's square footage commercial. There is no single number that tells you. We like to look at a -- at a variety of numbers to see how busy we are and how much our community is growing. Just one of those -- there is several here -- is the certificate of zoning compliance, the number that we have processed in a given year. This, again, is an administrative process wherein the -- we make sure that the -- the use and the folks moving in have the zoning occupancy and that the conditions -- development agreement conditions, CUP conditions, have all been met. But -- so that's an administrative thing which you all really don't see in a public hearing context. So, those have increased from 124 to 156 in the current year. Conditional use permits are about the same as -- as last year. Preliminary plats have almost doubled. Final plats holding about the same as a year ago and annexations ditto. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: Go back to that previous slide. Chatterton: If I can. This is -- something is going on with the -- I know. The icon is not there. Caleb, can you reverse to that one? It's only going forward up here. Bird: There you go. Borton: You made a comment of preliminary plats had doubled. Are the dates transposed on this? The -- Chatterton: Very sorry. Yes. That's -- no, I believe that those are -- are they transposed? Hood: No. They are correct on here. Chatterton: I read it incorrectly then. Rountree: Plats are down. Chatterton: Yeah. Thank you for pointing that out. Yes. So, we -- yeah, there actually is a reduction of some of those numbers. Some of the matrix that we have. It's great to get the co-op at The Village. You have all have been, of course, the city's partner on the Boys and Girls Club gymnasium well underway now. Recreational uses such as Roaring Springs. The expansion of the Kendall Ford dealership. Meridian High's expansion. Victory Middle School and others. So, these are just a few of the prominent projects that we have had. No problem with transposed numbers in this case. For single family, again, we are holding right about the same as last year. And I should point out that this is a year since I last spoke to you with the annual update. Single family values are almost identical. Multi -family, again, has fallen, but, again, it may have been overheated and the market was -- was correcting. So, we are running right in at about -- a little bit more than 50 Meridian City Council Workshop May 12, 2015 Page 9 of 30 percent of what we were doing last year and multi -family values, of course, are -- were down as well. Bird: Bruce? Excuse me, Madam Mayor. De Weerd: Uh-huh. Bird: Don't you think in the multi -family -- apartments and stuff usually take longer than a year to build, where a single you're getting, you know, four or five months. I think you probably -- a lot of that 47 million come into this year also. Chatterton: And, Madam Mayor, Council Member Bird, absolutely. One of the things we report to you is pipeline of available units and so that would be part of the supply chain for those units. Absolutely. For commercial. Again, holding steady the past two years for both the number of buildings and the overall value. New commercial square footage, again, is very comparable. TI has fallen somewhat, both -- not so much the number of projects, but in their overall value and in the square footage. So, commercial overall in terms of new commercial remain very strong. TI has fallen somewhat. In terms of definitive improvements, I think The Village probably had quite a bit to do with a lot of things we were permitting the previous year. One measure of how -- of our development activity has been revenues returned to General Fund. I hasten to add this is not profit from Community Development, these are -- these are revenues in excess of projections and as you can see we are back in the neighborhood of 2005, 2006 levels in terms of the amounts being returned to the General Fund. We are very happy that, you know, we have been able to contribute to the General Fund almost 14 million dollars since we have been tracking these numbers. Mostly planning projects. We found that our architectural standards that the -- the design guidebook that we had really was not the best. It was not well organized. It didn't fit our particular zoning districts that well in our particular settings and so Brian McClure has been working with other folks within Community Development and also with the development community on new architectural standards. These are much more coherent, clear, and they really fit Meridian's needs much better. It's important to adapt tools to what we are trying to do with our own particular setting. That's one of the reasons why we don't simply go and copy a zoning district from another city. We might take some ideas from it, but each city is different and with the -- with the project cut sheet from stickler you can -- you can lay out any setting -- what's appropriate and the examples here are appropriate developments for mixed use and, then, that transportation context is important as well. This is really important, because I think as everyone knows from time to time design review has been under attack in our state legislature. There are those that think that it's arbitrary, that it's the planning police, and some of the thoughts --some of the comments that have been made are that it's -- it's arbitrary. Well, it's really important to lay out clearly what our design standards are and that's what this -- that's what this -- what these architectural standards do. And as always working with the development community to develop them, we will have tools that work well for us. Transportation projects. The Saturday fun run was a real hill to be taken and it really helped us sort of get our -- our feet wet on -- on transit. Obviously, the Meridian Road interchange is a big impact on our community. Currently maybe somewhat of a negative one from Meridian City Council Workshop May 12, 2015 Page 10 of 30 construction impacts, but it's going to be a wonderful, positive for us ongoing. And, then, ongoing coordination of transportation with agencies such as VRT, COMPASS and ACRD. The code amendments that you have already seen this year and will see include -- and, again, we are working with a developer work group on these, not in a vacuum. We have made a lot of improvements to our standards for fencing next to pathways and open space, irrigation easements and common lots. Open space. Residential dimensional standards. Gravel mining. We almost don't allow at all, compared to what we -- the things -- the way things were just a year ago. And we have also begun looking at the -- our minimum sizes for single family homes and do those make sense and do we need to adjust those. So, I think there will be more to come on that. Current projects for our Community Development Block Grant program. The Idaho Avenue sidewalk project. The Meridian Elementary fitness path. The Storey Park ADA restrooms. Those are all examples of projects in our community. In general, not just the low and low moderate income targets of that program. We have been able to help the Meridian Food Bank and introduce the CATCH program to really help homeless families in particular gain housing. We are happy that we are going to be seeing an increase of about ten percent in the -- in the program. So, this upcoming year we will have available to us in the neighborhood of 330,000 dollars. Looking forward on some of the planning recommendations, we are talking with Nampa in particular about land use, mostly within the fields district and our common border all the way north to south, because we are growing together and we will talk about that in just a second. The ongoing UDC and design manual amendments -- and, again, working with the stakeholder groups, for growth management we -- part of our strategic plan is to develop and implement a sustainable development model to make sure that the patterns -- the development patterns that we are creating in Meridian are sustainable for us into the future, economically and otherwise. And, then, looking at our neighbors, north, south, east, west and how we expect to build out and to the extent possible talking to them and ongoing efforts in south Meridian on annexations within our own area of impact. Economic development. It was a year and a day ago that Sean Garritson with Pegasus presented the economic development strategy plan and audit to you all. As you remember, that plan laid out some industry targets, catalyst projects, and how to best use our limited resources for economic development. A lot has happened since then. The approach from Pegasus that he really worked on in concert with City Council, the Mayor, and other stakeholders was that we needed more than anything to collaborate more closely with our partners. MDC. The chamber. Really promote a downtown business association and through that collaboration work to create several catalyst projects. We didn't have names for them at the time, but it was suggested that we needed a tech center or a start-up center downtown. A downtown multi -use center and also take a look at the Ten Mile area, which is -- we have been -- it's been a subject of concern and interest from us for a long time, ever since we did in 2007 the -- the Ten Mile plan and through collaboration move those projects forward and I think you will agree we have had a lot of progress towards those goals. We talked earlier about the need and the lack of a ready team within Meridian. That is a group of folks from the business community that are energized to help us in our recruitment activities. Well, we have that now through the Meridian steering committee and the Meridian steering committee, which is under the auspices of the chamber also has strong representation from MDC and from the -- from our downtown business association as well and from other sort of folks that are Meridian City Council Workshop May 12, 2015 Page 11 of 30 -- perhaps just care about Meridian and that has led really I think to a new spirit of cooperation, a new energy and I'm really, really gratified at the response of our community. It's been a big change from even just a year ago. Already we have been able to take some hills. As you all know the New Ventures Lab opens next month in old city hall. We are very excited about that. We expect to do great things for our community and our downtown in particular, but if we had just taken that hill for the New Ventures Lab, that gives us the ability to -- to accommodate millennials in our downtown, to make our downtown a more interesting place. You know, you probably heard that a Pre Funk is opening in the Heritage building. That, along with Pie Hole -- there is some real interest I think in our downtown -- you know, Meridian -- downtown Meridian might actually be -- end up being somewhat cool by the end of the day. But even -- De Weerd: What? It already is cool. Chatterton: It's cool. And even if we just do some economic gardening that is around the New Ventures Lab, that's a great thing. We expect and know that we are going to go much further than that. De Weerd: Who are you? Chatterton: I have kids who are millennials, okay? And the -- the Ten Mile specific plan we, of course, produced a few years ago, now the chance to see that come to fruition with possibly a -- really launching a plan to -- for an urban renewal district and under the right circumstances perhaps attracting a large user. So, using urban renewal, then, as an economic development tool and as a way to promote business recruitment. And, of course, our downtown projects, the other projects that we are very keen on. The performing arts center. We say convention center here. The correct term, obviously, is conference center and we hope a hotel as well. And, as you know, the request for proposals will be issued next month for that project. We will learn a lot and I think it will be very, very interesting. We have had a lot of -- a lot of great feedback from the development community to date. Sort of the year in review for some of the numbers for economic development. According to the Department of Labor industry increases were retail, healthcare services, accommodation and food services, arts, entertainment and recreation and wholesale trade. The total number of jobs created in 2014 were 2,000. If you look at our economic development activities -- and, of course, this is primarily, but not limited to Brenda Sherwood, you will see that a lot of her work breaks down to business retention and expansion, business assistance, business recruitment, but there is also focus, there if you see the star. A lot of her work and my work now is really being devoted to economic development initiatives and this really would not have been the case from a year ago. It's a little bit sort of untraditional for an economic development program to focus on the catalyst projects, such as a hotel -conference center, performing arts center, New Ventures Lab, but it's a good thing. It's a good thing. But it's a big change from the way in which Brenda and others involved with economic development are spending their time from -- from a year ago. Looking forward. Really want to end on just not a down note, but just some things to be looking forward to. We are running lean. That's sort of the flip side of doing things the Meridian Way and rolling things up and doing more with Meridian City Council Workshop May 12, 2015 Page 12 of 30 less. The Development Services Fund, which is the Community Development portion General Fund, we have been told by Finance that we have had the smallest growth in overall budget over the past five years of any city department. We have also had the lowest increase in positions over the past five years. We have added just half an FTE during that period of time. There were a couple of years there where we actually got rid of some FTEs that -- we went down and that's -- we have added half an FTE versus a total of 53 for the rest of the city for that same period of time. We are currently undergoing a heavy workload for the subdivision infrastructure review portion. Our land division. We have a wonderful system for tracking sureties, bonds, other instruments that are our way of insuring that developers do what they say they are going to do in terms of infrastructure that's built correctly. We have a great system, but it is somewhat overloaded at this point. We are tracking 29 million dollars in outstanding sureties at any point within the process from the beginning to end and currently sureties are handled by nonspecialists within our Community Development Department. Basically folks that have another full-time job, kind of drop at the track surety and they, of course, have to work with the experts within Public Works and within Finance. Developers are complaining about the length of time to release sureties. So, looking forward to the budget -- I love this timing of this discussion. You will be seeing a proposal from Community Development to help alleviate that bottleneck. We are -- and, again, we are getting complaints. We think we have a solution and we will be talking to you about that at the right time in budget. Another threat. Our CDBG program is small, but really important and vital to us and Sean is a part-time staff member, but we are getting additional regulatory and reporting burdens from HUD. It always gets more complicated to deal with HUD. Even though we didn't have any audit findings from HUD last year, we came close. We had a couple of sort of verbal warnings. We are finding that we need more than just the 19 hours a week to properly administer this program. The good news -- and so we may need to enhance the position and not bring it to fully 40 hours a week, but somewhere in between the 19 and 40 hours. Just the right amount to get the -- get the work done that the job demands -- the position demands. The good thing is that this will be revenue neutral. It's part of the administration that we get as part of the CDBG program. So, again, a little -- a little flavor of what we will be talking to you about at budget time. Love to hear your thoughts, concerns. Any questions? De Weerd: Thank you, Bruce. Any questions from Council? Bird: I have none. Nice report. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Bruce, you brought up a point that's been a point for a number of years and that's the -- the lack of and the cost of industrial sites in the City of Meridian. I don't have any solutions, other than maybe getting more available in terms of our supply, which would require us rezoning certain lands. Is that feasible? Is that a feasible approach and Meridian City Council Workshop May 12, 2015 Page 13 of 30 would that put some pressure on what I view as a limited number of ownerships in industrial property in Meridian to maybe get some realistic prices. Chatterton: Madam Mayor, Councilman Rountree, it is -- it's going to be a difficult problem to solve. Part of it is, of course, just the -- it's not just availability, but as you pointed out it's the price point for the Meridian market. Our central location and our accessibility to transportation network really comes at a cost. There are two main issues. First issue -- and this is not going to be a lot of fun for those of us in the Planning Division or in many cases for you all on City Council and P&Z, is that we continue to erode our existing industrial land by allowing uses such as gymnasiums and churches to locate there. It's really hard to turn down a small business. It's really hard to turn down a church that wants to move into an industrial area. We are going to have to I think show more discipline as a -- as a city on that issue. The second is the overall supply of industrial land. We have been talking a lot with the planning division about where we might be able to bring more industrial land to bear. One of the things we want to do is look at the -- take our fiscal impact model, which, basically, takes our land use plan and treats it as a -- almost like an investment portfolio and using the model we can see into the future the revenues at build out that we would expect to get from each land use and the cost to serve as well. I think we need to look at that and see if we are in balance and from that we can also, then, decide if we need additional industrial and where it goes. There are communities that have taken this hill in the past and some of the places that I have worked have said, okay, we need more industrial, for instance, there may be other ways in which we are a little bit out of balance besides industrial and over the next five years we are going to gradually bring those -- more of those -- amend our land use plan to -- to bring more industrial to bear. It's not an easy thing to do to get new industrial land. It can be very controversial. It depends on where it is. We think we have some opportunities. This is not going to be difficult, but I think we can improve the situation. Rountree: Thank you. De Weerd: Any other questions for Bruce? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Bruce, great presentation. What -- what's the direction coming out of your department related to customer service? I know it's something that's very important to you and I didn't hear all -- I heard some -- some of the things that you wanted to do related to customer service. I was hoping you could maybe speak directly about some of the things that you're doing and your plans for the next year to really respond to the needs of our development community. Chatterton: Madam Mayor and Council Member Cavener, a great point. We are in the process of pulling together a focus group of developers to talk about their experience. We are told -- have been told repeatedly that we are still -- we are the best to deal with in the Meridian City Council Workshop May 12, 2015 Page 14 of 30 valley, maybe in Idaho, but often that same customer has a concern about the length of time it takes, for instance, to get a surety released -- it takes to go through the process in general. We may be leaving something on the table as good as we feel we are and some of our customers feel we are. So, we are going to be pulling together a development services advisory committee to help us work those problems productively. The way in which a focus group that like operates is the customer describes to us what their concerns are and, most importantly, what their preferred outcome is. The way they would like to see things. They don't give us the solution. Staff, then, designs a solution to meet those preferred outcomes and we run that by the customer before implementing it. Often this will result in a pilot project or two. And, then, we find out if we really have solved the problem. So, that's an excellent point. I'm glad you brought that up. Cavener: Thanks. De Weerd: Thank you, Councilman Cavener. Anything further? Thank you so much and thank you to your team. We greatly appreciate your work. I get positive feedback often and really appreciate that. I believe that your customers do believe that you have some areas that can be looked at, but your team is solution oriented and the first thing out of their mouth is how can we help you, not no. So, thank you. Chatterton: Thank you. B. Meridian Development Corporation Annual Report Presentation De Weerd: Item 7-13 is under our MDC and we will hear about what they have done over the last year. Isn't this fun. Dan, nice to have you here. Basalone: Thank you, Mayor. First of all, Mayor Tammy, Council President Rountree, Members of the board -- of the Council -- City Council of Meridian. I get my mind straight here we will be ready to begin. First of all, thank you for inviting us back again this year to give our 2014 annual report for the Meridian Development Corporation. First of all, I'd like to start by reintroducing our board of commissioners, especially for anyone in the audience who doesn't know who they are. Jim Escobar is our chairman again this year. I'm serving as vice -chair. Dave Winder is our secretary -treasurer and our board members are Mayor Tammy, Councilman Bird, Eric Jensen, Callie Zamzow, Kit Fitzgerald and Calvin Barrett, who is -- who replaced Pipal, who served on the board for a number of years. With distinction, I might add. Julie was chair person when I arrived on the board and I can tell you I learned a lot under her leadership as our chair person. We certainly thank her for her leadership role on the board. This past -- for 2014 we initiated many exciting projects, many of which you're seeing coming into fruition now as you go around our downtown area and I'm glad to be able to follow Bruce up here, because many of the activities that he mentioned are also activities that we have been involved with in some way. And I'd like to start with downtown parking and you all have a copy of the annual report I think in your possession. So, I will kind of refer to that as we go through it. I could make this a two hour presentation, but I don't think you really want that. So, I will kind of -- Meridian City Council Workshop May 12, 2015 Page 15 of 30 De Weerd: No. Basalone: -- skim the highlights here. In terms of -- first thing, there is always a concern in the downtown about parking and one of the things we did -- or a few of the things we did in 2014 to help alleviate that concern was we created the new parking on South Broadway between 2nd -- East 2nd and East 3rd Streets and that's full-time parking. It's parking where a business owner or an employee can park all day. There is no two hour limit. We also restriped the parking north of Pine between Carlton, Meridian, and East 3rd Street, so that consumers of that parking will better know where they can park and make the spaces more available and recognizable and, finally, we established a formal agreement with the Masons to be able to use their parking lot on a daily basis and that has really helped alleviate parking. It's within one block of Main Street, which makes it very convenient. In terms of streetscape -- and this is a big concern, because the esthetics in downtown is one of the things that attracts people to let them know they are in a good place and this a good place to be and for a streetscape, our Main project, was the design of the first phase of the Main Street island project, which, as I mentioned before, you're now seeing some fruition of that planning, which is taking place right outside a block away from here. And I might add that the -- it is a project that took quite a bit of time and planning, because we involved a lot of the downtown people in that planning process, because we knew it would be impactful for a month or two while construction was going on and we definitely wanted it to be something that property owners and business owners found was an asset in their -- in their area, in their community and that is scheduled to be completed before the Dairy Days parade, which I know everybody will be happy about. We also, in terms of streetscape, have our ongoing partnership with the Department of Parks and Recreation here in the city to plant at least ten new trees in the downtown area or replace ten trees that are failing, dying, or -- in other words, not being as attractive or as useful as they could be and replace them with grated areas so that our sidewalks and streets don't get ruined by tree roots. We also initiated the way finding and signage program in the city and, once again, you will see the fruition of that this year when new signs are installed on the major thoroughfares directing autos and pedestrians to our downtown area and indicating what services are available in our downtown area. Along that same line we also started a branding effort and the branding effort involved what those signs were going to look like, what is going to be the logo for downtown, for instance, and I think all of you were involved in part of that discussion as to what that logo should look like from the choices we had from our consultant. We are also starting this year as an outgrowth of that, the establishment of a marketing consultant relationship, so that somebody could be on call to help us with marketing efforts and especially how to more engage our downtown businesses in utilizing the many opportunities in the downtown area for their own personal growth. Things like the activities that take place downtown and so forth. I want to really emphasize one of the real success stories I feel in our downtown area and that's the Treasure Valley Children's Theater. MDC has owned the old Cascade Bank building on the northwest of Broadway and Main Street for a number of years and through an RFP process we tried to get a private developer to come in and use the building, see what could be done with it. The outcome of that RFP process was that the Treasure Valley Children's Theater opted to use that building and we support their use in it, because even though it is a private venture, a private nonprofit venture, it Meridian City Council Workshop May 12, 2015 Page 16 of 30 definitely has a public outgrowth and one of the -- let me just point out three things to you about their involvement in this past year in that building. Seven hundred and eighteen students have participated in classes in that building and that means their parents have had to drive them downtown every afternoon to go to those classes. Two thousand audience members have seen performances, either in that building or in Generations Plaza through the summer months and, in addition, there have been 3,000 audience members for adult performances. So, if you add all those number up, that's a lot of people coming to our downtown for a very creative reason. Another great project that came into fruition this year and it was one that I was glad to see -- Mayor Tammy, see your honor before this meeting -- at the beginning of this meeting, the historical society, and especially recognizing people such as Jacy Jones, who helped put this in place, is our historic walking tour and in 2014 the Meridian Development Corporation put aside and set in our budget 10,000 dollars to support field trips, so that every third grader who is learning about their community, who goes to a public school in the City of Meridian, could take the field trip and learn about the history of their city and I was glad, Mayor Tammy, to hear you reference the fact that you have seen the children walking around. They have been in City Hall and next year when one of us comes before this board to report on MDC activities, we can talk more about that, because that is really a 2015 budget year activity. But in terms of that, is it not only helping the students, but also their parents and their teachers learn more about what is the history of Meridian. And one of the outgrowths of that has been that a group of history society members led by Rich Nesbitt has convened a group to establish an NNU course on teaching the history of Meridian to -- first of all, the third grade teachers, make sure they know the history that they are teaching their students, but also to any other teacher or any community member who wants to enroll in the class and learn more about the City of Meridian and also how to be a volunteer leader in terms of guiding that tour if they are so inclined. We -- one of the mayor goals that we have had at MDC is to make this downtown a family friendly environment and when we bring students down for the history walk, when we have students in the Treasure Valley Children Theater, as I'm going to mention next about the art wraps on the utility boxes that have student art on them, we are really fulfilling that mission of getting children downtown and the -- in talking about the art wraps, that's our work with the Meridian Arts Commission, which is also -- which also allows us to support Concerts On Broadway and we were really glad to see this year that that contribution helped to fund four programs, rather than three -- more is always better than less, especially when it's a program like this and to also see the involvement of student performers prior to the professional entertainers at each of these concerts. Just another way that students and children are involved in downtown in dramatic ways and I want to say that I really enjoy being with Council Woman Milam at the student art exhibit at West Ada County School District offices where we selected five more wraps for new installation for this coming year. So, it's really exciting to see that involvement. We are also involved with -- as Bruce mentioned, the downtown multi-purpose center, the conference center and so forth. We have participants on the steering committee. Certainly I think we -- we are very involved with the public relation committee that's helping with that -- that project and we contributed money towards the feasibility. Also, as Bruce mentioned when he was talking about downtown and housing millennials and so forth, we did participate in the downtown housing study as well, which we think is critically important. We have many, you know, Meridian City Council Workshop May 12, 2015 Page 17 of 30 fine neighborhoods downtown that need our support, as well as the business properties as we have been doing in the past. I also wanted to say that we were really excited to see this year the start up of the Meridian Downtown Business Association and while it is not an MDC project, it is certainly supported by MDC and by numerous individual members, including our Callie Zamzow, who serves on the board, because she is a downtown business owner as well. And so we -- we certainly support that activity and I saw that Frank Thomason was in the audience and Frank is also an MDBA board member. I'm going to take just a few moments, if you will allow me, to stress something about key partnerships and about individuals who have helped us through the years and, you know, I believe in naming people by names, just like Bruce did earlier. I think that people deserve the recognition that -- that they should get for the work that they have done and we have had a number of key partnerships, because I think we all know that none of work -- no public work could be done in isolation. You're always impacting somebody else or somebody else is impacting you. So, the best thing to do is to work together and solve problems in concert. And so our key partnerships this year have been, first of all, with the City of Meridian and I'm going to just speak personally and all my interactions with any city staff member has always been positive. I think it's -- I think it's kind of intrinsic in the DNA of the city that it's a service-oriented city and it's a friendly place to work. I think -- you know, I have worked with a lot of people through the years and I think you get a lot more done with smiles than you do with frowns and I think there is a lot of smiles in this city. The City of Meridian Community Development office, Public Works office, Parks and Recreation Department, the Meridian Arts Commission, the Historical Preservation Commission, the general counsel's office have particularly been of great help to us through this past year. I'd also like to say that our key partnerships are with the Meridian Downtown Business Association now that it's in force. The Ada County Highway District, who come to all of our meetings where they are involved. The West Ada County School District, as I mentioned before, we have had a lot of interaction with them, especially through things like the art program and the history tour. The Valley Regional Transit Center, especial Kelly Fairless, has been great in terms of working with us. They also allow -- Valley Regional Transit allows the MDBA to meet in their offices, which is great. And, of course, the Meridian Chamber of Commerce. And now this is where you have to bear with me. I'm going to name some names. And if I leave somebody out I greatly apologize. Okay. But the following people have participated in MDC committee meetings and provided some direction to us: Mayor Tammy. Councilman Zaremba. Councilman Bird. Councilman Cavener. Bruce Chatterton. Brenda Sherwood. C.J. Coles. Brian McClure. Caleb Hood. Jacy Jones. Emily Kane. Elroy Huff. Mike Barton. Austin Peterson. Garrick Nelson. Holly Brinkley. Lieutenant John Overton. Lori den Hartog. Mary Jensen. Joe Kozlowski. Eric Davis. David Ballard. Tonya Westencal. Josh Evers. Kelly Fairless. James Hohenleitner. JoAnn Richter. Clay Slocum. Justin Lucas. Ryan Head. Kelly Ryan. Lori Jones. Gretchen Caserotti. Autumn Kersey. Ann Roberts. And a special thanks to our general counsel Todd Lakey and our administrator Ashley Squyres. Without them none of this could have been done. And for that we thank them. We thank you and thank you for inviting us again this year. If you have any questions I will be happy to take them. Meridian City Council Workshop May 12, 2015 Page 18 of 30 De Weerd: Thank you, Dan. Appreciate your kind words and I would open this to any questions from City Council. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Just a statement. A very good report. I think -- and Dan wouldn't say this, but on the downtown business association, the two leaders of it, while they weren't representing MDC, but were members of MDC, Ashley and Dan are the ones that actually got the downtown -- got -- went out, seen all the people and got them convinced to come and now we got a very viable downtown business association and I thank you for that. It's something that's been needed. As before we tried to throw some money at it. It didn't work. This time you got -- went out and got the ground -- ground floor and worked up. Thank you, guys, very much. The two of you deserve the credit. Basalone: Thank you so much, Keith. It's nice to know that that group now has money in the bank, so they are an official group; right? De Weerd: Any other questions? Mr. Cavener. Cavener: Madam Mayor. A couple questions for Dan. Thanks for the report. Main Street islands. I heard Dairy Days. Is there a closer or is there a more accurate date than before Dairy Days? Basalone: You know, I think the only delay that I'm aware of is the -- the historic streetlights. There was a delay in ordering them, because the manufacturer didn't have them on hand. But that should impact Dairy Days, because they are on the sidewalk. Right? So, as far as I know there is not a problem and I believe Dairy Days is June 19th -- 18th or 19th. Bird: 19th. Basalone: And as you can see right now they are starting to put the -- the landscaping in. So, yeah, should have it done. All they need to do is put the pole that goes in the middle and I think they are pretty much done. Cavener: Great. De Weerd: I think the bigger question, before you move on, is when can people park on main street. Squyres: Good afternoon, Mayor, Members of the Council. I will first address the first question that you had regarding the islands. The island will be complete, they are on schedule, by June 1st. The historic lighting is slated to be fully installed by June 19th. It Meridian City Council Workshop May 12, 2015 Page 19 of 30 should not impact Dairy Days at all, parking will be available to the businesses on Friday, is my understanding. This Friday. De Weerd: Good. Thank you. Mr. Cavener. Cavener: Related to that project, I love hearing that our downtown businesses are involved in that. Do you mind sharing who those businesses were, so I can thank them for their -- their contribution? Basalone: You know, I think that is most of the businesses downtown. I don't have them right on the top of my head, Luke, but I will be happy to get it for you. Cavener: That's okay. In the spirit of thanking everybody you got me excited, I wanted to thank -- Basalone: Yeah. No, I -- De Weerd: The downtown business association? Cavener: The businesses that were -- that the feedback was sought for the Main Street island project. De Weerd: Yeah. I don't have -- Cavener: One other question if I might. Dan, talk to me a little bit about the economic impact the Treasure Valley Children's Theater has made to downtown. I mean what -- Basalone: In terms of dollars? Cavener: Sure. Yeah. Are we seeing families going to eat at Flatbread -- and I doubt that anyone is going to the Busted Shovel afterwards, but -- Basalone: I don't know. I wouldn't discount that. Cavener: What's the impact? I mean I look at this as an investment and -- Basalone: I think that this is one of the reasons why we wanted to hire a marketing consultant, because I think what we are -- we are learning is that we are having to either educate or re-educate businesses as to the potential for having people downtown. Just like when we had the food truck rally here, for instance. How -- you know, there were some businesses who took advantage of that. There was a flyer prepared and they said now that you're downtown you may want to go to Restaurant X, Y or Z. You know, something like this. So, that's really the -- kind of the education -- re-education of businesses and how to use something like the -- the Treasure Valley Children's Theater is critically important. One of the -- and, Mayor Tammy, we have talked about this before. One of the things that we need downtown is something like an ice cream parlor or a -- you Meridian City Council Workshop May 12, 2015 Page 20 of 30 know, a candy store, or something where children can go after they leave the -- their activity, they can go somewhere and have an ice cream or buy a candy bar or do something like that. So, we do need to attract those businesses. But the business that's already here needs to better learn how to use the potential that's already here and that's what we want to do. As far as its current impact, I really don't know. I would be hazarding a guess as to how many people went to Flatbread or Rick's or Epi's or -- you know, Kahootz. By the way, those are some of the people who have supported, if you want to visit them. Cavener: Great. Basalone: Okay? Thanks, Dan. De Weerd: We do have a candy store. But it is -- it is one of those things of -- Basalone: Oh, the chocolate shop. I apologize. De Weerd: I just wanted to make sure we knew we had Preece Chocolate. Basalone: No. I realize that. But the problem is, Tammy, is that the businesses have to know to be open when the customers are here. If you close at 5:00 o'clock and the classes are from 5:00 to 7:00, well, you know -- unless you want to hand out flyers or something at the classes. De Weerd: Right. Any additional questions? Thank you for being here. Basalone: Thanks for your courtesy. I appreciate it. C. Petition for Exclusion of Land from Nampa Meridian Irrigation District and Annexation to New York Irrigation District Title 43 Chapter 10 & 11 Idaho Code De Weerd: Thank you, Dan. Okay. Item 7-C is -- I don't know who it is. Warren. Stewart: Madam Mayor, Members of the City Council, as you guys will recall, we annexed the Meridian Heights and Kentucky Ridge Subdivisions a little over a year ago I think and when we did so we acquired a new well or a well property in the Kentucky Ridge Subdivision. That well is located on a common lot, which kind of serves as a park area for the Kentucky Ridge development. Currently that common area and our well site receives irrigation water through Nampa -Meridian Irrigation District in a system that's already developed. A pressurized irrigation system that's already developed. The Kentucky Ridge Homeowners Association, though, as a whole, all the residents in there, do not have a pressurized irrigation system that has access to surface water irrigation and their subdivision is split by two separate irrigation districts, the Nampa -Meridian Irrigation District and the New York Irrigation District. So, they are trying to initiate a process whereby they can create an LID and fund a project to install a pressurized irrigation Meridian City Council Workshop May 12, 2015 Page 21 of 30 system to utilize surface water for all the residents -- the residential homes within that subdivision. As a part of doing that they, as a subdivision as a whole, are going to, essentially, relinquish their access to Nampa -Meridian's Irrigation District water, become -- make everybody a part of the New York Canal District and receive water from them. So, in order for that to happen they all have basic -- everybody who is a part of the Nampa - Meridian Irrigation District currently has to basically get out. The city is a part of that, because our lot is in the Nampa -Meridian Irrigation District. So, if we want to continue to receive surface water from that system that's already in place, we have to get out of the Nampa -Meridian system and into the New York system. So, what you have before you tonight is, essentially, the documentation that allows that to occur, that we will basically get out of the Nampa -Meridian one, into the New York. Now, one of the other elements of that whole process, essentially, was that they wanted to know if we wanted to become a part of the LID. We really don't want to become part of the LID and in conversations with them they -- they agreed that it didn't make sense for us -- that's the -- we already had access. The whole point behind the LID was to fund the infrastructure to serve the homes. There wasn't any new infrastructure that needed to be in place in order for the city's property to receive irrigation water. So, the paperwork that is before you, essentially, like I said, gets us out of the Nampa -Meridian into the New York so we can continue to receive surface water, but, basically, keeps us out of the LID. We will simply pay our assessments and homeowners association dues and everything else that will give us access to the water. We will pay for that irrigation service like we currently do. So, that's the paperwork that's here before you tonight. That's what we are trying to do is to allow -- or make it possible so that we can continue to use surface water irrigation to irrigate the well lot, but stay out of the LID. And with that I would entertain any questions. De Weerd: Thank you, Warren. Council, any questions? Bird: I have none. De Weerd: Mr. Zaremba. Zaremba: Madam Mayor. I move we approve the submission of the petition to switch from Nampa -Meridian Irrigation District to the New York Irrigation District. Milam: Second. De Weerd: I have a motion and a second to approve Item 7-C. Any questions or comments from Council? Madam Clerk, will you call roll. Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Meridian City Council Workshop May 12, 2015 Page 22 of 30 D. Parks and Recreation Department: 2015 Meridian Pathways Network Map Update De Weerd: Okay. Item 7-D is under our Parks and Recreation Department. I will turn this over to Jay. Gibbons: Thank you, Madam Mayor, Members of the Council. I'm here today to present an update to the Meridian Pathways Network Map that's included in your packet. There is -- there are 18 changes. We try to update this -- it starts out we shoot for an annual basis, depending on how many really substantial changes there are to the map from one year to the next. Sometimes that gets put off. In this case the last time we updated and adopted the pathways network map was in 2012 and what you see -- this is -- what's on your monitor at the moment -- this is from 2012. You can see for the most part this -- in 2012 it illustrated a lot of realignments of proposed pathways according to what was being entitled at the time. They followed the entitlement and what was approved. So, with the -- the pathways network map that is before you for discussion purposes today is there are 18 changes. They reflect, for the most part, 15 new pieces of pathway. The city has built two in the last three years. The development community has built the other 13. And there are three segments that were originally shown on the map that we feel it's appropriate to remove at this point -- for instance, Item No. E is -- there was originally a pathway shown along Black Cat Road connecting to the Five Mile Pathway in the future. Really, you have the -- the Meridian loop that's a quarter mile to the west. It's off route and it's undeveloped land at the moment. It doesn't really need to be on the narrowest piece of two lane black top that -- as it's shown. So, we are trying to make a little sense of this and remove some of the pathways that were referenced as we want this pathway or this one or this one, for instance, on Fairview at Lakes Place, there is a pathway shown along Fairview. There is one shown through an apartment complex. There is one shown to the south of the existing vacant auto dealership. Those three are or's. We have commitment from the development community that they have built that stub across the south end of their development that will connect on the south of Two Lakes Place, south side of the auto dealership. So, ACHD is going to build the normal sidewalk along Fairview at the end of this year, so, you know, we don't necessarily have to hold a future developer responsible for that. We have our off -- off road multi -use pathway taken care of. So, with that why I'm here today is to bring this to you, give you a brief overview, and if you have suggestions, discussion, clarifications, you want to make additional changes or put things back in, that's more than appropriate and I will work with the Legal Department and bring the adopting resolution back to you next Tuesday to adopt this, which will, then, assist our Community Development Department with helping me implement these -- some of these pathways through the development processes and they are kind of anxious for that to happen, too, as some of these pathways that we are making changes to are directly impacting some very soon to come developments as well. So, we'd like to get them in the right place at the right time. And with that I will stand for questions. De Weerd: Thank you, Jay. Council, any questions? Bird: I have none, Mayor. Meridian City Council Workshop May 12, 2015 Page 23 of 30 De Weerd: Mr. Cavener, are you ready to change seats with someone? Cavener: What's that? De Weerd: Mr. Nary I think has a cold. Cavener: No. He's fine. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: If I don't hear any questions or anything, I would recommend that the Parks and Recreation Department gets a resolution going. I think what I have seen here it looks really good and it does give us a decent plan for developers and ourselves and everybody to work on. So, Jay, I would say let's get a resolution and get it going, get something in the works. Milam: Second. Cavener: Third. Milam: Third. Fourth. De Weerd: Did I miss a motion? Bird: It wasn't a motion. A recommendation. Gibbons: You will notice that on the north end from basically Ten Mile to Locust Grove there is a connected pathway from Ten Mile now all the way to Locust Grove and in the not too distant future that will connect clear down to Ustick as soon as we get another piece of sidewalk there on Locust Grove and one piece of pathway across an ACHD drainage way that we have an easement for, so -- Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Sorry. What's the difference on the map in the packet of the green line showing the proposed future route and, then, a green dashed line of proposed long term route? Gibbons: For instance, I believe the long term route -- I believe it's Nine Mile here north of Pine or Cherry that -- yeah, it's north of Cherry. It shows a route along the Nine Mile Creek that that area has already been developed. It may or may not be feasible without a whole bunch of easements and assistance from property owners. So, an on route Meridian City Council Workshop May 12, 2015 Page 24 of 30 connection is shown, but one day if we have the opportunity we would like for that to happen and, really, that's -- it's just showing options. Similar to an alternative route that we indicate along the Rail With Trail, depending on how things happen in the future we can go either way that way through the development process. But in this instance with the long-term I think that warrants further discussion. It predates my time and when it was -- when the map was created we got to figure out how -- how best to deal with some of the situations. Borton: Madam Mayor? De Weerd: Yes. Borton: It makes sense. The idea if a -- the proposed pathway at any particular location is installed does the long term route come off? Gibbons: Then it would. If it didn't follow the long term route; correct. Borton: Okay. Gibbons: I do -- and, for instance, in the plan itself it speaks to the long term on Five Mile Creek that runs basically from Lakes Place over to Meridian Road that goes behind the businesses and it follows the center line of the creek, basically, behind Burger King and Albertson's, corrects to Meridian Road that way. That's kind of the long term route. The short term was to go up through Lakes Place and East James Court, over to the Bud Porter Pathway. Well, that's all connected now and there is not one segment of the Five Mile that's along the creek, which would be difficult to implement because of the businesses and -- and every residential lot to the north of the creek goes to the middle of the creek. That may be a long term solution that needs to really not be shown anymore, because it probably won't happen. We have, really, what -- the connection that we want really works well and it's on the ground and being used, so -- Borton: All right. Okay. Gibbons: We will look at that in the future. Borton: Okay. Thanks, Jay. De Weerd: Really it's going to be in terms of -- of making sure that the public knows how these pathway segments connect and we can take a lesson out of a lighter, quicker, cheaper book in terms of how to really help guide people and I appreciated being on the bike tour with the Parks Commission and having that opportunity to take the bike path and how it connects almost four or five miles, but it's not intuitive yet. So, it is going to take that direction, whether it's paint on a sidewalk or mile marker or what have you, but it's nice to see things are starting to connect and it was just reiterated in the parks master plan, in the public participatory part of that in both the online, the survey itself and it was reiterated in our listening tour how extremely critical and desirable to our citizens a Meridian City Council Workshop May 12, 2015 Page 25 of 30 connected pathway system is. So, hold onto your seat, I think your job gets a little bit more busy and complicated and exciting all at the same time. Gibbons: Madam Mayor, the results of that -- those surveys when I saw them was somewhat unnerving. Either I had a whole lot of work to do or I'm not doing a very good job. I don't know how to read that exactly, but we are getting -- De Weerd: Opportunity abounds. Bird: Yeah. Gibbons: Exactly. De Weerd: Yes. Gibbons: I look forward to it. De Weerd: Well, thank you, Jay, for your report and for being here. Gibbons: We will see you next week. E. City Council Liaison/Committee Updates De Weerd: Okay. Item 7-E is under City Council liaison and committee updates and so I will start with Mr. Zaremba. Zaremba: Thank you, Madam Mayor. Well, today I want to point out what's going on in Public Works. They are very actively preparing for Public Works Week, which will mostly be June 1st through June 5th. On Monday, June 1st, they will have a public open house at the new facilities at the wastewater treatment plant and tours, all that sort of stuff. Wednesday they will have Public Works Day where they set up in the plaza and inside the building and in the parking lot and all sorts displays, activities, and a whole lot of other activities going on. So, Public Works Department is going to be very public during Public Works Week. De Weerd: Thank you. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Sure. I will go next. Chief Niemeyer and I have been talking in Fire -- primarily budget reviews sort of engulf the conversation. We have had some good, lively debates while there and just trying to get our head around some of the short-term issues they deal with and, then, also make sure we address through this budget cycle, probably like in prior years, but the awareness of some of the long-term needs and expenses down the road Meridian City Council Workshop May 12, 2015 Page 26 of 30 that are sizable in light of the department and what they do. So, that's been a lot of the work. It's been -- we have done it for the budget. We have talked through enhancements. That's been very successful. So, moving forward there. Historic Preservation Commission, obviously, you have heard great things about what they have been doing. Their recent Orchid Award. So, they are a phenomenal group. It is no surprise. So, it's just been a pleasure to observe their hard efforts as well, so -- that's my update. De Weerd: Great. Thank you. Mr. Rountree. Rountree: Madam Mayor. You only need to keep track of the ValleyNews or the Meridian Press or Statesman or the television and radio stations to know what's going on in the Mayor's office in terms of south Meridian meetings and town hall meetings and Do It Right and all of those events that have been initiated in Meridian over the past few weeks. You all have been notified about upcoming Association of Idaho Cities meeting this spring and summer, so I hope you will get your information to Peggy, so you can be attending that if you wish. So, the Mayor doesn't have to put in that plug. I assume you're all working on your budgets and working with your respective departments to get your budgets put together and I hope that's going well. I had the easiest one to deal with. So, you all have the ones to struggle with. But beyond that I don't have enough time to recite all of the activities from the Mayor's office. She's been busy and -- between the youth council and drug council and emergency group and you name it. De Weerd: Thank you, Mr. Rountree. I will just add we are in the middle of going and announcing award winners at our five elementary schools that were doing the Mayor Tammy's Walking Club, which is just an offspring for the Mayor's Walking Challenge that Mayor Bieter in Boise started last fall and so we have continued walking in the five elementary schools that were participating. Last week we went to Peregrine and River Valley and announced their first, second, and third place winners. Now, second place gets a jump rope. Everyone in that classroom and I was thinking, wow, I want second place. First place is lunch with the Mayor. Not as interesting, but thank you to Whole Foods, because they are providing the lunches. This is all sponsored by Blue Cross of Idaho. And third place I found out what those little carabiner clips are really. Don't know why they call them that, but it's -- that's third place and -- and Peregrine, the winning class in four weeks walked 20 and a half miles per student an average and so they really took that -- that competition very serious and I was able to go to each of the students -- or schools and walk twice with the schools at each of them. I would say that Peggy is amazing that she can get me to all of those places and so is Danyele. But we -- we have some very active kids, so it's exciting. So, I have three more schools I need to go to. Mr. Bird: Bird: Parks. You heard the pathway report. The dog park is going along real well. We are changing -- thanks to the Council last week we are going to go ahead and make the change with the -- down at the restrooms there and bring the drive-thru to the west of the restrooms and planning the other, so we are -- our patrons aren't in -- having to walk across the drive-thru to get to the restrooms. Since our last -- the last month we dedicated the new tennis courts out there. Beautiful facility. Beautiful workmanship. And Meridian City Council Workshop May 12, 2015 Page 27 of 30 anybody that goes -- drives through every one of our parks -- I mean every one of our parks they are maintained perfect, they all look beautiful thanks to the Parks Department and all their employees. Finance. They are just working hard on the budget and just keeping the font small so we can't hardly read it. Milam: Working hard at it. Bird: Yeah. De Weerd: Mrs. Milam. Milam: The police training center is on track and it's looking good. I was out there today and it's really coming along. The last week officers have saved two lives using CPR. And the clerk hired their open admin position and she will start the Tuesday after Memorial Day. In Arts there is a special meeting on Monday, if anybody wants to come, to discuss traffic box art. That's about it. De Weerd: Well -- and I would just -- just add that the art wrap that's out there was funded by the State of the City money and we have one more and I think that I -- we did look at the art that was selected by the committee, but I might just choose to see if the wrap can be the Mayor's award this year. The I Love My Dog done by a kindergartener at Meridian Elementary School. So, we will see if it will be a good wrap, but that is such an exciting project that the Arts Commission is really leading and it's going to certainly add personality, color and character to our downtown by really showcasing the talent that we have with our youth. So, thank you for going out with them and picking those -- you picked some great pieces that will look great -- will look really nice on the traffic boxes. Milam: There are hundreds I think to go through -- or over a hundred. That's why they are having a special meeting. There is a lot of other submissions as well, so -- Cavener: All right. De Weerd: Mr. Cavener Cavener: So, like all of us, both Community Development and Human Resources are in the midst of their budgetary planning. We heard from Bruce today and I just want to reiterate that -- something that stuck out to me he said that one percent in staff growth is to me just really phenomenal over the period that they have been around and I appreciate him providing his updates. I didn't get a chance to connect with either of my departments today, because they were in this large scale budget meeting, so I look forward to reconnecting with them next week. I had planned to go on the pathways tour, but my Cruiser had sprung a leak, so I am looking forward to attending our Parks Commission meeting tomorrow night and being updated on what they do. De Weerd: Thank you. And, Council, I would remind you that next week on the 20th is the ground breaking at 10:30 for the Boys and Girls Club gymnasium and I'd love to have Meridian City Council Workshop May 12, 2015 Page 28 of 30 you out there. Your leadership has been very critical to moving this project forward and we are -- we are just really thankful we are at that point where we can start turning dirt. Item 8: Ordinances A. Ordinance No. 15-1644: An Ordinance (AZ 15-001 - Paramount Southeast) for the Rezone of a Parcel of Land Being a Portion of the SE 1/4 of Section 25, Township 4 North, Range 1 West, Ada County, Idaho Establishing and Determining the Land Use Zoning Classification of Said Lands from C -G to R-40 and from R-40 to C -G and Providing an Effective Date De Weerd: Item 8-A is Ordinance 15-1644 RZ 15-001. 1 will ask Madam Clerk to, please, read this by title only. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 15-1644: An Ordinance RZ 15-001 - Paramount Southeast for the rezone of a parcel of land being a portion of the southeast one quarter of Section 25, Township 4 North, Range 1 West, Boise meridian, City of Meridian, Ada County, Idaho. Establishing and determining the land use zoning classification of R-40, high density residential zoning district, to C -G, general retail and service commercial zoning district and C -G, general retail and service commercial to R-40, high density residential in the Meridian City Code. Providing that copies of the ordinance shall be filed with the Ada County assessor, the Ada County recorder and the Idaho State Tax Commission as required by law and providing for a summary of the ordinance and providing for waiver of the reading rules and providing an effective date. De Weerd: Thank you. You have heard this read by title only and I don't see anyone that wants to hear it read in its entirety, so, Council, I would entertain a motion. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve Ordinance No. 15-1644 with suspension of rules. Rountree: Second. De Weerd: I have a motion and a second to approve Item 8-A. Madam Clerk, will you call roll. Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Meridian City Council Workshop May 12, 2015 Page 29 of 30 Item 9: Future Meeting Topics De Weerd: Are there any items for future agendas? Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: Not a topic, but just to confirm that our meeting next week will be on Wednesday, instead Tuesday, because the election on Tuesday. Is that correct? De Weerd: Oh, really? Rountree: School board. Zaremba: Tuesday, the 19th, an election day. De Weerd: A Wednesday Council meeting. That is awesome. Okay. Thank you for the reminder, Mr. Zaremba. Item 10: Executive Session Per Idaho State Code 67-2345 (1)(f)(c)(d)(a): (f) to Consider and Advise Its Legal Representatives in Pending Litigation; (c) to conduct deliberations concerning labor negotiations or to acquire an interest in real property, which is not owned by a public agency; (d) to consider records that are exempt from disclosure as provided in chapter 3, title 9, Idaho Code; AND (a) To consider hiring a public officer, employee, staff member or individual agent, wherein the respective qualities of individuals are to be evaluated in order to fill a particular vacancy or need. This paragraph does not apply to filling a vacancy in an elective office or deliberations about staffing needs in general De Weerd: Okay. I would enter a motion to adjourn into Executive Session. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1)(a),(1)(c), (1)(d) and (1)(f). Rountree: Second. De Weerd: I have a motion and a second to adjourn into Executive Session. Madam Clerk, will you call role. Meridian City Council Workshop May 12, 2015 Page 30 of 30 Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: (4:38 p.m. to 6:06 p.m.) MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 8:06 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) "T.APPROVED Meridian City Council Meeting DATE: May 12, 2015 ITEM NUMBER: 4A PROJECT NUMBER: ITEM tITLE: Proclamation for National Historic Preservation Month MEETING NOTES V Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: May 12, 2015 ITEM NUMBER: 5A PROJECT NUMBER: RZ 15-002 ITEM TITLE: Findings of Fact & Conclusions of Law and Order Calderwood Business Park by GGR, LLC Located Southeast Corner of S. Meridian Road and E. Calderwood Drive Request: Rezone of 4.08 Acres of Land from the L -O Zoning District to the C -G (2.73 Acres) and L -O (1.35 Acres) Zoning Districts MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: May 12, 2015 ITEM NUMBER: 5B PROJECT NUMBER: MCU 15-001 ITEM TITLE: Findings of Fact & Conclusions of Law and Order Calderwood Business Park by GGR, LLC Located Southeast Corner of S. Meridian Road and E. Calderwood Drive Request: Conditional Use Permit Modification to Modify the Site Plan and Certain Conditions Approved with the Larkspur Planned Unit Development (CUP 04-025) MEETING NOTES M APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: May 12, 2015 ITEM NUMBER: 5C PROJECT NUMBER: ITEM TITLE: CDBG Sub -recipient Agmt - Meridian Elem. School Fitness Path MEETING NOTES APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS SUBRECIPIENT AGREEMENT BETWEEN CITY OF MERIDIAN AND WEST ADA SCHOOL DISTRICT FOR PY 2014 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS This Agreement is entered into this ii � day of L -la- , 2015 by and between the City of Meridian, a municipal corporation organized under the laws of the state of Idaho ("City") and West Ada School District, a school district organized under the laws of the state of Idaho ("Subrecipient"). WHEREAS, City is an entitlement community, and as such has applied for and received funds from the United States Government under Title I of the Housing and Community Development Act of 1974, Public Law 93-383, i.e. Community Development Block Grant ("CDBG") funds; and WHEREAS, Subrecipient is committed to preparing today's students for tomorrow's challenges through education, including physical education and athletic activities related to the educational program, which complements the objectives of the CDBG program; and WHEREAS, Subrecipient's facility and grounds are located within the heart of the city's Low -Moderate Income (LMI) area, and serves as both a public green space as well as being central to several LMI amenities (Meridian Food Bank, Boys & Girls Club, etc); and WHEREAS, City and Subrecipient wish to enter into a cooperative agreement for the investment of CDBG funds from Program Year 2014 (PY14); NOW, THEREFORE, in consideration of the mutual covenants of the parties, the Parties agree as follows: I. SCOPE OF SERVICE A. Activities. Subrecipient shall use City's PY14 CDBG funds in the amount of fifty - thousand ($50,000) to purchase and install ADA accessible equipment and construct a fitness path to be located at Meridian Elementary School, a public school. Specifically, Subrecipient shall undertake the following activities: 1. Utilize an open competitive bid process which satisfies Idaho Code section 67-2806 for the selection of a playground equipment vendor and installer. 2. Consult with the City CDBG Administrator and the City Purchasing Manager prior to advertisement of the bid documents and prior to signing the vendor contract for the playground equipment and installation to ensure inclusion of proper language related to the Davis Bacon Act requirements and Section 3 of the Housing and Urban Development Act of 1968. 3. Contractually require selected vendor to comply with Davis Bacon Act wage requirements and reporting for the installation of the playground equipment. 4. Ensure selected vendor submits all required Davis Bacon wage documentation, including weekly payroll reports, for the installation of the playground equipment to West Ada School District or to City of Meridian. PY14 SUBRECIPIENT AGREEMENT -WEST ADA SCHOOL DISTRICT PAGE 1 OF 17 5. Purchase and install playground equipment at Meridian Elementary School. Submit draw down request to the City for reimbursement of said purchase up to $50,000. B. National Objective. Subrecipient certifies that the activities carried out City's PY14 CDBG funds provided by City under this Agreement will meet one or more of the CDBG program's National Objectives as defined in 24 CFR § 570.208. Specifically, Subrecipient's activities under this agreement shall benefit a low to moderate income area (24 CFR § 570.208(a)(1))• C. Levels of accomplishment. 1. Goals. Subrecipient shall undertake activities pursuant to this Agreement to complete one (1) Unit. For the purposes of this Agreement, "Unit of Service" shall be defined as one completed public facility. 2. Performance measures. This project will purchase and install ADA accessible equipment and construct a fitness path to be located at Meridian Elementary School, 1035 NW 1" Street, Meridian, Idaho 83642. D. Staffing not funded. Subrecipient agrees that no CDBG funds will be utilized for staffing. E. Performance monitoring. City will monitor the performance of Subrecipient against goals and performance measures as set forth herein. Performance monitoring shall include City's review of Subrecipients' submitted documents for accuracy and completion, as well as an on-site visit from City's CDBG Administrator to review the completeness and accuracy of records maintained. Substandard performance as determined by City shall constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by Subrecipient within fourteen days (14) after being notified by City, Agreement suspension or termination procedures will be initiated. F. Time of performance. Services of Subrecipient shall start no earlier than April 1, 2015 and end on September 30, 2015. The term of this Agreement and the provisions herein shall be extended to cover any additional time period during which Subrecipient remains in control of CDBG funds or other CDBG assets, including program income. G. Progress Reports. Subrecipient shall submit a regular Progress Report, in the form and content as required by City, with every draw request. If Progress Reports are delinquent, draw requests will not be processed until the delinquency is cured. Progress Reports must contain information on outcome -based measurements as outlined in this Agreement. II. ADMINISTRATIVE REOUIREMENTS A. Uniform administrative requirements. Subrecipient shall comply with applicable uniform administrative requirements, as described in 24 CFR § 570.506. PY14 SUBRECIPIENT AGREEMENT- WEST ADA SCHOOL DISTRICT PAGE 2 OF 17 B. Financial Management. 1. Budget. Subrecipient agrees that it shall use City's PY14 CDBG funds in the amount of fifty -thousand ($50,000) to purchase playground equipment to be installed at Meridian Elementary School, Meridian, Idaho. City may require a detailed budget breakdown, and Subrecipient shall provide such information in a timely fashion, and in the form and content prescribed by City. 2. Supplementation of other funds. Subrecipient agrees to utilize funds available under this Agreement to supplement, rather than supplant, funds otherwise available. 3. Accounting Standards. Subrecipient agrees to comply with 24 CFR §§ 84.21 through 84.28, and further agrees to: adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 4. Cost Principles. Subrecipient shall administer its program in conformance with OMB Circular A-122, "Cost Principles for Non -Profit Organizations." These principles shall be applied for all costs incurred, whether charged on a direct or indirect basis. 5. Certification of financial management system. Payments shall be contingent upon HUD's certification of Subrecipient's financial management system in accordance with 24 CFR § 84.21. 6. Subrecipient Orientation Workshop. Subrecipient agrees to meet with City's CDBG Program Administrator prior to submitting the first draw request to City. City will not process draw requests unless and until Subrecipient attends this meeting. 7. Client Data. Subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to: client name, address, income level or other basis for determining eligibility, and description of service provided. Such information shall be made available for review upon City's request. 8. Disclosures. Subrecipient understands that client information collected under this Agreement is private and the use or disclosure of such information, when not directly connected with the administration of City or Subrecipient's responsibilities under this Agreement, is prohibited by the Financial Privacy Act unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian. 9. Property Records. Subrecipient shall maintain real property inventory records that clearly identify properties purchased, improved or sold. Properties retained shall continue to meet eligibility criteria. PY 14 SUBRECIPIENT AGREEMENT -WEST ADA SCHOOL DISTRICT PAGE 3 OF 17 10. Closeout. Subrecipient's obligation to City shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but shall not be limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to City), and determining the custodianship of records. Notwithstanding the foregoing, the terms of this Agreement shall remain .in effect during any period that Subrecipient has control over CDBG finds, including program income. 11. Audits and inspections. All Subrecipient records with respect to any matters covered by this Agreement shall be made available to City, HUD or its agent, or other authorized federal officials, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. Any deficiencies noted in audit reports must be fully repaired by Subrecipient within thirty (30) days after receipt of such report by Subrecipient. Failure of Subrecipient to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. Subrecipient hereby agrees to have an annual agency audit conducted in accordance with current City policy concerning audits and as applicable, OMB Circular A-133. Sub -recipient shall comply with OMB Circular A-133, Subpart B, Section 200(a) which requires that all non -Federal entities that expend $500,000 or more in a year have a single or program -specific audit conducted in accordance with A-133. Sub - recipient shall be willing to allow inquires from the City about the sub -recipient's financial statements and single audit reports. If subrecipient is subject to this requirement, a copy of the audit report shall be provided to the City within 30 days of completion of the audit. 12. Suspension and Disbarment Non -Federal entities are prohibited from contracting with or making subawards under covered transactions to parties that are suspended or debarred. "Covered transactions" include those procurement contracts for goods and services awarded under a nonprocurement transaction (e.g., grant or cooperative agreement) that are expected to equal or exceed $25,000 or meet certain other criteria specified in 2 CFR section 180.220. All nonprocurement transactions entered into by a recipient (i.e., subawards to subrecipients), irrespective of award amount, are considered covered transactions, unless they are exempt as provided in 2 CFR section 180.215. C. Payment Procedures. 1. Program Income. The activities governed by this agreement are not anticipated to generate program income as Subrecipient shall not charge its members for the PY14 SUBRECIPIENT AGREEMENT - WEST ADA SCHOOL DISTRICT PAGE 4 OF 17 service. Any change to the activities described herein that will generate program income shall require an amendment to this agreement. 2. Indirect Costs. Indirect costs are not eligible for CDBG funding. 3. Payment Procedures. City will pay to Subrecipient funds available under this Agreement based upon information submitted by Subrecipient and consistent with any approved budget and City policy concerning payments. Payments will be made for eligible expenses actually incurred by Subrecipient, and not to exceed actual cash requirements. Payments will be adjusted by City in accordance with advance fund and program income balances available in Subrecipient's accounts. In addition, City reserves the right to liquidate funds available under this Agreement for costs incurred by City on behalf of Subrecipient. 4. Draw requests. It is expressly agreed and understood that the total amount to be paid by City under this Agreement shall not exceed $75,000. Draw downs for the payment of eligible expenses shall be made against the activity specified, in accordance with performance and as expenses are incurred by Subrecipient. Draw requests shall only be accepted on official City and/or HUD forms and must be completed in full to be processed. All draw requests are to be submitted monthly, no later than twenty-one (21) days after the end of the month for which reimbursement is being submitted. Draw requests shall include the following: copy of the invoice for playground equipment from selected vendor and proof of payment by the subrecipient to the vendor. 5. Funds transfer. Pursuant to 24 CFR § 570.503(b)(7), upon expiration of this Agreement, Subrecipient shall transfer to City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. 6. DUNS number. Subrecipient shall comply with requirements established by the Office of Management and Budget ("OMB") concerning the Dun and Bradstreet Data Universal Numbering System ("DUNS"), the Central Contractor Registration database, and the Federal Funding Accountability and Transparency Act, including Appendix A to Part 25 of the Financial Assistance Use of Universal Identifier and Central Contractor Registration, 75 Fed. Reg. 55671 (Sept. 14, 2010) (to be codified at 2 CFR part 25) and Appendix A to Part 170 of the Requirements for Federal Funding Accountability and Transparency Act Implementation, 75 Fed. Reg. 55663 (Sept. 14, 2010) (to be codified at 2 CFR part 170). D. Procurement. 1. Compliance with policies. Subrecipient shall comply with current Federal and City policies concerning the purchase of equipment and shall maintain inventory records of all non -expendable personal property as defined by such policy as may be procured with funds provided hereunder. PY14 SUBRECIPIENT AGREEMENT - WEST ADA SCHOOL DISTRICT PAGE 5 OF 17 2. OMB Standards. Subrecipient shall procure all materials in accordance with the requirements of 24 CFR §§ 84.40 to 84.48. 3. Travel. Subrecipient shall obtain written approval from City prior to any travel outside the Boise metropolitan area with funds provided under this Agreement. E. Use and Reversion of Assets. The use and disposition of real property and equipment under the Agreement shall be in compliance with the requirements of 24 CFR Part 84 and 24 CFR §§ 570.502 through 570.504, as applicable, which include, but are not limited to, the following: 1. Records. Subrecipient shall maintain real property inventory records, which clearly identify properties purchased, improved or sold. 2. National Objectives met for five (5) years. Pursuant to 24 CFR § 570.503(b)(7)(i), real property that is acquired or improved, in whole or in part, with funds under this Agreement in excess of $25,000 shall be used to meet one of the CDBG National Objectives until five (5) years after expiration of this Agreement. If the use of the CDBG-assisted real property fails to meet a CDBG National Objective for this prescribed period of time, Subrecipient shall pay City an amount equal to the current market value of the property, less any portion of the value attributed to expenditures of non-CDBG funds for acquisition of or improvement to the property. Such payment shall constitute program income to City. Subrecipient may retain real property acquired or improved under this Agreement after the expiration of the five- year period. 3. Sale of equipment. In all cases in which equipment acquired in whole or in part with funds under this Agreement is sold, the proceeds shall be program income, prorated to reflect the extent to that funds received under this Agreement were used to acquire the equipment. Equipment purchased with funds received under this Agreement but not needed by the Subrecipient for activities under this Agreement shall be (a) transferred to City for the CDBG program or (b) retained after compensating City an amount equal to the current fair market value of the equipment less the percentage of non-CDBG funds used to acquire the equipment. F. Records and reports. 1. Records to be maintained. In addition to specific records mentioned in this Agreement, Subrecipient shall maintain all records that are pertinent to the activities to be funded under this Agreement, including, but not limited to, those required by the Federal regulations specified in 24 CFR § 570.506, and: a. Full descriptions and records of each activity undertaken; b. Records related to activities meeting the National Objectives; c. Records required to determine the eligibility of activities for CDBG funding; d. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; PY14 SUBRECIPIENT AGREEMENT -WEST ADA SCHOOL DISTRICT PAGE 6 OF 17 e. Records documenting compliance with the fair housing and equal opportunity components of the CDBG Program; f. Financial records, as required by 24 CFR §§ 84.21 through 84.28 and 570.502; g. Other records necessary to document compliance with 24 CFR Part 570, Subpart K, except that Subrecipient does not assume City's responsibilities under 24 CFR § 570.604 and part 52. 2. Records retention. Subrecipient shall retain all records pertinent to the expenditures incurred under this Agreement for a period of five (5) years after the termination of all activities funded under this Agreement, defined as the date of the submission of City's final annual performance and evaluation report to HUD. Records for non - expendable property acquired with funds under this Agreement shall be retained for five (5) years after final disposition of such property. If, prior to the expiration of the five-year period, any litigation, claims, audits, negotiations or other actions begin that involve any of the records cited, such records shall be retained until completion of the actions and resolutions of all issues, or the expiration of the five-year period, whichever occurs later. III.EWLOYMENT AND LABOR CONDITION REQUIREMENTS A. Civil Rights Act. Subrecipient agrees to comply with Title VI of the Civil Rights Act of 1964 as amended, Title VII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974, Section 504 of the Rehabilitation Act of 1974, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, the Executive Order 11246 as amended by Executive Order 11375 and 12086, and 24 CFR 570.601 and 570.602. In regard to the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this contract, Subrecipient shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination as herein defined, in the sale, lease or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected thereon, providing that City and the United States are beneficiaries of and entitled to enforce such covenants. Subrecipient, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate. B. Nondiscrimination. Subrecipient agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR § 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the HCDA are also applicable. Subrecipient will not discriminate against any employee or applicant for employment or services because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital status or status with regard to public assistance. Subrecipient will take affirmative action to insure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, PY 14 SUBRECIPIENT AGREEMENT- WEST ADA SCHOOL DISTRICT PAGE 7 OF 17 termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. C. ADA section 504. Subrecipient agrees to comply with Federal regulations pursuant to compliance with Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 706) which prohibits -discrimination against the handicapped in any Federally -assisted program. City shall provide Subrecipient with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Agreement. D. Affirmative Action. 1. Approved Plan. Subrecipient agrees that it shall be committed to carry out pursuant to City's specifications an Affirmative Action Program in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. City shall provide Affirmative Action guidelines to Subrecipient to assist in the formulation of such program. Subrecipient shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. 2. Women- and Minority -Owned Businesses. Subrecipient shall use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a business at least fifty-one (51) percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro- Americans, Spanish-speaking, Spanish surnamed or Spanish -heritage Americans, Asian -Americans, and American Indians. Subrecipient may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. E. Notifications. 1. Notice to workers. Subrecipient will send to each labor union or representative of workers with which it has a collective bargaining agreement or other agreement or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of Subrecipient's commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 2. Solicitations for employment. Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of Subrecipient, state that it is an Equal Opportunity or Affirmative Action employer. F. Prohibited Activity. Subrecipient is prohibited from using funds provided herein or personnel employed in the administration of the program for political activities; sectarian, PY 14 SUBRECIPIENT AGREEMENT - WEST ADA SCHOOL DISTRICT PAGE 8 OF 17 or religious activities; lobbying, political patronage, and nepotism activities. 1. Political activities. Subrecipient agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engage in the conduct of political activities in violation of the Hatch Act (Title V, Chapter 15, U.S.C.). 2. Religious activities. Subrecipient agrees that funds provided under this Agreement will not be utilized for religious activities, to promote religious interests, or for the benefit of a religious organization in accordance with the Federal regulations specified in 24 CFR § 570.2000). G. Labor standards. Subrecipient agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis -Bacon Act as amended; the provisions of Agreement Work Hours and Safety Standards Act; the Copeland "Anti -Kickback" Act (40 U.S.C. §§ 276a, 276c, and 327); and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. Subrecipient shall maintain documentation -which demonstrates compliance with the hour and wage requirements of this part. Such documentation shall be made available to City for review upon request. Subrecipient further agrees that all Contractors engaged under contracts in excess of $2,000.00 for construction, renovation or repair of any building or work financed in whole or in part with assistance provided under this Agreement shall comply with Federal requirements pertaining to such Agreements and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided, that if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve Subrecipient of its obligation, if any, to require payment of the higher wage. H. Section 3 of the Housing and Urban Development Act of 1968. 1. Compliance. Compliance with Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. § 1701) ("Section 3"), the regulations set forth in 24 CFR Part 135, and all applicable rules and orders issued thereunder prior to the execution of this Agreement, shall be a condition of the Federal financial assistance provided under this Agreement and shall be binding upon City, Subrecipient and any of Subrecipient's subrecipients and/or subcontractors. Failure to fulfill these requirements shall subject City, Subrecipient and any of Subrecipient's subrecipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. Subrecipient certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. 2. Subcontract language. Subrecipient further agrees to include the following language in all subcontracts executed under this Agreement: "The work to be PY14 SUBRECIPIENT AGREEMENT- WEST ADA SCHOOL DISTRICT PAGE 9 OF 17 performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. § 1701). Section requires that to the greatest extent feasible opportunities for training and employment be given to low and very low income residents of the project area and Agreements for work in connection with the project be awarded to business concerns that provide economic opportunities for low and very low income persons residing in the metropolitan area in which the project is located." 3. Employment of low- and very -low-income persons. Subrecipient further agrees to ensure that opportunities for training and employment arising in connections with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction projects are given to low and very -low income person residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to low and very low income persons within the service area of the project or the neighborhood in which the project is located, and to low and very low income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project are given to business concerns that provide economic opportunities for low and very low income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to business concerns which provide economic opportunities to low and very low income residents within the service area of the neighborhood in which the project is located, and to low and very low income participants in other HUD programs. Subrecipient certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. 4. Notifications. Subrecipient agrees to send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or understanding, if any, a notice advising said labor organization or worker's representative of its commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. 5. Subcontracts. Subrecipient will include this Section 3 clause in every subcontract and will take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the grantor agency. Subrecipient will not subcontract with any entity where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the entity has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. I. Conflicts of Interest. Subrecipient agrees to abide by the provisions of 24 CFR §§ 84.42 and 570.611m, which include, but are not limited to, the following: PY14 SUBRECIPIENT AGREEMENT -WEST ADA SCHOOL DISTRICT PAGE 10 OF 17 1. Code of Conduct. Subrecipient shall maintain a written code or standards of conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of Agreements supported by Federal funds. 2. Contract selection. No employee, officer or agent of the Subrecipient shall participate in the selection, or in the award, or administration of, a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. 3. Self-interested contracts and nepotism. No persons who exercises or have exercised any functions or responsibilities with respect to CDBG-assisted activities, or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial interest in any Agreement, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, either for themselves or those with who they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. For purposes of this paragraph, a "covered person" includes any person who is an employee, agent, consultant, officer, or elected or appointed official of City, the Subrecipient, or any designated public agency. J. Lobbying. The following certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S.C. Subrecipient hereby certifies that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal Agreement, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal Agreement, grant, loan, or cooperative agreement; 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal Agreement, grant, loan, or cooperative agreement, it will complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; 3. Subrecipient will require that the following language be included in the award documents for all sub -awards at all tiers (including subcontracts, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly: "This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this PY14 SUBRECIPIENT AGREEMENT - WEST ADA SCHOOL DISTRICT PAGE 11 OF 17 transaction imposed by 31 U.S.C. § 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not let less that $10,000 and not more than $100,000 for each such failure." IV. ENVIRONMENTAL CONDITIONS A. Air and Water. Subrecipient specifically agrees to comply with the following regulations insofar as they apply to the performance of this Agreement: 1. Clean Air Act, 42 U.S.C. §§ 7401, et seq. 2. Federal Water Pollution Control Act, as amended, 33 U.S.C. §§ 1251, et seq., relating to inspection, monitoring, entry reports, and information, as well as other requirements specified in said Act, and all regulations and guidelines issued thereunder. 3. Environmental Protection Agency (EPA) regulations pursuant to 40 C.F.R. Part 50. B. Flood Disaster Protection. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. § 4001), Subrecipient shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). C. Lead -Based Paint. Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead -Based Paint Regulations, 24 CFR Part 35, implementing Title X of the Housing and Community Development Act of 1992. These regulations revise the CDBG lead based paint requirements under 24 CFR § 570.608. Such regulations pertain to all CDBG-assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood level screening for children under seven. The notice must also point out that if lead-based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of Federal funds applied to a property, paint testing, risk assessment, treatment and/or abatement may be conducted. D. Historic Preservation. Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470) and the procedures set forth in 36 CFR Part 800, Advisor Council on Historic Preservation Procedures for Protection of Properties, insofar as they apply to the performance of this Agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties PY14 SUBRECIPIENT AGREEMENT- WEST ADA SCHOOL DISTRICT PAGE 12 OF 17 that are fifty years or older or that are included on a Federal, state or local historic property list. V. GENERAL CONDITIONS A. Notices. All 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 of Meridian Attn: Sean Kelly CDBG Program Administrator 33 E. Broadway Avenue Meridian, Idaho 83642 West Ada School District Attn: Marcus Meyers Principal, Meridian Elementary 1303 E. Central Drive Meridian, Idaho 83642 Either party may change its authorized representative and/or address for the purpose of this paragraph by giving written notice of such change to the other party in the manner herein provided. B. Compliance with laws. Subrecipient agrees to comply with HUD regulations concerning CDBG funds, including, but not limited to, 24 CFR Part 570 and subpart K of such regulations. Subrecipient also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this Agreement, except that: (1) Subrecipient does not assume the recipient's environmental responsibilities described in 24 CFR 570.604, and (2) Subrecipient does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52. C. Copyright. Contracts of agreements for the performance of experimental developmental or research work shall provide for the rights of the Federal Government and the recipient in any resulting invention in accordance with 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants Contracts and Cooperative Agreements." D. Independent Contractor. Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. Subrecipient shall at all times remain an independent Contractor with respect to the services to be performed under this Agreement. City shall provide no benefits or insurance coverage whatsoever to Subrecipient and/or to its agents. E. Indemnity. Subrecipient, and each and all of its employees, agents, contractors, officials, officers, servants, guests, and/or invitees, and all participants in Subrecipient's programming, shall hold harmless, defend and indemnify City from and for all such losses, claims, actions, and/or judgments for damages or injury to persons or property and/or losses and expenses caused or incurred by Subrecipient and/or its employees, agents, contractors, officials, officers, servants, guests, and/or invitees, and participants in PY 14 SUBRECIPIENT AGREEMENT - WEST ADA SCHOOL DISTRICT PAGE 13 OF 17 its programming, and other costs, including litigation costs and attorneys' fees, arising out of, resulting from, or in connection with the performance of this Agreement by Subrecipient and/or Subrecipient's employees, agents, contractors, subcontractors, officials, officers, servants, guests, invitees, participants, and/or volunteers and resulting in and/or attributable to personal injury, death, and/or damage and/or destruction to tangible or intangible property. F. Workers' Compensation. Subrecipient shall provide Workers' Compensation Insurance coverage for all employees involved in the performance of this Agreement. G. Insurance and bonding. Subrecipient shall carry sufficient insurance coverage to protect Agreement assets from loss due to theft, fraud and/or undue physical damage. Further, Subrecipient shall comply with the bonding and insurance requirements of 24 CFR §§ 84.31 and 84.48. H. Grantor Recognition. Subrecipient shall publically recognize the role of City in providing services under this Agreement. In addition, Subrecipient will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement. I. Amendments. The parties hereto may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each party, and approved by City's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release either party from its obligations under this Agreement. City may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both parties. J. Termination. 1. Notice of termination. Either party may terminate this Agreement by, at least 30 days before the effective date of such termination, giving written notice to the other party of such termination and specifying the effective date thereof. 2. Partial termination. Partial terminations of the Scope of Service as set forth herein may only be undertaken with the prior approval of City. 3. Work completed. In the event of any termination for convenience, all finished or unfinished documents, data, studies, surveys, maps, models, photographs, reports of other materials prepared by Subrecipient under this Agreement shall, at the option of City, become the property of City, and Subrecipient shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents or materials prior to the termination. PY 14 SUBRECIPIENT AGREEMENT- WEST ADA SCHOOL DISTRICT PAGE 14 OF 17 4. Termination for convenience. In accordance with 24 CFR § 85.44, suspension or termination of the Agreement, in whole or in part, may occur for convenience. 5. Termination for material noncompliance. In accordance with 24 CFR § 85.43, suspension or termination of the Agreement, in whole or in part, may occur if Subrecipient materially fails to comply with any term of this Agreement, which shall include, but shall not be limited to, the following: a. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; b. Failure by Subrecipient to fulfill in a timely and proper manner its obligations under this Agreement; c. Ineffective or improper use of funds provided under this Agreement; or d. Submission by the Subrecipient to City reports that are incorrect or incomplete in any material respect. 6. Penalty for material noncompliance. In addition to suspension or termination of this Agreement and/or any other remedies as provided by law, upon a finding of material noncompliance, City may declare Subrecipient ineligible for any further participation in City CDBG programming. In the event there is probable cause to believe Subrecipient is in noncompliance with any applicable rules or regulations, City may withhold up to fifteen (15) percent of said Agreement funds until such time as Subrecipient is found to be in compliance by City, or is otherwise adjudicated to be in compliance. K. Assignment. Subrecipient shall not assign or transfer any interest in this agreement without prior written consent of City; provided, however, that claims for money due or to become due to Subrecipient from City under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any assignment or transfer shall be furnished promptly to City. L. Subcontractors. 1. City must approve. Subrecipient shall not enter into any subcontracts with any agency or individual in the performance of this Agreement without the prior written consent of City. All subcontracts entered into in the performance of this Agreement shall be awarded pursuant to any applicable provisions of the City Purchasing Policy and/or local, state, or federal laws. 2. Monitoring. Subrecipient shall monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance. Subrecipient shall furnish and cause each of its own subrecipients or subcontractors to furnish all information and reports required hereunder and will permit access to its books, records and accounts by City, HUD or PY14 SUBRECIPIENT AGREEMENT -WEST ADA SCHOOL DISTRICT PAGE 15 OF 17 its agent, or other authorized Federal officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. 3. Subcontract content. Subrecipient shall cause all provisions of this Agreement in their entirety to be included in and made a part of any subcontract executed in the performance of this Agreement. Specifically, without limitation, Subrecipient shall include the provisions of this Agreement regarding Civil Rights and Affirmative Action in every subcontract or purchase order, specifically or by reference, to ensure that such provisions will be binding upon all subcontractors. 4. Documentation. Executed copies of all subcontracts shall be forwarded to City along with documentation concerning the selection process. M. Relocation, real property acquisition, and one-for-one housing replacement. Subrecipient agrees specifically, without limitation, to comply with: 1. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(b); 2. The requirements of 24 CFR 570.606(c) governing the Residential Anti -displacement and Relocation Assistance Plan under section 104(d) of the HCD Act; and 3. The requirements in 24 CFR 570.606(d) governing optional relocation policies. Subrecipient shall provide relocation assistance to displaced persons as defined by 24 CFR 570.606(b)(2) that are displaced as a direct result of acquisition, rehabilitation, demolition or conversion for a CDBG-assisted project. N. No contractual impediments. Subrecipient certifies and agrees that no contractual or other disability exists which would prevent compliance with these requirements. O. Severability. If any provision of this Agreement is held invalid, the reminder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect. P. 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. Q. Non -waiver. Failure of either party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any party's right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time after the governing body of either party becomes entitled to the benefit thereof, notwithstanding delay in enforcement. R. Approval required. This Agreement shall not become effective or binding until approved by the respective governing bodies of both City and Subrecipient. PY14 SUBRECIPIENT AGREEMENT - WEST ADA SCHOOL DISTRICT PAGE 16 OF 17 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. SUBRECIP T: West A h o District B y: r. Linda Clark District Superintendent '��IIIIIfdLd•, �1c.••'' • 1. U� �'•. e 4�: • ,oTAR1� •� 'Z :• f'UBI.ZG �.• �: �'•i�� fOF 8111 0P�`, CITY: STATE OF IDAHO ) ss: County of -Ada. ) �� I HEREBY CERTIFY that on this ✓u' day of r I , before the undersigned, a Notary Public in the State of Idaho, personally appeared Linda Clark, proven to me to be the person who executed the said instrument, and acknowledged to me that such person executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, theday and year in this certificate first a ve written. Notary Public for Idaho Residing at '124 LI.CGI.( a YL , Idaho My Commission Expires: 9-2-7- oU21 Attest: _ (I _ S B Tam((ny/de Weerd Ma City of Y Y Mayor ILEI ycee olman, City Clerk SEAL � roaio 'h�rneasua PY14 SUBRECIPIENT AGREEMENT — WEST ADA SCHOOL DISTRICT PAGE 17 OF 17 Meridian City Council Meeting DATE: May 12, 2015 ITEM NUMBER: 5D PROJECT NUMBER: ITEM TITLE: Bienville Square Sub. No. 3 Water Main Easement MEETING NOTES r✓ APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS num wury i r KtU JHutK Christopher D. Rich 2015-041022 BOISE IDAHO Pgs=5 LISA BATT 05/14/201510:03 AM MERIDIAN CITY NO FEE 1111111 IN IIIIIII111111 IIIIIIII111111II I III III 00087766201600410220060067 WATER MAIN EASE' MEIN I 1a �-aJi THIS INDENTURE, made this 4 day of�L , 20� between ��I A AU y" r, JLQhe parties of the first part, and hereinafter called the GRANTORS, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the GRANTEE; WITNESSETH: WHEREAS, the GRANTORS desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the GRANTEE; NOW, THEREFORE, in consideration of the benefits to be received by the GRANTORS, and other good and valuable consideration, the GRANTORS do hereby give, grant and convey unto the GRANTEE the right-of-way for an easement over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, repair, replacement and subsequent connection at the convenience of the GRANTEE, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said GRANTEE, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs, performing maintenance, replacements or subsequent connections to the water mains, GRANTEE shall restore the area of the easement and adjacent property to that existent prior to undertaking such procedures. However, GRANTEE shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the GRANTEE that should any part of the right- of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. Water Main Easement EASMT WAT 11-15-13.doc THE GRANTORS do hereby covenant with the GRANTEE that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. G: M3 JN PSTMENTS, LLC Cory , raging Member of Alliance Management Consultants, Managing Member of M3 Investments LLC moo Q� Secretary Qs Address STATE OF IDAHO ) : ss. County of Ada ) On this day of AVLAS 20 , be ore me, the undersigned, a Notary Public in and for said State, personally appeared t and Ci t Vt a A & LLE__b l , known or identified to me to be the Managing Member of Alliance Management Consultants, LLC Managing Member of M3 Investments LLC and Secretary of Alliance Management Consultants, LLC, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and aff, ed my official seal the day and year first above written. SEAL,K�l!1N N''r OTARY PUBLIC FOR IDAHO Residing at: //D Commission Expires: ? s•�l Q? Water Main Easement EASMT WAT 11-15-13.doe GRANTEE: CITY OF MERIDIAN Tammy de e d, MayoY �yORATEp9LCGST �Age'—'"Q A . � . n il...L h' of � Holman, City Approved By City Council On: D -xa.' STATE OF IDAHO, ) : ss County of Ada ) On this 1--� day of Uad , 20 1 <— , before me, the undersigned, a Notary Public in and for said State, personally appeared Tammy de Weerd and Jaycee L. Holman, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAJ)..•• •51CA rTob• 'p • II • • 1 • NMARI PUBpLII Residing at: Me h Commission Expires: IDAHO k. r\ l Water Main Easement EASMT WAT 11-15-13.doe EXHIBIT "A" DESCRIPTION FOR MERIDIAN CITY WATER EASEMENT PROPOSED BIENVILLE SQUARE SUBDIVISION NO.3 04/06/15 AN EASEMENT LOCATED IN LOTS 31 AND 32, BLOCK 1 OF BIENVILLE SQUARE SUBDIVISION NO.2, AS RECORDED IN THE ADA COUNTY RECORDERS OFFICE, IN THE HE 114 OF SECTION 5, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 5, TOWNSHIP 3 NORTH, RANGE i EAST, BOISE MERIDIAN, THENCE S 46"49'01" W, 866.41 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE S 18°35'00" W 80.77 FEET TO A POINT THENCE S 04°30'02" W 439,69 FEET TO A POINT; THENCE S 02"3T15" E 99.10 FEET TO A POINT; THENCE S 48"40'14" E 31.37 FEET TO A POINT; THENCE S 02°08'31" E 136.57 FEET TO A POINT; THENCE S 77"28'46" W 20.33 FEET TO A POINT; THENCE N 02"08'31" W 131.61 FEET TO A POINT; THENCE N 48°46'14" W 31.27 FEET TO A POINT; THENCE N 02'37'16" W 108.87 FEET TO A POINT; THENCE N 04°30'02" E 443.40 FEET TO A POINT; TIIENCE N 18°35'00" E 83.24 FEET TO A POINT; THENCE S 71"25'00" E 20.60 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION, CONTAINING 15,859 SQ.FT.. MORE OR LESS.. Water Main Easement EASMT WAT 11-15-13.doe EXHIBIT B /CARO (q £ L�232133� \ \ E. USiICK ROAD _p�_ 5'T 4 .� (PRIVATE) 84 64 I o ' 88Noo Fn 65 .o 86 m m ao 67� I �91= 68 67 66 z 88 m 5 [ 89 m 10=100, 5 4 63 A 90 �I{{ I I' o I1 m 91 69 70- < LINE TABLE r UNE BEARING DISTANCE M 92 7 > �^ L7 S 18,35,00" W 80.77 z z L2 S 04'30'02" W 439.69' 93 r j L3 S 02'37'15' IF 99.10' m 72 z�m L4 S 46'46'14" E 31.37' 94 84 73 ml u, L5 S 02'08'31" E 136.57' A M 95 z O L6 S 77'28'46" W 20.33' 77 N 02'0831" W 131.61 tmn 96 74—J N L8 N 48'46'14' W 31.27' c BL CK 1 75 o L9 N 0237'15' W 108.87' ED 4 �� 97 �z L10 N 04'30'02" E 443.40' L11 N 18'35'00 E 83.24' z i ' 98 78 L12 S 71' 5'00" E 20.00' 77� 6 0 99 N '00 78 101 79--I - LANA ! 102 81 I I 6 F6 9 B 103 81 � .0 104 82 W 83 T�T� 00 �4� �pRNP'fEi� 63 311-05-1-0-0-0-00-00 Water Main Easement EASMT WAT 11-15-13.doc Meridian City Council Meeting DATE: May 12, 2015 ITEM NUMBER: 5E PROJECT NUMBER: VAC 15-002 ITEM TITLE: Resolution No. 1 1� - `o (P 5 Calderwood Business Park by GGR, LLC Located Southeast Corner of S. Meridian Road and E. Calderwood Drive Request: Vacate a Portion of Note # 14 of Larkspur Subdivision That Requires Lot 5, Block 1 to Provide Commercial Access to Lot 2, Block 1 AND Reduce the Landscape Buffer Width from 40 Feet to 35 Feet MEETING NOTES 9 APPINED 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 2015-041021 BOISE IDAHO Pgs=2 LISA BATT 05/14/2015 10:03 AM MERIDIAN CITY NO FEE 11111111111111111111111111111111111111111111111111111 00097766201500410210020020 CITY OF MERIDIAN RESOLUTION NO. /5— /0&5 - BY D&5 - BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA A RESOLUTION VACATING A PORTION OF NOTE #14 OF LARKSPUR SUBDIVISION THAT REQUIRES LOT 5, BLOCK 1 TO PROVIDE COMMERCIAL ACCESS TO LOT 2, BLOCK 1 AND REDUCE THE PLATTED WIDTH OF MERIDIAN ROAD LANDSCAPE BUFFER FROM 40 FEET TO 35 FEET. SUBJECT PROPERTY IS LOCATED ON THE SOUTHEAST CORNER OF S. MERIDIAN ROAD AND E. CALDERWOOD DRIVE IN THE NW'/4 OF SECTION 19, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on May 12, 2015 the City Council of Meridian, held a hearing on the vacation of a portion of note #14 of Larkspur Subdivision that requires Lot 5, Block 1 to provide commercial access to Lot 2, Block 1 AND reduce the platted width of the Meridian Road landscape buffer from 40 feet to 35 feet. WHEREAS, the subject property is located on the southeast corner of S. Meridian Road and E. Calderwood Drive in the NW '/4 of Section 19, Township 3 North, Range I East, Boise Meridian, City of Meridian, Ada County, Idaho, and WHEREAS, after such hearing, the City Council, by formal motion, did approve said described vacation; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That a portion of note #14 of Larkspur Subdivision that requires Lot 5, Block 1 to provide commercial access to Lot 2, Block 1 AND reduce the platted width of the Meridian Road landscape buffer from 40 feet to 35 feet. The subject property is located on the southeast corner of S. Meridian Road and E. Calderwood Drive in the NW `/4 of Section 19, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho. CALDERWOODBusiNEss PARK -VAC -15-002 PAGE I of 2 Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this J� day of 2015. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this �a dayof 12 ATTEST: o44oRpteo AUG& . "'g_ y y �W CI[ OE Jaycee I0Iolman, City Clerk A DAHO ^r SEAL V 9't/de tPF A`+0. STATE OF IDAHO, ) ) ss County of Ada ) On this 1D day of " ad , 2015, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and JAYCEE L. HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. :.�S1CA J0••. (SE A.1'j54'�DT4 �N CALDER JSiFd s' � VAC -15-002 q� OF IDS.• N041ARY'MUBLIC FOR IDA -E RESIDING AT: I '� 1 MY COMMISSION EXPIRES: PAGE 2 OF 2 Meridian City Council Meeting DATE: May 12, 2015 ITEM NUMBER: 5F PROJECT NUMBER: ITEM TITLE: Resolution No. 15-1059A: Amending Citywide Records Retention Schedule To Add Updates To Meridian Police Department Provisions MEETING NOTES rte✓ APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN BY THE CITY COUNCIL: RESOLUTION NO. 15-1059A BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA A RESOLUTION AMENDING THE CITY OF MERIDIAN'S CITYWIDE RECORDS RETENTION SCHEDULE TO ADD UPDATES TO MERIDIAN POLICE DEPARTMENT RECORDS TO INCLUDE DIGITAL MEDIA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on April 7, 2015 the Mayor and City Council adopted and approved Resolution 15-1509, which updated the Citywide Records Retention Schedule; and WHEREAS, the Meridian Police Department now wishes to amend the police department section of the Citywide Records Retention Schedule to, inter alia, include a records retention period for digital media; and WHEREAS, the desired update to the current Citywide Records Retention Schedule has been incorporated and the amended Citywide Records Retention Schedule is attached hereto as Exhibit A; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the City Council of the City of Meridian hereby adopts the 2015 amended Citywide Records Retention Schedule attached hereto as Exhibit A. Section 2. That the City Clerk is hereby authorized to implement the Citywide Records Retention Schedule adopted by this Resolution. 2015. 2015. Section 3. That this Resolution shall be in full force and effect on the 12th day of May, ADOPTED by the City Council of the City of Meridian, Idaho this 12th day of May, APPROVED by the Mayor of the City of Meridian, Idaho, this 12th day of May, 2015. A UCV\ I ATTEST: Tammy d erd, Mayor p c'�'°f FYI I06lman, City Clerk E IDIAN- IDAHO SEAL, n�yrFQ ��dr iAEASUP�'V�y~�. CITY OF MERIDIAN 2015 AMENDED RECORDs RETENTION SCHEDULE PAGE 1 OF 64 EXHIBIT A 2015 RECORDS RETENTION SCHEDULE CITY OF MERIDIAN 2015 AMENDED RECORDS RETENTION SCHEDULE PAGE 2 OF 64 E F�IDIAN DAH RECORDS RETENTION SCHEDULE CITY OF MERIDIAN 2015 AMENDED RECORDS RETENTION SCHEDULE PAGE 3 OF 64 INTRODUCTION In basic terms, the definition of a public record, as established by Idaho law, is any recorded information that relates to the business of city government. Public records can be on any medium — paper documents, books, maps, pictures, audio/visual recordings, microfilm or microfiche, as well as digital or electronic documents, including computer files and email. Idaho Code section 50-907(5) requires every city in Idaho to adopt a records retention schedule, listing the types of city records retained by the City and the retention period for each type of record. Each record is designed as a permanent, semipermanent, temporary, or transitory record. Permanent records may not be destroyed, but must be retained by the City in perpetuity, or transferred to the Idaho State Historical Society's Permanent Records Repository for permanent retention upon resolution of the City Council. Semipermanent and temporary records are to be retained for the period specified in the retention schedule, after which period destruction of those records may be approved by resolution of the City Council according to the procedures established in Idaho Code section 50-907. THE CITY CLERK'S ROLE Idaho Code section 50-908 outlines the role and responsibilities of the city clerk as municipal records manager. That law directs the City Clerk to: ensure the orderly and efficient management, retention, and destruction of City records in compliance with state and federal laws and city ordinances, resolutions and policies; identify and care for historical records; and coordinate the transfer of permanent records to the Idaho state historical society's permanent records repository. All City employees and elected officials have responsibilities with regard to City records. Idaho Code 50-908 establishes those responsibilities. Employees and officials must: protect the records in their custody; cooperate with the City Clerk to efficiently manage records and preserve records of enduring value; and pass on to their successors records necessary for the continuing conduct of city business. All city records are property of the city, and no city official, elected, appointed or staff, may assert any personal or property right to such records, even where he or she may have developed or compiled them. The unauthorized destruction or removal of city records is prohibited by law. FINAL DISPOSITION OF RECORDS As set forth above, permanent records are never destroyed — they are retained in perpetuity by the city or transferred to the state archives. Nonpermanent records may be destroyed, but only in accordance with the process established by Idaho Code. The process for destruction of nonpermanent records typically begins once the records have reached their minimum retention period, but there are some important exceptions, where circumstances dictate that records must be kept longer: ■ Records related to pending criminal or civil cases; CITY OF MERIDIAN 2015 AMENDED RECORDS RETENTION SCHEDULE PAGE 4 OF 64 ■ Records that are the subject of a pending public records request; ■ Records needed for any pending audit or investigation; and ■ Records that may have considerable historical value. The first step in the record destruction process is that the City Clerk obtains approval for the destruction of the records from the City Attorney's Office. If appropriate, the City Attorney's Office prepares a resolution and submits it to City Council for approval to destroy the records. The City Clerk then sends the approved resolution to the Idaho State Historical Society at least thirty (30) days prior to destruction. When all of these steps are complete, the City Clerk notifies the department that it may destroy the designated records. APPENDIX A: FAQ Records Retention and Destruction Table Appendix A provides employees quick answers to frequently asked questions about retention and destruction of records. CITY OF MERIDIAN 2015 AMENDED RECORDS RETENTION SCHEDULE PAGE 5 OF 64 CITY ATTORNEY'S OFFICE RECORD DESCRIPTION CATEGORY RETENTION PERIOD Legal Department Bankruptcy Records documenting notification to Semipermanent 10 years after case closed Notices and Case the city that certain individuals have IC §50-907(2)(a) or dismissed, or date of Files filed for bankruptcy, and used to last action determine if the individual owes money to the city and to file notice or claim with the court. Information may include: debtor's name, accounts information, prepared repayment plan and related documentation. Civil Case Files Pending and closed cases filed by Semipermanent Keep 10 years after case and against the city, including all IC §50-907(2)(g) closed or dismissed, or pre -litigation, litigation, appellate date of last action documents (complaints, summons, investigations, reports, attorney notes, discovery -related records, pleadings, deposition transcripts, disposition, orders and judgments, settlement and mediation information, appeals, and related records), and bankruptcy files. Departmental Reports prepared by the city Semipermanent 5 years after date of Reports attorney for the mayor and city IC §50-907(2)(e) issuance or completion of council. the matter contained within the record Forms, templates Legal forms and templates. Transitory Until superseded Land Use Appeals of land use decisions, Semipermanent Keep 10 years after case Appeals including staff reports, pleadings, IC §50-907(2)(g) closed or dismissed, or briefs, and related records. date of last action Legal Opinions, Formal and informal opinions and Permanent In perpetuity Memoranda memoranda rendered by the city IC §50-907(1)(h) attorney for the mayor, city council, or city departments, examining legal questions relating to state/federal law/rules or local ordinances/policies. Risk Management Claim Files Claims for damages filed by and Semipermanent Keep 10 years from date against the city, including claims IC §50-907(2)(g) of resolved claim, CITY OF MERIDIAN 2015 AMENDED RECORDs RETENTION SCHEDULE PAGE 6 OF 64 RECORD DESCRIPTION CATEGORY RETENTION PERIOD caused by city employees/ provided there is no equipment, including Property litigation. See Civil Case Damage Records, Liability Claims Files for Litigated Records, Public Injury Reports, and Claims. related correspondence. Insurance Policy Records documenting the terms and Permanent Keep property and Records conditions of city insurance policies liability insurance covering liability, property, motor policies permanently vehicle, etc. Records usually include: policies, endorsements, rate change notices, agent of record, and related documents. CITY OF MERIDIAN 2015 AMENDED RECORDS RETENTION SCHEDULE PAGE 7 OF 64 COMMUNITY DEVELOPMENT SERVICES DEPARTMENT RECORD DESCRIPTION CATEGORY RETENTION PERIOD Building Division Building Plans and Drawn and written Approved for Permanent In perpetuity Specifications for Construction plans and specifications for IC §50 - Commercial and commercial and government buildings. 907(1)(c) Government Buildings Building Project Files related to commercial and Semipermanent 10 years Files governmental buildings and projects; may IC §50 - include: permit application, Certificate of 907(2)(c) Occupancy signature card, Temporary Certificate of Occupancy, Certificate of Occupancy, Certificate of Values, Building, Mechanical, Plumbing, and/or Electrical Permit requests for permit and/or permit, Ada County Highway District Impact Fee certificate, inspectors' reports to Building Official, mechanical compliance certificate, transmittals, irrigation performance specs, fee invoice, photos, correspondence, plan review report, and structural calculations. Fire Inspection File of documents created or used by the Semipermanent 10 years Files fire inspector regarding commercial or IC §50 - governmental projects; may include: fire 907(2)(g); correction notice, alarm system record of International completion, review comments and Fire Code conditions, fire sprinkler plan review section 104.6 comments and conditions, system specification sheet, hazardous materials inventory statement, range hood systems report, industrial fire suppression system report, generator set commissioning sheet, contractors material test certificate, alarm plans, sprinkler plans, fire permit applications, fire review and inspection fee calculation form, memos, correspondence, and transmittals. Economic Development" Economic HTML text stored in economic Transitory Until updated or Development development website's external data base. superseded Website Land Division Land DevelopmentFile of documents created or used in the Semipermanent 100 years Commercial Project land development phase of a commercial IC §50 - Files project; may include: approval letters, 907(2)(g) CITY OF MERIDIAN 2015 AMENDED RECORDS RETENTION SCHEDULE PAGE 8 OF 64 RECORD DESCRIPTION CATEGORY RETENTION PERIOD invoices, application review comments, easements, soil report, inspection reports, and/or engineer certifications pertaining to development applications (e.g., preliminary plat, final plat, rezone, conditional use permit, annexation, right- of-way vacation, variance, property boundary adjustment). Approved for Construction drawings, Transitory Until administrative record drawings. (records need ends retained by PW) Land Development File of documents created or used in the Semipermanent 100 years Subdivision Project land development phase of a residential IC §50 - Files or commercial subdivision project; may 907(2)(g) include: approval letters, invoices, application review comments, easements, soil report, inspection reports, and/or engineer certifications pertaining to development applications (e.g., preliminary plat, final plat, rezone, conditional use permit, annexation, right- of-way vacation, variance, property boundary adjustment). Approved for Construction drawings, Transitory Until administrative record drawings. (records need ends retained by PW) Land Development Revised set of drawing submitted by Transitory Until administrative Record Drawings contractor upon completion of land (records need ends development phase of a commercial, retained by PW) governmental, or residential project or components thereof, Approved for Construction plans during construction process, as well as dimensions and location of all elements of work as built. Permits and Building, Mechanical, Plumbing, and/or Semipermanent 5 years Inspection Records Electrical permits and inspection records. IC §50- 907(2) (g) Receipts Receipts for fees collected by Transitory Current fiscal year Building/Development Services; monthly receipt report; duplicate tape/reports. Planning Division Accessory Use Application. Records also may include: Permanent In perpetuity Permits for administrative review documents Daycare or Home including copy of issued permit, and the Occupation original signed copy of home occupation compliance statements. Alternative Application. Records also may include: Permanent In perpetuity Compliance administrative review documents CITY OF MERIDIAN 2015 AMENDED RECORDS RETENTION SCHEDULE PAGE 9 OF 64 RECORD DESCRIPTION CATEGORY RETENTION PERIOD including copy of issued approval with accompanying CZC or final plat. Annexation Application. Records also may include: Permanent In perpetuity annexation development agreement, IC §50 - notices of hearing, staff report, 907(1)(e) recommendations of the planning and zoning commission, maps, City Council decision, ordinance, legal description, etc. Area of City Records include public notices, Permanent In perpetuity Impact; correspondence, notices of hearing, IC §50 - Negotiations recommendations from the planning and 907(1)(a)(b)(e) zoning commission, maps, "committee of and (h) nine" proceedings, etc. Community Plans, reports, and related Permanent In perpetuity Development Block correspondence, documentation. IC §50 - Grant (CDBG); 907(1)(h) Plans and Reports Community Agreement; records may include Semipermanent 10 years from the Development Block consolidated annual performance X§50- completion of a Grant (CDBG); evaluation report (CAPER). 907(2)(g) program year's Sub Recipient HUD Approved Agreements CAPER Certificate of Application. Records also may include: Permanent In perpetuity Zoning Compliance proposed site/landscape plan with IC §50 - parking, landscaping, setbacks, lot area, 907(1)(h) administrative review documents, copy of See also certificate, etc. IC §50- 907(2)(C) City Council Application for City Council Review. Permanent In perpetuity Review (appeal) IC §50- 907(1)(h) Comprehensive Application with map, map and text Permanent In perpetuity Plan amendments, future land use and IC §50 - acquisition maps and related documents. 907(1)(e) Records also may include: related documents, notices of hearing, staff report, planning and zoning commission recommendations, decision, related correspondence, adopting resolution, etc. Conditional Use Application. Records also may include: Permanent In perpetuity Permit; blueprint drawings, notices of hearing, IC §50 - Modification staff report, planning and zoning 907(1)(h) commission recommendations, decision, related correspondence, etc. Design Review Application. Records also may include: Permanent In perpetuity records related to design review overlay IC §50 - districts, staff reports, committee 907(1)(h) recommendations, material boards, maps, CITY OF MERIDIAN 2015 AMENDED RECORDS RETENTION SCHEDULE PAGE 10 OF 64 RECORD DESCRIPTION CATEGORY RETENTION PERIOD photographs, etc. Development Development agreement including: Permanent In perpetuity Agreement; records documenting formation, IC §50 - Modification modification including application to 907(1)(e) modify conditions, application to extend the time to sign the agreement, and termination of development agreement. Director Application and decision. Semipermanent 10 years Determination IC §50- 907(2)(g) Planned Unit Application. Records also may include: Permanent In perpetuity Development maps, diagrams, site plans, notices of IC §50 - hearing, staff report, 907(1)(h) recommendation/decision by the planning and zoning commission, correspondence, etc. Planning Studies Planning studies and related Permanent In perpetuity not adopted into the documentation. IC §50 - Comprehensive 907(1)(h) Plan or UDC Plat, Final; Application. Records also may include: Permanent In perpetuity Modification to map, plan, proof of ownership, applicable IC §50 - Condition statement(s) of conformance, staff report, 907(1)(e) correspondence, Director determination, City Council decision, application for modification of condition(s) and decision, etc. Plat, Preliminary Application. Records also may include: Permanent In perpetuity map, staff report, correspondence, IC §50 - decision, etc. 907(1)(e) Plat, Preliminary Application. Records also may include: Permanent In perpetuity and Final final plat and supporting records, staff X§50 - report, correspondence, decision, etc. 907(1)(e) Plat, Short Application. Records also may include: Permanent In perpetuity map, staff report, correspondence, IC§50- decision, etc. 907(1)(e) Private Road; Application. Records also may include: Permanent In perpetuity Permit map, documents related to access, IC §50 - maintenance, right-of-way, easement, 907(1)(e) correspondence, decision, etc. Property Boundary Application. Records also may include: Permanent In perpetuity Adjustment tentative Director approval documentation, IC §50 - recorded survey, conditions of approval, 907(1)(e) Director determination, certificate of zoning compliance, etc. CITY OF MERIDIAN 2015 AMENDED RECORDS RETENTION SCHEDULE PAGE 11 OF 64 RECORD DESCRIPTION CATEGORY RETENTION PERIOD Rezone Application. Records also may include: Permanent In perpetuity rezone agreement, notices of hearing, IC §50 - staff report, recommendations of the 907(1)(e) planning and zoning commission, maps, decision, ordinance, etc. Sign; Planned Sign Application. Records also may include: Semipermanent 5 years after Program; Permit sign design/drawings, correspondence, IC §50-907(2)g) expiration, staff notes, tentative Director approval, revocation, or denial decision, permit, etc. Sign, Temporary Application. Records also may include: Transitory 1 year and/or Limited sign design/drawings, correspondence, Duration; Permit staff notes, decision, permit, etc. Time Extension, Application, staff report, and decision. Semipermanent 5 years Director, Planning IC §50- & Zoning 907(2)(g) Commission or Council Unified Application with proposed code Permanent In perpetuity Development Code; amendments. Records may include: staff IC §50 - Amendment report, recommendation of the planning 907(1)(e) and zoning commissioner, correspondence, decision, ordinance, etc. Vacation Records Records include petitions to vacate, maps, Permanent In perpetuity descriptions of property, staff reports, IC §50 - letters of relinquishment and other 907(1)(e) correspondence, decision, etc. Variance Application. Records also may include: Permanent In perpetuity Idaho Transportation Department correspondence and/or decisions, decision(s), etc. Zoning Verification Letter and related documentation. Temporary 2 years Letter IC §50- 907(3)(d) CITY OF MERIDIAN 2015 AMENDED RECORDS RETENTION SCHEDULE PAGE 12 OF 64 FINANCE DEPARTMENT RECORD DESCRIPTION CATEGORY RETENTION PERIOD Accounting Transaction records within the Semipermanent 10 years Software Records Accounting Software system: including — IC §50 - payroll, vendor listing, vendor payments, 907(2)(a) vendor purchase orders, budget transactions, cash receipts, and general ledger. Accounts Payable Records documenting payment of city Semipermanent 5 years bills, including reports, invoices, purchase IC §50 - orders, payment authorizations. 907(2)(a) Accounts Records documenting billing and Semipermanent 5 years Receivable collection of monies owed to the city by IC §50 - vendors, citizens, organizations, 907(2)(a) governments, etc. Records include: reports, receipts, invoices, statements, etc. Information typically includes: receipt amount, date, invoice number, name, account number, account balance, adjustments, etc. Audit Report Documents the city's annual audit, Permanent In perpetuity examining compliance with generally IC §50 - accepted accounting principles and 907(1)(d) methods, the accuracy and legality of transactions and accounts, and compliance with requirements, orders, and regulations pertaining to the financial condition and operation of the city. Information includes: financial statements, auditor's report and recommendations, single audit information concerning federal grants, and other information. Bank Transaction Records documenting the status and Semipermanent 5 years Records transaction activity of city bank accounts, IC §50 - including account statements. 907(2)(a) Bond Records Records documenting financing of city Permanent In perpetuity improvements through bonded IC §50 - indebtedness. Records include: bond 9 0 7 (1) (a) (b) (h) rating information, bond and election ordinances, legal notices announcing bond election, bond counsel information and opinions, covenants, paid bonds and coupons, bond registers, State Treasurer public bond issue reports (IDAPA 54.01.01), etc. CITY OF MERIDIAN 2015 AMENDED RECORDS RETENTION SCHEDULE PAGE 13 OF 64 RECORD DESCRIPTION CATEGORY RETENTION PERIOD Budget Hearing Newspaper notice of budget hearing. Permanent In perpetuity Notice IC §50- 907(1) (h) Budget Records Records used in preparing and adopting Semipermanent 10 years the city budget, including revenue IC §50 - projections, instructions, department 907(2)(a) requests, worksheets, council -approved tentative budget and notice of budget hearing, adopted appropriations ordinance and amendments, and other information. Cancelled Checks Bank record of account transactions. Semipermanent 5 years IC §50- 907(2) (a) Capital Asset Record of purchase, vendor invoice and Semipermanent 5 years Record related documents. IC §50- 907(2) (a) Record of disposal, department request of Semipermanent 5 years after disposal disposal. IC §50- 907(2) (a) Cash Receipts Receipt and supporting documentation Semipermanent 5 years IC §50- 907(2) (a) Contracts Agreements with vendors and other Semipermanent 5 years from date of parties for the acquisition or sale of IC §50- substantial equipment, supplies, services or property, 907(2) (b) completion also includes insurance certificates, payment and performance bonds pertaining to a solicitation or contract that Purchasing is facilitating. Departmental Reports documenting the financial Semipermanent 10 years Reports condition and operation of the city, issued IC §50 - on a monthly, quarterly, annual or other 907(2)(e) basis, including quarterly published treasurer's report and year-end financial reports. Reports include information on revenues and expenditures in relation to the final budget. Financial Reports Reports documenting the financial Semipermanent 10 years Quarterly condition and operation of the city, IC §50 - Published Reports include information on revenues 907(2)(e) and expenditures in relation to the final budget. Financial Reports Reports documenting the financial Permanent In perpetuity CITY OF MERIDIAN 2015 AMENDED RECORDs RETENTION SCHEDULE PAGE 14 OF 64 RECORD DESCRIPTION CATEGORY RETENTION PERIOD Year End condition and operation of the city, Audit IC §50 - Report. 907(1) (d) General Ledgers Records documenting the summary of Semipermanent 10 years accounts reflecting the financial position IC §50 - of the city, showing debit, credit and 907(2)(a) balance amounts per account, budget, fund and department, asset depreciation, and totals for notes receivable, interest income, amounts due from other funds, bank loans received, cash in escrow, deferred loans received, cash, revenue, accounts receivable, accounts payable, etc. Gift & Records documenting gifts and Semipermanent 10 years Contribution contributions to the city. IC §50 - Records 907(2)(a) Grant Records Records documenting the application, Semipermanent 10 years from final (final reports, grant evaluation, awarding, administration, IC §50- grant close-out applications and reporting and status of grants applied for, 907(2)(g) awards) received, awarded or administered by the city. Records include: applications and proposals, summaries, objectives, activities, budgets, exhibits, award notices, progress reports, contracts, financial reports, and related correspondence and documentation. Investment Records Reports, statements, summaries, Semipermanent 5 years correspondence and other records IC §50 - documenting and tracking investments 907(2)(a) made by the city, including the Local Government Investment Pool. Lease Agreements Lease agreements for property or Semipermanent 5 years equipment. IC §50- 907(2) (b) Local Improvement Records documenting the formation of a Permanent In perpetuity Districts (LID) local improvement district and levying of IC §50 - special assessments, including: ordinance, 907(1)(e) published notices, assessment roll, appeals, affidavits, bonds and coupons, delinquencies, and related correspondence and documents. Payroll Reports, statistical studies, and other Semipermanent 10 years Administrative records designed and used for budget IC §50 - Reports preparation, projections, workload and 907(2)(e) personnel management, and research and general reference. Payroll Deduction Records documenting employee Semipermanent 5 years after Authorization authorization for voluntary payroll IC §50- employee separation CITY OF MERIDIAN 2015 AMENDED RECORDS RETENTION SCHEDULE PAGE 15 OF 64 RECORD DESCRIPTION CATEGORY RETENTION PERIOD Records deductions. Records may include: direct 907(2)(a) bank deposits, insurance applications, enrollment cards, deduction authorizations, approval notices, deduction terminations, and related records. Payroll Federal & Records, in addition to those itemized in Semipermanent 5 years State Tax Records this section, used to report the collection, IC §50 - distribution, deposit, and transmittal of 907(2)(a) federal and state income taxes as well as social security tax. Examples include: the federal miscellaneous income statement (1099), employers' quarterly federal tax return (941, 941E), tax deposit coupon (8109), and similar federal and state completed forms. Payroll Records documenting requests and court Semipermanent 5 years after Garnishment orders to withhold wages from employee IC §50- termination. Record earnings for garnishments, tax levies, 907(2)(a) support payments, and other reasons. Usually includes original writs of garnishment, orders to withhold, federal or state tax levies, recapitulations of amounts withheld, and related records. Information usually includes: employee name and social security number, name of agency ordering garnishment, amount, name of party to whom payment is submitted, dates, and related data. Leave Applications Applications or requests submitted by city Temporary 3 years employees for sick, vacation, IC §50 - compensatory, personal business, family 907(3)(d) and medical leave, long term leave, and other leave time. Information usually includes: employee name, department, date, leave dates requested, type of leave requested, and related data. These are kept in the departments themselves NOT sent to finance, Payroll Registers — Monthly registers documenting earnings, Transitory Disposed yearly Other deductions, and withholdings of city after audit employees. Payroll Register — Payroll Registers: Registers or records Semipermanent 5 years Year End serving the same function of documenting IC §50 - the earnings, voluntary and required 907(2)(a) deductions, and withholdings of city employees. Information usually includes employee name and social security CITY OF MERIDIAN 2015 AMENDED RECORDS RETENTION SCHEDULE PAGE 16 OF 64 RECORD DESCRIPTION CATEGORY RETENTION PERIOD number, hours worked, rate, overtime, vacation value, various allowance, gross pay, federal and state withholding, voluntary deductions, net pay, and related data. Payroll Time Records documenting hours worked, Semipermanent 5 years after Records leave hours accrued, and leave hours IC §50- employee separation taken by city employees. Information 907(2)(a) usually includes: employee name and employee number, hours worked, type and number of leave hours taken, total hours, dates and related data. Payroll Records documenting claims submitted Temporary 3 years Unemployment by former city employees for IC §50 - Claims unemployment compensation. Usually 907(3)(d) includes: claims, notices, reports, and related records. May also include records generated by the appeal of claim determinations. These are received by HR and kept in HR. Payroll Records documenting employee earnings Semipermanent 5 years Unemployment on a quarterly basis. Used to document IC §50 - Reports costs and charges in the event of an 907(2)(a) unemployment compensation claim. Information includes: employee name and social security number, quarterly earnings. Payroll W2s Annual statements documenting Semipermanent 5 years individual employee earnings and IC §50 - withholdings for state and federal income 907(2)(a) taxes and social security tax, also known as federal tax form W-2. Information includes: city name and tax identification number, employee name and social security number, wages paid, amounts withheld, and related data. Payroll W4s Certificates documenting the exemption Semipermanent 5 years after status of individual city employees, also IC §50- employee separates known as W-4 forms. Information 907(2)(a) includes: employee name and address, social security number, designation of exemption status, and signature. PERSI Records Records relating to PERSI, including Semipermanent 5 years Employer Remittance Forms, invoices, IC §50 - correspondence, financial adjustments, etc. 907(2)(a) Purchase Orders Requests and purchase orders for goods Semipermanent 5 years or services purchased by the city. IC §50 - CITY OF MERIDIAN 2015 AMENDED RECORDS RETENTION SCHEDULE PAGE 17 OF 64 RECORD DESCRIPTION CATEGORY RETENTION PERIOD Information includes: department, 907(2)(a) delivery location, date, quantity, description, unit and total price, and authorizing signatures. Purchasing Records documenting competitive Semipermanent 5 years from the date Selection bidding and purchase of goods, services, IC §50- of award and public works construction, and 907(2) (a) procurement of design professionals. Records include: published notices and solicitations, specifications, bids, requests for qualifications, statements of qualifications, etc. Real Property Title Record documenting payment of real Permanent In perpetuity Records property. IC §50- 907(1) (e) Receipts Copies of receipts, showing the date, Semipermanent 5 years from whom received, amount, purpose, IC §50 - etc. (same as cash receipts). 907(2)(a) Sales & Use Tax Used to report and remit sales tax Semipermanent 5 years Forms collected and due to the state. IC §50- 907(2) (a) Signature Records documenting authorization of Semipermanent 5 years Authorization designated employees to sign fiscal and IC §50 - Records contractual documents. 907(2)(a) Travel Records Records documenting requests, Semipermanent 5 years authorizations, reimbursements, and other IC §50 - actions related to employee travel, 907(2)(a) including expense reports and receipts, vouchers and related documents. Vendor Lists Lists of vendors providing goods and Transitory Until superseded or services to the city. Name, address W9 obsolete for vendors. Utility Billing Adjustment Records documenting adjustments to Semipermanent 5 years Registers customer water, sewer, garbage or other IC §50 - city -provided service billings for debits, 907(2)(a) credits, refunds, returned checks, and related reasons. Information usually includes: customer's name and address, type of adjustment, justification, amount changed, authorizing signatures and other information. (Records held within the billing software). Billing Adjustment Document submitted by customer Semipermanent 5 years Request requesting an adjustment of charges on IC §50 - their account. Information includes: 907(2)(a) CITY OF MERIDIAN 2015 AMENDED RECORDS RETENTION SCHEDULE PAGE 18 OF 64 RECORD DESCRIPTION CATEGORY RETENTION PERIOD Customer name, service address, reason for billing adjustment. Billing Directive Application completed by owner or Semipermanent 5 years property manager to initiate Third Party IC §50 - billing for specified utility account. 907(2)(a) Information included: owner, property manager, tenant, move -in date, and service address. Billing/Payment Records documenting transactions on the Semipermanent 5 years Registers water, sewer, garbage or other city- IC §50 - provided service account of each 907(2)(a) customer. Useful for reference to assure accurate customer billings and posting of payments. Information often includes: customer's name, service address, meter reading, water usage, utility charges, payments, adjustments and related data. (records held within the billing software). Change Record Records documenting routine information Semipermanent 5 years changes to customer accounts, including IC §50 - name and address. (Records held within 90 7(2) (a) the billing software). Customer File General correspondence and forms Semipermanent 5 years related to a specific utility account. This IC §50 - information would be in addition to that 907(2)(a) found within the billing software. Documents in file may include and are not limited to: general letters, payment arrangement forms, third party billing docs, hard copies of customer history reports, leak adjustment requests, letters submitted to the City for customers. Direct Pay Completed application with voided check Transitory 1 year after Application from customer authorizing automatic cancellation of withdrawal of funds to pay on specified enrollment utility account. Disconnect Notice Notice to City Council to verify that no Semipermanent 5 years to City Council customer currently slated for shut off due IC §50 - to non-payment has requested a hearing 907(2)(a) with the Board of Adjustment. Notice includes number of customers slated for shut off and the value of the delinquent accounts. Disconnect Record Records documenting a customer's Semipermanent 5 years request for disconnection of water, sewer, IC §50 - garbage or other city -provided services. 90 7(2) (a) (records held within the billing software). CITY OF MERIDIAN 2015 AMENDED RECORDS RETENTION SCHEDULE PAGE 19 OF 64 RECORD DESCRIPTION CATEGORY RETENTION PERIOD Meter Readings Document the readings of customer water Semipermanent 5 years meters for billing purposes. Information IC §50 - typically includes: meter reading, date 907(2)(a) read, account number, billing code, final reading, reason for turnoff, meter changes, and related data. (records held within the billing software) Payment One page document that records a Semipermanent 5 years Arrangement customer's promise to pay. IC §50- 907(2) (a) Renter Addendum Supplemental document completed by the Semipermanent 5 years tenant to accept the third party billing for IC §50 - specified utility account. Information 907(2)(a) included: tenants name, service address, mailing address and phone number. Security Deposit Records documenting customer payment Semipermanent 5 years Records of a security deposit to receive temporary IC §50- dumpster services. Information usually 907(2)(a) includes date, amount of deposit, customer's name, address, and account number, date account closed, refund date, amount of deposit applied, and related information. Shut off Turn On Electronic spreadsheet used during shut Semipermanent 5 years Report (Soto) off day by water department field staff IC §50 - and MUBS. Tracks customers that are to 907(2)(a) be shut off, payments, and turn -ons as authorized. Record includes: Customer name, service address, meter id, time of shut off, time of payment, time of turn - on, fee waived if applicable and general notes. CITY OF MERIDIAN 2015 AMENDED RECORDS RETENTION SCHEDULE PAGE 20 OF 64 FIRE DEPARTMENT RECORD DESCRIPTION CATEGORY RETENTION PERIOD Administrative Records regarding day-to-day administration Transitory Until administrative Records of department, e.g., copies of invoices, travel need ends or record is records, uniform clothing purchases, fuel superseded charges, fuel receipts, fuel reports, inventory asset information forms, and copier copy count sheets. Phone logs, ride -along tracking records, waste water inventory, Knox Box Forms, blogs, daily attendance sheets, and quarterly personnel newsletter. Correspondence Day-to-day office and housekeeping Transitory Until administrative correspondence not unique to city functions need ends or programs. General administrative correspondence, Semipermanent 5 years including records created or received in the course of administering city policies/programs, but not related to significant policy/program discussions or decisions. Policy/program correspondence, documenting Permanent In perpetuity the formulation, adoption, and implementation of significant policy/program decisions, including letters to personnel, Certified Family Home Fire District letters, letters regarding training burns, etc. Equipment Equipment maintenance and test records Transitory Until administrative Maintenance & include: Fire hose records such as test date, need ends Test Records date previously tested, apparatus number, station number, hose diameter, conditions found, service date, defects corrected, etc. Ladder test results done annually on all ladders. Tests done on SCBA's including flow testing. Emergency medical equipment maintenance records used to verify regular maintenance of emergency medical equipment such as copies of contracts, maintenance schedules, test protocols, equipment inventory, performance test records, repair records, parts used and service reports. Fire & Security Records documenting the department's role in Permanent In perpetuity Alarm System issuing permits, testing and maintaining fire Records and security alarms, including fire alarm and sprinkler system plans. May include permits, applications, malfunction reports, maintenance reports, and related documents. CITY OF MERIDIAN 2015 AMENDED RECORDS RETENTION SCHEDULE PAGE 21 OF 64 RECORD DESCRIPTION CATEGORY RETENTION PERIOD Fire Fire and arson investigation case files, Permanent In perpetuity Investigation including investigative reports, witness Records statements, photographs, maps, correspondence, notes, video and audio recordings, copies of property releases, laboratory reports, and incident/injury reports. Hazardous Inspection records of underground and above Permanent In perpetuity Materials ground fuel storage tanks. Reports and Records investigation results of incidents including spills and leaks, etc. Historical Newspaper clippings and articles relating to Permanent In perpetuity Records the Meridian Fire Department, photos of events. In -Home Care Documents relating to fire code inspections Semipermanent 5 years Facility performed by the department of home Inspections daycares and foster care homes. May include reports, notices, citations, occupancy and pre - fire planning records, floor plans, sketches, reports, lists and related documents. Inspection and Documents relating to fire code inspections Semipermanent 5 years Occupancy performed by the department of commercial Records for buildings. May include reports, notices, Commercial citations, occupancy and pre -fire planning Buildings records, floor plans, sketches, reports, lists and related documents. Juvenile Fire Case files related to juvenile fire setter Permanent In perpetuity Setter investigation, including investigative reports, Evaluations witness statements, photographs, maps, correspondence, notes, video and audio recordings, copies of property releases, laboratory reports, incident/injury reports. Maps Maps and related records maintained by the Transitory Until superseded department for address location, reference and for tracking various trends. May include lists, books and other methods of address location. Meeting Final, approved Officer and Command Staff Semipermanent 5 years Minutes meeting minutes. Monthly & Monthly and Annual Department reports. Permanent In perpetuity Annual Department Reports Narcotics Narcotic inventory and usage- hard copy, Temporary 3 years Inventory & narcotics distributed to the engine companies. Usage CITY OF MERIDIAN 2015 AMENDED RECORDS RETENTION SCHEDULE PAGE 22 OF 64 RECORD DESCRIPTION CATEGORY RETENTION PERIOD National Fire National Fire Incident Reporting System Permanent In perpetuity Incident (NFIRS) Fire Incident Report, relating to fire Reports run, medical emergency, casualty, hazardous materials call, false alarm, good intent, or service call. May include property release forms, civilian and fire service casualty reports, hazardous materials reports, etc. Patient Care Records related to patient care, refusal of Permanent In perpetuity Records care, denial of need for care, supplemental emergency medical services reports, diagnostic attachments to include ECG, care summary reports and vital sign reports. Plans, Records related to department operations, Transitory Until superseded Protocols, including Medical Supervision Plan, standing Guidelines, written orders, operational guidelines, Policies administrative and operational policies. Proof of Proof of worker's compensation and other Transitory Until superseded Insurance insurance required for training tower usage by other agencies. Public Records related to the design and Semipermanent 10 years Education implementation of educational and other Programs & outreach programs provided to the public by Publications the department. May include: class descriptions, instructional materials, course outlines, class enrollment and attendance records, reports, speeches, publications, and car seat inspection forms. Public Record Public records requests and responses. Temporary 2 years after last Requests action Ride -Along Signed waiver for persons requesting a ride- Transitory Until administrative Forms along with the department. need ends Structure Burn Records related to structure burns. Semipermanent 10 years Training Records Vehicle and Records documenting maintenance and Semipermanent 5 years after disposal Equipment repairs of vehicles, equipment, and other or replacement of Maintenance assets with a useful life generally more than asset to which record and Repair five years. May include vehicle maintenance is related Records records, inspections, pump testing and repair records of apparatus, ladder inspections, and SCBA equipment. CITY OF MERIDIAN 2015 AMENDED RECORDS RETENTION SCHEDULE PAGE 23 OF 64 RECORD DESCRIPTION CATEGORY RETENTION PERIOD Meridian Rural All records of activities of the department or Permanent In perpetuity Fire Protection other City departments as they relate to the District Records Meridian Rural Fire Protection District. May include: annual audits, land and apparatus acquisition records, records relating to construction of fire stations, bank statements, tax levy forms, Local Government Investment Pool statements, financial statements, annual budget records, legal notices, meeting minutes, election records, declarations of candidacy, election results, ICRMP insurance records, audio recordings of meetings. CITY OF MERIDIAN 2015 AMENDED RECORDS RETENTION SCHEDULE PAGE 24 OF 64 HUMAN RESOURCES DEPARTMENT RECORD DESCRIPTION CATEGORY RETENTION PERIOD Administrative Copies of administrative records including Transitory Until administrative Records A/P invoices, expense reports, professional need ends or record membership documents, etc. is superseded Affirmative Records documenting city compliance with Semipermanent 5 years Action; Equal the Civil Rights Act of 1964, the Equal IC § 50-907(2)0; Employment Employment Opportunity Act of 1972 and 29 CFR Part Opportunity the Americans with Disabilities Act. 1602; 29 CFR Commission Records include: plans, policy statements, 1620.32 Reports reports, investigations, case files and related information. Also includes EEO -4 reports submitted to the Equal Employment Opportunity Commission (EEOC) documenting compliance with EEOC requirements by cities with 15 or more employees. Benefits Records documenting notice to employees, Semipermanent 75 years after Continuation spouses and dependents informing them of IC § 50-907(2)(g); employee their rights to continue insurance coverage 29 CFR 1627.3 separation, after termination or disability or family expiration of leave and whether coverage was elected or eligibility, or rejected. Continuation may be under completion of COBRA or another provision. Notice is also litigation, whichever sent to a third party administrator who is longest administers the extended coverage. Records may be filed with the Employee Benefits Records or Employee Personnel Records. Budget Prep Working documents utilized to build base Semipermanent 10 years Records budgets and establish yearly budgets; worksheets, enhancements, amendments, etc. City Hall Records documenting the activities and Temporary 2 years from last Volunteer administration of volunteer programs in city IC §§ 50-907(3)(d) date of volunteer Program Records hall and records documenting work work performed for the City by citizens without compensation for their services. May include volunteer applications forms, volunteer and emergency contact information, agreements, applications, skills test results, training documentation, task assignments, monitoring records, volunteer hour statistics, volunteer program publicity records, insurance information, inactive volunteer files, and related records. CITY OF MERIDIAN 2015 AMENDED RECORDS RETENTION SCHEDULE PAGE 25 OF 64 RECORD DESCRIPTION CATEGORY RETENTION PERIOD Collective Records documenting negotiations between Temporary 3 years Bargaining the city and employee representatives, IC § 50-907(3)(d); including contracts, reports, negotiation 29 CFR 516.5 notes, letters of agreement, arbitration findings, cost analyses, minutes, tape recordings, etc. , Committee Agendas and meeting minutes/notes for Semipermanent 7 years Records special groups convened by HR for specific purposes such as Benefits, Compensation, and Wellness. Correspondence, Correspondence created or received in the Semipermanent 5 years Administrative course of administering City policies and programs. Correspondence, Correspondence regarding day-to-day office Transitory Until administrative Transitory operations and does not contain unique need ends information about City functions or programs. Databases Database records created and maintained for Transitory Until administrative the purposes of generating reports, data need ends or record files, and a variety of different outputs. is superseded Department HR guidelines, including but not limited to, Semipermanent 10 years from date Guidelines, Salary Administration Guidelines. guideline in its Policies, entirety, or any part Procedures, thereof, is officially Processes, and replaced, updated City Standard Operating Policy/Procedure Semipermanent 20 years from date Reports Manual. SOP Manual in its entirety, or any part thereof, is officially replaced, updated Records documenting and relating to HR Semipermanent 5 years from date processes, including but not limited to, HR process in its recruiting/interviewing processes. entirety or any part thereof, is officially replaced, updated Policies, reports, and documents regarding Semipermanent 10 years the internal department operations and procedures (e.g. Turnover, Recruiting reports, etc.). HR reports regarding department Semipermanent 10 years performance or other management presentations. Includes reports documenting trends, department or City performance in key areas as determined. Records that document the formulation, Transitory Until administrative adoption and implementation of internal need ends or record actions/decisions. is superseded Employee Benefits Records relating to city employee benefits Semipermanent 75 years after CITY OF MERIDIAN 2015 AMENDED RECORDS RETENTION SCHEDULE PAGE 26 OF 64 RECORD DESCRIPTION CATEGORY RETENTION PERIOD information such as: selection of insurance IC §§ 50-907(2)(g) employee plans, retirement, pension, and disability and 45-610; 29 separation, plans, deferred compensation plans, and CFR 1627.3; 29 expiration of other benefit information. Records may CFR 1602.31; eligibility, or include but are not limited to: plan selection IDAPA completion of and application forms, enrollment records, 09.01.35.081 litigation, whichever contribution and deduction summaries, is longest personal data records, authorizations, beneficiary information, year-end leave balance reports, notices of disability payment made, and related documentation. Employee Medical Document an individual employee's work- Semipermanent 75 years after Records related medical history. These records are IC §§ 50-907(2)(g) employee not personnel records and must be kept in a and 72-601; 29 separation, separate location from employee personnel CFR 1602.31; 29 expiration of records as required by the Americans with CFR 1910.1020 eligibility, or Disabilities Act. Records may include, but completion of are not limited to: medical exam records litigation, whichever (pre-employment, pre -assignment, periodic is longest or episodic), X-rays, records of significant health or disability limitations related to job assignments, documentation or work-related injuries or illnesses, hearing test records, hazard exposure records, first- aid incident records, physician statements, release consent forms and related correspondence. Employee Document of employee's work history. Semipermanent 75 years after Personnel Records Records may include, but are not limited to: IC §§ 50-907(2)(g) employee employment applications, notices of and 45-610; 29 separation, appointment, training and certification CFR 1627.3; 29 expiration of records, records of health limitations, drug CFR 1602.31; eligibility, or testing, salary schedules, personal actions, IDAPA completion of performance evaluations, awards and other 09.01.35.081 litigation, whichever special recognition, letters of is longest recommendation, investigation information, disciplinary action, notices of layoff, letters of resignation, home address and telephone, emergency notification forms, oaths of office, grievance and complaint records, and relate correspondence and documentation. (See also Employee Benefits Records, Employee Medical Records, Recruitment and Selection Records, and Volunteer Records). Employment Document to the U.S. Immigration and Temporary 3 years after date of Verification Naturalization Service that an applicant or IC § 50-907(3)(d), hire or 1 year after (I-9) of Job employee is eligible to work in the U.S. 8 U.S.C. § employment is Applicants Information includes: employee information I 1324a(b)(3) terminated, CITY OF MERIDIAN 2015 AMENDED RECORDS RETENTION SCHEDULE PAGE 27 OF 64 RECORD DESCRIPTION CATEGORY RETENTION PERIOD and verification data such as citizenship or (Immigration whichever is later alien status and signature, employer review Reform and and verification data such as documents, Control Act) which establish identity and eligibility, and employer's signature certifying that documents were checked. This category includes forms completed for all new hires, as superseded or previous forms completed on rehires. Forms Forms created for use by HR personnel to Transitory Until administrative facilitate work, including Performance need ends or record Review, job description template, PAR is superseded template, etc. Hazard Exposure Emergency response employees exhibiting Semipermanent 75 years after Records signs or symptoms possibly resulting from IC § 50-907(2)(g); employee exposure to hazardous substances are 29 CFR 1910.1020 separation, required to be provided medical expiration of examination and consultation. Records eligibility, or include: employee's name and social completion of security number; physician's written litigation, whichever opinion, recommended limitations; results is longest of examinations and tests; employee medical complaints related to hazardous substance exposure; description of employee's duties as they relate to exposure; the employee's exposure levels or anticipated exposure levels; description of protective equipment used; and information from previous medical examinations of the employee which is not readily available to physician and other information. Insurance Records documenting plan descriptions and Semipermanent 10 years Policies/Plans: summaries of city insurance policies and Employee Group plans covering employee group health and Health and Life life benefits, including annual certification Benefits records. Kinds and Levels Records documenting the description, Temporary 3 years Chart classification and compensation of city jobs IC § 50-907(3)(d); and positions. Usually includes details of 29.CFR Part 1602 duties and responsibilities of each position and 29 CFR time percentage breakdowns of tasks, skills 1627.3 and abilities needed for each position, and related records documenting the development, modification or redefinition of each job or position. Meeting Minutes Internal staff meeting records. Transitory Until administrative need ends or record is superseded CITY OF MERIDIAN 2015 AMENDED RECORDS RETENTION SCHEDULE PAGE 28 OF 64 RECORD DESCRIPTION CATEGORY RETENTION PERIOD Newsletters HR2You Newsletters. Transitory Until administrative need ends or record is superseded Organization HR Department Organization Charts. Transitory Until administrative Charts need ends or record is superseded Personnel Action Completed employee forms submitted to Semipermanent 75 years after (PAR) Forms HR upon initial hire, pay increase or IC § 50-907(2)(g); employee decrease, change of address, or change of 29 CFR Part 1602 separation, supervisor. and 29 CFR expiration of 1627.3 eligibility, or completion of litigation, whichever is longest Photographs Photographs relating to HR Transitory Until administrative sponsored/conducted City events (e.g. need ends or record service awards, employee picnic, Wellness is superseded events, etc.). Photo Photographs and other records used to Transitory Until superseded, Identification identify city employees, private security obsolete or personnel, contract workers and other. May administrative needs include photographs taken by City for end identification or prox card or driver's license photocopy. Position Records documenting the description, Temporary 3 years Descriptions classification and compensation of city jobs IC § 50-907(3)(d); and positions. Usually includes details of 29 CFR Part 1602 duties and responsibilities of each position and 29 CFR time percentage breakdowns of tasks, skills 1627.3 and abilities needed for each position, and related records documenting the development, modification or redefinition of each job or position. Presentations Formal departmental presentations to Semipermanent 5 years Council, other formal bodies. Public Records Public records requests and responses. Temporary 2 years after last Requests action Recruitment and Documents regarding the recruitment and Temporary 2 years Selection Records selection of city employees and contracted IC § 50-907(3)(d),- 0-907(3)(d),for forApplicants who service providers such as attorneys, 29 CFR 1602.31; are Hired auditors, consultants, etc. Records may 29 CFR include, but are not limited to: job 1627.3(b)(1)(vi) announcements and descriptions, applicant lists, applications and resumes, position advertisement records, civil service and other examination records, interview questions, interview and application scoring notes, applicant background investigation CITY OF MERIDIAN 2015 AMENDED RECORDS RETENTION SCHEDULE PAGE 29 OF 64 RECORD DESCRIPTION CATEGORY RETENTION PERIOD information, polygraph test results, letters of reference, civil service records, staffing requisition forms, certification of eligibles, recruitment file (job announcement, position description, documentation relating to the announcement and test, and test items and rating levels), and related correspondence and documentation. Recruitment and Documents regarding the recruitment and Temporary 2 years Selection Records selection of city employees and contracted IC § 50-907(3)(d); for Applicants who service providers such as attorneys, 29 CFR 1602.31; are Not Hired auditors, consultants, etc. Records may 29 CFR include, but are not limited to: job 1627.3 (b) (1) (vi) announcements and descriptions, applicant lists, applications and resumes, position advertisement records, civil service and other examination records, interview questions, interview and application scoring notes, applicant background investigation information, polygraph test results, letters of reference, civil service records, staffing requisition forms, certification of eligibles, recruitment file (job announcement, position description, documentation relating to the announcement and test, and test items and rating levels), and related correspondence and documentation. Resource Records including notebooks, meeting Transitory Until administrative Records/Notes notes, to -do -lists, employee -compiled notes, need ends or record etc. is superseded Special Projects Documents related to special, one-time Semipermanent 10 years projects to include, but not limited to, Employee Satisfaction Survey, Policy Review/Revision, Salary Structure Review. Surveys HR and other initiated internal surveys, Semipermanent 10 years survey results (e.g. Salary Surveys, Employee Satisfactions Surveys, Best Place to Work. Etc.). Telephone Message logs, voicemails, etc. Transitory Until administrative Records need ends Training Records related to the design and Semipermanent 5 years from final Programs/HR implementation of training programs IC § 50-907(2)(g) presentation and/or provided to employees by the City. use Documents may include course descriptions, instructor certifications, instructional materials, course outlines, class enrollment and attendance records, tests, test results, and related records. CITY OF MERIDIAN 2015 AMENDED RECORDS RETENTION SCHEDULE PAGE 30 OF 64 RECORD DESCRIPTION CATEGORY RETENTION PERIOD Training/Travel Records documenting attendance and Semipermanent 5 years Records presentation by HR employees at conventions, conferences, seminars, workshops, and similar training events. Includes training/travel requests, training materials, reports and related correspondence. CITY OF MERIDIAN 2015 AMENDED RECORDS RETENTION SCHEDULE PAGE 31 OF 64 INFORMATION SERVICES DEPARTMENT RECORD DESCRIPTION CATEGORY RETENTION PERIOD �"Cify Clerk's Office' Audio/Video Audio and video recordings of City Semipermanent 5 years Recordings Council, Commission and Committee Meetings. City Commissions Bylaws, meeting minutes, agendas and Permanent In perpetuity & Committees minute books of city commissions and IC §50 - committees. 907(1) (a) City Council Records documenting meetings of the city Permanent In perpetuity Meeting Agenda, council and motions, resolutions, IC §50 - Minutes and ordinances, transcripts and other actions 907(1)(a) Minute Books taken at council meetings. Contracts & Agreements with vendors and other Semipermanent 100 years Agreements to parties for the acquisition, lease, lease- IC §50 - which the City is a purchase or sale of equipment, supplies, 907(2)(b) Party services or property and easement agreements which have been approved at a City Council meeting or have been recorded with Ada County. Correspondence, Correspondence created or received in the Semipermanent 5 years Administrative course of administering city policies/programs. Correspondence; Correspondence regarding day-to-day Transitory Until administrative Transitory office and housekeeping correspondence need ends and does not contain unique information about city functions or programs to include scrolling agenda and announcements. Deeds & Real Records relating to ownership of real Permanent In perpetuity Property Records property, including deeds, title opinions, IC §50 - abstracts and certificates of title, title 907(1)(e) insurance, documentation concerning alteration or transfer of title, and records relating to acquisition and disposal of real property such as offer letters, options, agreements of short duration, staff reports, appraisal and inspection reports, letters of transmittal, and related records. Election - Reports showing contributions and Permanent In perpetuity Campaign Finance expenditures in city campaigns by IC §50 - Reports mayor/council candidates, political 907(1)(g) committees and independent persons/entities. Includes C-1 (Certification of Treasurer), C-2 (Campaign Financial Disclosure Report), C-4 (Independent Expenditures), C-5 (48 CITY OF MERIDIAN 2015 AMENDED RECORDS RETENTION SCHEDULE PAGE 32 OF 64 RECORD DESCRIPTION CATEGORY RETENTION PERIOD Hour Notice of Contributions/ Loans Received), C-6 (Statement by Nonbusiness Entity), and C-7 (48 Hour Notice of Independent Expenditures). Election - Includes declarations of candidacy and Permanent In perpetuity Candidate intent for candidates for city elective IC §50 - Declarations & office. Declarations of candidacy are 907(1)(g) Petitions filed by candidates to get their name on the election ballot, and are accompanied by a filing fee of $40 or a petition with the signatures of at least five qualified city electors, including a certification by the county clerk of the number of signatures that are of qualified city electors. Declarations of intent are filed by write-in candidates, and do not require the filing fee or petition. Election — Includes the first and second notice of Permanent In perpetuity General/Regular election and sample ballot which are IC §50 - (Election Files) published in the official newspaper, poll 907(1)(g) books showing the name, address and signature of those voting in City elections, and the tally book in which election staff record and total the votes cast for each candidate and ballot question at the polling precinct. Election — Includes the following records: polling Semipermanent 5 years General/Regular places, judges and clerks, challengers and IC §50 - (Working Files) watchers, voting machines and vote tally 907(2)(g) systems, correspondence, and other records not specifically listed in this schedule. Election ballots, including voted ballots, Temporary 2 years unused ballots, spoiled ballots, ballot IC §50 - stubs, absentee voting, and duplicate poll 907(3)(c) books Notes Records related to administrative notes, Transitory Until administrative internal meeting notes, To Do Lists. need ends Oaths of Office Signed oaths of elected officials swearing Permanent In perpetuity to uphold the federal and state constitutions and laws of the city. Passports — General Training records, Department of State Transitory Until record is Information monthly newsletters, and Passport superseded Agent's Reference Guide. Passports - Daily transmittal spreadsheets that Transitory 2 years Transmittals accompany passport applications mailed to the Department of State Regional office. Permits & Licenses 1 Records relating to city permits and Semipermanent 10 years CITY OF MERIDIAN 2015 AMENDED RECORDS RETENTION SCHEDULE PAGE 33 OF 64 RECORD DESCRIPTION CATEGORY RETENTION PERIOD licenses issued in the City Clerk's Office. IC §50- 907(2) (d) Public Notices Records relating to proof of mailings. Transitory Until administrative need ends Public Records Written public records requests, city Temporary 2 years after last Requests denials of public records requests, action responses, etc. Records Destruction records including destruction Permanent In perpetuity Management resolution and authorization from Idaho Records State Historical Society and legal counsel. Records of Records of historical significance not Permanent In Historical otherwise maintained by the Meridian perpetuity Significance Historical Preservation Commission. Room Scheduling & Records documenting scheduling and Transitory Until administrative Reservation reservations related to public meeting need ends Records for City rooms in City Hall. Such as reservation Hall request forms, payment records and Outlook calendar scheduling records. Vehicle Titles State of Idaho Certificate of Title for Transitory Until vehicle is no vehicles owned by the City. longer owned by the City Information Technology Backup Tapes A copy on a tape cartridge of the contents Transitory 1 year of all data from the City servers. Case Management All cases opened in Case Management. Semipermanent 10 years Notes IC §50- 907(2) (g) (other) Department Policies Policies, reports, and documents Semipermanent 5 years and Reports regarding internal department operations IC §50- and procedures, e.g. computer usage 907(2)(e) (dept. policy, password policy, service level report) goals, training materials, evaluations of materials. Disaster Recovery Strategy for retention and recovery of Transitory Until superseded or Plan network and electronic documents updated following network or server crash or failure Information Minutes kept of monthly MIS Committee Temporary 2 years Steering Committee meetings. IC §50- Minutes 907(3) (d) (other) Internally- Text-based programming statements or Transitory Until superseded or Generated Source instructions that create or execute a updated Code computer program. Internet History List of websites accessed on City Transitory 90 days computers and electronic devices. CITY OF MERIDIAN 2015 AMENDED RECORDS RETENTION SCHEDULE PAGE 34 OF 64 RECORD DESCRIPTION CATEGORY RETENTION PERIOD Inventory List of electronic devices held by City Transitory Until superseded or Management and software licensing information and updated specifications for each electronic device used by City. Outlook Meeting requests sent and received by Transitory Until deleted by user Appointments employees via Outlook; appointments scheduled via Outlook by employees; meeting & appoint-ment reminders sent and received via Outlook. Outlook E-mail All e-mail messages, sent or received by Semipermanent 5 years Messages — General City staff using Outlook software, that are IC §50 - City Staff stored in Outlook or the City's e-mail 907(2)(g) archiving system. (E-mail messages may (other) be preserved elsewhere in digital or paper format for longer periods of time as the subject matter of such messages may require). Outlook E-mail All e-mail messages, sent or received by Transitory Until deleted by user Messages — Specific part-time staff, seasonal staff, temporary City Staff staff, interns, or firefighters using Outlook software, that are stored in Outlook or the City's e-mail archiving system (E-mail messages may be preserved elsewhere in digital or paper format for longer periods of time as the subject matter of such messages may require). Outlook Tasks and Tasks, task requests and reminders sent Transitory Until deleted by user Notes and received by employees via Outlook. Prox Card Access Register of which prox cards have Transitory 90 days History accessed a restricted area. Security Camera Video footage from security cameras Transitory Until overwritten by Footage mounted on and in city facilities. system ShoreTel Phone List of incoming and outgoing calls, Transitory 90 days History including phone numbers and caller identification, as available. Voice Mail Incoming verbal messages recorded on Transitory Until deleted by user Messages ShoreTel or other voice mail systems. CITY OF MERIDIAN 2015 AMENDED RECORDS RETENTION SCHEDULE PAGE 35 OF 64 MAYOR'S OFFICE RECORD DESCRIPTION CATEGORY RETENTION PERIOD Agendas & Agendas and minutes of Director Semipermanent 10 years Minutes Meetings, Operational Meetings, Mayor's Youth Advisory Council Meetings. Annual Reports Report on City's and Mayor's Office Permanent In perpetuity activities over preceding year summarizing activities and financial performance. Applications Forms and materials submitted with Semipermanent 10 years application for positions or awards administered by Mayor's Office, including applications for scholarships, Promise partners, Mayor's Youth Advisory Council, volunteer positions, City commissions, and City committees or task forces. Attendance Sheets Sign -in sheets, where offered, for Temporary 2 years from date of activities and events hosted by the event Mayor's Office. City Website HTML text stored in data base table in Transitory Until updated or Content CMS. Note: Source document may superseded exist elsewhere, and be retained pursuant to separate record retention schedule. Correspondence- Records created or received in the Semipermanent 5 years General course of administering city Administrative policies/programs, but these records do not provide insight into significant policy/program discussions or decisions. To include: Citizen response letters. Correspondence Day-to-day office and housekeeping Transitory Until administrative correspondence not unique to City needs ends functions or programs. May include; thank you notes, welcome letters, letters to homeowners associations and businesses. Policy/program correspondence, Permanent In perpetuity documenting the formulation, adoption, and implementation of significant policy/program decisions. May include correspondence relating to Commission and Committee CITY OF MERIDIAN 2015 AMENDED RECORDS RETENTION SCHEDULE PAGE 36 OF 64 RECORD DESCRIPTION CATEGORY RETENTION PERIOD appointments and correspondence with other government agencies. Memoranda Internal or external memoranda Permanent In perpetuity summarizing research, recommendations, and other information. News Releases A written or recorded record directed Permanent In perpetuity at members of the news media for the purpose of making a newsworthy announcement. Photos Published or historically significant Permanent In perpetuity photographs taken, owned, or stored by the Mayor's Office. Photographs that are not used or Transitory Until administrative needed for a particular purpose. need ends Proclamations City -initiated proclamations. Permanent In perpetuity Outside group -initiated proclamations. Transitory 1 year Publications Informational or promotional Semipermanent 10 years publications of the Mayor's office, including newsletters, flyers, marketing materials, brochures, program materials. Public Addresses Records relating to State of the City Permanent In perpetuity address. May include script, video, PowerPoint, program, agenda, photos. Records relating to State of the City Transitory Until administrative addresses or speeches. May include need ends script, video, PowerPoint, program, agenda, photos. Talking Points Records prepared to summarize issues Transitory Until administrative in preparation for discussion with the need ends public or media. Videos Videos prepared monthly for Permanent In perpetuity informational or promotional purposes, e.g., Celebrate Meridian. Videos prepared weekly for Temporary 2 years informational or promotional purposes, e.g., City Council meetings, This Week in Meridian. Raw video footage, used or unused. Transitory Until administrative need ends CITY OF MERIDIAN 2015 AMENDED RECORDS RETENTION SCHEDULE PAGE 37 OF 64 PARKS & RECREATION DEPARTMENT RECORD DESCRIPTION CATEGORY RETENTION PERIOD Facility Form applying for reservation of MPR Temporary 2 years Reservation facility; other required documentation IC §50 - Application and such as proof of insurance. 907(3)(d) Materials Financial Aid Completed application form and Temporary 2 years Applications materials submitted to request IC §50 - financial assistance for children's 907(3)(d) class or program. Incident or Reports of incidents, injuries, or Temporary 2 years Accident Reports accidents incurred during or related to IC §50- a department -sponsored or 907(3)(d) department -provided class, camp, program, reservation, or activity. Indemnity Forms, Signed waiver/indemnity agreement Temporary 2 years Medical Release related to individual's or IC §50 - Forms, Waivers organization's participation in 907(3)(d) department -sponsored or department - provided class, camp, program, reservation, activity, transportation, or travel. Internal Logs of employees' time, tasks, and Permanent In perpetuity Department Time location; reports and analysis of IC §50 - Logs and Reports related data. 907(1)(h) Memorial Forms Form requesting memorial in MPR Permanent In perpetuity facility under established memorial IC §50 - program (e.g. Generation Plaza Brick 907(1)(h) Sales form, Memorial Tree Program form). Parks & Recreation Annual newsletter prepared by Parks Permanent In perpetuity Department & Recreation Department. IC §50 - Newsletters 90 7(1) (h) Public Input Records of public input, including Permanent In perpetuity Records survey results, neighborhood meeting IC §50 - minutes, correspondence, etc. 907(1)(h) Registration Forms Form and related materials collected Temporary 2 years and Materials from individuals registering for a IC §50 - recreation class, team, or event. 907(3)(d) Sign in/Sign out Forms completed by parents to signify Temporary 2 years Sheets that minor has been dropped off or IC §50 - picked up from a department- 907(3) (d) sponsored or department -provided class, camp, program, or activity. Sports Schedules Record of games played and final Temporary 2 years CITY OF MERIDIAN 2015 AMENDED RECORDS RETENTION SCHEDULE PAGE 38 OF 64 RECORD DESCRIPTION CATEGORY RETENTION PERIOD and Scores scores. IC §50- 907(3) (d) Team Rosters Record of all individuals registered for Temporary 2 years a sports team. IC §50- 907(3) (d) Tree Inventory Inventory of all public trees Permanent In perpetuity maintained by City Arborist per City IC §50 - Code. 907(1)(h) CITY OF MERIDIAN 2015 AMENDED RECORDS RETENTION SCHEDULE PAGE 39 OF 64 POLICE DEPARTMENT RECORD DESCRIPTION CATEGORY RETENTION PERIOD Activity Reports Daily, weekly, monthly or other Semipermanent 5 years reports documenting the activities of IC § 50 - employees, including type of activity, 90 7(2) (e) employees involved, time spent on activity, work completed, equipment used, etc. Animal Control Reports documenting animal control Semipermanent If citation is issued or Reports calls for service and activities; IC § 50- charge is filed: typically includes reports of lost/found 907(2)(g) 5 years after final dogs, dogs at large, dog bites, disposition. voluntary relinquishments, etc. Supportive document that are scanned If no citation is issued into the police report are typically and no charges are kennel cards, adoption paperwork, filed: 5 years after release to owner paper work, closure of file. euthanize record, copy of citations issued, vicious dog reports, findings, and correspondence, etc. Note: Does not include animal control reports embedded with a crime report (DR), which shall be retained according to the retention period established for DRs. Briefing Records Records documenting internal Transitory Until administrative communications between supervisors need ends and shift workers or between staff on different shifts to alert them to problems, issues or activities. Records may include, but not limited to: briefing logs, ILETS/NCIC messages, and bulletins from other agencies. Bulletins From Records including bulletins, circulars, Transitory Until administrative Other Agencies and related records received from need ends federal, state and local law enforcement agencies.. Usually contains descriptions and photographs of fugitives, missing persons, stolen property, etc. Community Service Records relating to police community Transitory Until administrative And Outreach service programs. Records may need ends Programs include: publications, mailing lists, plans, evaluations, notes, reports, lesson plans and outlines, etc. CITY OF MERIDIAN 2015 AMENDED RECORDS RETENTION SCHEDULE PAGE 40 OF 64 RECORD DESCRIPTION CATEGORY RETENTION PERIOD Crime Analysis Records documenting police efforts to Temporary 3 years Statistics anticipate, prevent, or monitor IC § 50 - criminal activity. May include 907(3)(d) statistical summaries of crime patterns, modes of operation, analysis of particular crimes, criminal profiles, forecasts, movements of known offenders, etc. Crime Reports Reports created by police officers Semipermanent 75 years (Drs) For Major documenting a criminal offense and IC § 50 - Crimes actions taken, including charging or 907(2)(e) (Homicide, Rape, arresting suspects. Information Kidnapping, typically included in this case report is Robbery, And location of occurrence, date and time, Aggravated handling officer, involved parties Battery) (suspects, victims, witnesses, reporting parties, etc.) and their personal information, a summary of the events and additional supportive documents, which may include notarized probable cause statements, witness statements, runaway forms, release of custody forms (juveniles), criminal background information (ILETS/Triple III, Ada LE Lookup, ISTARS, JDOC), documents provided by citizens and victims, citations, property invoices, release of property forms, etc. Crime Reports Reports created by police officers Semipermanent If charge is filed: (Drs) For Other documenting a criminal offense and IC § 50- 5 years after final Crimes actions taken, including charging or 907(2)(g) disposition of case arresting suspects. Information typically included in this case report is If no charges are location of occurrence, date and time, filed: 5 years after handling officer, involved parties closure of file (suspects, victims, witnesses, reporting parties, etc.) and their personal information, a summary of the events and additional supportive documents, which may include notarized probable cause statements, witness statements, tow slips, administrative license suspension forms, intoxilyzer slips, field sobriety tests forms, runaway forms, release of custody forms (juveniles), criminal CITY OF MERIDIAN 2015 AMENDED RECORDS RETENTION SCHEDULE PAGE 41 OF 64 RECORD DESCRIPTION CATEGORY RETENTION PERIOD background information (ILETS/Triple III, Ada LE Lookup, ISTARS, JDOC), documents provided by citizens and victims, citations, property invoices, release of property forms, Leads Online printouts, shoplifting reports from store security officers, etc. Criminal History Records obtained via ILETS or local Transitory Until administrative Records Or jail systems (Ada LE Lookup) that need ends ILETS/NCIC provides information on the Reports* accumulated criminal arrest and conviction history of an individual which may be useful in an investigation. May include summary sheet, arrest record, fingerprint information, mug shot, name, aliases, residence, sex age, date and place of birth, height, weight, hair and eye color, scars, marks, tattoos, abnormalities, date of arrest, offense committed. Daily Patrol Log Summary of calls for service that Transitory 1 year result in a crime report (DR). May include type of call, location, time, summary, and case number. Digital Media Any video, audio or other digital Semipermanent 75 years Attached To A media content created by a law IC § 50 - Crime Report For enforcement officer in the course of an 907(2)(g) A Major Crime investigation or response and attached to a crime report for homicide, rape, kidnapping, robbery, or aggravated battery. Digital Media Any video, audio or other digital Semipermanent 2 years Attached To A media content created by a law IC § 50 - Crime Report For enforcement officer in the course of an 907(2)(g) A Crime Other investigation or response and attached Than A Major to a crime report for a crime other than Crime homicide, rape, kidnapping, robbery, . or aggravated battery. Digital Media Not Any video, audio or other digital Transitory 210 days Attached To A media content created by a law Crime Report enforcement officer that is not made in the course of an investigation or response, or that is not attached to a crime report. CITY OF MERIDIAN 2015 AMENDED RECORDS RETENTION SCHEDULE PAGE 42 OF 64 RECORD DESCRIPTION CATEGORY RETENTION PERIOD Expunged Or Police reports documenting criminal Semipermanent 5 years Sealed Records charging and/or arrests of a person IC § 50 - whose petition to seal the records is 907(2)(g) granted by the court. This includes juvenile records. Field Interview Informational document written by Temporary 3 years Reports (FI Cards) police officers relating to individuals, IC § 50 - events, or vehicles for which the 907(3)(d) officer does not have probable cause for enforcement. Typically includes name and current address of person contacted, physical description of person or vehicle, officer's name, location of contact, date and time, reason for contact, etc. Firearm Disposal These files contain records of firearms Semipermanent 5 years Records that have been disposed of through IC § 50 - sale, trade or destruction. They 907(2)0 include manufacturer's name, serial number, model, caliber, disposal method, disposal date, name of business purchasing the firearm, and bid. Gun Dealers' Sales Records documenting purchases of Transitory Until background Records guns from dealers. May include check is completed duplicate register sheets mailed by the and administrative dealer to MPD and triplicate register need ends sheets mailed by the dealer to ISP for criminal records checks and forwarded to MPD. May include sheet number, sales person, date and time, city, serial number, make, model, caliber, purchaser's information, and signatures. Impounded And Forms documenting vehicles Semipermanent 5 years Abandoned Vehicle impounded by police due to accidents, IC § 50 - Records (Impound abandonments, recovered as stolen, 907(2)(g) Forms)* used in commission of a crime, etc. Documents may include notifications, information cards or sheets, receipts, etc. Information typically includes make, model, year, color, vin identification number, tag number, condition and contents of vehicle, tow company used, release conditions, name and address of individual to whom the vehicle was released. CITY OF MERIDIAN 2015 AMENDED RECORDS RETENTION SCHEDULE PAGE 43 OF 64 RECORD DESCRIPTION CATEGORY RETENTION PERIOD Indemnity Bonds Copies of insurance bonds issued to Semipermanent 5 years after seizure is indemnify the police department IC § 50- completed against claims of wrongful actions in 907(2)(g) civil seizure cases. Informant Case Records documenting information Temporary 3 years Files about informants used by department IC § 50 - personnel. Records typically include 907(3)(d) reports, correspondence, payment records, fingerprint cards, signature cards, letters of understanding on informants' activities and related records. Intoxilyzer 5000EN Factory and State of Idaho Certificates Temporary 3 years And Lifeloc for instrument. IC § 50 - Instrument 907(3) (d) Certificate Intoxilyzer 5000EN Logging of each person that takes the Temporary 3 years Log And Lifeloc breathalyzer test and verification IC § 50 - Performance testing, may include name of suspect, 907(3)(d) and Verification Log date and time, test results, operator's IDAPA name, calibration check results, 11.03.01.013.06 simulated temperature in range, comments, etc. Intoxilyzer User User certification cards and class Transitory Until administrative Certifications And roster for our agency's Officers. need ends Class Roster Intoxilyzer instructor replaces with each new certification period. Master Name Index Information on every individual who Semipermanent 100 years Records has been field interviewed, has been IC § 50 - arrested, suspects or accomplices in 907(2)(g) crimes, victims, complainants, and witnesses to incidents. Information typically includes name, address, date of birth, race, sex, date and time of incident or contact, case number (DR#), citation numbers and other identifying data. Media Log Summary from daily patrol log for Transitory 1 year release to the news agencies and public. Includes DR # (case number), type of call for service, arrest information, location of offense. Parking Citations Police Department copy of citations Transitory 6 months after final issued for parking violations. disposition of citation Information includes date and time, or charge location of offense, vehicle license CITY OF MERIDIAN 2015 AMENDED RECORDS RETENTION SCHEDULE PAGE 44 OF 64 RECORD DESCRIPTION CATEGORY RETENTION PERIOD plate information and Meridian City Code violation number, and issuing officer. (Parking citations that are paid are sent to City Hall Finance Department. Parking citations that are unpaid and lead to court summons are sent to the City Prosecutor.) Photo Identification Photographs and other records used to Transitory Until administrative Records identify agency employees, private need ends security personnel, contract workers and others. It may include photographs taken for agency identification cards and prox cards, driver's license photographs, and information such as name, date of birth, physical description, identification number, driver's license information. Polygraph Records Records documenting polygraph tests Semipermanent 5 years given to criminal suspects, for internal IC § 50 - investigations, and other purposes. 907(2)(g) Includes pre -examination records, questions, statements of consent, analysis reports, results charts, conclusions, interviewee statements, and related information. Property And Records used to track property and Semipermanent 5 years Evidence Control evidence coming into the police IC § 50 - And Disposition department's possession. Documents, 907(2)(g) Records* receipts, storage, and disposition of personal property and physical evidence from defendants, victims, etc. May include evidence photographs and documenting crime scenes, accidents, and other incidents. Records often include receipt forms, evidence logs (showing chain of possession of evidence), property reports, destruction lists, property consignment sheets, seized firearm logs, homicide evidence inventories, etc. Information usually includes case number, tag number, date and time, property or evidence description, storage location, release date, etc. CITY OF MERIDIAN 2015 AMENDED RECORDS RETENTION SCHEDULE PAGE 45 OF 64 RECORD DESCRIPTION CATEGORY RETENTION PERIOD Radar Equipment, Records documenting the calibration Temporary 3 years after Certifications, And and maintenance of radar equipment IC § 50- retirement of Maintenance that may be useful in documenting the 907(3)(d) equipment Records accuracy of the readings. Often includes original factory certification of calibration. Information relating to maintenance and repair may include a description of the work completed, parts used, date of service, equipment number, make, model, etc. Traffic Collision Documents of traffic collisions Semipermanent If citation is issued or Reports* investigated by the police department. IC § 50- charge is filed: These reports typically include 907(2)(g) 5 years after final complete information on all cars and disposition drivers involved in the accident, location of occurrence, damage, cause If no citation is issued of accident, date and time, accident and no charges are diagram, description and weather filed: 5 years after conditions. closure of file Vacation Watch Records (forms) documenting Transitory Until administrative Forms inspection of homes and other need ends properties when the owner/occupant is away. Information typically includes name, address, date requested, vacation beginning and ending time, emergency contact information, special conditions, date and time officers check the house or property, etc. * Note: Where embedded with a crime report (DR), this record shall be retained according to the retention period established for the crime report. CITY OF MERIDIAN 2015 AMENDED RECORDS RETENTION SCHEDULE PAGE 46 OF 64 PUBLIC WORKS DEPARTMENT RECORD DESCRIPTION CATEGORY RETENTION PERIOD All Divisions (Administration, Business Operations, Capital Projects and Facilities, Construction Inspection, En&_eerin , Environmental, Wastewater, Water) Accessibility Records, Contractor logs, key list, and any other Semipermanent 5 years City -Owned Facilities records documenting access to City - owned buildings by authorized persons. Activity Reports Daily, weekly, monthly or other reports Semipermanent 5 years documenting the activities of Public Works Department employees, including: type of activity, employees involved, time spent on activity, work completed, equipment and fuel used, reports, logs, log sheets, and related records. Ada County Highway Permits issued by Ada County Highway Semipermanent 5 years District (ACHD) District (ACHD) to dig in public utility Permits easement. Administrative Clothing order spreadsheets, copies of: Transitory Until administrative Records Accounts Payable invoices, expense reports, need ends or record is leave request logs, MIP Accounts Payable superseded invoices, professional membership documents, evacuation checklists and on call yearly roster logs. Alarm Monitoring / Reports of monitoring fire alarms, security Semipermanent 5 years Test Results Reports alarms and sprinkler tests for all relevant City -owned facilities including annual fire alarm testing, annual backflow testing, quarterly sprinkler testing in Sapphire suppression system, monthly fire pump runs, and monthly check on fire extinguishers and Sapphire. Budget Preparation Work documents utilized to build base Semipermanent 10 years Records budgets and establish yearly budgets, including vehicle replacement worksheets, enhancements, amendments and carry forward support. Correspondence, Correspondence created or received in the Semipermanent 5 years Administrative course of administering City policies, procedures, or programs. Correspondence, Day-to-day office and housekeeping Transitory Until administrative Transitory correspondence that does not contain need ends unique information about City functions or programs. Customer Complaints Complaint letters, notes on phone calls Temporary 3 years from and in person complaints from complaint resolution customers/citizens. CITY OF MERIDIAN 2015 AMENDED RECORDS RETENTION SCHEDULE PAGE 47 OF 64 RECORD DESCRIPTION CATEGORY RETENTION PERIOD Databases Database records created and maintained Transitory Until administrative for the purposes of generating reports, data need ends or record is files, and a variety of different outputs. superseded Departmental Department reports, performance Semipermanent 10 years Reports management presentations. Engineering Capital Engineering Capital & Enhancement Plan Semipermanent 10 years and Enhancement (ECEP) - 5 year Capital Improvement Plan (ECEP) Reports Plan Reports. Equipment Records of repair and maintenance of Transitory Until asset is Maintenance and equipment assigned to Public Work, removed from service Repair Records including but not limited to: generators, or until administrative sewage lift pumps, water pumps, office need ends.. equipment, and furniture. Records may include summaries, reports, and similar records usually compiled from daily work records on a monthly or quarterly basis. Facility Assessments, Records regarding maintenance and Transitory Until administrative Maintenance, and repairs of buildings and grounds owned or need ends or record is Repair Records leased by the City including assessments superseded of the condition of City -owned buildings, summaries, logs, reports, and similar records usually compiled from daily work records. Forms Forms created for use by Public Works Transitory Until administrative personnel to facilitate their work including need ends or record is but not limited to performance review superseded forms, project forms, staff forms, communication forms, and record retention labels. Geographic Aerial photographs of properties within Permanent In perpetuity Information Systems, the City. Digital Orthophotography Images Geographic Points, lines, attributes, and polygons Transitory Until superseded Information Systems, relating to infrastructure that the City GIS Data owns or maintains. Geographic A visual representation of data within a Transitory Until administrative Information Systems, particular geographical area. Also includes need ends Maps maps and data provided by outside agencies including edge of pavement, parcels, roads, and others. HR Documents Departmental employee personnel records Transitory Until employment is should be kept in the appropriate terminated; then Division's file until employment has been forward to HR terminated (involuntary or voluntary) and then the file should be sent to HR for retention. CITY OF MERIDIAN 2015 AMENDED RECORDS RETENTION SCHEDULE PAGE 48 OF 64 RECORD DESCRIPTION CATEGORY RETENTION PERIOD Maintenance Request Records documenting requests and Temporary 2 years Record responses thereto concerning a variety of maintenance responsibilities carried out by the Public Works Department. Examples include, but are not limited to: brushing and limbing, road grading, rocking, sealing, patching, and marking, traffic signals and signs, City -owned buildings and equipment, and water and sewer system problems. Master Plan Records Records that document the present and Permanent In perpetuity projected needs of the City for water, sewer, storm drainage, streets, bike paths, and other utility related systems. Includes an implementation schedule for construction, plans, reports, evaluations, cost analyses, drawings, and related documents containing rates, inventory evaluations, system rehabilitation or replacement, distribution of services, etc. Materials Safety Data Materials Safety Data Sheets (MSDS). Transitory Until chemical is Sheets (MSDS) Also see Potential Exposure Records removed or record is below. superseded Meeting Minutes Internal meeting agendas, minutes, sign -in Semipermanent 5 years sheets Photos, Construction Photos relating to Public Works Permanent In perpetuity construction activities, infrastructure, inspection photos, etc. Photos, Building Photos relating to repair and replacement Semipermanent Keep records Maintenance of City -owned equipment, material, and requiring engineering facilities. stamps 2 years after life of structure. Keep all other records 10 years. Photos, General Photos related to Public Works Transitory Until administrative Department activities and other general need ends use pictures. Potential Exposure Report created when personnel is exposed Transitory Until employment is Records or potentially exposed to a chemical, terminated; then including MSDS sheet of the chemical forward to HR involved. Record is placed in the employee personnel record. Presentations Departmental presentations. Semipermanent 10 years Preventative Preventative maintenance schedules, work Temporary 3 years Maintenance Work orders. Plans CITY OF MERIDIAN 2015 AMENDED RECORDS RETENTION SCHEDULE PAGE 49 OF 64 RECORD DESCRIPTION CATEGORY RETENTION PERIOD Process Documents Standard Operating Procedures, Process Semipermanent 5 years Flowcharts, Workflows, Responsible Accountable Consulted Informed (RACI) Charts and Process Performance Measures. Quotes Quotes from contractors and other service Temporary 3 years providers. Preliminary and final quotes for goods and services used to conduct building repairs, maintenance, or modifications. Record Drawings Revised set of drawings submitted by Permanent In perpetuity contractor upon completion of land development phase of a commercial, governmental, or residential project or components thereof. This includes stamped record drawings, as-builts, and wiring diagrams including but not limited to water and sewer infrastructure as installed in Meridian. Safety Documents Health and Safety Manual, safety audits, Semipermanent 30 years training, standard operating procedures, auditory testing records, respirator fit test information. Safety Meeting Topics covered and sign-up sheet for Semipermanent 30 years Agenda / Signup employees who attended the meetings. Sheets Supervisory Control Reports printed from Supervisory Control Temporary 3 years And Data Acquisition and Data Acquisition (SCADA) system. Reports (SCADA) Technical Manuals, Owner's manuals and warranties for City- Transitory Until asset is Specifications, and owned vehicles and equipment. Includes removed from service Warranties specifications, operating instructions, safety information, and terms of coverage of repair or replacement of equipment. Telephone Records A log of all messages taken both via Transitory Until administrative phone and in person including, but not need ends limited to, recorded calls, voicemails, phone call logs. Training/Travel Records documenting attendance and Semipermanent 5 years presentation by City employees at conventions, conferences, seminars, workshops, and similar training events. Includes training/travel requests, training and Continuing Education Unit (CEU) tracking reports, and related correspondence. CITY OF MERIDIAN 2015 AMENDED RECORDS RETENTION SCHEDULE PAGE 50 OF 64 RECORD DESCRIPTION CATEGORY RETENTION PERIOD Vehicle Inspection, Maintenance records, inspection work Transitory Keep until vehicle is Maintenance, Repair orders for vehicles, vehicle mileage removed from service Work orders, and reports, repair records. Reports Website Public Works Department Website. Transitory Until administrative need ends or record is superseded Water Rights Records related to City of Meridian Water Permanent In perpetuity Rights including, but not limited to, correspondence, agency filings, legal opinions, references. Administration Area of Impact Records related to analysis of expansion Semipermanent 10 years Records of Public Works services into the Area of Impact such as those for Kuna, Kuna Treatment Plant, Meridian Heights Water and Sewer District, South Meridian Planning. Committee Records Agendas and meeting minutes for special Semipermanent 5 years groups convened by Public Works such as City Services Focus Group, Construction Best Management Practices Sub - Committee, Energy. Department Policies Documents the formulation, adoption, and Transitory Until administrative implementation of internal need ends or record is actions/decisions. Includes: Computer, superseded Geographic Information System (GIS) Policy, Dress Code, Purchasing department policies. Events, Public Works Records related to planning Public Works Semipermanent 5 years internal and external events. Emergency Master Emergency plan records for City Hall, Semipermanent 10 years Plans Emergency Management, and Continuity of Operations. Newsletters Annual newsletter prepared by the Public Permanent In perpetuity Works Department. Organization Charts Organization charts. Transitory Until administrative need ends or record is superseded Rate / Fee Records Records related to establishing utility rates Semipermanent 10 years and fees, including calculations, research and recommendations. Resource Documents Notebooks, Meeting Notes, To Do Lists, Transitory Until administrative / Notes employee -compiled notes or references to need ends or record is assist in work including non -city lawsuits. superseded CITY OF MERIDIAN 2015 AMENDED RECORDS RETENTION SCHEDULE PAGE 51 OF 64 RECORD DESCRIPTION CATEGORY RETENTION PERIOD Special Projects Documents related to special, one-time Semipermanent 10 years projects to include, but not limited to, Inventory Management, Project Information, Rail with Trail, Subdivisions, and Accreditation. Studies Studies related to Public Works as Semipermanent 10 years provided by consultants. Surveys Public Works initiated internal and Semipermanent 5 years external surveys and survey results. Capital Projects and Facilities Capital Improvement Records including but not limited to Transitory Records are kept until Projects for Other attendance for public meetings, AVO's project completion Departments (Avoid Verbal Orders — Written and then turned over Instructions), change orders, construction to appropriate checklists, consultant reports, department consultants/contractors contracts, contract addendums, council memos, daily reports, design checklists, door knockers/hangers, engineering estimates, field orders, final acceptance letters, inspection reports, Notices of Intent (NOI), Notices of Termination (NOT), Notices to Proceed, pay applications, preconstruction agendas, preconstruction notices, preconstruction recordings, progress reports, project correspondence (letters, responses), project info memos, project schedules, project -related purchase order (PO) requisitions, project -related POs, QLPE (Qualified Licensed Professional Engineer) letters, record drawings (filed separately), project -related requests for information, resubmittals, submittal responses, submittals, substantial completion letters, work change directives. Construction Construction Drawings. Transitory Until replaced by Drawings Record Drawings Construction Punch New projects inspection report on City . Semipermanent 5 years Lists projects noting repairs that need made. Engineering Project Records including but not limited to Permanent In perpetuity File attendance for public meetings, AVO's (Avoid Verbal Orders — Written Instructions), change orders, construction checklists, consultant reports, consultants/contractors contracts, contract addendums, council memos, daily reports, CITY OF MERIDIAN 2015 AMENDED RECORDS RETENTION SCHEDULE PAGE 52 OF 64 RECORD DESCRIPTION CATEGORY RETENTION PERIOD design checklists, door knockers/hangers, engineering estimates, field orders, final acceptance letters, inspection reports, Notices of Intent (NOI), Notices of Termination (NOT), Notices to Proceed, pay applications, preconstruction agendas, preconstruction notices, preconstruction recordings, progress reports, project correspondence (letters, responses), project info memos, project schedules, project -related purchase order requisitions (PO), project -related POs, QLPE (Qualified Licensed Professional Engineer) letters, record drawings (filed separately), project -related requests for information, resubmittals, submittal responses, submittals, substantial completion letters, work change directives. National Pollutant All records and information resulting from Semipermanent 5 years from notice of Discharge the National Pollutant Discharge termination from Elimination System Elimination System (NPDES) EPA. (NPDES) Construction General Permit including, Construction General but not limited to copy of completed and Permit and Storm signed Storm Water Pollution Protection Water Pollution Plans (SWPPPs) and SWPPP inspection Prevention Plans reports. (SWPPP) Construction In"spection Capital Improvement Records including but not limited to Transitory Records are kept until Projects for Other attendance for public meetings, AVO's project completion Departments (Avoid Verbal Orders — Written and then turned over Instructions), change orders, construction to appropriate checklists, consultant reports, department consultants/contractors contracts, contract addendums, council memos, daily reports, design checklists, door knockers/hangers, engineering estimates, field orders, final acceptance letters, inspection reports, Notices of Intent (NOI), Notices of Termination (NOT), Notices to Proceed, pay applications, preconstruction agendas, preconstruction notices, preconstruction recordings, progress reports, project correspondence (letters, responses), project info memos, project schedules, project -related purchase order (PO) requisitions, project -related POs, QLPE CITY OF MERIDIAN 2015 AMENDED RECORDS RETENTION SCHEDULE PAGE 53 OF 64 RECORD DESCRIPTION CATEGORY RETENTION PERIOD (Qualified Licensed Professional Engineer) letters, record drawings (filed separately), project -related requests for information, resubmittals, submittal responses, submittals, substantial completion letters, work change directives. Construction Construction Drawings. Transitory Until replaced by Drawings Record Drawings Construction Punch New projects inspection report on City Semipermanent 5 years Lists projects noting repairs that need made. Engineering Project Records including but not limited to Permanent In perpetuity File attendance for public meetings, AVO's (Avoid Verbal Orders — Written Instructions), change orders, construction checklists, consultant reports, consultants/contractors contracts, contract addendums, council memos, daily reports, design checklists, door knockers/hangers, engineering estimates, field orders, final acceptance letters, inspection reports, Notices of Intent (NOI), Notices of Termination (NOT), Notices to Proceed, pay applications, preconstruction agendas, preconstruction notices, preconstruction recordings, progress reports, project correspondence (letters, responses), project info memos, project schedules, project -related purchase order requisitions (PO), project -related POs, QLPE (Qualified Licensed Professional Engineer) letters, record drawings (filed separately), project -related requests for information, resubmittals, submittal responses, submittals, substantial completion letters, work change directives. National Pollutant All records and information resulting from Semipermanent 5 years from notice of Discharge the National Pollutant Discharge termination from Elimination System Elimination System (NPDES) EPA. (NPDES) Construction General Permit including, Construction General but not limited to copy of completed and Permit and Storm signed Storm Water Pollution Protection Water Pollution Plans (SWPPPs) and SWPPP inspection Prevention Plans reports. (SWPPP) Engineering Construction Construction Drawings. Transitory Until replaced by CITY OF MERIDIAN 2015 AMENDED RECORDS RETENTION SCHEDULE PAGE 54 OF 64 RECORD DESCRIPTION CATEGORY RETENTION PERIOD Drawings Record Drawings Correspondence, Engineering transmittals (not project- Temporary 3 years Engineering related), serviceability letters, Letters of Interest. Engineering Policies Documents the formulation, adoption, and Transitory Until administrative implementation of internal actions / need ends or record is decisions. Includes: project design and superseded construction assumptions and procedures, customer relations and claims guidance, time off, attendance of professional association events, and other guidance. Engineering Project Records including but not limited to Permanent In perpetuity File attendance for public meetings, AVO's (Avoid Verbal Orders — Written Instructions), change orders, construction checklists, consultant reports, consultants/contractors contracts, contract addendums, council memos, daily reports, design checklists, door knockers/hangers, engineering estimates, field orders, final acceptance letters, inspection reports, Notices of Intent (NOI), Notices of Termination (NOT), Notices to Proceed, pay applications, preconstruction agendas, preconstruction notices, preconstruction recordings, progress reports, project correspondence (letters, responses), project info memos, project schedules, project -related purchase order requisitions (PO), project -related POs, QLPE (Qualified Licensed Professional Engineer) letters, record drawings (filed separately), project -related requests for information, resubmittals, submittal responses, submittals, substantial completion letters, work change directives. Fire Flow Requests Requests from customers for fire flow and Semipermanent 75 years responses from Engineering staff based on computer modeling. Mailing Lists Project mailing list. Transitory Until project completed Reference Documents Preliminary engineering reports, facility Permanent In perpetuity plans, other studies. Sewer Modeling Requests from customers to run sewer Semipermanent 75 years Requests model for capacity and sizing and response from Engineering staff based on computer modeling. CITY OF MERIDIAN 2015 AMENDED RECORDS RETENTION SCHEDULE PAGE 55 OF 64 RECORD DESCRIPTION CATEGORY RETENTION PERIOD Specifications Specifications such as, but not limited to Transitory Until administrative the City's Supplemental Specs, Idaho need ends or record is Standards for Public Works Construction superseded (ISPWC), and American Water Works Association (AWWA). Street Light Work Street light work orders. Semipermanent 5 years Orders Environmental Educational Outreach Records including but not limited to Transitory Until administrative Materials educational brochures, bookmarks, need ends or record is factsheets, and posters which are superseded displayed in the division and distributed at public education outreach events. Environmental Awards presented to citizens and Semipermanent 5 years Awards Records businesses in recognition of environmental contributions to the community. This includes but is not limited to award nominations, certificates, photographs, and lists of recipients. Floodplain Records of floodplain development Permanent In Perpetuity Administration including floodplain permits and floodplain certificates. Industrial Records related to the identification, Permanent In Perpetuity Pretreatment inspections sampling, permitting, formalized agreements and/or contracts between the City and individual facilities within the business and industrial sectors that must comply with the federal requirements of the Environmental Protection Agency 40 CFR Part 403, General Pretreatment regulations. These records and supporting documentation typically include: Industrial waste questionnaires, permit applications, permits and fact sheets, inspection reports, Industrial user reports, monitoring data (including laboratory reports), required plans (e.g., slug control, sludge management, pollution prevention) , enforcement activities, and correspondence to and from the Industrial User. Industrial Standard Operating Procedures, Process Transitory Until administrative Pretreatment Process Flowcharts, Workflows, Responsible need ends or record is Documents Accountable Consulted Informed (RACI) superseded Charts and Process Performance Measures related to Industrial Pretreatment processes. CITY OF MERIDIAN 2015 AMENDED RECORDS RETENTION SCHEDULE PAGE 56 OF 64 RECORD DESCRIPTION CATEGORY RETENTION PERIOD National Pollutant All records and information resulting from Semipermanent 5 years from notice of Discharge the National Pollutant Discharge termination from Elimination System Elimination System (NPDES) EPA. (NPDES) Construction General Permit including, Construction General but not limited to copy of completed and Permit and Storm signed Storm Water Pollution Protection Water Pollution Plans (SWPPPs) and SWPPP inspection Prevention Plans reports. (SWPPP) Photos, Industrial Photos related to the identification, Permanent In Perpetuity Pretreatment inspections sampling, permitting, formalized agreements and/or contracts between the City and individual facilities within the business and industrial sectors that must comply with the federal requirements of the Environmental Protection Agency 40 CFR Part 403, General Pretreatment regulations. Project Agreements Agreements between the City and partner Permanent In perpetuity agencies for work along or within agency rights or way, or easements. Storm Drain Records documenting the maintenance Transitory Until administrative Maintenance and and repair of storm drains located within need ends or record is Repair the City of Meridian. May include superseded summaries, reports, and similar records usually compiled from daily work records on a monthly or quarterly basis. Wastewater Confined Space Entry A written authorization prepared prior to Semipermanent 5 years from date Permit employee entry into a Permit Required issued Confined Space. The Department's permit contains specific entry space, purpose and time conditions under which the entrance will operate. Construction Punch New projects inspection report on City Semipermanent 5 years Lists projects noting repairs that need made. Delivery Tickets Tickets issued by suppliers to verify Temporary 2 years delivery of supplies or materials (concrete, road base, gravel, etc.). Information usually includes: date, time, amount and type of supplies/materials received, and related data. Discharge Monitoring Records documenting effluent quality Semipermanent Keep discharge Records discharged from the City wastewater monitoring reports 20 treatment facility. Includes supporting years after permit documentation such as date, period expiration. Keep all covered, National Pollutant Discharge other records 5 years, Elimination System (NPDES) permit until the end of the CITY OF MERIDIAN 2015 AMENDED RECORDS RETENTION SCHEDULE PAGE 57 OF 64 RECORD DESCRIPTION CATEGORY RETENTION PERIOD number, discharge number, frequency of NPDES permit cycle, analysis, sample type, and average and or as requested by maximum quantities and concentrations of state or federal solids, ammonia, chlorine, nitrogen, and agencies, whichever other chemicals. is longer. Equipment Records documenting the maintenance Semipermanent Keep 5 years after Maintenance & and calibration of equipment and equipment removed Calibration Records instruments used to undertake and monitor from service, until the wastewater treatment operations. Useful to end of the NPDES verify equipment reliability and for permit cycle, or as reference by regulatory agencies. requested by state or Information includes: date, type of federal agencies, equipment maintained or calibrated, tests whichever is longer. performed, repairs needed, comments, and related information. Mobile Waste Hauler Records documenting the dumping of Semipermanent 5 years Dumping Records septic pumpings and other wastes from various sources at the City waste treatment facility. Records include logs, manifests, and similar documents. Information includes: name and signature of hauler, quantity of wastes dumped, location at which wastes were pumped, and related information. National Pollutant Records documenting the application for Semipermanent Keep all records 5 Discharge and issuance of a permit to the City under 40 CFR 122.41 years, until the end of Elimination System the National Pollutant Discharge the NPDES permit (NPDES) Records Elimination System (NPDES) program cycle, or as requested which allows discharge of specific by state or federal pollutants under controlled conditions. agencies, whichever Records typically include: applications, is longer. permits, addenda, modifications, and related supporting documentation. Information includes: influent and effluent limits, chemical analysis records, water flow, test and recording requirements, definitions and acronyms, compliance schedules, and related data. (SEE ALSO Wastewater Inspection Records in. this section). Sewer Maintenance Records documenting the maintenance Semipermanent Keep records and Repair Records and repair of City sewers. May include requiring engineering summaries, reports, and similar records stamps 2 years after usually compiled from daily work records life of structure. on a monthly or quarterly basis. Keep other records 5 Information often includes location, years. narrative of work completed, amount and type of material used, personnel CITY OF MERIDIAN 2015 AMENDED RECORDS RETENTION SCHEDULE PAGE 58 OF 64 RECORD DESCRIPTION CATEGORY RETENTION PERIOD completing work, dates of activities, authorization, and related information. (SEE ALSO Activity Reports and Sewer Television/Videoscan Inspection Records in this section). Sewage Sludge Agreements between the City and Semipermanent 6 years Application landowners related to the application of Landowner sewage sludge to approved sites. Records Agreements include signed agreements, exhibits, amendments, and related documents. Information typically includes: agreement number, date, conditions or terms, parties involved, period covered, and signatures. Sewage Sludge Logs documenting the agricultural Permanent In perpetuity Application Site Logs application of sewage sludge to approved sites. Subjects include agronomic loading calculations related to maximum application of nitrogen in pounds per acre per year, and ultimate site life loading calculations tracking the amount of heavy metals applied. Sewage Sludge Plans submitted by the City to engage in Permanent In perpetuity Management Plans sludge disposal or application activity, Information includes: method of sludge removal, land application or disposal sites, sludge stability determination methods, projected sludge storage basin use, sludge analyses, application rates, and heavy metal limitations. Sewer Smoke Test Records documenting smoke tests Semipermanent 10 years Records undertaken to verify hookup to main sewer lines, check condition of pipes, or determine effectiveness of backflow prevention devices. Information typically includes: maps or diagrams of lines tested, location of leaks detected, inspector's name, pipe size, and related information. Sewer Television/ Reports documenting television Semipermanent 10 years Videoscan Inspection inspections used to locate problems and Records defects in sewer lines. Often consists of periodic inspections of existing lines, final inspections of newly constructed lines, and inspections at the end of warranty periods. Records usually contain videotapes and written reports. Information typically includes: date, type of inspection, conditions found, repairs CITY OF MERIDIAN 2015 AMENDED RECORDS RETENTION SCHEDULE PAGE 59 OF 64 RECORD DESCRIPTION CATEGORY RETENTION PERIOD needed, distances from manholes, and related information. Valve Maintenance Records documenting the location, Semipermanent Keep location and Records specifications, maintenance, and repair of specification records valves in the City sewer system. Includes 1 year after valve lists, charts, drawings, reports, logs, and removed from related records, valve location, service. Keep all identification number, run of pipe, size, other records 5 years. make, year installed, depth, turns to open and normal position, narratives of valve maintenance and repair, test run, personnel completing work, dates, and related information. Wastewater Facility Records such as applications, permits, Permanent In perpetuity Permit Records addenda, modifications, and related supporting documentation, documenting the application for and issuance of a permit authorizing the City to construct and operate a disposal system with no discharge to navigable waters such as sewage lagoons, land application/reuse, septic tanks, and drain fields. Wastewater Grant & Copies of records relating to Idaho Transitory Until administrative Loan Records Department of Environmental Quality need ends (IDEQ) grants and loans for wastewater facilities, including: application form and checklist, authorizing resolution, engineering contract checklist, certificate of negotiation, proof of professional liability insurance, certification of financial and management capability, and other documents. Wastewater Records documenting inspections of City Semipermanent Keep all records 5 Inspection Records wastewater treatment operations to years, until the end of monitor compliance with National the NPDES permit Pollution Discharge Elimination System cycle, or as requested (NPDES) permit conditions. These reports by state or federal and supporting documentation typically agencies, whichever include: date, location, areas evaluated is longer. during inspection, summary of findings, pre-treatment requirements review, sampling checklists, flow measurements, laboratory assurance checklists, and related information. Water Backflow $10 Credit Electronic report for customers who have Temporary 3 years Log their backflow tests completed by their City -mandated annual due date. CITY OF MERIDIAN 2015 AMENDED RECORDS RETENTION SCHEDULE PAGE 60 OF 64 RECORD DESCRIPTION CATEGORY RETENTION PERIOD Backflow Dual A list of customers who have two water Transitory Until administrative Connection List connection sources for outdoor use. need ends Backflow Surveys A survey of properties noting the location Transitory Until administrative and type of hazard and type of assembly. need ends or record is superseded Backflow Tester Tester information including a copy of Transitory Until administrative Information their license, proof of insurance, and tester need ends or record is kit calibration. superseded Backflow Tester List A list of backflow testers with their Transitory Until administrative pricing. need ends or record is superseded Backflow Tests Backflow assemblies test report. Temporary 3 years Chlorine Residuals A report showing sample dates and Permanent In perpetuity locations of free chlorine remaining in the City water system. Clothing Spreadsheet Spreadsheet with individual clothing and Transitory Until administrative boot information. need ends or record is superseded Confined Space Entry A written authorization prepared prior to Semipermanent 5 years from date Permit employee entry into a Permit Required issued Confined Space. The Department's permit contains specific entry space, purpose and time conditions under which the entrance will operate. Construction Punch Projects inspection report on City projects Semipermanent 5 years Lists noting repairs/corrections that need to be made. Construction Samples Bacteria sample results taken for water Semipermanent 5 years line/well construction. Consumer Report mandated by EPA delivered to Transitory Until Administrative Confidence Reports Meridian citizens that are connected to need ends (OCR's) City water. Critical Water Users Records that identify critical water users Transitory Until administrative within the City of Meridian, such as need ends or record is hospitals, medical facilities, schools, large superseded corporate facilities, hotels, motels, restaurants, and the water park. This record evolves as new businesses move into Meridian and critical water users leave Meridian. Daily Chlorine Field notes from Chlorine residuals taken Temporary 3 years Residuals from various sample ports in the City water system. Dig Line Tickets Customer and contractor requests via Dig Transitory I year Line to locate underground City utilities before excavation begins. Fire Flow Reports Actual fire flow data taken from a Semipermanent 75 years particular fire hydrant. CITY OF MERIDIAN 2015 AMENDED RECORDS RETENTION SCHEDULE PAGE 61 OF 64 RECORD DESCRIPTION CATEGORY RETENTION PERIOD Hydrant Meter Billing documents from fire hydrant meter Transitory Until administrative Billing Spreadsheet readings based on water used for needs ends construction. Leak Letters Letters that were mailed to customer Semipermanent 5 years informing customer of a possible leak are attached to the service order for leak check. License Agreements Agreement between water purveyors (City Permanent In perpetuity of Meridian) and the Idaho Department of Environmental Quality (IDEA) for discharge of domestic water into U.S waterways. Maximum Maximum Contaminant Level (MCL) Permanent In perpetuity Contaminant Level Violation notices. Required by (MCL) Public Department of Environmental Quality Notification (DEQ) (DEQ) to notify the public. Meter Warranty A report on meter warranty. Semipermanent 25 years Report Monitoring Waivers Sampling waivers to reduce the frequency Permanent In perpetuity of sampling. Production & Repair/Maintenance history on Transitory Until superseded or Maintenance distribution & Production system and all removed Distribution System related equipment. History PRV/Wells Reads Hansen software reports on Pressure Permanent In perpetuity Reducing Valves (PRV) and Well reads. Radio Licensing Licensing spreadsheets for SCADA Semipermanent 10 years radios, base station and vehicle two/way radios. Reclaimed Water Survey reports to monitor compliance. Permanent In perpetuity Surveys Safety Inspections Inspections / Reports Semipermanent 30 years Sampling Chain of Sample report form for sampling City Permanent In perpetuity Custody water for bacteria to satisfy compliance monitoring. Results are reported on separate form unless sampling is done for Bac-T. Sampling Equipment Forms for calibration and certification or Permanent In perpetuity Calibration/Repair repair of sampling equipment. Sampling Sample report form for sampling the water Permanent In perpetuity Results/Special for noncompliance monitoring. Service Orders Records including requests from customer, Semipermanent 5 years Utility Billing, or Water Division to perform work or get a read at an address as well as historical logs showing service order number. Spring flush notices Flush notices mailed to customers for Semipermanent 5 years (Mailers) spring flush of water system / Maps. CITY OF MERIDIAN 2015 AMENDED RECORDS RETENTION SCHEDULE PAGE 62 OF 64 RECORD DESCRIPTION CATEGORY RETENTION PERIOD Subdivision Map Spreadsheet with subdivision number. Transitory Until administrative Section reports need ends or record is superseded System Location Maps, Photo's, hand drawings of Water Transitory Until administrative Documents System Components. needs ends or record is superseded Turbidity Reports Logs used for entering wasted water Semipermanent 25 years flushed from the water system and not sold. Flush locations are listed. Water Quality information, including Nephelometer Turbidity (NTU) readings, are documented. Water Asset Records that identify asset location and Transitory Keep until asset is Information manufacturer maintenance information. removed from service Water Division SOPs Standard policies and procedures for the Transitory Until administrative Water Division. need ends or record is superseded Water Meter Reports Water meter reports including: NC list, Semipermanent 5 years billing status report, autoread master route report, billing pre -scan report, re -reads, and water meter testing results. Water Quality Any mailed correspondence with labs, Semipermanent 15 years Correspondence customers, regulators concerning sampling. Water Quality Records documenting water quality calls Semipermanent 25 years Master Log from customers. Well Disconnects Documents on private well disconnects. Permanent In perpetuity CITY OF MERIDIAN 2015 AMENDED RECORDS RETENTION SCHEDULE PAGE 63 OF 64 Appendix A: FAQ Records Retention and Destruction Table Record Retention Original Record COPIES: Once a Copy is Is a Is Clerk 30- Categoryi Period as Received by Made of an Original Resolution to day Notice the City Record, May the Original be Destroy Letter to Returned to Sender or be Needed for Archivist Destroyed? Disposing of Required after the Original Resolution to Record?" Destroy is Approved?"' Permanent Forever (IC Paper No, original paper permanent N/A N/A 50-907(1)) records must be kept forever (IC 50-909(5))'" Digital Yes, but only if the paper copy is treated as "the original" and kept forever. Semipermanent No less than 5 Paper Yes; original (paper/digital) Yes Yes; years (IC 50- and copy (digital/paper) are Semipermanent 907(2)), but see the "interchangeable" provided one version is kept as "the records Digital Department's original" and Schedule for retained/destroyed according the record in to the Citywide Records question Retention Schedule.- chedule,Temporary Temporary No less than 2 Paper No; Temporary years (IC 50- records 907(3)), but Digital see the Department's Schedule for the record in question Transitory See the Paper No N/A Department's Digital Schedule for the record in question ' Note: Employees can determine the record category for a particular record by going to their Department Schedule within the Citywide Records Retention Schedule. " Note: Once a Resolution to Destroy Records is approved, it applies to original + copy(s) in other formats that have not yet been destroyed. No copy can survive the specified retention period for the original record. "` Note: The City Clerk will notify the Department when it is "OK" to destroy. '" Note: The only option in lieu of the City storing a permanent paper record forever is to transfer it via City Council resolution to the State Archivist. CITY OF MERIDIAN 2015 AMENDED RECORDS RETENTION SCHEDULE PAGE 64 OF 64 Meridian. City Council Meeting DATE: May 12, 2015 ITEM NUMBER: 5G PROJECT NUMBER: ITEM TITLE: Approve Minutes of March 30, 2015 City Council Special Meeting MEETING NOTES APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: May 12, 2015 ITEM NUMBER: 5H PROJECT NUMBER: ITEM TITLE: Approve Minutes of April 14, 2015 City Council Workshop Meeting MEETING NOTES 9 APPROIED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: Mav 12.2015 ITEM NUMBER: 51 PROJECT NUMBER: ITEM TITLE: Approve Minutes of April 21, 2015 City Council PreCouncil Meeting MEETING NOTES 9 APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: May 12, 2015 ITEM NUMBER: 5J PROJECT NUMBER: ITEM TITLE: Approve Minutes of April 21, 2015 City Council Meeting MEETING NOTES rte✓ APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: May 12, 2015 ITEM NUMBER: 5K PROJECT NUMBER: ITEM TITLE: Approve Minutes of April 28, 2015 City Council Meeting MEETING NOTES 56 A P -W PROVED Community Item/Presentations Presenter Contact Info./Notes - CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: May 12, 2015 ITEM NUMBER: 5M PROJECT NUMBER: ITEM TITLE: Approval of Contract Change Order No. 8 to the Existing Agreement for Independent Contractor Services for "WWTP Fermentation and Odor Control Project to Contractors Northwest for the Not -To -Exceed Amount of $197,881.00 MEETING NOTES 9 APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Memo To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: Jacy Jones, Clint Dolsby Date: 5/6/15 Re: May 12th City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the May 12 ' City Council Consent Agenda for Council's consideration. Approval of Contract Change Order No. 8 to the existing Agreement for Independent Contractor Services for VWTP Fermentation and Odor Control Project to Contractors Northwest for the Not -To -Exceed amount of $197,881.00. Recommended Council Action: Approval of Contract Change Order No. 8 to Contractors Northwest for the Not -To -Exceed amount of $197,881.00. This change order represents a 7.6% increase in the contract amount for a total of $2,594,291.00. The total amount of all 8 change orders ($570,672) is 25.7% of the original contract amount. This change order is within the current budget. Thank you for your consideration. 0 Page 1 CENZ, IDIA14-1-.1 A NO Works Department I. II TO: Keith Watts FROM: Clint Dolsby Assistant City Engineer DATE: 04/15/2015 Mayor Tammy de Weerd Chip Coandl Membeirse Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: Project Information; WWTP Fermentation and Odor Control Project 100452 Construction Change Order 8 DEPARTMENT CONTACT PERSONS Clint Dolsby, Asst. City Engineer (Project Manager) 489-0341 Warren Stewart, PW Engineering Manager 489-0350 John McCormick, Deputy Public Works Director 489-0378 DESCRIPTION A. Background The objective of the primary sludge fermentation process is to promote a reliable biological phosphorous removal process through the addition of volatile fatty acids to the secondary treatment system at the wastewater treatment plant. Volatile fatty acids (VFAs) are the preferred food for the biological phosphorus removal processes, and the Meridian wastewater treatment plant influent wastewater has limited VFAs. A fermentation process has the capability to produce VFAs to promote a reliable biological phosphorus removal process at the Meridian wastewater treatment plant. B. Proposed Project Change Order #8 for the Fermentation and Odor Control Construction Project includes the addition of a fermentation tank scum overflow wasting pipe, upgraded mixer motors and electrical, and the addition of scum busting pump and spray nozzles. These enhancements to the fermentation system will reduce the potential for scum and foam accumulation in the fermenter. IMPACT Page 1 of 2 A. Strategic Impact: This project will help increase efficiencies at the Wastewater Treatment Plant and investigate alternative methods of wastewater treatment to reduce nitrogen and phosphorous loadings into our receiving stream. B. Service/Delivery Impact: Improving the operation of the biological nutrient removal processes at the wastewater treatment plant will not only help to stabilize the plant operation, it will additionally improve the removals of the nutrients that are regulated or will be regulated in our facility permits. C. Fiscal Impacts:, This change order will be financed using the Fiscal Year 2015 fermentation project carry forward funding. The construction will be completed in Fiscal Year 2015. Project Costs Change Order $197,881.00 Total Cost $197,881.00 Project Funding Fiscal Year 2015 Carry Forward $241,238.15 Total Funding Available $241,238.15 IV. TIME CONSTRAINTS Council's approval will allow this work to be completed in fiscal year 2015. V. LIST OF ATTACHMENTS A. Change Order 8 for the Fe entation and Odor Control Project Approved for Council Agenda; ZI 5 Warren Stewart Date Page 2 of 2 CITY OF MERIDIAN 33 EAST BROADWAY MERIDIAN, ID 83642 CONTRACT CHANGE ORDER CHANGE ORDER NO. 8 PROJECT NO. 10045a DATE: 4/15/2015 EFFECTIVE DATE: 4/15/2015 CONTRACTOR: Contractors Northwest, Inc. PROJECT: WWTP Fermentation and Odor Control Project The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Description: The addition of a fermentation tank scum overflow wasting pipe, upgraded mixer motors and electrical, and the addition of scum busting pump and spray nozzles. Reason for Change Order: To implement improvements to the fermentation tank in an effort to eliminate the potential for scum and foam accumulation in the fermenter. Attachments: Pricing for COR 42 CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $ $2,221,500.00 Original Contract Times: 400 Net changes form previous Change Orders Net changes form previous Change Orders No _1_ to 6_ No._1_, to 6_ (calendar days) $ 372,791.00 120 Contract Price Prior to this Change Order: Contract Times prior to this Change Order: (calendar days) $ 2,594,291.00 520 Net Increase (decrease) of this Change Order. Net Increase (decrease) of this Change Order. (calendar days) $ 197,881.00 180 Contract Price with all Approved Change Orders: Contract Times with all Approved Change Orders: (calendar days) $ 2,792,172.00 700 APPROVED: (City Purchasing ana ) ACCEPTED: (Contractor) / W1,IR'ti�� 1517J11�VCV� By: Keith Watts Date: % Date: RECOM ED: (Public Yorks) DATE APPROVED BY COUNCIL By: NO SIGNATURE REQUIRED Date: G DATE: PROVED- t/) Goo ST:By: ;By: i Clerk,Wycee L. Holman MayorTammy a Weerd +Cityof Date: ., /YL E IDI— x Fy ., 1fr '4" �I the TAFA9'1V�' SPA0.00 , % 0:00, 42422.OU A2.00 ;. 8&00 - HR 1020 00 _ 80;00 , HR 12=00 4A0,,, _ 40.00 HR , 160;`00 . Subtotal 42422.OU 4202-20 Overhead &-ProfiLCN1 provided,Q 10%' 1,00 _,_ 4202200 ;, 0,10 693.36 Bond ra#e 1.00 46224,200.01500 tiiabillty Insurance ' r 1.00 46917,56 0.00550 '. 256:05 Builders risk itrsurance :. 1.00 47175,61 "0,00350 1651.11 Total.$47,341 *4/1712015 Pap 1 Sheet3COR 42.1 Scum foam line4ev2.xls E Contractor. CONTRACTORS NORTHWEST, INC. Project: Meridian WWTP Fermentation & Odor control - project# 424845 Reference: Scope of change: Mixer motor upgrade Change Order Request No: 42.2 Revised 4/17/2015 2:05 PM4/17/2015 Page 1 Sheet3COR 42.2 Mixer motor-rev2.xls Item # Description Quantity Price Unit Cost 1 Westech equipment 1.00 24900.00 Is 24900.00 2 Electrical 1.00 29500.00 is 29500.00 3 CNllabor 40.00 45.00 hr 1800.00 4 small tools 1.00 125.00 Is 125.00 7 Misc materials & consumables 1.00 159.00 Is 159.00 9 0.00 10 0.00 11 0.00 12 0.00 13 0.00 0.00 0.00 14 0.00 0.00 0.00 0.00 0.00 Sales tax @ 6% 0.06 0.00 % 0.00 Project Manager 16.00 85.00 HR 1360.00 Superintendent 24.00 80.00 HR 1920.00 Clerical - office 2.00 40.00 HR 80.00 Labor - clean-up 0.00 32.00 HR 0.00 Sub -total 59844.00 Overhead & Profit: CNI provided @ 10% 1.00 59844.00 0.10 5984.40 Bond rate 1.00 65828.40 0.01500 987.43 Liability insurance 1.00 66815.83 0.00550 367.49 Builders risk insurance 1.00 67183.31 0.00350 235.14 Total j $67,418 2:05 PM4/17/2015 Page 1 Sheet3COR 42.2 Mixer motor-rev2.xls Contractor: CONTRACTORS NORTHWEST, INC. Project: Meridian WWTP Fermentation & Odor control - project # 424845 Reference: Scope of change: Scum Foam Buster Change Order Request No 42.3 Revised 4/17/2015 2:05 PM4/17/2015 Page 1 Sheet3COR 42.3 Scum foam buster-rev2.xis Item # Description Quantity Price Unit Cost 1 IScum foam buster system 1.00 19700.00 Is 19700.00 2 storage building 1.00 3186.00 Is 3186.00 3 CNI tabor 80.00 45.00 hr 3600.00 4 Electrical 1.00 22575.00 Is 22575.00 7 Misc piping & materials 1.00 398.00 Is 398.00 8 0.00 9 0.00 10 0.00 11 0.00 12 0.00 13 0.00 0.00 0.00 14 0.00 0.00 0.00 0.00 0.00 Sales tax C 6% 0.06 0.00 % 0.00 Project Manager 8.00 85.00 HR 680.00 Superintendent 28.00 80.00 HR 2240.00 Clerical - office 2.00 40.00 HR 60.00 Labor - clean-up 0.00 32.00 HR 0.00 Sub -total 52459.00 Overhead & Profit: CNI provided 10% 1.00 52459.00 0.10 5245.90 Bond rate 1.00 57704.90 0.01500 865.57 Liability insurance 1.00 58570.47 0.00550 322.14 Builders risk insurance 1.00 58892.61 0.00350 206.12 Total $59,099 2:05 PM4/17/2015 Page 1 Sheet3COR 42.3 Scum foam buster-rev2.xis Contractor: CONTRACTORS NORTHWEST, INC. Project: Meridian WWTP Fermentation & Odor control - project # 424845 Reference: Scope of change: Mixer Impeller replacement Change Order Request No 42.4 Revised 4/17/2015 2:07 PM4/17/2015 Page 1 Sheet3COR 42.4 Mixer impeller rev-2.xls Item # Description Quantity Price Unit Cost 1 Westech material 1.00 11500.00 Is 11500.00 2 CNllabor 72.00 45.00 hr 3240.00 3 small tools 1.00 125.00 is 125.00 4 Misc materials & consumables 1.00 159.00 Is 159.00 7 Crane & equipment 1.00 4600.00 Is 4600.00 8 Is 0.00 9 0.00 10 0.00 11 0.00 12 0.00 13 0.00 0.00 0.00 14 0.00 0.00 0.00 0.00 0.00 Sales tax G 6% 0.06 0.00 % 0.00 Project Manager 4.00 85.00 HR 340.00 Superintendent 16.00 80.00 HR 1280.00 Clerical - office 2.00 40.00 HR 80.00 Labor - clean-up 0.00 32-00 HR 0.00 Sub -total 21324.00 Overhead & Profit: CNI provided 10% 1.00 21324.00 0.10 2132.40 Bond rate 1.00 23456.40 0.01500 351.85 Liability insurance 1.00 23808.25 0.00550 130.95 Builders risk insurance 1.00 23939.19 0.00350 83.79 Total $24,023 2:07 PM4/17/2015 Page 1 Sheet3COR 42.4 Mixer impeller rev-2.xls Meridian City Council Meeting DATE: May 12, 2015 ITEM NUMBER: 5N PROJECT NUMBER: ITEM TITLE: Approval of Award of Bid and Agreement to AME ELECTRIC, INC. for the "WWTP AERATION BASIN PLC UPGRADES" Project for the Not - To -Exceed Amount of $52,486.00 MEETING NOTES rte✓ APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN CONTRACT/AGENDA REQUEST CHECKLIST Date: 5/6/2015 REQUESTING DEPARTMENT PUBLIC WORKS Fund: 60 Department: Construction: X Project Name: Project Manager: David Allison Contractor/Consultant/Design Engineer: Budget Available (Attach Report): Will the project cross fiscal years? 3590 Yes GL Account: 94300 Project # PSA: Task Order: WWTP AERATION BASIN PLC UPGRADES Department Representative: n/a CH2MHILL / AME Electric Contract Amount: $52,486.00 Yes No X Budget Information: FY Budget: 15 Enhancement #: Grant #: Other: Type of Grant: CONTRACT CHECKLIST BASIS OF AWARD Low Bidder X Highest Rated Master Agreement (Bid Results Attached) Yes (Ratings Attached) (Category) Typical Award Yes X No If no please state circumstances and conclusion: 10 Day Waiting Period Complete: Yes Date Award Posted: April 23, 2015 10521.0 PW License # PWC -C-11544 Current? (attach print out) Yes Corporation Status Goodstanding Insurance Certificates Received (Date): May 6, 2015 Rating: A+ Payment and Performance Bonds Received (Date): May 6, 2015 Rating: A Builders Risk Ins. Req'd: Yes No X If yes, has policy been purchased? n/a (Only applicabale for projects above $1,000,000) Date Submitted to Clerk for Agenda: May 6, 2015 Approved by Council Issue Purchase Order No, Date Issued: WI -15 submitted May 6. 2015 Issue Notice of Award: Date: NTP Date: (Only for non Public Works Project) Memo To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: Jacy Jones, David Allison Date: 5/6/2015 Re: May 12th City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the May 12th City Council Consent Agenda for Council's consideration. Approval of Award of Bid and Agreement to AME ELECTRIC. INC. for the "WWTP AERATION BASIN PLC UPGRADES" proiect for a Not -To -Exceed amount of $52.486.00. Recommended Council Action: Award of Bid and Approval of Agreement to AME ELECTRIC, INC. for the Not -To -Exceed amount of $52,486.00. Thank you for your consideration. • Page 1 AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES WWTP AERATION BASIN PLC UPGRADES PROJECT # 10521.0 THIS AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES is made this 5th day of May, 2015, 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 AME Electric, Inc., hereinafter referred to as "CONTRACTOR", whose business address is 3621 Arthur Street, Caldwell, ID 83605 and whose Public Works Contractor License # is PWC -C11544 -AA -4. INTRODUCTION Whereas, the City has a need for services involving Installing PLC's; and WHEREAS, the Contractor 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: TERMS AND CONDITIONS Scope of Work: 1.1 CONTRACTOR 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 work, and comply in all respects, as specified in the document titled "Scope of Work" 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 Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; 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 Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, 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 Contractor 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 Contractor represents and warrants that it will perform its work in accordance with generally WWTP AERATIONBASIN PLC UPGRADES page 1 of 11 Project 10521.0 accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provided by the Contractor 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 Contractor shall be compensated on a Not -To -Exceed basis as provided in Attachment B "Payment Schedule" attached hereto and by reference made a part hereof for the Not -To -Exceed amount of $52,486.00. 2.2 The Contractor shall provide the City with a monthly statement and supporting invoices, as the work warrants, 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 Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor 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, Contractor 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. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) or unless sooner terminated as provided in Sections 3.2, 3.3, and Section 4 below or unless some other method or time of termination is listed in Attachment A. 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. WWTP AERATIONBASIN PLC UPGRADES page 2 of 11 Project 10521.0 3.3 Should City fail to pay Contractor all or any part of the compensation set forth in Attachment B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 3.4 TIME FOR EXECUTING CONTRACT AND LIQUIDATED DAMAGES Substantial Completion shall be accomplished within 50 (fifty) calendar days from Notice to Proceed. This project shall be considered Substantially Complete when the Owner has full and unrestricted use and benefit of the facilities, both from an operational and safety standpoint, and only minor incidental work, corrections or repairs remain for the physical completion of the total contract. Contractor shall be liable to the City for any delay beyond this time period in the amount of $500.00 (five hundred dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. Upon receipt of a Notice to Proceed, the Contractor shall have 64 (sixty-four) calendar days to complete the work as described herein. Contractor shall be liable to the City for any delay beyond this time period in the amount of $500.00 (five hundred dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. See Milestones listed below for Substantial Completion 4. Termination: 4.1 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, 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 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. CONTRACTOR 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 CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. 4.2 Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR, and the CITY may withhold any payments to WWTP AERATIONBASIN PLC UPGRADES page 3 of 11 Project 10521.0 CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 5. Independent Contractor: 5.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Attachment A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 5.2 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. 5.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor 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 Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. 6. Indemnification and Insurance: 6.1 CONTRACTOR 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 performance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees. CONTRACTOR shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance, in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, 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 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, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for WWTP AERATIONBASIN PLC UPGRADES page 4 of 11 Project 10521.0 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 performance of this Agreement by the Contractor or Contractor'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. CONTRACTOR shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Contractor begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, CONTRACTOR 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. 6.2 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. 6.3 To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. 6.4 The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6.5 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 6.6 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 7. Bonds: Payment and Performance Bonds are required on all Public Works Improvement Projects per the ISPWC and the City of Meridian Supplemental Specifications & Drawings to the ISPWC, which by this reference are made a part hereof. 8. Warranty: All construction and equipment provided under this agreement shall be warranted for 2 years from the date of the City of Meridian acceptance per the ISPWC and the Meridian Supplemental Specifications & Drawings to the ISPWC and any modifications, which by this reference are made a part hereof. WWTP AERATIONBASIN PLC UPGRADES page 5 of 11 Project 10521.0 All items found to be defective during a warranty inspection and subsequently corrected will require an additional two (2) year warranty from the date of City's acceptance of the corrected work. 9. Meridian Stormwater Specifications: All construction projects require either a Storm Water Pollution Prevention Plan (SWPPP) or an erosion sediment control plan (ESCP) as specified in the City of Meridian Construction Stormwater Management Program (CSWMP) manual. The CSWMP manual containing the procedures and guidelines can be found at this address: http://www.meridiancity.org/environmental.aspx?id=13618. 10. 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 CONTRACTOR City of Meridian AME Electric, Inc. Purchasing Manager Attn: Mike S. Tenhulzen, President 33 E Broadway Ave 3621 Arthur Street Meridian, ID 83642 Caldwell, ID 83605 208-888-4433 Phone: 208-459-8959 Email: mike@ameelectric.com Idaho Public Works License #PWC -C-11544 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. 11. 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. 12. 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. 13. 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. WWTP AERATIONBASIN PLC UPGRADES page 6 of 11 Project 10521.0 14. Discrimination Prohibited: In performing the Work required herein, CONTRACTOR 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. 15. Reports and Information: 15.1 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. 15.2 Contractor 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. 16. 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 CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR 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. 17. 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. 18. Compliance with Laws: In performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 19. ACHD: Contractor shall be responsible for coordinating with the City to obtain appropriate ACHD permit(s) and will reimburse the City for fees, fines, or penalties City incurs due to Contractor's violation of any ACHD policy. City shall certify to ACHD that Contractor is authorized to obtain a Temporary Highway and Right -of -Way Use Permit from ACHD on City's behalf. The parties acknowledge and agree that the scope of the agency granted by such certification is limited to, and conterminous with, the term and scope of this Agreement. 20. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually agreed upon by W WTP AERATIONBASIN PLC UPGRADES page 7 of 11 Project 10521.0 and between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 21. 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. 22. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach; of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 23. 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. 24. 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. 25. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 26. 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. 27. 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. 28. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. WWTP AERATIONBASIN PLC UPGRADES page 8 of 11 Project 10521.0 CITY OF MERIDIAN TAMMY d ERD, MAYOR Dated: AME ELECTRIC, INC. BY: "�' -'+ MIKE . • , PR ENT r u ze d� Dated -14 �� E `1 5 Approved by Council: / 2,,'915' 611 40,,,TED A UCU Off! Atte �sG r90 w City of CITY CLE k-;4 j E IDIAN& .� IDAHO m Ile SEAL 9 Purchasing Approval rfe '(16rTAEA5�0.% BY: KEITH ATTS, Purc asing Manager Dated:: Project Manager David Allison, Staff Engineer II v� pa nt Ap ro all BY: WARREN STEW A11-5 RT, Engineering Manager Dated:: J�/(� WWTP AERATIONBASIN PLC UPGRADES page 9 of 11 Project 10521.0 Attachment A SCOPE OF WORK REFER TO INVITATION TO BID PW -15-10521.0 ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # PW -15-10521.C, are by this reference made a part hereof. WWTP AERATIONBASIN PLC UPGRADES page 10 of 11 Project 10521.0 Attachment B MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $52,486.00. w0.1 -m Milestone 1 Substantial Completion 50 (Fifty) days Milestone 2 Final Completion 64 (Sixty -Four) days * Contract includes furnishing all labor, materials, equipment, and incidentals as required for the NAME OF PROJECT per IFB PW -14-101 NOT -TO -EXCEED CONTRACT TOTAL ....................... CONTRACT IS A NOT TO EXCEED AMOUNT. LINE ITEM PRICING BELOW WILL BE USED FOR INVOICE VERIFICATION AND ANY ADDITIONAL INCREASES OR DECREASES IN WORK REQUESTED BY CITY. t Description Unit Price Materials $38,486.00 Labor $14,000.00 Travel expenses, if applicable, will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. WWTP AERATIONBASIN PLC UPGRADES page 11 of 11 Project 10521.0 Bond No. IDC 44608 Payment Bond CONTRACTOR: (rlranne, legal states and address) AME Electric, Inc. 3621 Arthur Street Caldwell, ID 83605 OWNER: (Vane, legal status and address) City of Meridian 33 East Broadway Avenue Meridian, ID 83642 Document A312 TM -2010 Conforms with The American Institute of Architects AIA Document 312 SURETY: (Nance, legal status and principal place of business) Merchants Bonding Company (Mutual) 2100 Fleur Drive Des Moines, IA 50321-1158 Mailing Address for Notices Merchants Bonding Company (Mutual) 2100 Fleur Drive, Des Moines, IA 50321-1158 This document has important legal consequences. Consultation with an attorney Is encouraged with respect to its completlon or modificatidn. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONSTRUCTION CONTRACT Date: May 5, 2015 Amount: $52,486.00 Fifty Two Thousand Four Hundred Eighty Six Dollars and 00/100 Description: (Name and location) WWTP Aeration Basin PLC Upgrades. Project # 10521.0 BOND Date: May 5, 2015 (Not earlier than Construction Contract Date) Amount: $ 52,486.00 Fifty Two Thousand Four Hundred Eighty Six Dollars and 00/100 Modifications to this Bond: Q None F] See Section 18 CONTRACTOR AS PRINCIPAL SURETY Company: (Cor r to Seal) Company: (Corporate Seal) AME Electric, Inc. Merchants on ing Company Mutua!? Signature: r Signature, Name Michael TenHulzen Namo R mond L Wolfe and Title: and Title: Attorney -in -Fact (Any additional signatures appear on the last page of this Payment Bond) (FOR INFORbLlTION ONLY —Maine, address and telephone) AGENT or BROKER: The Hartwell Corporation PO Box 400 Caldwell, ID 83606 208-459-1678 S-21491AS 8110 OWNER'S REPRESENTATIVE: (Architect, Engineer or other party;) a § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. § 2 1 f the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13) of claims, demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety. § 4 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and tit the Surety's expense defend, indemnify and hold harmless the Owner against a duly tendered claim, demand, lien or suit. § 5 The Surety's obligations to a Claimant under this Bond shall arise after the following: § 6.1 Claimants, who do not have a direct contract with the Contractor, .1 have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and .2 have sent a Claim to the Surety (at the address described in Section 13). § 6.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at the address described in Section 13). § 6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Cluimant's obligation to furnish a written notice of non-payment under Section 5.1.1. § 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the following actions: § 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) clays after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and § 7.2 Pay or arrange for payment of any undisputed amounts § 7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Section 7.1 or Section 7.2, the Surety shall indemnify die Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. § q The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable uttomey's fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. § 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 8-2149/AS 8/10 § 10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that arc unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to, or give notice on behalf of, Claimants or otherwise have any obligations to Claimants under this Bond. § 11 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 12 No suit or action shall be commenced by a Claimant under thls Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract- Is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph arc void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. - § 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. § 14 When this Bond has been firmishcd to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 15 Upon request by any person or entity appearing to be a potential beneficiary of.this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. § 16 Definitions § 16.1 Claim. A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done, or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant'to which labor, materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor, materials or equipment furnished; .6 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of the Claim; .i the total amount of previous payments received by the Claimant; and .8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the date of the Claim. § 16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract. The term Claimant also includes any Individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located, The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. § 16.3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. 8-21 49/AS 8110 § 16.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 16.6 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 17 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. § 18 Modilications to this bond are as follows: (Space is provided below fo)• additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Coi paa•ate Seal) Company: (Corporate Seal) Signature: _ Name and Title: Address 8-21491AS 8110 Signature: _ Name and Title: Address MERCHANTSS� BONDING COMPANY. POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations duly organized under the laws of the State of Iowa (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint, individually, Karl F Baughman; Lynn Hawley; Raymond L Wolfe; Traci McClure; Zachary A Dehne of Caldwell and State of Idaho their true and lawful Attorney -in -Fact, with full power and authority hereby conferred in their name, place and stead, to sign, execute, acknowledge and deliver in their behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of. TWENTY MILLION ($20,000,000.00) DOLLARS and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the Companies, and all the acts of said Attorney -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power -of -Attorney is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of Directors of the Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 24, 2011. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 20th day of August , 2014 . G p �PO�p ;•O��`(�P ,9 'Oq•.• MERCHANTS NATIONAL ONDIING(NCTUAL) - xv 2003 1933 c; y�. Qj stir• . ,��t`,,.�, '••d,�W• .. `�a•. �' STATE OF IOWA COUNTY OF POLK ss. ""�"""` • • • •' • • • President On this20lhday of August . 2014, before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument is the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. �PIA40 WENDY WOODY 0 Commission Number 784654 zr ` My Commission Expires �owP June 20, 2017 OQ� Notary Public, Polk County, Iowa STATE OF IOWA COUNTY OF POLK ss. I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In W15 �ness Whereof, I have hereu this day of /t4& hand and affixed the seal of the Companies on 0 tit' �- �°i 0 POA 0014 (7/14) " ��'!r:'• ••• :%J��,.' • • O\NG CD,y�• . 0- 1 933 c; A/��, Secretary Firemium: $861.00 Bond No. IDC 44608 Document A312 TM -2010 Conforms with The American Institute of Architects AIA Document 312 Performance Bond CONTRACTOR: (Nage, legal status and address) AME Electric, Inc. 3621 Arthur Street Caldwell, ID 83605 OWNER: (Maine, legal status and address) City of Meridian 33 East Broadway Avenue Meridian, ID 83642 CONSTRUCTION CONTRACT Date: May 5, 2015 Amount: $ 52,486.00 SURETY: (Nmne, legal status and principal place of business) Merchants Bonding Company (Mutual) 2100 Fleur Drive Des Moines, IA 50321-1158 Mailing Address for Notices Merchants Bonding Company (Mutual) 2100 Fleur Drive, Des Moines, IA 50321-1158 This document has Important legal consequences. Consultation with an attorney Is encouraged with respect to Its completion or modlficalion. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. Fifty Two Thousand Four Hundred Eighty Six Dollars and 00/100 Description: (Varve and location) WWTP Aeration Basin PLC Upgrades. Project # 10521.0 BOND Date: May 5, 2015 (Not earlier than Construction Contract Date) Amount: $52,486.00 Fifty Two Thousand Four Hundred Eighty Six Dollars and 00/100 Modifications to this Bond: x0 None F] Sec Section 16 CONTRACTOR AS PRINCIPAL SURETY Company: (Conpo•ate Seal) Company: AME Electric, Inc. Merchants Signature:A�k Signature: Name Michael enHulzen Name R and Title: and Title: Attorney -in -Fact (Coporate Seal) ng Company (Mutua!) (Any additional signatures appear on the last page of this Performance Bond.) (FOR INF02bLlTION ONLY —Nate, address and telephone) AGENT or BROKER: The Hartwell Corporation PO Box 400 Caldwell, ID 83606 208-459-1678 S-1852/AS 8110 OWNER'S REPRESENTATIVE: (Architect, Engineer or other party.) Ti' 0 § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. § 2 If the Contractor performs the Construction Contract, the Surely and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Section 3. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the 0,mier, Contractor and Surety to discuss the Contractor's performance. If the Owner docs not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within ten (10) business days of the Surety's receipt of the Owner's notice. If the Owner, the Contractor and the Surely agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. § 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. § 5 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense take one of the following actions: § 6.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; § 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; § 6.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owncr and a contractor selected with the Ownces concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the ONNmor the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or § 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: Aftcr investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable atter the amount is determined, make payment to the Owner; or Deny liability in whole or in part and notify the Owner, citing the reasons for denial. § 6 If the Surely does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days atter receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Section 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. S-1852/AS 8/10 § 7 If the Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the 04vner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for .1 the responsibilities of the Contractor for correction of defective work and completion of the. Construction Contract; .2 additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Section 5; and .3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. § 8 If the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to tiie amount of this Bond. § 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that arc unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors and assigns. § 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. § 13 When this Bond has been famished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted hererrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common lawbond. § 14 Definitions § 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under (lie Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalfof the Contractor under the Construction Contract. § 14.2 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. § 14.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. § 14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform, and complete or comply with the other material terms of the Construction Contract. § 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 15 if this Bond is issued for an agreement between a Contractor and subcontractor, the temi Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. S-1852/AS 8/10 § 16 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page) CONTRACTOR AS PRINCIPAL. SURETY Company: (Corporate Seal) Company: Signature: Name and Title: Address S-1852/AS 8/10 Signature: Name and Title: Address (Coy porate Seal) AMEEL-1 OP ID: RR CERTIFICATE OF LIABILITY INSURANCE 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 DATE 0 4 /2 312 0 1 YY) 04/23/2015 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(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 The Hartwell Corporation -Cal PO Box 400 Caldwell, ID 83606 Raymond Wolfe CONTACT Zach Dehne PHONE FAX ac No, Ext): 208-459-1678 (A/C No): 208454-1_114 ADORIEss, Zach@thehartwellcorp.com X COMMERCIAL GENERAL LIABILITY INSURER(S) AFFORDING COVERAGE NAIC If INSURER A: Charter Oak Fire Insurance Co 25615 INSURED AME Electric, Inc. INSURER B: The Cincinnati Ins Co 10677 3621 Arthur Street CLAIMS -MADE N OCCUR Caldwell, ID 83605 INSURER C: EPP 0217359 01/01/2015 INSURER D: INSURER E: MED EXP (Any one person) S 10,000 INSURER F: 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. ILNSR TR TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF MMIDD/YYYY POLICY EXP MMIDDIYYYY LIMITS B X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE N OCCUR X X EPP 0217359 01/01/2015 01/01/2016 DAMAGE TORE TED PREMISES Ea occurrence S 500,000 MED EXP (Any one person) S 10,000 PERSONAL S ADV INJURY S 1,000,000 GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY ❑ PRO- JECT LOC PRODUCTS - COMPIOP AGG S 2,000,000 Emp Ben. S 1/3000000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLELIMIT Ea accident S 1,000,000 BODILY INJURY (Per person) S B X ANY AUTO X X EBA0217359 01/01/2015 01/01/2016 ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) S NON -OWNED HIREDAUTOS AUTOS PROPERTY DAMAGE S Per accident S X UMBRELLA LIAB X OCCUR EACH OCCURRENCE S 4,000,000 AGGREGATE S 4,000,000 B EXCESS LIAB CLAIMS -MADE EPP 0217359 01/01/2015 01/01/2016 DED I X I RETENTION $ 0 S A WORKERS COMPENSATIONX AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNERIEXECUTIVE Y / N OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N /A X UB1757X25215 01/01/2015 01/01/2016 PER OTH- STATUTE ER E.L. EACH ACCIDENT S 1,000,000 EL.DISEASE- EAEMPLOYEE S 1,000,000 Ifyes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT I S 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) City of Meridian and City's elected officials, officers, employees, agents, and volunteers are also named as Additional insureds per included AA 4171 11 05 and GA233 02/07 form, as required by the insurance contract with respects to the project - PW -15-10521.0 (WW'PP Areation Basin PLC Upgrades). Primary & Non -Contributory Applies. CERTIFICATE HOLDER CANCELLATION CITYM-0 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cit of Meridian Y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Purchasing Department 33 East Broadway Ave., Ste 106 Meridian, ID 83642 AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD A'h -k 1p�-Nr THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED BY CONTRACT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM This endorsement changes the policy effective on the inception date of the policy unless another date is indi- cated below. Endorsement Effective: Policy Number: 01-01-2014 IEBA 021 73 59 Named Insured: AME ELECTRIC INC, VERSATILE PROPERTIES LLC Countersigned by: Repre With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. SECTION II - LIABILITY COVERAGE, A. Cover- age, I. Who is an Insured is amended to include as an insured any person or organization with which you have agreed in a valid written contract to provide insurance as is afforded by this policy. This provision is limited to the scope of the valid written contract. This provision does not apply unless the valid written contract has been executed prior to the "bodily injury" or "property damage". AA 4171 11 05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION - AUTO This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM This endorsement changes the policy effective on the inception date of the policy unless another date is indi- cated below. Endorsement Effective: Policy Number: 01-01-2014 IEBA 021 73 59 Named Insured: SAME ELECTRIC INC, VERSATILE PROPERTIES LLC_ Countersigned by: With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. 1. Blanket Waiver of Subrogation SECTION IV - BUSINESS AUTO CONDI- TIONS, A. Loss Conditions, 5. Transfer of Rights of Recovery Against Others to Us is amended by the addition of the following: We waive any right of recovery we may have against any person or organization because AA 4172 09 09 of payments we make for "bodily injury" or "property damage" arising out of the operation of a covered "auto" when you have assumed liability for such "bodily injury" or "property damage" under an "insured contract', pro- vided the "bodily injury" or "property damage" occurs subsequent to the execution of the "in- sured contract'. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS' COMMERCIAL GENERAL LIABILITY BROADENED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Endorsement -Table of Contents: Coverage: Begins on Page: 1. Employee Benefit Liability Coverage.................................................................................................. 2 2. Unintentional Failure to Disclose Hazards.......................................................................................... 7 3. Damage to Premises Rented to You................................................................................................... 8 4. Supplementary Payments.................................................................................................................. 9 5. Medical Payments................................................................................................................................ 9 6. Voluntary Property Damage (Coverage a.) and Care, Custody or Control LiabilityCoverage (Coverage b.)......................................................................................................... 9 7. 180 Day Coverage for Newly Formed or Acquired Organizations..................................................10 8. Waiver of Subrogation ................................................ .......................................................................10 9. Automatic Additional Insured - Specified Relationships:................................................................10 • Managers or Lessors of Premises; • Lessor of Leased Equipment; • Vendors; • State or Political Subdivisions - Permits Relating to Premises; • State or Political Subdivisions - Permits; and • Contractors' Operations 10. Broadened Contractual Liability- Work Within 50' of Railroad Property ......................................... 14 11. Property Damage to Borrowed Equipment....................................................................................... 14 12. Employees as Insureds - Specified Health Care Services: ............................................................ 14 • Nurses; • Emergency Medical Technicians; and • Paramedics 13. Broadened Notice of Occurrence...................................................................................................... 14 B. Limits of Insurance: The Commercial General Liability Limits of Insurance apply to the insurance provided by This endorse- ment, except as provided below: 1. Employee Benefit Liability Coverage Each Employee Limit: $ 1,000,000 Aggregate Limit: $ 3,000,000 Deductible: $ 1,000 3. Damage to Premises Rented to You The lesser of: a. The Each Occurrence Limit shown in the Declarations; or b. $500,000 unless otherwise stated $ 4. Supplementary Payments a. Bail bonds: $ 1,000 b. Loss of earnings: $ 350 5. Medical Payments Medical Expense Limit: $ 10,000 Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 1 of 15 6. Voluntary Property Damage (Coverage a.) and Care, Custody or Control Liability Coverage (Coverage b.) Limits of Insurance (Each Occurrence) Coverage a. $1,000 Coverage b. $5,000 unless otherwise stated Deductibles (Each Occurrence) Coverage a. $250 Coverage b. $250 unless otherwise stated COVERAGE PREMIUM BASIS RATE ADVANCE PREMIUM 1. Employee Benefit Liability Coverage (a) Area (b) Payroll (For Limits in Excess of (For Limits in Excess of - COVERAGES: Employee Benefit (c) Gross Sales $5,000) $5,000) (1) Insuring Agreement (d) Units acts or services is covered (a) We will pay those sums that e Other the insured becomes legally under Supplementary Pay - b. Care, Custody ments, ages caused by any act, er- ror or omission of the in- $ or Control damages only if the act, er- son for whose acts the in- ror or omission, is negli- TOTAL ANNUAL PREMIUM $ 11. Property Damage to Borrowed Equipment Eaci Occurrence Limit: $ 10,000 Deductible: $ 250 C. Coverages: have used up the ap- 1. Employee Benefit Liability Coverage plicable limit of insur- ance in the payment of a. The following is added to SECTION I judgments or settle- - COVERAGES: Employee Benefit ments. Liability Coverage. No other obligation or liabil- (1) Insuring Agreement ity to pay sums or perform acts or services is covered (a) We will pay those sums that unless explicitly provided for the insured becomes legally under Supplementary Pay - obligated to pay as dam- ments, ages caused by any act, er- ror or omission of the in- (b) This insurance applies to sured, or of any other per- damages only if the act, er- son for whose acts the in- ror or omission, is negli- sured is legally liable, to gently committed in the which this insurance ap- administration' of your 11 plies. We will have the right employee benefit pro - and duty to defend the in- gram'; and sured against any "suit" 1) Occurs during the pol- seeking those damages. icy period; or However, we will have no duty to defend against any 2) Occurred prior to the "suit" seeking damages to effective date of this which this insurance does endorsement provided: not apply. We may, at our discretion, investigate any a) You did not have report of an act, error or knowledge of a omission and settle any claim or suit on claim or "suit" that may re- or before the ef- sult. But: fective date of this endorsement. 1) The amount we will pay for damages is limited Ynr, will ha as described in SEC- deemed to have TION III - LIMITS OF knowledge of a INSURANCE; and claim or "suit" when any 2) Our right and duty to "authorized repre- defend ends when we sentative"; Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 2 of 15 Damages arising out of fail- 1) Reports all, or formance of investment Taxes, fines or penalties, any part, of the vehicles; or (d) Insufficiency of Funds act, error or omission to us 3) Advice given to any Code or any similar state or or any other person with respect to insufficiency of funds to meet any obligations under insurer; that person's decision Practices employee benefit pro- to participate or not to gram". ii) Receives a participate in any plan (1) Refusal to employ; written or ver- included in the "em- vice Given With Respect bal demand or ployee benefit pro- ployment; claim for dam- gram". 1 Failure of an invest- ) Y ages because of the act, er- (f) Workers' Compensation mation, harassment, ror or omis- and Similar Laws formation on past per- sion; and Any claim arising out of b) There is no other your failure to comply with applicable insur- the mandatory provisions of ance, any workers' compensation, unemployment compensa- (2) Exclusions tion insurance, social secu- rity or disability benefits law This insurance does not apply or any similar law. to: (g) ERISA (a) Bodily Injury, Property Damage or Personal and Damages for which any in - Advertising Injury sured is liable because of liability imposed on a fiduci- "Bodil injury", "property Y 1 rY p p Y ary by the Employee Re - damage" or "personal and tirement Income Security advertising injury". Act of 1974, as now or (b) Dishonest, Fraudulent, hereafter amended, or by Criminal or Malicious Act any similar federal, state or local laws. Damages arising out of any intentional, dishonest, (h} Available Benefits fraudulent, criminal or mali- Any claim for benefits to the cious act, error or omission, extent that such benefits committed by any insured, are available, with reason - including the willful or reck- able effort and cooperation less violation of any statute, of the insured, from the ap- (c) Failure to Perform a Con- plicable funds accrued or tract other collectible insurance. Damages arising out of fail- (i) Taxes, Fines or Penalties ure of performance of con- Taxes, fines or penalties, tract by any insurer, including those imposed (d) Insufficiency of Funds under the Internal Revenue Code or any similar state or Damages arising out of an local law. insufficiency of funds to meet any obligations under {j) Employment -Related any plan included in the Practices employee benefit pro- Any liability arising out of gram". any: (e) Inadequacy of Perform- (1) Refusal to employ; ance of Investment / Ad- vice Given With Respect (2) Termination of em - to Participation ployment; Any claim based upon: (3) Coercion, demotion, 1 Failure of an invest- ) Y evaluation; reassign- ment, discipline, defa- ment to perform; mation, harassment, 2) Errors In providing in- humiliation, discrimina- formation on past per- tion or other employ - Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 3 of 15 ment-related practices, (e) A trust, you are an insured. acts or omissions; or Your trustees are also in- (4) Consequential liability sureds, but only with re - spect to their duties as as a result of (1), (2) or trustees. (3) above. This exclusion applies (2) Each of the following is also an insured: whether the insured may be held liable as an employer (a) Each of your "employees" or in any other capacity and who is or was authorized to to any obligation to share administer your "employee damages with or repay benefit program". someone else who must pay damages because of g nizations (b) Any persons, organizations the injury. or "employees" having proper temporary authori- (3) Supplementary Payments zation to administer your SECTION I - COVERAGES, "employee benefit program" if you die, but only until your SUPPLEMENTARY PAY legal representative is ap- MENTS - COVERAGES A AND pointed. B also apply to this Coverage. b. Who is an Insured (c) Your legal representative if you die, but only with re - As respects Employee Benefit Liabil- spect to duties as such. ity Coverage, SECTION 11 - WHO IS That representative will AN INSURED is deleted in its en- have all your rights and du- tirety and replaced by the following: ties under this Coverage Part. (1) If you are designated in the Declarations as: () 3 An organization you newlyac- or quire form, othr than a art - (a) An individual, you and your nership, joint venture or limited spouse are insureds, but liability company, and over only with respect to the which you maintain ownership conduct of a business of or majority interest, will qualify which you are the sole as a Named Insured if no other owner. similar insurance applies to that (b) A partnership or joint ven- organization. However, cover - age under this provision: ture, you are an insured. Your members, your part- (a) Is afforded only until the ners, and their spouses are 180th day after you acquire also insureds but only with or form the organization or respect to the conduct of the end of the policy period, your business. whichever is earlier; and (c) A limited liability company, (b) Does not apply to any act, you are an insured. Your error or omission that was members are also insureds, committed before you ac - but only with respect to the quired or formed the or - conduct of your business. ganization. Your managers are in- sureds, but only with re- spect to their duties as your As respects Employee Benefit Liabil- managers. ity Coverage, SECTION III - LIMITS (d) An organization other than OF INSURANCE is deleted in its en - a partnership, joint venture tirety and replaced by the following: or limited liability company, (1) The Limits of Insurance shown you are an insured. Your in Section B. Limits of Insur- "executive officers" and di- ance, 1. Employee Benefit Li - rectors are insureds, but only with respect to their ability Coverage and the rules duties as your officers or di- below fix the most we will pay regardless of the number of: rectors. Your stockholders are also insureds, but only (a) Insureds; with respect to their liability as stockholders. Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 4 of 15 Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 5 of 15 (b) Claims made or "suits" (b) The deductible amount brought; stated in the Declarations (c) Persons or organizations applies to all damages sustained by any one "em - making claims or bringing ployee", including such suits"; "employee's" dependents (d) Acts, errors or omissions; or and beneficiaries, because of all acts, errors or omis- (e) Benefits included in your sions to which this insur- "employee benefit pro- ance applies. gram". (c) The terms of this insurance, (2) The Aggregate Limit shown in including those with respect Section B. Limits of Insurance, to: 1. Employee Benefit Liability Coverage of this endorsement 1 ) Our 9 ht and duty to right is the most we will pay for all defend the Insured damages because of acts, er- against any "suits" rors or omissions negligently seeking those dam - committed in the "administra- ages; and tion" of your "employee benefit 2) Your duties, and the program". duties of any other in - (3) Subject to the limit described in volved insured, in the (2) above, the Each Employee event of an act, error or Limit shown in Section B. Limits omission, or claim, of Insurance, 1. Employee apply irrespective of the Benefit Liability Coverage of application of the deductible this endorsement is the most we amount. will pay for all damages sus- tained by any one "employee", (d) We may pay any part or all including damages sustained by of the deductible amount to such "employee's" dependents effect settlement of any and beneficiaries, as a result of: claim or "suit" and, upon (a) An act, error or omission; or notification of the actiontaken, you shall promptly (b) A series of related acts, er- reimburse us for such part rors or omissions, regard- of the deductible amount as less of the amount of time we have paid. that lapses between such d. Additional Conditions acts, errors or omissions, negligently committed in the 'administration" As respects Employee Benefit Li - ability Coverage, SECTION IV - of your "em- COMMERCIAL GENERAL LIABIL- ployee benefit program". ITY CONDITIONS is amended as However, the amount paid un- follows: der this endorsement shall not (1) Item 2. Duties in the Event of exceed, and will be subject to Occurrence, Offense, Claim or the limits and restrictions that Suit is deleted in its entirety and apply to the payment of benefits replaced by the following: in any plan included in the "em- ployee benefit program". 2. Duties in the Event of an Act, Error or (4) Deductible Amount Omission, or Claim or Suit (a) Our obligation to pay dam- a. You must see to it that we are noti- fied as soon as practicable of an act, ages on behalf of the in- error or omission which may result in sured applies only to the a claim. To the extent possible, no - amount of damages in ex- tice should include: cess of the deductible amount stated in the Decla- (1) What the act, error or omission rations as applicable to was and when it occurred; and Each Employee. The limits of insurance shall not be (2) The names and addresses of reduced by the amount of anyone who may suffer dam - this deductible, ages as a result of the act, error or omission. Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 5 of 15 b. If a claim is made or "suit" is brought against any insured, you must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You must see to it that we receive written notice of the claim or "suit" as soon as practicable. c. You and any other involved insured must: (1) Immediately send us copies of any demands, notices, sum- monses or legal papers re- ceived in connection with the claim or "suit"; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investi- gation or settlement of the claim or defense against the "suit'; and (4) Assist us, upon our request, in the enforcement of any right against any person or organiza- tion which may be liable to the insured because of an act, error or omission to which this insur- ance may also apply. d. No insured will, except at that in- sured's own cost, voluntarily make a payment, assume any obligation, or incur any expense without our con- sent. (2) Item 5. Other Insurance is de- leted in its entirety and replaced by the following: 5. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is pri- mary except when c. below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in b. below. b. Method of Sharing If all of the other insur- ance permits contribu- tion by equal shares, we will follow this method also. Under this approach each in- surer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other in- surance does not per- mit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of in- surance to the total ap- plicable limits of insur- ance of all insurers. c. No Coverage This insurance shall not cover any loss for which the insured is entitled to recovery un- der any other insur- ance in force previous to the effective date of this Coverage Part. e. Additional Definitions As respects Employee Benefit Li- ability Coverage, SECTION V - DEFINITIONS is amended as fol- lows: (1) The following definitions are added: 1. "Administration" means: a. Providing information to "employees", including their dependents and beneficiaries, with re- spect to eligibility for or scope of "employee benefit programs"; b. Interpreting the "em- ployee benefit pro- grams"; c. Handling records in connection with the "employee benefit pro- grams"; or d. Effecting, continuing or terminating any "em- ployee's" participation Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 6 of 15 GA 233 02 07 in any benefit included benefits, workers' com- in the "employee bene- pensation and disability fit program". benefits; and However, "administration" d. Vacation plans, includ- does not include: ing buy and sell pro - a. Handling payroll de- grams; leave of ab - sence programs, in- cluding military, mater - b. The failure to effect or nity, family, and civil maintain any insurance leave; tuition assis- or adequate limits of tance plans; transpor- coverage of insurance, tation and health club including but not limited subsidies, to unemployment in- (2) The following definitions are surance, social security deleted in their entirety and re - benefits, workers' com- placed by the following: pensation and disability benefits. 21. "Suit" means a civil pro- 2. "Cafeteria plans" means ceediwhich damag s I because of nan plan authorized by applica- act, error or omission to ble law to allow employ- which this insurance applies ees" to elect to pay for cer- are alleged. "Suit" includes: tain benefits with pre-tax dollars. a. An arbitration pro- 3. "Employee benefit pro- ceedinsuch damagesn ehl claimed grams" means a program and to which the in - providing some or all of the sured must submit or following benefits to "em- does submit with our ployees", whether provided consent; through a cafeteria plan or otherwise: b. Any other alternative a. Group life insurance; dispute resolution pro- ceeding in which such group accident or health insurance; den- damages are claimed tal, vision and hearing and to which the In- sured submits with our plans; and flexible consent; or spending accounts; provided that no one c. An appeal of a civil other than an "em- proceeding. ployee" may subscribe to such benefits and 8. "Employee" means a per - such benefits are made son actively employed, for - generally available to merly employed, on leave those "employees" who of absence or disabled, or satisfy the plan's eligF retired. "Employee" in- bility requirements; cludes a "leased worker". "Employee" does not in - b. Profit sharing plans, clude a "temporary worker". employee savings plans, employee stock 2. Unintentional Failure to Disclose Haz- ownership plans, pen- ards sion plans and stock subscription plans, SECTION IV - COMMERCIAL GENERAL provided that no one LIABILITY CONDITIONS, 7. Represen- other than an em- tations is hereby amended by the addi- ployee" may subscribe tion of the following: to such benefits and Based on our dependence upon your such benefits are made representations as to existing hazards, if generally available to unintentionally you should fail to disclose all "employees" who all such hazards at the inception date of are eligible under the your policy, we will not reject coverage plan for such benefits; under this Coverage Part based solely on c. Unemployment insur- such failure. ance, social security Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 15 3. Damage to Premises Rented to You e) Settling, cracking, a. The last Subparagraph of Paragraph shrinking or ex - 2. SECTION I - COVERAGES, pansion; or COVERAGE A. - BODILY INJURY f) Nesting or infesta- AND PROPERTY DAMAGE, 2. LI- tion, or discharge ABILITY Exclusions is hereby de- or release of leted and replaced by the following: waste products or Exclusions c, through q. do not apply secretions, by in - sects, birds, ro- to damage by fire, explosion, light- dents or other ning, smoke or soot to premises animals. while rented to you or temporarily occupied by you with permission of (b) Loss caused directly or indi- the owner, rectly by any of the follow- ollowb. b.The insurance provided under SEC- ing: TION I - COVERAGES, COVERAGE 1) Earthquake, volcanic A. BODILY INJURY AND PROP- eruption, landslide or ERTY DAMAGE LIABILITY applies any other earth move - to "property damage" arising out of ment; water damage to premises that are both rented to and occupied by you. 2) Water that backs up or overflows from a (1) As respects Water Damage Le- sewer, drain or sump; gal Liability, as provided in Paragraph 3.b, above: 3 ) Water under the ground surface press - The exclusions under SECTION ing on, or flowing or I- COVERAGES, COVERAGE seeping through: A. BODILY INJURY AND PROPERTY DAMAGE LIABIL- a) Foundations, ITY, 2. Exclusions, other than i, walls, floors or War and the Nuclear Energy paved surfaces; Liability Exclusion, are deleted b) Basements, and the following are added: whether paved or This Insurance does not apply not; or to: c) Doors, windows or (a) "Property damage": other openings. 1) Assumed in any con- (c) Loss caused by or resulting tract; or from water that leaks or flows from plumbing, heat - 2) Loss caused by or re- ing, air conditioning, or fire sulting from any of the protection systems caused following: by or resulting from freez- a) Wear and tear; ing, unless: b) Rust, corrosion, 1) You did your best to maintain heat in the fungus, decay, building or structure; or deterioration, hid- den or latent de- 2) You drained the fect or any quality equipment and shut off in property that the water supply if the causes it to dam- heat was not main - age or destroy it- tained. self; (d) Loss to or damage to: C) Smog; 1) Plumbing, heating, air d) Mechanical conditioning, fire pro - breakdown in- tection systems, or cluding rupture or other equipment or ap- bursting caused pliances; or by centrifugal force; 2) The interior of any building or structure, or to personal property in the building or structure Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 8 of 15 caused by or resulting from rain, snow, sleet or ice, whether driven by wind or not. c. Limit of Insurance The Damage to Premises Rented to You Limit as shown in the Declara- tions is amended as follows: (2) Paragraph 6, of SECTION III - LIMITS OF INSURANCE is hereby deleted and replaced by the following: 6. Subject to 5. above, the Damage to Premises Rented to You Limit is the most we will pay under COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, for damages because of "property damage" to premises while rented to you or temporarily occupied by you with permission of the owner, arising out of any one "occurrence" to which this insurance ap- plies. (3) The amount we will pay is lim- ited as described in Section B. Limits of Insurance, 3. Dam- age to Premises Rented to You of this endorsement. 4. Supplementary Payments Under SECTION I - COVERAGE, SUP- PLEMENTARY PAYMENTS - COVER- AGES A AND B: a. Paragraph 2. is replaced by the fol- lowing: Up to the limit shown in Section B. Limits of Insurance, 4.a. Bail Bonds of this endorsement for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage ap- plies. We do not have to furnish these bonds. b. Paragraph 4. is replaced by the fol- lowing: All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to the limit shown in Section B. Limits of Insurance, 4.b. Loss of Earnings of this en- dorsement per day because of time off from work. 5. Medical Payments The Medical Expense Limit of Any One Person as stated in the Declarations is amended to the limit shown in Section B. Limits of Insurance, 5. Medical Pay- ments of this endorsement. 6. Voluntary Property Damage and Care, Custody or Control Liability Coverage a. Voluntary Property Damage Cov- erage We will pay for "property damage" to property of others arising out of op- erations incidental to the insured's business when: (1) Damage is caused by the in- sured; or (2) Damage occurs while in the in- sured's possession. With your consent, we will make these payments regardless of fault. b. Care, Custody or Control Liability Coverage SECTION I - COVERAGES, COV- ERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions, j. Damage to Property, Subparagraphs (3), (4) and (5) do not apply to "property damage" to the property of others described therein. With respect to the insurance provided by this section of the endorsement, the fol- lowing additional provisions apply: a. The Limits of Insurance shown in the Declarations are replaced by the lim- its designated in Section B. Limits of Insurance, 6. Voluntary Property Damage and Care, Custody or Control Liability Coverage of this endorsement with respect to cover- age provided by this endorsement. These limits are inclusive of and not in addition to the limits being re- placed. The Limits of Insurance shown in Section B. Limits of Insur- ance, 6. Voluntary Property Dam- age and Care, Custody or Control Liability Coverage of this endorse- ment fix the most we will pay in any one "occurrence" regardless of the number of: (1) Insureds; (2) Claims made or "sults" brought; or (3) Persons or organizations mak- ing claims or bringing "suits". Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 9 of 15 b. Deductible Clause (1) Our obligation to pay damages on your behalf applies only to the amount of damages for each "occurrence" which are in ex- cess of the deductible amount stated in Section B. Limits of Insurance, 6. Voluntary Prop- erty Damage and Care, Cus- tody or Control Liability Cov- erage of this endorsement. The limits of insurance will not be re- duced by the application of such deductible amount. (2) Condition 2. Duties in the Event of Occurrence, Offense, Claim or Suit, applies to each claim or "suit" irrespective of the amount. (3) We may pay any part or all of the deductible amount to effect settlement of any claim or "suit' and, upon notification of the ac- tion taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. 7. 180 Day Coverage for Newly Formed or Acquired Organizations SECTION II - WHO IS AN INSURED is amended as follows: Subparagraph a, of Paragraph 4. is hereby deleted and replaced by the fol- lowi-1g: a. Insurance under this provision is af- forded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; 8. Waiver of Subrogation SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, 9. Transfer of Rights of Recovery Against Others to Us is hereby amended by the addition of the following: We waive any right of recovery we may have because of payments we make for injury or damage arising out of your on- going operations or "your work" done un- der a written contract requiring such waiver with that person or organization and included in the "products -completed operations hazard". However, our rights may only be waived prior to the 'occur- rence" giving rise to the injury or damage for which we make payment under this Coverage Part. The insured must do nothing after a loss to impair our rights. At our request, the insured will bring "suit' or transfer those rights to us and help us enforce those rights. 9. Automatic Additional Insured - Speci- fied Relationships a. The following is hereby added to SECTION II -WHO IS AN INSURED: (1) Any person or organization de- scribed in Paragraph 9,a.(2) below (hereinafter referred to as additional insured) whom you are required to add as an addi- tional insured under this Cover- age Part by reason of: (a) A written contract or agreement; or (b) An oral agreement or con- tract where a certificate of insurance showing thal per- son or organization as an additional insured has been issued, is an insured, provided: (a) The written or oral contract or agreement is: 1) Currently in effect or becomes effective during the policy pe- riod; and 2) Executed prior to an "occurrence" or offense to which this insurance would apply: and (b) They are not specifically named as an additional in- sured under any other pro- vision of, or endorsement added to, this Coverage Part. (2) Only the following persons or organizations are additional in- sureds under this endorsement, and insurance coverage pro- vided to such additional in- sureds is limited as provided herein: (a) The manager or lessor of a premises leased to you with whom you have agreed per Paragraph 9.a.(1) above to provide insurance, but only with respect to liability aris- ing out of the ownership, maintenance or use of that part of a premises leased to you, subject to the following additional exclusions: This insurance does not apply to: 1) Any 'occurrence" which takes place after Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 10 of 15 you cease to be a ten- c) Any physical or ant in that premises, chemical change 2) Structural alterations, in the product made intentionally new construction or by the vendor; demolition operations performed by or on be- d) Repackaging, un- half of such additional less unpacked insured. solely for the pur- (b) Any p g pose of inspection. demonstration, from which you lease testing, or the equipment with whom you substitution of have agreed per Paragraph parts under in- 9.a.(1) above to provide in- structions from the surance. Such person(s) or manufacturer, and organization(s) are insureds then repackaged solely with respect to their in the original liability arising out of the container; maintenance, operation or use by you of equipment e) Any failure to leased to you by such per- make such in- son(s) or organizations(s). spections, adjust- However, this insurance ments, tests or does not apply to any "oc- servicing as the currence" which takes place vendor has after the equipment lease agreed to make or expires. normally under- (c) Any person or organization takes to make in the usual course (referred to below as ven- of business, in dor) with whom you have connection with agreed per Paragraph the distribution or 9,a.(1) above to provide in- sale of the prod- surance, but only with re- ucts• ' spect to "bodily injury" or "prapeity damage" arising Q Demonstration, in- out of "your products" which stallation, servic- are distributed or sold in the ing or repair op- regular course of the ven- erations, except dor's business, subject to such operations the following additional ex- performed at the clusions: vendor's premises 1) The insurance afforded in connection with the sale of the the vendor does not product; apply to: a) "Bodily injury" or g) Products which, after distribution or "property damage" sale by you, have for which the ven- been labeled or dor is obligated to relabeled or used pay damages by as a container, reason of the as- part or ingredient sumption of liabil- of any other thing ity in a contract or or substance by or agreement. This for the vendor. exclusion does not apply to liability for 2) This insurance does damages that the not apply to any in- vendor would sured person or or- have in the ab- ganization: sence of the con- tract or agree- a) From whom you ment; have acquired such products, or b) Any express war- any ingredient, ranty unauthorized part or container, by you; entering into, ac - Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 11 of 15 companying or 2) This insurance does containing such not apply to "bodily in - products; or jury", "property dam- b) When liability in- age" or "personal and advertising injury" aris- cluded within the "products- Ing out of operations performed for the state completed opera- or political subdivision. tions hazard" has been excluded (f) Any person or organization under this Cover- with which you have agreed age Part with re- per Paragraph 9,a.(1) spect to such above to provide insurance, products, but only with respect to li- (d) Any state or political subdi- ability arising out of 'your work" performed for that vision with which you have additional insured by you or agreed per Paragraph on your behalf. A person or 9.a.(1) above to provide in- organization's status as an surance, subject to the fol- insured under this provision lowing additional provision: of this endorsement contin- This insurance applies only ues for only the period of with respect to the following time required by the written hazards for which the state contract or agreement, but or political subdivision has in no event beyond the ex - issued a permit in connec- piration date of this Cover - tion with premises you own, age Part. If there is no rent or control and to which written contract or agree - this insurance applies: ment, or if no period of time is required by the written 1) The existence, mainte- contract or agreement, a nance, repair, con- person or organization's struction, erection, or status as an insured under removal of advertising this endorsement ends signs, awnings, cano- when your operations for pies, cellar entrances, that insured are completed. coal holes, driveways, manholes, marquees, 3 An insurance provided to an () y hoist away openings, additional insured designated sidewalk vaults, street under Paragraph 9.a.(2): banners, or decora- (a) Subparagraphs (e) and (f) tions and similar expo- does not apply to "bodily sures; or injury" or "property damage" 2) The construction, erec- included within the "prod - tion, or removal of ele- ucts-completed operations vators; or hazard'; 3) The ownership, main- (b) Subparagraphs (a), (b), (d), tenance, or use of any (e) and (f) does not apply to elevators covered by "bodily injury", "property this insurance. damage" or "personal and advertising injury" arising (e) Any state or political subdi- out of the sole negligence vision with which you have or willful misconduct of the agreed per Paragraph additional insured or their 9.a.(1) above to provide in- agents, "employees" or any surance, subject to the fol- other representative of the lowing provisions: additional insured; or 1) This insurance applies (c) Subparagraph (1 does not only with respect to op- apply to "bodily injury", erations performed by "property damage" or "per - you or on your behalf sonal and advertising injury" for which the state or arising out of: political subdivision has 1 n fur - issued a permit. ) Defects in design Wished by or on behalf Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 12 of 15 of the additional in- spects any other insurance sured; or policy issued to the addi- 2) The rendering of, or tional insured, and such other insurance policy shall failure to render, any be excess and / or noncon- professional architec- tributing, whichever applies, tural, engineering or with this insurance. surveying services, in- dorsement to another cluding: (b) Any insurance provided by a) The preparing, this endorsement shall be primary to other insurance approving or fail- available to the additional Ing to prepare or insured except: approve maps, under this endorse - shop drawings, 1) As otherwise provided opinions, reports, in SECTION IV - surveys, field or- COMMERCIAL GEN- ders, change or- ERAL LIABILITY ders or drawings CONDITIONS, 5. Other and specifications; Insurance, b. Excess and Insurance; or b) Supervisory, in- 2) For any other valid and spection, archi- collectible insurance tectural or engi- available to the addi- neering activities. tional insured as an "Your additional insured by 3) work" for which a attachment of an en - consolidated (wrap-up) dorsement to another insurance program has insurance policy that is been provided by the written on an excess primecontractor-project basis. In such case, manager or owner of the coverage provided the construction project under this endorse - in which you are in- ment shall also be ex - volved. cess. b. Only with regard to insurance pro- (2) Condition 11. Conformance to vided to an additional insured desig- Specific Written Contract or nated under Paragraph 9.a.(2) Sub- Agreement is hereby added: paragraph (f) above, SECTION III - LIMITS OF INSURANCE is amended 11. Conformance to Specific to include: Written Contract or The limits applicable to the additional Agreement insured are those specified in the With respect to additional written contract or agreement or in insureds described in Para - the Declarations of this Coverage graph 9.a.(2)(f) above only: Part, whichever are less. If no limits are specified in the written contract If a written contract or or agreement, or if there is no written agreement between you contract or agreement, the limits ap- and the additional insured plicable to the additional insured are specifies that coverage for those specified in the Declarations of the additional insured: this Coverage Part. The limits of in- a. Be provided by the In- surance are inclusive of and not in surance Services Of - addition to the limits of insurance fice additional insured shown in the Declarations, form number CG 20 10 c. SECTION IV - COMMERCIAL GEN- or CG 20 37 (where ERAL LIABILITY CONDITIONS is edition specified); or hereby amended as follows: b. Include coverage for (1) Condition 5- Other Insurance is completed operations; amended to include: or (a) Where required by a written c. Include coverage for contract or agreement, this "your work'; insurance is primary and / and where the limits or cov- or noncontributory as re- erage provided to the add! - Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 13 of 15 tional insured is more re- strictive than was specifi- cally required in that written contract or agreement, the terms of Paragraphs 9.a.(3)(a), 9.a.(3)(b) or 9.b. above, or any combination thereof, shall be interpreted as providing the limits or coverage required by the terms of the written contract or agreement, but only to the extent that such limits or coverage is included within the terms of the Coverage Part to which this endorse- ment is attached. If, how- ever, the written contract or agreement specifies the In- surance Services Office additional insured form number CG 20 10 but does not specify which edition, or specifies an edition that does not exist, Paragraphs 9.a.(3)(a) and 9.a.(3)(b) of this endorsement shall not apply and Paragraph 9.b. of this endorsement shall ap- ply. 10. Broadened Contractual Liability- Work Within 50' of Railroad Property It is hereby agreed that Paragraph f.(1) of Definition 12. "Insured contract" (SEC- TION V - DEFINITIONS) is deleted. 11. Property Damage to Borrowed Equip- ment a. The following is hereby added to Ex- clusion J. Damage to Property of Paragraph 2., Exclusions of SEG- TION EGTION 1 - COVERAGES, COVERAGE A. BODILY INJURY AND PROP- ERTY DAMAGE LIABILITY: Paragraphs (3) and (4) of this exclu- sion do not apply to tools or equip- ment loaned to you, provided they are not being used to perform opera- tions at the time of loss. b. With respect to the insurance pro- vided by this section of the en- dorsement, the following additional provisions apply: (1) The Limits of insurance shown in the Declarations are replaced by the limits designated in Sec- tion B. Limits of Insurance, 11. of this endorsement with respect to coverage provided by this endorsement. These limits are inclusive of and not in addition to the limits being replaced. The Limits of Insurance shown in Section B. Limits of Insurance, 11, of this endorsement fix the most we will pay in any one "oo- currence" regardless of the number of: (a) Insureds; (b) Claims made or "suits" brought; or (c) Persons or organizations making claims or bring "suits". (2) Deductible Clause (a) Our obligation to pay dam- ages on your behalf applies only to the amount of dam- ages for each "occurrence" which are in excess of the Deductible amount stated in Section B. Limits of Insur- ance, 11. of this endorse- ment. The limits of insur- ance will not be reduced by the application of such De- ductible amount. (b) Condition 2. Duties in the Event of Occurrence, Of- fense, Claim or Suit, ap- plies to each claim or "suit" irrespective of the amount. (c) We may pay any part or all of the deductible amount to effect scttlemont of any claim or "suit" and, upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. 12. Employees as Insureds - Specified Health Care Services It is hereby agreed that Paragraph 2.a.(1)(d) of SECTION it - WHO IS AN INSURED, does not apply to your "em- ployees" who provide professional health care services on your behalf as duly li- censed: a. Nurses; b. Emergency Medical Technicians; or c. Paramedics, in the jurisdiction where an "occurrence" or offense to which this insurance applies takes place. 13. Broadened Notice of Occurrence Paragraph a. of Condition 2. Duties In the Event of Occurrence, Offense, Claim or Suit (SECTION IV - COMMER- CIAL GENERAL LIABILITY CONDI- Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 14 of 15 TIONS) is hereby deleted and replaced by the following: a. You must see to it that we are noti- fied as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, notice should include: (1) How, when and where the 'oc- currence" or offense took place; (2) The names and addresses of any injured persons and wit- nesses; and (3) The nature and location of any injury or damage arising out of the 'occurrence" or offense. This requirement applies only when the 'occurrence" or offense is known to an "authorized representative". Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 15 of 15 TRAVELERS J WORKERS COMPENSATION AND ONE TOWER SQUARE C HARTFORD, CT 06183 EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 00 03 13 (00)-06 POLICY NUMBER: (IDTCOUB-1 757X25-2-1 5 ) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. SCHEDULE DESIGNATED PERSON: DESIGNATED ORGANIZATION: ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. DATE OF ISSUE: 11 -21 -14 ST ASSIGN: 357294 City Of Meridian Detailed Statement of Revenues and Expenditures - Rev and Exp Report - Keith - Unposted Transactions Included In Report 3590 - WWTP Construction Projects 60 - Enterprise Fund From 10/1/2014 Through 9/30/2015 Date: 5/6/15 09:37:18 AM Page: 1 Percent of Budget with Current Year Budget Budget Amendments Actual Remaining Remaining Capital Outlay 94300 Capital - Electronics 0000 NON -DEPARTMENTAL 0.00 123.43 (123.43) 0.00% 10521 WWTP PLC Replacements 733,920.04 0.00 733,920.04 100.00% 10521.a WWTP Aeration PLC 0.00 237,352.00 (237,352.00) 0.00% Replacements 1052... WWTP Aeration PLC 66,080.00 66,080.00 0.00 0.00% Replacements - in conjunction with 10162.j 10521.b WWTP Plantwide PLC 0.00 8,420.00 (8,420.00) 0.00% Replacements Total Capital Outlay 800,000.04 311,975.43 488,024.61 61.00% TOTAL EXPENDITURES 800,000.04 311,975.43 488,024.61 61.00% Date: 5/6/15 09:37:18 AM Page: 1 clrNL1Af%JI Home I Setup an Account I Log In COniraCtorl V Username Password LOGIN ❑ REMEMBER ME Forgot Password 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 SD Search Again Download Results Printable View nc. PWC -C-,02500 4 AA Wyoming Wood Electric, lFloors, LLC 1011544 11544 1020790, 06100, 03300, 03900, 03600, 06200, 09600 1 4 I D First '.Prev Page: 1 of 1 Next Last Details - License Number: PWC -C-11544 Lie Info Registration #: PWC -C-11544 Issue: 10/1/2014 Expire: 9/30/2015 Type: PUBLIC WORKS Sub -Type: AA Status: ACTIVE Company: A.M.E. Electric, Inc. Phone: (208) 459-8959 Cell: (208) 965-5115 Pager: Fax: (208) 459-2243 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 St, Suite 150 Meridian ID 83642 HOME I CONTACT https://web.dbs.idaho.gov/eTRAKiT3/Custom/Idaho PublicWorksSearchRslts.aspx 5/6/2015 i"3va viewing nusmess r-nury IDAHO SECRETARY OF STATE Viewing Business Entity Yage 1 of 2 Lawerence Denney, Secretary of State [ New Search ] [ Back to Summary ] [ Get a certificate of existence for A.M.E. ELECTRIC, INC ] [ Monitor A.M.E. ELECTRIC, INC. business filings ] A.M.E. ELECTRIC, INC. 3621 ARTHUR ST CALDWELL, ID 83605 Type of Business: CORPORATION, GENERAL BUSINESS Status: GOODSTANDING 25 Mar 1988 State of Origin: IDAHO Date of 25 Mar 1988 Origination/Authorization: Current Registered Agent: JAMIE WINTERS 3621 ARTHUR STREET CALDWELL, ID 83605 Organizational ID / Filing C86242 Number: Number of Authorized Stock 10000 Shares: Date of Last Annual Report: 16 Jan 2015 Annual Report Due: Mar 2016 Original Filing: Filed 25 Mar 1988 INCORPORATION Annual Reports: Report for year 2015 ANNUAL REPORT Report for year 2014 ANNUAL REPORT Report for year 2013 ANNUAL REPORT Report for year 2012 ANNUAL REPORT [ Help Me Print/View TIFF ] View Image (PDF format) View Image (TIFF format] [ Help Me Print/View TIFF ] View Document Online View Document Online View Document Online View Document Online 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 View Image (PDF format) View Image (TIFF format View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Image (TIFF format) Report for year 2008 ANNUAL REPORT Report for year 2007 ANNUAL REPORT Report for year 2006 ANNUAL REPORT http://www.accessidaho.org/public/sos/corp/C86242.html 5/6/2015 Meridian City Council Meeting DATE: May 12, 2015 ITEM NUMBER: 5O PROJECT NUMBER: ITEM TITLE: Approval of Award of Bid and Agreement to Owyhee Construction Inc for the Water Line Replacement - E. Loch Meadow and N. Laughridge to End Construction Project for the Not -to -Exceed amount of $115,069.00 MEETING NOTES rte✓ APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Memo To: Jaycee L. Holman, City Clerk, From: Kathy Wanner, Buyer CC: Jacy Jones, Dean Stacey Date: 5/6/2015 Re: May 12th City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the May 12th City Council Consent Agenda for Council's consideration. Approval of Award of Bid and Agreement to OWYHEE CONSTRUCTION for the "WATER LINE REPLACEMENT — LOCH MEADOW AND LAUGHRIDGE" project for a Not -To -Exceed amount of $115,069.40. Recommended Council Action: Award of Bid and Approval of Agreement to OWYHEE CONSTRUCTION for the Not -To -Exceed amount of $115,069.40. Thank you for your consideration. • Page 1 0 c� N r O N VLL F) — J U) cc L M R* O T- 13 C ME O d o 0 0LnLn0C o 0 0 0 U M � (p CO N N CO N (O f" Ci M N N N "' d w In M 0 N r d Lf) CO (o CO r 69 r r— ffl 64 r 6% 6% r 69 N 6% N 69 x x x x x x Il x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x O U N O .0 (ti a) C O _O ` U i W.2 O O + 42) j C O` C o C _fl_ 0 �o m aa) c o N o OI=`cjQU¢dcn L C C t Y .Q ami C d Q. a CITY OF MERIDIAN CONTRACT/AGENDA REQUEST CHECKLIST Date: 4/9/2015 REQUESTING DEPARTMENT Public Works Fund: 60 Department: 3490 GL Account: 95000 Project # 10443 Construction: x PSA: Task Order: Project Name: Waterline Replacement - E Loch Meadows and N Laughridge Project Manager: Dean Stacy Department Representative: Contractor/Consultant/Design Engineer: Keller Assoc Budget Available (Attach Report): no Contract Amount: $115,069.40 Budget amendment at Council 4/21/2015 Will the project cross fiscal years? Yes No x Budget Information: FY Budget: FY15 Enhancement #: Grant #: Other: Type of Grant: GONTRi4CT GI-I'ECKLIST , BASIS OF AWARD Low Bidder X Highest Rated Master Agreement (Bid Results Attached) X (Ratings Attached) (Category) Typical Award Yes X No If no please state circumstances and conclusion: 10 Day Waiting Period Complete PW License # c-10504 Corporation Status May 10, 2015 Date Award Posted: April 30, 2015 Current? (attach print out) 4/30/15 - called and talked to Adrienne at Building Safety. They received payment on 4/29/15 for renewal. They have a valid license. Website will be updated within a week. Goodstanding Insurance Certificates Received (Date): Payment and Performance Bonds Received (Date): Builders Risk Ins. Req'd: Yes No x (Only applicabale for projects above $1,000,000) May4, 2015 Rating: A+ May 4, 2015 Rating: A+ If yes, has policy been purchased? n/a Date Submitted to Clerk for Agenda: May 5, 2015 Approved by Council Issue Purchase Order No, Date Issued: WI -15 submitted Issue Notice of Award: Date: NTP Date: (Only for non Public Works Project) AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES WATER LINE REPLACEMENT - E LOCH MEADOW AND N LAUGHRIDGE - CONSTRUCTION PROJECT # 10443 THIS AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES is made this �a day of May, 2015, 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 Owyhee Construction Inc, hereinafter referred to as "CONTRACTOR", whose business address is 6434 W. Gowen Rd, Boise, ID 83709 and whose Public Works Contractor License # is C -10504 -AAA -123. INTRODUCTION Whereas, the City has a need for services involving WATER LINE REPLACEMENT - E LOCH MEADOW AND N LAUGHRIDGE - CONSTRUCTION; and WHEREAS, the Contractor 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: TERMS AND CONDITIONS Scope of Work: 1.1 CONTRACTOR 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 work, and comply in all respects, as specified in the document titled "Scope of Work" 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 Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; 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 Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, 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 Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, WATER LINE REPLACEMENT - E Loch Meadow And N Laughridge - Construction page 1 of 11 Project 10443 state and city laws, ordinances, regulations and resolutions. The Contractor 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 at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provided by the Contractor 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 Contractor shall be compensated on a Not -To -Exceed basis as provided in Attachment B "Payment Schedule" attached hereto and by reference made a part hereof for the Not -To -Exceed amount of $115,069.00. 2.2 The Contractor shall provide the City with a monthly statement and supporting invoices, as the work warrants, 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 Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor 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, Contractor 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. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) or unless sooner terminated as provided in Sections 3.2, 3.3, and Section 4 below or unless some other method or time of termination is listed in Attachment A. WATER LINE REPLACEMENT - E Loch Meadow And N Laughridge - Construction page 2 of 11 Project 10443 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. 3.3 Should City fail to pay Contractor all or any part of the compensation set forth in Attachment B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 3.4 TIME FOR EXECUTING CONTRACT AND LIQUIDATED DAMAGES Upon receipt of a Notice to Proceed, the Contractor shall have 75 (seventy-five) calendar days to complete the work as described herein. Contractor shall be liable to the City for any delay beyond this time period in the amount of $300.00 (three hundred dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. Substantial Completion shall be accomplished within 60 (sixty) calendar days from Notice to Proceed. This project shall be considered Substantially Complete when the Owner has full and unrestricted use and benefit of the facilities, both from an operational and safety standpoint, and only minor incidental work, corrections or repairs remain for the physical completion of the total contract. Contractor shall be liable to the City for any delay beyond this time period in the amount of $300.00 (three hundred dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. 4. Termination: 4.1 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, 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 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. CONTRACTOR 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 CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. WATER LINE REPLACEMENT - E Loch Meadow And N Laughridge - Construction page 3 of 11 Project 10443 4.2 Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 5. Independent Contractor: 5.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Attachment A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 5.2 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. 5.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor 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 Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. 6. Indemnification and Insurance: 6.1 CONTRACTOR 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 performance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees. CONTRACTOR shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance, in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, 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 limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if WATER LINE REPLACEMENT - E Loch Meadow And N Laughridge - Construction page 4 of 11 Project 10443 CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR 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 performance of this Agreement by the Contractor or Contractor'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. CONTRACTOR shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Contractor begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, CONTRACTOR 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. 6.2 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. 6.3 To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. 6.4 The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6.5 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 6.6 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 7. Bonds: Payment and Performance Bonds are required on all Public Works Improvement Projects per the ISPWC and the City of Meridian Supplemental Specifications & Drawings to the ISPWC, which by this reference are made a part hereof. WATER LINE REPLACEMENT - E Loch Meadow And N Laughridge - Construction page 5 of 11 Project 10443 8. Warranty: All construction and equipment provided under this agreement shall be warranted for 2 years from the date of the City of Meridian acceptance per the ISPWC and the Meridian Supplemental Specifications & Drawings to the ISPWC and any modifications, which by this reference are made a part hereof. All items found to be defective during a warranty inspection and subsequently corrected will require an additional two (2) year warranty from the date of City's acceptance of the corrected work. 9. Meridian Stormwater Specifications: All construction projects require either a Storm Water Pollution Prevention Plan (SWPPP) or an erosion sediment control plan (ESCP) as specified in the City of Meridian Construction Stormwater Management Program (CSWMP) manual. The CSWMP manual containing the procedures and guidelines can be found at this address: httl2://www.meridiancity.org/environmental.aspx?id=l 3618. 10. 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 CONTRACTOR City of Meridian Owyhee Construction, Inc Purchasing Manager Attn: Joseph McClure 33 E Broadway Ave 6434 W. Gowen Rd Meridian, ID 83642 Boise, ID 83709 208-888-4433 Phone: 208-376-2240 Email: mikec0owyheecontruction.com Idaho Public Works License #C -10504 -AAA -123 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. 11. 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. 12. 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. 13. 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 WATER LINE REPLACEMENT - E Loch Meadow And N Laughridge - Construction page 6 of 11 Project 10443 of its rights under this Agreement except upon the prior express written consent of CITY. 14. Discrimination Prohibited: In performing the Work required herein, CONTRACTOR 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. 15. Reports and Information: 15.1 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. 15.2 Contractor 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. 16. 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 CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR 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. 17. 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. 18. Compliance with Laws: In performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 19. ACHD: Contractor shall be responsible for coordinating with the City to obtain appropriate ACHD permit(s) and will reimburse the City for fees, fines, or penalties City incurs due to Contractor's violation of any ACHD policy. City shall certify to ACHD that Contractor is authorized to obtain a Temporary Highway and Right -of -Way Use Permit from ACHD on City's behalf. The parties acknowledge and agree that the scope of the agency granted by such certification is limited to, and conterminous with, the term and scope of this Agreement. WATER LINE REPLACEMENT - E Loch Meadow And N Laughridge - Construction page 7 of 11 Project 10443 20. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 21. 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. 22. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 23. 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. 24. 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. 25. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 26. 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. 27. 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. WATER LINE REPLACEMENT - E Loch Meadow And N Laughridge - Construction page 8 of 11 Project 10443 28. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDI BY: /.-7 TAMMY de , MAYOR Dated: � - /.-)- -! OWYH BY:--� JOSE Dated/ Approved by Council: /A -w/ `�GO�D�ATH D A UC�Sr1J9 Atte City of JAYCIEE OHOLMAN, CITY CLER E IDIAN� ItlANO rFy S'' L� A i Purchasing Approval -lee �lI It, 11 art nt Appro I �rI 7AEA5M* BY: BY: KEITH T , Purch sing Manager WARREN STEWA T, Engineering Manager Dated:: 5�5�s Dated:: City Project Manager Dean Stacev WATER LINE REPLACEMENT - E Loch Meadow And N Laughridge - Construction page 9 of 11 Project 10443 Attachment A SCOPE OF WORK REFER TO INVITATION TO BID PW -15-10443 ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # PW -15-10443, are by this reference made a part hereof. WATER LINE REPLACEMENT - E Loch Meadow And N Laughridge - Construction page 10 of 11 Project 10443 Attachment B MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $115,069.00. Milestone 1 Substantial Completion 60 (sixty) days Milestone 2!!!! Final Completion 75 (seventy five) days Contract includes furnishing all labor, materials, equipment, and incidentals as required for the WATER LINE REPLACEMENT - E LOCH MEADOW AND N LAUGHRIDGE - CONSTRUCTION per IFB PW -15- 10443 CONTRACT TOTAL ....................... 15,069.00 CONTRACT IS A NOT TO EXCEED AMOUNT. LINE ITEM PRICING BELOW WILL BE USED FOR INVOICE VERIFICATION AND ANY ADDITIONAL INCREASES OR DECREASES IN WORK REQUESTED BY CITY. Item No. Description Quantity Unit Unit Price 307.4.1.G.1 Type "P" Surface Restoration 810 SY $ 28.00 401.4.1.A.1 8" Water Main 1,360 IF $ 25.00 401.4.1.A.1 6" Water line 95 LF $ 13.00 401.4.1.A.1 Modified in SP)550 Water Service Line - 1" (No Meter) LF $ 19.00 401.4.1.6.1 8" Water Main Fittin s 9 EA $ 350.00 401.4.1.B.1 6" Water Main Fittings 6 EA $ 225.00 402.4.1.A.1 8" Gate Valve 4 EA $ 1,150.00 402.4.1.A.1 6" Gate Valve 4 EA $ 875.00 403.4.1.A.1 Fire Hydrant 2 EA $ 2,900.00 404.4.1.A.1 Modified in SP Water Service Line Connection 18 EA $ 250.00 706.4.1.A.7 Curb & Gutter Repair 20 LF $ 80.00 706. 4.1.6.3 Valley Gutter Repair 24 SF $ 66.00 706.4.1.E.1 Sidewalk Repair 12 SY $ 135.00 1001.4.1.A.1 Sediment Control 1 LS $ 2,100.00 1103.4.1.A.1 Construction Traffic Control 1 LS $ 4,300.00 2010.4.1.A.1 Mobilization 1 LS $ 5,500.00 SP100 Remove Existing Blowoff Assembly 2 EA $ 650.00 SP200 Abandon/Remove Existing Valve 3 EA $ 600.00 SP300 Reconnect Existing Fire Hydrant 2 EA $ 2.000.00 Travel expenses, if applicable, will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. WATER LINE REPLACEMENT - E Loch Meadow And N Laughridge - Construction page 11 of 11 Project 10443 E IDIAN�- Public � D A H O Works Department TO: PURCHASING FROM: DEAN STACEY Mayor Tammy de Weerd CRy Coanell Membo"I Charlie Rountree Keith Bird Joe Borton Whe Cavener Genesis Milam David Zaremba DATE: 9 April, 2015 SUBJECT: PROJECT INFO MEMO; Construction Contract to Replace 1,320 Linear Feet of Old / Undersized Water Main and Install 2 New Hydrants on E. Loch Meadow — N. Laughridge Ave to End, With an Estimated Cost of $163,600. I. DEPARTMENT CONTACT PERSONS Dean Stacey, Project Manager 489-0386 Kyle Radek, Asst. City Engineer 489-0343 Warren Stewart, PW Engineering Manager 489-0350 Tom Barry, Director of Public Works 489-0372 DESCRIPTION A. Background The Public Works Department has budgeted for the replacement of aging water and sewer lines throughout the City. A replacement priority schedule has been completed based on pipe material, size, and age. This project has been identified as one needing completion this fiscal year. B. Proposed Project The project includes replacement of approximately 1320 linear feet of existing 6 inch water main with new 8 inch main on East Loch Meadow Court and North Meadowglen Place from Laughridge Avenue to the end of the street. Two new fire hydrants will be installed as part of the project, one at the end of each cul-de- sac. This will provide improved fire flow and expand the capability of fire -fighting operations should the need arise. The existing water meters and pits will be replaced to allow the City Water Department better access to repair and maintain the system. Water service lines will also be installed from the new main to the new meter pits. Page I of 2 III. IMPACT A. Strategic Impact: Completing this project will allow Meridian Public Works to provide new infrastructure that supports the needs of our growing community, and ensure modern reliable facilities while maintaining financial stewardship. B. Service/Delivery Impact: The existing 6 inch water main and attached services were installed in 1972, The pipe replacement was based on age, undesirable pipe material and size which cause an increased risk of breaks and reduction/lack in fire flows. The existing pipes will be replaced with 8 inch PVC. C. Fiscal Impact: Pro'ect Costs Engineer's Estimate $163,600 Total $163,600 Project Fundin4 Waterline Replacement / 95000 $163,600 IV. 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_View Image (PDF format) View Imaqe 1979 RA (TIFF format) Amendment Filed 28 Jan REINSTATEMENT View Image (PDF format) 1983 View Image (TIFF format) Amendment Filed 04 Nov OTHER - View Image (PDF format) View 1983 CHG RO Imaqe (TIFF format) Amendment Filed 05 Nov OTHER - View Image (PDF format) View 1984 CHG RA & Image (TIFF format) RO Annual Reports: [ Help Me Print/View TIFF ] Report for year 2015 ANNUAL REPORT View Document Online Report for year 2014 ANNUAL REPORT View Document Online Report for year 2013 ANNUAL REPORT View Document Online http://www.accessidaho.org/public/sos/corp/C54932.html 4/30/2015 IDSOS Viewing Business Entity Page 2 of 3 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 _View Image (PDF format) View REPORT Image (TIFF format) Report for year 2008 ANNUAL REPORT View Document Online Report for year 2007 ANNUAL REPORT View Document Online Report for year 2006 ANNUAL REPORT View Document Online Report for year 2005 ANNUAL View Image (PDF format) View REPORT Image TIFF format) Report for year 2004 ANNUAL View Image (PDF format) View REPORT Image (TIFF format) Report for year 2003 ANNUAL REPORT Report for year 2002 ANNUAL REPORT Report for year 2000 ANNUAL REPORT Report for year 1999 ANNUAL REPORT Report for year 1998 ANNUAL REPORT Report for year 1997 ANNUAL REPORT Report for year 1996 ANNUAL REPORT Report for year 1995 ANNUAL REPORT Report for year 1994 ANNUAL REPORT Report for year 1993 ANNUAL REPORT Report for year 1992 ANNUAL REPORT Report for year 1991 ANNUAL REPORT Report for year 1990 ANNUAL REPORT Report for year 1989 ANNUAL REPORT Report for year 1988 ANNUAL REPORT Report for year 1987 ANNUAL REPORT Idaho Secretary of State's Main Page View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Image (TIFF format) View Image (PDF formai View Image (TIFF format) View Image PDF format View Image (TIFF format) View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Image (TIFF format) _View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Image (TIFF format) State of Idaho Home Page http://www.accessidaho.org/public/sos/corp/C54932.html 4/30/2015 IDSOS Viewing Business Entity Page 3 of 3 Comments, questions or suggestions can be emailed to: sosinfo@sos.idaho.gov http://www.accessidaho.org/public/sos/corp/C54932.html 4/30/2015 Av ErCERTIFICATE OF LIABILITY INSURANCE °1/2 °°""Y""' CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. 5//1/2015 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($), 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 terns 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 endorsemen s . PRODUCERShannon I V E Thomsen Post Insurance Services, InR PHONEE ,.(208)336-5600 N,%,,(20#)344 -0S51 2717 W. Bannock St. MAY o 4 Zo15 thomsen@ ati>ne.com P.O. Box 8447 Boise ID 8370.r INBURMBI AMROINGCOVERAGE "ON I URERA-Continental Western Insurancehki INSURED iNjUgmajdaho State Insurance Fund Owyhee Construction, Inc. IN 6434 W. Gowen Rd. INSURER 0: 5u e• 'Boise ID 83709Rapt F - "l. -U PIT 1\YIRIgFnG6 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 POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 12 TYPH OF INSURANCEY N (OHMlialm LIMRS OBNeRALUAmLifY EACH OCCURRENCE S 1 000,000 A X COMMERCIAL GENERAL LL SRM- C.LAIMS•MAOE © /1/2014 11318 We amunw1col _ 100,000 OCCUR X : 2345553 -32 /1/2015 EXP ns a onon S 10 000 X CLCAi 64108 PERSONALAACVINJURY B 1,000,000 X CL09000020 GENERAL AGGREGATE S 2,000,000 GERLAGGREGATE LIMIT APPLIESPER PRODUCTS -COMP/OPAGO S 2,000,000 POLICYX PRO- LOC S AMMOSILSLIABILITY X 000,000 BODILY INJURY (Pa person) S A ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS X Y 2345553 -32 /1/2014 /1/2015 80DOYINJURY (PeraaiderH) Z X HIRED AUTOS x NON -OWNED AUTOS 3 X C%VMW UMBRELLA LUIB OCCUR U s 11000,000 EACHOCCURRENCE S 5,000,006 A ONcEssUAB CLAIMS -MADE AGGREGATE 6 5,000,000 DED I X I REMNTIONSU 2968807 /1/2014 /1/2015 B WORKERS COMPENSATIONS ATU- AND EMPLOYBRa• LIASIUIY ANY PROPRHTORIPARTNEREXECUTIVE YIN Pit E.L. EACH ACCIDENT S 1,000,02 OFFICERIMEMSEREXCWDED7 NIA EL.DISEASE -EAEMPLO 6 1,000,000 Ma lnNN) MPTI 630974 /1/2015 /1/2016 ON F P n E,LDISEASE- POLICYLOAR 6 1,000,000 A Leased/Rented 8quipment 2345553 -32 /1/2014 /1/2015 $300.000 $2500.00 OEeCRIPnON 0 F OPERATIONS /LOCATIONS I VEHICLES Which ACORD 101, Additional Remade Schedule, K mors epees h h ilukee C Pollution Liability 0 2189656 01/11/2015 -01/11/2016 Limit $ 5,000,000 loss/aggregate Aa Project: Water line replacement - Loch Meadow i Laughridge conatruction in Meridian rr=ommr_-ere um neo _ _ _ •- - _ -- City of Meridian Purchasing Department 33 E Broadway Ave Ste 106 Meridian, ID 83642 Ilion -in 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 Thomsen/sT r../-• ••••_ •-- - I ne wwnu name anc I090 are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY PLATINUM ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. MEDICAL PAYMENTS If SECTION I — COVERAGE C MEDICAL PAYMENTS Is not otherwise excluded from this Coverage Part: 1. The Medical Expense Limit provided by this policy, subject to the terms of SECTION III - LIMITS OF INSURANCE, shall be the greater of: a. $10,000; or b. The Medical Expense Limit shown In the Declarations of this Coverage ParL B. FIRE, LIGHTNING, EXPLOSION, SMOKE AND SPRINKLER LEAKAGE DAMAGE TO PREMISES YOU RENT If damage to premises rented to you under Coverage A. is not otherwise excluded from this policy, the following applies: 1. The last paragraph of SECTION 1— COVERAGE A.2. Exclusions is deleted and replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or sprinkler leakage to premises while rented to your or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in SECTION III — LIMITS OF INSURANCE. 2. Paragraph 6. of SECTION III — LIMITS OF INSURANCE is deleted and replaced by the following: S. Subject to Paragraph S. above, the greater of: a. $300,000; or b. the Damage To Premises Rented To You Limit shown in the Declarations; Is the most we will pay under COVERAGE A for damages because of "property damage to any one premises, while rented to you or temporarily occupied by you with the permission of the owner. 3. Paragraph 4.b.(1)(a)(11) Other Insurance of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS Is deleted and replaced by the following: (11) That Is Fire, Lightning, Explosion, Smoke or Sprinkler Leakage insurance for premises rented to you or temporarily occupied by you with the permission of the owner, 4. Paragraph 9.a. of SECTION V— DEFINITIONS is deleted and replaced by the following: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner is not an 'Insured contract"; C. LIMITED NON -OWNED WATERCRAFT 1. Paragraph g.(2) of SECTION I — COVERAGE A.2. Exclusions is deleted and replaced by the following: A watercraft you do not own that is: a. Less than 51 feet long; and CL CG 0013 0112 Includes copyrighted material of Insurance Services Page 1 of 6 Office, Inc with its permission b. Not used to carry persons or property for a charge. D. SUPPLEMENTARY PAYMENTS SECTION I — SUPPLEMENTARY PAYMENTS — COVERAGES A AND B Is amended as follows: 1. The limit of Insurance in paragraph 1.b. is Increased from $250 to $2,500; and 2. The limit of insurance in paragraph 1.d. is increased from $250 to $500. E. AUTOMATIC ADDITIONAL INSURED — SPECIFIED RELATIONSHIPS — PRIMARY NON-CONTRIBUTORY The following is added to Paragraph 2. of SECTION II - WHO IS AN INSURED: e. Any person or organization described below, when you are obligated by virtue of a written contract or agreement that such person be added as an additional insured on your policy. When required by virtue of a written contract or agreement, coverage provided to any additional insured will be on a primary basis and will not seek contribution from the additional insured's policy. Only the following persons or organizations are additional insureds under this endorsement: (1) Managers Or Lessors Of Premises. The manager or lessor of a premise leased to you, but only with respect to liability arising from the ownership, maintenance or use of that part of the premises leased to you and subject to the following additional exclusions: This insurance does not apply to: (a) Any "occurrence" which takes place after you cease to be a tenant of that premises. (b) Structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor. (2) Lessor Of Leased Equipment. Any person or organization from whom you lease equipment, but only with respect to liability for "bodily Injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). However, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. (3) Vendors. Any person or organization, but only with respect to "bodily injury" or "property damage" arising out of "your products" shown in the Schedule which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: a. The insurance afforded the vendor does not apply to: 1. "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; 2. Any express warranty unauthorized by you; 3. Any physical or chemical change in the product made intentionally by the vendor, 4. Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under Instructions from the manufacturer, and then repackaged in the original container, 8. Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; S. Demonstration, Installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; CL CG 0013 0112 Includes copyrighted material of Insurance Services Page 2 of 6 Office, Inc with Its permission 7. Products which, atter distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor. b. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. (4) State Or Political Subdivision — Permits Or Authorizations Relating To Premises. Any state or political subdivision, subject to the following additional provision: This insurance applies only with respect to the following hazards for which the state or political subdivision has Issued a permit in connection with premises you own, rent, or control and to which this insurance applies: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar exposures; or (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this Insurance. Limits of insurance for such additional insured are the limits in this coverage form or the limits you and such additional insured agreed to by virtue of a contract or agreement, whichever is less. These limits are inclusive of and are not in addition to the Limits Of Insurance shown in the Declarations. When required by virtue of a written contract or agreement, coverage provided to any additional Insured AUTOMATIC ADDITIONAL INSURED — SPECIFIED RELATIONSHIPS — PRIMARY NON-CONTRIBUTORY will be on a primary basis and will not seek contribution from the additional insured's policy. F. BROADENED NAMED INSURED —NEWLY ACQUIRED 180 DAYS Paragraph 3. of SECTION II - WHO IS AN INSURED is deleted and replaced by the following: Any organization you newly acquire or form, other than a joint venture, and over which you maintain ownership or majority interest of more than 80% will be a Named Insured if there is no other similar Insurance available to that organization. However. a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier. b. COVERAGE A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization. c. COVERAGE B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. G. gGGRtTLIIIIIITt3' OF ,1NUF�AN�I: ;: The .general Aggregate Limit:under SECTION 111— LIMITS OF INSURANCE-- applies .§epafqt0ly to gach.of your: J.% eWa ffom rr3mises owned by or rented .to you. i.::1 "; "Loca4lons"`owned'by or rented-to'you. "L•ocation" means premises•involving.the.same or connecting�lots4.or premises W cis co �neict on is fntkupted only by a street, roadways waterway or right-of-way of"a•reilroed. H. KNOWLEDGE OF OCCURRENCE The following Is added to paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: e. A report of an "occurrence", offense, claim or "sutY' to: (1) You, if you are an individual, (2) A partner, if you are a partnership, CL CO 0013 0112 Includes copyrighted material of insurance Services Page 3 of 6 Office, Inc with its permission (3) An executive officer, If you are a corporation, or (4) A manager, if you are a limited liability company; is considered knowledge and requires you to notify us of the "occurrence", offense, claim, or °suit° as soon as practicable. E We are considered on notice of an "occurrence", offense, claim or "suit" that is reported to your Workers' Compensation insurer for an event which later develops into an °occurrence", offense, claim or "suit" for which there is coverage under this policy. However, we will only be considered on notice if you notify us as soon as you know the claim should be addressed by this policy rather than your Workers' Compensation policy. I. UNINTENTIONAL OMISSIONS The following is added to paragraph 6. Representations of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: d. If you unintentionally fail to disclose any exposures existing at the Inception date of your policy. we will not deny coverage under this Coverage Part solely because of such failure to disclose. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non -renewal. This provision does not apply to any known injury or damage which is excluded under any other provision of this policy. J. MENTAL ANGUISH Paragraph 3. of SECTION V — DEFINITIONS is deleted and replaced by the following: 3. "Bodily injury' means bodily injury, sickness or disease sustained by a person, Including mental anguish or death resulting from any of these at any time. K. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is amended by the addition of the following: We waive any right of recovery we may have because of payments we make for 'bodily injury" or °property damage," arising out of your ongoing operations or "your work" done ur;der a l�sntrai3t requiring such waiver with !hot',person or `organi*atlon and included in the °products completed operations hazard". However, our rights may only be waived prior to the "occurrence' giving rise to the Injury or damage for which we make payment under this Coverage Part. The insured must do nothing after a loss to impair our rights. At our request, the Insured will bring "suit" or transfer those rights to us and help us enforce those rights. L. OTHER INSURANCE When Coverage applies in this General Liability Enhancement Endorsement, no other coverage or limit of insurance in the policy applies to loss or damage insured by this coverage. M. NON -EMPLOYMENT DISCRIMINATION LIABILITY (DEFENSE WITHIN LIMITS) The following Is added to paragraph 14. "Personal and advertising Injury" SECTION V — DEFINITIONS of COMMERCIAL GENERAL LIABILITY COVERAGE FORM: h. Non -employment discrimination. Non -employment discrimination means violation of a person's civil rights with respect to such person's race, color, national origin, religion, gender, marital status, age, sexual orientation or preference, physical or mental condition, or any other protected class or characteristic established by any federal, state or local statutes, rules or regulations. Non -employment discrimination does not include violation of civil rights arising out of past, present or prospective employment. Our obligation under the Personal and Advertising Injury Liability Coverage to pay non - employment discrimination liability damages on your behalf applies only to the amount of damages In excess of $5000 deductible as the result of any one offense regardless of the number of persons or organizations who sustain damages because of the offense. CL CG 0013 0112 Includes copyrighted material of Insurance Services Page 4 of 6 Office, Inc with its pemnission The most we will pay for all damages for non -employment discrimination is $16,000 annual aggregate. No other liability to pay sums or perform acts or services is covered. Supplemental Payments — Coverages A and B do not apply to non -employment discrimination coverage. N. ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS OR OTHERS— AUTOMATIC, INCLUDING PRIMARY NON-CONTRIBUTORY 1. SECTION II — WHO IS AN INSURED is amended to include as an additional insured any person or organization for whom you are performing operations when you are obligated by virtue of a written contract or agreement that such person or organization be added as an additional Insured on your policy, but only with respect to "bodily Injury", "property damage" or "personal and advertising injury' is caused, in whole or in part, by.- a. y: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf; In the performance of your ongoing operations for the additional insured. This Insurance does not apply to 'bodily injury', "property damage", "personal and advertising injury' included within the "products -completed operations hazard. This Insurance does not apply to any additional insured scheduled on your policy by separate endorsement 2. Umits of Insurance Limits of insurance for such additional Insured are the limits In this coverage form or the limits you and such additional Insured agreed to by virtue of a contract or agreement, whichever Is less. These limits are inclusive of and are not in addition to the Limits Of Insurance shown in the Declarations. 3. Exclusions A. With respect to the insurance afforded to these additional Insureds, the following additional exclusions apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of. 1. The rendering of or failure to render any professional services by you or on your behalf, but only with respect to either or both of the following operations: a. Providing engineering, architectural or surveying services to others In your capacity as an engineer, architect or surveyor; and b. Providing, or hiring Independent professionals to provide, engineering, architectural or surveying services in connection with construction work you perform. 2. Subject to Paragraph 3. below, professional services include: a. Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications, and b. Supervisory or inspection activities performed as part of any related architectural or engineering activities. 3. Professional services do not include services within construction means, methods, techniques, sequences and procedures employed by you or performed by or for the construction manager, He employees or its subcontractors in connection with your ongoing operations. B. "Bodily injury" or "property damage" occurring after. 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional Insured(s) at the location of the covered operations has been completed; or CL CG 0013 0112 Includes copyrighted material of Insurance Services Page 6 of 6 Oisce, Inc with Its permission That portion of "your work" out of which the injury or damage arises has been put to its Intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. 4. Primary Non -Contributory When required by virtue of a written contract or agreement, coverage provided to any additional Insured by ADDITIONAL INSURED — OWNERS, LESSEES, CONTRACTORS OR OTHERS — ONGOING OPERATIONS — AUTOMATIC, INCLUDING PRIMARY NON CONTRIBUTORY will be on a primary basis and will not seek contribution from the additional Insured's policy. CL CG 0013 0112 Includes copyrighted material of Insurance Services Page 6 of 6 Office, Inc with Its permission THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTOR GENERAL LIABILITY PLATINUM ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. PROPERTY DAMAGE TO BORROWED EQUIPMENT 1. Paragraph 2.j, of SECTION 1 - COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY is amended as follows: Paragraphs (3) and (4) of this exclusion do not apply to tools or equipment loaned to you, provided they are not being used to perform operations at the time of loss. 2. SECTION III — LIMITS OF INSURANCE is deleted and replaced by the following: The most we will pay in any one "occurrence' for "property damage" to borrowed equipment is $15,000. This limit of insurance is the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits'. 3. Deductible a. Our obligation to pay damages on behalf of the Insured applies only to the amount of damages in excess of $250 as applicable to "property damage" as the result of any one 'occurrence', regardless of the number of persons or organizations who sustain damages because of that "occurrence". b. The terns of this insurance, including those with respect to our right and duty to defend the insured against any "suits" seeking those damages; and your duties in the event of an "occurrence", claim, or "suit` apply irrespective of the application of the deductible amount. c. We may pay any part or all of the deductible amount to effect settlement of any claim or suit and, upon notification of the action taken; you.shall promptly reimburse us for such part of the deductible amount as we have paid. %':`4, QN TRUGTION,PROJECT GENERAL, AGGREGATE UM IT For; ell sums ch •the' tnaured becomes, legal)yy obligated to pay as damages catisadR liar "occurrences' under COVERAGE A ((S�ECTION Ij, and for all.medical expenses oagseti?by accidents under COVERAGE•C (SECTION I), which,can be attributed only to ongolhg op�r. at':4 etrigl;donstruetion.proJeot aVvay from'�remises'owned by or i`ented'to;the triured Sipgle.Conatructiora Project Genpral;Aggregate Lim it es .to e4le aorl tN orr,gt�j or`tli a` A.IfG Hera AgOregate intit efioih i the Dec era bhsrid ;that. l(it. is_iiJal,to.gM1`{i`( b.. ; The Single Construc6ori Project Gefieral Agoregate.Limill'14 the. modt;%i a will. pa' for Ilia sunt of ell damages under'COVERAGE iA; except damages because o/ °bodily j;rtrury of -.0W damaae''included in the °products -completed `bpdnttions hazard andmedical.eKpefisls under:OVERAGE C regardless ofthe number of: .Claims made or, °suitsbrought; or (3) Persons 0organizations making claims' or bdnging'suits". .. ,:• c: Any payments made under COVERAGE A for damages or under COVERAGE C for. nhOlb 'I expenses shall reduce the Single Construction .Project General' Aggregate ',Lifnit fpr t _p ' constiuotion project eway'fr+om premises. owned by or. rester3.to the'tnsured:. 5rlbft.o"gifi CL CG 00 20 01 12 Includes copyrighted material of Insurance Services Page 1 of 4 Offlce. Inc with Its permission d. ,fihe limits shown (n• the'Declaratione for E66h Occurrence; P(re°'Damage fdnd '11A 1(ogl Expense continue to apply. However, Instead -of being subject• to" the .General AodrAat$I Limit `'shown. in the Deolarations, 1 such limits 'Will ' be subject to the ' appifcable; $(n'jle Construction Project General Aggregate Limit. -011 sums which the. insured becojnes legally obligated to pay as damages caused tit; �4'dgs" `unq�er. COV '. ((S.ECTION I), and for ra I ti?tedleal expen§®g oe fid= �slc(denta y'n er COVERAGE C`:( ECT11�11 I}; Which' nno ,tie' attrib�t7(d dli1 'i . ns at.e single deaigrjated constiYrction, project away froitS pfrmise'oYmed� bybr r�ei tFret'ed: ;:•a:..`Any:p iYments made -under 'COVER:AGE A for damages, or, under.0OVEf(AGE. G for Inadibay expenses shall "reduce 'the arhourit .ayailable.- Vi er the General A'bd& ate Llrnif, for lied Prodpo-Completed•ORerations Aggregate•Lamit, WhIbheyer is app�icabie,,end ,bi :? •ych p01MOPts:•tijidif hot reduce:aray-.S(ngle Corlssrucfiorrt P,foject+Gen h tAg r$`gejer imj nr. • oy�uona ��r, aamagas oeaause OTy'DOOIry injury .:or pr0'pdrty dAmfl " itilcl0de i,ltJ ie Mb ucts-completed' operations hazard .wall. reduce the Prodildb°-Coptstdtldtidj Aggregate Limit, and not reduce the General Aggregate Lfrfiit orttia S(nofe Consfiuotlon l?Fiiject Gene* Aggregate Limit: ... 4 , If the applicable construction project away from premises owned by ot••.rented to'the'(nsured; ' is beem ab doped eia ed or abandoned and ,then ;restarted, orI •tite.�uthoMi l cph"f I' c(. Y pel~t(me �de'vlate fram;.plans, blueprints, designs, specifications or timetables, the. prc]ect deQfie to•tie.thasenie'construction prOjOct. 1. 6 *, Thi': provisions of. Limps Of Insurance (SECTION III) riot otherwise_ [nod(fied`1 by.,. tfiis endorsement ahall'cbntiniie•td'apply as'stipulated. C. LIMITED JOB SITE POLLUTION 1. Exclusion E under Section 1— Coverage A Is replaced by the following: 2. Exclusions This insurance does not apply to: f. Pollution (1) "Bodily Injury' or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants": (a) At or from any premises, site or location on which any Insured or any contractors or subcontractors working directly or indirectly on any Insured's behalf are performing operations if the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants'; or (b) At or from a storage tank or other container, ducts or piping which is below or partially below the surface of the ground or water or which, at any time, has been buried under the surface of the ground or water and then subsequently exposed by erosion, excavation or any other means if the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of 'pollutants" arises at or from any premises, site or location which any insured or any contractors or subcontractors working directly or indirectly on any Insured's behalf are performing operations if the "pollutants" are brought on or to the premises, site or location In connection with such operations by such insured, contractor or subcontractor. Subparagraph (b) does not apply to "bodily (n),ury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire'. (2) Any loss, cost or expense arising out of any: (a) Request, demand, order or statutory or regulatory requirement issued or made pursuant to any environmental protection or environmental liability statutes or regulations that any insured test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or CL CG 00 20 0112 Includes copyrighted material of Insurance Services Page 2 of 4 Office, Inc with Its permission (b) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, or neutralizing or in any way responding to or assessing the effects of, "pollutants". However, this paragraph does not apply to liability for those sums the insured becomes legally obligated to pay as damages because of "property damage" that the Insured would have in the absence of such request, demand, order or statutory or regulatory requirement, or such claim or "suit" by or on behalf of a governmental authority. 2. With respect to "bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants": a. The "Each Occurrence Limit" shown in the Declarations does not apply. b. Paragraph 7. of Limits Of insurance (Section III) does not apply. c. Paragraph 1. of Section III — Limits Of Insurance is replaced by the following: The Limits Of Insurance shown in this endorsement, or In the Declarations and the rules below fix the most we will pay regardless of the number of: (1) Insureds; (2) Claims made or "suits" brought; or (3) Persons or organizations making claims or bringing "suits". d. The following are added to Section III — Limits Of Insurance: B. Subject to 2. or 3. above, whichever applies, the most we will pay for the sum of: a. Damages under Coverage A; and b. Medical expenses under Coverage C because of "bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants" is $100,000 aggregate. 9. Subject to B. above, the Medical Expense Limit is the most we will pay under Coverage C out of tll he actual alleged orhruse eat of disc"bodiharge, 'disperrsal, seened page migrraatioon,rrelease or escape of "pollutants". D. VOLUNTARY PROPERTY DAMAGE 1. The following is added to Section 1— COVERAGES: We will pay, at your request for "property damage" to that part of any property: a. Which you or any subcontractors working directly or indirectly on your behalf are performing operations; or b. That must be restored, repaired or replaced because "your work" was incorrectly performed on it. This Insurance applies only to "property damage" to property of others while in your care, custody, or control, and arising out of operations away from your Insured premises and Incidental to your business. Exclusions J.(3),(4),(6) and (6) do not apply to this coverage. This Insurance does not apply to "property damage' Included within the 'explosion hazard', the "collapse hazard" or the 'underground property damage hazard'. 2. For the purposes of the coverage provided by D. VOLUNTARY PROPERTY DAMAGE, SECTION III — LIMITS OF INSURANCE is replaced by the following: A. Limits of Insurance 1. Unless a higher limit is shown in the Declarations, the most we will pay In any one "occurrence" for "property damage' under this endorsement is $15,000. 2. Unless a higher limit is shown in the Declarations, the most we will pay for ell covered occurrences during any one policy period is $15,000 Aggregate Limit of insurance. CL CG 00 20 0112 Includes copyrighted material of Insurance Services Page 3 of 4 Office, Inc with Its permission The Limits of Insurance of this endorsement apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. in that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. 3. Deductible a. Our obligation to pay damages on behalf of the insured applies only to the amount of damages in excess of $250 as the result of any one "occurrence", regardless of the number of persons or organizations who sustain damages because of that "occurrence'. b. The terns of this insurance, including those with respect to our right and duty to defend the insured against any "suits" seeking those damages; and your duties in the event of an "occurrence", claim, or 'sult' apply Irrespective of the application of the deductible amount. c. We may pay any part or all of the deductible amount to effect settlement of any claim or SUN and, upon notification of the action taken; you shall promptly reimburse us for such part of the deductible amount as we have paid. 4. For the purposes of the coverage provided by D. VOLUNTARY PROPERTY DAMAGE, SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: a. The following is added to paragraph 2. Duties In The Event Of Occurrence, Offense, Claim or Suit: In the event of loss covered by this endorsement, the insured shall, if requested by us, replace the property or furnish the labor and materials necessary for repairs at actual cost to the insured, excluding prospective profit or overhead charges of any nature. Any property so paid for or replaced shall, at our option, become our props . Any payment made by us shall not constitute an admission of liability by an insured, or by us. b. Paragraph 4. Other Insurance is amended as follows: (1) Paragraph 4.a. Primary insurance is deleted. (2) Subparagraphs (1) and (2) of paragraph 4.b. Excess Insurance are deleted and replaced with the following: This insurance is excess over any of the other Insurance, whether primary, excess, contingent or on any other basis. All other provisions that apply to paragraph 4.Other Insurance contained in the Commercial General Liability Coverage Form are applicable. 5. For the purposes of the coverage provided by D. VOLUNTARY PROPERTY DAMAGE, the following definitions are added to SECTION V — DEFINITIONS: a. 'Collapse hazard" includes "structural property damage' and any resulting 'property damage' to any other property at any time. b. 'Explosion hazard" includes 'propeq damage' arising out of blasting or explosion. The "explosion hazard" does not include property damage" arising out of the explosion of air or steam vessels, piping under pressure, prime movers, machinery or power transmitting equipment. c. "Structural property damage' means the collapse of or structural injury to any building or structure due to: (1) Grading of land, excavating, borrowing, filling, back -filling, tunneling, pile driving, cofferdam work or caisson work; or (2) Moving, shoring, underpinning, raising or demolition of any building or structure or removal or rebuilding of any structural support of that building or structure. d. 'Underground property damage hazard' includes "underground property damage' and any resulting "property damage" to any other property at any time. e. "Underground property damage" means "property damage" to wires, conduits, pi es, mains, sewers, tanks, tunnels, any similar property, and any apparatus used with them beneath the surface of the ground or water, caused by and occurring during the use of mechanical equipment for the purpose of grading land, paving, excavating, drilling, borrowing, filling, back -filling or pile driving. CL CG 00 20 0112 Includes copyrighted material of Insurance Services Page 4 of 4 Office, Inc with Its permission THIS ENDO09MENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY COMMERCIAL AUTOMOBILE EXPANSION ENDORSEMENT - PLATINUM This andonsernent modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM The following provides a broad range of coverage In addition to that provided by the basic policy. in some hretances, a higher limit or broader coverage Is available. Should the policy Indicate broader coverage or higher limits then provided by this endorsement, the higher limits or broader coverage shall A. BROADENED NAMED INSURED The Named Insured shown In the Declarations Is amended to include: An organization, other than a Joint venture, over which you maintain ownership or majority Inter- est of more than 50%, unless that organization is an °Insured' under any other automobile pol- icy or would be an 'insured° under such a polcy but for the exhaustion of Hs Limit of Insurance, however, 1. Coverage under this provision Is afforded only until the 1801h day after you acquire or period, or hev �s earl the end of the policy r. Z. Coverage does not apply to "bodily InJuryr' or 'property damage" that occurred l;elore you acquired or formed the organization. B. ADDITIONAL INSURED BY CONTRACT OR AGREEMENT The following is added to Section II - Liab811y Coverage, Parswaph A.1.: d. Any person or organisation for whom you are performing operations N you and such parson or organization have agreed in writ- ing in a contract or agreement that such person or organization be added as an addl- tional insured on your policy. (1) Such person or organization is an additional insured only with respect to liability for "bodily Injury" or'prop- erty damage': (a) Caused by an "aoddenr, and (b) Resulting from the ownership, maintenance or use of a cov- ered'auto'. (2) A person's or or ianization's status as an additional Insured exists only While you are performing operations for Ihat additional insured. (s) n�nlorgoro�osuraacefperson rizati added as additional insured aro those specMed In the written con- tract or agreement, or In this cover- age form, whichever is less. These limits of Insurance are inclusive of and are not in addition to the Limits of Insurance shown In the Declara• tions. (4) This insurance applies on a primary and non-contributory basis It that Is required by the written contract or agreement (5) This Insurance does not apply unless the written contract or agreement eebdas nuecuted prior o the jrlorr Nproperty damage". C. ADDITIONAL INSURED "EMPLOYEES The following Is added to the Section II — Liability Coverage, Paragraph A.I. Who Is An Insured Provision: Any "employee" of youm is an 'insured' while us. Ing a covered "auto you don't own, hire or borrow In your business or your personal aHatrs. D. EXTENDED COVERAGE - BAIL BONDS Section 11 — Lisbpity Covengle, Paragraph A.2.a.(2). is deleted and replaced by the follow - Ing: (2) Up to $3.000 for Trost of bat bonds including bonds for related traffic law violations) required because of an "accidenr we cover. We do not have to furnish these bonds. E. ING EA EXTENDED COVERAGE - LOSS OF URN. Section II — Llablilty Coverage, Paragraph A.2.s.(4) is deleted and replaced by the Ing: (4) (4) All reasonable expenses Incurred by the "Insured' at our request, Indud- ing actual loss of earning up to $soo a day because of time off from work. CW 34 68 0110 Indudes Copydehled meWd of Insunm Servl m Page 1 of 5 OMM Inc.. w4h Re pwndsOm F. FELLOW EMPLOYEE COVERAGE The Fellow Employee Exclusion contained In Section II—LiablI ty Coverage does nota ply. This coverage Is excess over any other cc act- able insurance. G. AUTO MEDICAL PAYMENTS COVERAGE - INCREASED LIMIT If the "insured" is wearing a seat belt at the time an "accident" occurs, the LIMIT OF INSUR- ANCE for AUTOMOBILE MEDICAL PAYMENTS COVERAGE shown In the Declarations will be double the limit shown. All other terms and con- ditions applicable to MEDICAL PAYMENTS re- main unchanged. H. COVERAGE EXTENSION AS A CONSE- QUENCE OF THEFT OF AN "AUTO" 1. Transportation Expense Section III — Physical Damage Coverage, Paragraph A.4.a. Is deleted and replaced by the following: a. We will also pay up to $75 per day to a maximum of $2,500 for temporary transportation expense Incurred by you because of the total theft of a covered "auto" of the "private passenger type'. We will pay only for those covered "autos" for which you carry either Com- prehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses Incurred during the period beginning 48 hours after the theft and ending, regardless of the pol- icy's expiration, when the covered "auto" is returned to use or we pay for its "loss". We will also pay reasonable and neces- sary expenses to facilitate the return of the stolen "auto" to you. I. EXTENDED COVERAGE - AIRBAGS Section III — Physical Damage Coverage, Para- graph 13.3.a. does not apply to the unintended ischarge of an alrbag. Coverage is excess over any other collectible Insurance or warranty specifically designed to provide coverage. J. LEASED OR FINANCED "AUTOS" - PHYSI- CAL DAMAGE COVERAGE The following is added to Section III — Physical Damage Coverage, Paragraph C. 4. In the event of a total "loss' to a covered "auto", we will pay any unpaid amount due on the lease or loan for a covered "auto", less: a. The amount under the Physical Damage Coverage section of the policy; and b. Any: (1) Overdue Ieaselloan payments at the time of the "loss'; (3) Security deposits not returned by the lessor; (4) Costs for extended warranties, Credit Life Insurance, Health, Accl- dent or Disability insurance pur- chased with the loan or lease; and (5) Carry --over balances from previous loans or leases. K. GLASS DEDUCTIBLE Section III — Physical Damage Coverage, Para- graph D. is deleted and replaced by the follow- ing: D. DEDUCTIBLE For each covered "auto" our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by the appli- cable deductible shown in the Declarations. Any Comprehensive Coverage deductible shown in the Declarations does not apply to: 1. "Loss" caused by fire or lightning; or 2. "Loss" when you elect to patch or repair glass rather than replace. L. EXTENDED COVERAGE - ELECTRONIC EQUIPMENT The following is added to Section 111 - Physical Damage Coverage, Paragraph A.4.: c. Physical Damage Coverage on a cov- ered 'auto" also applies to loss' to any electronic equipment that receives or transmits audio, visual or data signals and that Is not designed solely for the reproduction of sound. This coverage applies only if the equipment is perma- nently installed in the covered "auto" at the time of "loss" or the equipment is removable from a housing unit which is Permanently Installed in the covered auto" at the time of the loss", and such equipment is designed to be solely op- erated by use of the power from the "auto's" electrical system, in or upon the covered °auto". We will pay with respects to a covered "auto" for loss" to antennas and other accessories necessary for use of the electronic equipment. However, this does not Include tapes, records or discs. M. EXTENDED COVERAGE - PERSONAL EF- FECTS The following Is added to Section III — Physical Damage Coverage, Paragraph A.4.: d. Physical Damage Coverage on a cov- ered "auto" may be extended to "loss" to your personal property or, If you are an individual, the personal property of a family member, that is In the covered "auto" at the time of "loss% (2) Financial penalties imposed under a The most we will pay for any one 'Voss" lease for excessive use, abnormal under this coverage extension is $500. wear and tear or high mileage; CW 34 88 0110 Includes Copyrighted material of Insurance Services Page 2 of 5 Office. Inc., with Us permission N. TOWING AND LABOR COVERAGE Section 111— Physical Damage Coverage, Para- graph A.2. is deleted and replaced by the follow- ing: If a private passenger type 'auto" or light truck "auto" (0-10,000 Lbs. GVW) Is provided both Comprehensive ��r Collision Coverage, we will pay up to $100 for- towing and labor costs in- curred each time such 'auto" Is disabled. How- ever, the labor must be performed at the place of disablement. O. EXTENDED COVERAGE - CUSTOMIZED FURNISHINGS The following is added to Section III — Physical Damage Coverage, Paragraph A.4.: e. Physical Damage Coverage on a cov- ered "auto" may be extended to "loss" to custom furnishings including, but not limited to special carpeting and Insuia- Von, height -extending roofs, and custom murals, paintings or other decals or graphics. Our limit of liability for loss to custom furnishings shall be the least of: (1) Actual cash value of the stolen or damaged property; (2) Amount necessary to repair or re- place the property; or (3) $500. This coverage extension does not apply to electronic equipment. P. PHYSICAL DAMAGE COVERAGE - HIRED "AUTOS" You may extend the Comprehensive, Specified Causes of Loss and Collision coverages pro- vided on your owned "autos" to any "auto" you lease, rent, hire or borrow from someone other thanyour employees or partners or members of their households subject to the following: 1. The most we will pay in any one "loss" is the least of $50,000, the actual cash value of the "auto" or the cost to repair or replace the "auto", except that such amount will be re- duced by a deductible to be determined as follows: a. The deductible shall be equal to the amount of the highest deductible shown for any owned "auto" of the same ciasst- tication for that coverage. in the event there Is no owned "auto" of the some classification, the highest deductible for any owned "auto" will apply for that cov- erage. b. No deductible will apply to "loss" caused by fire or lightning. 2. Coverage provided under this extension will: a. Be excess over any other collectible insurance; b. Payy, in addition to the limit set forth in P.1. above, up to $500 per day, not to exceed $3,500 per "loss" for: (1) Any costs or fees associated with the "loss" to a hired "auto"; and (2) Loss of use, provided It is the con- sequence of an "accident' for which you are legally liable, and as a result of which a monetary loss is sus- tained by the leasing or rental con- cern. Q. RENTAL REIMBURSEMENT COVERAGE We will pay for rental reimbursement expenses incurred by you for the rental of an "auto" be- cause of "loss' to a covered "auto". 1. Payment applies In addition to the otherwise applicable amount of each coverage you have on the covered "auto". 2. No deductible applies to this coverage. 3. We will pay only for those ex enses incurred during the policy period beginning 24 hours after the "loss" and ending, regardless of the expiration date of the policy, with the lesser of the following: a. When the covered "auto" has been re- paired or replaced, or b. When the total amount paid under this coverage extension reaches $2,500. 4. Our payment is limited to the lesser of the following amounts: a. Necessary and actual expenses in- curred. b. Not more than $75 per day. 5. We will pay up to an additional $300 for the reasonable and necessary expenses you In- cur to remove your materials and equipment from the covered "auto" and replace such materials and equipment on the rental "auto". 6. This coverage does not apply while there are spare or reserve "autos available to you for your operations. 7. If "loss" results from the total theft of a cov- ered "auto" of the 'private passenger type", we will pay under this coverage only that amount of your rental reimbursement ex- penses which Is not already provided for un- der the Physical Damage Coverage Exten- sion. R. DRIVE OTHER CAR COVERAGE 1. Changes In Liability Coverage a. Any "auto" you don't own, hire or borrow Is a covered "auto" for Liability Coverage while being used by: (1) You, If you are designated in the Declarations as an individual; CW 34 68 0110 Includes Copyrighted material of Insurance Services Page 3 of 5 Office, Inc.. with its permission (2) Your partners or members, If you are designated In the Declarations as a partnership or Joint venture; (3) Your members or managers, If you are designated in the Declarations as a limited liability company, (4) Your "executive officers", If you are designed In the Declarations as an organization other than an indtvMd- ual ppartnership, joint venture or Ilm- itea (lability company; and (5) The spouse of any person named in R.1.a.1. through R.1.a.(4) while a resident of the same household. except: (a) Any "auto" owned by that Individ- ual or by any member of his or her household. IN Any "auto" used by that Individual or his or her spouse while working In a business of selling, servicing, repairing or parking "autos". 2. Changes In Auto Medical Payments And Uninsured And Underinsured Motorists Coverages The following Is added to Who is An Insured: Any Individual named In R.1.a and his or her i"tariliy members" are "Insured" while "occupy - ng' or while a pedestrian when being struck by any "auto" you don't own except: Any "auto" owned by that Individual or by any "family member. 3. Changes In Physical Damage Coverage Any private passenger type "auto" you don't own, hire or borrow is a covered "auto" while In the care, custody or control of any Individual named In R.1.a or his or her spouse while a resident of the same household except: a. Any "auto' owned by that individual or by any member of his or her household. b. Any "auto" used by that individual or his or her spouse while working In a business of selling, servicing, repairing or parking "autos". 4. The most we will pay for the total of all dem- sues under LIABILrl`Y COVERAGE, AUTO MEDICAL PAYMENTS, UNINSURED MO- TORISTS COVERAGE and UNDERIN- SURED MOTORISTS COVERAGE Is the LIMIT OF INSURANCE shown In the Decla- rations as applicable to owned "autos". S. Our obligation to pay for, repair, return or replace damaged or stolen property under PHYSICAL DAMAGE COVERAGE, will be reduced by a deductible equal to the amount of the largest deductible shown for any owned private passenger type "auto" appli- cable to that coverage. If there are no owned private passengger type "autos", the deductible shall be $50 for Comprehensive Coverage and $100 for Collision Coverage. No deductible will apply to "loss' caused by fire or lightning. E. Additional Definition As used In this section; R. DRIVE OTHER CAR COVERAGE: "Family member" means a penton related to the Individual named in R.1.a by blood, mar- riage or adoption who is a resident of the indl- vidual's household, Including a ward or foster child. S. KNOWLEDGE OF OCCURRENCE The following Is added to Section IV — Business Auto Conditions, Paragraph A.2.: d. Notice of an "accident" or "loss" will be considered knowledge of yours only if reported to you, If you are an individual, a partner, an executive officer or an em- ployee designated by you to give us such notice. e. Notice of an "accident" or "loss" to your Workers Compensation Insurer, for an event which later develops into a claim for which there is coverage under this policy, shall be considered notice to us, but only if we are notified as soon as you know that the claim should be ad- dressed by this policy, rather than your Workers Compensation policy. f. Your rights under this policy shall not be prejudiced H you fail to give us notice of an "accident or "lose, solely due to Cur reasonable and documented belief that the event is not covered by this pol- icy. The following Is added to Section IV — Busi- ness Auto Conditions, Paragraph 2.b.: (6) Knowledge of the receipt of docu- ments concerning a claim or "suit' will be considered knowledge of yours only If receipt of such docu- ments Is known to you, If you are an Individual, a partner, an executive officer or an employee designated by you to forward such documents to us. T. WAIVER OF SUBROGATION 13Y CONTRACT OR AGREEMENT The following Is added to Section IV - Business Auto Conditions, Paragraph A.5.: We waive any right of recovery we may have against any "insured" provided coverage under this endorsement under B., ADDITIONAL IN- SURED BY CONTRACT OR AGREEMENT, but only as respects "loss" arising out of the opera- tlon, maintenance or use of a covered 'auto" pursuant to the provisions or conditions of the written contract or agreement. CW 34 88 0110 Includes Copyrighted matedal of Insurance Services Page 4 of 5 OiBce, Inc.. with its permission U. UNINTEN71ONAL OMISSIONS The following Is added Section IV - Business Aub Conditions, Paragraph B.2.; We will not deny coverage under this policy If you fail to disclose all hazards existing as of the Incepption date of the policy, provided such fail- ure Is AM intentional. V LIBERALIZATION If we revise this endorsement to provide greater coverage without additional premium tharge,'we Will automatically provide the, additional cover- age to all endorsement holders as of the day the. revision Is effective In your state. CW 34'68 0110 Includes Copyrighted materlsl of Insumnoe Services Pag050f$ Office. Inc.. with Its permisslon -0 THE AMERICAN INSTITUTE OF ARCHITECTR E C E 6 V E D MAY pIn'/ I I 15 FINANCE DEPL Bond# 2196505 AIA Document A312 Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): Owyhee Construction, Inc. North American Specialty Insurance Company 6434 W. Gowen Rd. 650 Elm Street Boise, ID 83709 Manchester, NH 03101 OWNER (Name and Address): City of Meridian 33 E. Broadway Ave. Suite 106 Meridian, ID 83642 CONSTRUCTION CONTRACT Date: May 1, 2015 Amount: $115,069.00 Description (Name and Location): Water Line Replacement - Loch Meadow and Laughridge - Construction BOND Date (Not earlier than Construction Contract Date): May 4, 2015 Amount: $115,069.00 Modifications to this Bond: X None ❑ See Page 3 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) North AmericLS'ansur " e Company Signature: Name and Title: Ter S. Robb Attorney-In=Fact (Any additiopals#✓atures appear on page 3) (FOR INFORMATION ONLY- Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party): Post Insurance P.O. Box 8447 Boise, ID. 83707 AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. - AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE„ N.W.; WASHINGTON, D.C. 20006 A312-1984 1 THIRD PRINTING - MARCH 1987 I The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. 3 If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Subparagraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, tender payment therefore to the Owner; or .2 Deny liability in whole or in part and notify the Owner citing reasons therefore. 5 If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6 After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for: 6.1 The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or if not liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non- performance of the Contractor. 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. 8 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 9 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 THIRD PRINTING • MARCH 1987 A312-1984 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. 11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12 DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Name and Title: Address: Signature: Name and Title: Address: AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND . DECEMBER 1984 ED.. AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20008 A312-1964 3 THIRD PRINTING • MARCH 1987 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A392 Bond# 2196505 Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): Owyhee Construction, Inc. North American Specialty Insurance Company At 6434 W. Gowen Rd. 650 Elm Street Boise, ID 83709 Manchester, NH 03101 OWNER (Name and Address): City of Meridian 33 E. Broadway Ave, Suite 106 Meridian, ID 83642 CONSTRUCTION CONTRACT Date: May 1, 2015 Amount: $115,069.00 Description (Name and Location): Water Line Replacement - Loch Meadow and Laughridge - Construction BOND Date (Not earlier than Construction Contract Date): May 4, 2015 Amount: $115,069.00 Modifications to this Bond: ❑ None X See Page 6 CONTRACTOR AS PRINCIPAL SURETY Company: orporate Seal) Company: (Corporate Seal) Owyhee Constr i n, I North AmericaWspecialry e Company Signat Signature:/ Name and i Name and Title: TerryRobb Attorney-ln-Fact (Any a itional signatures appear on 9 pp page 6) (FOR INFORMATION ONLY - Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect;' Engineer or other parry): Post Insurance P.O. Box 8447 Boise, ID. 83707 NIA AIA DOCUMENT A312 . PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED. • AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W,, WASHINGTON, D.C, 20008 A312-1984 4 THIRD PRINTING . MARCH 1987 I The Contractor and the Surety, jointly and severally, bind thoinselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference. 2 With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment furnished for use In the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due. 4. The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor. .1 Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and 6 When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10 The Surety hereby waives notice of any change, Including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. .2 Have either received a rejection in whole or in 12 Notice to the Surety, the Owner or the Contractor shall part from the Contractor, or not received within be mailed or delivered to the address shown on the 30 days of furnishing the above notice any signature page. Actual receipt of notice by Surety, the communication from the Contractor by which Owner or the Contractor, however accomplished, shall be the Contractor has indicated the claim will be sufficient compliance as of the date received at the address paid directly or indirectly; and shown on the signature page. .3 Not having been paid within the above 30 13 When this Bond has been furnished to comply with a days, have sent a written notice to the Surety statutory or other legal requirement in the location where the (at the address described in Paragraph 12) construction was to be performed, any provision in this Bond and sent a copy, or notice thereof, to the conflicting with said statutory or legal requirements shall be Owner, stating that a claim is being made deemed deleted herefrom and provisions conforming to under this Bond and enclosing a copy of the such statutory or other legal requirement shall be deemed previous written notice furnished to the incorporated herein. The intent is that this Contractor. 5 If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is sufficient compliance. AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED.. AIAQD THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORKAVE., N.W., WASHINGTON, D.C. 20008 A312-1984 THIRD PRINTING ■ MARCH 1987 Bond shall be construed as a statutory bond and not as a common law bond. 14 Upon request by any person or entity appearing to be a Potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15 DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. Paragraph 6 of this Bond is deleted in its entirety and replaced with the following provision: When the claimant has satisfied the conditions of Paragraph 4, and has submitted all supporting documentation and any proof of claim requested by the Surety, the Surety shall, within a reasonable period of time, but not more than 120 days, notify the Claimant of the amounts that are undisputed and the basis for challenging any amounts that are disputed, including but not limited to, lack of substantiating documentation to support the claim as to entitlement or amount, and the Surety shall, within a reasonable time, but not more than 120 days, payor make arrangements for payment of any undisputed amount; provided, however, that the failure of the Surety to timely discharge of its obligations under this paragraph or to dispute or identify any specific defense to all or any part of a claim shall not be deemed to be an admission of liability by the Surety as to such claim or otherwise constitute a waiver of the Contractor's or Surety defenses to or right to dispute such claim. Rather, the Claimant shall have the immediate right, without further notice, to bring suit against Surety to enforce any remedy available to it under this Bond. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Name and Title: Address: Signature: Name and Address: Title: AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED.. AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20008 A312-1984 6 THIRD PRINTING • MARCH 1987 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg, Illinois, each does hereby make, constitute and appoint: TERRY S. R013n, WILLIAM F. POST and MARY JAQUiER JOINTLY OR SEVERALLY Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: FIFTY MILLION ($50,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington Intemational Insurance Company at meetings duly called and held on the 91h of May, 2012: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." OQ�' 4jtghg N 1 � pauwa 6 bhPpji� G f6 ..IONq(� B �i'�, Steven P. Anderson, Senior Vice President of Washington International Insurance Company `e! . 5` m 1p7 & Senior Vice President or North American Specialty Insurance Companyii hiuimulma\\a .��a .� David M. Layman, Vice President of washlnpon international Insurance Company ...as •. & Vice President of North American Specialty Insurance Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this26th day of June 2012 , North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook ss: On this 26th day of _ June 20 12 , before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman , Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. MNOFCIAISEAL" r z Notary Public, State ofilinols Donna D. Sklens, Notary Pub licmmission EXPIM 10/06015 I, Jeffrey Goldberg —the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 4 day of May .20 15 Jaffray Goldberg, Vice President & Assistant Secretary of Washington International Insurance Company & North American Specialty Insurance Company Meridian City Council Meeting DATE: May 12, 2015 ITEM NUMBER: 5P PROJECT NUMBER: ITEM TITLE: Approval of Change Order No. 1 to Schmidt Construction Co., Inc. for the "NW 8th STREET SEWER TRUNK MAIN - PHASE 3 BROADWAY TO CHERRY LANE" Project for the Not -To -Exceed amount of $133,612.66 MEETING NOTES APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Memo To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: Jacy Jones, Brent Blake Date: 5/6/2015 Re: May 12th City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the May 12u' City Council Consent Agenda for Council's consideration. Approval of Change Order No. 1 to Schmidt Construction Co., Inc. for the "NW 8t" STREET SEWER TRUNK MAIN — PHASE 3 BROADWAY TO CHERRY LANE" project for a Not -To -Exceed amount of $133,612.66. Recommended Council Action: Approval of Change Order No.1 to Schmidt Construction Co., Inc. for the Not -To -Exceed amount of $133,612.66. Thank you for your consideration. • Page 1 C17YOF MISRIMAN 33 EAST BROADWAY MERIDIAN, 10 83042 CONTRACT CHANGE ORDER 00*4000V 10 hdVaIiy dlioated to Mok4 tho.lbliowlno changes fr6rh the Coolvaot b0our"Ghtg; and Plans. REFER TO ATTACHED CHANGE ORDER DOCUMENTS FROM SCHMIDT CONSTRUCTION 1060.00 fpr Change Order, 0DITIONAL-WORK'NEEDED. TO COMPLETE THE PROJECT (sea attached). ALSO ADDED THE -OLLOWING QUANTITIESTO THE. PROJEOT.-2,690 SY OF -TYPr=.'P SURFACE RESTORATION; 03 LF if 8 -INCH dRAVIT"Y �kftk_PIPE; -4,606 TON"6 OF 8 -INCH MINUS' UNORU-SHED AGGREGATE; -1 8 OF DEWATERING;' -1,188 SY'OF MISCELLANEOUS PAVEMENT; -80 LFOF 4 -INCH SEWER ERVICE EINE, I 'Original Cojv6k4j.pfjb6 Ofloi6s I contmot TIM60: days NO C11006810TYn Pravlaft.6fiangs 6rdore Net changes torn prov-1oulChano-o- Orders No.— to $0,00 N6._,. to (eojoflldoroaya) days Contract Ofte Prior to this Chm"pOrder, Coriftept Times Prlor to (his Change Order. $34040340 ("lefidir do") days Nit Inoresse (d"vosss).of th4 Change Order. Not i lhorosoo.(doorease) of this Chinp r Orde 411$11*12." —days COA086t Price With Oil Apip�oi4d 0006jiOMew, "iendardays) days APPROVED; (qtypol 'Ma l ACCEPTED' by:. Keith Waft by: Data: s U41, REMME _NDE0 ylp*d ma"aiii") — — — DATE ED:BY BY WUNCIL BY! 15 It- AU, -0 NO'S - ION ' ATURE REQUIRED /� IMO)v. do Wma�Elk�ID�;rk, joy44 L. Holffiso Tq . n;o < JDED: (City Engineering Managerk,'_____7r%'_P_ALL r W W 0 z Q 2 V M W U) a IL z Y z H W W N H W W H U) H co z 0 0d O O 0 O cqo o o o o Nt 0 �0) ti w L LO Cf)p i M 649, It M 00 64 i i 6% I" W N d OD d o o 0 0 0 0 0 0. =' N OD M O O � O N Itc pLL 0 J 0 o U J >- (n w J 'c a o w > O Y Z CLY C z� a� �omw wa`) 200 -0 - moo �vwa, Nc �o (D Z>cs WQf° w - C N coo U) a a W a= O d-0 Cl U a F -Z QQQ'c d=> Z� af o d C o•° (> �, 2 U) °-�0 J C N Q w•o Q N CO w> N 2 -> m E c > U > 0 W N_ N`t j Q Q N = Q Q Q a N c LU X0 Q U) � J U W N _aw a>w m>� Z"= rn Q wa`� m wa o a) .S N> N V U C (V >'+� U N 0 0 D } of '�� ao 0 W W �H �.Q CO 2 F-cW 3 0 co>S c`- U U) D m H Q T7 r- r- r- Z o0 o ao <., Q OU E o r z I M N 00 LO d' LO M LL W J F- O F- s • • 15883 Robber Place Caldwell, Idaho 83807 208.459.2461 (Tel) 208.453.4988 (Fax) 208.941.1948 (Cell) City of Meridian Change Order Request 3/20/2015 Bill Schmidt NW 8th Street Trunk Sewer Main - Broadway to Cherry - Phase 3 President Project #15-10330.A Id Public Works Lic #PWC-C-16406-AAA-1 Expires: 6/30/2015 Waterline Replacement Line Al Qt Unit Description Unit Cost Extended Cost 1 20 LF 6" C900 $5.23 $104.60 2 2 EA 6" Long Sleeves $87.50 $175.00 3 4 EA Accessory Packs $60.79 $243.16 4 2 HR Pie Laborer / Foreman $112.50 $225.00 5 0.5 HR 225D Excavator $200.00 $100.00 6 2 HR Service Truck $50.00 $100.00 7 1 LS Per ISPWC, Article 12 allowance of 15% for OH & Profit $142.16 Total $1089.92 Subrnaftk .' ivaiazofvAiSahM4de6 Dates NarvA,20, 2015 William M Schmidt Schmidt Construction Co Inc d • • 15883 Robber Place Caldwell, Idaho 83607 208.459.2461 (Tel) 208.453.4968 (Fax) 208.941.1948 (Cell) City of Meridian Change Order Request 4/1/2015 Bill Schmidt NW 8th Street Trunk Sewer Main - Broadway to Cherry - Phase 3 President Project #15-10330.A Id Public Works Lic #PWC-C-16406-AAA-1 Expires: 6/30/2015 Waterline Break on Washington Street Line # Qty Unit Description Unit Cost Extended Cost 1 40 LF 6" C900 $5.23 $209.20 2 2 EA 6" Long Sleeves $87.50 $175.00 3 4 EA Accessory Packs $60.79 $243.16 4 6 HR Superintendent $125.00 $750.00 5 6 HR Foreman $60.00 $360.00 6 6 HR Operator $45.00 $270.00 7 6 HR Laborer $45.00 $270.00 8 6 HR Laborer $45.00 $270.00 9 6 HR Laborer 1HR $45.00 $270.00 10 3 350G Excavator $175.00 $525.00 11 1 HR 225CLC Excavator $125.00 $125.00 12 1 HR 724KLoader $195.00 $195.00 13 6 HR Service Truck $50.00 $300.00 14 1 LS Hydro Cleaning and Removal of Haz Waste $762.50 $762.50 15 1 LS Per ISPWC, Article 12, allowance of 15% for OH & Profit $708.73 Total $5,433.59 lry.' lye 'ia vel Schnu car Dates' �r:L1, 2015 William M Schmidt Schmidt Construction Co Inc s +� �_� ' • am 15883 Robber Place Caldwell, Idaho 83607 208.459.2461 (Tel) 208.453.4968 (Fax) 208.941.1948 (Cell) City of Meridian Change Order Request #3 4/6/2015 Bill Schmidt NW 8th Street Trunk Sewer Main - Broadway to Cherry - Phase 3 President Project #1 5-10330.A Id Public Works Lic #PWC -C-1 6406 -AAA -1 Expires: 6/30/2015 Explorato Excavation & Repair at 625 W. Carlton Line #1 Qty I Unitj Description Unit Cost I Extended Cost Exploratory Excavation 1 4 HR Su erintendant $125.00 $500.00 2 4 1HR HR Foreman $60.00 $240.00 3 4 HR Laborer Pie Layer) $45.00 $180.00 4 4 Laborer Pie Layer) $45.00 $180.00 5 4 HR 305 Cat Mini Excavator $95.00 $380.00 6 4 HR Service Truck $50.00 $200.00 TOTAL EXPLORATORY EE $1,680.00 Concrete Prep & Repair 1 2 HR Foreman $60.00 $120.00 2 2 HR Laborer General $30.00 $60.00 3 2 HR Laborer General $30.00 $60.00 4 1 HR Cat 225D Excavator $150.00 $150.00 5 1 HR Cat 279C Skidsteer $250.00 $250.00 6 1 HR Service Truck $50.00 $50.00 7 1 EA Traffic Rated Cleanout Materials Only) $142.00 $142.00 8 60 SF Concrete - Sidewalk 12' x 5' $15.75 $945.00 9 156 SF Concrete - Driveway (12'x 13' $15.75 $2,457.00 TOTAL CONCRETE & REPAIR $4,234.00 TOTAL EE & REPAIR $5,914.00 1 LS Per ISPWC, Article 12, allowance of 15% for OH & Profit $887.10 Total $6,801.10 Sal mared� by, .• I.tha,zs Al Schm4& Date,, 6, 201 S William M Schmidt Schmidt Construction Co Inc 1 + ^ I J • • I 15883 Robber Place Caldwell, Idaho 83607 208.459.2461 (Tel) 208.453.4968 (Fax) 208.941.1948 (Cell) City of Meridian Change Order Request #4 4/6/2015 NW 8th Street Trunk Sewer Main - Broadway to Cherry - Phase 3 Project #15-10330.A id Public Works Lic #PWC -C -16406 -AAA -1 Expires: Bill Schmidt President 6/30/2015 Ex lorato Excavation & Repair at 613 W. Carlton Line #1 Qty I Unitj Description Unit Cost I Extended Cost Exploratory Excavation 1 5 HR Foreman $60.00 $300.00 2 5 HR Laborer Pie Layer) $45.00 $225.00 3 5 HR 305 Cat Mini Excavator $95.00 $475.00 4 5 HR Service Truck $50.00 $250.00 TOTAL EXPLORATORY EE $1,250.00 Concrete Prep & Repair 1 2 HR Foreman $60.00 $120.00 2 2 HR Laborer General $30.00 $60.00 3 2 HR Laborer General $30.00 $60.00 3 1 HR John Deere 225D Excavator $175.00 $175.00 4 1 HR Cat 279C Skidsteer $250.00 $250.00 5 1 HR Service Truck $50.00 $50.00 6 1 EA Traffic Rated Cleanout Materials Only) $142.00 $142.00 7 60 SF Concrete -Sidewalk (12'x 5' $15.75 $945.00 TOTAL CONCRETE & REPAIR $1,802.00 TOTAL EE & REPAIR $3,052.00 1 LS Per ISPWC, Article 12, allowance of 15% for OH & Profit $457.80 Total $3,509.80 sulrmarea lry • waz; M schmat Dates• fi ra 6, 2015 William M Schmidt Schmidt Construction Co Inc s 1 • • 15883 Robber Place Caldwell, Idaho 83607 208.459.2461 (Tel) 208.453.4968 (Fax) 208.941.1948 (Cell) City of Meridian Change Order Request #5 4/6/2015 Bill Schmidt NW 8th Street Trunk Sewer Main - Broadway to Cherry - Phase 3 President Project #15-10330.A Id Public Works Lic #PWC-C-16406-AAA-1 Expires: 6/30/2015 Exploratory Excavation at 561 W. Carlton Line #1 Qty I Unit Description Unit Cost I Extended Cost Exploratory Excavation 1 4 HR Foreman $60.00 $240.00 2 4 HR Laborer Pie Layer) $45.00 $180.00 3 5 HR Laborer (Pipe Layer) $45.00 $225.00 4 4 HR 305 Cat Mini Excavator $95.00 $380.00 5 4 HR Service Truck $50.00 $200.00 TOTAL EXPLORATORY $1,225.00 1 LS Per ISPWC, Article 12, allowance of 15% for OH & Profit $183.75 Total j $1,408.75 S"bm, tte.-.i�rry" Gt a&a4,;vMSchmtidt Data) >4 `r.L6, 2015 William M Schmidt Schmidt Construction Co Inc s = I Lidian 15883 Robber Place Caldwell, Idaho 83607 208.459.2461 (Tel) 208.453.4968 (Fax) 208.941.1948 (Cell) Change Order Request #6 4/6/2015 Bill Schmidt NW 8th Street Trunk Sewer Main - Broadway to Cherry - Phase 3 President Project #15-10330.A Id Public Works Lic #PWC -C -16406 -AAA -1 Expires: 6/30/2015 Explorato Excavation at 650 W. Washington St. Line # Qty jUnitjDescription I Unit Cost I Extended Cost Exploratory Excavation 4/2/2015 1 4 HR Foreman $60.00 $240.00 2 4 HR Laborer Pie Layer) $45.00 $180.00 3 4 HR 305 Cat Mini Excavator $95.00 $380.00 4 4 HR Service Truck $50.00 $200.00 TOTAL EXPLORATORY $1,000.00 Exploratory Excavation 4/3/2015 1 1.5 HR Superintendent $125.00 $187.50 2 1.5 HR Foreman $60.00 $90.00 3 1.5 HR Foreman $60.00 $90.00 4 1.5 HR Laborer (Pipe Layer) $45.00 $67.50 5 1.5 HR Laborer Pie Layer) $45.00 $67.50 6 1.5 HR 305 Cat Mini Excavator $95.00 $142.50 7 1.5 HR Service Truck $50.00 $75.00 TOTAL EXPLORATORY $720.00 Exploratory Excavation 4/6/2015 1 1 HR Foreman $125.00 $125.00 2 0.5 HR 305 Cat Mini Excavator $95.00 $47.50 3 1.5 HR Service Truck $50.00 $75.00 TOTAL EXPLORATORY $247.50 GRAND TOTAL EXPLORATORY $1,967.50 1 LS Per ISPWC, Article 12, allowance of 15% for OH & Profit $295.13 Total $2,262.63 S"bm ttew' Iry - wr; &r* m schmat Data• -6,2015 William M Schmidt Schmidt Construction Co Inc 1Caldwell, • I 666.61ffl- 15883 Robber Place Idaho 83607 208.459.2461 (Tel) 208.453.4968 (Fax) 208.941.1948 (Cell) City of Meridian Change Order Request #7 4/6/2015 NW 8th Street Trunk Sewer Main - Broadway to Cherry - Phase 3 Project #15-10330.A Id Public Works Lic #PWC -C -16406 -AAA -1 Expires: Bill Schmidt President 6/30/2015 Ex lorato Excavation at 651 W. Washington St. Line #1 Qty I Unitj Description Unit Cost I Extended Cost Exploratory Excavation 1 2 HR Foreman $60.00 $120.00 2 2 HR Laborer Pie Layer) $45.00 $90.00 3 2 HR 305 Cat Mini Excavator $95.00 $190.00 4 2 HR Service Truck $50.00 $100.00 TOTAL EXPLORATORY $500.00 1 LS Per ISPWC, Article 12, allowance of 15% for OH & Profit $75.00 Total $575.00 sul>y1 at W i,)I. • way 1v schmr, r vat&' 6, 2015 William M Schmidt Schmidt Construction Co Inc s = ' • � • 15883 Robber Place Caldwell, Idaho 83607 208.459.2461 (Tel) 208.453.4968 (Fax) 208.941.1948 (Cell) City of Meridian Change Order Request #8 4/6/2015 Bill Schmidt NW 8th Street Trunk Sewer Main - Broadway to Cherry - Phase 3 President Project #15-10330.A Id Public Works Lic #PWC -C -16406 -AAA -1 Expires: 6/30/2015 Explorato Excavation at 1401 NW 7TH Street Line #1 Qt I Unitl' Description Unit Cost I Extended Cost Exploratory Excavation 1 4 HR Foreman $60.00 $240.00 2 4 HR Laborer Pie Layer) $45.00 $180.00 3 4 HR 305 Cat Mini Excavator $95.00 $380.00 4 4 HR Service Truck $50.00 $200.00 TOTAL EXPLORATORY $1,000.00 1 LS Per ISPWC, Article 12, allowance of 15% for OH & Profit $150.00 Total $1,150.00 sabm ate' lry wa&-1 "M/V sc mals t Date/ 6, 2015 William M Schmidt Schmidt Construction Co Inc s 15883 Robber Place Caldwell, Idaho 83607 208.459.2461 (Tel) 208.453.4968 (Fax) 6• 208.941.1948 (Cell) City of Meridian Change Order Request #9 4/15/2015 Bill Schmidt NW 8th Street Trunk Sewer Main - Broadway to Cherry - Phase 3 President Project #15-10330.A Id Public Works Lic #PWC-C-16406-AAA-1 Expires: 6/30/2015 NW 7TH Street - Excavation and Replacement of Soft Spots Line # Qty I Unitj Description Unit Cost Extended Cost 1 1 1 LS Knife River CO #1 $20,850.00 $20,850.00 (A). Change Order to include, excavation of 12" of unsuitable material, placing geotextile fabric, importing 16" of Pit Run and 4" of 3/4" road mix,by direction of ACRD. Tina Loiue (B). Contract bid price on Line Item #307.4.1.G.1 Type P Surface Restoration to remain the same as original to offset additional work required to use end dump trucks, back into the area, cover and fill over fabric to avoid pumping of the subgrade. 1 LS Per ISPWC, Article 12, allowance of 15% for OH & Profit $3,127.50 Total $23,977.50 Submared by." Ula& *;vA/ Sc,/ midt Data) 15, 2015 William M Schmidt Schmidt Construction Co Inc 7CONSTR'UCT-OIN 15883 Robber Caldwell, Idaho f 208.459.2461 208.453.4968 208.941.1948 City of Meridian Change Order Request #10 4/21/2015 Bill Schmidt NW 8th Street Trunk Sewer Main - Broadway to Cherry - Phase 3 President Project #15-10330.A Id Public Works Lic #PWC -C -16406 -AAA -1 Expires: 6/30/2015 NW 7TH Street - Excavation and Replacement of Soft Spots & Concrete Collars Line # Qty Unit Description Unit Cost Extended Cost 1 1 LS Knife River CO #2 $3,465.00 $3,465.00 2 7 EA Concrete Collars on existing water va ves no included in original contract $200.00 $1,400.00 Chan a Order Sub -Total $4,865.00 1 LS Per ISPWC, Article 12, allowance of 15% for OH & Profit $729.75 Total $5,594.75 S� Uy' ��'1 S� Date-' i4prz L21, 2015 I I I (William M Schmidt Schmidt Construction Co Inc (A). Change Order includes, excavation of additional 12" to 16" of unsuitable material, re -placing geotextile fabric, importing additional 12" to 16" of Pit Run and reshaping and recompacting the 4" of 3/4" road mix,by direction of ACHD. Tina Louie (B). Contract bid price on Line Item #307.4.1.G.1 Type P Surface Restoration to remain the same as original to offset additional work required to use end dump trucks, back into the area, cover and fill over fabric to avoid pumping of the subgrade. `1 I �_! 6" • • 15883 Robber Place Caldwell, Idaho 83607 208.459,2461 (Tel) 208.453.4968 (Fax) 208.941.1948 (Cell) City of Meridian Change Order Request #11 4/30/2015 NW 8th Street Trunk Sewer Main - Broadway to Cherry - Phase 3 Project #15-10330.A Id Public Works Lic #PWC -C -16406 -AAA -1 Expires: Bill Schmidt President 6/30/2015 LLe_! Qty Unit Description Unit Cost Extended Cost 1 1 LS Concrete Work Washington Street $1,075.00 $1,075.00 1 LS Per ISPWC, Article 12, allowance of 15% for OH & Profit $161.25 Total $1,236.25 skew' 1y -1T a&a v11 Schoudr vlatra.' 30, 2015 William M Schmidt Schmidt Construction Co Inc (A). Change Order includes, removal of existing concrete curb/gutter and sidewalk, removal of additional native material to allow 4" of 3/4" road mix placed and compacted, placement of new concrete curb/gutter and sidewalk. Brent Blake From: Jim Buffington <jbuffington@achdidaho.org> Sent: Monday, May 04, 2015 1:48 PM To: Brent Blake; Jim Pickard; Kyle Radek Cc: Scott Frisbie; Tina Louie Subject: RE: NW 8th Street Phase 3 (Roadway Replacement) Yes, That's fine. Thank You, Jim From: Brent Blake [mailto:bblake@meridiancity.org] Sent: Monday, May 04, 2015 1:42 PM To: Jim Pickard; Kyle Radek Cc: Jim Buffington; Scott Frisbie; Tina Louie Subject: NW 8th Street Phase 3 (Roadway Replacement) Hi Jim, I am in the process of initiating an invoice to ACHD for the following items and amounts: $33,460.00 for half the propose repair cost of 7th Street North of Carlton, $2,828.00 dollars for the repair of 101 SY of asphalt at the North West corner of Carlton and 6th Street, and $1,236.00 for Curb, Gutter and Sidewalk Concrete work on Washington Street. Should I have the invoice sent directly to you? Thanks, 31-e t,4. Engineering Project Manager City of Meridian Public Works 33 E. Broadway Ave., Suite 200 Meridian Idaho 83642 P. (208) 898-5500 F. (208) 898-9551 From: Jim Pickard [maiito:jpickard@achdidaho.org] Sent: Wednesday, April 08, 2015 10:36 AM To: Kyle Radek Cc: Jim Buffington; Brent Blake; Scott Frisbie; Tina Louie Subject: RE: NW 8th Street Phase 3 (Roadway Replacement) Kyle, Per our discussion this morning ACHD will pay for $33,460 or half of the proposed repair cost for 7th Street North of Carlton, as depicted on provided map. Any soft spot repair encountered within that area will be the responsibility of Meridian City and Schmidt Construction. ACHD also agrees to pay $2,828 for the repair of 101 SY at the North West corner of Carlton and 6th depicted in blue on the map. 5U12� Please feel free to call me with any questions or comments. Thanks, J 'vin. T -1,4%a rol Zone Inspection Coordinator Ada County Highway District Desk: 208-387-6308 Cell: 208-860-6621 jpickard@achdidaho.org "We drive quality transportation for all Ada County -- Anytime... Anywhere!" From: Kyle Radek [mailto:kradek@meridiancity.org] Sent: Wednesday, April 08, 2015 9:30 AM To: Jim Pickard Cc: Jim Buffington; Brent Blake Subject: FW: NW 8th Street Phase 3 (Roadway Replacement) Jim, This is our proposal for cost share on the pavement restoration on our 8'" street project. As Brent indicated below, Schmidt proposes the bid price for these extended quantities. Of course we're always in a hurry, so your quick response is appreciated. I am going to be at ACHD for the Stormwater Manual update meeting tomorrow at 10 and could meet with you before if you have time. Thanks, Kyle Radek, PE, CFM Assistant City Engineer Meridian Public Works From: Brent Blake Sent: Wednesday, April 08, 2015 8:06 AM To: Kyle Radek Cc: Murray Jones Subject: NW 8th Street Phase 3 (Roadway Replacement) Kyle Attached is a map indicating the estimated areas of asphalt replacement as discussed during the on-site meeting with ACHD held on 4-3-2015. Can you forward this to Jim Pickard and Jim Buffington to negotiate a share cost payment plan? Schmidt has indicated in the below e-mail that the original bid price ($28/SY) for type P surface restoration will honored. Thanks, Engineering Project Manager City of Meridian Public Works 33 E. Broadway Ave., Suite 200 Meridian Idaho 83642 Item Description Unit No. 307.4.1.G.1 TYPE P SURFACE RESTORATION FOR SEWER MAIN TON (ROW ONLY) - (includes road base and pit run) GRAVITY SEWER PIPE SIZE 8" PVC 501.4.1.13.1 (includes excavation, bedding, backfill, etc.) LF 8" MINUS UNCRUSHED AGGREGATE (only if approved by the City of Meridian in writing) 306.4.1.D.1 Ton 205.4.1.13.1 DEWATERING LS MISCELLANEOUS PAVEMENT -TEMPORARY ASPHALT PAVEMENT (only if requested by ACHD and approved by the City of Meridian in writing) 810.4.2 SY SEWER SERVICE LINE, SIZE 4" (includes excavation, bedding, backfill, cleanouts, surface restoration not included in other bid items, potable/non-potable crossing) 504.4.1.A.1 LF Unit Price QTY Total $28.00 2695 $75,460.00 $38.00 63 $2,394.00 $0.40 -4600 -$1,840.00 $300.00 -1 -$300.00 $0.40 -1188 -$475.20 $42.00 80 $3,360.00 $78,598.80 Meridian City Council Meeting DATE: May 12, 2015 ITEM NUMBER: 5Q PROJECT NUMBER: ITEM TITLE: Award Agreement to KUSHLAN ASSOCIATES, LLC. for the "URBAN RENEAL DISTRICT PLANNING" Project for the Not -To -Exceed Amount of $23,850.00 MEETING NOTES uy APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS TEN MILE URBAN RENEWAL PLAN Page 1 of 10 PROJECT # 10523 AGREEMENT FOR PROFESSIONAL SERVICES TEN MILE URBAN RENEWAL PLAN PROJECT NUMBER 10523 THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this 12 th day of May 2015, 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 Kushlan Associates, hereinafter referred to as “CONSULTANT,” whose business address is P.O. Box 8463, Boise, ID 83707. INTRODUCTION Whereas, the CITY has a need for services involving URBAN RENEWAL DISTRICT PLANNING 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: TERMS AND CONDITIONS 1. 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. 1.3 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 at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the CONSULTANT and any reports or opinions prepared or issued as part of the work performed by the CONSULTANT under this Agreement, TEN MILE URBAN RENEWAL PLAN Page 2 of 10 PROJECT # 10523 CONSULTANT makes no other warranties, either express 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 Not-to-Exceed basis as provided in Attachment B “Payment Schedule” attached hereto and by reference made a part hereof for the Not-to-Exceed amount of $23,850.00. 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, 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 upon completion of the agreed upon services, December 31, 2015, or unless some other method or time of termination is listed in Attachment A. TEN MILE URBAN RENEWAL PLAN Page 3 of 10 PROJECT # 10523 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: 5.1 CONSULTANT shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance in the minimum amounts as follows: 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 Five Hundred Thousand Dollars ($500,000) 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 the General Liability policy. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY. CONSULTANT shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONSULTANT'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date CONSULTANT begins performance of its obligations under this Agreement. In the event the insurance minimums are changed, CONSULTANT 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. 5.2 To the extent permitted by law, CONSULTANT shall defend, 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, but only to the extent arising out of, resulting from, or in connection with the negligent acts and/or errors or omissions by the CONSULTANT, its servants, agents, officers, employees, guests, and business invitees and not caused by or arising out of the tortuous conduct of CITY or its agents or employees. TEN MILE URBAN RENEWAL PLAN Page 4 of 10 PROJECT # 10523 To the extent permitted by law, CITY shall defend, indemnify, and save and hold harmless CONSULTANT 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, but only to the extent arising out of, resulting from, or in connection with the negligent acts and/or errors or omissions by the CITY, its servants, agents, officers, employees, guests, and business invitees and not caused by or arising out of the tortuous conduct of CONSULTANT or its agents or employees. 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: 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. CITY CONSULTANT City of Meridian Kushlan Associates Purchasing Manager Attn: Phil Kushlan 33 E Broadway Ave P.O. Box 8463 Meridian, ID 83642 Boise, ID 83707 208-888-4433 Phone: 208-433-9352 Email: kwatts@meridiancity.org Email: pkushlan@fiberpipe.net TEN MILE URBAN RENEWAL PLAN Page 5 of 10 PROJECT # 10523 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. 11. Reports and Information: 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 TEN MILE URBAN RENEWAL PLAN Page 6 of 10 PROJECT # 10523 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 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 1 any such release. 21. Confidentiality: CONSULTANT understands and acknowledges that all tests and results (confidential information) are intended solely for the CITY. CONSULTANT agrees to hold all confidential information in confidence and will not disclose the confidential information to any person or entity without the express prior written consent of CITY. 22. 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. 23. Approval Required: This Agreement shall not become effective or binding until approved by the CITY of Meridian. CITY OF MERIDIAN KUSHLAN ASSOCIATES BY: Z "�_ BY.— /i TAMMY de ERD, MAYOR L KUSH N Dated: 5- /.? -/ }/ Dated: / / Z U!S-- Approved by Council: 'Yr)< < /, --1.�:_/ 0,KS ' •COST 044 119 2G �� A / / t ' city of , r IDIANt .l. ' �{��% IDAHD J" if.� HOLMAN, CITY CLER SEAL �w yfA. £�°!the TAE h01% Purchasing Approval Community D-velopment D=partment Approval `-.--,,w BY: BY: ��i � � KEIT ATTS, Purchaging Manager Bruce Chattert•n, Director N Dated:: -5//41// Dated:: 5 /////5 TEN MILE URBAN RENEWAL PLAN Page 7 of 10 PROJECT#10523 TEN MILE URBAN RENEWAL PLAN Page 8 of 10 PROJECT # 10523 Attachment A SCOPE OF WORK Consideration of the establishment of an urban renewal district CONSULTANT will assist and support the Mayor, City Council and staff of the City of Meridian as well as the Commission, and staff of the Meridian Development Corporation in their consideration of the establishment of an urban renewal district within the City of Meridian in the general area of the Ten Mile interchange. The elements of the project are anticipated to be as follows: • Project Initiation, • Preparation of an Eligibility Report consistent with the requirements of the Idaho Urban Renewal Law, • Development of an Urban Renewal Plan for consideration by the Urban Renewal Agency Board and City Council, • Finalization of the Plan. Additions to the scope of work may be negotiated by the parties as needed. TEN MILE URBAN RENEWAL PLAN Page 9 of 10 PROJECT # 10523 Attachment B MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $23,850.00. TASK DESCRIPTION AMOUNT TASK 1 PROJECT INITIATION • Develop over-all Plan $600.00 • Meet with City Council $600.00 • Meet with MDC Commission $600.00 • Meet with City / Agency Staff $600.00 • Meet with Developer $600.00 • Meet with other Stakeholders $600.00 Task 1 Total $3,600.00 TASK 2 ELIGIBILITY REPORT • Research $3000.00 • Draft Report $3600.00 • Meet with City / Agency Staff $300.00 • Modify Draft $150.00 • Meet with MDC Commission $300.00 • Meet with City Council $300.00 Task 2 Total $7,650.00 TASK 3 URBAN RENEWAL PLAN • Research $1500.00 • Draft Plan $5400.00 • Financial Feasibility Analysis $3000.00 • Meet with CityCity / Agency Staff $600.00 • Meet with MDC Commission $600.00 TEN MILE URBAN RENEWAL PLAN Page 10 of 10 PROJECT # 10523 • Meet with City Council $300.00 • P& Z Commission Meeting $300.00 • Circulate Draft Plan to Taxing Entities $300.00 • City Council Hearing $300.00 Task 3 Total $12,300.00 TASK 4 FIANALIZING THE PLAN • File Plan with County Assessor $150.00 • File plan with State Tax Commission $150.00 Total Task 4 $300.00 TOTAL $23,850.00 4849-8448-0291, v. 4 Meridian City Council Meeting DATE: Mav 12, 2015 ITEM NUMBER: 6 PROJECT NUMBER: ITEM TITLE: 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 Meridian City Council Meeting DATE: May 12, 2015 ITEM NUMBER: 7A PROJECT NUMBER: ITEM TITLE: Community Development: Annual Update MEETING NOTES 7QI Community Item/Presentations Presenter Contact Info./Notes . CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: May 12, 2015 ITEM NUMBER: 7B PROJECT NUMBER: ITEM TITLE: Meridian Development Corp. Annual Report Presentation MEETING NOTES N C) F r�r--) Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS PA G E 3 - - - E x e c u t i v e S u m m a r y PA G E 4 - - - B o a r d o f C o m m i s s i o n e r s PA G E 5 - - - B o a r d o f C o m m i s s i o n e r M e e t i n g s PA G E 6 - - - D o w n t o w n I n v e s t m e n t , D o w n t o w n P a r k i n g PA G E 7 - - - D o w n t o w n I n v e s t m e n t , S t r e e t s c a p e I m p r o v e m e n t P r o g r a m PA G E S 8 - 9 - - - D o w n t o w n I n v e s t m e n t , W a y f i n d i n g a n d S i g n a g e P r o g r a m PA G E 1 0 - - - D o w n t o w n I n v e s t m e n t , D o w n t o w n B r a n d i n g PA G E 1 1 - - - D o w n t o w n P a r t n e r s h i p , T r e a s u r e V a l l e y C h i l d r e n ’ s T h e a t r e PA G E 1 2 - - - D o w n t o w n P a r t n e r s h i p , C i t y o f M e r i d i a n P a r k s D e p a r t m e n t PA G E 1 3 - - - D o w n t o w n P a r t n e r s h i p , C i t y o f M e r i d i a n H i s t o r i c a l P r e s e r v a t i o n C o m m i s s i o n PA G E 1 4 - - - D o w n t o w n P a r t n e r s h i p , C i t y o f M e r i d i a n A r t s C o m m i s s i o n PA G E 1 5 - - - I n i t i a t i v e s , D o w n t o w n M u l t i - P u r p o s e C e n t e r E x p l o r a t i o n PA G E 1 6 - - - C o m i n g i n 2 0 1 5 PA G E 1 7 - - - - I n C o n c l u s i o n AP P E N D I X A - - - M D C F i s c a l Y e a r 2 0 1 4 A n n u a l A u d i t MD C 2 0 1 4 A n n u a l R e p o r t To t h e W o n d e r F i l l e d P e o p l e w h o C a r e a b o u t M e r i d i a n : It i s n o t b y a c c i d e n t y o u a r e r e a d i n g t h i s r e p o r t . Y o u , l i k e m a n y o f u s , a r e a b e l i e v e r i n t h i s c o m m u n i t y . W e a r e b l e s s e d t o e i t h e r w o r k , l i v e o r pl a y i n M e r i d i a n , a n d t h e f u t u r e i s s o b r i g h t . T h i s i s n o t b y a c c i d e n t t h a t M e r i d i a n i s a g r e a t p l a c e , r a t h e r , i t i s d u e t o a d e d i c a t e d c o r e g r o u p o f in d i v i d u a l s a n d t e a m s o f p e o p l e . T h e M e r i d i a n D e v e l o p m e n t C o r p o r a t i o n i s j u s t o n e o f t h o s e c o r e g r o u p s , a n d w e h a v e d o n e s o m e p r e t t y ex c i t i n g t h i n g s i n t h e y e a r s p a s t , i n c l u d i n g t h i s p a s t y e a r . Ju s t r e c e n t l y w e h a v e h a d e x c i t i n g p r o j e c t s t h a t t h e c o m m u n i t y i s s t a r t i n g t o r e c o g n i z e . F o r s t a r t e r s , f o r t h o s e y o u t h g o i n g t o s c h o o l i n o u r ar e a , w e h a v e a n e w “ H i s t o r i c a l W a l k i n g T o u r ” . N o t o n l y d o M e r i d i a n t h i r d g r a d e s t u d e n t s g e t t o e n j o y t h i s u n i q u e c u l t u r a l e x p e r i e n c e i n o u r co m m u n i t y , b u t a n y o n e w a l k i n g a r o u n d d o w n t o w n w i l l r e c o g n i z e t h e n e w b r i g h t r e d s i d e w a l k s t a m p s i n d i c a t i n g h i s t o r i c a l m a r k e r s . I n pa r t n e r s h i p w i t h t h e c i t y , w e h a v e a c u l t u r a l h e r i t a g e t h a t c a n c o n t i n u e f o r m a n y y e a r s t o c o m e . Sp e a k i n g o f c h i l d r e n , y o u m a y h a v e a l s o n o t e d s o m e n e w a r t i n t h e d o w n t o w n c o r e . T h e s i g n a l b o x o n t h e m a i n i n t e r s e c t i o n i n d o w n t o w n i s no w w r a p p e d b y a y o u t h a r t i s t ’ s d e s i g n , f i l l e d w i t h c o l o r a n d i m a g i n a t i o n . T h i s a r t s p o n s o r s h i p ( i n c o n j u n c t i o n w i t h t h e M e r i d i a n A r t s Co m m i s s i o n ) w i l l s o o n b e h e a d i n g t o a s t r e e t c o r n e r n e a r y o u , a s w e c o n t i n u e o u r g r o w t h / i m p a c t o f a r t a n d c h i l d r e n ’ s p r i d e i n t h e c o m m u n i t y . Mo r e s o , y o u m a y h a v e e v e n a t t e n d e d a n e v e n t o r t w o t h i s p a s t y e a r w i t h T h e T r e a s u r e V a l l e y C h i l d r e n ’ s T h e a t r e ! O n e o f m y d a u g h t e r s w a s a n ac t i v e p a r t i c i p a n t i n t h i s p a s t s u m m e r ’ s “ F r o z e n ” p l a y s . T h i s i s b u t o n e o f a m u l t i t u d e o f c h i l d r e n ’ s t h e a t r i c a l a c t i v i t i e s o c c u r r i n g i n t h e do w n t o w n , w i t h m u c h t h a n k s t o t h e M D C ’ s a b i l i t y t o s p o n s o r a s p a c e f o r a n o n - p r o f i t o r g a n i z a t i o n t o h a v e a n i m p a c t o n t h e c o m m u n i t y . T h i s i s ga i n i n g s o m u c h e x c i t e m e n t , a n d e v e n g r o w i n g i n t o m o r e “ y e t t o c o m e ” o p p o r t u n i t i e s w i t h p e r f o r m i n g a r t s i n t h e d o w n t o w n . We a r e n ’ t j u s t d e d i c a t e d t o c h i l d r e n a n d a r t , b u t t o b u s i n e s s e s , c u l t u r e , a n d b e y o n d . I w o u l d l i k e t o j u s t h i g h l i g h t a f e w o t h e r a c t i v i t i e s t h e MD C h a s e i t h e r b e e n i n v o l v e d w i t h o r c r e a t e d : B r a n d i n g o f D o w n t o w n ( i n c o n j u n c t i o n w i t h t h e M e r i d i a n C h a m b e r o f C o m m e r c e ) W a y f i n d i n g a n d S i g n a g e M a s t e r P l a n a n d I m p l e m e n t a t i o n S t r a t e g i c P l a n n i n g f o r P i n e A v e n u e D e v e l o p m e n t s ( p e d e s t r i a n , v e h i c u l a r , a n d g a t e w a y ) M a s t e r P l a n f o r H i s t o r i c a l L i g h t i n g o n M a i n S t r e e t a n d D e s i g n f o r t h e f i r s t p h a s e M a i n S t r e e t I m p r o v e m e n t s - I s l a n d s P a r t i c i p a t i o n i n t h e n e w D o w n t o w n B u s i n e s s A s s o c i a t i o n D o w n t o w n T r e e P a r t n e r s h i p C o n c e r t s o n B r o a d w a y P a r t n e r s h i p P a r t i c i p a t i o n i n t h e S t e e r i n g C o m m i t t e e L e a d i n g t h e C o n f e r e n c e C e n t e r , H o t e l a n d P e r f o r m i n g A r t s P o t e n t i a l D e v e l o p m e n t Th e C i t y o f M e r i d i a n i s o n e o f t h e g r e a t e s t i n t h e c o u n t r y , a s i t i s r e g u l a r l y b e i n g n o t e d i n p u b l i c a t i o n s n a t i o n w i d e . T h a t i s w h y a r e h e r e p u t t i n g ou r e n e r g y i n t o t h e s e e f f o r t s . W e c a r e , a n d i t h a s b e e n t h e r e s u l t o f a l o n g - t e r m v i s i o n b e i n g i m p l e m e n t e d i n a v a r i e t y o f w a y s . T h e r o l e s a n d re s p o n s i b i l i t i e s o f a n u r b a n r e n e w a l a g e n c y a r e b u t o n e o f t h o s e m a n n e r s , o n e i n w h i c h y o u f i n d t h i s r e p o r t b e i n g d e d i c a t e d . Y e a r s o f s t r a t e g i c pl a n n i n g h a v e b e e n d e v e l o p i n g a v i s i o n t o w a r d s w h a t o u r c i t y u r b a n r e n e w a l a g e n c y d i s t r i c t c a n b e c o m e . T h i s v i s i o n i s o n e t h a t h a s b e e n de v e l o p e d b y t h e s t a k e h o l d e r s a n d i s i m p l e m e n t e d i n a w a y t h a t w i l l i n s p i r e p o s i t i v e o u t c o m e s f o r y e a r s t o c o m e . Wi t h o u t f o c u s a n d d i r e c t a t t e n t i o n o n a t t a i n i n g t h e g o a l s o f i m p o r t a n c e , w e w i l l s i m p l y b e b o b b e r s f l o a t i n g i n a n o c e a n o f p o t e n t i a l . W e l l f o r m e , an d f o r t h o s e o f u s a t t h e M D C , a n d f o r m a n y I s p e a k w i t h o n a d a i l y b a s i s , w e w i l l n o t l e a v e t h e s u c c e s s o f o u r c i t y t o t h e c u r r e n t s … i n s t e a d , we w a n t t o b e a s p e e d b o a t r a c i n g t o w a r d s t h e g o a l s t h a t w e s e t a s v a l u e d a n d i m p o r t a n t . Th a n k y o u f o r y o u r i n t e r e s t , w e v a l u e y o u r t i m e , a n d w e i n v i t e y o u t o j u m p o n b o a r d w i t h u s f o r m a n y m o r e y e a r s o f c o n t i n u e d s u c c e s s ! Be s t W i s h e s , Ji m E s c o b a r , C h a i r m a n MD C 2 0 1 4 A n n u a l R e p o r t A n i n e m e m b e r B o a r d o f C o m m i s s i o n e r s m a k e s u p t h e M e r i d i a n De v e l o p m e n t C o r p o r a t i o n . T h e C o m m i s s i o n e r s a r e a p p o i n t e d b y t h e Me r i d i a n M a y o r a n d C i t y C o u n c i l f o r r o t a t i n g t h r e e - y e a r t e r m s . 20 1 4 L E A D E R S H I P : Ji m E s c o b a r – C h a i r m a n Da n B a s a l o n e – V i c e C h a i r m a n Da v e W i n d e r – S e c r e t a r y / T r e a s u r e r 20 1 4 B O A R D M E M B E R S : Ma y o r T a m m y d e W e e r d Me r i d i a n C o u n c i l M e m b e r K e i t h B i r d Er i c J e n s e n Ca l l i e N o v a k Ki t F i t z g e r a l d Ca l v i n B a r r e t t MD C 2 0 1 4 A n n u a l R e p o r t Th e M e r i d i a n D e v e l o p m e n t C o r p o r a t i o n m e e t i n g s a r e s c h e d u l e d fo r t h e s e c o n d We d n e s d a y o f t h e m o n t h a t 7 : 3 0 a m a n d t h e fo u r t h W e d n e s d a y o f t h e m o n t h a t 4 : 0 0 p m u n l e s s o t h e r w i s e pu b l i c l y n o t i c e d . M e e t i n g s a r e he l d a t t h e M e r i d i a n C i t y H a l l i n t h e N o r t h Co n f e r e n c e R o o m o n t h e m a i n f l o o r a t 3 3 E a s t B r o a d w a y Av e n u e in M e r i d i a n . M D C a l s o h a s a v a r i e t y o f s u b c o m m i t t e e s f o c u s i n g o n s p e c i f i c pr o j e c t s o r i n i t i a t i v e s . S t a k e h o l d e r p a r t i c i p a t i o n i s n o t o n l y we l c o m e b u t a c t i v e l y e n c o u r a g e d . A l l b o a r d a n d s u b c o m m i t t e e me e t i n g s a r e o p e n t o t h e p u b l i c a n d a r e p o s t e d o n ww w . m e r i d i a n d e v e l o p m e n t c o r p . c o m . F o r m o r e i n f o r m a t i o n , pl e a s e c o n t a c t A s h l e y S q u y r e s , M D C A d m i n i s t r a t o r a t me r i d i a n d e v e l o p m e n t c o r p @ g m a i l . c o m . MD C 2 0 1 4 A n n u a l R e p o r t Pa r k i n g h a s b e e n a k e y i n i t i a t i v e o f M D C fo r t h e p a s t f e w y e a r s . I n c o n t i n u a t i o n o f th i s e f f o r t , i n 2 0 1 4 : * M D C c r e a t e d n e w p a r k i n g s p a c e s o n th e s o u t h s i d e o f B r o a d w a y A v e n u e , be t w e e n E a s t S e c o n d a n d E a s t T h i r d St r e e t s . T h i s p a r k i n g a l l o w s f o r ad d i t i o n a l o p p o r t u n i t i e s f o r d o w n t o w n bu s i n e s s o w n e r s a n d t h e i r e m p l o y e e s al o n g w i t h p a t r o n s . *M D C c o n t i n u e s t o w o r k w i t h t h e C i t y o f Me r i d i a n t o r e m o v e a n y p e r c e i v e d ba r r i e r s t o r e d e v e l o p m e n t r e l a t i n g t o pa r k i n g . *M D C r e s t r i p e d a p o r t i o n o f M e r i d i a n ’ s do w n t o w n c o r e t o c r e a t e a d d i t i o n a l o n - st r e e t p u b l i c p a r k i n g s p a c e s , p a r t i c u l a r l y no r t h o f P i n e A v e n u e . *M D C f i n a l i z e d a p a r t n e r s h i p a g r e e m e n t wi t h t h e M a s o n i c T e m p l e L o d g e t o c r e a t e ad d i t i o n a l p u b l i c p a r k i n g o p p o r t u n i t i e s at E a s t S e c o n d S t r e e t a n d I d a h o A v e n u e . MD C 2 0 1 4 A n n u a l R e p o r t Ov e r t h e p a s t t w o y e a r s , M D C h a s b e e n wo r k i n g t o w a r d s a s t r e e t s c a p e im p r o v e m e n t p l a n f o r M a i n S t r e e t . T h e go a l o f t h e p l a n i s t o c r e a t e M a i n S t r e e t a s a v i t a l p u b l i c s p a c e t h a t s e r v e s t h e n e e d s an d p r i o r i t i e s o f t h e c o m m u n i t y . T h e ul t i m a t e o u t c o m e w i l l b e a s t r e e t w i t h s a f e si d e w a l k s ; w e l l - m a r k e d c r o s s w a l k s ; wi d e n e d s i d e w a l k s a t c o r n e r s ; ac c o m m o d a t i o n s f o r p a r k i n g ; t h e in c o r p o r a t i o n o f b i k e s i n t o t h e s t r e e t sy s t e m a n d r o a d w a y s t h a t a c c o m m o d a t e au t o m o b i l e t r a f f i c b u t e n c o u r a g e ap p r o p r i a t e s p e e d s . In 2 0 1 4 , M D C c o m p l e t e d a f i r s t p h a s e st r e e t s c a p e d e s i g n w i t h t h e f o c u s c e n t e r e d on t h e t w o b l o c k s b e t w e e n S o u t h Br o a d w a y A v e n u e a n d P i n e S t r e e t . T h i s fi r s t p h a s e w i l l i n c l u d e c o n s t r u c t i n g m i d - bl o c k t r a f f i c i s l a n d s i n e a c h o f t h e t w o bl o c k s , a l i g n i n g w i t h t h e a l l e y w a y s . T h e pr o j e c t w i l l a l s o i n c l u d e i n s t a l l a t i o n o f hi s t o r i c l i g h t s o n b o t h s i d e s o f t h e s t r e e t th a t w i l l m a t c h o t h e r h i s t o r i c a l l i g h t i n g fo u n d i n d o w n t o w n . Th e c o n s t r u c t i o n a n d t h e i n t e n t o f t h e is l a n d s i s t o c r e a t e a v i s u a l l y p l e a s i n g ae s t h e t i c f o r d o w n t o w n M e r i d i a n a n d al l o w i n g f o r r e s i d e n t s a n d p a t r o n s t o h a v e th a t “ y o u h a v e a r r i v e d ” m o m e n t i n t o O l d To w n . Th e f i r s t p h a s e p r o j e c t w i l l b e c o m p l e t e d i n 20 1 5 . MD C 2 0 1 4 A n n u a l R e p o r t M D C h a s w o r k e d d i l i g e n t l y o v e r t h e c o u r s e o f t h e p a s t t w o y e a r s t o b e g i n a n d cr e a t e a f o r m a l w a y f i n d i n g a n d s i g n a g e p r o g r a m i n d o w n t o w n M e r i d i a n . 2 0 1 3 s a w t h e i n s t a l l a t i o n o f t h e f i r s t b u s i n e s s d i r e c t o r y k i o s k l o c a t e d o n t h e so u t h w e s t c o r n e r o f M a i n S t r e e t a n d S o u t h B r o a d w a y A v e n u e i n f r o n t o f Me r i d i a n C i t y H a l l . I n 2 0 1 4 , t h e i n s t a l l a t i o n o f t w o a d d i t i o n a l k i o s k s w e r e in s t a l l e d i n G e n e r a t i o n s P l a z a a n d o n t h e n o r t h e a s t c o r n e r o f M a i n S t r e e t a n d Ca r l t o n A v e n u e i n f r o n t o f t h e P o s t O f f i c e . I n 2 0 1 4 , M D C c o n t i n u e d w o r k w i t h a w a y f i n d i n g c o n s u l t a n t t o c r e a t e a ma s t e r w a y f i n d i n g a n d s i g n a g e e f f o r t f o r t h e e n t i r e M D C d i s t r i c t w h i c h in c l u d e s e n t r a n c e s i g n a g e , v e h i c u l a r a n d p e d e s t r i a n - o r i e n t e d d i r e c t i o n a l si g n a g e , a d d i t i o n a l k i o s k l o c a t i o n s , a d d i t i o n a l D e s t i n a t i o n : D o w n t o w n b a n n e r lo c a t i o n s a n d o t h e r f o r m s o f c o m m u n i c a t i n g t o d o w n t o w n p a t r o n s . T h e m a s t e r w a y f i n d i n g a n d s i g n a g e p l a n w a s a d o p t e d b y t h e M D C b o a r d i n Ap r i l 2 0 1 4 . T h e n e x t s t e p i n i m p l e m e n t a t i o n o f t h e m a s t e r p l a n w a s t o un d e r g o t h e b r a n d i n g p r o c e s s f o r d o w n t o w n M e r i d i a n t o d e v e l o p a l o g o a n d ta g l i n e . T h i s p r o c e s s b e g a n i n J u n e 2 0 1 4 a n d i s e x p e c t e d t o c o n c l u d e i n e a r l y 20 1 5 . MD C 2 0 1 4 A n n u a l R e p o r t MD C 2 0 1 4 A n n u a l R e p o r t M D C W a y f i n d i n g & S i g n a g e M a s t e r P l a n M a r c h 2 0 1 4 31 61 25 24 71 32 2 50 52 45 42 44 49 48 3 1 4 21 62 63 64 28 41 65 72 74 73 76 75 77 23 26 22 51 47 43 46 30 29 27 In J u n e 2 0 1 4 , M D C e n g a g e d a c o n s u l t a n t t o a s s i s t i n t h e n e x t s t e p s o f im p l e m e n t a t i o n o f t h e r e c e n t l y a d o p t e d m a s t e r w a y f i n d i n g a n d s i g n a g e p l a n . Al o n g w i t h a r o b u s t p u b l i c o u t r e a c h e f f o r t , t h e c o n s u l t a n t c r e a t e d a co m m u n i c a t i o n a n d b r a n d i n g a s s e s s m e n t . T h e p u r p o s e o f t h i s a s s e s s m e n t w i l l as s i s t M D C a n d t h e c o n s u l t a n t i n t h e c r e a t i o n o f e l e m e n t s t h a t p r o v i d e a v i s u a l co n n e c t i o n a n d a t t r a c t i o n t o d o w n t o w n M e r i d i a n . On c e f i n a l i z e d , t h e s e e l e m e n t s w i l l b e u s e d o n a l l s i g n a g e a n d w i l l b e t h r e a d e d th r o u g h a l l m a t e r i a l s c o n n e c t e d w i t h t h e d o w n t o w n . T h e f i n a l m a t e r i a l s a r e ex p e c t e d t o b e a d o p t e d i n e a r l y 2 0 1 5 , w i l l b a s e d o n k e y t o u c h p o i n t s r e l a t e d t o cr i t i c a l t a r g e t d e m o g r a p h i c s , s p e c i f i c a l l y m i l l e n n i a l s . St a y t u n e d ! MD C 2 0 1 4 A n n u a l R e p o r t MD C 2 0 1 4 A n n u a l R e p o r t In 2 0 1 4 , M D C c o n t i n u e d i t s p a r t n e r s h i p w i t h th e T r e a s u r e V a l l e y C h i l d r e n ’ s T h e a t r e a t i t s 70 3 N o r t h M a i n S t r e e t b u i l d i n g . T h e a d d i t i o n o f TV C T i n t o M e r i d i a n ’ s d o w n t o w n c o r e h a s br o u g h t a t r e m e n d o u s e n e r g y i n t o d o w n t o w n Me r i d i a n . I n 2 0 1 4 : *6 4 0 ( u n d u p l i c a t e d ) s t u d e n t s e n r o l l e d i n T V C T tr a i n i n g p r o g r a m s ( 7 1 8 a t t e n d e e s o v e r a l l ) *T h e T V C T a d u l t a c t i n g c o m p a n y r e a c h e d ap p r o x i m a t e l y 3 , 0 0 0 a u d i e n c e m e m b e r s th r o u g h f o u r s e a s o n s h o w s , t w o o f w h i c h t o u r e d th e v a l l e y *7 5 y o u t h p a r t i c i p a t e d i n T r e a s u r e V a l l e y Y o u t h Th e a t e r p r o g r a m s i n 2 0 1 4 *T r e a s u r e V a l l e y Y o u t h T h e a t r e s h o w s r e a c h e d an e s t i m a t e d 2 , 0 0 0 a u d i e n c e m e m b e r s i n 2 0 1 4 MD C 2 0 1 4 A n n u a l R e p o r t In 2 0 1 4 , M D C c o n t i n u e d i t s an n u a l c o n t r i b u t i o n o f $2 5 , 0 0 0 t o w a r d s a p a r t n e r s h i p wi t h t h e C i t y o f M e r i d i a n ’ s Pa r k s a n d R e c r e a t i o n De p a r t m e n t . T h e m o n i e s t h a t MD C c o n t r i b u t e d i n 2 0 1 4 w e r e ut i l i z e d t o w a r d s s e v e n n e w tr e e s , t h e n e w t r e e g r a t e s , t h e ro o t b a r r i e r f o r t h e t r e e s a n d in s t a l l a t i o n o f e a c h o f t h e tr e e s . MD C 2 0 1 4 A n n u a l R e p o r t Th e M e r i d i a n H i s t o r i c W a l k i n g T o u r i s a n a b s o l u t e a s s e t to t h e C i t y o f M e r i d i a n . T h e i n t e r a c t i v e d e s i g n a l l o w s a n in d i v i d u a l t o e x p e r i e n c e t h e p a s t o f a h i s t o r i c p r o p e r t y no t o n l y t h r o u g h i n t e r p r e t i v e s i g n a g e b u t a l s o t h r o u g h hi s t o r i c p h o t o s a n d v i d e o s p r o v i d e d b y a n a r e a e x p e r t . Th e s e v i d e o s p a i n t a c o l o r f u l p i c t u r e o f M e r i d i a n ’ s e a r l y re s i d e n t s a n d i t i s t h r o u g h t h e s e s t o r i e s t h a t e a r l y Me r i d i a n c o m e s t o l i f e . Th e W e s t A d a S c h o o l D i s t r i c t b e c a m e i n v o l v e d w i t h t h e Wa l k i n g T o u r p r o j e c t s h o r t l y f o l l o w i n g t h e l a u n c h e v e n t in 2 0 1 4 . T h e M e r i d i a n H i s t o r i c W a l k i n g T o u r w a s ad o p t e d a s p a r t o f t h e t h i r d g r a d e c u r r i c u l u m f o r a l l Me r i d i a n s t u d e n t s . Th r o u g h a p a r t n e r s h i p a n d g r a n t f u n d e d b y M D C , a l l th i r d g r a d e M e r i d i a n s t u d e n t s w i l l r e c e i v e b u s s i n g t o ta k e t h e W a l k i n g T o u r a s p a r t o f a c l a s s r o o m f i e l d t r i p . Th e s e s t u d e n t s h a v e t h e o p p o r t u n i t y t o r e c e i v e d o c e n t gu i d e d t o u r s o f P i n e S t r e e t S c h o o l a n d M e r i d i a n C i t y Ha l l b e f o r e v e n t u r i n g o u t o n t o t h e s t r e e t s t o t a k e t h e to u r . T h e s e s t u d e n t s w i l l h a v e t h e o p p o r t u n i t y t o wi t n e s s t h e w o r k c o m p l e t e d b y o t h e r a r e a c h i l d r e n pr o v i d i n g a r e a l - l i f e e x a m p l e o f s u c c e s s . C o n n e c t i n g o u r th i r d g r a d e r s w i t h t h e i r p a s t i s c r u c i a l t o t h e de v e l o p m e n t o f a l o n g - t e r m l o v e f o r h i s t o r y a n d pr e s e r v a t i o n i n M e r i d i a n . MD C 2 0 1 4 A n n u a l R e p o r t Co n c e r t s o n B r o a d w a y : Me r i d i a n C i t y H a l l ’ s o u t d o o r p l a z a c o m e s a l i v e wi t h m u s i c e v e r y s u m m e r w i t h t h e a n n u a l Co n c e r t s o n B r o a d w a y s e r i e s p r o v i d e d b y t h e Me r i d i a n A r t s C o m m i s s i o n . I n 2 0 1 4 , M D C pr o u d l y c o n t i n u e d i t s p a r t n e r s h i p w i t h t h e Co m m i s s i o n t o h e l p s p o n s o r t h e f o u r c o n c e r t se r i e s . Ut i l i t y B o x A r t W r a p s : Ar t w r a p s a r e a n i n e x p e n s i v e , y e t i m p a c t f u l w a y to b r i n g a r t t o t h e p e d e s t r i a n a n d t h e do w n t o w n p a t r o n . T h e s e w r a p s a r e u t i l i z e d i n ma n y c o m m u n i t i e s . In 2 0 1 4 , t h e M e r i d i a n A r t s C o m m i s s i o n in s t a l l e d i t s f i r s t a r t w r a p o n a u t i l i t y b o x lo c a t e d o n t h e s o u t h w e s t c o r n e r o f P i n e a n d Ma i n S t r e e t i n f r o n t o f t h e C h u r c h o f t h e Ha r v e s t . L a t e i n 2 0 1 4 , M D C a g r e e d t o p a r t n e r wi t h t h e A r t s C o m m i s s i o n t o a s s i s t i n f u n d i n g ad d i t i o n a l a r t w r a p s t h a t w i l l b e i n s t a l l e d i n 20 1 5 . MD C 2 0 1 4 A n n u a l R e p o r t Th e M e r i d i a n c o m m u n i t y , i n c l u d i n g t h e Me r i d i a n C h a m b e r o f C o m m e r c e , M D C , a n d th e C i t y o f M e r i d i a n , i s e x p l o r i n g a p o t e n t i a l pr o j e c t t h a t i n c l u d e s a p e r f o r m i n g a r t s ce n t e r , a c o n f e r e n c e c e n t e r a n d a p o t e n t i a l co m p a n i o n h o t e l , a l l t o b e l o c a t e d i n Me r i d i a n ’ s d o w n t o w n c o r e . A f e a s i b i l i t y s t u d y b e g a n i n l a t e 2 0 1 4 w i t h a fi n a l r e p o r t a n d r e c o m m e n d a t i o n s t o b e pr e s e n t e d i n e a r l y 2 0 1 5 . St a y t u n e d f o r m o r e o n t h i s e x c i t i n g p r o j e c t ! 20 1 5 f o r M D C i n c l u d e s t h e f o l l o w i n g p r o j e c t s a n d i n i t i a t i v e s f o r t h e M e r i d i a n D e v e l o p m e n t C o r p o r a t i o n : Ni n e M i l e F l o o d p l a i n S t u d y : A c o n t i n u a t i o n o f c o o r d i n a t i o n w i t h t h e C i t y o f M e r i d i a n ’ s F l o o d p l a i n Ad m i n i s t r a t o r , N a m p a - M e r i d i a n I r r i g a t i o n D i s t r i c t a n d t h e C o r p o f E n g i n e e r s t o d e t e r m i n e p o t e n t i a l op p o r t u n i t i e s t o r e d u c e t h e N i n e M i l e F l o o d p l a i n i m p a c t f o r M D C p r o p e r t y o w n e r s . I t i s a n t i c i p a t e d t h a t th e f e d e r a l g o v e r n m e n t w i l l r e l e a s e t h e i r d r a f t s t u d y i n e a r l y - 2 0 1 5 f o r p u b l i c c o m m e n t . M D C w i l l p l a y a st r o n g r o l e i n w o r k i n g t o r e d u c e t h e f l o o d p l a i n b o u n d a r y . Wa y f i n d i n g a n d S i g n a g e P r o g r a m : T h e c o n t i n u e d i m p l e m e n t a t i o n o f a w a y f i n d i n g a n d s i g n a g e m a s t e r pl a n i s a k e y i n i t i a t i v e f o r M D C i n 2 0 1 5 . Br a n d i n g : T h e a d o p t i o n a n d i m p l e m e n t a t i o n o f a n o v e r a l l b r a n d i n g p r o g r a m f o r d o w n t o w n M e r i d i a n . Me r i d i a n D o w n t o w n M u l t i - P u r p o s e C e n t e r : T o c o n t i n u e e n g a g e m e n t w i t h t h e v a r i o u s p a r t n e r e n t i t i e s an d s t a k e h o l d e r s a s t o t h e n e x t s t e p s f o r t h i s i m p o r t a n t p o t e n t i a l p r o j e c t . Le g i s l a t i v e : T o c o n t i n u e w o r k i n g i n c o n c e r t w i t h t h e l e g i s l a t i v e c o m m u n i t y t o e n s u r e t h e p r o t e c t i o n o f ur b a n r e n e w a l a g e n c i e s a n d t h e i r a b i l i t y t o p r o v i d e i n v e s t m e n t i n t o s t r a t e g i c g e o g r a p h i c a l t a r g e t a r e a s in t h e i r c o m m u n i t i e s t o e n c o u r a g e a d d i t i o n a l i n v e s t m e n t b y t h e p r i v a t e s e c t o r . St r e e t s c a p e P r o g r a m : T h e c o n t i n u a t i o n t o c o l l a b o r a t e w i t h t h e C i t y o f M e r i d i a n a n d d o w n t o w n b u s i n e s s an d p r o p e r t y o w n e r s o n t h e p r i o r i t i e s f o r d o w n t o w n a n d t o c o n t i n u e b l o c k b y b l o c k t r a n s f o r m a t i o n s th a t i n c l u d e : s t r e e t t r e e s , h i s t o r i c l i g h t i n g , c o n s t r u c t i o n o r r e c o n s t r u c t i o n o f s i d e w a l k s a n d b i k e l a n e s wh e r e f e a s i b l e . K e y p r i o r i t i e s f o r M D C i n 2 0 1 5 i s t h e c o n s t r u c t i o n o f i s l a n d s a n d h i s t o r i c l i g h t s o n M a i n St r e e t b e t w e e n B r o a d w a y a n d P i n e ; t h e e x t e n s i o n o f s i d e w a l k o n W e s t F i r s t S t r e e t b e t w e e n B r o a d w a y an d P i n e a n d t h e b e g i n n i n g o f d e s i g n c o l l a b o r a t i o n w i t h A C H D a n d t h e C i t y o f M e r i d i a n o n t h e o v e r a l l im p r o v e m e n t s f o r P i n e A v e n u e b e t w e e n M e r i d i a n a n d L o c u s t G r o v e R o a d s . Do w n t o w n P a r k i n g : T o c o n t i n u e w o r k i n g w i t h s t a k e h o l d e r s t o d e t e r m i n e : o n - g o i n g , s h o r t - t e r m , a n d lo n g - t e r m g o a l s f o r d o w n t o w n p a r k i n g . Me r i d i a n D o w n t o w n E c o n o m i c D e v e l o p m e n t P a r t n e r s h i p : T h e c o n t i n u a t i o n o f a f o r m a l c o l l a b o r a t i o n be t w e e n M D C , t h e c i t y o f M e r i d i a n , A C H D , t h e M e r i d i a n D o w n t o w n B u s i n e s s A s s o c i a t i o n a n d t h e Me r i d i a n C h a m b e r o f C o m m e r c e t o a d d r e s s o p p o r t u n i t i e s , i n i t i a t i v e s a n d p r o j e c t s t h a t a r e o f i n t e r e s t t o al l . Pu b l i c I n v o l v e m e n t : T h e f o r e s i g h t t o c o n t i n u e t o l o o k t o w a r d s c o l l a b o r a t i n g w i t h n e w a n d e x i s t i n g bu s i n e s s o w n e r s t o c r e a t e c o n t i n u e d o p p o r t u n i t y i n d o w n t o w n M e r i d i a n MD C 2 0 1 4 A n n u a l R e p o r t M e r i d i a n D e v e l o p m e n t C o r p o r a t i o n i s c o m m i t t e d t o p u b l i c s e r v i c e , t o t h e f i s c a l l y re s p o n s i b l e u s e o f u r b a n r e n e w a l d o l l a r s a n d t o p u b l i c t r a n s p a r e n c y . T h e f o l l o w i n g a r e li n k s t o M D C e f f o r t s o f p u b l i c a n d s t a k e h o l d e r i n t e r e s t : M D C W e b s i t e : ww w . m e r i d i a n d e v e l o p m e n t c o r p . c o m M D C C o n t a c t I n f o r m a t i o n : A s h l e y S q u y r e s M D C A d m i n i s t r a t o r E m a i l : m e r i d i a n d e v e l o p m e n t c o r p @ g m a i l . c o m P h o n e : 2 0 8 . 4 7 7 . 1 6 3 2 M a i l i n g A d d r e s s : 3 3 E a s t B r o a d w a y A v e n u e , M e r i d i a n , I d a h o 8 3 6 4 2 FY 2 0 1 4 M D C A n n u a l A u d i t MD C 2 0 1 4 A n n u a l R e p o r t www. eidebailly .com 877 W. Main St., Ste. 800 | Boise, ID 83702-5858 | T 208.344.7150 | F 208.344.7435 | EOE 1 November 25, 2014 To the Members of the Board of Commissioners Meridian Development Corporation Meridian, Idaho We have audited the financial statements of Meridian Development Corporation (MDC), a component unit of the City of Meridian, Idaho, for the year ended September 30, 2014. Professional standards require that we provide you with information about our responsibilities under generally accepted auditing standards and Government Auditing Standards as well as certain information related to the planned scope and timing of our audit. We have communicated such information in our letter to you dated September 22, 2014. Professional standards also require that we communicate to you the following information related to our audit. Significant Audit Findings Qualitative Aspects of Accounting Practices Management is responsible for the selection and use of appropriate accounting policies. The significant accounting policies used by MDC are described in Note 1 to the financial statements. As described in Note 1 to the financial statements, MDC changed accounting policies related to deferred financing costs by adopting Statement of Governmental Accounting Standards (GASB Statement) No.65, Items Previously Reported as Assets and Liabilities , in 2014. Accordingly, the cumulative effect of the accounting change is reported in the notes of the financial statements. We noted no transactions entered into by the governmental unit during the year for which there is a lack of authoritative guidance or consensus. All significant transactions have been recognized in the financial statements in the proper period. Accounting estimates are an integral part of the financial statements prepared by management and are based on management’s knowledge and experience about past and current events and assumptions about future events. Certain accounting estimates are particularly sensitive because of their significance to the financial statements and because of the possibility that future events affecting them may differ significantly from those expected. The financial statement disclosures are neutral, consistent, and clear. Difficulties Encountered in Performing the Audit We encountered no significant difficulties in dealing with management in performing and completing our audit. 2 Corrected and Uncorrected Misstatements Professional standards require us to accumulate all known and likely misstatements identified during the audit, other than those that are clearly trivial, and communicate them to the appropriate level of management. The following misstatements were detected as a result of our audit procedures and were not corrected by management. Management has determined the effects of the misstatements are immaterial to the financial statements as a whole. x As described in Note 1 to the financial statements, MDC changed accounting policies related to deferred financing costs by adopting Statement of Governmental Accounting Standards (GASB Statement) No.65, Items Previously Reported as Assets and Liabilities. This required the removal of all bond issuance costs to Net Position. The total activity associated with this activity that was expensed was $5,058. Disagreements with Management For purposes of this letter, a disagreement with management is a financial accounting, reporting, or auditing matter, whether or not resolved to our satisfaction, that could be significant to the financial statements or the auditor’s report. We are pleased to report that no such disagreements arose during the course of our audit. Management Representations We have requested certain representations from management that are included in the management representation letter dated November 25, 2014. Management Consultations with Other Independent Accountants In some cases, management may decide to consult with other accountants about auditing and accounting matters, similar to obtaining a “second opinion” on certain situations. If a consultation involves application of an accounting principle to the governmental unit’s financial statements or a determination of the type of auditor’s opinion that may be expressed on those statements, our professional standards require the consulting accountant to check with us to determine that the consultant has all the relevant facts. To our knowledge, there were no such consultations with other accountants. Other Audit Findings or Issues We generally discuss a variety of matters, including the application of accounting principles and auditing standards, with management each year prior to retention as the governmental unit’s auditors. However, these discussions occurred in the normal course of our professional relationship and our responses were not a condition to our retention. Other Matters We applied certain limited procedures to Management’s Discussion and Analysis and Schedule of Revenues, Expenditures, and Changes in Fund Balances – Budget and Actual – General Fund, which are required supplementary information (RSI) that supplements the basic financial statements. Our procedures consisted of inquiries of management regarding the methods of preparing the information and comparing the information for consistency with management’s responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We did not audit the RSI and do not express an opinion or provide any assurance on the RSI. 3 This information is intended solely for the use of the Board of Commissioners and management of Meridian Development Corporation and is not intended to be, and should not be, used by anyone other than these specified parties. Very truly yours, Boise, Idaho www. eidebailly .com Financial Statements September 30, 2014 Meridian Development Corporation Meridian Development Corporation Table of Contents September 30, 2014 Independent Auditor’s Report .................................................................................................................................... 1 Management’s Discussion and Analysis .................................................................................................................... 3 Financial Statements .................................................................................................................................................. 9 Statement of Net Position and Governmental Fund Balance Sheet ....................................................................... 9 Statement of Activities and Governmental Fund Statement of Revenues, Expenditures, and Changes in Fund Balances ............................................................................................................................................................... 11 Notes to Financial Statements .............................................................................................................................. 12 Required Supplementary Information ...................................................................................................................... 19 Schedule of Revenues, Expenditures, and Changes in Fund Balances – Budget and Actual – General Fund .... 19 Notes to Required Supplementary Information ................................................................................................... 20 Independent Auditor’s Report on Internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standard ........ 21 www. eidebailly .com 877 W. Main St., Ste. 800 | Boise, ID 83702-5858 | T 208.344.7150 | F 208.344.7435 | EOE 1 Independent Auditor’s Report Members of the Board of Commissioners Meridian Development Corporation, a component unit of the City of Meridian, Idaho Meridian, Idaho Report on the Financial Statements We have audited the accompanying financial statements of the governmental activities and major fund of Meridian Development Corporation, (MDC), a component unit of the City of Meridian, Idaho, as of and for the year ended September 30, 2014, which collectively comprise MDC’s basic financial statements as listed in the table of contents. Management’s Responsibility for the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with accounting principles generally accepted in the United States of America; this includes the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error. Auditor’s Responsibility Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards , issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditor’s judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the entity’s preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity’s internal control. Accordingly, we express no such opinion. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinions. 2 Opinion In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of Meridian Development Corporation, as of September 30, 2014, and the results of its operations for the year then ended in conformity with accounting principles generally accepted in the United States of America. Other Matters Required Supplementary Information Accounting principles generally accepted in the United States of America require that the management’s discussion and analysis and budgetary comparison information as listed in the table of contents be presented to supplement the basic financial statements. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board, who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. We have applied certain limited procedures to the required supplementary information in accordance with auditing standards generally accepted in the United States of America, which consisted of inquiries of management about the methods of preparing the information and comparing the information for consistency with management’s responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We do not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. Other Reporting Required by Government Auditing Standards In accordance with Government Auditing Standards , we have also issued a report dated November 25, 2014 on our consideration of MDC’s internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, grant agreements, and other matters. The purpose of that report is to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the internal control over financial reporting or on compliance. That reports is an integral part of an audit performed in accordance with Government Auditing Standards in considering MDC’s internal control over financial reporting and compliance. Boise, Idaho November 25, 2014 3 Meridian Development Corporation Management’s Discussion and Analysis September 30, 2014 This section of the Meridian Development Corporation’s (MDC or Corporation) annual financial report presents management’s discussion and analysis of MDC's financial performance during the year ended September 30, 2014. Please use this information in conjunction with the information furnished in MDC's financial statements. Financial Highlights x Fiscal year 2014 is the eleventh full year that MDC has collected property tax. Property tax is MDC’s principal source of revenue. Property tax collections decreased by approximately $41,000 or 5.6% from fiscal year 2013 to fiscal year 2014. x The total assets of MDC exceeded its liabilities and deferred inflows at September 30, 2014 by $1,358,101. Of the total net position, $582,059 is net investment in capital assets. The remaining net position of $776,042 is restricted to meet the Corporation’s on-going obligations. This is an decrease of $23,747 from net position of $1,381,848 at September 30, 2013. Overview of the Financial Statements This annual report consists of five parts – management discussion and analysis, the government-wide financial statements, fund financial statements, notes to the financial statements, and required supplementary information . Government- Wide Financial Statements These statements report information about all of the operations of MDC using accounting methods similar to those used by private sector companies. These statements are prepared using the flow of economic resources measurement focus and accrual basis of accounting. The current year’s revenues and expenses are recorded as transactions occur rather than when cash is received or paid. The government-wide financial statements are divided into two categories: Statement of Net Position – Reports all of MDC’s assets and liabilities with the difference between the two reported as net position. Over time, increases or decreases in net position may serve as a useful indicator of whether the financial position of the entity is improving or deteriorating. Statement of Activities – Reports all of the Corporation’s revenues and expenses for the year by function. MDC currently only has one function, the administrative function. Fund Financial Statements The Fund financial statements provide information about an entity’s major funds. MDC only has one fund. Funds may be required by law or may be established by the MDC Board of Commissioners. Governmental Funds: Governmental fund financial statements focus on short-term inflows and outflows of spendable resources, an accounting approach known as the flow of current financial resources measurement focus and the modified accrual basis of accounting. Information provided by these statements provides a short-term view of what resources will be available to meet needs. 4 Meridian Development Corporation Management’s Discussion and Analysis September 30, 2014 MDC has one governmental fund: General Fund: The general fund is the general operating fund of MDC. Income is derived primarily from property tax. Notes to the Financial Statements The notes provide additional information that is necessary to fully understand the data presented in the government-wide and fund financial statements. Required Supplementary Information This section has information that further explains and supports the information in the financial statements by including a comparison of the Corporation’s budget data for the year. FINANCIAL ANALYSIS OF MERIDIAN DEVELOPMENT CORPORATION AS A WHOLE Net Position Net Position measures the difference between what the entity owns (assets) versus what the entity owes (liabilities). At September 30, 2014, MDC’s combined assets exceeded liabilities and deferred inflows by $1,358,101. The following statement is condensed from the Statement of Net Position. 2014 2013 Current Assets 1,739,755 $ 1,606,659 $ Capital Assets 1,385,079 1,439,016 Total Assets 3,124,834 3,045,675 Current Liabilities 166,495 852,944 Long Term Liabilities 715,886 810,883 Total Liabilities 882,381 1,663,827 Deferred Inflows 884,352 - Total liabilites and deferred inflows 1,766,733 1,663,827 Net Position Net Investment in Capital Assets 582,059 533,858 Restricted 776,042 847,990 Total Net Position 1,358,101 $ 1,381,848 $ 5 Meridian Development Corporation Management’s Discussion and Analysis September 30, 2014 Changes in Net Position During the year, MDC’s financial position decreased by $23,747. This compares with the prior year increase in financial position of $248,042. The following condensed financial information was derived from the government-wide Statement of Activities and shows how MDC’s net position changed during the year. 2014 2013 General Revenues Property tax 689,361 $ 730,286 $ Interest 752 752 Other Revenues 5,999 6,700 Total general revenues 696,112 737,738 Program Revenues 4,327 5,052 Total Revenues 700,439 742,790 Expenses Administrative 691,092 458,044 Interest on long-term debt 33,094 36,704 Total Expenses 724,186 494,748 Change in Net Position (23,747) 248,042 Net Position Beginning of yea r 1,381,848 1,133,806 End of yea r 1,358,101 $ 1,381,848 $ From fiscal year 2013 to fiscal year 2014, the MDC's tax increment financing decreased by .23%. Tax increment financing is the tax on the difference between the market value in the base year – the year the urban renewal agency is established – and each subsequent year. FINANCIAL ANALYSIS OF MDC'S FUNDS Governmental Fund Fiscal year 2014 was the eleventh full year that MDC received property tax revenue. During its initial organization years, fiscal year 2002 and fiscal year 2003, MDC received contributions from the City of Meridian. At September 30, 2014 the fund balance was $728,099 as compared to $790,596 at September 30, 2013. Of the fund balance, $10,002 is nonspendable and $718,097 is restricted. Fund balance decreased in fiscal year 2014 due to normal operating expenditures exceeding tax revenues. 6 Meridian Development Corporation Management’s Discussion and Analysis September 30, 2014 Budgetary Highlights There were no amendments made to the original fiscal year 2014 budget. MDC budgeted $80,000 in capital outlay for building improvements. Streetscape costs and other costs were budgeted as capital outlay. Total capital outlay was $18,981. As an end result, actual capital outlay expenditures and operating expenses were under budget. MDC does not have any employees and relies on professional service contracts for the administrator, legal, and marketing, etc. 32% of actual operating expenditures were for professional service contractors. MDC spent 68% of its operating budget. $0 $50,000 $100,000 $150,000 $200,000 $250,000 $300,000 $350,000 $400,000 MDC Actual Expenditures - FY14 Compared to FY13 FY13 FY14 7 Meridian Development Corporation Management’s Discussion and Analysis September 30, 2014 Property tax revenue was budgeted to be $790,000; actual tax collected was $693,754. $0 $100,000 $200,000 $300,000 $400,000 $500,000 $600,000 $700,000 $800,000 $900,000 FY14 Budget FY14 Actual FY13 Actual FY12 Actual FY11 Actual MDC Tax Increment Revenue Capital Asset and Debt Administration Capital Assets At the end of fiscal year 2013, MDC’s total capital assets were $1,439,016. At the end of fiscal year 2014, capital assets had decreased to $1,382,517, including $845,067 in land, $579,710 in buildings, $105,495 in equipment, $18,981 in building improvements, $180,161 in intangibles and $346,897 in accumulated depreciation. Intangible assets include the Downtown Master Plan, the 3D Modelling, and the MDC website. See Note 5 for further explanation of the changes in capital assets. Long-Term Debt During Fiscal Year 2011, MDC took out two new promissory notes with Washington Trust Bank, totaling $2,850,000. These notes payable were incurred in order to complete the building to be sold as condominium and office space units. The first note was for $1,576,000 and matured on March 5, 2012 and was paid in full when the building was sold. The second note was for $1,274,000 and matures on March 5, 2022. Proceeds from the sales of the units were used to repay principal and interest on these notes. As of September 30, 2014, the balance on the remaining note was $803,020. See Note 6 for further explanation of the changes in long-term debt. 8 Meridian Development Corporation Management’s Discussion and Analysis September 30, 2014 Fiscal Year 2014 Budgetary Considerations For fiscal year 2014, MDC will continue downtown rehabilitation efforts by purchasing properties for redevelopment and parking and by participating in a variety of community downtown projects and programs. MDC will partner with the City of Meridian for downtown decorations, help fund public art and the split corridor lighting, and assist businesses with streetscape and façade improvements. Property tax revenue is expected to be higher than the amount collected in fiscal year 2014. Since its formation in fiscal year 2002, MDC has gone from a $15,000 budget to approximately $1.1 million in fiscal year 2014. Requests for Information This report is designed to provide a general overview of Meridian Development Corporation’s finances for our citizens and customers. If you have questions about this report or need additional financial information contact the Finance Office: 3215 S. Canonero Way, Boise, ID 83709. Phone 208-724-4182. See Notes to Financial Statements 9 Meridian Development Corporation Statement of Net Position and Governmental Fund Balance Sheet September 30, 2014 General Adjustments Statement of Fund Note 2 Net Position Assets Current Assets Cash and cash equivalents, unrestricted 782,222 $ - $ 782,222 $ Miscellaneous receivable 7,037 - 7,037 Property tax receivable 899,588 - 899,588 Deliquent property taxes receivable 47,943 - 47,943 Prepaids and other receivables 2,965 - 2,965 Total current assets 1,739,755 - 1,739,755 Total current assets 1,739,755 - 1,739,755 Non Current Assets Capital assets, not subject to depreciation and amortization - 845,067 845,067 Capital assets, subject to depreciation and amortization - 884,347 884,347 Less accumulated depreciation - (344,335) (344,335) Total assets 1,739,755 $ 1,385,079 $ 3,124,834 $ See Notes to Financial Statements 10 Meridian Development Corporation Statement of Position and Governmental Fund Balance Sheet September 30, 2014 General Adjustments Statement of Fund Note 2 Net Position Liabilities Current Liabilities Accounts payable 79,361 $ - $ 79,361 $ Interest payable - - - Note payable - current portion - 87,134 87,134 Total current liabilities 79,361 87,134 166,495 Noncurrent Liabilities Note Payable - less current portion - 715,886 715,886 Total liabilities 79,361 803,020 882,381 Deferred Inflows Unavailable revenues - property taxes 932,295 (47,943) 884,352 Total Liabilities and Deferred Inflows 1,011,656 755,077 1,766,733 Fund Balance/Net Position Fund Balance Nonspendable 10,002 (10,002) - Restricted 718,097 (718,097) - Total fund balance 728,099 (728,099) - Total Liabilities, Deferred Inflows and Fund Balances 1,739,755 $ Net investment in capital assets 582,059 582,059 Restricted 776,042 776,042 1,385,079 $ 3,124,834 $ See Notes to Financial Statements 11 Meridian Development Corporation Statement of Activities and Governmental Fund Statement of Revenues, Expenditures, and Changes in Fund Balances Year Ended September 30, 2014 General Adjustments Statement of Fund Note 3 Activities Expenditures Office and operating expense 403,727 $ 77,976 $ 481,703 $ Professional services, surveys, and studies 189,596 - 189,596 Public education and marketing 19,793 - 19,793 Debt service Principal 99,213 (99,213) - Interest 36,019 (2,925) 33,094 Capital outlay 18,981 (18,981) - Total expenditures 767,329 (43,143) 724,186 General Revenues General property tax revenue 693,754 (4,393) 689,361 Interest earnings 752 - 752 Other revenue 5,999 - 5,999 Total general revenues 700,505 (4,393) 696,112 Program Revenues Grant revenues 4,327 - 4,327 Total revenues 704,832 (4,393) 700,439 Excess (Deficiency) of Revenues over (under) Expenditures (62,497) 38,750 (23,747) Net Change in Fund Balances/Net Position (62,497) 38,750 (23,747) Fund Balance/Net Position, Beginning of yea r 790,596 1,381,848 End of yea r 728,099 $ 1,358,101 $ 12 Meridian Development Corporation Notes to Financial Statements September 30, 2014 Note 1 - Summary of Significant Accounting Policies The Meridian Development Corporation (MDC) is a separate and distinct legal entity of the City of Meridian (City) created by state statute. The Commissioners for MDC are appointed by the Mayor and approved by the City Council. MDC provides urban renewal services for the citizens of the City. The financial statements of MDC have been prepared in conformity with generally accepted accounting principles (GAAP) as applied to government units. The Governmental Accounting Standards Board (GASB) is the accepted standard-setting body for establishing governmental accounting and financial reporting principles. The more significant of the government's accounting policies are described below. The accounting and reporting policies of MDC relating to the funds included in the accompanying basic financial statements conform to generally accepted accounting principles applicable to state and local governments. Financial Reporting Entity MDC is included as a component unit of the City of Meridian, Idaho’s financial statements. MDC provides urban renewal services to the City and its citizens. These statements present only the funds of MDC and are not intended to present the financial position and results of operations of the City of Meridian, Idaho in conformity with generally accepted accounting principles. Government-Wide and Fund Financial Statements The government-wide column of the financial statements (i.e., the statement of net position and the statement of activities) report information on all of the nonfiduciary activities of the primary government. The statement of activities demonstrates the degree to which the direct expenses of a given function or segment are offset by program revenues. Direct expenses are those that are clearly identifiable with a specific function or segment. Program revenues include: 1) charges to customers or applicants who purchase, use, or directly benefit from goods, services, or privileges provided by a given function or segment and 2) grants and contributions that are restricted to meeting the operational or capital requirements of a particular function or segment. Taxes and other items not properly included among program revenues are reported instead as general revenues . MDC is reported as a “Single Purpose Entity”. This allows the government-wide financial statements to be combined with the fund-level financial statements. Measurement Focus, Basis of Accounting, and Financial Statement Presentation The government-wide column of the financial statements is reported using the economic resources measurement focus and the accrual basis of accounting . Revenues are recorded when earned and expenses are recorded when a liability is incurred, regardless of the timing of related cash flows. Property taxes are recognized as revenues in the year for which they are levied. Grants and similar items are recognized as revenue as soon as all eligibility requirements imposed by the provider have been met. 13 Meridian Development Corporation Notes to Financial Statements September 30, 2014 The governmental fund column of the financial statements is reported using the current financial resources measurement focus and the modified accrual basis of accounting . Revenues are recognized as soon as they are both measurable and available. Revenues are considered to be available when they are collectible within the current period or soon enough thereafter to pay liabilities of the current period. For this purpose, the government considers revenues to be available if they are collected within 60 days of the end of the current fiscal period. Expenditures generally are recorded when a liability is incurred, as under accrual accounting. However, debt service expenditures, as well as expenditures related to compensated absences and claims and judgments, are recorded only when payment is due. MDC reports one major governmental fund: General Fund - MDC is a general fund. General funds are used for all financial resources except those required to be accounted for in another fund. Capital Assets Capital assets are reported in the government-wide financial statements. Capital assets are defined by the government as assets with an initial, individual cost of more than $500 and an estimated useful life in excess of one year. All material fixed assets are valued at cost. Donated fixed assets are valued at their estimated fair value on the date donated. Capital assets are depreciated on the straight-line basis with the half-year convention over useful lives of 3 to 30 years. Property Taxes Receivable Property taxes are recognized as revenue when the amount of taxes levied is measurable, and proceeds are available to finance current period expenditures. Available tax proceeds include property tax receivables expected to be collected within sixty days after year-end. Property taxes attach as liens on properties on January 1, and are levied in September of each year. Tax notices are sent to taxpayers during November, with tax payments scheduled to be collected on or before December 20. Taxpayers may pay all or one half of their tax liability on or before December 20, and if one half of the amount is paid, they may pay the remaining balance by the following June 20. Deferred Inflow of Resources and Unavailable Revenue Unavailable revenue is considered a deferred inflow of resources in accordance with the modified accrual basis of accounting for the fund financial statements. Deferred inflows of resources are measurable but do not represent available expendable resources for the fund financial statements for the fiscal year ended September 30, 2014. Since MDC is on a September 30 fiscal year end, property taxes levied during September for the succeeding year's collection are recorded as unavailable revenues at the MDC’s year-end and recognized as revenue in the following fiscal year. Ada County bills and collects taxes for MDC. 14 Meridian Development Corporation Notes to Financial Statements September 30, 2014 Risk Management As a component unit of the City of Meridian (City), MDC is exposed to various risks of loss related to theft of, damage to, or destruction of assets. The City, and MDC as a component unit, participates in a public entity risk pool, Idaho Counties Risk Management Pool (ICRMP), for property and liability insurance. The City's and MDC’s exposure to loss from its participation in ICRMP is limited to the extent of their deductible only. Fund Balances The governmental fund financial statements present fund balances based on classifications that comprise a hierarchy that is based primarily on the extent to which the MDC is bound to honor constraints on the specific purposes for which amounts in the respective governmental funds can be spent. The classifications used in the governmental fund financial statements are as follows: Nonspendable – includes amounts that cannot be spent because they are either not spendable in form or are legally or contractually required to be maintained intact. All amounts reported as nonspendable at September 30, 2014 by MDC are nonspendable in form. This includes prepaid expenses of $2,925 and miscellaneous receivables of $10,002. MDC has not reported any amounts that are legally or contractually required to be maintained intact. Restricted - This fund balance is constrained for a specific purpose and legally restricted by external parties, such as State or Federal agencies. MDC had $718,097 in restricted fund balance at September 30, 2014. Committed - This fund balance constraint is self-imposed by the Board of Commissioners Formal action is required by the Board of Commissioners to commit funds and must occur prior to year-end; however, the actual dollar amount may be determined in the subsequent period. Assigned - This fund balance is intended for a specific purpose and the authority to “assign” is delegated to the Administrator. Formal action is not necessary to impose, remove or modify an Assigned Fund Balance. Unassigned - This is the remaining fund balance that has no internal or external restrictions. Unassigned amounts are available for any purpose. Although there is generally no set spending plan, there is a need to maintain a certain funding level. The unassigned fund balance is commonly used for emergency expenditures or reserves needed to ensure cash flow. On September 28, 2011, MDC developed and adopted a Fund Balance Policy with Resolution No. 11-021. This policy states that GASB refers to a minimum fund balance as a Stabilization Arrangement and MDC has established the practice of reserving 8% of the current year budget of tax revenues as the amount needed to reserve in order to ensure there is sufficient cash flow to maintain services between property tax receipts. 15 Meridian Development Corporation Notes to Financial Statements September 30, 2014 This Resolution states that it shall be the Policy of MDC that this reserve will be in the unassigned fund balance unless the Administrator designates otherwise. The policy also requires that the restricted, committed, assigned fund balances are to be expended first, followed by the unassigned, unless the Board of Directors approves to do otherwise through the budget process. Reclassifications Certain reclassifications of amounts previously reported have been made to the accompanying financial statements to maintain consistency between periods presented. The reclassifications had no impact on net position. Recently Issued and Adopted Accounting Pronouncements In March 2012, the GASB issued Statement No. 65, “Items Previously Reported as Assets and Liabilities” . GASB Statement No. 65 establishes accounting and financial reporting standards that reclassify, as deferred outflows of resources or deferred inflows of resources, certain items that were previously reported as assets and liabilities. This Statement is effective for periods beginning after December 15, 2012. MDC implemented it in fiscal year 2014. MDC fully expensed financing costs during fiscal year 2014 totaling $5,058. Note 2 - Explanation of Differences Between the Governmental Funds Balance Sheet and the Statement of Net Position “Total fund balances” in MDC’s governmental fund may differ from the “net position” of the governmental activities reported in the Statement of Net Position as a result of the long-term economic focus of the Statements of Net Position versus the current financial resources focus of the governmental fund balance sheet. 47,943 $ 1,385,079 $ (803,020) $ Some of the property taxes receivable are not available to pay for current-period expenditures and, therefore, are deferred in the funds. Capital assets used in governmental activities are not financial resources and, therefore, are not reported in the funds. Long-term debt is not due and payable in the current period and, therefore, is not reported in the funds. All liabilities, both current and long-term are reported on the statement of net position. 16 Meridian Development Corporation Notes to Financial Statements September 30, 2014 Note 3 - Explanation of Differences Between Governmental Fund Operating Statements and the Statement of Activities The “net change in fund balances” for governmental funds may differ from the “change in net position” for governmental activities reported in the Statement of Activities as a result of the long-term economic focus of the Statement of Activities versus the current financial resource focus of the governmental funds. (4,393) $ (53,937) $ (5,058) $ 99,213 $ 2,92 5$ Deferred financing costs are reported as expense in Governmental funds. However, in the statement of activities, those costs were allocated over the life of the loans and reported as amortization expense. During Fiscal Year 2014 MDC implemented GASB 65 and fully expensed the remaining balance of deferred financing costs. Some property tax revenue in the Statement of Activities that does not provide current financial resources is not reported as revenue in the funds. Governmental funds report capital outlay as expenditures. However, in the Statement of Activities the cost of those assets is allocated over their estimated useful lives and reported as depreciation expense. This is the amount by which capital outlay ($18,981) exceeded depreciation ($72,918) in the current period. Repayment of long-term debt expenditure in the governmental funds, but the repayment reduces long-term debt in the Statement of Net Position. Interest expense accrued but not paid reported in the statement of activities does not require the use of current financial resources and therefore is not reported as expenditures in governmental funds. Note 4 - Deposits –Custodial Credit Risk Cash and Cash Equivalents As of September 30, 2014, the carrying amount and account balance of the checking account was $5,832 and $9,039 respectively. As of September 30, 2014, the carrying amount and account balance of the money market account was $776,389. $535,429 was uninsured and uncollateralized as of September 30, 2014. Cash is held in custody of The Washington Trust Bank in MDC’s name. 17 Meridian Development Corporation Notes to Financial Statements September 30, 2014 Note 5 - Capital Assets Changes to capital assets are as follows: Balance Balance Oct. 1,Sept. 30, 2013 Additions Deletions Transfers 2014 Governmental Activities: Capital assets, not depreciated: Land 845,067 $ - $ - $ - $ 845,067$ Total capital assets, not depreciated 845,067 - - - 845,067 Capital assets, depreciated: Buildings 579,710 18,981 - - 598,691 Equipment 105,495 - - - 105,495 Intangibles 180,161 - - - 180,161 Total capital assets, depreciated 865,366 18,981 - - 884,347 Less accumulated depreciation Buildings (80,095) (19,956) - - (100,051) Equ ipment (64 ,430) (16 ,150) - - (80 ,5 80) Intangibles (126,892) (36,812) - - (163,704) Total accumulated depreciation (271,417) (72,918) - - (344,335) Total net capital assets, depreciated 593,949 (53,937) - - 540,012 Governmental activities capital assets, net 1,439 ,016 $ (53,93 7)$ - $ -$ 1,38 5, 079$ 18 Meridian Development Corporation Notes to Financial Statements September 30, 2014 Note 6 - Changes in Long-Term Debt During fiscal year 2011, MDC obtained two promissory notes, totaling $2,850,000, with Washington Trust Bank. These notes payable were incurred in order to complete a building to be sold as condominium and office space units. The first note was for $1,576,000 and matured on March 5, 2012. The second note was for $1,274,000 and matures on March 5, 2022. Proceeds from the sales of the units were used to repay the first note in total and a portion of the second note. The following is a summary of changes in debt of MDC for the year ended September 30, 2014. Balance Balance Oct. 1,Sept. 30, 2013 Debt Issued Debt Retired 2014 Governmental Activities: Note Payable - Building 902,233 $ -$ (99,213) $ 803,020 $ Governmental activities liabilities 902,233 $ - $ (99,213) $ 803,020 $ Maturities of the note payable are as follows for the years ended September 30: Pr inc ipa l Interest Tota l 2015 87,134 $ 27,234 $ 114,368 $ 2016 98,727 26,101 124,828 2017 102,638 22,192 124,830 2018 106,703 18,127 124,830 2019 110,928 13,901 124,829 2020-2022 296,890 29,054 325,944 Totals 803,020 $ 136,609 $ 939,629 $ Note 7 - Related Party Transactions MDC partners with the City of Meridian for various downtown improvements. During the fiscal year, total expenditures were $42,712. Note 8 - Line of Credit MDC has entered into a revolving line of credit with Washington Trust Bank that provides for available borrowings up to $100,000. The agreement matures on July 30, 2015. Borrowings under the line of credit bear variable interest rate at 3.25% per annum. There were no amounts outstanding on the line as of September 30, 2014. Borrowings under the line of credit are subject to certain covenants and restrictions on indebtedness and dividend payments. www. eidebailly .com Required Supplementary Information September 30, 2014 Meridian Development Corporation See Notes to Required Supplementary Information 19 Meridian Development Corporation Schedule of Revenues, Expenditures, and Changes in Fund Balances – Budget and Actual – General Fund Year Ended September 30, 2014 Budgeted Amounts Variance Actual With Original Final Amounts Final Budget Revenues General property tax revenue 790,000 $ 790,000 $ 693,754 $ (96,246) $ Interest earnings 500 500 752 252 Other revenue - - 10,326 10,326 Total revenues 790,500 790,500 704,832 (85,668) Expenditures Office and operating expense 576,140 576,140 403,727 172,413 Professional services, surveys, studies 214,100 214,100 189,596 24,504 Public education and marketing 67,252 67,252 19,793 47,459 Debt service Principal 90,830 90,830 99,213 (8,383) Interest 34,000 34,000 36,019 (2,019) Capital Outla y 80,000 80,000 18,981 61,019 Total expenditures 1,062,322 1,062,322 767,329 294,993 Net change in fund balances (271,822) (271,822) (62,497) 209,325 Fund Balance, Beginning of yea r 690,856 690,856 790,596 99,740 End of yea r 419,034 $ 419,034 $ 728,099 $ 309,065 $ 20 Meridian Development Corporation Notes to Required Supplementary Information September 30, 2014 Budgets and Budgetary Accounting MDC follows these procedures in establishing the budgetary data reflected in the financial statements: Prior to September 1, the members of the Board of Commissioners and the contract administrator prepare a proposed operating budget for the fiscal year commencing on October 1. The operating budget includes proposed expenditures and the means of financing them. Public hearings are conducted at City Hall to obtain taxpayer comments. Prior to October 1, the budget is legally enacted through passage of an ordinance. Budgets are adopted on a basis consistent with generally accepted accounting principles (GAAP) for the general fund. All annual appropriations lapse at fiscal year-end. Revisions that alter the total expenditure appropriation of any fund must be approved by the Board of Commissioners. State law does not allow fund expenditures to exceed fund appropriations. Formal budgetary integration is employed as a management control device during the year. www. eidebailly .com 877 W. Main St., Ste. 800 | Boise, ID 83702-5858 | T 208.344.7150 | F 208.344.7435 | EOE 21 Independent Auditor’s Report on Internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standard Members of the Board of Commissioners Meridian Development Corporation, a component unit of the City of Meridian, Idaho Meridian, Idaho We have audited, in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards , issued by the Comptroller General of the United States, the financial statements of the governmental activities, and the major fund of Meridian Development Corporation (MDC), a component unit of the City of Meridian, Idaho as of and for the year ended September 30, 2014, and the related notes to the financial statements, which collectively comprise Meridian Development Corporation’s basic financial statements, and have issued our report thereon dated November 25, 2014. Internal Control over Financial Reporting In planning and performing our audit of the financial statements, we considered Meridian Development Corporation's internal control over financial reporting (internal control) to determine the audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of Meridian Development Corporation’s internal control. Accordingly, we do not express an opinion on the effectiveness of Meridian Development Corporation’s internal control. A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the entity’s financial statements will not be prevented, or detected and corrected on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance. Our consideration of internal controls over financial reporting was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal controls over financial reporting that might be material weaknesses or significant deficiencies. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. However, material weaknesses may exist that have not yet been identified. 22 Compliance and Other Matters As part of obtaining reasonable assurance about whether Meridian Development Corporation's financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards . Purpose of this Report The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the entity’s internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the entity’s internal control and compliance. Accordingly, this communication is not suitable for any other purpose. Boise, Idaho November 25, 2014 Meridian City Council Meeting DATE: May 12, 2015 ITEM NUMBER: 7C PROJECT NUMBER: ITEM TITLE: Petition for Exclusion of Land from Nampa Meridian Irrigation District and Annexation to New York Irrigation District Title 43 Chapter 10 & 1 1 Idaho Code MEETING NOTES WaA.,mf&A4y- F1 APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS PETITION FOR EXCLUSION OF LAND FROM NAMPA-MERIDIAN IRRIGATION DISTRICT AND ANNEXATION TO NEW YORK IRRIGATION DISTRICT TITLE 43 CHAPTERS 10 & 11 IDAHO CODE PETITION(S): (Full legal name of all owners of the subject property and mailing address). City of Meridian, an Idaho Municipal Corporation 33 E. Broadway Ave, Meridian ID 83642 STATEMENTS: 1. The land owned by the undersigned is located within the Nampa -Meridian Irrigation District. 2. That it would be for the benefit of the petitioner and the New York Irrigation District and Nampa - Meridian Irrigation District that the subject land be excluded from Nampa -Meridian Irrigation District and annexed into the New York Irrigation District 3. That the legal description of the land owned by the undersigned petitioner(s) is as follows: Lot 2, Block 3 Kentucky Ridge Estates Sub 4. Petitioners understand that land excluded from the District pursuant to the processing on this petition shall not be entitled to receive water from the water rights or from the irrigation works and system of the Nampa -Meridian Irrigation District and shall be deemed to have fully relinquished all such water rights and benefits to the New York Irrigation District. 5. Said Petition for Exclusion from the Nampa -Meridian Irrigation District and annexation into the New York Irrigation District have been requested by said Irrigation Districts for the best interests and benefit of said Districts such has been agreed to by Petitioners and which will also benefit Petitioners. 6. This Petition for Exclusion filed with the Nampa -Meridian Irrigation District constitutes representations to the District by the Petitioner or Petitioners that the facts stated in this Petition are true and correct. 7. New York Irrigation District will create a LID (Local Improvement District) under Idaho Statute for Kentucky Ridge Subdivisions #1 and #2 to be able to take advantage of a PUIS (Pressurized Urban Irrigation System). The City of Meridian will not be included in the PUIS and is petitioning to not be included in the LID. NOTE: The petition must be signed by all owners of record including contract purchases. If community property, both husband and wife must sign. Should any other company and/or individuals hold an interest or lien of record, their consent must be granted as well. Petition Exclusion -Annexation -LID, page 1, 2-1-15 I/WE HAVE READ AND FULLY UNDERSTAND THE ABOVE STATEMENTS AND ACKNOWLEDGE ALL FACTS STATED IN THIS PETITION FOR EXCLUSION AND ANNEXATION TO BE TRUE AND CORRECT TO THE BEST OF MY/OUR KNOWLEDGE. Signature(s) if applicable for Exclusion Mayor Ta ` d eerd WHEREFORE, that the undersigned do hereby petition that the above described lands be Annexed to and be included within the boundaries of New York Irrigation District. Signature(s) if applicable for Annexation -Inclusion WHEREFORE, that the undersigned PETITION TO BE EXCLUDED FROM the LID being proposed by New York Irrigation District. Signature(s) this will be applicable to all homeowners r or Tam y e Weerd ATTEST: Jaycee LL*olman, City Clerk STATE OF IDAHO, ) ss County of Ada ) 60 NE. AUpGSTl1 9oW n ^ City of IDAHO SEAL <<6e TREAS' .100 On this �D day of W o'� , 2015, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and JAYCEE L. HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. �...art, IC. •.•'caS. (SEAL); 5'O Q,•: Petition Woqi nexation-LO, page 1, 2-1-15 NOTARY MBL RESIDING AT: F-, MY COMMISSION IL-1� , a o a 6 Meridian City Council Meeting DATE: May 12, 2015 ITEM NUMBER: 7D PROJECT NUMBER: ITEM TITLE: Parks & Recreation Dept.: 2015 Meridian Pathways Network Map Update MEETING NOTES C_✓,� Ca; b�o�f Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS May 7, 2015 MEMO TO: Mayor & City Council FROM: Jay Gibbons, Parks & Pathways Project Manager RE: Meridian Pathways Network Map Update The Meridian Parks & Recreation Department is proud to bring forward an update to the City's Pathway Network Map for review and discussion. The proposed update has been presented to the Meridian Parks Commission, who forwarded the update to Council with an approval recommendation. Included in the 2015 update are fifteen (15) recently completed segments and three (3) previously contemplated segments removed from the plan. Attached exhibit 1 is the overall Pathways Network Map with each revision denoted with a letter. Exhibits 1 through 18 provide an enlargement of each revised pathway segment with a description of what has changed from 2012. Staff will provide a presentation at the May 12`h Council workshop and provide any explanation, clarification or additional information. A resolution adopting the updated Pathway Network Map will be placed on the Council's next available agenda for approval. Meridian Pathways Ietw►ork Map 1 •. 1 1 1 1 1 1 1 RY � U Legend Pathways Other Existing Pathway FAIRVI 1 Proposed Pathway —•—• Alternative Route ® Park 1 School On Street Route Area of Impact 1 PINE CHINDEN PINEJ pew #mac - 1 FRANKLIN 1 1 1 1 � 1 0 CO I TERSTATE 84 MCMILLAN 1 1 O 1 —ERLAND 2 1 1 1 1 U 1 1 1 1 1 1 1 1 RY � U `. EXHIBIT 1 1 1 � 1 1 � � 1 1 Legend Pathways Other Existing Pathway FAIRVI Future Transit Station Proposed Pathway —•—• Alternative Route ® Park —•— Long -Term Route School On Street Route Area of Impact `. EXHIBIT 1 1 1 � 1 1 � � 1 1 _ FAIRVI PINE PINEJ FRANKLIN 1 I TERSTATE 84 —ERLAND 1 1 R - At 1 Q � 1 1 � � 1 � J � W > 1 0 1 Cn L 1 1 w a � 1 1 � � - 1 OLUMBI 1 -------� Amended Pathway Segments May 2015 1 r!!loo� 0 0.5 1 2 Miles SM2016 JAG Nourse Lateral - Cottonwood LLC Connection Revise the map on 4-3 (Meridian Pathways Network Map), to reflect a recently completed pathway connection along the Nourse Lateral connecting Ten Mile Road and McMillan Road through the Cottonwood LLC development. Feet 0 100 200 400 600 800 2015 Meridian Pathways Master Plan Amendment Legend Existing Pathway Proposed Pathway -•-•-•• Alternative Route -•-•- Long -Term Route On Street Route EXHIBIT 2 (A) X Meridian Loop - Fox Run to Meridian Road Revise the map on 4-3 (Meridian Pathways Network Map), to reflect a recently completed pathway connection along Gable Street and Producer Drive completing the connection between Linder Road and Meridian Road through the Paramount development. Feet 0 162.5 325 650 975 1,300 2015 Meridian Pathways Master Plan Amendment Legend —•-•� Existing Pathway Proposed Pathway -•----• Alternative Route -•-•- Long -Term Route On Street Route EXHIBIT 3 (B) 0 WE III Meridian Loop - Diamond Creek to Morpheus Way Revise the map on 4-3 (Meridian Pathways Network Map), to reflect a recently completed pathway connection along Diamond Creek Avenue, through Suguaro Canyond Subdivision to Morpheus Way, in Madelynn Estates Subdivision. Feet 0 162.5 325 650 975 1,300 2015 Meridian Pathways Master Plan Amendment C Legend Existing Pathway Proposed Pathway -•----• Alternative Route -•-•- Long -Term Route On Street Route EXHIBIT 4 (C) a die mass so NINE- ■ Strauss ub Wilson' Meridian Loop - Morpheus to Locust Grove Revise the map on 4-3 (Meridian Pathways Network Map), to reflect a recently completed pathway connection through the Sagauro Springs subdivision beween Morpheus Way and Locust Grove Road. Further, the future pathway previously shown runing north -south on the west edge of Larkwood Subdivision has been removed. Feet 0 162.5 325 650 975 1,300 2015 Meridian Pathways Master Plan Amendment Legend - Existing Pathway Proposed Pathway -•-•-•• Alternative Route -•-•- Long -Term Route On Street Route EXHIBIT 5 (D) Birchstone Subdivision to Five Mile Pathway Revise the map on 4-3 (Meridian Pathways Network Map), to remove a pathway segment that does not exist. It appears the segment was originally shown on the map to provide a connection between Birchstone subdivision and a future segment of the Five Mile Pathway. When the area develops, the existing separated sidewalk on Black Cat will connect to the north. A multi -use pathway is not warranted. Feet 0 162.5 325 650 975 1,300 2015 Meridian Pathways Master Plan Amendment Legend Existing Pathway Proposed Pathway -•---•• Alternative Route -•-•- Long -Term Route On Street Route EXHIBIT 6 (E) V 0 Discovery Elem. School Meridian Loop - Morpheus to Locust Grove Revise the map on 4-3 (Meridian Pathways Network Map), to reflect a recently completed pathway connection through the Zebulon Heights subdivision beween Camas Creek Way and Rogue River Ave. .ti Feet 0 162.5 325 650 975 1,300 2015 Meridian Pathways Master Plan Amendment �Aa-�0000000�.-- e Ro-C -stem u 0 K� vood� 0 n Legend Existing Pathway Proposed Pathway —•---•• Alternative Route —•—•— Long -Term Route On Street Route EXHIBIT 8 (G) South Slough Pathway - Kleiner Park to River Valley Revise the map on 4-3 (Meridian Pathways Network Map), to reflect a recently completed pathway connection through Kleiner Park and connecting to Eagle Road at the River Valley Intersection. Feet 0 162.5 325 650 975 1,300 2015 Meridian Pathways Master Plan Amendment Legend Existing Pathway Proposed Pathway -•-•-•• Alternative Route -•-•- Long -Term Route On Street Route EXHIBIT 9 (H) Q 0 Ten Mile Stub Drain Pathway - Rail ROW to Pine/Ten Mile Revise the map on 4-3 (Meridian Pathways Network Map), to reflect a recently completed pathway connection through Canterbury Commons Subdivision and connecting the Railroad Right of Way to Pine Avenue and Ten Mile Road. Feet 0 162.5 325 650 975 1,300 2015 Meridian Pathways Master Plan Amendment Legend Existing Pathway Proposed Pathway -•----• Alternative Route -•-•- Long -Term Route On Street Route EXHIBIT 10 (1) Five Mile CreekPathway - Fairview to Pine Revise the map on 4-3 (Meridian Pathways Network Map), to reflect a recently completed pathway connection from Badley to Pine Avenue and removing alternative future pathway routes to the Fairview/Lakes Place signalized intersection. Feet 0 165 330 660 990 1,320 2015 Meridian Pathways Master Plan Amendment Legend Existing Pathway Proposed Pathway -.-n--° Alternative Route -•-•- Long -Term Route On Street Route EXHIBIT 11 (J) ------------ Ten Mile Creek Pathway - Rail ROW to Ten Mile Revise the map on 4-3 (Meridian Pathways Network Map), to reflect a recently completed pathway connection through Store It Self Storage and connecting the Railroad Right of Way to Ten Mile Road. 0 Feet 0 162.5 325 650 975 1,300 2015 Meridian Pathways Master Plan Amendment I O ---------------------••---•—•--- Legend Existing Pathway Proposed Pathway -•-•-•° Alternative Route -•-•- Long -Term Route On Street Route EXHIBIT 12 (K) Pedestrian Bridge Crossing I-84 Revise the map on 4-3 (Meridian Pathways Network Map), to reflect removal of the stand-alone pedestrian bridge connection over Interstate 84 west of the Meridian Interchange. A multi -use pathway is part of the interchange replacement project. Feet 0 162.5 325 650 975 1,300 2015 Meridian Pathways Master Plan Amendment Legend Existing Pathway Proposed Pathway -•-•-•• Alternative Route -•-•- Long -Term Route On Street Route EXHIBIT 13 (L) what' . 9e Ridenbaugh Canal Pathway - Overland Road at Ten Mile Road Revise the map on 4-3 (Meridian Pathways Network Map), to reflect a recently completed pathway segment as part of a new ACHD Park N Ride lot on Overland Road. Feet 0 162.5 325 650 975 1,300 2015 Meridian Pathways Master Plan Amendment Legend Existing Pathway —� Proposed Pathway ....... Alternative Route -•-•- Long -Term Route On Street Route EXHIBIT 14 (M) Bear Creek Connection - Alaska to Overland Revise the map on 4-3 (Meridian Pathways Network Map), to reflect recently completed multi -use pathway connection between Bear Creek Park and Overland Road through the Bear Creek subdivision and Walmart development. Feet 0 162.5 325 650 975 1,300 2015 Meridian Pathways Master Plan Amendment Legend Existing Pathway —� Proposed Pathway -•-• Alternative Route Long -Term Route --` On Street Route EXHIBIT 15 (N) �G (D 0 Ridenbaugh Canal Pathway - east of Eagle Road Revise the map on 4-3 (Meridian Pathways Network Map), to reflect the recently completed pathway segment connectiing the pathway built by Southerland Downs Subdivision to Eagle Road directly east of Fire Station 44. Feet 0 162.5 325 650 975 1,300 2015 Meridian Pathways Master Plan Amendment Legend —•— Existing Pathway Proposed Pathway -•---•• Alternative Route Long -Term Route -•� On Street Route EXHIBIT 16 (0) 200 1 V a Ten Mile Creek - Ridenbaugh Canal Connection Revise the map on 4-3 (Meridian Pathways Network Map), to remove a no longer needed pathway connection along west side of Locust Grove Road between Ten Mile Creek and the Ridenbaugh Canal. A 5' separated sidewalk connects the residential development frontages. Feet 0 162.5 325 650 975 1,300 2015 Meridian Pathways Master Plan Amendment Legend Existing Pathway Proposed Pathway -•----• Alternative Route -•-•- Long -Term Route On Street Route EXHIBIT 17 (P) -MM MEW M1 Ridenbaugh Canal Connection - west of Locust Grove Revise the map on 4-3 (Meridian Pathways Network Map), to reflect a recently constructed multi -use pathway segment adjacent to the south bank of the Ridenbaugh Canal running through the Reflection Ridge subdivision. .�i Feet 0 162.5 325 650 975 1,300 2015 Meridian Pathways Master Plan Amendment Legend Existing Pathway - Proposed Pathway -----•- Alternative Route -•-•- Long -Term Route On Street Route EXHIBIT 18 (Q) Ridenbaugh Canal Connection - west of Locust Grove Revise the map on 4-3 (Meridian Pathways Network Map), to reflect a recently constructed multi -use pathway segment adjacent to the south bank of the Ridenbaugh Canal running through the Reflection Ridge subdivision. .�i Feet 0 162.5 325 650 975 1,300 2015 Meridian Pathways Master Plan Amendment Legend Existing Pathway - Proposed Pathway -----•- Alternative Route -•-•- Long -Term Route On Street Route EXHIBIT 18 (Q) Ridenbaugh Canal to Ten Mile Stub Drain Connection Revise the map on 4-3 (Meridian Pathways Network Map), to reflect a recently constructed multi -use pathway segment adjacent to Highcliff Street connecting existing multi -use pathways built by the Bellingham Park and Messina Meadows subdivisions. Feet 0 162.5 325 650 975 1,300 2015 Meridian Pathways Master Plan Amendment Legend Existing Pathway Proposed Pathway ------- Alternative Route -•-•- Long -Term Route On Street Route EXHIBIT 19 (R) MIMI MIMI IN MW MM EM Ridenbaugh Canal to Ten Mile Stub Drain Connection Revise the map on 4-3 (Meridian Pathways Network Map), to reflect a recently constructed multi -use pathway segment adjacent to Highcliff Street connecting existing multi -use pathways built by the Bellingham Park and Messina Meadows subdivisions. Feet 0 162.5 325 650 975 1,300 2015 Meridian Pathways Master Plan Amendment Legend Existing Pathway Proposed Pathway ------- Alternative Route -•-•- Long -Term Route On Street Route EXHIBIT 19 (R) Meridian City Council Meeting DATE: May 12, 2015 ITEM NUMBER: 7E PROJECT NUMBER: ITEM TITLE: City Council Liaison/Committee Updates MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: May 12, 2015 ITEM NUMBER: $A PROJECT NUMBER: AZ 15-001 ITEM TITLE: Ordinance No. /S /& Vy An Ordinance (, Z 15-001 - Paramount Southeast) for the Rezone of a Parcel of Land Being a Portion of the SE 1/4 of Section 25, Township 4 North, Range 1 West, Ada County, Idaho Establishing and Determining the Land Use Zoning Classification of Said Lands from C -G to R-40 and from R-40 to C -G and Providing an Effective Date MEETING NOTES rte✓ APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich 2015-041020 BOISE IDAHO Pgs=6 LISA BATT 05/14/2015 10:03 AM MERIDIAN CITY NO FEE- 00097754201600410200060060 EE— IIIII II 11000917 42010 41120006 011111111111111 00097754201500410200050060 CITY OF MERIDIAN ORDINANCE NO. / 5 — /(a / BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA AN ORDINANCE (RZ 15-001— PARAMOUNT SOUTHEAST) FOR THE RE -ZONE OF A PARCEL OF LAND BEING A PORTION OF THE SE % OF SECTION 25, TOWNSHIP 4 NORTH, RANGE I WEST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY IDAHO; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF R-40 (HIGH DENSITY RESIDENTIAL) ZONING DISTRICT TO C -G (GENERAL RETAIL AND SERVICE COMMERCIAL) ZONING DISTRICT AND C -G (GENERAL RETAIL AND SERVICE COMMERCIAL) TO R-40 (HIGH DENSITY RESIDENTIAL)IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for re -zoning by the owner of said property, to -wit: Brighton Investments, LLC. SECTION 2. That the above-described real property is hereby re -zoned from the R-40 High Density Residential) zoning district to the C -G (General Retail and Service Commercial) zoning district and re -zoned from the C -G (General Retail and Service Commercial) zoning district to the R-40 (High Density Residential) zoning district, in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian zone said property SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to re -zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. RE ZONE ORDINANCE—PARAMOUNT SOUTHEAST—RZ 15-001 PAGE I OF 3 SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED 'B�Y�THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this aday of � p v (, 2015. 99 APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this /oZ day of , 2015. MA Y de WEERD ATTEST: 0 0o City of JAYCEE t HOLMAN, CITY CLL%IW I-` ..oxo SEAL 6Q , °�IAe tPE Asj/ REZONE ORDINANCE— PARAMOUNT SOUTHEAST — RZ 15-001 PAGE 2 OF 3 STATE OF IDAHO, ) ) ss: County of Ada ) On this 1a day of (01 2015, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and JAYCEE L. HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ICA (SEAL) **"*,-6T4"" !j' `r OF IDN ••1.000 �r Nory�blic or Residing At: Her, �J\ k 0, r) I My Commission Expires: Jg p REZONE ORDINANCE -PARAMOUNT SOUTHEAST-RZ 15-001 PAGE 3 OF 3 EXHIBIT A Legal Description and Exhibit Map for Proposed Rezone TEALEY'S LAND 12594 W. Explorer Drive, Suite 150 • Boise, Idaho 83713 SURVEYING (208) 385-0636 Fox (208) 3B5-0696 Project. No.: 3819 Date: January 15, 2015 Revised: January 21, 2015 Revised: February 27, 2015 DESCRIPTION FOR PARAMOUNT SOUTHEAST—OLD C -G ZONETO NEW R-40 ZONE A parcel of land being a portion of the BE % of Section 25, TAN., R.1 W., B.M., Meridian, Ada Courtly, Idaho and more particularly described as follows: Commencing at a brass cap marking the Southeast comer of said Section 25; thence along the South boundary of said Section 25 North 89°2726" West 773.48 feet to a point marking the POINT OF BEGINNING; thence continuing North 89'2726" West 126.52 feet to a paint; thence leaving said South boundary North 00°3234" East 897.58 feetto a point; thence South 89036'40" East 560.11 feet to a point; Ihence South 00'23'20" West 222.34 feet to a point; thence North 89'36'40" West 214.00 feet to a point of curve; thence along the arc of a curve to the left 348.72 feet, said curve having a radius of 222.00 feet, a central angle of 90'00'00" and a long chord bearing South 45'23'20' West 313.96 feet to a point of tangent; thence South 00'23'20' West 453.57 feet to the POINT OF BEGINNING, Said parcel of land contains 5.05 acres, more or less. rvntvaW ue�o-.us n+oaewot.ine Paramount Southeast RZ-15-001 EXHIBIT A TEALEY'S LAND 12599 W. Eaplorer Drive, Suite 150 • Boise, Idaho 83713 SURVEYING (208) 385-0536 Fax (208) 335-0496 Project. No.: 3819 Date: January 15, 2015 Revised: February 27, 2015 DESCRIPTION FOR PARAMOUNT SOUTHEAST— OLD R-40 ZONE TO NEW C -G ZONE A parcel of land being a portion of the BE Y. of Section 25, TAN., R.1W., B.M., Meridian, Ada County, Idaho and more particularly described as follows: Commencing at brass cap marking the Southeast corner of said Section 25; thence along the East boundary of said Section 25 North 00°23'20" East 899.99 feet to a point marking the POINT OF BEGINNING; thence leaving said East boundary North 89°36'40" West 337.47 feet to a point; thence North 00°23'20" East 436.00 feet to a point; thence South 89"36'40" East 337.47 feet to a point an said East boundary of Section 25; thence along said East boundary South 00°23'20° West 435.00 feetto the POINT OF BEGINNING, Said parcel of land contains 3.37 acres, more or less. Paramount Southeast RZ-15-001 EXHIBIT 8 RE -ZONE E%N191T FOR ...AMOUNT SOUTHEAST •rm.wu rc nc s v. u v., scow n. �rlwaa.. ew.. m 5 Duro 2015 Paramount Southeast RZ-15-001 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(AI)f CITY OF MERIDIAN ORDINANCE NO. 15- /(o`�`1 PROVIDING FOR RE ZONING ORDINANCE An Ordinance of the City of Meridian granting re-zoning of a parcel of land being a portion of the SE 1/4 of Section 25, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County. This parcel contains 8.42 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of-way of record or implied. As in attached exhibit"B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, o:•i ia.p •o. This ordinance shall become effective on the day of -4/K3 , 2 ;. G City of E.11 \..IDAHO Ci ' of t ridian SEAL Mayor and City Council ER f tno TRE By: Jaycee L. Holman, City Clerk First Reading: 54)-qr- Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50-902: YES / NO Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 15- /(,y-/ The undersigned, William L.M.Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 14' I C,LAI of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A(3). DATED this /411r day of , 2015. ciq // William. L.M.Nary City Attorney RE ZONE ORDINANCE SUMMARY-PARAMOUNT SOUTHEAST—RZ 15-001 PAGE 1