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2017-02-07Meridian City Council Meeting Agenda Tuesday, February 7, 2017 – Page 1 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk’s Office at 888-4433 at least 48 hours prior to the public meeting. 1. City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, February 7, 2017 at 6:00 PM 6:02PM 1. Roll-Call Attendance X Anne Little Roberts X Joe Borton X Ty Palmer X Keith Bird __O___ Genesis Milam __X___ Luke Cavener X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by David Duron with Meridian First Baptist Church 4. Adoption of the Agenda Adopted as amended 5. Consent Agenda Approved A. Approve Minutes of January 17, 2017 City Council Regular Meeting B. Approve Minutes of January 24, 2017 City Council Regular Meeting C. Findings of Fact, Conclusions of Law for Approval for Firenze Plaza (H- 2016-0102) by Sharryn Ann Clark and David L Clark Located at the Northwest Corner of East Amity Road and South Eagle Road D. Findings of Fact, Conclusions of Law for Approval for Borough Subdivision (H-2016-0135) by Scott Noriyuki, Northside Management Located 1288 E. Everest Street E. Development Agreement for Black Cat and Chinden (H-2016-0120) with Pine Street, LLC., located at 6280 N. Black Cat Road, in the NW 1/4 of Section 27, Township 4N., Range 1W F. Development Agreement for Movado Estates (AZ, PP H-2016-0112) with C4 Land, LLC (Owner) and DevCo, LLC (Developer) located on the south side of E. Overland Road between S. Topaz Way and S. Cloverdale Road, in the NE ¼ of Section 21, Township 3 North, Range 1 East (Parcel S1121131500 and S1121141800) CITY COUNCIL REGULAR AMENDED MEETING AGENDA Meridian City Council Meeting Agenda Tuesday, February 7, 2017 – Page 2 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk’s Office at 888-4433 at least 48 hours prior to the public meeting. G. Modified Development Agreement for Laurel's Townhouses (H-2016-0065) with Northside Management (Developer) and Corey Barton (Owner) located at 2116 S. Accolade Avenue in the northeast ¼ of Section 20, Township 3 North, Range 1 East H. Final Plat for Laurel’s Townhomes (H-2016-0136) by Scott Noriyuki, Northside Management Located 2116 S. Accolade Avenue I. Development Agreement for Linder Road Apartments (H-2016-0111) with S3 Investments, LP located at 1770 N. Linder Road, in the northwest 1/4 of Section 24, Township 3N, Range 1 West (Parcel#: S1224223550) J. Final Plat for Baraya Subdivision No. 2 (H-2017-0002) by Schultz Development, LLC Located 3935 W. Franklin Road K. Final Plat Modification for Shallow Creek (H-2017-0003) by A Team Land Consultants Located Southeast Corner of S. Locust Grove Road and E. Franklin Road L. Olivetree at Spurwing Sanitary Sewer Easement between the City of Meridian and Spurwing Corporation M. Contract for an Easement and Sanitary Sewer Easement from Redtail Communities for Black Cat trunk at Meridian and Victory N. Budget Amendment for FY2017 Grant Carryforward for a Not-to-Exceed Amount of $445,422 O. Budget Amendment for FY2017 Annual Carryforward for a Not-to-Exceed Am ount of $14,219,586 P. Approval of Award of Bid and Agreement to GRANITE EXCAVATION, INC. for the “EAST WASHINGTON & CARLTON SEWER MAIN REPLACEMENT” project for a Not-To-Exceed amount of $425,318.52 Q. Agreement for Professional Services between the City of Meridian and Elite Extrication & Equipment for Maintenance on Fire Department TNT Extrication Equipment R. License Agreement Between the Nampa-Meridian Irrigation District and the City of Meridian Regarding a Multi-Use Pathway Along Five Mile Creek as Part of the Silverstone Roadway Extension S. Irrigation Crossing Agreement with Bureau of Reclamation at the Carlson and Farr Laterals for the South Meridian Sewer Extension Meridian City Council Meeting Agenda Tuesday, February 7, 2017 – Page 3 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk’s Office at 888-4433 at least 48 hours prior to the public meeting. 6. Items Moved From the Consent Agenda None 7. Community Items/Presentations A. Mayor’s Youth Advisory Council Update B. 2017 Storm Event Update / After Action Report C. FY2016 Audit Report Update 8. Action Items Land Use Public Hearing Process: After the Public Hearing is opened the staff report will be presented by the assigned City planner. Following Staff’s report the applicant has up to 15 minutes to present their application. Each member of the public may provide testimony up to 3 minutes or if they are representing a larger group, such as a Homeowners Association, they are allowed 10 minutes. The applicant is then allowed 10 additional minutes to respond to the public’s comments. No additional public testimony is taken once the public hearing is closed. The City Council may move to continue the item for additional information or vote to approve or deny the item with or without changes as presented. The Mayor is not a member of the City Council and pursuant to Idaho Code does not vote on public hearing items, unless to break a tie vote. A. Public Hearing for Tree Farm Subdivision (H-2016-0128) by M3 Companies, LLC Located at 4740 W Chinden Blvd Approved 1. Request: Rezone of a portion of property from R-2 (10.17 acres), R-8 (33.84 acres) R-15 (.24 acres) to R-4 (44.26 acres) and rezone C-C (.27 acres) and R-15 (154 square feet) to R-8 (.3 acres). 2. Request: Preliminary Plat consisting of 161 building lots and 15 common lots on 61.64 acres of land in a proposed R-4 and R-8 zoning district. B. Water and Sewer Services for 175 N. Black Cat Road Motion to draft an agreement approved 9. Department Reports A. Finance: OpenGov Software Update B. Amended Public Works: Wastewater Recovery Reference Facility (WRRF) Capacity Expansion Project 1. Purchase of Grit Removal Equipment from Hydro International for a Not- To-Exceed amount of $820,730.00 and approval of Purchase Order #17-0191 to Hydro International for a Not-To-Exceed amount of $82,073 Meridian City Council Meeting Agenda Tuesday, February 7, 2017 – Page 4 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk’s Office at 888-4433 at least 48 hours prior to the public meeting. and authorize the Purchasing Manager to sign as this procurement is to be paid in 2 fiscal years: $82,073 in FY17 and $738,657 to be paid in FY18. Approved 2. Approval of Task Order 10601.H to CH2M Hill Engineers, Inc. for the “WRRF LIQUID STREAM CAPACITY EXPANSION – PROCESS CONTROL SOFTWARE INTEGRATION” project for the Not-To-Exceed amount of $642,355.00 and approval of Purchase Order #17-0198 to CH2M Hill Engineers, Inc. for a Not-To-Exceed amount of $292,980 and authorize the Purchasing Manager to sign as this procurement is to be paid in 3 fiscal years: $292,980 in FY17, $185,856 to be paid in FY18 and $163,518 to be paid in FY19. Approved C. Public Works: Project Closeouts D. Fire Department: Treasure Valley Cooperative Fire Authority Interagency & Joint Powers Agreement E. Parks and Recreation Department: Bainbridge Park Discussion 1. Reimbursement Agreement for Bainbridge Park between Brighton Development Incorporated and City of Meridian for a Not-to-Exceed Amount of $425,000 Approved 2. Budget Amendment for Bainbridge Park Construction for a Not-to-Exceed Amount of $577,184 Approved 3. Contract Agreement between City of Meridian and The Russell Corporation as Construction Manager for Bainbridge Park for a Not -to- Exceed Amount of $1,432,483 Approved F. Parks and Recreation Department: Reta Huskey Park Discussion 1. Budget Amendment for Reta Huskey Park Construction for a Not -to- Exceed Amount of $103,857 Approved 2. Contract Agreement between City of Meridian and Engineered Structures, Inc. as Construction Manager for Reta Huskey Park for a Not -to-Exceed Amount of $1,336,327 Approved G. Parks and Recreation Department: Hillsdale Park Discussion 1. Budget Amendment for Hillsdale Park Construction for a Not -to-Exceed Amount of $280,618 Approved Meridian City Council Meeting Agenda Tuesday, February 7, 2017 – Page 5 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk’s Office at 888-4433 at least 48 hours prior to the public meeting. 2. Contract Agreement between City of Meridian and The Russell Corporation as Construction Manager for Hillsdale Park for a Not-to- Exceed Amount of $1,551,754 Approved 10. Ordinances A. Ordinance No. 17-1721: An Ordinance (H-2016-0120 Black Cat and Chinden) FOR ANNEXATION OF A PARCEL OF LAND BEING LOT 1, BLOCK 1 OF RAMBO SUBDIVISION AS FILED IN BOOK 63 OF PLATS AT PAGES 6368 AND 6369, RECORDS OF ADA COUNTY, IDAHO AND A PORTION OF THE NW ¼ OF THE NW ¼ OF SECTION 27, ALL LOCATED IN THE NW ¼ OF THE NW ¼ OF SECTION 27, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO, AS DESCRIBED IN ATTACHMENT “A” AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT TO L-O (LIMITED OFFICE DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. Approved B. Ordinance No. 17-1722: An Ordinance (H-2016-0112 Movado Estates Subdivision) FOR ANNEXATION FOR A PARCEL LOCATED IN THE NE ¼ OF SECTION 21, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, AS DESCRIBED IN ATTACHMENT “A” AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT TO R-8 (MEDIUM DENSITY RESIDENTIAL DISTRICT) (58.64 ACRES) AND R-15 (MEDIUM HIGH DENSITY RESIDENTIAL DISTRICT)(44.05 ACRES) 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. Approved C. Ordinance No. 17-1723: An Ordinance (H-2016-0111 – Linder Road Apartments) FOR ANNEXATION AND REZONE OF A PARCEL OF LAND Meridian City Council Meeting Agenda Tuesday, February 7, 2017 – Page 6 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk’s Office at 888-4433 at least 48 hours prior to the public meeting. LOCATED IN THE NW ¼ OF SECTION 24, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO, AS DESCRIBED IN ATTACHMENT “A” AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT TO R-15 (MEDIUM HIGH DENSITY RESIDENTIAL) DISTRICTS 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. Approved 11. Future Meeting Topics 12. Amended Executive Session per Idaho State Code 74-206(1)(f) and 74-206(1)(d); (f): To communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation; (d): To consider records that are exempt from disclosure as provided in chapter 1, title 74 , Idaho Code. Into Executive Session at 10:18pm Out of Executive Session at 10:58pm Adjourned at 10:58pm Meridian City Council Meeting DATE: February 7, 2017 ITEM NUMBER: 5A PROJECT NUMBER: ITEM TITLE: Approve Minutes of January 17, 2017 City Council Regular 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 January 17, 2017 Page 67 of 67 MAYOR TA7 DE WEERD ATTEST: n C. JAV@OLESL/CITY CLERK /z/ -)V/ � DATE APPROVED \�Gp�QpRATEDq�cGs� w D1AN� Meridian City Council Meeting DATE: February 7, 2017 ITEM NUMBER: 5B PROJECT NUMBER: ITEM TITLE: Approve Minutes of January 24, 2017 City Council Regular Meeting MEETING NOTES F44, APPIROVED 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 January 24, 2017 Page 13 of 13 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we come out of Executive Session and let no -- let it be shown no decisions were made. Borton: Second. De Weerd: I have a motion and a second. All those in favor say aye. Did I have all ayes? Bird: Yeah. De Weerd: Okay. All ayes. MOTION CARRIED: ALL AYES. De Weerd: Do I have a motion to adjourn. Bird: So moved. Milam: Second. Borton: Second. De Weerd: All in favor? All ayes MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 7:42 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) X17 MAYO MY de WEERD DATE APPROVED ATTEST/.-) C. JAY CCLtSJCITY CLERK I� j W Meridian City Council Meeting DATE: February 7, 2017 ITEM NUMBER: 5C PROJECT NUMBER: H-2016-0102 ITEM TITLE: Firenze Plaza Findings of Fact, Conclusions of Law for Approval for Firenze Plaza (H-2016-0102) by Sharryn Ann Clark and David L Clark Located at the Northwest Corner of East Amity Road and South Eagle Road MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0102 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the request to amend the Future Land Use Map (FLUM) contained in the Comprehensive Plan (CPAM) to change the land use designation on 26.81 acres of land from Low Density Residential (LDR) to Mixed Use-Community (MU-C); for annexation and zoning (AZ) of 40.38 acres of land from the RUT zoning district in Ada County to the C-C (16.33 acres) and R-8 (24.05 acres) zoning districts; and for a preliminary Plat (PP) consisting of 11 commercial lots, 2 common lots and 1 right-of-way lot on 16.33 acres in the proposed C-C zoning districts for Firenze Plaza Subdivision located on the northwest corner of E. Amity Road and S. Eagle Road, in the SE ¼ of Section 29, Township 3N., Range 1E., by Sharryn Ann and David Clark. Case No(s). H-2016-0102 For the City Council Hearing Date of: January 17, 2016 (Findings on February 7, 2017) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of January 7, 2017, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of January 7, 2017, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of January 7, 2017, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of January 7, 2017, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the “Local Land Use Planning Act of 1975,” codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0102 - 2 - 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval of the annexation and zoning request in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this annexation approval is subject to a development agreement containing the provisions in the attached Staff Report for the hearing date of January 17, 2017, incorporated by reference. C. Decision and Order Pursuant to the City Council’s authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant’s request for an amendment to the Future Land Use Map contained in the Comprehensive Plan is hereby approved per the conditions of approval in the Staff Report for the hearing date of January 17, 2017, attached as Exhibit A. 2. The applicant’s request for annexation and zoning was approved with an R-8 and C-C zoning districts with the requirement of a Development Agreement with the provisions noted in the Staff Report for the hearing date of January 17, 2017, attached as Exhibit A. 3. The applicant’s request for a preliminary plat is hereby approved based on the findings in the Staff Report for the hearing date of January 17, 2017, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Six (6) Month Development Agreement Duration The development agreement shall be signed by the property owner and returned to the City within six (6) months of the City Council granting annexation and/or rezone (UDC 11-5B-3D). A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the City if filed prior to the end of the six (6) month approval period (UDC 11-5B-3F). E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of January 17, 2017 By action of the City Council at its regular meeting held on the day of Fa 06,rV , 2(x'6. ;61-7 COUNCIL PRESIDENT KEITH BIRD COUNCIL VICE PRESIDENT JOE BORTON COUNCIL MEMBER ANNE LITTLE ROBERTS COUNCIL MEMBER TY PALMER COUNCIL MEMBER LUKE CAVENER COUNCIL MEMBER GENESIS MILAM MAYOR TAMMY de WEERD (TIE BREAKER) Mayor Attest:4-4 0 C. Jay dies �� ��l "0 City Clerk °�'aA eerd VOTED VOTED Y6,_ VOTED J VOTED ler VOTED Yl!�4 VOTED VOTED Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney. By: C . - 4 y w Dated: 21 City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0102 -3- Exhibit A Firenze Plaza – CPAM, AZ, PP H-2016-0102 PAGE 1 STAFF REPORT Hearing Date: January 17, 2017 TO: Mayor and City Council FROM: Josh Beach, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Firenze Plaza – AZ, CPAM, PP (H-2016-0102) I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Sharryn Ann Clark and David L. Clark, have submitted an application for the following:  An amendment to the Future Land Use Map (FLUM) contained in the Comprehensive Plan (CPAM) to change the land use designation on 26.81 acres of land from Low Density Residential (LDR) to Mixed Use-Community (MU-C);  Annexation and zoning (AZ) of 40.38 acres of land from the RUT zoning district in Ada County to the C-C (16.33 acres) and R-8 (24.05 acres) zoning districts;  Preliminary Plat (PP) consisting of 11 commercial lots, 2 common lots and 1 right-of-way lot on 16.33 acres in the proposed C-C zoning districts. See Section IX of the staff report for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed CPAM, AZ and PP applications in accord with the conditions of approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian Planning and Zoning Commission heard these items on December 15, 2016. At the public hearing, the Commission voted to recommend approval of the subject AZ, CPAM, and PP requests. a. Summary of Commission Public Hearing: i. In favor: Tamara Thompson ii. In opposition: Davis and Robin Kearns, Peggy McGee, Koriel, Emery and Gracie Humphries, Romeo Gervais, Karena and Andrew Gardner, Warren Cays, Ann Stephens, Connie Maus, Mike Boily, Carolyn Tenn, Jeff Brummer, Steven Stark, Melissa and David Feldman, Sean Weeks, Deanna Johnson, Ken Mutell, Kathleen Gallagher, Richard Gardner, Ben Miller, Bill Humphries, Jonathan Wadsworth, Kim Hodson, Suzanne Steenkolk, Richard Pullara, David Raine and Skye Ragland. iii. Commenting: Davis and Robin Kearns, Peggy McGee, Koriel, Emery and Gracie Humphries, Romeo Gervais, Karena and Andrew Gardner, Warren Cays, Ann Stephens, Connie Maus, Mike Boily, Carolyn Tenn, Jeff Brummer, Steven Stark, Melissa and David Feldman, Sean Weeks, Deanna Johnson, Ken Mutell, Kathleen Gallagher, Richard Gardner, Ben Miller, Bill Humphries, Jonathan Wadsworth, Kim Hodson, Suzanne Steenkolk, Rchard Pullara, David Raine and Skye Ragland, iv. Written testimony: A petition with several hundred signatures in opposition was received for this project. Exhibit A Firenze Plaza – CPAM, AZ, PP H-2016-0102 PAGE 2 v. Staff presenting application: Josh Beach vi. Other staff commenting on application: Bill Parsons b. Key issue(s) of Public Testimony: i. Vehicular and pedestrian connectivity with the surrounding Tuscany Subdivision; ii. Appropriateness of the zoning designations for the two outparcel lots (R-15 versus R-8); iii. High density residential developing on Parcel B. iv. Safety of the children using the amenities in the area, walking to nearby schools and waiting at surrounding bus stops. v. Leaving the comprehensive plan in place as is, the residents purchased their homes with the assumption that this would always be low-density residential housing. vi. Increased traffic through the Tuscany Subdivision. vii. Moving forward with the commercial development without having specific development plans for the residential portion of develop (e.g. connectivity, density, and design). c. Key Issues of Discussion by Commission: i. Density of the residential portions of the project that are to be developed in the future . ii. Removing the road connection from the proposed commercial portion of the project to S. Montague Way. iii. Appropriateness of the Comprehensive Plan Map Amendment. iv. Design standards of the TN-R zoning district in lieu of the R-15 zone. v. Prohibiting multi-family developments in the development agreement. vi. Inclusion of a minimum lot size for the residential portion of the proposed development. vii. Restricting the four (4) commercial lots (Block 2) in the northeast corner to the L-O uses. viii. Right-in/right-out accesses to Eagle and Amity Roads. ix. Completing the street frontage improvements along the entire length of S. Montague Way with the first phase of the development. x. R-8 versus R-15 zoning of the Parcel A property. d. Commission Change(s) to Staff Recommendation: i. Modified condition 1.1.1d requiring the construction of the entire S. Montague street improvements (curb, gutter, sidewalk and street buffer) with the first phase of development. ii. Modified condition 1.1.1i removing the requirement for R-15 zoning. iii. Struck condition 1.1.3d since the Commission recommended the R-8 zone for Parcel A and Parcel B. iv. Modified condition 1.1.1.e. based on the modification to condition 1.1.1.d. v. Modified condition 1.1.1.f. requiring the applicant to provide open calculations for the commercial portion with the first CZC or final plat application. vi. Modified condition 1.1.1.h. top reflect the new lot and block numbers of the revised plat. vii. Modified condition 1.1.1.l. to include the street names depicted on the revised plat. viii. Struck condition 1.1.1j ix. Struck condition 1.1.1k x. Struck condition 1.1.3.a. since the development agreement condition 1.1.1n. requires the Parcel A and Parcel B be further subdivided prior to any development occurring the parcels. xi. Struck condition 1.1.3.c. xii. Struck condition 1.1.7, same as condition 1.1.3.d. xiii. Included the revised concept plan/preliminary plat in Exhibit B. xiv. Included ACHD’s conditions in Exhibit B. e. Outstanding Issue(s) for City Council: i. The applicant has requested the Council approve the right-in/right-out accesses to Eagle and Amity Roads. At the December 14th ACHD Commission hearing, the Commission Exhibit A Firenze Plaza – CPAM, AZ, PP H-2016-0102 PAGE 3 denied the applicant’s request for the two access points however, staff has received an updated memo from ACHD staff stating they would evaluate the need for additional access points, if demonstrated to be necessary by a traffic analysis with future development applications (see memo from ACHD dated December 28, 2016). ii. Requiring the frontage improvements across Parcel B’s Eagle Road frontage with the first phase of development. The Meridian City Council heard this item on January 17, 2017. At the public hearings, the Council moved to approve the AZ, CPAM and PP requests. a. Summary of City Council Public Hearing: i. In favor: Tamara Thompson, Steven Stark ii. In opposition: Warren Cays, Suzanne Steenkolk, Sean Peterson, Andrew Gardner, Bill Humphries, Mike Boily, Ken Mutell, Kathleen Gallagher, Ann Stephens, Deanna Johnson, Richard Gardner, Justice Walcott, Romeo Gervais, Kallie Komoda, Connie Maus, Steven Yearsley, Kim Hodson, Brady Johnson, Nancy Boyd, Jonathan Wadsworth, Skye Ragland, David Raine, Jason Davidson, Karena Gardner, Kathy Stark, iii. Commenting: Warren Cays, Suzanne Steenkolk, Sean Peterson, Andrew Gardner, Bill Humphries, Mike Boily, Ken Mutell, Kathleen Gallagher, Ann Stephens, Deanna Johnson, Richard Gardner, Justice Walcott, Romeo Gervais, Kallie Komoda, Connie Maus, Steven Yearsley, Kim Hodson, Brady Johnson, Nancy Boyd, Jonathan Wadsworth, Skye Ragland, David Raine, Jason Davidson, Karena Gardner, Kathy Stark, John Ringert, Justin Lucas iv. Written testimony: Marcella Peterson, and a petition v. Staff presenting application: Josh Beach vi. Other staff commenting on application: Scott Colaianni b. Key Issues of Discussion by Council: i. Whether direct street access from the existing Tuscany subdivision is appropriate. ii. Which residential zoning designation would provide an adequate buffer around the proposed commercial development? III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2016- 0102, as presented in the staff report for the hearing date of January 17, 2017, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2016-0102, as presented during the hearing on January 17, 2017, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2016-0102 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located on the northwest corner of E. Amity Road and S. Eagle Road, in the SE ¼ of Section 29, Township 3N., Range 1E. B. Owner(s)/Applicant(s): Exhibit A Firenze Plaza – CPAM, AZ, PP H-2016-0102 PAGE 4 Sharryn Ann Clark and David L. Clark 303 Mt. Royal Drive Mt. Pleasant, SC 29464 C. Representative: The Land Group, Inc. 462 E. Shore Drive, Suite 100 Eagle, Idaho 83616 D. Applicant’s Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for a comprehensive plan map amendment, annexation and zoning and a preliminary plat. A public hearing is required before the Planning & Zoning Commission and City Council on these applications, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: October 10 and October 31, 2016 (Commission); December 30, 2016 (Council) C. Radius notices mailed to properties within 300 feet on: October 14, 2016 (Commission); December 22, 2016 (Council) D. Applicant posted notice on site(s) on: October 19, 2016 (Commission); January 6, 2017 (Council) VI. LAND USE A. Existing Land Use(s) and Zoning: This site consists of rural residential property and agricultural production, zoned RUT in Ada County. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Single family homes in Tuscany Subdivision, zoned R-8 2. East: S. Eagle Road and single-family residential property, zoned R-4 and RUT (Ada County) 3. South: E. Amity Road and single-family/agricultural property, zoned RUT in Ada County 4. West: Single family homes in the Tuscany Subdivision, zoned R-8 C. History of Previous Actions: None D. Utilities: 1. Public Works: a. Location of sewer: Sanitary sewer mains intended to provide service to the subject site currently exists in E. Mount Etna Drive and in S. Burgo Way. b. Location of water: Water mains intended to provide service to the subject site currently exist in E. Mount Etna Drive, S. Burgo Way, S. Montague Way, E. Amity Road, and S. Eagle Road. c. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: There is a small drainage ditch that needs to be relocated or tiled with the development of the subdivision project. 2. Hazards: Staff is not aware of any hazards that exist on this property. Exhibit A Firenze Plaza – CPAM, AZ, PP H-2016-0102 PAGE 5 3. Flood Plain: This site does not lie within the Meridian Floodplain Overlay District. VII. COMPREHENSIVE PLAN POLICIES AND GOALS LAND USE DESIGNATION (CURRENT): This property is designated Low Density Residential (LDR) on the Comprehensive Plan Future Land Use Map (FLUM). The LDR designation allows for the development of single-family homes on large lots where urban services are provided. Uses may include single-family homes at gross densities of 3 dwelling units or less per acre. See Exhibit A.2 for current FLUM. LAND USE DESIGNATION (PROPOSED): The applicant proposes to amend the FLUM to change the land use designation on 26.81 acres of land from Low Density Residential (LDR) to Mixed-Use Community (MU-C). The purpose of this designation is to allocate areas where community-serving uses and dwellings are seamlessly integrated into the urban fabric. The intent is to integrate a variety of uses, including residential, and to avoid mainly single-use and strip commercial type buildings. Non-residential buildings in these areas have a tendency to be larger than in Mixed Use— Neighborhood areas, but not as large as in Mixed Use – Regional areas. Goods and services in these areas tend to be of the variety that people will mainly travel by car to, but also walk or bike to (up to three or four miles). Employment opportunities for those living in and around the neighborhood are encouraged. Developments are encouraged to be designed according to the conceptual MU-C plan depicted in Figure 3-3 (Below). TRANSPORTATION: The applicant is proposing two public street connections, one to S. Eagle Road and one to E. Amity Road. The applicant is also requesting approval of two (2) drive aisle connection, also one to S. Eagle and one to E. Amity. All of these access points are predicated on ACHD and City Council granting the approval. DESIGN: The design of future structures on this site are required to comply with the design standards listed in UDC 11-3A-19 and the City of Meridian Architectural Standards Manual. The development should incorporate high quality architectural design and materials consistent with the MU-R designation. In order for the development to be considered integrated with the adjacent MDR designated property to the west, the proposed mixed use area (multi-family and future commercial Exhibit A Firenze Plaza – CPAM, AZ, PP H-2016-0102 PAGE 6 development) should be cohesive in site layout and architectural design of the business park to the west. The proposed concept plan depicts a commercial and office development as well as two (2) remainder parcels for future residential development. The commercial portion depicts nine (9) lots, and (4) office lots. These properties vary in size from 8,000 s.f. at the smallest, to 279,000 s.f. at the largest. In reviewing development applications, the following items will be considered in all Mixed Use areas: • Residential densities should be a minimum of six dwellings/acre. The residential portion of the development will be required to be at a minimum of 6 dwelling units per acre. • Where feasible, higher density and/or multi-family residential development will be encouraged, especially for projects with the potential to serve as employment destination centers and when the project is adjacent to US 20/26, SH-55, SH-16 or SH-69. Staff’s recommendation is that the zoning for Parcel B be R-15 to add increased density to the proposed residential portion of the project. • A conceptual site plan for the entire mixed use area should be included in the application. The applicant has provided a concept plan for the entire project, including for the residential portion. • In developments where multiple commercial and/or office buildings are proposed (not residential), the buildings should be arranged to create some form of common, usable area, such as a plaza or green space. The site plan does not include the common open space, plaza or green space required by the comprehensive plan. The applicant shall reconfigure the site plan to include common open space or a plaza. • All developments should have a mix of at least three land use types. The development has a mixture of commercial, office and residential uses and meets this requirement. • Residential uses should comprise a minimum of 20% of the development area at densities ranging from 6 to 15 units/acre. The residential component consists of over 58% of the development. With the two zoning designations recommended by staff for the residential portion of the development, the overall density is required to be between 6 and 15 dwelling units per acre. • Non-residential buildings should be proportional to and blend in with adjacent residential buildings. The applicant has provided conceptual elevations for both the residential and commercial structures. The conceptual elevations as proposed meet the requirements of the Comprehensive Exhibit A Firenze Plaza – CPAM, AZ, PP H-2016-0102 PAGE 7 Plan. • Vertically integrated structures are encouraged. The applicant has not proposed any vertically integrated structures. • Unless a structure contains a mix of both residential and office, or residential and commercial land uses, maximum building size should be limited to a 30,000 square-foot building footprint. For community grocery stores, the maximum building size should be limited to a 60,000 square-foot building footprint. For the development of public school sites, the maximum building size does not apply. The largest building in the development is the proposed grocery store. The mixed-use designation that is requested by the applicant limits the proposed grocery store to 60,000 square feet. • Supportive and proportional public and/or quasi-public spaces and places including but not limited to parks, plazas, outdoor gathering areas, open space, libraries, and schools that comprise a minimum of 5% of the development area are required. Outdoor seating areas at restaurants do not count towards this requirement. The applicant shall be required to provide 5% of the development as public or quasi-public space. • Where the development proposes public and quasi-public uses to support the development above the minimum 5%, the developer may be eligible for additional residential densities and/or an increase to the maximum building footprint. The applicant has not proposed more than 5% public or quasi-public space for the development. Sample uses appropriate in MU-C areas would include: All MU-N categories, community grocer, clothing stores, garden centers, hardware stores, restaurants, banks, drive-thru facilities, auto service station, and retail shops, and other appropriate community-serving uses. Appropriate zoning districts in the MU-C include: TN-R, TN-C, C-C, L-O, R-15 and R-40. Staff is supportive of the R-8 zoning district with the caveat that the entire residential portion of the development shall achieve a density between 6 and 15 dwelling units per acre overall. The proposed plan depicts future layout, future connectivity to a public road and internal connectivity (vehicular and pedestrian) with the existing and proposed single family developments. In general, staff is supportive of the concept plan however; staff recommends the applicant to modify their original proposal in the following ways: 1. Include the entire project area in the Mixed-Use Community Comprehensive Plan designation. This will provide a greater transition to the existing single-family residential homes in the Tuscany Subdivision. 2. Remainder parcel A shall be zoned R-8 and shall have lot sizes generally consistent with the Exhibit A Firenze Plaza – CPAM, AZ, PP H-2016-0102 PAGE 8 adjacent single-family homes to the north. Staff believes this aligns with the concept plan above. 3. Remainder parcel B shall be zoned R-15 to allow for a greater variety of housing types within the Mixed-Used Community designation as envisioned by the Comprehensive Plan. 4. Include the two (2) remainder parcels (Remainder Parcels A and B) in the preliminary plat. GOALS, OBJECTIVES, & ACTION ITEMS: Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property (staff analysis in italics):  “Plan for and encourage services like health care, daycare, grocery stores and recreational areas to be built within walking distance of residential dwellings.” (2.01.01C) The proposed commercial development will be anchored by a grocery store that will be within walking distance from the surrounding neighborhoods.  “Require all new and reconstructed parking lots to provide landscaping in internal islands and along streets.” (2.01.04B) Landscaping is proposed within planter islands in the parking areas on this site as shown on the landscape plan attached in Exhibit A.5.  “Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City.” (3.01.01F) This property is contiguous to land that has already been annexed into the City. Urban services can be provided to this property upon development.  “Restrict private curb cuts and access points on collectors and arterial streets.” (3.06.02D) The UDC (11-3A-3) restricts access to arterial streets when access is available from a local street. The proposed access to Amity and Eagle Roads is predicated on the applicant obtaining a waiver from City Council and obtaining ACHD’s approval. Staff is not supportive of the two access points to the arterials because local street access will be provided with the development. Staff recommends that the local street network is constructed with the first phase of development so residents in Tuscany will have local street access to nearby services. STATE REQUIRED COMPREHENSIVE PLAN ANALYSIS Idaho’s counties and cities are required by law, Idaho Code 67-6508, to prepare, implement, review, and update a comprehensive plan which outlines goals and policies for land use. Fourteen elements which must be addressed in the plan are listed in the Code. It is the detailed ordinances that then spell out how these policies are to be achieved. The order in which the following policies are presented implies no order or priority. a. Property Rights The purpose of this element is to ensure that the land use policies, restrictions, conditions, and fees do not unconstitutionally violate private property rights, and establish a consistent review process that enable the City to ensure that any proposed actions will not result in an unconstitutional taking of private property without due process of law. Staff finds that the requested Comprehensive Plan Map Amendment, Annexation and Preliminary Plat would not unconstitutionally violate private property rights. A neighborhood meeting was held on May 17, 2016 of which 24 people attended (see sign-up sheet included in application). b. Population Exhibit A Firenze Plaza – CPAM, AZ, PP H-2016-0102 PAGE 9 The City of Meridian must ensure that population growth is accommodated in an orderly pattern. Residential and commercial developments must be easily served by City infrastructure and public services. Necessary services are currently available to the subject site and should still be available upon development of the site. c. School Facilities and Student Transportation The purpose of this element is to direct new residential development to areas with adequate school facilities and student transportation. No comments have been received from the West Ada School District to determine if the school facilities and student transportation in this area are adequate to serve additional residents. Additional input form the School District will be needed if/when the larger residential lots develop. d. Economic Development Meridian’s economic base has been gradually shifting over the last 20 years from a farming-based economy to a retail, service, medical and manufacturing-based economy. During this time, local policy with regard to the types of lands needed to support the economic and employment needs of the community has also changed. The Comprehensive Plan forecasts the need to continually adjust the provision of commercial lands in order to gradually broaden economic opportunity throughout the City. The subject property is currently identified as appropriate for Low-Density Residential uses. However, because the site is located adjacent to two arterial streets (E. Amity and S. Eagle Roads) and the area is quickly urbanizing, staff believes the MU-C designation proposed by the applicant is needed to provide additional services to nearby residents.. e. Land Use The Comprehensive Plan Future Land Use Map is a graphic representation of applicable policies and goals of Meridian’s Comprehensive Plan. The Map has been prepared to identify suitable areas for future residential, commercial, and industrial development. The Map is designed to be a projection of growth patterns for the City. Therefore, the Map is to be used as a guide for decisions regarding requests for land use changes. Staff believes the proposed MU-C designation proposed by the applicant needs to include the entire project area as recommended by staff. f. Natural Resources The purpose of this element is to promote conservation of areas of natural significance, where appropriate. Staff is not aware of any natural resources that exist on this site that would be impacted by the proposed development. g. Hazardous Areas The purpose of this element is to ensure regulation of development in hazardous areas, such as floodplains, unstable slopes, etc. Staff is unaware of any hazardous areas on this site. h. Public Services, Facilities, and Utilities City water and sewer service is available to the subject property and will be extended upon development by the developer. i. Transportation The purpose of this element is to promote an efficient and safe transportation system within the City. The proposed development will increase traffic within this area of the City; however, the nearby traffic corridors (i.e. Eagle Road/Amity Road) should provide efficient and safe transportation to and from the development. With the development of the commercial project the Exhibit A Firenze Plaza – CPAM, AZ, PP H-2016-0102 PAGE 10 applicant will need to construct an access road that connects the existing single-family development with the proposed commercial development. If approved by Council and ACHD, the access road will also allow direct access the adjacent arterial roadways. The proposed development is also within walking and biking distance of many services. j. Recreation Recreation resources within Meridian include 19 developed City parks totaling approximately 248 acres. The City is in the process of developing new park facilities. The City also maintains several pathways. This site is not formally designated for recreational purposes. k. Special Areas or Sites The subject amendment does not directly impact any lands designated for open space, natural resources, or scenic areas, nor does the parcel contain any known significant or sensitive natural resources. l. Housing The City of Meridian is charged with ensuring an adequate and attractive living environment which meets the needs of City residents of different ages, family sizes, lifestyles, and income levels. To accomplish this, the plan identifies areas appropriate for residential development and areas not appropriate. This site is currently designated for residential uses. The applicant proposes to change the land use designation on a portion of this property to MU-C and develop a portion of the property with commercial development. Staff’s recommends that the applicant modify their proposal to include the entire project area in the MU-C designation. m. Community Design The purpose of this element is to ensure a pattern of planned growth resulting in orderly and attractive developments within the City of Meridian. The intended use of this property is a mixed use commercial and residential development. However, there are no specific uses proposed with this application. To promote quality design, all future structures, except for single -family detached homes, will be required to comply with the City’s design standards contained in UDC 11-3A-19 and the guidelines contained in the Meridian Design Manual. The applicant has provided a materials board and sample elevations that demonstrates the architectural character of the proposed development. n. Agriculture The subject amendment will impact areas being used for farming activities. The development will be constructed on land that was previously used as farm land. o. Implementation The City provides the necessary staff and facilities to administer and enforce the policies and goals of the Comprehensive Plan. The City of Meridian Planning Division will administer the Comprehensive Plan and its policies through the Unified Development Code. The Planning & Zoning Commission is also authorized by the Council to review, approve and make recommendations on proposals affecting the public’s interest in land use. The City Council is the ultimate decision making authority on most land use applications. p. National Interest Electric Transmission Corridors This site is not designated for a high-voltage transmission line corridor. Exhibit A Firenze Plaza – CPAM, AZ, PP H-2016-0102 PAGE 11 q. Public Airport Facilities This site is not designated for a public airport facility. SUMMARY: Because this site is located near Eagle Road and Amity Road, major transportation corridors in the City, and is in close proximity to residential uses. Staff believes the MUC designation and proposed development are appropriate for this property. If the change to the FLUM is approved, the proposed development will contribute to the mix of commercial and residential uses in this area. The development will also provide needed services and shopping areas in this area of the city and along Eagle Road and in the general vicinity. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zone (C-C): The purpose of the commercial districts is to provide for the retail and service needs of the community in accordance with the Meridian Comprehensive Plan. Six (6) districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. B. Purpose Statement of Zone (R-8 and R-15): The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian comprehensive plan. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. C. Schedule of Use: Table 11-2B-2, 11-2A-6 and 11-2A-7 list the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the proposed C-C, R-8 and R-15 zoning districts. Any use not explicitly listed, or listed as a prohibited use is prohibited. D. Dimensional Standards: Development of the site shall comply with the dimensional standards listed in UDC 11-2B-2 for the C-C zoning district and 11-2A-6 for the R-8 zoning district and 11-2A-7 for the R-15 zoning district. D. Landscaping Standards (UDC 11-3B): The standards for landscaping contained in UDC 11-3B apply to development of this site. E. Common Open Space and Site Amenity Requirements: Landscape buffers are required as part of this project, including those along arterial roads (Eagle and Amity). The standards listed in UDC 11-3G-3 do not apply to the development of this site because the residential component of the project is not being developed with this application. The developer will need to submit a separate application to develop the residential portion of the project. F. Structure and Site Design Standards: Development is required to comply with the design standards listed in UDC 11-3A-19 and the City of Meridian Architectural Standards Manual. IX. ANALYSIS Analysis of Facts Leading to Staff Recommendation: A. Comprehensive Plan Map Amendment (CPAM): The applicant proposes to amend the FLUM contained in the Comprehensive Plan to change the land use designation on 26.81 acres of land from Low-Density Residential to Mixed Use- Community. A concept plan for a portion of the proposed development area was submitted with the subject application. The concept plan depicts a mixed use development consisting of thirteen (13) Exhibit A Firenze Plaza – CPAM, AZ, PP H-2016-0102 PAGE 12 commercial pad sites ranging in size from 8,000 square feet to 279,000 square feet. The residential portion of the project will be reviewed at a later date. The submitted concept plan indicates that the density for the residential portion will fall between 6 and 15 dwelling units per acre, which is consistent with the requirements of the Comprehensive Plan. In general, staff is supportive of the concept plan; staff would encourage the applicant to modify their original proposal as follows: 1. Include the entire project area in the Mixed-Use Community Comprehensive Plan designation. This will provide a greater transition to the existing single-family residential homes in the Tuscany subdivision. This will provide a greater transition to the existing single-family residential homes in the Tuscany subdivision. For the reasons stated in Section VII above, Staff is in support of the applicant’s request. B. Annexation & Zoning (AZ): The applicant requests approval to annex and zone 40.38 acres of land with C-C and R-8 zoning districts. The C-C zoning district is consistent with the MU-C designation and with a condition to require the density of the residential parcels to between six and fifteen dwelling units per acre, staff can make the finding that the R-8 zoning district is consistent with comprehensive plan. Staff’s recommendations are as follows: 1. Remainder parcel A shall be zoned R-8 and shall have lot sizes generally consistent with the adjacent single-family homes to the north and provide a transitional use between the more intense commercial uses to the south the existing residential to the north. 2. Remainder parcel B shall be zoned R-15 to allow for a greater variety of housing types within the Mixed-Use Community designation. 3. Prior to the City Council the applicant should submit revised legal description for the proposed R-8 and R-15 zoned property. The applicant has indicated that Lots 6-9 will be exclusively used as office designated lots, so the development agreement will reflect a condition that ties the development to only those uses allowed within that zoning designation. The legal description submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be annexed and zoned. The property is contiguous to land that has been annexed into the City and is within the Area of City Impact boundary. The City may require a development agreement (DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. To ensure the site develops as proposed and recommended by staff with this application, staff recommends a DA as a provision of annexation with the provisions included in Exhibit B. C. Preliminary Plat (PP): The proposed preliminary plat consists of thirteen (11) commercial lots, two (2) common lots and one right-of-way lot on approximately 16.33 acres of land in a proposed C-C and R-8 zoning districts. The thirteen (13) commercial lots range in size between 8,000 square feet and 279,000 square feet. Staff recommends that the two (2) remainder parcels (Parcel A and Parcel B) be Exhibit A Firenze Plaza – CPAM, AZ, PP H-2016-0102 PAGE 13 included in the plat. Ten (10) days prior to the City Council hearing the applicant shall submit a revised preliminary plat that incorporates the two remainder parcels. Dimensional Standards: Staff has reviewed the proposed plat for compliance with the applicable standards listed in UDC Table 11-2A-6, 11-2A-7 and 11-2B-3 for the R-8, R-15, and C-C zoning districts. Since the C-C lots are not required to meet a minimum lot size, the proposed commercial lots meet the dimensional standards of the zones. Per UDC Table 11-2B-3, a 25-foot wide landscape buffer is required adjacent to E. Amity Road and S. Eagle Road, a 20-foot wide landscape buffer is required along S. Montague Way. Though staff is recommending that the two remainder parcels be included in this plat, the residential portion of this project is not being developed with this application. Compliance with the dimensional standards will be evaluated at the time an application is submitted. In an area designated as Mixed-Use, the residential component of the project shall be between 6 and 15 dwelling units per acre. If the R-8 portion of the project develops with a relatively low density, than the R-15 portion has to make up the difference. Access: Currently, the property has one approved driveway accesses to S. Eagle Road. This access point will be removed as part of the development. The applicant is proposing to extend Mt. Etna Drive to connect with S. Eagle Road approximately 785 feet north of E. Amity Road and 1205 feet south of Zaldia Drive. The applicant is required to provide a cross-access agreement between the commercial lots within the proposed development. The applicant is also proposing to construct a new public street (Bellezza Way) that will connect to E. Amity Road approximately 780 feet west of Eagle Road and 625 feet east of Montague Way. In addition to the two public street connections (one each to Amity and Eagle), the applicant is also proposing to have two right-in, right-out connects (also one ach to Amity and Eagle). The applicant will need to receive approval from both Council and ACHD for the right-in, right-out connections. The applicant is requesting two right-in, right-out access points to arterial roadways. UDC 11-3A-3 limits access to collector and arterial roadways if access to a local street is available. Staff recommends that the applicant construct the local streets with the first phase of development. Revise concept plan to remove access points from the arterial roadways. Landscaping: A landscape plan was submitted with this application as shown in Exhibit A.5. The landscape plan depicts the required 25-foot wide landscape buffer adjacent to S. Eagle and W. Amity Roads, and the 20-foot wide landscape buffer adjacent to N. Montague Way. The street buffer landscaping complies with the standards in accord with UDC 11-3B-7C. With the development of the residential portion of the project, the applicant will be required to meet the open space requirements of UDC 11-3B. Existing Trees: The submitted landscape plan notes existing trees on the plan proposed for removal. The applicant is responsible to mitigate all existing healthy trees 4-inch caliper or greater that are removed from the site with equal replacement of the total calipers lost on site up to an amount of 100% replacement in accord with UDC 11-3B-10. With the submittal of the final plat, the applicant must submit a revised landscape plan that details the mitigation plan outlined by the developer and the City Arborist. Waterways: As per UDC 11-3A-6, all irrigation ditches, laterals or canals, exclusive of natural waterways and waterways being used as amenities, which intersect, cross or lie within the area being subdivided shall be covered. Exhibit A Firenze Plaza – CPAM, AZ, PP H-2016-0102 PAGE 14 Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single- point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. Sidewalk: Five-foot wide detached sidewalks are required along both E. Amity Road and S. Eagle Road. Five-foot wide attached sidewalks are required along both sides of Mt. Etna Drive and Bellezza Way in accord with UDC 11-3A-17. Building Elevations: The applicant has submitted sample elevations to depict the style of homes and proposed for the subdivision. (A reminder that the development of single-family homes is not proposed as part of this application). The proposed homes depict a mix of building materials (lap siding, and batten siding), decorative trim, decorative corbels and stone wainscot. The design features staff supports is the substantial pillars, covered porches and mix of gable and hip roofs and a mix of building materials. Staff is of the opinion the future homes will complement the existing homes in the area and demonstrate high quality materials. The submitted commercial elevations incorporate a glass storefront, block wainscot, variations in roof form, decorative covered entries, and modulation in the wall planes. However, specifics’ regarding the primary building materials is not provided on the submitted plan. Any structures constructed on the commercial lots must comply with the design standards set forth in UDC 11- 3A-19. A recommended DA provision requires compliance with the submitted building elevations. Certificate of Zoning Compliance (CZC) and Design Review (DES): A CZC and DES application is required to be submitted prior to issuance of building permits for any attached single-family homes as well as for the commercial lots. The applicant must comply with the design standards listed in UDC 11-3A-19 and the guidelines contained in the Architectural Standards Manual. Summary: In summary, staff finds the proposed project complies with the applicable policies of the Comprehensive plan and is conditioned to comply with the applicable development standards in the UDC. Based on the aforementioned analysis, staff recommends approval of the subject application. X. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Existing & Proposed FLUM 3. Conceptual Area Plan (dated: 4/5/16) 34. Preliminary Plat (REVISED)(dated: 512/215/16) 45. Landscape Plan (dated: 1/29/16) 56. Conceptual Building Elevations (dated: 7/22/16) B. Agency & Department Comments C. Legal Description & Exhibit Map for Annexation & Zoning Boundary Exhibit A Firenze Plaza – CPAM, AZ, PP H-2016-0102 PAGE 15 D. Required Findings from Unified Development Code Exhibit A - 1 - Exhibit A.1: Zoning & Aerial Maps Exhibit A - 2 - Exhibit A.2: Existing & Proposed FLUM Exhibit A - 3 - Exhibit A.3: Conceptual Area Plan Preliminary Plat (REVISED)(dated: 412/15/16) Exhibit A - 4 - Exhibit A.45: Landscape Plan (dated: 10/12/16) Exhibit A - 5 - Exhibit A.56: Conceptual Building Elevations Exhibit A - 6 - Exhibit A - 7 - B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS 1. PLANNING DEPARTMENT 1.1.1 A Development Agreement (DA) is required as a provision of annexation of this property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer. Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six (6) months of the City Council granting annexation. The DA shall, at minimum, incorporate the following provisions: a. The existing home and associated outbuildings shall be removed from the site prior to signature on the first final plat. b. Future development of this site shall substantially comply with the preliminary plat/concept plan, site plan, landscape plan and architectural elevations included in Exhibit A. c. Future development shall comply with the design standards listed in UDC 11-3A-19 and the City of Meridian Architectural Standards Manual. d. A 25-foot wide street buffer and a 5-foot detached sidewalk is required to be constructed along the commercial frontage of E. Amity and S. Eagle Roads and construct the street improvements (20-foot wide street buffer, 5-foot wide detached sidewalk and curb and gutter) along the entire frontage of S. Montague Way with the first phase of development and prior to issuance of the first Certificate of Occupancy for the site. Landscaping is required to be installed within the buffer in accord with the standards listed in UDC 11-3B-7C. e. The landscape buffer and sidewalk requirements along Parcels A and B shall be installed with the development of those parcels, excluding the west side of the parcels as identified in 1.1.1d. above. f. In accord with the requirements of the Mixed-Use designation set forth in the Comprehensive Plan, the applicant shall be required to provide 5% of the development as public or quasi- public space. With the first CZC or the final plat application, the applicant shall provide open space calculations for the commercial portion of the development. g. In accord with the requirements of the Comprehensive Plan for Mixed-Use developments; in developments where multiple commercial and/or office buildings are proposed (not residential), the buildings should be arranged to create some form of common, usable area, such as a plaza or green space. h. The uses allowed on Lots 1-4, Block 2 6-9 shall be only those uses allowed within the L-O zoning district. The applicant shall work with staff to come up with a trigger to implement the third required land use type. i. Remainder parcels A and B shall be zoned R-8 and shall have lot sizes generally consistent with the adjacent single-family homes to the north. j. Remainder parcel B shall be zoned R-15 to allow for a greater variety of housing types within the Mixed-Used Community designation. k. The combined density of the R-8 and R-15 residential portion of the project shall have a combined density of between 6 and 15 dwelling units per acre. If the minimum of 6 units cannot be achieved on one of the parcels, the other residential property shall make up the difference in density. l. The two proposed local streets (Mt. Etna Drive and Bellezza Way) shall be constructed with Exhibit A - 8 - the first phase of development. The applicant shall revise the concept plan to remove the access points from the arterial roadways, and provide a revised plat to staff at least ten (10) days prior to the City Council hearing. m. One right-in/right-out shall be allowed to Amity Road and one Eagle Road from the proposed commercial portion of the project as proposed in the preliminary plat. No direct lot access to Eagle and Amity Roads shall be allowed as part of this development. n. Parcels A and B shall be further subdivided prior to any development on those parcels. o. In accord with the Mixed-Use designation set forth in the Comprehensive plan, the proposed grocery store is limited to a maximum 60,000 square feet. 1.1.2 The landscape plan included in Exhibit A.5, dated October 12, 2016, is approved with the following changes: a. The landscape plan does not include the required 20 foot landscape buffer on the east side of S. Montague Way. The applicant shall submit a revised landscape plan prior to the Council hearing. 1.1.3 The preliminary plat included in Exhibit A.4, dated December 15, May 25, 2016, shall be revised 10 days prior to the City Council is approved as follows: a. Remainder parcel A and Remainder parcel B shall be included in the subdivision plat. b. Prior to signature on the final plat, the applicant shall provide a copy of a recorded cross- access agreement between the commercial lots within the proposed development. c. Ten (10) days prior to the City Council hearing the applicant shall submit a revised preliminary plat that incorporates the two remainder parcels. d. Prior to the City Council the applicant should submit revised legal description for the proposed R-8 and R-15 zoning designations. 1.1.4 All fencing shall comply with the standards listed in UDC 11-3A-7. 1.1.5 The applicant is required to obtain approval of a Certificate of Zoning Compliance application for establishment of the new use and to ensure all site improvements comply with the provisions of the UDC and the conditions in this report prior to application for building permits, in accord with UDC 11-5B-1. 1.1.6 The applicant is required to submit an application for Design Review concurrent with the Certificate of Zoning Compliance application in accord with UDC 11-5B-8. The site and building design is required to be generally consistent with the elevations and site plan submitted with this application, the conditions of approval noted herein, and comply with the design standards and guidelines in effect at the time of submittal of the application. 1.1.7 The applicant shall provide revised legal descriptions for both the R-8 and R-15 zoning districts prior to the City Council hearing. 1.1.8 The applicant shall obtain a Council waiver for the access to Amity and Eagle Road in accord with UDC 11-3A-3. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the applicable district listed in UDC Chapter 2 District regulations. 1.2.2 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. Exhibit A - 9 - 1.2.3 Install lighting consistent with the provisions as set forth in UDC 11-3A-11. 1.2.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A- 15, UDC 11-3B-6 and MCC 9-1-28. 1.2.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.2.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J. 1.2.7 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3B-5I, 11-3B-8C, and Chapter 3 Article C. 1.2.8 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B- 7C (streets). 1.2.9 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B- 11C. 1.2.10 Protect any existing trees on the subject property that are greater than four-inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B-10. 1.2.11 Comply with the outdoor service and equipment area standards as set forth in UDC 11-3A-12. 1.2.12 Construct all required landscape areas used for storm water integration consistent with the standards as set forth in UDC 11-3B-11C. 1.2.14 Comply with the structure and site design standards, as set forth in UDC 11-3A-19 and the guidelines set forth in the City of Meridian Architectural Manual. 1.2.15 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.2.16 Low pressure sodium lighting shall be prohibited as an exterior lighting source on the site. 1.3 Ongoing Conditions of Approval 1.3.1 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 1.4 Process Conditions of Approval 1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.4.2 The applicant shall submit and obtain approval of a Certificate of Zoning Compliance and Design Review application from the Planning Division, prior to submittal of any building permit application. 1.4.3 The applicant shall submit revised legal descriptions for the staff recommended R-8 and R-15 zoning districts. 2. PUBLIC WORKS DEPARTMENT 2.1 Site Specific Conditions of Approval 2.1.1 Applicant will need to extend a short sanitary sewer main from the currently proposed terminus near the NW corner of Parcel 13, to the east in order to provide service to parcels 12 and 13. Each parcel shall be required to have a separate service line to the public sewer system. 2.1.2 A street light plan will need to be included in the final plat application. Street light plan Exhibit A - 10 - requirements are listed in section 6-7 of the City's Design Standards. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.2 General Conditions of Approval 2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water mains to and through this development. 2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to signature of the final plat by the City Engineer. 2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 9-2-28C1). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. Exhibit A - 11 - 2.2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 2.2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.2.16 All grading of the site shall be performed in conformance with MCC 11-1-4B. 2.2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.2.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.2.21 Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer’s expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the Exhibit A - 12 - owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-221. 3. POLICE DEPARTMENT 3.1 The Police Department has no comments on this application. 4. FIRE DEPARTMENT 4.1 Any newly installed Fire Department connections for sprinkler or standpipes will require locking Knox box plugs 4.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance with International Fire Code Section (IFC) 508.5.4 as follows: a. Fire hydrants shall have the 4 ½” outlet face the main street or parking lot drive aisle. b. Fire hydrants shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10’. f. Fire hydrants shall be placed 18” above finished grade to the center of the 4 ½” outlets. g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 4.2 In accordance with International Fire Code Section 503.2.5 and Appendix D, any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. 4.3 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28’ inside and 48’ outside, per International Fire Code Section 503.2.4. 4.4 Provide signage (“No Parking Fire Lane”) for all fire lanes in accordance with International Fire Code Sections 503.4 & D103.6. 4.5 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. 4.6 Fire lanes, streets, and structures (including the canopy height of mature trees) shall have a vertical clearance of 13’6 as set forth in International Fire Code Section 503.2.1. 4.7 The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. The cost of this installation is to be borne by the developer. (National Fire Protection Std 1141 Section 5.2.11.1) 4.8 All portions of the buildings located on this project must be within 150’ of a paved surface as measured around the perimeter of the building as set forth in International Fire Code Section 503.1.1. 4.9 There shall be a fire hydrant within 100’ of all fire department connections as set forth in local amendment to the International Fire Code 10-4-2L. 4.10 The Fire Department will require Knoxbox Fire Department Connection caps on all FDC inlets. IFC 102.9 Exhibit A - 13 - 4.11 Buildings over 30’ in height are required to have access roads in accordance with the International Fire Code Appendix D Section D105. 4.12 Emergency response routes and fire lanes shall not be allowed to have traffic calming devices installed without prior approval of the Fire Code Official. National Fire Protection Standard 1141, Section A5.2.18. 5. REPUBLIC SERVICES 5.1 Republic Services has requested details of the trash enclosures. Please coordinate with Bob Olson, Republic Services (208-345-1265 or rolson@republicservices.com) and obtain approval of the trash enclosure prior to submittal of the Certificate of Zoning Compliance application. 6. PARKS DEPARTMENT 6.1 The Parks Department has no comments on this application. 7. ADA COUNTY HIGHWAY DISTRICT A. SITE SPECIFIC CONDITIONS 1. The revised plat layout, dated December 6, 2016 is approved. 2. Enter into a Cooperative Development Agreement with ACHD for the proposed widening of the roundabout at Eagle/Amity, and the proposed widening of Eagle Road. The Cooperative Development Agreement should include the intersection and roadway design and construction, as well as allocation of costs. ACHD will provide reimbursement for eligible project costs of permanent intersection improvements consistent with the CIP. 3. Dedicate right-of-way on Eagle Road to total 48-feet from centerline (outside the influence area of the Eagle/Amity roundabout). The applicant will be compensated for this right-of-way. 4. Construct Mount Etna Drive to intersect Eagle Road, located 785-feet north of Amity Road; and to intersect Montague Way in alignment with San Stefano Drive. 5. Construct one right-in/right-out only driveway to intersect Eagle Road, located 495-feet north of Amity Road. Restrict the driveway to right-in/right-out only with the construction of a 6” raised median on Eagle Road. The median should extend from the roundabout north to 75-feet beyond the north edge of the driveway. 6. Dedicate right-of-way on Amity Road to total 48-feet from centerline (outside the influence area of the Eagle/Amity roundabout). The applicant will be compensated for this right-of-way. 7. Construct one 30-foot wide right-in-right-out only driveway on Amity Road located 435-feet west of Eagle Road, as proposed. Restrict the driveway to right-in/right-out only with the construction of a 6” raised median on Amity Road. The median should extend from the roundabout west to 75- feet beyond the west edge of the driveway. 8. Construct a dedicated right turn lane on Amity Road to accommodate the right-in/right-out only driveway. 9. Construct Bellezza Way to intersect Amity Road, located 780-feet west of Eagle Road, as proposed. 10. Construct a dedicated right turn lane and a center left turn lane on Amity Road at Bellezza Way. 11. Construct Mount Etna Drive, between Eagle Road and Bellezza Way, as a 46-foot street section with vertical curb, gutter, and a 5-foot wide detached concrete sidewalk. If street trees are desired, then the planter strip shall be 8-feet in width. Exhibit A - 14 - 12. Public streets located west of Bellezza may be constructed as 34-foot street sections with vertical curb, gutter, and 5-foot wide concrete sidewalks (attached or detached). If street trees are desired, then the planter strip shall be widened to 8-feet in width. Provide written Fire Department Approval for use of the 34-foot street section. 13. Construct commercial driveways on Mount Etna Drive, as proposed: • Two 30-foot wide driveways, aligned centerline to centerline on the north and south sides of Mount Etna Drive, located approximately 250-feet west of Eagle Road. • One 30-foot wide driveway located approximately 450-feet west of Eagle Road. 14. Construct Bellezza Way as a 46-foot street section with vertical curb, gutter, and a 5-foot wide detached concrete sidewalk abutting the site. Dedicate right-of-way to 2-feet behind the back of curb and provide a sidewalk easement for the detached sidewalk. If street trees are desired, then the planter strip shall be widened to 8-feet in width. 15. Construct commercial driveways on Bellezza Way, as proposed: • One 30-foot wide driveway located approximately 250-feet north of Amity Road. • One 40-foot wide driveway located approximately 360-feet north of Amity Road. • One 40-foot wide driveway located approximately 570-feet north of Amity Road. (May be wider if deemed necessary to accommodate trucks.) 16. Pave all driveways their full width at least 30-feet onto the site beyond the edge of pavement of the adjacent roadway. Driveways on Eagle Road and Amity Road shall be constructed as curb return type driveways. 17. All other driveways on the proposed local streets (future residential areas) will be reviewed with future development applications. 18. Obtain approval from the ACHD Pavement Cut Committee for all cuts to Montague Way. 19. Other than the access points approved with this application, direct lot access to Eagle Road and Amity Road is prohibited and shall be noted on the final plat. 20. Payment of impacts fees are due prior to issuance of a building permit. 21. Comply with all Standard Conditions of Approval. B. STANDARD CONDITIONS OF APPROVAL 1. All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all easements). Any existing irrigation facilities shall be relocated outside of the ACHD right-of-way (including all easements). 2. Private Utilities including sewer or water systems are prohibited from being located within the ACHD right-of-way. 3. In accordance with District policy, 7203.3, the applicant may be required to update any existing non-compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant’s engineer should provide documentation of ADA compliance to District Development Review staff for review. 4. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. Exhibit A - 15 - 5. A license agreement and compliance with the District’s Tree Planter policy is required for all landscaping proposed within ACHD right-of-way or easement areas. 6. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 8. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District’s Utility Coordinator at 387-6258 (with file numbers) for details. 9. All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 10. Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 11. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant’s authorized representative and an authorized representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 12. If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a waiver/variance of the requirements or other legal relief is granted by the ACHD Commission. Exhibit A - 16 - Exhibit C: Legal Description & Exhibit Map for Annexation & Zoning Boundary Exhibit A - 17 - Exhibit A - 18 - Exhibit A - 19 - Exhibit A - 20 - Exhibit A - 21 - D. Required Findings from Unified Development Code 1. COMPREHENSIVE PLAN AMENDMENT FINDINGS: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an amendment to the Comprehensive Plan, the Council shall make the following findings: a. The proposed amendment is consistent with the other elements of the Comprehensive Plan. Council finds that the proposed changes, as recommended by staff, to the Future Land Use Map are generally consistent with elements of the Comprehensive Plan as detailed in Section VII above. b. The proposed amendment provides an improved guide to future growth and development of the city. Council finds that the proposal to modify the Future Land Use Map to allow for Mixed Use - Community uses will be compatible with existing and future residential and commercial uses in the nearby vicinity. c. The proposed amendment is internally consistent with the Goals, Objectives and Policies of the Comprehensive Plan. Council finds that the proposed amendment is internally consistent with the Goals, Objectives, and Policies of the Comprehensive Plan (see Section VII for detailed analysis). d. The proposed amendment is consistent with the Unified Development Code. Council finds that the proposed amendment is consistent with the Unified Development Code. e. The amendment will be compatible with existing and planned surrounding land uses. Council finds the proposed amendment will be compatible with adjacent existing and future residential and commercial uses if the applicant complies with the conditions in Exhibit B. f. The proposed amendment will not burden existing and planned service capabilities. Council finds that the proposed amendment would not burden existing and planned service capabilities in this area of the city. Sewer and water services are available to be extended to this site. g. The proposed map amendment (as applicable) provides a logical juxtaposition of uses that allows sufficient area to mitigate any anticipated impact associated with the development of the area. Council finds the proposed commercial development of this property is consistent with the proposed map amendment and will not significantly impact development in this area and provides a logical juxtaposition of uses. h. The proposed amendment is in the best interest of the City of Meridian. For the reasons stated in Sections VII, VIII, and IX and the subject Findings above, Council finds that the proposed amendment is in the best interest of the City. 2. ANNEXATION & ZONING FINDINGS: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation, the Exhibit A - 22 - Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; Council finds that the proposed map amendment to C-C, and R-8 and R-15 are consistent with the proposed MU-C FLUM designation for this site and should be compatible with existing and future uses in the area. Therefore, Council finds the amendment is consistent with the applicable provisions of the Comprehensive Plan (see section VII above for more information). b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Council finds that the proposed map amendment to the C-C and R-8 zoning districts are consistent with the purpose statements of the residential districts as detailed in Section VIII above. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. City utilities will be extended at the expense of the applicant. The Council considered any oral or written testimony that was provided when determining this finding. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-5B-3.E). Council finds the proposed annexation of this property is in the best interest of the City if the applicant develops the site in accord with the conditions listed in Exhibit B and enters into a development agreement. 3. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use, transportation, and circulation. Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more information. b. Public services are available or can be made available and are adequate to accommodate the proposed development; Council finds that public services will be provided to the subject property upon development. (See Exhibit B of the Staff Report for more details from public service providers.) c. The plat is in conformance with scheduled public improvements in accord with the City’s capital improvement program; Exhibit A - 23 - Because City water and sewer and any other utilities will be provided by the development at their own cost, Council finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; Council relied upon comments from the public service providers (i.e., Police, Fire, ACHD, etc.) to determine this finding. (See Exhibit B for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and Council is not aware of any health, safety, or environmental problems associated with the platting of this property. ACHD considers road safety issues in their analysis. The Council considered any public testimony that was presented when determining whether or not the proposed subdivision may cause health, safety or environmental problems of which Council is unaware. f. The development preserves significant natural, scenic or historic features. Council is unaware of any significant natural, scenic or historic features that exist on this site. Meridian City Council Meeting DATE: February 7, 2017 ITEM NUMBER: 5D PROJECT NUMBER: H-2016-0135 ITEM TITLE: Borough Subdivision Findings of Fact, Conclusions of Law for Approval for Borough Subdivision (H-2016-0135) by Scott Noriyuki, Northside Management Located 1288 E. Everest Street MEETING NOTES u� APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2016-0135 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for a Short Plat Consisting of Two (2) Building Lots on 5.57 Acres of Land in the R-15 and L-O Zoning Districts for Borough Subdivision, by Scott Noriyuki, Northside Management. Case No(s). H-2016-0135 For the City Council Hearing Date of: January 24, 2017 (Findings on February 7, 2017) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of January 24, 2017, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of January 24, 2017, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of January 24, 2017, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of January 24, 2017, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the “Local Land Use Planning Act of 1975,” codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Community Development Department, the Public Works Department and any affected party requesting notice. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2016-0135 - 2 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of January 24, 2017, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council’s authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant’s request for a short plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of January 24, 2017, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Short Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer’s signature on the final plat within two (2) years of the approval of the preliminary plat or the combined preliminary and final plat or short plat (UDC 11-6B-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2) years, may be considered for final approval without resubmission for preliminary plat approval (UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A, the Director may authorize a single extension of time to obtain the City Engineer’s signature on the final plat not to exceed two (2) years. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again (UDC 11- 6B-7C). E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of January 24, 2017 By action of the City Council at its regular meeting held on the 77'�l day of ! e6 2017. COUNCIL PRESIDENT KEITH BIRD VOTED COUNCIL VICE PRESIDENT JOE BORTON VOTED A COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED Y(4 COUNCIL MEMBER TY PALMER VOTED !4 COUNCIL MEMBER LUKE CAVENER VOTED Jit COUNCIL MEMBER GENESIS MILAM VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Mayor Ta y e Weerd Attest: Y �T, m 411 p s� ,djq o C. y Col °�, '9� ,yo� i City Clerk Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: u ! (HCl L� Dated: City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2016-0135 - 3 - EXHIBIT A Borough Sub H-2016-0135 1 STAFF REPORT HEARING DATE: January 24, 2017 TO: Mayor & City Council FROM: Sonya Watters, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2016-0135 – Borough Subdivision - SHP I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Scott Noriyuki, Northside Management, has applied for a short plat (SHP) consisting of 2 building lots on 5.57 acres of land in the R-15 and L-O zoning districts for Borough Subdivision. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed SHP with the conditions listed in Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit D of the Staff Report. The Meridian City Council heard this item on January 24, 2017. At the public hearing, the Council approved the subject SHP request. a. Summary of City Council Public Hearing: i. In favor: Scott Noriyuki, Applicant ii. In opposition: None iii. Commenting: None iv. Written testimony: Scott Noriyuki, Applicant (in agreement with staff report) v. Staff presenting application: Bruce Freckleton vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. None c. Key Issues of Discussion by Council: i. None d. Key Council Changes to Staff/Commission Recommendation i. None III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2016- 0135 as presented in the staff report for the hearing date of January 24, 2017, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2016-0135 as presented during the hearing on January 24, 2017, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2016-0135 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) EXHIBIT A Borough Sub H-2016-0135 2 IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located at 1288 E. Everest Street, in the northeast ¼ of Section 30, Township 4 North, Range 1 East (Parcel #R9318160060 & S0530120605) B. Owner(s): Corey Barton 1977 E. Overland Rd. Meridian, ID 83642 C. Applicant: Scott Noriyuki, Northside Management 6810 Fairhill Place Boise, ID 83714 D. Representative: Same as applicant E. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for a short plat. A public hearing is required before the City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: January 6, 2017 C. Radius notices mailed to properties within 300 feet on: December 28, 2016 D. Applicant posted notice on site by: Posting is not required for a short plat application. VI. STAFF ANALYSIS The proposed short plat consists of 2 building lots on 5.57 acres of land in the R-15 and L-O zoning districts. The proposed plat is a re-subdivision of Lot 6, Block 1 of Westborough Subdivision and a portion of the vacated N. Jericho Street. All lots in the proposed subdivision comply with the dimensional standards listed in UDC Table 11- 2B-3 for the L-O district and Table 11-2A-7 for the R-15 district, as applicable. The street buffer and pedestrian pathway along E. Chinden Blvd., an entryway corridor, were previously constructed on this site. The 35-foot wide street buffer should be depicted on the plat within a common lot or on a permanent dedicated buffer with a note stating the buffer will be maintained by the property owner or business owners’ association as set forth in UDC 11-3B-7C.2. A landscape plan is also required to be submitted that depicts existing and/or proposed landscaping that complies with the requirements listed in UDC 11-3B-7C prior to signature on the final plat by the City Engineer. There was an ACHD easement (Inst. #103149052) depicted on the Westborough Subdivision plat that has since been released (Inst. #104106180). EXHIBIT A Borough Sub H-2016-0135 3 Staff has reviewed the proposed short plat for substantial compliance with the criteria set forth in UDC 11-6B-5 and deems the final plat to be in substantial compliance with said requirements to recommend approval as proposed. VII. EXHIBITS A. Drawings 1. Vicinity/Zoning Map 2. Short Plat (dated: 12/19/16) B. Agency Comments/Conditions of Approval C. Required Findings from Unified Development Code EXHIBIT A Borough Sub H-2016-0135 4 Exhibit A.1: Vicinity/Zoning Map EXHIBIT A Borough Sub H-2016-0135 5 Exhibit A.2: Short Plat (dated: 12/19/16) EXHIBIT A Borough Sub H-2016-0135 6 Exhibit B: Agency Comments/Conditions of Approval I. SITE SPECIFIC CONDITIONS 1. Applicant shall meet all terms of the approved annexation and zoning (AZ-05-018, Development Agreement Inst. #105152707) and conditional use permit (CUP-05-027) for this subdivision. 2. The short plat prepared by Idaho Survey Group, P.C., stamped by Gregory G. Carter on 12/19/16, shall be revised as follows prior to City Engineer signature on the final plat: a. Note #4: “. . . Lots 21, Block 1 is subject to a common driveway easement in favor of Lots 1 and 2, Block 1. . .” b. The 35-foot wide landscape buffer along E. Chinden Blvd. is required to be in a common lot or on a permanent dedicated buffer, maintained by the property owner or business owners’ association in accord with UDC 11-3B-7C.2b. 3. A pedestrian pathway easement is required to be submitted to the Planning Division for the multi- use pathway along Chinden Blvd.; coordinate the details of the easement with Jay Gibbons, Park’s Department at 208-888-3579. 4. A landscape plan is required to be submitted for this subdivision. All landscaping shall be consistent with the standards listed in UDC 11-3B-7C, Landscape Buffers along Streets. All existing and/or proposed landscaping shall be depicted on the plan. 5. If the City Engineer’s signature has not been obtained within two (2) years of the City Council’s approval of the short plat, the short plat shall become null and void unless a time extension is obtained, per UDC 11-6B-7. 6. The proposed lot boundaries shall be consistent with the existing zoning boundaries. 7. Prior to submittal for the City Engineer’s signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 8. Prior to applying for building permits on either of the subject lots, the applicant shall obtain the Planning Division’s approval of a Certificate of Zoning Compliance and Design Review application. Future development shall be consistent with the design standards listed in UDC 11- 3A-19 and the Architectural Standards Manual or any updated versions thereof. 9. The existing landscaping within the street buffer along E. Chinden Blvd. shall be protected during construction. 10. The applicant shall provide easement(s) for all existing and proposed public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to signature of the final plat by the City Engineer. EXHIBIT A Borough Sub H-2016-0135 7 II. ONGOING CONDITIONS OF APPROVAL 1. The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14. 2. The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 3. The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 4. The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11- 3A-3. III. GENERAL REQUIREMENTS 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities, pressurized irrigation, prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the EXHIBIT A Borough Sub H-2016-0135 8 Community Development Department website. Please contact Land Development Service for more information at 887-2211. 8. In the event that an applicant and/or owner cannot complete non-life, non-safety and non-health improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-4B. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer’s expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to signature of the final plat by the City Engineer. EXHIBIT A Borough Sub H-2016-0135 9 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Water Department at (208)888-5242 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 9-1-28.C.1). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. EXHIBIT A Borough Sub H-2016-0135 10 Exhibit C: Required Findings from Unified Development Code In consideration of a short plat, the decision-making body shall make the following findings: A. The plat is in conformance with the Comprehensive Plan and is consistent with the Unified Development Code; The Comprehensive Plan designates the future land use of this property as Mixed Use – Community with a Neighborhood Center overlay. The property is currently zoned L-O and R-15. The proposed short plat complies with the Comprehensive Plan and the dimensional standards of the applicable districts. B. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds that public services are adequate to serve the site. C. The plat is in conformance with scheduled public improvements in accord with the City’s capital improvements program; The City Council finds that the development will not require the expenditure of capital improvement funds. All required utilities are being provided with the development of the property at the developer’s expense. D. There is public financial capability of supporting services for the proposed development; The City Council finds that the development will not require major expenditures for providing supporting services. The developer and/or future lot owner(s) will finance the extension of sewer, water, utilities and pressurized irrigation to serve the project. The primary public costs to serve the future tenants will be fire and police services. E. The development will not be detrimental to the public health, safety or general welfare; and The City Council recognizes the fact that traffic and noise may increase with the approval of this subdivision and subsequent development; however, the City Council does not believe that any additional amount generated will be detrimental to the general welfare of the public in the surrounding area. The City Council finds that the development of this site will not involve uses that will create nuisances that would be detrimental to the public health, safety or general welfare. F. The development preserves significant natural, scenic or historic features. The City Council is not aware of any significant natural, scenic or historic features associated with the development of this site. Meridian City Council Meeting DATE: February 7, 2017 ITEM NUMBER: 5E PROJECT NUMBER: H-2016-0120 ITEM TITLE: Black Cat and Chinden Development Agreement for Black Cat and Chinden (H-2016-0120) with Pine Street, LLC., located at 6280 N. Black Cat Road, in the NW 1/4 of Section 27, Township 4N., Range 1 W MEETING NOTES R1 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 2017-012605 BOISE IDAHO Pgs=28 LISA BATT 02/10/2017 09:44 AM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Pine Street, LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this_3 day of FZG ruary , 2017, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY whose address is 33 E, Broadway Avenue, Meridian, Idaho 83642 and Pine Street, LLC, whose address is 420 E. Elm Street, Caldwell, Idaho 83605, hereinafter called OWNER/ DEVELOPER, 1, RECITALS: Ll WHEREAS, Owner is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1,2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance, require or permit as a condition of zoning that the Owner/Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, Owner/Developer has submitted an application for the annexation of approximately 3,51 acres of land from the RUT zoning district in Ada County to the L-0 (Limited Office) zoning district (as described in Exhibit "N'), under the Unified Development Code, which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner/Devdloper made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the Property will be developed and what improvements will be made, and 1.6 WHEREAS, the record of the proceedings for the requested preliminary plat on the Property held before the Planning & Zoning Commission, and subsequently before the City Council, includes responses of government DEVELOPMENT .AGREEMENT BLACK CAT AND CHINDEN (H-2016-0120) PAGE 1 OF 8 subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment; and 1.7 WHEREAS, on the 3rd day of January, 2017, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit `B"; and 1.8 WHEREAS, the Findings require the Owner/Developer to enter into a Development Agreement before the City Council takes final action on final plat; and 1.9 WHEREAS, Owner/Developer deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation are in accordance with the amended Comprehensive Plan of the City of Meridian on October 11, 2016, Resolution No. 16-1173, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to Pine Street, LLC, whose address is 420 E. Elm Street, Caldwell, Idaho 83605 the party that owns and is developing said Property and shall include any subsequent owners)/developers of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s) of Property located DEVELOPMENT AGREEMENT -BLACK CAT AND CHINDEN (H-2016-0120) PAGE 2 OF 8 in the County of Ada, City of Meridian as described in Exhibit "A" describing the parcels to be re -zoned Limited Office District (L -O) and attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: a. Access to Chinden Boulevard and Black Cat shall be prohibited for this site. Access shall be provided from Ramblin Court and N. Exeter Drive as proposed. b. The owner/developer shall dedicate the necessary right-of-way for both Chinden Boulevard and Black Cat with the development of this property. c. Future development of this site shall be consistent with the design standards listed in UDC 11-3A-19 and the guidelines in the City of Meridian Architectural Standards Manual. d. Development of this property shall substantially comply with the concept plan and elevations included in Exhibit A.2 of the Findings of Fact and Conclusions of Law attached hereto as "Exhibit B" and shall be limited to uses allowed within the L -O zoning district. e. Construct a minimum 35 -foot wide landscape buffer along N. Black Cat Road and Chinden Boulevard and a 10 -foot wide landscape buffer adjacent to Ramblin Court and Exeter Drive. The landscape buffers shall be landscaped in accord with the standards listed in UDC 11-3B-5 and 11 -3B -7C. f. All landscape and frontage improvements associated with the side including a 10 - foot wide multi -use pathway along the north boundary of this site within the landscape buffer along W. Chinden Boulevard. g. With submission of a certificate of zoning compliance, the landscape plan shall show the required landscape buffers in accord with UDC 11-2B-3. Landscape buffers are required along Ramblin Court, Black Cat and Exeter Avenue. h. The concept plan does not show a 5 -foot sidewalk along N. Black Cat. The concept plan shall be modified to reflect that requirement. Any future development of this site must comply with the City of Meridian ordinances in effect at the time of development. DEVELOPMENT AGREEMENT -BLACK CAT AND CHINDEN (H-2016-0120) PAGE 3 OF 8 j. A Certificate of Zoning Compliance and Design Review application is required to be submitted and approved for the proposed use and site design (parking, landscaping, paving, etc.) prior to the issuance of building permits. k. The single family home shall be removed prior to issuance of the first certificate of zoning compliance for the site. 6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6) months after the date of the Findings for the annexation and zoning or it is null and void. 7. DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. Either party's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 7.2 Notice and Cure Period. In the event of Owner/Developer's default of this Agreement, Owner/Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice as described in Section 7.2, Owner/Developer shall be deemed to have consented to modification of this Agreement and de -annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owner/Developer reserve all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owner/Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. DEVELOPMENT AGREEMENT -BLACK CAT AND CHINDEN (H-2016-0120 PAGE 4 OF 8 7.5 Waiver. A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re -zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC, to insure the installation of required improvements, which the Owner/Developer agree to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City, or sufficient surety of performance is provided by Owner/Developer to the City in accordance with Paragraph 11 above. 13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: with copy to: City Cleric City Attorney City of Meridian City of Meridian 33 E. Broadway Ave. 33 E. Broadway Avenue Meridian, ID 83642 Meridian, ID 83642 DEVELOPMENT AGREEMENT -BLACK CAT AND CHINDEN (H-2016-0120 PAGE 5 OF 8 OWNER/DEVELOPER: Pine Street, LLC 420 E. Elm Street Caldwell, ID 83605 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer have fully performed their obligations under this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. 20. COOPERATION OF THE PARTIES: hi the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. DEVELOPMENT AGREEMENT -BLACK CAT AND CHLNDEN (H-2016-0120) PAGE 6 OF 8 Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re -zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [end of text; signatures, acknowledgements, and Exhibits A and B follow] ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: Pine Street, LLC By o�QOFtATED q`CG m !PD, 4 ATTEAT: A n`°2. SEAL Co CITY OF MERIDIAN By: Mayo my de Weerd DEVELOPMENT AGREEMENT -BLACK CAT AND CHINDEN (H-2016-0120) PAGE 7 OF 8 STATE OF IDAHO ) ss: County of Ada, ) On this l q 10 JANE R4 , 2017, before me, the undersigned, a Notary Public in and for said State, personally appeared &i AC 1C , known or identified to me to be the 0AJAC'j V%, \�1e wv \(.\P,r- of Pine Street, LLC and acknowledged to me that he executed the same on b6fialt of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) S. P. AtIHL�G �'A #N++++••••`,4 STATE OF IDAHO ) I sw, Z t6 , Notary Public for Idaho Residing at: d k�,gjy `( My Commission Expires: ss County of Ada ) 7f� Fe6 ruC,y I / On this , day of 2017, before me, a Notary Public, personally appeared Tammy de Weerd add C.Jay Coles, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. •+ •' _.AG (SEAL) O. UsA9Ak=--4A'-- Notary Public 7r, d�VkLtResiding at: . Commission expires: �;7 61 ) TS DEVELOPMENT AGREEMENT BLACK CAT AND CHINDEN (H-2016-0120) PAGE 8 OF 8 EXHIBIT A Legal Description and Exhibit Map Project No. 16-276 OCLober 17, 2016 ANNEXATION DESCRIPTION FOR 6280 N. BLACK CAT ROAD A parcel of land being Lot 1, Block 1 of Rambo Subdivision as filed in Book 63 of Plats at Pages 6368 and 6369, records of Ada County, Idaho and a portion of the NW 114 of the NW 114 of Section 27, all located in the NW 114 of the NW 114 of Section 27, TAN., RAW., B.M., Ada County, Idaho, more particularly described as follows: BEGINNING at the NW corner of said Section 27 from which the N114 corner of said Section 27 bears South 89°19'07" East, 2647.12 feet; thence along the North boundary line of said Section 27 South 89°19'07" East, 237.20 feet; thence along the East boundary line of said Lot 1 and the northerly extension thereof South 00°29'10" West, 644.70 feet to the SE corner of said Lot 1; thence along the South boundary line of said Lot 1 and the westerly extension thereof North 89°34'25° West, 237.20 feet to a point on the West boundary line of said Section 27; thence along said West boundary line North 00°29'10" East, 645.76 feet to the POINT OF BEGINNING. Containing 3.51 acres, more or less. Page I of 1 Black Cat and Chinden — AZ (H-2016-0120) v �G\FQ �� 29 0-r77 O F Y G. Ci EXHIBIT A 21 22BASIS OF BEARING S8_9i9'07"E 2647.12'_ 22 29'27 i_ $i i 9'07"W 237.20'Y W. CHINDEN ROAD- - - X27 f r I I I r 1 I I I LOT 1, BLOCK I Il RAMBO SUBDAIISION I 6280 N. BLACK CAT ROAD ui 6r U 1x11 I p � n sM mppl It ZZl Iq I N ILo I r F I 1 � I I r 1 { 1 1 E� N$9'34'257W 237.20' I 1 IDAHO1150 _ WA7ERTo�tR,T. SUR V E f 'USI IA11.CAi10EW12 f"p3i �s6C520 GROUP, P.C. + Black Cat and Chinden - AZ (H-2016-0120) 25 i0J flQ 0 SO 2ttb SCALE: 1" = 100' ANNEXATION EXHIBIT DRAWING FOR r-z7c 6280 N. BLACK CAT ROAD SHEET R; n LOCArD.IIIII THEiNW 1 uF4'01`N=111Y.1r SrC 05 27. ofl •••••• __. 612018 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0120 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for Annexation and Zoning of 3.51 acres of land from RUT in Ada County to the L-O zoning district located at 6280 N. Black Cat Road, in the NW ¼ of Section 27, Township 4N., Range 1W, by Pine Street, LLC. Case No(s). H-2016-0120 For the City Council Hearing Date of: December 20, 2016 (Findings on January 3, 2017) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of December 20, 2016, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of December 20, 2016, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of December 20, 2016, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of December 20, 2016, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the “Local Land Use Planning Act of 1975,” codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval of the annexation and zoning request in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a EXBIBIT B CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0120 2 - copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this annexation approval is subject to a development agreement containing the provisions in the attached Staff Report for the hearing date of October 18, 2016, incorporated by reference. C. Decision and Order Pursuant to the City Council’s authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant’s request for annexation and zoning was approved with an L-O zoning district with the requirement of a Development Agreement with the provisions noted in the Staff Report for the hearing date of December 20, 2016, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Six (6) Month Development Agreement Duration The development agreement shall be signed by the property owner and returned to the City within six (6) months of the City Council granting annexation and/or rezone (UDC 11-5B-3D). A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the City if filed prior to the end of the six (6) month approval period (UDC 11-5B-3F). E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of December 20, 2016 By action of the City Council at its regular meeting held on the ___________ day of ________________, 2016. COUNCIL PRESIDENT KEITH BIRD COUNCIL VICE PRESIDENT JOE BORTON COUNCIL MEMBER ANNE LITTLE ROBERTS COUNCIL MEMBER TY PALMER COUNCIL MEMBER LUKE CAVENER COUNCIL MEMBER GENESIS MILAM MAYOR TAMMY de WEERD TIE BREAKER) Attest: C. Jay doles City Clerk Mayor Tai y Weerd GOapORATE qGG+_ m fO VOTED VOTED % VOTED VOTED Y&t VOTED " VOTED VOTED Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney. By: C wu,R— Dated: City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0120 3- Exhibit A Black Cat and Chinden – AZ (H-2016-0120) PAGE 1 STAFF REPORT Hearing Date: December 20, 2016 TO: Mayor and City Council FROM: Josh Beach, Associate City Planner 208) 884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2016-0120 – Black Cat and Chinden–AZ 1. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Pine Street, LLC has submitted an application for annexation and zoning (AZ) of 3.51 acres of land with an L-O zoning district for Black Cat and Chinden Annexation. 2. SUMMARY RECOMMENDATION Staff recommends approval of the proposed AZ application with the conditions listed in Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit D. Planning & Zoning Commission heard this item on November 17, 2016. At the public hearing, the Commission moved to recommend approval of the subject AZ request. a. Summary of Commission Public Hearing: i. In favor: Jerrod Wallgren ii. In opposition: None iii. Commenting: Jerrod Wallgren iv. Written testimony: None v. Staff presenting application: Bill Parsons vi. Other staff commenting on application: None b. Key Issue(s) of Discussion by Commission: i. When to remove the house and whether to require the home to connect to city utilities for a short period of time, or to let them stay on septic and well until the property develops. c. Key Commission Change(s) to Staff Recommendation: i. Modify condition 1.1.1k , as follows: The single family home shall be removed prior to issuance of the first certificate of zoning compliance for the site. d. Outstanding Issue(s) for City Council: i. None The Meridian City Council heard this item on December 20, 2016. At the public hearings, the Council moved to approve the AZ and PP requests. a. Summary of City Council Public Hearing: i. In favor: Jarrod Wallgren ii. In opposition: Lee Coulson, Vern Williams, Terrell Williams, Jason Attinger, iii. Commenting: Dale Eldridge, Vern Williams, Terrell Williams, Jason Attinger, iv. Written testimony: None v. Staff presenting application: Josh Beach vi. Other staff commenting on application: Caleb Hood, b. Key Issues of Discussion by Council: Exhibit A Black Cat and Chinden – AZ (H-2016-0120) PAGE 2 i. Whether to allow the existing home to remain until a CZC is approved, and the process for doing so. 3. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to recommend approval of File Number H-2016-0120 as presented in staff report for the hearing date of November 17, 2016 with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to recommend denial of File Number H-2016-0036 as presented in staff report for the hearing date of November 17, 2016 for the following reasons: (You should state specific reason(s) for denial.) Continuance I move to continue File Numbers H-2016-0120 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: The site is located at 6280 N. Black Cat Road, in the NW ¼ of Section 27, Township 4N., Range 1W. b. Owner/Applicant: Pine Street, LLC 420 E. Elm Street Caldwell, ID 83605 c. Representative: Jerrod Wallgren, JGT Architecture 1212 12th Avenue South Nampa, ID 83651 d. Applicant's Request: Please see applicant’s narrative for this information. 5. PROCESS FACTS a. The subject application is for annexation & zoning. A public hearing is required before the Planning and Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. b. Newspaper notifications published on: October 31 and November 14, 2016 (P&Z) November 28 and December 12, 2016 (Council) c. Radius notices mailed to properties within 300 feet on: October 27, 2016 (P&Z) November 21, 2016 (Council) d. Applicant posted notice on site by: November 7, 2016 (P&Z) December 5, 2016 (Council) 6. LAND USE a. Existing Land Use(s): The subject property is zoned RUT in Ada County and is developed with a single-family home. Exhibit A Black Cat and Chinden – AZ (H-2016-0120) PAGE 3 b. Description of Character of Surrounding Area and Adjacent Land Uses and Zoning: 1. North: W. Chinden Blvd., and Tree Farm Property, Zoned C-C 2. East: Vacant property (The recently approved Trilogy Subdivision), zoned R-8 3. South: Bainbridge Subdivision and Rambo Subdivision, Zoned R-8 4. West: N. Black Cat Road and Single-family homes zoned RUT. c. History of Previous Actions: None d. Utilities: 1. Public Works: Location of sewer: A sanitary sewer main currently exists in N. Black Cat Road, and a new sewer main is proposed to the south in Ramblin Court. Location of water: A water main currently exists in N. Black Cat Road, and a new water main is proposed to the south in Ramblin Court. Issues or concerns: Even though mains currently exist in N. Black Cat Road, it is the city’s preference that services for the proposed project come from the proposed mains in Ramblin Court if they exist at the time of development. e. Physical Features: 1. Canals/Ditches Irrigation: No major facilities traverse the property. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: NA 7. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated “Medium Density Residential” on the Comprehensive Plan Future Land Use Map. At the discretion of City Council, areas with a residential comprehensive plan designation may request an office use if the property only has frontage on an arterial street or section line road and is three acres or less in size. The subject property has limited access to local streets and is located on the corner of two arterial roadways. Staff is not in favor of direct access either to W. Chinden or N. Black Cat Road, and because the local street within the proposed Trilogy Subdivision has not been constructed, the only vehicular access to the property is from W. Ramblin Court. Staff is in favor of allowing office uses on the subject property, subject to the conditions in Exhibit B. The following Comprehensive Plan policies apply to this application: 1. “Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City.” (3.01.01F) City services are readily available to serve the proposed development in accord with UDC 11-3A-21. 2. “Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system.” (3.03.03B) Staff is supportive of the proposed pedestrian connections to the future sidewalk along N. Black Cat, W. Ramblin Court and W. Chinden Blvd; however, staff recommends that the applicant provide a pedestrian connection to the proposed future adjacent subdivision by providing a stub sidewalk to the east property line. Exhibit A Black Cat and Chinden – AZ (H-2016-0120) PAGE 4 3. “Protect existing residential properties from incompatible land use development on adjacent parcels.” (3.06.01F) The applicant is proposing L-O zoning for the subject parcel. Staff finds that with a development agreement provision that ties the applicant to the submitted conceptual plan and limits the uses allowed within the L-O zoning district, that the subject development is consistent with the surrounding development to the east. 4. “Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow.” (3.03.03C) One stub streets has been proposed to connect with the previously approved Trilogy Subdivision. This property has been proposed to be developed in a manner similar to the subject parcel. 6. “Encourage and promote the preservation and expansion of Chinden Boulevard (US 20/26) by ITD (3.03.02L). The applicant has coordinated with ITD on the preservation of right of way (ROW) along the Chinden corridor. The total ROW needed for this segment of corridor is 140 feet. The submitted plans depict the 60-feet of additional (100-feet total from centerline) ROW. 7. “Require landscape street buffers for new development along all entryway corridors. 2.01.02E) A 35-foot wide landscape buffer will be required along Chinden Boulevard, designated entryway corridors. These landscape buffers must be developed in accord with the standards listed in UDC 11-3B-7C Landscape Buffers along Streets. Staff is of the opinion that the proposed use is generally consistent with the Comprehensive Plan and the surrounding uses based on the analysis above if the developed in accord with the recommended provisions of the prosed development agreement in Exhibit B. 8. UNIFIED DEVELOPMENT CODE A. Purpose Statement of Zone: The purpose of the L-O district is to provide for the retail and service needs of the community in accordance with the Meridian comprehensive plan. Six (6) districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. B. Schedule of Use: Unified Development Code (UDC) Table 11-2B-2 lists the principal permitted, accessory, conditional, and prohibited uses in the L-O zoning district. The proposed professional or medical office is a principally permitted use in the L-O zoning district. C. Dimensional Standards: Development of the site shall comply with the dimensional standards listed in UDC Table 11-2B-3 for the proposed L-O zoning district. D. Landscaping: Landscaping is required to be installed on the site in accord with the parking lot standards listed in UDC 11-3B-8C, street buffer standards listed in UDC 11-3B-7C in accord with UDC Table 11-2B-3. E. Off-Street Parking: UDC 11-3C-6B requires 1 space for every 500 square feet of gross floor area. F. Structure and Site Design Standards: Development of this site must comply with the design Exhibit A Black Cat and Chinden – AZ (H-2016-0120) PAGE 5 standards in accord with UDC 11-3A-19 and the guidelines listed in the City of Meridian Architectural Standards Manual. 9. ANALYSIS Analysis of Facts Leading to Staff Recommendation: 1. ANNEXATION AND ZONING: The applicant requests annexation and zoning of 3.51 acres of land with an L-O zoning district. The legal description submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be annexed and rezoned. The property is contiguous to land that has been annexed into the City and is within the Area of City Impact boundary. The City may require a development agreement (DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. In order to ensure the site develops as proposed with this application, staff recommends a DA as a provision of annexation with the conditions included in Exhibit B. The applicant is proposing to take access from W. Ramblin Court and to the future N. Exeter Avenue. Site Plan: A site plan was submitted, included in Exhibit A.2 that depicts two 12,000 s.f. office buildings. The design of the site should comply with the design review standards listed in UDC 11-3A-19 and the guidelines contained in the Architectural Standards Manual. Sidewalk: A minimum 5-foot wide detached sidewalk is required around all buildings as well as those serving public streets. Parking: Per UDC 11-3C-6B.1, in commercial districts, one off-street parking space is required per 500 square feet of gross floor area. Based on the total square footage of the offices, forty- eight (48) parking space are required for the development. Additionally, per UDC 11-3C-6G, one bicycle parking space is required to be provided for every 25 vehicle spaces proposed on the site, in compliance with the standards listed in UDC 11-3C-5C. A bicycle rack is required to be provided on the site capable of holding at least two bicycle. Existing Structure(s): There is an existing home and associated outbuildings on the site that will be removed as part of this development. State Highways: Chinden Boulevard is a state highway. UDC 11-3H-4B prohibits access to state highways at locations other than at section line roads, or at the ½ mile between sections. A note should be placed on the face of the plat prohibiting direct lot access to Chinden Boulevard. The applicant should dedicate right-of-way, in accordance with ITD’s requirements, to allow for future highway expansion (100-feet from centerline proposed). The applicant should construct a 10-foot wide pathway along Chinden Boulevard (see UDC 11-3H-4C.3). Ramblin Court and (Future) N. Exeter Avenue: A public street is proposed as the sole access to serve the commercial development. In addition, the applicant will be required to construct a landscape buffer and sidewalk along the east side of the property along the future N. Exeter Avenue. Once the subdivision to the east develops, alternative access onto Black Cat Road will be provided for the commercial development. Dimensional Standards: The future development shall comply with the applicable standards listed in UDC Table 11-2B-3 for the L-O zoning district. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize any existing Exhibit A Black Cat and Chinden – AZ (H-2016-0120) PAGE 6 surface or well water for the primary source. If a surface or well source is not available, a single - point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. Landscape Buffer along Chinden Boulevard: Chinden Boulevard, adjacent to the property, is classified as an Entryway Corridor on the Future Land Use Map, and requires a 35-foot landscape buffer per UDC 11-2A-5. The applicant has proposed to construct a 35-foot wide landscape buffer along Chinden Boulevard, located outside of the future 100 foot right-of-way for the highway. There is approximately 55 additional feet that will be improved with grass, until ITD purchases it for the widening of Chinden Boulevard. This proposal meets the 35 foot minimum landscape buffer requirement and accommodates the 55 feet of additional area needed by ITD for future roadway expansion.) Landscape buffers in accord with UDC 11-2B-3 are required along Ramblin Court, Black Cat and Exeter Avenue. Tree Mitigation: There are large trees on the site which the applicant is proposing to remove or relocate. Any tree over 4” in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of those removed. Required landscaping trees will not be considered as replacement trees for those that are removed. The applicant should coordinate a mitigation plan with Elroy Huff at the Meridian Parks Department. Existing Structures: The site currently contains multiple buildings. All buildings should be removed or relocated, prior to issuance of the first certificate of occupancy. Sidewalk: UDC 11-3A-17D requires sidewalks on both sides of public streets. Ramblin Court is currently improved with pavement only. The sidewalk on the north side of W. Ramblin Court is to be constructed as part of the Trilogy Subdivision. The applicant shows a sidewalk connection from Chinden Boulevard into the site. All sidewalks shall be constructed in accordance with UDC 11-3A-17. Additionally, the concept plan does not show a 5 -foot sidewalk along N. Black Cat. The concept plan shall be modified to reflect that requirement. Multi-Use Pathway: A 10-foot wide multi-use pathway is required to be constructed on this site along Chinden Boulevard (SH 20/26) within a public use easement in accord with UDC 11 -3H- 4C.4. Building Elevations: Elevations were submitted with the subject application. Staff is supportive of the proposed mix of building materials (lap siding and stucco). Commercial buildings are required to obtain design review approval. In general staff is supportive of the building design submitted with the application. Future buildings constructed within the subdivision must comply with the elevations attached in Exhibit A.4 below. Certificate of Zoning Compliance (CZC) and Design Review (DES): A CZC and DES application is required to be submitted prior to issuance of building permits for the commercial structures. The applicant must comply with the design standards listed in UDC 11-3A-19 and the guidelines contained in the Architectural Standards Manual. In summary staff finds the proposed project complies with the future land use map and applicable policies of the Comprehensive plan and the UDC with the conditions of approval listed in Exhibit B. Based on the aforementioned analysis, staff recommends approval of the subject application. 10. EXHIBITS A. Drawings Exhibit A Black Cat and Chinden – AZ (H-2016-0120) PAGE 7 1. Vicinity Map 2. Proposed Concept Plan/Elevations (dated: 09/20/16) B. Conditions of Approval 1. Planning Division 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Republic Services 7. Ada County Highway District 8. Boise Project Board of Control C. Legal Description and Exhibit Map D. Required Findings from Unified Development Code Exhibit A Black Cat and Chinden – AZ (H-2016-0120) PAGE 20 A. Drawings 1. Vicinity/Zoning Map Exhibit A Black Cat and Chinden – AZ (H-2016-0120) PAGE 21 2. Proposed Concept Plan/Elevations NOT APPROVED (dated: 9/20/16) Exhibit A Black Cat and Chinden – AZ (H-2016-0120) PAGE 22 B. Conditions of Approval 1. PLANNING DIVISION 1.1.1 A Development Agreement (DA) is required as a provision of annexation and zoning of this property. Prior to annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of ordinance adoption, and the developer. Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six (6) months of the City Council granting annexation, approved by City Council and recorded. The DA shall, at minimum, incorporate the following provisions: a. Access to Chinden Boulevard and Black Cat shall be prohibited for this site. Access shall be provided from Ramblin Court and N. Exeter Drive as proposed. b. The applicant shall dedicate the necessary right-of-way for both Chinden Boulevard and Black Cat with the development of this property. c. Future development of the site shall be consistent with the design standards listed in UDC 11- 3A-19 and the guidelines in the City of Meridian Architectural Standards Manual. d. Development of this property shall substantially comply with the concept plan and elevations included in Exhibit A.2 and shall be limited to uses allowed within the L-O zoning district. e. Construct a minimum 35-foot wide landscape buffer along N. Black Cat Road and Chinden Boulevard and a 10-foot wide landscape buffer adjacent to Ramblin Court and Exeter Drive. The landscape buffers shall be landscaped in accord with the standards listed in UDC 11-3B- 5 and 11-3B-7C. f. All landscape and frontage improvement associated with the site including a 10-foot wide multi-use pathway along the north boundary of this site within the landscape buffer along W. Chinden Boulevard. g. With submission of a certificate of zoning compliance, the landscape plan shall show the required landscape buffers in accord with UDC 11-2B-3. Landscape buffers are required along Ramblin Court, Black Cat and Exeter Avenue. h. The concept plan does not show a 5-foot sidewalk along N. Black Cat. The concept plan shall be modified to reflect that requirement. i. Any future development of the site must comply with the City of Meridian ordinances in effect at the time of development. j. A Certificate of Zoning Compliance and Design Review application is required to be submitted and approved for the proposed use and site design (parking, landscaping, paving, etc.) prior to issuance of building permits. k. The single family home shall be removed prior to issuance of the first certificate of zoning compliance for the site. Exhibit A Black Cat and Chinden – AZ (H-2016-0120) PAGE 23 2. PUBLIC WORKS DEPARTMENT 2.1 SITE SPECIFIC CONDITIONS OF APPROVAL 2.1.1 Even though water and sewer mains currently exist in N. Black Cat Road, it is the city’s preference that services for this project come from the proposed mains in Ramblin Court that are to be installed with the Trilogy Development, if they exist at the time of development. 2.2 GENERAL CONDITIONS OF APPROVAL 2.2.1 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to signature of the final plat by the City Engineer. 2.2.2 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 9-2-28C1). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.2.3 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being developed shall be tiled per UDC 11- 3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.2.4 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at 208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.2.5 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.2.6 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.2.7 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.8 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.2.9 All grading of the site shall be performed in conformance with MCC 11-1-4B. 2.2.10 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. Exhibit A Black Cat and Chinden – AZ (H-2016-0120) PAGE 24 2.2.11 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.2.12 At the completion of the project, the applicant shall be responsible to submit record drawings for any new public infrastructure per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.2.13 Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer’s expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 2.2.14 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed public sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-221. 3. FIRE DEPARTMENT 3.1 The Fire Department has no concerns related to this application. 4. POLICE DEPARTMENT 4.1 The Police Department has no concerns related to this application. 5. PARKS DEPARTMENT 5.1 Construct a 10-foot multi-use pathway adjacent to Chinden Boulevard. At such time that the multi- use pathway connects from one major street to another and is greater than one-half mile long, the applicant may petition the City to assume maintenance responsibilities. 5.2 A pedestrian easement for the multi-use pathway shall be recorded prior to City Engineer’s signature on the final plat. 6. REPUBLIC SERVICES 6.1 Republic Services did not provide comments on this application. 7. ADA COUNTY HIGHWAY DISTRICT (ACHD COMMENTS FORTHCOMING) 7.2.1 SITE SPECIFIC CONDITIONS OF APPROVAL 7.2.2 STANDARD CONDITIONS OF APPROVAL Exhibit A Black Cat and Chinden – AZ (H-2016-0120) PAGE 25 C. Legal Description and Exhibit Map Exhibit A Black Cat and Chinden – AZ (H-2016-0120) PAGE 26 Exhibit A Black Cat and Chinden – AZ (H-2016-0120) PAGE 27 D. Required Findings from Unified Development Code 1. Annexation & Zoning Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexatio n and/or rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; Council finds the proposed annexation with the L-O zone is consistent with the proposed MDR future land use designation. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Council finds that the proposed map amendment to the L-O zoning district is consistent with the purpose statement of the commercial districts and the proposed uses will provide a needed service to area residents. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare if the applicant complies with conditions outlined in this report. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-5B-3.E). Per the above findings, Council finds the proposed annexation is in the best interest of the City if the applicant enters into a development agreement and complies with all recommended DA provisions in Exhibit B. Meridian City Council Meeting DATE: February 7, 2017 ITEM TITLE: Movado Estates ITEM NUMBER: 5F PROJECT NUMBER: H-2016-0112 Development Agreement for Movado Estates (AZ, PP H-2016-0112) with C4 Land, LLC (Owner) and DevCo, LLC (Developer) located on the south side of E. Overland Road between S. Topaz Way and S. Cloverdale Road, in the NE'/4 of Section 21, Township 3 North, Range 1 East (Parcel S 1121131500 and S 1121141800) 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 ADA COUNTY RECORDER Christopher D. Rich 2017-012608 BOISE IDAHO Pgs=60 LISA BATT 02/10/2017 09:46 AM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: 1, City of Meridian 2, C4 Land LLC, Owner 3. DevCo, LLC, Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this day of a wrY '203, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and C4 Land LLC, whose address is 4824 W. Fairview Avenue, Boise, Idaho 83706, hereinafter called OWNER and DevCo, LLC, whose address is 4824 W, Fairview Avenue, Boise, Idaho 83706, hereinafter called DEVELOPER. 1, RECITALS: 1,1 WHEREAS, Owner is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1,2 WHEREAS, Idaho Code § 67-6511 A provides that cities may, by ordinance, require or permit as a condition of zoning that the Owners and/or Developer make a written commitment concerning the use or development ofthe subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re -zoning of land; and 1,4 WHEREAS, Owner and/or Developer has submitted an application for the annexation of approximately 102,69 acres of land from the RUT zoning district in Ada County to the R-8 (Medium Density Residential)(58.64 acres) and the R-15 (Medium High Density Residential)(44.05 acres) zoning districts (as described in Exhibit "A"), under the Unified Development Code, which generally describes how the Property will be developed and what improvements will be made; and 1,5 WHEREAS, Owner and/or Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and DEVELOPMENT AGREEMENT—MOVADO ESTATES SUBDIVISION (H-2016-0112) PAGE 1 OF 9 before the Meridian City Council, as to how the Property will be developed and what improvements will be made; and 1.6 WHEREAS, the record of the proceedings for the requested preliminary plat on the Property held before the Planning & Zoning Commission, and subsequently before the City Council, includes responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment; and 1.7 WHEREAS, on the 3`d day of January, 2017, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit "B"; and 1.8 WHEREAS, the Findings require the Owner and/or Developer to enter into a Development Agreement before the City Council takes final action on final plat; and 1.9 WHEREAS, Owner and/or Developer deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS, City requires the Owner and/or Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation are in accordance with the amended Comprehensive Plan of the City of Meridian on October 11, 2016, Resolution No. 16-1173, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of DEVELOPMENT AGREEMENT -MOVADo ESTATES SUBDIVISION (H-2016-0112 PAGE 2 OF 9 Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER: means and refers to C4 Land LLC, whose address is 4824 W. Fairview Avenue, Boise, Idaho 83706, the party that owns said Property and shall include any subsequent owner(s) of the Property. 3.3 DEVELOPER: means and refers to DevCo, LLC, whose address is 4824 W. Fairview Avenue, Boise, Idaho 83706, the party that is developing said Property and shall include any subsequent developer(s) of the Property. 3.4 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit "A" describing the parcels to be re -zoned Medium Density Residential (R-8) and Medium High Density Residential (R-15) zoning districts and attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner and/or Developer shall develop the Property in accordance with the following special conditions: a. Future development of this site shall be consistent with the preliminary plat, landscape plan and building elevations attached in Exhibit A of the attached Findings of Fact and Conclusions of Law as "Exhibit B", and the revisions noted in the staff report. The 11.56 acres of land not included in the original application shall be included in the annexation and shall be included as part of the preliminary plat. Ten (10) days prior to the City Council hearing, the applicant shall provide a revised legal description that includes those 11.56 acres of land not shown in the original application. b. All existing structures on the property shall be removed prior to the City's Engineer's signature on the final plat. c. Applicant shall construct the pedestrian crossing over the Ridenbaugh Canal with Phase 5A as shown on Phasing Plan dated 09/07/2016. d. Two (2) of the common driveways included in the plat are also being used as emergency access for the fire department (Lots 71, 72 and 73 and Lots 48, 49 and 50, DEVELOPMENT AGREEMENT -MOVADo ESTATES SUBDIVISION (H-2016-0112) PAGE 3 OF 9 Block 2). These two (2) common driveways shall be striped and signed as "No Parking." e. The applicant shall construct an additional portion of 10 -foot multi use pathway starting from the southwest corner of the property where Copper Point Way connects to the property and travels west adjacent to lots 89, 87, 84 of Block 2; then traveling north along Rolling Hills Avenue where it will then cross East Pewter Falls Drive; and continuing north adjacent to lot 20 of Block 1 where it will connect with the Regional Pathway on the south side of Eight Mile (Five Mile) Creek. f. The applicant shall comply with the submitted home elevations attached in Exhibit A.5 of the attached Findings of Fact and Conclusions of Law "Exhibit B". The rear and/or side of structures that face E. Cloverdale Road (Lots 25-31, Block 2) shall incorporate articulation through changes in two or more of the following: modulation (e.g. — projections, recesses, step -backs, pop -outs), bays, banding, porches, balconies, material types or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street. Single -story structures are exempt from this requirement. g. The applicant shall obtain a waiver from City Council to UDC 11 -3A -6A in order for the Eight Mile Creek and Ridenbaugh Canal to remain open and not be piped due to the large capacity of their facilities. If a waiver is not obtained, the waterlvay is required to be piped. h. The 35 foot landscape buffer along W. Overland Road and the 20 foot landscape buffer along S. Movado Way must be constructed with the first phase of development. i. Construct the entire landscape buffer along W. Overland Road, including replacing the existing gravel with vegetation in accord with UDC 11 -3B -7C; j. The applicant shall construct the entry gatehouse and monuments as proposed. 6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6) months after the date of the Findings for the annexation and zoning or it is null and void. 7. DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. Either party's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 7.2 Notice and Cure Period. In the event of Owner and/or Developer's default of this Agreement, Owner and/or Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed DEVELOPMENT AGREEMENT -MOVADO ESTATES SUBDIVISION (H-2016-0112 PAGE 4 OF 9 to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner and/or Developer that is not cured after notice as described in Section 7.2, Owners and/or Developer shall be deemed to have consented to modification of this Agreement and de - annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owner and/or Developer reserve all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owner and/or Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owner and/or Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 7.5 Waiver. A waiver by City of any default by Owner and/or Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owner and/or Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits, and submit proof of such recording to Owner and/or Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re -zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. DEVELOPMENT AGREEMENT -MOVADO ESTATES SUBDIVISION (H-2016-0112 PAGE 5 OF 9 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC, to insure the installation of required improvements, which the Owner and/or Developer agree to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City, or sufficient surety of performance is provided by Owner and/or Developer to the City in accordance with Paragraph 11 above. 13. ABIDE BY ALL CITY ORDINANCES: That Owner and/or Developer agree to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: City Clerk City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 OWNER: C4 Land LLC 4824 W. Fairview Avenue Boise, ID 83706 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 DEVELOPER: DevCo, LLC 4824 W. Fairview Avenue Boise, ID 83706 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. DEVELOPMENT AGREEMENT -MOVADO ESTATES SUBDIVISION (H-2016-0112) PAGE 6 OF 9 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner and/or Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner and/or Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner and/or Developer have fully performed their obligations under this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. 20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner and/or Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner and/or Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re -zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [end of text; signatures, acknowledgements, and Exhibits A and B follow] DEVELOPMENT AGREEMENT -MOVADO ESTATES SUBDIVISION (H-2016-0112 PAGE 7 OF 9 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER: C4 Land LLC By; _ 414 6�. / Printed ame: Ji Conger its: Member DEVELOPER: DevCO, LLC. By: _ 4A Printed Name; J M Conger Its: Member ATTEST: C.Ja Coles, ity Clerk CITY OF MERIDIAN G N By: ")l Mayor Tamm e Weerd DEVELOPMENT AGREEMENT— MOVADO ESTATES SUBDIVISION (H-2016-0112) PAGE 8 OF 9 STATE OF IDAHO ss: County of Ada, ) On this /T11, day of ibivarL, 2017, before me, the undersigned, a Notary Public in and for said State, personally appeared h rig 6—f' e'- , known or identified to me to be the --1 qt -c be ✓' of C4 Land LLC, and acknowledged to me that he executed the same on behalf of said Corporation. IN WITNESS WHERf,60', g4rwp, hereunto set my hand and affixed my official seal the day and year in this certificate first above writtV.**;Nv, os' �.. d p° SOT A R w P (SEAL) y ... c ; ,L L to �s g u Notary Public for Idaho 1'U B Residing at:c1� (P1'°'°°°a° My Commission Expires: ZG 4' STATE OF IDAHO . ss: County of Ada, ) On this / I' day of t 2017, before me, the undersigned, a Notary Public in and for said State, personally appeared known or identified to me to be the of DevCo, LLC, and acknowledged to me that lie executed the same on behalf of said Corporation. 9f&®9ti8c IN WITNESS WHERIW'V,,kt i vejffl°ehlnto set my hand and affixed my official seal the day and year in this certificate first above written .++ p °4°@' ° tn " �l r e r��TA�Y (HEAL) °; ap "tj n t. t Notary Public for Idaho Residing at: > a�rfl'. t, LP �,+ My Commission Expires: '.�1 9 Y4 iQk 5e 56if sua96i STATE OF IDAHO ss County of Ada ) On this day of �V`til0-1^ 2017, before me, a Notary Public, personally appeared Tammy de Weerd and C.Jay Coles, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above wriltgi•....•• MA •. (SEAL) ; �; _ ;; Notary Public Idahof ` nn i> tv Residing at Q • `, �� t, ;:�"� Commission expires: DEVELOPMENT AGREEMENT @MVVXDO ESTATES SUBDIVISION (H-2016-0112) PAGE 9 Or 9 EXHIBIT A g,� Sawtooth Land Surveying, LLC P: (208) 398-8104 F: (208) 398-8105 2030 S. Washington Ave., Emmett, iD 53E 17 January26, 2017 Movado Development Agreement Legal Description Basis of Bearings for this legal description is South 89113'35" East, between the brass cap marking the N1/4 corner of Section 21, and the aluminum cap marking the northeast corner of Section 21, both in T. 3 N., R. 1 E., B.M., City of Meridian, Ada County, Idaho. A parcel of land located in the NE1/4 and the SE1/4 of Section 21, T. 3 N,, R. 1 E., B.M., within the City of Meridian, Ada County, Idaho, more particularly described as follows; COMMENCING at a found brass cap marking the N1/4 corner of Section 21; Thence South 89013'35" East, coincident with the north Line of the NEI/4 of said Section 21, a distance of 703.00 feet to the POINT OF BEGINNING; Thence continuing South 89113'35" East, coincident with said north line of the NE1/4 of Section 21, a distance of 635.43 feet to the E1/16 corner common to Sections 16 and 21; Thence South 0024'28" West, coincident with the west line of the E1/2 of the NE1/4 of said Section 21, a distance of 794.28 feet; Thence South 89013'17" East, 187.44 feet to the westerly line of Cloverdale West Subdivision as shown on file in Book 39 of Plats at Page 3260, Ada County Records; Thence South 7022'14" East, 69.14 feet to the southwest corner of said Cloverdale West Subdivision and the northwest corner of Crawford Place Subdivision as shown on file in Book 79 of Plats at Page 8411, Ada County Records; Thence South 7021'57" East, coincident with the westerly boundary of said Crawford Place Subdivision, 173.00 feet; Thence South 271106'57" East, coincident with the westerly boundary of said Crawford Place Subdivision, 100.00 feet; Thence South 45021'57" East, coincident with the westerly boundary of said Crawford Place Subdivision, 550.00 feet; Thence South 54006'57" East, coincident with the westerly boundary of said Crawford Place Subdivision, 822.94 feet to the east line of said NE1/4 of said Section 21; P:\2015k15071-CMG-B1ENAPFL COMMUNITY MOVADO1Drawings\Descriptions\MOVADO DEVELOPMENT AGREEMENT LEGAL.docx Page 11 Thence South 0°37'54" West, coincident with said east line of the NEI/4 of Section 21, a distance of 684.48 feet to a found aluminum cap marking the E1/4 corner of said Section 21; Thence North 89°08'03" West, coincident with the south line of said NE1/4 of Section 21, and the northerly line of Muir Woods Subdivision No. 1, as shown on file in Book 80 of Plats at Page 8553, Ada County Records, 209.88 feet to the centerline of the Ridenbaugh Canal; Thence South 39051'57" West, coincident with said northerly line of Muir Woods Subdivision No. 1, and the centerline of said Ridenbaugh Canal, 253.25 feet; Thence South 65004'09" West, coincident with said northerly line of Muir Woods Subdivision No. 1, and the centerline of said Ridenbaugh Canal, 100,00 feet; Thence North 84°03'21" West, coincident with said northerly line of Muir Woods Subdivision No. 1, and the centerline of said Ridenbaugh Canal, 1035.19 feet; Thence South 89028'30" West, coincident with said northerly line of Muir Woods Subdivision No. 1, and the centerline of said Ridenbaugh Canal, 136.02 feet to the northwest corner of said Muir Woods Subdivision and the northeast comer of Southerland Farm Subdivision No. 5, as shown on file in Book 94 of Plats at Page 11433, Ada County Records; Thence continuing South 891128'30" West, coincident with the northerly boundary of said Southerland Farm Subdivision No. 5 and the centerline of said Ridenbaugh Canal, 51.07 feet; Thence leaving said centerline of the Ridenbaugh Canal, South 0055'40" West, coincident with said northerly boundary of Southerland Farm Subdivision No. 5, a distance of 20.23 feet; Thence North 89110'02" West, coincident with said northerly boundary of Southerland Farm Subdivision No. 5, a distance of 976.67 feet to the westerly line of the NW1/4 of the SEI/4 of Section 21; Thence North 0112'27" East, coincident with said westerly line of the NW1/4 of the SE114 of Section 21, a distance of 174.05 feet to the C1/4 corner of said Section 21; Thence North 0°11'04" East, coincident with the westerly line of said NEI/4 of Section 21, a distance of 1764.19 feet; Thence South 89013'17" East, 703.00 feet; Thence North 0111'04" East, parallel with said westerly line of the NEI/4 of Section 21, a distance of 592.99 feet to the POINT OF BEGINNING; The above described parcel contains 114.25 acres more or less. ,4d iNS End Description \` ����Z�% P:12015115071-CMG-BIENAPFL COMM UNI - in DescriptionsWOVADO DEVELOPMENT AGREEMENT LEGAL.docx '��C PORE Page 12 EXHIBIT MOVADO DEVELOPMENT AGREEMENT SECTION 21, T. 3 N., R. 1 E., B.M. BASIS OF BEARINGS S 89'13'35"E 703.00' S 89'-" 35" E 635.43' N114 SECTION21 g co co S 89"13'17" E 703, 00' 114.25 Act E. OVERLAND RD. 1s 15 V E1116 COR. Q � o 21 22 N Q U, q 0F 13602' W - � o a w 3`1•.'1 03" W yN 89°08 L9h'% 209.88' w N a p o z � N 84°0321" W 10359, cb' \N , 187.44' S89'13'17"E 69.14' p 6 9 ' --�-S 07'22'14"E CLOVERDALE WEST SUODIWSION SUTNERLANO FARM SUR. ND, 5 MUIR WOODS SUB. NO. 1f31`1VBAUGH 173.00' CRAWFORD PLACE SUBDIVISION S 07°2157" E tW- LA 4i��\ E N'�,� � Q � o cc 0. 4 o U, q 0F 13602' W - � o a 976.67' N o NTS PROJECT: OWNlrR/DEVELOPER:AWG # 203DS. WASHINGTON AVE. MOVADO DEVELOPMENT EMMETT, ID 83617 15071 AGREEMENT DEVCO LLC. P: (208) 398-8104 PROJECT# k44/7-00(208)388-8105 15fl71 SHEET DATE. Q1I2017 ; r"F"' WWW.SAWTOOTHLS.COM 10F1 51.07' w C114 COR. 589'2830"W o N p9°28'30° 13602' W 114 COR. a 976.67' N o 3`1•.'1 03" W yN 89°08 L9h'% 209.88' o N 89'10'02" W Z N 84°0321" W 10359, cb' \N , RI CANAL i p 6 9 SUTNERLANO FARM SUR. ND, 5 MUIR WOODS SUB. NO. 1f31`1VBAUGH 5 AID. NTS PROJECT: OWNlrR/DEVELOPER:AWG # 203DS. WASHINGTON AVE. MOVADO DEVELOPMENT EMMETT, ID 83617 15071 AGREEMENT DEVCO LLC. P: (208) 398-8104 PROJECT# k44/7-00(208)388-8105 15fl71 SHEET DATE. Q1I2017 ; r"F"' WWW.SAWTOOTHLS.COM 10F1 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0112 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for Annexation and Zoning of 102.69 acres of land from RUT in Ada County to the R-8 zoning district (58.64) and R-15 zoning district (44.05); and Preliminary Plat Consisting of 430 single-family residential building lots and 39 common lots on 102.69 acres of land for Movado Estates Subdivision located on the south side of E. Overland Road between S. Topaz Way and S. Cloverdale Road, in the NE ¼ of Section 21, Township 3 North, Range 1 East (Parcel S1121131500 and S1121141800), by DevCo, LLC. Case No(s). H-2016-0112 For the City Council Hearing Date of: December 20, 2016 (Findings on January 3, 2017) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of December 20, 2016, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of December 20, 2016, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of December 20, 2016, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of December 20, 2016, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the “Local Land Use Planning Act of 1975,” codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. EXHIBIT B CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0112 2 - 6. That the City has granted an order of approval of the annexation and zoning request in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this annexation approval is subject to a development agreement containing the provisions in the attached Staff Report for the hearing date of October 18, 2016, incorporated by reference. C. Decision and Order Pursuant to the City Council’s authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant’s request for annexation and zoning was approved with an R-8 and R-15 zoning districts with the requirement of a Development Agreement with the provisions noted in the Staff Report for the hearing date of December 20, 2016, attached as Exhibit A. 2. The applicant’s request for a preliminary plat is hereby approved based on the findings in the Staff Report for the hearing date of December 20, 2016, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Six (6) Month Development Agreement Duration The development agreement shall be signed by the property owner and returned to the City within six (6) months of the City Council granting annexation and/or rezone (UDC 11-5B-3D). A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the City if filed prior to the end of the six (6) month approval period (UDC 11-5B-3F). E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of December 20, 2016 By action of the City Council at its regular meeting held on the ly/ 65. A17 COUNCIL VICE PRESIDENT JOE BORTON COUNCIL MEMBER ANNE LITTLE ROBERTS COUNCIL MEMBER TY PALMER COUNCIL MEMBER LUKE CAVENER 3 day of VOTED VOTED VOTED — VOTED 4 VOTED COUNCIL MEMBER GENESIS MILAM VOTED MAYOR TAMMY de WEERD VOTED TIE BREAKER) Mayor Tai de Weerd Attest: C Jay C0 City Clerk G pORATe'D d j W a Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney. By: WE Dated: City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0112 3- Exhibit A Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 1 STAFF REPORT HEARING DATE: December 20, 2016 TO: Mayor & City Council FROM: Josh Beach, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Movado Estates Subdivision - H-2016-0112 I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, DevCo, LLC, has submitted an application for annexation and zoning (AZ), and preliminary plat (PP) for Movado Estates Subdivision. The applicant proposes to annex and zone 102.69 acres of land from RUT in Ada County to the R-8 zoning district (58.64) and R-15 zoning district (44.05). The applicant also proposes a preliminary plat consisting of 430 single-family residential lots and 39 common lots and 9 other lots on approximately 102.69 acres in the R-8 and R-15 zoning districts. NOTE: Since the application was submitted to the City, the applicant finalized a property boundary adjustment with the County which altered the configuration of the property. The resulting properties have revised staff’s recommendations to include the northern portion of the property in the annexation and preliminary plat. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed AZ & PP based on the Findings of Fact and Conclusions of Law in Exhibit D of this report. The Meridian Planning & Zoning Commission heard these items on October 20, 2016. At the public hearing, the Commission moved to recommend approval of the subject AZ and PP requests. a. Summary of Commission Public Hearing: i. In favor: Jim Conger, Applicant ii. In opposition: Lee Coulson, Mark Taylor, Dale Eldridge, Guy Beedle, Elvira Vansickel, Ross Boyack iii. Commenting: Lee Coulson, Mark Taylor, Dale Eldridge, Guy Beedle, Elvira Vansickle, Ross Boyack iv. Written testimony: None v. Staff presenting application: Josh Beach vi. Other staff commenting on application: Bill Parsons b. Key issue(s) of Public Testimony: i. Increased traffic through the Muir Woods and Sutherland Farm Subdivision as a result of this proposed subdivision ii. The number of lots against existing homes iii. Potential for a continued pathway along the Ridenbaugh Canal iv. Lack of direct subdivision access to Cloverdale Road c. Key Issues of Discussion by Commission: i. Potential for continued pathway along the Ridenbaugh Canal Exhibit A Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 2 ii. Timing of the pedestrian bridge over the Ridenabugh iii. Potential for a direct access to Cloverdale iv. 105 units in the gated portion versus the 100 that is allowed per code d. Commission Change(s) to Staff Recommendation: i. Modify condition 1.1.2(C) to read as follows: “The applicant shall be allowed to have 105 units within “The Village Cottages” portion of the subdivision, rather than the 100 that would otherwise be allowed by section 11-3F-4A.4 of the UDC.” ii. Modify condition 1.1.1 c to read as follows: – Applicant shall construct the pedestrian crossing over the Ridenbaugh Canal with Phase 5A as shown on Phasing Plan dated 09/07/2016. iii. Remove conditions 1.1.1 e and 1.1.2 d iv. Modify condition 1.1.1 f to read as follows: – The applicant shall construct an additional portion of 10-foot multi use pathway starting from the southwest corner of the property where Copper Point Way connects to the property and travels west adjacent to lots 89, 87, 84 of Block 2; then traveling north along Rolling Hills Avenue where it will then cross East Pewter Falls Drive; and continuing north adjacent to lot 20 of Block 1 where it will connect with the Regional Pathway on the south side of Eight Mile (Five Mile) Creek. v. Remove condition 1.1.2 c vi. Modify condition 1.1.3. a to read as follows: – Ridenbaugh Canal is required to be fenced with an open vision fence at least 6 feet in height and having an 11-guage, 2-inch mesh or other construction, equivalent in ability to deter access to the waterway in accord with UDC 11-3A-6B. vii. Modufy condition 1.1.5 to read as follows: – A minimum 5-foot wide detached sidewalk shall be constructed along Cloverdale Road where none exists with phase 5A of the development and to coordinate with Nampa-Meridian Irrigation District and ACHD relocation of the Ridenbaugh Canal and Cloverdale Road improvements. e. Outstanding Issue(s) for City Council: i. The applicant requests to leave the Eight Mile Creek open. This requires Council approval. The Meridian City Council heard this item on December 20, 2016. At the public hearings, the Council moved to approve the AZ and PP requests. a. Summary of City Council Public Hearing: i. In favor: Jim Conger ii. In opposition: Lee Coulson, Vern Williams, Terrell Williams, Jason Attinger, iii. Commenting: Dale Eldridge, Vern Williams, Terrell Williams, Jason Attinger, iv. Written testimony: None v. Staff presenting application: Josh Beach vi. Other staff commenting on application: None b. Key Issues of Discussion by Council: i. Why ACHD has not required a direct street connection to Cloverdale Road. ii. The increased vehicular traffic through existing subdivisions specifically to get children to the school on the east side of Cloverdale. iii. The number of increased trips though the existing Muir Woods Subdivision. iv. Whether the applicant will be reimbursed for realigning of the canal. Exhibit A Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 3 III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to recommend approval of File Number H-2016-0112, as presented in the staff report for the hearing date of November 17, 2016, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to recommend denial of File Number H-2016-0112, as presented during the hearing on November 17, 2016, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2016-0112 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located on the south side of E. Overland Road between S. Topaz Way and S. Cloverdale Road, in the NE ¼ of Section 21, Township 3 North, Range 1 East (Parcel S1121131500 and S1121141800). A. Applicant: DevCo, LLC 4824 W. Fairview Ave. Boise, ID 83706 C. Owner: William P. Bienapfl Jr. 2674 S. Andros Meridian, ID 83642 D. Representative: Conger Management Group 4824 W. Fairview Avenue Boise, ID 83706 E. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for annexation and zoning, preliminary plat, alternative compliance and a private street. A public hearing is required before the Planning and Zoning Commission and City Council on the annexation and preliminary plat and c the Director is the decision maker on the alternative compliance and private street request, consistent with Meridian City Code Title 11, Chapter 5.B. Newspaper notifications published on: October 24 and November 14, 2016 C. Radius notices mailed to properties within 300 feet on: October 20, 2016 D. Applicant posted notice on site(s) on: November 4, 2016 VI. LAND USE A. Existing Land Use(s): The site consists of a county residence and agricultural land, zoned RUT Exhibit A Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 4 Ada County). B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: E. Overland Road and single family homes in Rolling Hills Subdivision, zoned R1 in Ada County 2. East: Commercial property, zoned RUT in Ada County 3. South: Single family homes in the Muir Woods Subdivision, zoned R-1B in Boise and Sutherland Farm Subdivision, zoned R-4. 4. West: Commercial property in the Silverstone Business Park, zoned C-G History of Previous None C. Utilities: 1. Public Works: a. Location of sewer: Sanitary sewer mains intended to provide service to the subject site currently exists in E. Overland Road and adjacent to the west in the Silverstone Campus Subdivision. b. Location of water: Water mains intended to provide service to the subject site currently exist in E. Overland Road and adjacent to the west in the Silverstone Campus Subdivision. c. Issues or concerns: None D. Physical Features: 1. Canals/Ditches Irrigation: Eight Mile Creek traverses through the central portion of the property and the Ridenbaugh Canal runs along the southern border of the property. 2. Hazards: Staff is not aware of any hazards that exist on this site. 3. Flood Plain: A portion of the property lies within the flood plain. VII. COMPREHENSIVE PLAN The Comprehensive Plan Future Land Use Map (FLUM) designates this site as Medium Density Residential (MDR). MDR designated areas allow smaller lots for residential purposes within City limits. Uses may include single-family homes at gross densities of 3 to 8 dwelling units per acre d.u./acre). Earlier this year, the Comprehensive Plan future land use map was amended to MU-R along the Overland Road frontage of this property. As part of that application, a concept plan was submitted and approved. (See Exhibit A.6) Exhibit A Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 5 The applicant proposes to develop this site with a mix of residential uses (single family detached, attached and a gated age restricted community) consisting of 430 single-family residential structures. The structures will be a mix of attached and detached single-family residential homes. The project will have a gross density of 4.19 dwelling units per acre (d.u./acre) and a net density of 5.59 d.u./acre, which is consistent with the density desired in MDR designated areas. Staff is also requiring that the applicant include the approximately 11.56 acre portion along Overland Road as part of this annexation and preliminary plat. The subject property is designated as Mixed-Use Regional on the Comprehensive Plan Future Land Use Map. As mentioned abopve, the applicant has submitted a concept plan. The applicant shall provide a revised annexation boundary that includes the area along Overland Road prior to the City Council hearing. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics ): Support a variety of residential categories (low-, medium-, medium-high and high-density single-family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities.” (3.07.01E) The proposed single-family attached and detached dwellings will contribute to the variety of housing types available within the City. In addition to those uses proposed ofr this site, the Silverstone Apartments (a multi-family residential project) has been approved just to the north of this project along Overland Road. Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City.” (3.01.01F) City services are available and will be extended by the developer to the proposed lots upon development of the site in accord with UDC 11-3A-21. Require common area in all subdivisions.” (3.07.02F) The proposed plat depicts a total of 15.41 acres (or 15%) of qualified open space in accord with the requirements listed in UDC11-3G-3. Implement the City’s Pathways Master Plan.” (5.03.01A) A segment of the City’s multi-use pathway system is designated on the Master Pathways Plan on this site along the south side of the Eight Mile Creek. This segment of the pathway must be 10 feet wide and will be required to be paved in accord with UDC 11-3A-8 and landscaped in accord with UDC 11-3B-12. Review new development for appropriate opportunities to connect local roads and collectors to adjacent properties (stub streets). (3.03.020) The applicant proposes to connect to two (2) existing stub streets. Both stub streets are on the west side of the property, E. Copper Point Drive and E. Pewter Falls Street. Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system.” (3.03.03B) The applicant will construct the 10-foot multi-use pathway along the south side of the Eight Mile Creek. The applicant is also proposing to connect the 10-foot multi use pathway to a proposed 5 foot wide attached sidewalk along N. Cloverdale Road. The applicant is also proposing 5-foot attached internal sidewalks that will connect to the previously mentioned existing stub streets. Exhibit A Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 6 Reduce the number of existing access points onto arterial streets by using methods such as cross access agreements, access management and frontage/backage roads.” (3.03.02N) The submitted plat depicts one access point to W. Overland Road as well as two stub streets on the west boundary. Require new residential development to meet development standards regarding landscaping, signage, fences and walls, etc.” (3.05.02C) Street buffer landscaping is required adjacent to E. Overland Road and S. Cloverdale Road in accord with the standards listed in UDC 11-3B-7C. Separate permits shall be obtained for signage and fencing in compliance with the standards listed in UDC 11-3D-5 and 11-3A-7C respectively. Coordinate with public works, police, and fire departments on proposed annexation and development requests, and the impacts on services.” (3.04.01H) Staff has coordinated with public works, police and fire and has incorporated their comments and conditions in this report. Improve and protect creeks (Five Mile, Eight Mile, Nine Mile, Ten Mile, South Slough, and Jackson and Evans Drainages) throughout commercial, industrial and residential areas.”(5.01.01E) The applicant is proposing to leave the Eight Mile Creek open, to provide fencing as required by the UDC, to install landscaping, and construct the regional pathway. The applicant’s request to leave the creek open requires approval by City Council. Ensure development provides safe routes and access to schools, parks and other community gathering places.” (3.07.02N) The applicant has provided a school routes exhibit as part of this application. Staff believes that the applicant shall provide a temporary pathway along the Eight Mile Creek as well as a pedestrian bridge over the Ridenbaugh canal with the third phase of development. This will help facilitate students getting to the elementary school on the east side of Cloverdale Road. For the above stated reasons, staff finds the proposed project is generally consistent with the goals and objectives in the Comprehensive Plan. VIII. UNIFIED DEVELOPMENT CODE A. Purpose Statement of Zones: Per UDC 11-2A-1, the purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-2 lists the permitted, accessory, conditional, and prohibited uses in the R-8 and R-15 zoning districts. The proposed single-family development is listed as a permitted use in both the R-8 and R-15 zoning districts. C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning district and UDC Table 11-2A-7 for the R-15 district applies to development of this site. Exhibit A Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 7 D. Landscaping Standards (UDC 11-3B): The standards for landscaping contained in UDC 11-3B apply to development of this site. E. Common Open Space & Site Amenity Requirements: Common open space and site amenities are required to be provided on the site in accord with the requirements listed in UDC 11-3G-3. F. Administrative Design Review: Single-family attached homes are required to apply for administrative design review prior to approval of a building permit. G. Parking: Age restricted homes with 2 or more bedrooms require 2 parking stalls, with at least one in an enclosed garage. Single-family homes require 2-4 bedrooms require 4 parking stalls, with two in an enclosed garage. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: 1. Annexation & Zoning The applicant has applied for annexation and zoning of 102.69 acres of land with both R-8 and R-15 zoning districts. As discussed above in Section VII, staff believes the proposed zoning designations are generally consistent with the policies in the Comprehensive Plan. The 11.56 acres of land not included in the original application shall be included in the annexation and shall be included as part of the preliminary plat. Ten (10) days prior to the City Council hearing, the applicant shall provide a revised legal description that includes the 11.56 acres of land not shown in the original application. The applicant proposes to develop 430 new single-family residential attached and detached homes as shown on the preliminary plat included in Exhibit A.2. The legal description submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be annexed. The property is contiguous to land that has been annexed into the City and is within the Area of City Impact boundary. The City may require a development agreement (DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. In order to ensure the site develops as proposed with this application, staff recommends a DA as a provision of annexation with the provisions included in Exhibit B. 2. Preliminary Plat (PP) A PP consisting of 430 building lots and 39 common lots and 9 other lots in the R-8 and R-15 zoning district is proposed on 102.69 acres of land for Movado Estates Subdivision. A phasing plan was submitted with this application and is included in Exhibit A.2. The phasing plat submitted with the application indicates that the pedestrian crossing over the Ridenbaugh Canal will happen with phase 6A. Staff feels that the construction of the pedestrian pathway over the Ridenbaugh Canal shall occur prior to phase 6. Students will need to be able to get out to Cloverdale Road and to the existing Hawk signal. The applicant has submitted a pedestrian pathways plan (Exhibit A.7) and staff feels that including the pedestrian bridge and temporary pathway along the Eight Mile Creek will facilitate moving students to the school. Staff recommends that the applicant rework the phasing plan in order to accommodate the pedestrian crossing with the third phase. The applicant shall include the 11.56 acre portion of the property in this annexation and include it as a lot in the preliminary plat. Staff feels that the zoning for the site shall be C-G to align with the concept plan that was approved with the Silverstone Apartments project. Exhibit A Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 8 Existing Structures: There is an existing single-family home on this site. All existing structures that are required to be removed shall be removed prior to signature on the final plat by the City Engineer. Dimensional Standards: Development of this site is required to comply with the dimensional standards listed in UDC 11-2A-3 and Table 11-2A-6 for the R-8 zoning district and 11-2A-7 for the R-15 zoning district. Staff has reviewed the proposed plat and found it to be in compliance with those standards. A minimum 35-foot wide street buffer is required along E. Overland Road, a 25-foot wide landscape buffer is required along S. Cloverdale Road; and a 20-foot wide street buffer is required along S. Movado Way, a collector street. Block Length: The plat is required to comply with the block length standards listed in UDC 11- 6C-3F. Staff has reviewed the proposed plat and with the exception of the south east corner of the property, has found it to be in compliance with the aforementioned standards. The south east corner of the property is encumbered on three sides by significant irrigation facilities (Eight Mile Creek and Ridenbaugh Canal). These facilities greatly limit the ability to break up long block lengths. The applicant has provided two (2) pathway common lots to help in alleviating the problem. Common Drives: There are five common driveways proposed. The applicant is proposing Lots 153, 154, 155, and 156 of Block 2, to take access from a common driveway, Lots 120, 121, and 122, Block 2 to take access from a separate common driveway, lots 15, 16, 17, 18 and 19, Block 6 from one common driveway, Lots 82 and 86, Block 2 and Lots 87 and 91, Block 2 shall take access from two separate common driveways respectively, and Lots 71, 72 and 73 shall take access from a common driveway and Lots 48, 49 and 50 shall take access from a common driveway. Per UDC-11-6C-3D, common driveways shall serve a maximum of (6) dwelling unit. With the final plat application, the applicant must provide an exhibit that depicts the building envelope, setbacks and orientation of the lots and structures taking access from the common drives. Two (2) of the common driveways included in the plat are also being used as emergency access for he fire department (Lots 71, 72 and 73 and Lots 48, 49 and 50, Block 2). These two (2) common driveways shall be striped and signed as “No Parking.” Streets: The majority of the proposed streets depicted on the plat are public, with the exception of the streets through what the applicant is calling “The Village Cottages,” an age-restricted community.” These cottages will feature private streets with multiple common driveways. The homes are designed with shared common walls and abutting garages. With 105 residential home lots in The Village Cottages, the applicant has provided two gated entries for the residents, the main entrance off of the primary subdivisions Spine Road and a secondary on the west side with quick access to the existing Pewter Falls stub. The privates streets will be owned and operated by The Village Home Owners Association with repairs and maintenance paid for by association fees. Gates: The applicant is proposing to install two (2) gates to restrict vehicular movement to the private street to those who live within that area of the development. UDC 11-3F-4 allows gates to be installed, subject to the following standards: a. The proposed development shall be for residential uses. b. The proposed development shall have no more than fifty (50) dwelling units. c. The proposed development shall not restrict pedestrian and bicycle access along the private street. The proposed development shall provide unrestricted access to pedestrians and bicycles at a minimum of two (2) additional points within the proposed development. Exhibit A Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 9 d. The proposed development shall not restrict access to existing or planned multiuse pathways as shown in chapter 3 of the Meridian pathways master plan. e. The applicant shall provide access to the gate for emergency vehicles as determined and approved by the Meridian fire department and public works department. f. To allow sufficient stacking distance, the gate shall be located a minimum of fifty feet 50') back from the ultimate edge of right of way to the connecting public street. The applicant is requesting alternative compliance to allow for 105 homes on a private street, and also for a common driveway off of a private street. As noted in (C) above, code allows for up to fifty (50) dwelling units in a gated community and staff has interpreted this to allow for fifty (50 ) dwelling units per gate. The applicant has proposed two (2) gates for the community, so will be limited to (100) dwelling units imn the gated portion of the project. The applicant’s request to have a common driveway off of a private street is approved by the Director. As part of the Silverstone Apartments application, the applicant was required to provide a secondary access to E. Pewter Falls Street. In order to ensure that this access point remains viable for both the future multi-family development and the age- restricted housing, the applicant shall make this section of road public. This public road section would then likely require a turn-around. Prior to the Commission hearing, the applicant shall revise the site plan to meet these requirements. Access: Access to streets must comply with the standards listed in UDC 11-3A-3. Three public street accesses are proposed for this development; one via E. Overland Road and two on the west side of the development ( E. Copper Pointe Way and E. Pewter Falls Street) both local streets, as shown on the plat. In an effort to improve safety, the UDC (11-3A-3) limits access points to arterial streets by combining and/or limiting access points. In accord with this requirement, (and as proposed by the applicant), staff recommends there not be a direct connection to S. Cloverdale Road. There are some significant challenges with providing a direct access. Though staff has not yet received a staff report from ACHD, in an email they have indicated that they are not requiring a direct vehicular connection to Cloverdale Road. Though neither ACHD or City staff are requiring a vehicular connection to Cloverdale Road, the pedestrian connection to Cloverdale Road is essential for providing access to the elementary school on the west side of Cloverdale Road. According to the phasing plan submitted by the applicant, the tpedestrian connection would not happen until the sixth phase. Depending on the timing of that phase, there could be upwards of 400 homes in the development before the pedestrian connection is constructed. The applicant shall revise the phasing plan to include the pedestrian connection in the third phase of the development. Stub Streets: There are 2 existing stub streets to this site; one via E. Pewter Falls Drive constructed with Silverstone Business Park, and one via E. Copper Pointe Way constructed with Sutherland Farm Subdivision. These stub streets are being extended with the subject project. No other stub streets are proposed or required with this development. Traffic Impact Study (TIS): ACHD required a TIS for this development. Though staff is awaiting a staff report from ACHD regarding this application, staff has received an email from ACHD’s staff indicating that they do not have any concerns with the proposed road network. . Exhibit A Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 10 Landscaping: Street buffer landscaping is required to be provided as set forth in UDC Tables 11- 2A-6 and 11-2A-7 as discussed above under Dimensional Standards. Landscaping within the street buffers should be provided in accord with the standards listed in UDC 11-3B-7C. Pathways: The Pathways Master Plan depicts a regional pathway on this site along the south side of the Eight Mile Creek. The applicant proposes to provide the extension of the regional pathway as an amenity for the proposed subdivision. The 10-foot multi-use pathway must be paved and landscaped in accord with the standards set forth in UDC 11-3A-8 and UDC 11-3B-12. There is an existing multi-use pathway that was created with the Sutherland Farm Subdivision. This pathway currently dead ends on the eastern property line of that subdivision and was not continued eastward through the Muir Woods Subdivision (Boise City). In order to continue this pathway through to Cloverdale Road, staff feels that the applicant should construct an additional portion of 10-foot multi Use pathway that starts at the south east corner of the property and runs through the proposed subdivision and through the park located at Lot 1, Block 3 to connect with the proposed multi-use pathway on the south side of the Eight Mile Creek. Waterways: The Eight Mile Creek bisects the property. The Eight Mile Creek lies within a 60- foot wide Nampa Meridian Irrigation District easement. The 10-foot multi-use pathway will be installed within the easement, and the applicant should coordinate with the irrigation district on maintenance of the common lots. The UDC (11-3A-6) requires all irrigation ditches, laterals, canals and drains to be piped unless left open as a water amenity (as defined in UDC 11-1A-1) or linear open space. The City Council may waive this requirement for large capacity facilities. The applicant requests a waiver from Council to allow the Eight Mile Creek and Ridenbaugh to remain open due to their large capacities. The applicant proposes to provide a bridge over the Eight Mile Creek for a vehicle/pedestrian crossing. The applicant also proposes to construct a pedestrian bridge across the Ridenbaugh Canal to facilitate pedestrian connection with the proposed sidewalk along S. Cloverdale Road. As mentioned above. This pedestrian connection should happen with the third phase to facilitate a “safe routes to school” crossing for the children. Fencing: The landscape plan proposes a variety of fence heights and materials. All of the proposed fencing shall comply with the requirements of UDC section UDC 11-3A-7. Existing Trees: The applicant is responsible to mitigate all existing healthy trees 4-inch caliper or greater that are removed from the site with equal replacement of the total calipers lost on site up to an amount of 100% replacement in accord with UDC 11-3B-10. The applicant will need to contact the City Arborist if any trees are to be removed. Sidewalks: A detached sidewalk exists along E. Overland Road however, there is existing gravel in between the existing curb and the sidewalk that must to be removed and the area vegetated with the first phase of this development. A detached sidewalk shall be constructed along the entire frontage of S. Cloverdale Road with the applicable phase of development. Landscaping, Open Space and Amenities: The applicant is proposing 15.41 acres (15%) of open space for the development. The applicant is also proposing eight (8) amenities for the subdivision that include a clubhouse, a pool, two (2) separate play structure, a water feature, an outdoor fitness facility, a picnic area and two sections of a multi-use pathway. The applicant is also proposing pedestrian pathways throughout the development (See Exhibit A.4 below); several play fields and other non-qualified amenities. The proposed amenities appear to meet the requirements for common open space and site amenities set forth UDC 11-3G. The Village Cottages portion of the development is age restricted and will be for residents 55 years of Exhibit A Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 11 age and older. The clubhouse and open space provided for that portion of the project will be for the sole use of the residents within that gated portion. The residents who live within the gated portion of the development will however be able to use the open space and amenities in the overall development. Utilities: Street lighting is required to be installed within the development in accord with the City’s adopted standards, specifications and ordinances. All development is required to connect to the City water and sewer system unless otherwise approved by the City Engineer in accord with UDC 11-3A-21. Pressurized Irrigation: An underground pressurized irrigation system is required to be provided for the development in accord with UDC 11-3A-15 as proposed. Storm Drainage: An adequate storm drainage system is required in all developments in accord with the City’s adopted standards, specifications, and ordinances, per UDC 11-3A-18. Building Elevations: The applicant has submitted some conceptual sample building elevations for future homes in this development, included in Exhibit A.5 Building materials appear to consist of a mix of board and batten and horizontal lap siding and stone accents. The applicant has proposed three (3) distinct product types with the application One product type for the village cottages portiojn of the development, and two (2) other for both the R-15 and R-8 portion of the Movado portion of the project. Each product type uses similar materials, but varies in style. Staff is supportive of the proposed elevations. Because homes on lots that back up to S. Cloverdale Road will be highly visible, staff recommends the rear or sides of structures on lots that face the street incorporate articulation through changes in materials, color, modulation, and architectural elements horizontal and vertical) to break up monotonous wall planes and roof lines. In addition, the attached single-family homes will be subject to design review (see below.) Design Review (DES): A CZC and DES application is required to be submitted prior to issuance of building permits for the single family attached homes. With the submittal of the DES application, the applicant shall submit a master site plan that designates the design, color schemes and variations for each unit. The applicant must comply with the design standards listed in UDC 11-3A-19 and the guidelines contained in the Architectural Standards Manual. Staff recommends approval of the subject applications with the conditions listed in Exhibit B per the Findings in Exhibit D. X. EXHIBITS A. Drawings 1. Vicinity Map 2. Preliminary Plat (dated: 10/11/2016) 3. Landscape Plan (dated: 09/07/2016) 4. Pathways Plan 5. Conceptual Building Elevations 6. Conceptual Development Plan Approved with Silverstone Apartments 7. Pedestrian Pathways Plan B. Agency Comments/Conditions of Approval Exhibit A Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 12 1. Planning Division 2. Public Works Department 3. Fire Department 4. Police Department 5. Sanitary Service Company 6. Ada County Highway District 7. Parks Department C. Legal Description and Exhibit Map for Proposed Rezone D. Required Findings from Unified Development Code Exhibit A Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 13 Exhibit A.1: Vicinity Map Subject Property Exhibit A Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 14 Exhibit A.2: Preliminary Plat (dated: 10/11/2016) Exhibit A Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 15 Exhibit A Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 16 Exhibit A.3: Landscape Plan (dated: 09/07/2016) Exhibit A Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 17 Exhibit A Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 18 Exhibit A Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 19 Exhibit A Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 20 Exhibit A.4: Pathways Plan Exhibit A Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 21 Exhibit A.5: Conceptual Building Elevations Exhibit A Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 22 Exhibit A Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 23 Exhibit A Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 24 Exhibit A Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 25 Exhibit A.6 Conceptual Development Plan Approved with Silverstone Apartments Exhibit A Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 26 Exhibit A.7 Pedestrian Pathways Plan Exhibit A Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 27 B. Agency Comments/Conditions 1. PLANNING DEPARTMENT 1.1 Site Specific Conditions of Approval 1.1.1 A Development Agreement (DA) is required as a provision of annexation of this property. Prior to the annexation ordinance approval and the acceptance of a final plat application, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer. Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the City within six months of the City Council granting annexation. The DA shall, at minimum, incorporate the following provisions: a. Future development of this site shall be consistent with the preliminary plat, landscape plan and building elevations attached in Exhibit A and the revisions noted in the staff report. The 11.56 acres of land not included in the original application shall be included in the annexation and shall be included as part of the preliminary plat. Ten (10) days prior to the City Council hearing, the applicant shall provide a revised legal description that includes those 11.56 acres of land not shown in the original application. b. All existing structures on the property shall be removed prior to the City’s Engineer’s signature on the final plat. c. Applicant shall construct the pedestrian crossing over the Ridenbaugh Canal with Phase 5A as shown on Phasing Plan dated 09/07/2016. The applicant shall revise the phasing plan and construct the pedestrian crossing over the Ridenbaugh Canal with the third phase of development and shall submit the revised copy of the phasing plan to staff at least ten (10) days prior to City Council d. Two (2) of the common driveways included in the plat are also being used as emergency access for the fire department (Lots 71, 72 and 73 and Lots 48, 49 and 50, Block 2). These two (2) common driveways shall be striped and signed as “No Parking.” e. As part of the Silverstone Apartments application, the applicant was required to provide a secondary access to E. Pewter Falls Street. In order to ensure that this access point remains viable for both the future multi-family development and the age-restricted housing, the applicant shall make this section of road public. f. The applicant shall construct an additional portion of 10-foot multi use pathway starting from the southwest corner of the property where Copper Point Way connects to the property and travels west adjacent to lots 89, 87, 84 of Block 2; then traveling north along Rolling Hills Avenue where it will then cross East Pewter Falls Drive; and continuing north adjacent to lot 20 of Block 1 where it will connect with the Regional Pathway on the south side of Eight Mile (Five Mile) Creek. The applicant shall construct an additional portion of 10-foot multi Use pathway that starts at the south east corner of the property and runs through the proposed subdivision and through the park located at Lot 1, Block 3 to connect with the proposed multi-use pathway on the south side of the Eight Mile Creek. g. The applicant shall comply with the submitted home elevations attached in Exhibit A.5. The rear and/or side of structures that face E. Cloverdale Road (Lots 25-31, Block 2) shall Exhibit A Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 28 incorporate articulation through changes in two or more of the following: modulation (e.g. – projections, recesses, step-backs, pop-outs), bays, banding, porches, balconies, material types or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street. Single-story structures are exempt from this requirement. h. The applicant shall obtain a waiver from City Council to UDC 11-3A-6A in order for the Eight Mile Creek and Ridenbaugh Canal to remain open and not be piped due to the large capacity of their facilities. If a waiver is not obtained, the waterway is required to be piped. i. The 35 foot landscape buffer along W. Overland Road and the 20 foot landscape buffer along S. Movado Way must be constructed with the first phase of development. j. Construct the entire landscape buffer along W. Overland Road, including replacing the existing gravel with vegetation in accord with UDC 11-3B-7C; k. The applicant shall construct the entry gatehouse and monuments as proposed. 1.1.2 The preliminary plat, dated 10/11/2016, is approved with the following changes: a. With submission of the final plat application, the applicant must provide an exhibit that depicts the building envelope, setbacks and orientation of the lots and structures taking access to a common driveway. b. Provide a Lot and Block number for all private streets included on the preliminary plat. c. Per UDC 11-3F-4A.4, the proposed development shall have no more than fifty (50) dwelling units. Staff has made an interpretation that fifty (50) residential units will be allowed per gate. The applicant has proposed two (2) gates for “The Village Cottages”, so 100 units are allowed on the private street. At least (10) days prior to the City Council hearing, the plat shall be revised to meet this requirement. The applicant shall be allowed to have 105 units within “The Village Cottages” portion of the subdivision, rather than the 100 that would otherwise be allowed by section 11-3F-4A.4 of the UDC. d. The north/south segment of roadway along the west boundary that connects E. Pewter Falls Street and the Silverstone Apartments shall be constructed as a public street. e. The private road shall meet the requirements of UDC 11-3F-4 (see analysis above in section IX). f. The gate shall meet the requirements of UDC 11-3F-4 (see analysis above in section IX). g. A DES application is required to be submitted prior to issuance of building permits for the single-family attached homes. With the submittal of the DES application, the applicant shall submit a master site plan that designates the design, color schemes and modulation for each unit. The applicant must comply with the design standards in the Architectural Standards Manual. h. Direct lot access to S. Movado Way, S. Cloverdale Road, and W. Overland Road is prohibited. 1.1.3 The landscape plan included in Exhibit A.3, dated 09/07/2016, shall be revised as follows: a. The applicant shall construct an additional portion of 10-foot multi use pathway starting from the southwest corner of the property where Copper Point Way connects to the property and travels west adjacent to lots 89, 87, 84 of Block 2; then traveling north along Rolling Hills Avenue where it will then cross East Pewter Falls Drive; and continuing north adjacent to lot 20 of Block 1 where it will connect with the Regional Exhibit A Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 29 Pathway on the south side of Eight Mile (Five Mile) Creek. The Eight Mile Creek and Ridenbaugh Canal are required to be fenced with an open vision fence at least 6 feet in height and having an 11-guage, 2-inch mesh or other construction, equivalent in ability to deter access to the waterway in accord with UDC 11-3A-6B. b. If any of the existing trees on the site are proposed to be removed, the applicant should contact Elroy Huff, City Arborist, at 888-3579 to schedule an appointment to confirm mitigation requirements prior to removal of any trees on the site. Any existing trees proposed to be retained on-site should be noted on the plan. c. Landscaping is required adjacent to the multi-use pathway along the south side of the Eight Mile Creek in accord with the standards listed in UDC 11-3B-12C. If the Irrigation District will not allow landscaping within their easement, provide an additional 5 feet outside of the easement for landscaping. d. A 35 foot wide landscape buffer is required along E. Overland Road and a 25 foot wide landscape buffer is required along S. Cloverdale Road. The landscape buffers shall be constructed in accord with UDC 11-3B-7. e. A segment of the City’s multi-use pathway system is designated on the Master Pathways Plan on this site along the south side of the Eight Mile Creek. This segment of the pathway must be 10 feet wide and will be required to be paved in accord with UDC 11-3A-8 and landscaped in accord with UDC 11-3B-12. 1.1.4 The final plat shall substantially comply with the approved preliminary plat in accord with the requirements listed in UDC 11-6B-3C. 1.1.5 A minimum 5-foot wide detached sidewalk shall be constructed along Cloverdale Road where none exists with phase 5A of the development and to coordinate with Nampa- Meridian Irrigation District and ACHD relocation of the Ridenbaugh Canal and Cloverdale Road improvements. A minimum 5-foot wide detached sidewalk shall be constructed along Cloverdale Road where none exists with the third phase of this development. 1.1.6 The shall provide at a minimum 15.41 acres (15%) of open space for the development, eight (8) amenities for the subdivision that include a clubhouse, a pool, two (2) separate play structure, a water feature, an outdoor fitness facility, a picnic area and two sections of a multi-use pathway. The applicant is also proposing pedestrian pathways throughout the development (See Exhibit A.4 below); several play fields and other non-qualified amenities. The proposed amenities appear to meet the requirements for common open space and site amenities set forth UDC 11-3G. 1.1.7 The architecture single-family attached portion of the development shall tie in with that of the single-family detached residential portion of the development in accord with the guidelines listed in the Meridian Architectural Standards Manual. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the applicable district listed in UDC Chapter 2 District regulations. 1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets. 1.2.3 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.2.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A- 15, UDC 11-3B-6 and MCC 9-1-28. Exhibit A Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 30 1.2.5 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J. 1.2.6 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6 for single-family dwellings. 1.2.7 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B- 7C. 1.2.8 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to cul-de-sacs, common driveways, easements, blocks, street buffers, and mailbox placement. 1.2.9 Protect any existing trees on the subject property that are greater than four-inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B-10. 1.2.10 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.3 Ongoing Conditions of Approval 1.3.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14. 1.3.2 All common open space and site amenities shall be maintained by an owner's association as set forth in UDC 11-3G-3F1. 1.3.3 The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site. 1.3.4 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 1.3.5 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 1.3.6 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11- 3A-3. 1.4 Process Conditions of Approval 1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.4.2 The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11-5C-3B. A surety agreement may be accepted for other improvements in accord with UDC 11-5C-3C. 1.4.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11-6B-3C2. 1.4.4 The applicant shall obtain approval for all successive phases of the preliminary plat within two years of the signature of the City Engineer on the previous final plat as set forth in UDC 11-6B- 7B (if applicable). 1.4.5 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the City Engineer signature on a final plat within two years; or, 2) gain approval of a time extension as set forth in UDC 11-6B-7. Exhibit A Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 31 1.4.6 Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 2. PUBLIC WORKS DEPARTMENT 2.1 Site Specific Conditions of Approval 2.1.1 Increase the size of the water main in Movado Way to a 12-inch from Overland Road to Pewter Falls Drive. Increase the size of the water main in Copper Pointe Way to a 12-inch from the west subdivision boundary to Hill’s Place Avenue. Connect a water main from the Copper Point Way and Movado Avenue intersection through the common area to the Copper Pointe and Stolle Avenue intersection. Connect a water main through the private drive from the E. Pewter Falls and S. Hills Place Avenue intersection to the north subdivision boundary at the Silverstone Apartment project to the NW. 2.1.2 Applicant shall coordinate 24/7 access with the Meridian Public Works Department for the Village Cottages. This is critically important since this area will have gated private access. 2.2 General Conditions of Approval 2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water mains to and through this development. 2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to signature of the final plat by the City Engineer. 2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 9-2-28C1). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. Exhibit A Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 32 2.2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at 208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 2.2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.2.16 All grading of the site shall be performed in conformance with MCC 11-1-4B. 2.2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.2.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.2.21 Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer’s expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor’s Exhibit A Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 33 work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-221. 3. FIRE DEPARTMENT 3.1 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance with International Fire Code Section (IFC) 508.5.4 as follows: a. Fire hydrants shall have the 4 ½” outlet face the main street or parking lot drive aisle. b. Fire hydrants shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10’. f. Fire hydrants shall be placed 18” above finished grade to the center of the 4 ½” outlets. g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.2 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28’ inside and 48’ outside, per International Fire Code Section 503.2.4. 3.3 All common driveways shall be straight or have a turning radius of 28’ inside and 48’ outside and have a clear driving surface of 20’ in width capable of supporting an imposed weight of 75,000 GVW, per International Fire Code Section 503.2. 3.4 Provide signage (“No Parking Fire Lane”) for all fire lanes in accordance with International Fire Code Sections 503.4 & D103.6. 3.5 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. 3.6 Fire lanes, streets, and structures (including the canopy height of mature trees) shall have a vertical clearance of 13’6 as set forth in International Fire Code Section 503.2.1. 3.7 Operational fire hydrants, temporary or permanent street signs, and access roads with an all weather surface are required to be installed before combustible construction material is brought onto the site, as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2J. 3.8 All portions of the buildings located on this project must be within 150’ of a paved surface as measured around the perimeter of the building as set forth in International Fire Code Section Exhibit A Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 34 503.1.1. 3.9 Emergency response routes and fire lanes shall not be allowed to have traffic calming devices installed without prior approval of the Fire Code Official. National Fire Protection Standard 1141, Section A5.2.18. 4. POLICE DEPARTMENT 4.1 The Police Department has no concerns related to the site design submitted with the application. 5. REPUBLIC SERVICES 5.1 The applicant shall contact Bob Olson, Republic Services, at 208-345-1265 or rolson@republicservices.com to obtain approval of the dumpster locations on the single- family residential portion of the site. 6. PARKS DEPARTMENT 6.1 The Park’s Department has no comments on this application. 7. ADA COUNTY HIGHWAY DISTRICT (ACHD COMMENTS FORTHCOMING) 7.1.1 SITE SPECIFIC CONDITIONS OF APPROVAL 7.2.1 STANDARD CONDITIONS OF APPROVAL Exhibit A Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 35 C. Legal Description and Exhibit Map for Proposed Annexation and Zoning Exhibit A Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 36 Exhibit A Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 37 Exhibit A Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 38 Exhibit A Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 39 Exhibit A Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 40 Exhibit A Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 41 Exhibit A Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 42 Exhibit A Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 43 D. Required Findings from Unified Development Code 1. Annexation & Zoning Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; Council finds the proposed annexation with the R-8 and R-15 zoning districts is consistent with the proposed MDR future land use designation. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Council finds that the proposed map amendment to the R-8 and R-15 zoning districts is consistent with the purpose statement of the districts and the proposed uses will provide a needed service to area residents. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare if the applicant complies with conditions outlined in this report. However, Council considers any oral or written testimony that may be provided when determining this finding. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-5B-3.E). Per the above findings, Council finds the proposed annexation is in the best interest of the City if the applicant enters into a development agreement and complies with all recommended DA provisions in Exhibit B. 2. PRELIMINARY PLAT : 1. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; Council finds that the proposed plat with 430 building lots, 39 common lots and 9 other lots is in substantial compliance with the adopted Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more information . Exhibit A b. Public services are available or can be made available and are adequate to accommodate the proposed development; Council finds that public services will be provided to the subject property upon development. See Exhibit B of the Staff Report for more details from public service providers.) c. The plat is in conformance with scheduled public improvements in accord with the City’s capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, Council finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; Council relies upon comments from the public service providers (i.e., Police, Fire, ACHD, etc.) to determine this finding. (See Exhibit B for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and Council is not aware of any health, safety, or environmental problems associated with the platting of this property. ACHD considers road safety issues in their analysis. The Council considers any public testimony that may be presented when determining whether or not the proposed subdivision may cause health, safety or environmental problems of which Council is unaware. f. The development preserves significant natural, scenic or historic features. Council is unaware of any natural, scenic or historic features on this site. Therefore, Council finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. The Council referenced any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. 3. PRIVATE STREET : In order to approve the application, the director shall find the following: a. The design of the private street meets the requirements of this article; Council finds that that the design of the private street meets the requirements of the UDC . b. Granting approval of the private street would not cause damage, hazard, or nuisance, or other detriment to persons, property, or uses in the vicinity; and Council finds that the private street would not cause damage, hazard, or nuisance or other detriment to persons, property, or uses in the vicinity. c. The use and location of the private street shall not conflict with the comprehensive plan and/or the regional transportation plan. Council finds that the use and location of the private street will not conflict with the comprehensive plan or regional transportation plan. d. The proposed residential development (if applicable) is a mew or gated development. Council finds that the proposed development is a gated community. Exhibit A 4. ALTERNATIVE COMPLIANCE FINDINGS : In order to grant approval for alternative compliance, the director shall determine the following findings: 1. Strict adherence or application of the requirements is not feasible; OR 2. The alternative compliance provides an equal or superior means for meeting the requirements; and The Director finds the alternative compliance provides an equal means for meeting the City’s private street standards. The private street standards are set forth in UDC 11-3F. The applicant is requesting to allow a common driveway off of a private street, which the UDC specifically disallows, as well as to have 105 units on a gated private street rather than the 100 that is allowed per the UDC. With the blessing of the Fire Department, staff believes that the proposed development can accommodate the common driveways off of a private street. Staff does not feel, however, that increasing the number of homes on a gated private street provides an equal or meeting of the requirements of the UDC. 3. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of the surrounding properties. The Director finds that the proposed alternative for the common driveway off of a private street will not be detrimental to the public welfare or impair the use/character of the surrounding properties. The Director finds that the proposed 105 units inside a gated, private street will be detrimental to the public welfare and impair the use/character of the surrounding properties. Meridian City Council Meeting DATE: February 7, 2017 ITEM NUMBER: 5G PROJECT NUMBER: H-2016-0065 ITEM TITLE: Laurel's Townhouses Modified Development Agreement for Laurel's Townhouses (H-2016-0065) with Northside Management (Developer) and Corey Barton (Owner) located at 2116 S. Accolade Avenue in the northeast'/4 of Section 20, Township 3 North, Range 1 Easi 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 ADA COUNTY RECORDER Christopher D. Rich 2017-012606 BOISE IDAHO Pgs=6 LISA BATT 02/10/2017 09:45 AM CITY OF MERIDIAN, IDAHO NO FEE ADDENDUM TO THE DEVELOPMENT AGREEMENT PARTIES: 1, City of Meridian 2, Northside Management, Developer 3, Corey Barton, Owner This addendum is made and entered into this_ day of ruGry ;617_, 08, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called CITY, and Northside Management, whose address is 6810 Fairhill Place, Boise, Idaho 83714, hereinafter called DEVELOPER and Corey Barton, whose address is 1977 E. Overland Road, Meridian, Idaho 83642, hereinafter called OWNER, RECITALS A. CITY and OWNER and/or DEVELOPER entered into that certain DEVELOPMENT AGREEMENT (Instrument # 106141056) on the land described in Exhibit "A" ("Property") and the Addendum to Development (Instrument # 108022888), B. CITY and OWNER and/or DEVELOPER now desire to amend the Development Agreement in accordance with the terms in this Addendum, which terms have been approved by the Meridian Planning and Zoning Commission and the Meridian City Council in accordance with Idaho Code Section 67-6511A. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 1. OWNER and/or DEVELOPER shall be bound by the terms of the Development Agreement, except as specifically amended to add the following: SECTION 4. Uses permitted by this agreement: Delete Sections 43, 4,4 and 4.5 in their entirety. 4,6 The proposed townhomes shall be constructed to substantially conform to the elevations submitted with H-2016-0065 and comply with the design standards listed in the Architectural Standards Manual. 2. That Owner and/or Developer agrees to abide by all ordinances of the City of Meridian and the Property shall be subject to de -annexation of the Owner and/or Developer, or their assigns, heirs, or successor shall not meet the conditions of this addendum to the Development Agreement, and any now Ordinances of the City of Meridian as herein provided, ADDENDUM TO DEVELOPMENT AGREEMENT (LAUREL TOWNHOUSES H-2016.0065) PAGE 1 OF 4 3. This addendum shall be binding upon and insure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This second addendum shall be binding on the Owner and/or Developer of the Property, each subsequent owner and any other person(s) acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereon and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner and/or Developer, to execute appropriate and recordable evidence of termination of this addendum if City, in its sole and reasonable discretion, had determined that Owner and/or Developer have fully performed its obligations under this Addendum. 4. If any provision of this addendum is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this addendum and the invalidity thereof shall not affect any of the other provisions contained herein. 5. This addendum sets forth all promises, inducements, agreements, condition, and understandings between Owner and/or Developer and City relative to the subject matter herein, and there are no promises, agreements, conditions or under -standing, either oral or written, express or implied, between Owner and/or Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this second addendum shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. a. Except as herein provided, no condition governing the uses and/or conditions governing development of the subject Property herein provided for can be modified or amended within the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 6. This addendum shall be effective as of the date herein above written. ADDENDUM TO DEVELOPMENT AGREEMENT (LAUREL TOWNHOUSES H-2016-0065) PAGE 2 OF 4 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. DEVELOPER: NORTHSIDE MANAGEMENT By: Attest: C C.j6y Coles, Clerk CITY OF MERIDIAN B Mayor Tammy e Weerd %Nco ADDENDUM TO DEVELOPMENT AGREEMENT (LAUREL TOWNHOUSES H-2016-0065) PAGE 3 OF 4 STATE OF IDAHO ) ss: County of Ada, ) On this d q lay of n 1AA 2016; before me, the undersigned, a Notary Public in and for said Sta e, personally appeared Ori mfkK known or identified to me to be the ✓ GS i�. of Northside Management, and acknowledged to me that he executed the same. IN WITNESS WHE, XX,I Dave hereunto set my hand and affixed my official seal the day and year in this certificate first ab%v WE() t u (SEAL) Notary Public for Idaho Residing at: ry'igo , Z� My Com mission Expires., �N tanr STATE OF IDAHO . ss: County of Ada, JICO On this a� day of TAAvam , ZO+6, before me, the undersigned, a Notary Public in and for said State, personally appeared Corey Bartoil, known or identified to me to be the person who signed above and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written, 0tjw40V9100 41 (SEAL) v.', 0 N STATE OF IDAHOFoy b "ttt'so �-V Notary Public fo - Idaho Residing at; My Commission Expires: -- tD -,)�Y` County of Ada ) On this of "ntel' L/\1 , 2016, before me, a Notary Public, personally appeared Tammy de Weerd and C.Jay Coles, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. •�•q0,••••0,0 _'• (SEAL) : AY rir�j: Notary Public f Idaho p ; O t.► ; Residing at: a; ; Commission expires: C . ADDENDUM TO DEOTD]'Ir4Fhj'�]3ENT (LAUREL TOWNHOUSES H-2016-0065) PAGE 4 OF 4 •0( •� EXHIBIT A Legal Description and Exhibit Map for Rezone DESCRIPTION FOR RE -ZONE LAURELS TOWNHOUSES GRAMERCY SUBDNISION NO.1 A parcel of land located in Gramercy Subdivision No. 1 as filed in Book 99 of Plats at Pages 12,619 through 12,622, records of Ada County, Idaho, located in the SW 114. of the NE 114 of Section 20, T.3N., R.1 E., B.M., Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at the NE corner of Lot 1, Block 4 of said Gramercy Subdivision No. 1: Thence along the East boundary line of said Lot 1 and the Southerly extension thereof South 00°24'04" West, 223.00 feet to a point on the centerline of E, Blue Tick Street; Thence along said centerline North 89°35'56' West, 381.00 feet to a point on the centerline of S. Accolade Avenue; Thence along said centerline North 00°24'04" East, 198.00 feet; Thence continuing along said centerline 78.74 feet along the arc of a curve to the right having a radius of 50.00 feet and a central angle of 90°00'00", and a long chord of 70,71 feet and bears North 45024'04" East to a point on the centerline of E. Goldstone Street; Thence along said centerline South 89°3556" East, 281.00 feet; Thence leaving said centerline South 00'24'04` West, 25.00 feet to the REAL POINT OF BEGINNING. Containing 1.87 acres, more or less. Laurel Townhouses MDA, PP, 13Z H-2016-0065 EXHIBIT A SCALE: 1" = 50' CURVE TABLE _ _ N89'35'56"W 281_00 CHORD DIST. E. GOLDMSTONE 5T, DELTA Ci 1 50.00 1 78.54 70.71 14452,04-E 90.00'00' h REAL POINT Ir r OF BEGINNING f r GRAMERCY SUBDIVISION NO, 1 Lu or> BLOCK 4 a 04 �! rn w J of U IT cli oro 1.87 ACRES z�vi ( 1 r g E. BLUE TICK_ ST, civ _ N8935'56"W 331.00' r f r 25 too Q OsG 05 5o t50 g�4N SCALE: 1" = 50' CURVE TABLE CURVE RADIUS LENGTH CHORD DIST. CHORD BRG. DELTA Ci 1 50.00 1 78.54 70.71 14452,04-E 90.00'00' IDAHO ISAILVIATBRrO E113T W6RIAH SURVEY .42 GROUP, P.C. t2'm."" Lam[ Townhouses MDA, PP, RZ H-2016-0065 ' 7 729 Ox Q'Y G. C EXHIBIT DRAWING FOR RE—ZONE LAURELS TOWNHOUSES GRAMERCY SUBDIVISION NO. 1 Lochuo M THE sw 1/4 0P THE NE 1/4 OF SECTION 70, T.M., RJE., 9.u., WOMAN. ADA COUNTY, 10U110 Q ,6-095 8/4/2016 Meridian City Council Meeting DATE: February 7, 2017 ITEM NUMBER: 5H PROJECT NUMBER: H-2016-0136 ITEM TITLE: Final Plat for Laurel's Townhomes (H-2016-0136) by Scott Noriyuki, Northside Management Located 2116 S. Accolade Avenue 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: February 7, 2017 ITEM NUMBER: 51 PROJECT NUMBER: H-2016-0111 ITEM TITLE: Linder Road Apartments Development Agreement for Linder Road Apartments (H-2016-01 1 1) with S3 Investments, LP located at 1770 N. Linder Road, in the northwest 1/4 of Section 24, Township 3N, Range 1 West (Parcel#: S1224223550 MEETING NOTES �wtiVWII�I Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich 2017-012607 BOISE IDAHO Pgs=41 LISA BATT 02/10/2017 09:45 AM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. S 3 Investments, LP, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this % day of Feb n)Grl , 2017, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY whose address is 33 E. Broadway Avenue, Meridian, Idaho. 83642 and S 3 Investments, LP, whose address is 1937 S. Roosevelt, Boise, Idaho 83705, hereinafter called OVJWER/DEVELOPER. 1. RECITALS: 1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A', which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code § 67-6511 A provides that cities may, by ordinance, require or permit as a condition of zoning that the Owner/Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, Owner/Developer has submitted an application for the annexation of approximately 4.55 acres of land from the 1ZzUT zoning district in Ada County to the R-15 (Medium High Density Ihsidential) zoning district (as described in Exhibit "A!'), under the Unified Development Code, which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner/Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the Property will be developed and what improvements will be made; and DEVELOPMENT A➢REEMENT—UNDER ROAD APARTMENTS H-2016-0111 PAGE 1 OF 8 1.6 WHEREAS, the record of the proceedings for the requested preliminaiy plat on the Property held before the Planning & Zoning Commission, and subsequently before the City Council, includes responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment; and 1.7 WHEREAS, on the 6`h day of December, 2016, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit `B"; and 1.8 WHEREAS, the Findings require the Owner/Developer to enter into a Development Agreement before the City Council takes final action on final plat; and 1.9 WHEREAS, Owner/Developer deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property Owner and to ensure zoning designation are in accordance with the amended Comprehensive Plan of the City of Meridian on October 19, 2016, Resolution No. 16-1173, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to S 3 Investments, LP, whose address is 1937 S. Roosevelt Street, Boise, Idaho 83705, the party that is DEVELOPMENT AGREEMENT — LINDER ROAD APARTMENTs H-2016-0111 PAGE 2 OF 8 developing said Property and shall include any subsequent developer(s) of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit "A" describing the parcels to be re -zoned Medium High Density Residential (R- 15) and attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: a. Future development of the subject property shall be generally consistent with the site plan, landscape plan, building elevations and conditions contained in the Staff Report attached to the Findings of Fact and Conclusions of Law attached hereto as Exhibit `B" b. The existing home and associated outbuildings shall be removed from the site prior to issuance of any building permits C. A maximum of 63 residential dwelling units shall be constructed within this development as proposed. d. Future development shall comply with structure and design standards listed in UDC 11-3A-19 and the residential design standards contained in the Architectural Standards Manual (ASM). Variety is required to be provided within the development as set forth in the ASM (Goal R1.20). Windows are required as facades that face a pedestrian area or common area used for children's recreation to allow view of these areas in accord with the ASM (R4.3A). e. At a minimum, site amenities shall be provided for this development from each of the amenity categories as follows: 2 large open grassy play areas, a covered BBQ area, a tot lot with playground equipment, a sport court, bicycle maintenance station and segment of the City's multi -use pathway in accord with the standards listed in UDC 11-4-3-27D. 6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6) months after the date of the Findings for the annexation and zoning or it is null and void. DEVELOPMENT AGREEMENT - LINDER ROAD APARTMENTS H-2016-0111 PAGE 3 OF 8 7. DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. Either party's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 7.2 Notice and Cure Period. In the event of Owner/Developer's default of this Agreement, Owner/Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice as described in Section 7.2, Owner/Developer shall be deemed to have consented to modification of this Agreement and de -annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owner/Developer reserve all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either the City or Owner/Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 7.5 Waiver. A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City DEVELOPMENT AGREEMENT —CINDER ROAD APARTMENTs H-2016-0111 PAGE 4 OF 8 ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re -zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC, to insure the installation of required improvements, which the Owner/Developer agree to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City, or sufficient surety of performance is provided by Owner/Developer to the City in accordance with Paragraph 11 above. 13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY. - City Clerk City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 OWNER: Phoebe Gray 1770 S. Linder Road Meridian, ID 83642 With copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 DEVELOPER: S 3 Investments, LP 1937 S. Roosevelt Street Boise, ID 83705 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. DEVELOPMENT AGREEMENT — LINDER ROAD APARTMENTs H-2016-0111 PAGE 5 OF 8 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or Owner shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer have fully performed their obligations under this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. 20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re -zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the DEVELOPMENT AGREEMENT - LINDER ROAD APARTMENTS H-2016-0111 PAGE 6 OF 8 notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [end of text; signatures, aclaiowledgements, and Exhibits A and B follow] ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: S 3 investments, LP By: J CITY OF MERIDIAN By. May Ta y d cord wo ATTEST: /Z� - 9�/_' I �_ Way Co , City Clerk DEVELOPMENT AGREEMENT- LINDER ROAD APARTMENTS H-2016-01 I 1 PAGE 7 OF 8 STATE OF IDAHO ) ss: County of Ada, ) On this day of I 2017, before me, the undersigned, a Notary Public in and for said State, personally appeared _1.1,��ltt-�i2' , known or identified to me to be the b/ -t -x, ,, of 8-3 Investments, LP, and acknowledged to me that he executed the same on behalf of said Company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. STATE OF IDAHO ) : ss Notary'Public for Idaho Residing at: My Commission Expires: z�3t r County of Ada ) On this 7-6'day of bPl/tQ t/� / , 2017 before me, a Notary Public, personally appeared Tammy de Weerd and C.Jay Coles, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. rr0aINa& .• MAC .. (SEAL) j1T'N,•: ,tr 1 ■ 1 ���rrrirr• Notary Public for Idaho Residing at: 06� Commission expires: _a q r{ DEVELOPMENT AGREEMENT -LINDERROAD APARTMENTS H-2016-0111 PAGE 8 OF 8 EXHIBIT A Legal Description & Exhibit Map for Annexation & Zoning Boundary A.Mak Sawt:oot<h Land Surveying, LLC - �t GJ P-. (208) 395-5104 F: (208) 398-8105 2030 5. Washington Ave., 1 mmott, ID 53G] 7 EXHIBIT A Linder4 Plex Annexation Legal August 23, 2016 BASIS OF BEARINGS for this description Is South 0015'18" West, between the brass cap marking the northwest corner of Section 24 and the 5/8" rebar marking the W11/4 comer of Section 24, both in T. 3 N., R. 1 W., B.M., Ada County, Idaho. A parcel of land located in the NW1/4 of the NW114 of Section 24, T. 3 N., R. 1 W., B.M., Ada County, Idaho, more particularly described as follows; COMMENCING at a brass cap marking the northwest comer of said Section 24; Thence South 01115'18" West, coincident with the west line of said NW1/4 of the NW1/4 of Section 24, a distance of 400.00 feet to the POINT OF BEGINNING; Thence South 89059'42° East, 628.26 feet; Thence South 0000'18" West, 454.47 feet; Thence North 65122'10" West, 227.77 feet; Thence North 69043'10" West, 277.88 feet; Thence North 53008'10" West, 170.28 feet to the easterly right of way of S. Linder Road; Thence North 90°00'00" West, 25.00 feet to said west line of the NW114 of the NW1/4 of Section 24; Thence North 0'15'18" East, coincident with said west line of the NW1/4 of the NW114 of Section 24, a distance of 161.13 feet to the POINT OF BEGINNING. Thence above described parcel contains 4.55 acres more or less. End Description PA2016k16160-CMG LINDER 4-PLEX\SurveykDrawin �s�tionsk16160-ANNEXATION LEGAL.docx Faye 11 2$ 124 a EXHIBIT A EXHIBIT B SECTION 24, T. 3 N., R. 9 W., B.M. ASSAtl °7p PROJECT. 0VYNb aDtvtcurtn. 2030 S. WASHINGTON AVE. CMG EMMETT, 10 83617 LINDER 4 PLE.Y P: 08 398-8104 ANNEXATION — T F: (2461398-6105 MERIDIAN, IDAHO DATE: 6/2016 WWW.SAWTOOTHLS.COA NTS DWG# lsrso-Ex PROJECTV 16160 SHEET 1 OF -1 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2016-0111 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for Annexation and Zoning of 4.55 Acres of Land with an R-15 Zoning District; and Conditional Use Permit for a Multi-Family Development Consisting of 63 Dwelling Units in an R-15 Zoning District on 4.35 Acres of Land, by S 3 Investments, LP. Case No(s). H-2016-0111 For the City Council Hearing Date of: November 15, 2016 (Findings on December 6, 2016) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of November 15, 2016, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of November 15, 2016, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of November 15, 2016, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of November 15, 2016, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the “Local Land Use Planning Act of 1975,” codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Community Development Department, the Public Works Department and any affected party requesting notice. EXHIBIT B CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2016-0111 - 2 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of November 15, 2016, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council’s authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant’s request for Annexation & Zoning and Conditional Use Permit is hereby approved per the conditions of approval in the Staff Report for the hearing date of November 15, 2016, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of two (2) years unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting, the final plat must be signed by the City Engineer within this two (2) year period. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-5B-6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) two (2) year period. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the conditional use comply with the current provisions of Meridian City Code Title 11(UDC 11-5B-6F). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six (6) months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six (6) month approval period. E. Notice of Final Action and Right to Regulatory Takings Analysis CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2016-0111 - 3 - 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of November 15, 2016 By action of the City Council at its regular meeting held on the 2016. COUNCIL PRESIDENT KEITH BIRD COUNCIL VICE PRESIDENT JOE BORTON COUNCIL MEMBER ANNE LITTLE ROBERTS COUNCIL MEMBER TY PALMER COUNCIL MEMBER LUKE CAVENER COUNCIL MEMBER GENESIS MIL,AM MAYOR TAMMY de WEERD TIE BREAKER) Mayor Ta W GUSTr, P4 19UAttest: w CAy Coles. City Clerk day of De , ; VOTED f VOTED VOTED k VOTED VOTED VOTED VOTED Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: f Dated City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2016-0111 - 4 - EXHIBIT A Linder Road Apartments –AZ, CUP H-2016-0111 PAGE 1 STAFF REPORT Hearing Date: November 15, 2016 TO: Mayor & City Council FROM: Sonya Watters, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Linder Road Apartments – AZ, CUP (H-2016-0111) I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, S 3 Investments, LP, has submitted an application for Annexation and Zoning (AZ) of 4.55 acres of land with an R-15 zoning district; and Conditional Use Permit (CUP) for a multi-family development consisting of 63 dwelling units in an R-15 zoning district on 4.35 acres of land. See Section IX of the staff report for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed AZ and CUP applications in accord with the conditions of approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian Planning & Zoning Commission heard these items on October 20, 2016. At the public hearing, the Commission moved to recommend approval of the subject AZ and CUP requests. a. Summary of Commission Public Hearing: i. In favor: Kent Brown, Applicant’s Representative ii. In opposition: None iii. Commenting: None iv. Written testimony: Kent Brown, Applicant’s Representative - in agreement with staff report v. Staff presenting application: Sonya Allen vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. None c. Key Issues of Discussion by Commission: i. In favor of the proposed use and density. d. Commission Change(s) to Staff Recommendation: i. None e. Outstanding Issue(s) for City Council: i. None The Meridian City Council heard these items on November 15, 2016. At the public hearing, the Council approved the subject AZ and CUP requests. a. Summary of City Council Public Hearing: i. In favor: Kent Brown, Applicant’s Representative i. In opposition: None ii. Commenting: None iii. Written testimony: Kent Brown, Applicant’s Representative (in agreement with staff report) iv. Staff presenting application: Sonya Allen EXHIBIT A Linder Road Apartments –AZ, CUP H-2016-0111 PAGE 2 v. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. None c. Key Issues of Discussion by Council: i. None d. Key Council Changes to Staff/Commission Recommendation i. None III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2016- 0111, as presented in the staff report for the hearing date of November 15, 2016, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2016-0111, as presented during the hearing on November 15, 2016, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2016-0111 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located at 1770 N. Linder Road, in the northwest ¼ of Section 24, Township 3 North, Range 1 West. (Parcel #: S1224223550) B. Owner(s): Phoebe S. Gray 1770 S. Linder Road Meridian, ID 83642 C. Applicant: S 3 Investments, LP 1937 S. Roosevelt St. Boise, ID 83705 D. Representative: Kent Brown, Kent Brown Planning Services 3161 E. Springwood Drive Meridian, Idaho 83642 E. Applicant’s Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for annexation & zoning and conditional use permit. A public hearing is required before the Planning & Zoning Commission and City Council on these applications, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: October 3 and 17, 2016 (Commission); October 24 and November 7, 2016 (City Council) EXHIBIT A Linder Road Apartments –AZ, CUP H-2016-0111 PAGE 3 C. Radius notices mailed to properties within 300 feet on: September 23, 2016 (Commission); October 21, 2016 (City Council) D. Applicant posted notice on site(s) on: October 7, 2016 (Commission); November 4, 2016 (City Council) VI. LAND USE A. Existing Land Use(s) and Zoning: This site consists of rural residential property with an existing home, zoned RUT in Ada County. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Vacant/undeveloped property, zoned RUT in Ada County 2. East: Rural residential and indoor/outdoor entertainment (Idaho Party Barn), zoned R-8 3. South: Single-family residential homes in the development process (Fall Creek Subdivision), zoned R-8 4. West: S. Linder Road and future commercial uses, zoned C-C C. History of Previous Actions: None D. Utilities: 1. Public Works: a. Location of sewer: A sanitary sewer main intended to provide service to the subject site currently exists in S. Linder Road. b. Location of water: A water main intended to provide service to the subject site currently exists in S. Linder Road. c. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: A concrete irrigation ditch runs off-site along the southern boundary of this site. Another ditch runs along the north boundary of the site and appears to be off-site. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: This site is not located in the Meridian Floodplain Overlay District. VII. COMPREHENSIVE PLAN POLICIES AND GOALS The subject property is designated Medium Density Residential (MDR) on the Future Land Use Map FLUM) contained in the Comprehensive Plan. MDR designated areas allow smaller lots for residential purposes within City limits. Uses may include single-family homes at gross densities of 3 to 8 dwelling units per acre (d.u./acre). The applicant proposes a multi-family development on this 4.35 acre site. Sixteen (16) 4-plex structures are proposed consisting of a total of 63 dwelling units (and a management office) at a gross density of 14.71 units per acre. Because the proposed density exceeds that desired in MDR designated areas of 3 to 8 units per acre, the applicant requests Council consideration of a “step up” in density without an amendment to the future land use map as allowed in the Comprehensive Plan (pg. 21). The next “step up” in density is Medium High Density Residential (MHDR) which allows for the development of a mix of relatively dense residential housing types including townhouses, EXHIBIT A Linder Road Apartments –AZ, CUP H-2016-0111 PAGE 4 condominiums and apartments. Residential gross densities should range from 8 to 15 units per acre, with a target density of 12 units per acre. These are relatively compact areas within the context of larger neighborhoods and are typically located around or near mixed use commercial or employment areas to provide convenient access to services and jobs for residents. Developments need to incorporate high quality architectural design and materials and thoughtful site design to ensure quality of place and should also incorporate connectivity with adjacent uses and area pathways, attractive landscaping and individual project identity. The proposed apartments are consistent with the type of use desired in MHDR designated areas as is the proposed R-15 zoning, density, and mixed use commercial and mixed employment future land use designations of property in the nearby vicinity. The proposed residential units should provide housing options in close proximity to these future uses; and the future uses should provide services for these residents. Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property (staff analysis in italics): Support a variety of residential categories (low-, medium-, medium-high and high-density single-family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities.” (3.07.01E) The proposed MHDR development will contribute to the variety of residential categories that currently exist in this area (i.e. low and medium density). Staff is unaware of how affordable” the units will be. Provide housing options close to employment and shopping centers.” (3.07.02D) Because of its location in close proximity to future mixed use commercial and employment centers, this property is ideal for providing higher density housing options. Locate high-density development, where possible, near open space corridors or other permanent major open space and park facilities, Old Town, and near major access thoroughfares.” (3.07.02N) The proposed MHDR development is located in close proximity to major access thoroughfares (i.e. S. Linder Road, W. Overland Road, and I-84). A segment of the City’s regional pathway system is also designated along the frontage of this site adjacent to N. Linder Road. A City Park is also located approximately a half mile away to the east along Stoddard Road in Bear Creek Subdivision. Protect existing residential properties from incompatible land use development on adjacent parcels.” (3.06.01F) The only existing adjacent residential property is to the east where the Idaho Party Barn is also located. Staff feels the proposed use should be compatible with those uses. Develop pathways to connect Meridian with Boise, Nampa, Kuna and Eagle.” (6.01.02C) The City’s multi-use pathway system, a segment of which is proposed along the frontage of this site on Linder Road, will eventually connect Meridian with adjacent cities. Require all new and reconstructed parking lots to provide landscaping in internal islands and along streets.” (2.01.04B) Landscaping is proposed within planter islands in the parking areas on this site as shown on the landscape plan attached in Exhibit A.3. EXHIBIT A Linder Road Apartments –AZ, CUP H-2016-0111 PAGE 5 Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City.” (3.01.01F) This property is contiguous to land that has already been annexed into the City. Urban services can be provided to this property upon development. Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of the community pathway system.” (3.03.03B) No pathways are proposed to adjacent properties from this development. A segment of the City’s multi-use pathway system runs along the frontage of this site on Linder Road which will promote neighborhood connectivity. Staff recommends a pathway connection is stubbed to the north and east boundaries for future pedestrian interconnectivity. Consider the adopted COMPASS regional long-range transportation plan in all land-use decisions.” (3.03.02G) COMPASS has submitted comments on this application that suggest adding a pathway (as proposed and designated in the Pathways Master Plan) and bike lanes along Linder Road. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zoning District: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian comprehensive plan. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range (UDC 11-2A-1). The medium high-density residential (R-15) district allows a maximum gross density of 15 dwelling units per acre. B. Schedule of Use: UDC Table 11-2A-2 lists the principal permitted (P), accessory (A), conditional C), and prohibited (-) uses in the proposed R-15 zoning district. Any use not explicitly listed is prohibited. A multi-family development is listed as a conditional use in the R-15 district. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Table 11-2A-7 for the R-15 district. D. Landscaping: Landscaping is required within parking areas in accordance with the standards listed in UDC 11-3B-8C; within street buffers in accord with UDC 11-3B-7C; and within common areas and along street-facing elevations in accord with UDC 11-3G-3 and 11-4-3-27F. E. Off-Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for multi- family dwellings. F. Structure and Site Design Standards: The proposed multi-family development must comply with the design standards in accord with UDC 11-3A-19 and the Architectural Standards Manual. IX. ANALYSIS Analysis of Facts Leading to Staff Recommendation: A. Annexation & Zoning (AZ): The applicant proposes to annex & zone 4.55 acres of land with an R-15 zoning district consistent with the requested “step up” in density to MHDR. The proposed density of 14.71 units per acre is consistent with that allowed in the R-15 district. The applicant has submitted a site plan, included in Exhibit A.2, that depicts (16) 4-plex structures with a total of 63 dwelling units and 1 management office. These structures are proposed to be located on one parcel. EXHIBIT A Linder Road Apartments –AZ, CUP H-2016-0111 PAGE 6 The legal description submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be annexed and zoned. The property is contiguous to land that has been annexed into the City and is within the Area of City Impact boundary. The City may require a development agreement (DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. In order to ensure the site develops as proposed and recommended by staff with this application, staff recommends a DA is required as a provision of annexation with the provisions included in Exhibit B. B. Conditional Use Permit (CUP): A CUP is requested for a multi-family development in the proposed R-15 zoning district as required by UDC Table 11-2A-2. The proposed multi-family development consists of a total of 63 dwelling units (plus 1 unit for a property management office) in (16) 4-plex structures on 4.35 acres of land. All of the units are proposed to be 2-bedroom units. The project is proposed to develop at one time and not be phased. Specific Use Standards: The specific use standards for multi-family developments listed in UDC 11-4-3-27 apply to development of this site as follows: (Staff’s comments in italics) A minimum of 80 square feet (s.f.) of private useable open space is required to be provided for each unit. Floor plans were not submitted with this application; however, the applicant states patios and balconies will be provided for each unit in accord with this requirement. Floor plans should be submitted with the Certificate of Zoning Compliance application that demonstrates compliance with this requirement. Developments with 20 units or more shall provide a property management office, a maintenance storage area, a central mailbox location with provisions for parcel mail that provides safe pedestrian and/or vehicular access and a directory map of the development at an entrance or convenient location for those entering the development. The applicant’s narrative states that one of the units will house a property management office which will also be used for maintenance storage. The site plan submitted with the Certificate of Zoning Compliance application should depict all of the aforementioned items. At a minimum, 250 s.f. of common open space is required for each unit containing more than 500 s.f. and up to 1,200 s.f. of living area. All of the proposed units are between 500 and 1,200 square feet; therefore, a minimum of 15,750 square feet (or 0.36 of an acre) of common open space is required for this development based on 63 units. A total of 1.99 acres (or 44.6%) of qualified open space is proposed in accord with this requirement. For multi-family developments between 20 and 75 units, 3 site amenities are required to be provided, one from each category as listed in UDC 11-4-3-27D. The applicant proposes two (2) large open grassy play areas, a covered BBQ area, a tot lot with playground equipment, a sport court, bicycle maintenance station and segment of the City’s multi-use pathway. These amenities fall within the quality of life, open space and recreation categories as required. Landscaping is required to comply with UDC 11-4-3-27-F. All street facing elevations shall have landscaping along their foundation as follows: the landscaped area shall be at least 3-feet wide and have an evergreen shrub with a minimum mature height of 24 inches for every 3 linear feet of foundation. The remainder of the area shall be landscaped with ground cover plants. The landscape plan depicts landscaping along the EXHIBIT A Linder Road Apartments –AZ, CUP H-2016-0111 PAGE 7 foundations of all of the structures, including those that face N. Linder Road; however, the type of plantings need to comply with the aforementioned requirement. The development is required to record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including, but not limited to, structures, parking, common areas, and other development features. The applicant should submit documentation of compliance with this requirement prior to issuance of the first Certificate of Occupancy. Access: Access for the site is proposed via S. Linder Road; no other stub streets are proposed to adjacent properties and no stub streets exist to this site. Because the properties to the north and east are designated MDR on the FLUM; staff does not recommend driveways are stubbed to those properties for future extension. ACHD is requiring access for the site to be limited to a right-in/right-out via S. Linder Road and 23 additional feet of right-of-way (for a total of 48 feet from centerline) to be dedicated to expand Linder Road. This change will require a modification to the site and landscape plans to accommodate the additional width and relocation of the street buffer and pathway. Because the eastern north/south drive aisle is over 150 feet in length, the Fire Department is requiring an emergency turn around to be provided at the south end of the drive aisle in accord with IFC requirements (see Condition #4.3 in Exhibit B). Parking: For multi-family developments, off-street parking is required in accord with the standards listed in UDC Table 11-3C-6, which requires 2 parking spaces per dwelling unit with at least one of those in a covered carport or garage. For non-residential uses such as the management office, one off-street parking space per 500 square feet (s.f.) of gross floor area is required. Based on (63) 2-bedroom units, a minimum of 126 parking spaces are required, 63 of which are required to be covered. The site plan depicts a total of 130 spaces, 65 of which are covered by carports. The management office consists of 950 s.f. which requires one space. The overall number of required spaces is 127; the proposed number is 130 in accord with UDC standards. Some parking spaces will likely be removed with the addition of an emergency turnaround; without extra spaces for guests to park, staff is concerned guests may park in the turnaround area. No parking signs or striping should indicate parking in this area is not allowed. A minimum of one bicycle parking space for every 25 proposed vehicle spaces or portion thereof is required to be provided on the site per UDC 11-3C-6G. The applicant proposes a total of 6 bicycle racks each containing 5 spaces, interspersed throughout the development. The plans submitted with the Certificate of Zoning Compliance application should include a detail of the bicycle racks that comply with the standards listed in UDC 11-3C-5C. Landscaping: Parking lot landscaping is required to be provided in accord with the standards listed in UDC 11-3B-8C. A buffer to adjoining land uses is not required. A 25-foot wide street buffer is required to be provided along S. Linder Road, an arterial street per UDC Table 11-2A-8, and must be landscaped in accord with the standards listed in UDC 11-3B-7C. Mitigation: There are existing trees on this site. The applicant is required to comply with the mitigation standards listed in UDC 11-3B-10C.5 for any existing trees 4-inch caliper or greater that are removed from the site. Contact Elroy Huff, City Arborist (208-371-1755), prior to removal of any existing trees from the site to determine mitigation requirements. Pathway: A 10-foot wide multi-use detached pathway is required along S. Linder Road in accord with the Pathways Master Plan. No pathways are proposed to adjacent properties. EXHIBIT A Linder Road Apartments –AZ, CUP H-2016-0111 PAGE 8 Staff recommends pathway stubs are provided to the north and east boundaries of the site for future pedestrian interconnectivity. Trash Enclosure: Two (2) trash enclosures are proposed on the site; both should accommodate recycling. Coordinate with Bob Olson, Republic Services (208-345-1265) on the location and design of the trash enclosures prior to submittal of the Certificate of Zoning Compliance application. Building Elevations: Two types of multi-family structures are proposed within the development as shown in Exhibit A.4. Building material consist of a mix of horizontal and vertical siding with stone veneer accents. The two building types appear to be identical except that they have different roof forms. Variety in the architectural character of the structures and design should be provided as set forth in the Architectural Standards Manual (ASM). Windows are required on all elevations that face pathways and areas used for children’s recreation to allow views of these areas. Certificate of Zoning Compliance: The applicant is required to obtain approval of a Certificate of Zoning Compliance application for establishment of the new use and to ensure all site improvements comply with the provisions of the UDC and the conditions in this report prior to construction, in accord with UDC 11-5B-1. Design Review: The applicant is required to submit an application for Design Review concurrent with the Certificate of Zoning Compliance application in accord with UDC 11-5B-8. The site and building design is required to be generally consistent with the elevations and site plan submitted with this application and the standards listed in UDC 11-3A-19 and the City of Meridian Architectural Standards Manual. In summary, Staff recommends approval of the proposed AZ and CUP applications with the development agreement provisions and conditions included in Exhibit B of this report in accord with the findings contained in Exhibit D if Council determines a “step” up in density from MDR to MHDR is appropriate for this site. X. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Proposed Site Plan (dated: 9/9/16) 3. Proposed Landscape Plan (dated: 9/9/16) – NOT APPROVED 4. Proposed Building Elevations & Renderings B. Agency & Department Comments C. Legal Description & Exhibit Map for Annexation & Zoning Boundary D. Required Findings from Unified Development Code EXHIBIT A Exhibit A Page 1 A. Drawings/Other Exhibit A.1: Zoning/Aerial Map EXHIBIT A 2 - Exhibit A.2: Proposed Site Plan (dated: 9/9/16) EXHIBIT A 3 - Exhibit A.3: Proposed Landscape Plan (dated: 9/9/2016) – NOT APPROVED EXHIBIT A 4 - EXHIBIT A 5 - Exhibit A.4: Proposed Building Elevations & Renderings EXHIBIT A 6 - EXHIBIT A 7 - B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS 1. PLANNING DEPARTMENT 1.1.1 A Development Agreement (DA) is required as a provision of annexation of this property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer. Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six (6) months of the City Council granting annexation. The DA shall, at minimum, incorporate the following provisions: a. Future development of the subject property shall be generally consistent with the site plan, landscape plan, building elevations and conditions contained herein. b. The existing home and associated outbuildings shall be removed from the site prior to issuance of any building permits. c. A maximum of 63 residential dwelling units shall be constructed within this development as proposed. d. Future development shall comply with the structure and design standards listed in UDC 11- 3A-19 and the residential design standards contained in the Architectural Standards Manual ASM). Variety is required to be provided within the development as set forth in the ASM Goal R1.20). Windows are required on facades that face a pedestrian area or common area used for children’s recreation to allow view of these areas in accord with the ASM (R4.3A). e. At a minimum, site amenities shall be provided for this development from each of the amenity categories as follows: 2 large open grassy play areas, a covered BBQ area, a tot lot with playground equipment, a sport court, bicycle maintenance station and segment of the City’s multi-use pathway in accord with the standards listed in UDC 11-4-3-27D. 1.1.2 The developer shall comply with the specific use standards for multi-family developments listed in UDC 11-4-3-27, including but not limited to the following: a. The applicant shall record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including, but not limited to, structures, parking, common areas, and other development features, per UDC 11-4-3-27G. A recorded copy shall be submitted to the City prior to issuance of Certificate of Occupancy for the first structure within the development. b. Submit floor plans for the units that demonstrate compliance with UDC 11-4-3-27B.3 which requires a minimum of 80 square feet (s.f.) of private useable open space to be provided for each unit. 1.1.3 The site plan included in Exhibit A.2, dated 9/9/16, shall be modified as follows: a. Depict a property management office, a maintenance storage area, a central mailbox location with provisions for parcel mail that provides safe pedestrian and/or vehicular access and a directory map of the development at an entrance or convenient location for those entering the development in accord with UDC 11-4-3-27B.7. c. Depict the additional right-of-way (totaling 48 feet from centerline) as required by ACHD to widen Linder Road. Shift the 25-foot wide street buffer and 10-foot wide multi-use pathway to the east accordingly. d. Depict an emergency turnaround as required by the Fire Department at the southeast corner of the site in accord with IFC standards per condition #4.3 below. EXHIBIT A 8 - e. Depict minimum 5-foot wide pathway stubs to the north and east property boundaries with 5 feet of landscaping on either side. 1.1.4 The landscape plan included in Exhibit A.4, dated 9/9/16, shall be revised as follows: a. Depict additional right-of-way (totaling 48 feet from centerline) as required by ACHD to widen Linder Road. Shift the 25-foot wide street buffer and 10-foot wide multi-use pathway to the east accordingly. b. Depict an emergency turnaround as required by the Fire Department at the southeast corner of the site in accord with IFC standards per condition #4.3 below. c. Depict minimum 5-foot wide pathway stubs to the north and east property boundaries with 5 feet of landscaping on either side in accord with the standards listed in UDC 11-3B-12C. d. All street facing elevations along S. Linder Road shall have landscaping along their foundation as follows: the landscaped area shall be at least 3-feet wide and have an evergreen shrub with a minimum mature height of 24 inches for every 3 linear feet of foundation. 1.1.5 “No parking” signs or striping should indicate parking in the emergency turn around area is not allowed. 1.1.6 All fencing shall comply with the standards listed in UDC 11-3A-6 and 11-3A-7. 1.1.7 All storm drainage areas included in the qualified open space calculations shall comply with the standards listed in UDC 11-3B-11, Stormwater Integration. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the applicable district listed in UDC Chapter 2 District regulations. 1.2.2 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.2.3 Install lighting consistent with the provisions as set forth in UDC 11-3A-11. 1.2.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A- 15, UDC 11-3B-6 and MCC 9-1-28. 1.2.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.2.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J. 1.2.7 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3B-5I, 11-3B-8C, and Chapter 3 Article C. 1.2.8 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B- 7C (streets). 1.2.9 Protect any existing trees on the subject property that are greater than four-inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B-10. 1.2.10 Provide bicycle parking spaces as set forth in UDC 11-3C-6G consistent with the design standards as set forth in UDC 11-3C-5C. 1.2.11 Comply with the outdoor service and equipment area standards as set forth in UDC 11-3A-12. 1.2.12 Construct all required landscape areas used for storm water integration consistent with the standards as set forth in UDC 11-3B-11C. EXHIBIT A 9 - 1.2.13 Comply with the structure and site design standards, as set forth in UDC 11-3A-19 and the standards contained in the Architectural Standards Manual. 1.2.14 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.2.15 Low pressure sodium lighting shall be prohibited as an exterior lighting source on the site. 1.2.16 All fencing constructed on the site shall comply with the standards as set forth in UDC 11-3A-7 and 11-3A-6B as applicable. 1.3 Ongoing Conditions of Approval 1.3.1 The conditional use may only be transferred or modified consistent with the provisions as set forth in UDC 11-5B-6G. The applicant shall contact Planning Division staff regarding any proposed modification and/or transfer of ownership. 1.3.2 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 1.4 Process Conditions of Approval 1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.4.2 The conditional use approval shall be null and void if the applicant fails to 1) commence the use within two years as set forth in UDC 11-5B-6F1 or 2) gain approval of a time extension as set forth in UDC 11-5B-6F4. 1.4.3 The applicant shall submit and obtain approval of a Certificate of Zoning Compliance and Design Review application from the Planning Division, prior to submittal of any building permit application. 2. PUBLIC WORKS DEPARTMENT 2.1 Site Specific Conditions of Approval 2.1.1 A street light plan will need to be included in the final plat application. Street light plan requirements are listed in section 6-7 of the City's Design Standards. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.1.2 Applicant shall minimize dead end water mains, and shall install fire hydrants at dead ends in lieu of blow-offs. 2.1.3 Applicant shall dedicate 20-foot wide water main easements from the north end of the north-south main to the subdivision boundary, and from the south end of the north-south main to the east subdivision boundary. These easement are intended to provide for future loop extensions into adjacent parcels at the time development occurs. 2.1.4 Applicant shall be required to abandon the existing water main stub that is north of the proposed connection point on S. Linder Road per Meridian Public Works Department Standards. 2.1.5 The timing for the issuance of building permits shall be after the satisfactory completion of the following pre-requisite items: a. The domestic water system shall be installed, tested, and activated so that fire hydrants are available during construction. b. The sanitary sewer system shall be installed and tested. EXHIBIT A 10 - c. At a minimum, a compacted gravel road base shall be in place that will support the weight of a fire apparatus (75,000 lbs). d. At a minimum, temporary street signs will need to be in place. 2.2 General Conditions of Approval 2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to signature of the final plat by the City Engineer. 2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 9-2-28C1). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at 208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway EXHIBIT A 11 - District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 2.2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.2.16 All grading of the site shall be performed in conformance with MCC 11-1-4B. 2.2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.2.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.2.21 Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer’s expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. EXHIBIT A 12 - 2.2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-221. 3. POLICE DEPARTMENT 3.1 The Police Department has no comments on this application. 4. FIRE DEPARTMENT 4.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 4.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance with International Fire Code Section (IFC) 508.5.4 as follows: a. Fire hydrants shall have the 4 ½” outlet face the main street or parking lot drive aisle. b. Fire hydrants shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10’. f. Fire hydrants shall be placed 18” above finished grade to the center of the 4 ½” outlets. g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 4.3 In accordance with International Fire Code Section 503.2.5 and Appendix D, any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. 4.4 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28’ inside and 48’ outside, per International Fire Code Section 503.2.4. 4.5 Private Alleys and Fire Lanes shall have a 20’ wide improved surface capable of supporting an imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 4.6 Provide signage (“No Parking Fire Lane”) for all fire lanes in accordance with International Fire Code Sections 503.4 & D103.6. 4.7 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. 4.8 Fire lanes, streets, and structures (including the canopy height of mature trees) shall have a vertical clearance of 13’6 as set forth in International Fire Code Section 503.2.1. 4.9 Operational fire hydrants, temporary or permanent street signs, and access roads with an all-weather surface are required to be installed before combustible construction material is brought onto the site, as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2J. 4.10 Maintain a separation of 5’ from the building to the dumpster enclosure as set forth in International Fire Code Section 304.3.3. EXHIBIT A 13 - 4.11 Provide a Knox box entry system for the complex prior to occupancy as set forth in International Fire Code Section 506. 4.12 The first digit of the Apartment/Office Suite shall correspond to the floor level as set forth in International Fire Code Section 505.1. 4.13 The applicant shall work with Public Works and Planning Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance and is placed in a position that is plainly legible and visible from the street or road fronting the property, as set forth in International Fire Code Section 505.1. 4.14 All portions of the buildings located on this project must be within 150’ of a paved surface as measured around the perimeter of the building as set forth in International Fire Code Section 503.1.1. 4.15 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official as set forth in International Fire Code Section 507.5.1. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 4.16 All R-2 occupancies with 3 or more units shall be required to be fire sprinkled as set forth in International Fire Code Section 903.2.8. 4.17 Emergency response routes and fire lanes shall not be allowed to have traffic calming devices installed without prior approval of the Fire Code Official. National Fire Protection Standard 1141, Section A5.2.18. 5. REPUBLIC SERVICES 5.1 Coordinate with Bob Olson, Republic Services (208-345-1265) on the location and design of the trash enclosure(s) that includes recycling prior to submittal of the Certificate of Zoning Compliance application. 6. PARKS DEPARTMENT 6.1 The applicant is required to comply with the mitigation standards listed in UDC 11-3B-10C.5 for any existing trees 4-inch caliper or greater that are removed from the site. Contact Elroy Huff, City Arborist (208-371-1755), prior to removal of any existing trees from the site to determine mitigation requirements. 6.2 Construct a 10-foot wide detached multi-use pathway along the frontage of this site on N. Linder Road in accord with the Pathways Master Plan. EXHIBIT A 14 - 6.3 Submit a 14-foot wide easement for the multi-use pathway along Linder Road; coordinate the details of the easement with Jay Gibbons, Pathways Project Manager, 208-888-3579. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Site Specific Conditions of Approval 7.1.1 Dedicate additional 23-feet of right-of-way to total 48-feet of right-of-way from centerline of Linder Road abutting the site. 7.1.2 Construct a detached 5-foot wide concrete sidewalk located minimum 42-feet from centerline of Linder Road abutting the site. 7.1.3 Provide the District with a permanent right-of-way easement for any sidewalk located outside of the right-of-way. 7.1.4 Widen the pavement to minimum 17-feet from centerline, plus a 3-foot wide gravel shoulder along Linder Road abutting the entire site. 7.1.5 Construct a 25-foot wide curb return driveway and raised 6-inch median to restrict to right- in/right-out, located 418-feet south of Overland Drive and 196-feet north of Spanish Sun Way, onto Linder Road from the site. 7.1.6 Pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of the roadway from Linder Road. 7.1.7 Payment of impacts fees are due prior to issuance of a building permit. 7.1.8 Comply with all Standard Conditions of Approval. 7.2 Standard Conditions of Approval 7.2.1 All proposed irrigation facilities shall be located outside of the ACHD right-of-way including all easements). Any existing irrigation facilities shall be relocated outside of the ACHD right-of-way (including all easements). 7.2.2 Private Utilities including sewer or water systems are prohibited from being located within the ACHD right-of-way. 7.2.3 In accordance with District policy, 7203.3, the applicant may be required to update any existing non-compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant’s engineer should provide documentation of ADA compliance to District Development Review staff for review. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 A license agreement and compliance with the District’s Tree Planter policy is required for all landscaping proposed within ACHD right-of-way or easement areas. 7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall EXHIBIT A 15 - contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District’s Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.10 Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant’s authorized representative and an authorized representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 7.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a waiver/variance of the requirements or other legal relief is granted by the ACHD Commission. EXHIBIT A 16 - Exhibit C: Legal Description & Exhibit Map for Annexation & Zoning Boundary EXHIBIT A 17 - EXHIBIT A 18 - D. Required Findings from Unified Development Code 1. ANNEXATION & ZONING: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The City Council finds that the proposed map amendment to R-15 is consistent with the Comprehensive Plan with approval of a “step up” in density from MDR to MHDR. (See section VII above for more information.) b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds that the proposed map amendment to the R-15 zoning district is consistent with the purpose statement of the residential districts as detailed in Section VIII above. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. City utilities will be extended at the expense of the applicant. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The City Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-5B-3.E). The City Council finds the proposed annexation of this property is in the best interest of the City with approval of a step up in density from MDR to MHDR if the applicant develops the site in accord with the conditions listed in Exhibit B as discussed above in Section VII. 2. CONDITIONAL USE PERMIT: The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following, and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish: a. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The City Council finds that the site is large enough to accommodate the proposed use and meet the dimensional and development regulations of the R-15 zoning district and the specific use standards for multi-family developments. EXHIBIT A 19 - b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The City Council finds that the proposed multi-family residential use will be harmonious with the Comprehensive Plan if Council determines a “step” up in density is appropriate for this site. The proposed use is in accord with UDC requirements. c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The City Council finds that the general design, construction, operation and maintenance of the multi-family use will be compatible with existing residential and commercial uses in the vicinity and with the existing and intended character of the area and will not adversely change the character of the area. d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The City Council finds that the proposed development should not adversely affect other property in the vicinity if the applicant complies with all conditions of approval listed in Exhibit B of this staff report and constructs all improvements and operates the use in accordance with the UDC standards. e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. The City Council finds that sanitary sewer, domestic water and irrigation can be made available to the subject property. Please refer to comments prepared by the Public Works Department, Fire Department, Police Department and other agencies. f. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. The City Council finds that the applicant will pay to extend the sanitary sewer and water mains into the site. No additional capital facility costs are expected from the City. The applicant and/or future property owners will be required to pay impact fees. g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. The City Council finds that the proposed development should not involve activities that will create nuisances that would be detrimental to the general welfare of the surrounding area. The City Council recognizes the fact that traffic and noise will increase with the approval of this development; however, whenever undeveloped property is developed, the amount of traffic generation does increase. h. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. The City Council finds that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major importance. Meridian City Council Meeting DATE: February 7, 2017 ITEM NUMBER: 5J PROJECT NUMBER: H-2017-0002 ITEM TITLE: Baraya Subdivision No. 2 Final Plat for Baraya Subdivision No. 2 (H-2017-0002) by Schultz Development, LLC Located 3935 W. Franklin Road 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: February 7, 2017 ITEM TITLE: Shallow Creek ITEM NUMBER: 5K PROJECT NUMBER: H-2017-0003 Final Plat Modification for Shallow Creek (H-2017-0003) by A Team Land Consultants Located Southeast Corner of S. Locust Grove Road and E. Franklin Road 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: February 7, 2017 ITEM NUMBER: 5L PROJECT NUMBER: ITEM TITLE: Spurwing Corporation Olivetree at Spurwing Sanitary Sewer Easement between the City of Meridian and Spurwing Corporation MEETING NOTES 9 APPROVER 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 2017-012609 BOISE IDAHO Pgs=5 LISA BATT 02/10/2017 09:46 AM CITY OF MERIDIAN, IDAHO NO FEE SANITARY SEWER EASEMENT THIS INDENTURE, made this day of, F6 r d g -Y , 2017, between Spurwing Corporation, an Idaho corporation and General Partner of Spurwing Limited Partnership, an Idaho limited liability company, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the panty of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain and service 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 for the operation and maintenance of a sewer line over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of a sanitary sewer line and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the flee right of access to such facilities at any and all times, TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance, 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, Olivetree at Spurwing Sewer Main Easement REV. 08/15/16 THE GRANTORS hereby covenant and agree with the Grantee that, should any part of the right-of-way and easement hereby granted become part of, or lie within the boundaries of, any public street, then, to such extent such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: SPURWING CORPORATION, General Partner of Spurwing Limited Partnership Jo , resident 1406 N. Main Street, Suite 205 Meridian, Idaho 83642 Address STATE OF IDAHO ) ss County of Ada ) On this I {1, day ofo 2017, before me, the undersigned, a Notary Public in and for said State, personally appeared John W. Hewitt, known or identified to me to be the President of Spurwing Corporation General Partner of Spurwing Limited Partnership, the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. ',�aaa�aauaagMq �••` yBE�SC) TARTUBLIC FOR IDAHO M •'N / 1 & 1o41 f ' 1 �T ` (%111 -L (� Residing at: f� I^tdr'^ c Commission Expires: 05"/2t PUBLIC yto��aa Olivetree at Snuar"WO ewer Main Easement REV. 08/15/16 GRANTEE: CITY OF MERIDIAN cl", 'vc\ Tammy de W , Mayor rREASUREJP���� Atte by C. Yay oles, City Cleric Approved By City Council On: L -1Z 7z --�9(z STATE OF IDAHO ) ss County of Ada ) On this day of"rLAA , 201 before me, the undersigned, allotary Public in and for said State, personally appeared TAMMY DE WEERD and C. JAY COLES, known to me to be the Mayor and City Cleric, 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. p'• (SEAL'* --'M`Q da'c� I ELI4AdL NOTARY PUBIC FOR IDAHO Residing at: (' nje s{ W -el -�-- ip Commission Expires: Olivetree at Spurwing Sewer Main Easement REV. 08/15/16 N 00°20'40" E 11/7-/1^ 3 21.11'--X POINT BEGINNINI NG w 0 I -,4- N c) O 04 0 z 242,d"1\23 27 26 a z.� ZI� SCALE 1 "=100' DR'G.DATE 03/02/16 bkb PROJ. NO. 130621 SHEET" 1 OF 1 130621—SSEASE.Dk%'G SANITARY SEWER EASEMENT 7,882 SF +/- 47 A 0. CURVE TABLE CURVE LENGTH RADIUS DELTA CHORD BRG CHORD C1 37.77 75.00 28'51'15" S 75'57'18" E 37.37 W. CHINDEN BLVD. (SH 20/26))—��--23 1/4 S 89'11'32" E 2627,62' BASIS OF BEARING MERIDIAN CITY SANITARY SEWER EASEMENT PROPOSED OLIVETREE AT SPURWING SUBDIVISION LOCATED IN THE SW 1/4 OF SECTION 23, T.4N., R.1W„ B.M. MERIDIAN, ADA COUNTY, IDAHO ENGINEERING SOLUTIONS. 1029 N. ROSARIO STREET, SUITE 100 MERIDIAN, IDAHO 83642 Phone (208) 938-0980 Fox (208) 938-0941 EXHIBIT B March 2, 2016 MERIDIAN CITY SANITARY SEWER EASEMENT PROPOSED OLIVETREE AT SPURWING SUBDIVISION An easement located in the SW 1/4 of Section 23, TAN., R.1 W., B.M., Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the southwest corner of said Section 23, from which the South 11/4 comer of said section bears South 89°11'32" East, 2627.62 feet; thence along the west boundary of said SW '/4 of Section 23 North 00°20'40" East, 235.24 feet to the Point of Beginning; Thence continuing along said west boundary North 00°20'40" East, 21.11 feet; Thence North 71'41'25" East, 377.90 feet to a point on a curve; Thence 37.77 feet along the arc of a non -tangent curve to the left, said curve having a radius of 75.00 feet, a delta angle of 28°51' 15", and a long chord bearing South 75'57'18" East, 37.37 feet; Thence South 71'41'25" West, 416.22 feet to the Point of Beginning. Said easement covering 7,882 SF, more or less. ° GT A. 130621-ssease.doc Meridian City Council Meeting DATE: February 7, 2017 ITEM NUMBER: 5M PROJECT NUMBER: ITEM TITLE: Black Cat trunk at Meridian and Victory Contract for an Easement and Sanitary Sewer Easement from Redtail Communities for Black Cat trunk at Meridian and Victory MEETING NOTES 9 Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich 2017-012619 BOISE IDAHO Pgs=9 LISA BATT 02/10/2017 10:03 AM CITY OF MERIDIAN, IDAHO NO FEE SAW,A,RY, SE'4 bR. EASEMENT T141S INDENTURE, made this z day of re6 rt)64., 201.'1 between Red Tail Communities, LLC; hereinafter called the GRANTORS; and the City of Meridian, Ada. County, Idaho, hereinafter Called the GRANTEE; WITNESSETH: WHEREAS, the GRANTEE desires to provide a sanitary sewer right -of way across the, premises and property hereinafter particularly bounded and. described; and WHEREAS, the sanitary sewer is to be provided for an underground pipeline to be constructed by the GRANTEE; and WHEREAS, it will, be necessary to maintain, service -and subsequently connect to said pipeline from tin!e to time, by the GRANTEE; NOW., TIVREFOR13, in consideration of the beueftts to be received by the GRANTOi{.$, 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 aeras the following described property: (LEGAL -EX XI. ITS. -13 and:A-1.2,) The easement hereby granted is for the purpose of construction and operation of a severer 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 I7 AVE. 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, and as material consideration to the GRANTOR hereunder, that after constructing the sewer main or making repairs, performing maintenance, replacements or subsequent connections. ("Work") to the sanitary sewer line, GRANTEE shall without cost to the GRANTOR restore the area of the easement and adjacent property and any improvements thereon to that existent prior to such Work. However, GRANTEE shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement and adj acent property that was placed there in violation of this easement. Except in the case of emergency necessitating immediate access, GRANTEE shall. notify GRANTOR in writing at least ten (10) days prior to arty access which will require removal of any improvements, which GRANTEE believes, are in violation of this easement. Sewer Main Easement Rev. 1-2& 17 THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures or trees within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein other than landscaping such as shrubs, flowers, and the existing sound wall. . THE GRANTORS hereby covenant and agree with the GRANTEE that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, or public pathway then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. This permanent access is identified and described as the permanent access easement. If the GRANTORS utilization of the lands change, the GRANTOR hereby reserves the right to relocate the Easement upon the GRANTOR's property upon thirty days' prior written notice to GRANTEE. The parties then agree to execute, deliver and record an amendment to this document to evidence any such relocation. The GRANTORS recognize the GRANTEE's need for occasional and emergency maintenance activities to the sewer and associated allied facilities. In the event stored items encumber the GRANTEES access to the sanitary sewer and sewer manholes the GRANTOR shall promptly move said items to allow full utilization to the GRANTEE' S of the permanent easement. THE GRANTORS do hereby covenant with the GRANTEE that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. Sewer Main Easement Rev.] -26-17 GRANTOR: RED TAIL COMMUNITIES; LLC; a Delaware limited liability company Je f Moore, Managing Partner Address: 3940 South Bonito Way, Meridian Idaho 83642 STATE OF IDAHO ) : ss. County of Ada ) On this d day of IWMW , 2017, before me, the undersigned, a Notary Public in and for said State, personall appeared Jeff Moore, known or identified to me to be the Managing Partner of the limited liability company that executed the within instrument, and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first abR 1W1ft%,.. ldz�U Y' (SEAL) NoTARy �MTARY PUBLIC FOR IDAHO • residing at: P,�) t V o1 cQ 6 kh PUBLIC ��ZCommission Expires: GRANTEE: CITY OF MERI'LrI'i�'RiKi 0"" Approved By City Council On: d/-,17 Server Main Easement Rev, 1-26-17 STATE OF IDAHO, ) : ss County of Ada ) On this day f oFeb, U� -�" _, _ Y., 24 ,before me, the undersigned, a Notary Public in and for said State, personally, appeared Tammy de Weerd and C.J. Coles, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Aka ahLI Le 07 - NOTARY PUS C FOR IDw�4Q Residing at: If Commission Expires: Server Main Easement RevA-26-17 •�• Aka ahLI Le 07 - NOTARY PUS C FOR IDw�4Q Residing at: If Commission Expires: Server Main Easement RevA-26-17 ('JUBJ® .J J•U•13 ENGINEERS, INC. 3-U-3 CONTPA MES � . LAPEI ! MAPPPl1400 TRDUP 0 131Nc. EXHIBIT A-1' 1 Sanitary Sewer Easement Red Wing Boundary Description Project Number 10-15-116 December 14, 2016 An easement in Lot 1 of Block 1 of Red Wing Subdivision (Book 105 of Plats at Pages 14405 through 14409, records of Ada County, Idaho) situated in the northwest quarter of Section 30, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, and being more particularly described as follows: Commencing at the northwest corner of Section 30, Township 3 North, Range 1 East, Boise Meridian; Thence 553'33'59"E, 129.79 feet along a random line to an angle point between Lots 1 & 2 of Block 1 of Red Wing Subdivision, the POINT OF BEGINNING: Thence S00"25'49"W, 20.00 feet along boundary between Lots 1 & 2; Thence N89"34'11"W, 15.00 feet to east boundary of the existing sewer easement, Instrument No.113074697, records of Ada County, Idaho; Thence N0o°25'49"E, 27.42 feet along the existing sewer easement, Instrument No. 113074697 to the existing sewer easement, Instrument No. 107154127, records of Ada County, Idaho; Thence S89°59'56"E, 32.86 feet along the existing sewer easement, Instrument No. 107154127 to the boundary between Lots 1 & 2; Thence S67°11'27"W, 19.44 feet along the boundary between Lots 1 & 2 to the POINT OF BEGINNING. The above-described easement contains 479 square feet, more or less. Prepared from information of record. Page 1 of 1 a 250 S. Beechwood Avenue, Suite 201, Boise, ID 83709 p 208-376-7330 t 208-323-9336 w wwwJubxon'i Sewer Main Easement Rev. 1-26-17 Exhibit A-1.2 24 19 IFI Corner w +Section 30 25 h, ` \ 0 10 20 z z \ \ \ SCALE IN FEET a \ Existing Sewer Easement X29 j3s9 T i 10' 17886 _ _- 9 • \F c \ ' n Existing 5e'rr?r 4 Easement m \ 111+07154127 \ 32.86' 56 i= I _ S67'1 1'27"W 19.44' NDO'25'49"E Point of Beginning 27.42' f f Sanitary Sewer Easement t i I 500'25'49"W 20.00' ! Sanitary Sewer Easement F N89'34'11"W E 1 Existing Sewer Easement / ,9113074697 I L Lot 2 Block 1 Red Wire SubIdivision I � Lot 1 Block i Red Win Sub&visicn ,f LANA t i e [ fG [ � I ' �icy'��L DF S. ! i PIY3i�n [•e•1••9C�fLC1 PSxPS EDWG Meridian Black Cat Trunk SHEET �uawew.�.a,_ o„"flcusco n =«w<r o",w,ieyn r_ ]� City of Meridian NiY.9R1 i¢4O0.J4CfJIC tsnryKi' a(yyt�SSP3i C£'�!18Y SA ` M M cMEcx O^ The NW 114 of Section 30, T3N., R.1 E., B.M.. 1 of 1 FU•6 ENGikFERS, INC, City of Meridian, Ada County, Idaho lq AS'AS!O'10ESCPYiOti PY afl f1,1F=Z�,YY:.,IEIt'Sx��•. Sewer Main Easement Rev. 1-26-17 City of Meridian 33 East Idaho Street, Meridian, ID 83642 CONTRACT FOR AN EASEMENT project# and Description: 10-15-116, City of Meridian, Black Cat Trunk Sewer Parcel 4 and Owner: R7366930020, at 121 E. Victory Road, Red Tail Communities LLC. THIS EASEMENT CONTRACT, made this 7 day of February 2017 between the City of Meridian, acting by its Mayor and Council, herein called "CITY" and Red Tail Communities LLC, herein called "GRANTORS". WHEREAS, subject to the terms outlined below, GRANTORS agrees to deliver to the CITY a Permanent Sanitary Sewer Easement attached hereto and incorporated herein NOW THEREFORE, the parties hereto agree as follows: 1. CITY CONSIDERATION: CITY agrees to the following in consideration for the GRANTORS agreement to provide the easements requested herein. A. The CITY agrees to restore the Easement Area to conditions preexistent to construction and relocate and replant existing trees. B. As part of this Project, City intends to perform work in the existing easement, Instrument Number 113074697. As part of the restoration work in easement 113074697, CITY will relocate and or replace existing trees to a location nearest the existing sound wall. If existing trees are replaced by the CITY, the replacement trees will be of similar species and caliper. C. As part of this Project, City intends to perform work in the existing easements, Instrument Numbers 107154127 and 110 117886. As part of the work in said easements, CITY intends to install a permanent easement access to the existing manhole using permeable pavers or landscaping grid. Affected landscaping will be modified to accommodate the proposed improvements as shown on Exhibit 1 attached hereto. The restoration of the landscaping beds will be in general intent with the existing plantings and the original landscaping plan. 2. GRANTORS CONSIDERATION: The GRANTOR shall execute the Easement Agreement attached hereto. 3. GENERAL CONDITIONS: A. This Contract shall not be binding unless and until executed by the Mayor and/or their authorized representatives. The parties have herein set out the whole of their agreement, the performance of which constitutes the entire consideration for the granting of said easement. B, The parties whose names appear below as Grantors, covenant and warrant that they are the OWNERS of the property to which this document applies, are fully authorized to execute this document and forever bind themselves, their successors and assigns and the subject property to the terms set forth herein. 2/2/17 Page 1 of 3 CITY OF MERIDIAN By Tammy de eer , Mayor Date: a/ 7 ;�2 1'7 ATTEST: — /A�� -,�— City 61erlc Date approved by Council: Of j0 q rho � L GRANTORS B Jeff W. Moore, Manager Date: ?- _ Z - 0 ( 7 2/2/1,7 Page 2 of 3 m N l ecccezesozXgd OEEL'9LC'902 ouavld b660 -60L 'a�i�9 01 aIlnS 'any pooµgaea9'S 092 ' -- aNl'Sj33NIJN3 8 m Fi 1 NVId if10AV71VN3N39 SSE)OW1N3W3SV3b3M3S1N3NVWL3d b 9 x e -3 �? _ � � x w CO e Xft a may' � p' M NHIOIFJ3W 30 ulO I I �Arwrl I N a � m Fi 1 °gi p IN } 1S � � yauiCNK a $r w 3 X51 I I �Arwrl I Fi 1 3 "8Z IN } 1S � .2 z $r w 3 X51 I I I I i I 1 I I I 11 n I [ �w I I 1 551^ v > o I I I 1 l 1 1 FS;EI �L eEN 1 3 f 1 f ( E11 s € Q I -5� I 1 � I I ill � I V IFI I I 1 I I ti x jll 1 q`� /5 1 11 I I !EI 1 � I I I I 115 111 � I 1 5 I I I 7 1 1 1 5w I i 11 1 if EII I , iiS w I u r� 1 1 / iSE I Ali I U / I I -T---r------� ;'T---;--- I s - yas I f IIF � Ij E E1, 1 Z 1 t F I I �Arwrl I - _ 0 �E Om ----------- —_—_--_--- - •-------.. _..._..__----- ---_ 3�2~ 30F 30A 3cA 30F -_ ------------- -_�� -'---�--- - GVMJ NVICMI2 N } } 1 / I I } / 1} =an "8Z IN } 1S � .2 z $r w 3 - _ 0 �E Om ----------- —_—_--_--- - •-------.. _..._..__----- ---_ 3�2~ 30F 30A 3cA 30F -_ ------------- -_�� -'---�--- - GVMJ NVICMI2 N } } 1 / I I } / Meridian City Council Meeting DATE: February 7, 2017 ITEM NUMBER: 5N PROJECT NUMBER: ITEM TITLE: Budget Amendment for FY2017 Budget Amendment for FY2017 Grant Carryforward for a Not -to -Exceed Amount of $445,422 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 �t z H Q W '� LL C C) C C a) E Q N m i5 0 r O N }- Lu L c c w ro L 3 C� LU a G E O _ 0 \ 7Q LL U o O it 1, N an o O O o o 0 O 0 O 0 O 0 O Ln N Ln O uri O o ' Ln Ln o 0 N w C V rk oN u c u ue ° � o o Ln w? o Qj° v w � w c p� LT Ll L1 i/? 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Fund Dept G/L Project Expenditures Revenues 20 1840 85000 6003 $ 60,527.04 20 1840 33100 6003 $ 60,527.04 20 5200 93405 6003.64 $ 75,395.00 20 5200 33105 6003.64 $ 75,395.00 20 1840 85000 6003.66 $ 19,500.00 20 1840 33100 6003.66 $ 191500.00 20 1840 85000 6003.70 $ 30,000.00 20 1840 33100 6003.70 $ 30,000.00 20 1840 85000 6003.72 $ 40,000.00 20 1840 33100 6003.72 $ 40,000.00 20 1840 85000 6003.73 $ 5,000.00 20 1840 33100 6003.73 $ 5,000.00 20 1840 85000 6003.74 $ 65,000.00 20 1840 33100 6003.74 $ 65,000.00 20 1860 54000 6003.75 $ 150,000.00 20 1860 33100 6003.75 $ 150,000.00 $ 445,422.04 $ 445,422.04 Row Labels— Sum of Expenditure Sum of Revenues 6003 6003.64 6003.66 6003.70 6003.72 6003.73 6003.74 $60,527.04 $75,395.00 $19,500.00 $30,000.00 $40,000.00 $5,000.00 $65,000.00 $60,527.04 $75,395.00 $19,500.00 $30,000.00 $40,000.00 $5,000.00 $65,000.00 i 1/17/2017 8:38 AM F:\BUDGET\FY2017\FY2017 Budget - Grant Carryfoward Meridian City Council Meeting DATE: February 7, 2017 ITEM NUMBER: 50 PROJECT NUMBER: ITEM TITLE: Budget Amendment for FY2017 Budget Amendment for FY2017 Annual Carryforward for a Not -to -Exceed Amount of $14,219,586 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 It z H W LL W O A 1 `OLu / Lv L (B 7 wi °1 0 G E , O LL o U " .Q a h V} V} V} r' Vl [n In (n r V} VT V} V} In V} w c 0' 3 Qj -0i `o D O � � � NQj V z z a o 3 ° a 2 V 7 f6 3 A Q 7 n 0 v 7 .3 a a v � 0 s a t E r > .3 v o o w o v a c ,Q 4a ° u ° '8 oo 7 7 7 c 7 v `- _ < 7 7 s ai 7 N Cv E E 7 7 7 0 N 3LL N LL d N v UJ O hq y i u y v O ov S-10 o v s a i0. w E LnbB Q' `m C n ,c G U G G � O E O m a -i N p V) o O N .-i N E N 0 N 0 N 0 N 0 a` ci a -I rl a o ^ z z E C OQ) N N d v } LL E E +-+ a-+ 2 2 a O L V} V} V} r' Vl [n In (n r V} VT V} V} In V} N 0' 3 Qj -0i `o D O � � � NQj V z z a o 3 ° a 2 V 7 f6 3 Q 7 e E c 3 s .y u v d .3 a a v � 0 s a t E r > .3 v o o w o v a c ,Q 4a ° u ° '8 oo 7 7 7 c 7 o `- _ < 7 7 N ai 7 N Cv E E 7 7 7 0 N N V) N w C3E o .� o a N O hq c Q u w O 10> E S-10 G cth 7 a- w LU° 4 a m y G C G G G O to O :t a -i N m V) O N O N .-i N O m N 0 N 0 N 0 N 0 ri ci a -I rl N N N N 2 2 2 2 O L V} Uq V} V} V} r' Vl [n In (n r V} VT lf} 0 w A 0' 3 Qj -0i `o D O � 0 a c a � z z z a o 3 ° a 2 fl 3 °vaoc�svw°a .3 e E c 3 s .y u v d .3 a a v � 0 s a t .3 r > .3 v o o w o v a c ,Q 4a ° u ° '8 / [� 7 7 7 v v a 'o 7 7 `- 7 7 7 S, v v a° o ° o o, E a '° 'o °+ 7 7 7 7 7 7 7 7 7 7 7 7 7 C3E o .� o a 7 1 c al G cth LU° 4 a m y V} Uq V} V} V} V* Vl [n In (n V} V} VT lf} 0 w u Q .3 .3 .tJ .w .3 .3 .3 .3 .3 .3 .3 .3 .3 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 l Q v `� .\ 1 V} e li c c CJ 7 Q v ,u a + 0 Vt N 7 a c v CL x LU bn c Y c f6 O d y a Q - O u N 0 p �J I. -, b N, N, J LD r' a) Cr w oc a) m V E a) Q Q L 2 :E 7 H C CL 7 7 7 7 7 7 Q- 7 7 7 O A U 4t 7 75 7 cu C 7 7 Li yct LL U � J I -@ bj = E rE cu 4� N Et E >- LL O CLCU ai c N E N E a) 0) 0 CN LL 6 > 0 _0 -0 ru U ai O (1) (U 4-1 co _0 75 U a) 7c bio 0 a) 2 O co W (U 0 LU 8, = co ai 00 cd co 0 Z (U ,CZ4 "A 0 I> (U wlf lm "a :3 0 u 0 fa .2 u 41 -0 a) m as a) CL 4� as ai U O CL a) E 0 4 - bo ai CL o 4CI: LLio� 76- u ai 0 u CJ 4i 'n Qj > CL CL Z3 LL C 0 a) ip a) O a) -0 cl- E 41 2 Ln 0 ILI- u 0 a) cn ami o 41 C:0 0 E 0 ro 0- 0 o E CL . 2 CL a) 4- O 0 U r - m L N f6 CL C) :3 U Ln LL wlf lm "a M O 0 a) O C: U- > 2 41 LL 0 CL CL t �E U � O 0 ih M 0 cr zs 0E A' -E fu (22 0 LL LU 44 0 0 F- 0 na 10M > 'o cl: N E m 0 C baD -0 oj -VQ Q. 0 (U ro t"I 42 M E 0o>, 0 Ln j =s . 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M M C W CL a CL aj oj 0 0) 0) aj m , Fund Department GL Proj Title Carryforward Adj CF 12/15/2016 Change Type FundName 01 1840 55181 MAPS Traffic Box Wraps $ 8,051.00 $ 6,304.00 $ (1,747.00) Operating General 01 1840 94403 Capital Sign Arts - MAPS $ 96,038.75 $ 36,155.00 $ (59,883.75) Capital General 01 1840 94403 10514 Capital Sign Arts - Monument Signs $ 45,000.00 $ 44,355.00 $ (645.00) Capital General 01 1840 52710 7001 Youth Farmers Market $ 20,000.00 $ 7,039.00 $ (12,961.00) Operating General 01 1850 92401 Sidewalk Improvement $ 27,207.87 $ 27,207.87 $ - Capital General 55 1850 96001 1322 CIP Municipal Center $ 422,140.47 $ 404,096.45 $ (18,044.02) Capital Capital 01 1860 54000 10369 Equipment $ 29,000.00 $ 29,000.00 $ - Operating General 01 1860 54000 Equipment $ - $ 52,000.00 $ 52,000.00 Operating General 01 1900 55000 Professional Services - Fields District $ 34,000.00 $ 34,000.00 $ - Operating General 01 1910 55000 Professional Services - Fields District $ 15,000.00 $ 15,000.00 $ - Operating General 01 1940 94310 10662 Capital Software-Accela - Electronic L $ 31,602.00 $ 31,602.00 $ Capital General 01 2110 92020 10663 Building Improvements $ 44,200.00 $ 36,425.00 $ (7,775.00) Capital General 01 2110 94100 Capital Vehicles $ 47,000.00 $ 47,000.00 $ - Capital General 01 2110 96012 10190 Public Safety Training Center $ 101,112.57 $ 80,287.22 $ (20,825.35) Capital General 01 2123 94400 Equipment $ 10,500.00 $ 10,500.00 $ - Capital General 01 2211 53103 10687 Parking Lot Maintenance $ 29,520.40 $ - $ (29,520.40) Operating General 01 2210 94120 Capital Fire Trucks $ 595,829.09 $ $ (595,829.09) Capital General 08 221094120 Capital Fire Trucks $ 458,000.00 $ - $ (458,000.00) Capital Public Safety 01 5120 55000 Professional Services - Fishing Dock & $ 10,000.00 $ 1,649.96 $ (8,350.04) Operating General 01 5200 55000 Professional Services - ADA Transition $ 26,000.00 $ 33,000.00 $ 7,000.00 Operating General 01 520055000 10667 Professional Services - Pine Ave $ 2,342.14 $ 3,285.00 $ 942.86 Operating General 01 5210 54000 Equipment $ 7,000.00 $ - $ (7,000.00) Operating General 01 5200 92000 10207 Capital Building - Field House $ 3,366,900.00 $ 634,181.11 $ (2,732,718.89) Capital General 01 5200 93401 10134 Pathway- Five Mile Seg H2 $ 10,898.00 $ 8,455.46 $ (2,442.54) Capital General 01 5200 93401 10664 Pathway- Lemp Canal / Larkwood $ 54,000.00 $ 54,000.00 $ - Capital General 01 5200 93401 10676 Pathway- Linder Road $ 11,512.00 $ 7,129.40 $ (4,382.60) Capital General 01 520093401 10681 Pathway - East JamesCt $ 19,156.00 $ 5,886.00 $ (13,270.00) Capital General 01 5200 93401 Pathway $ 394,010.88 $ 399,915.04 $ 5,904.16 Capital General 01 5200 93402 10123 TullyPark- TreeGym $ 21,039.04 $ 34,000.00 $ 12,960.96 Capital General 01 5200 93405 10122 Storey Park $ 130,861.13 $ 130,131.13 $ (730.00) Capital General 01 5200 93406 10516 Streetscape Irrigation Landscaping $ 113,248.50 $ 111,913.54 $ (1,334.96) Capital General 01 5200 93406 10490 Streetscape Irrigation Landscaping $ 33,500.00 $ 33,500.00 $ Capital General 01 520094100 Capital Vehicles - Hillsdale $ 23,500.00 $ 23,500.00 $ - Capital General 01 5200 94401 Capital Lawnmower -Hillsdale $ 19,698.12 $ - $ (19,698.12) Capital General 01 5200 96156 10120 Adventure Island Equipment $ 14,048.34 $ 14,048.34 $ - Capital General 01 5200 96902 Bear Creek Development $ 32,000.00 $ 32,000.00 $ - Capital General 01 5200 96926 10116 Kleiner Park $ 4,218.81 $ 2,539.66 $ (1,679.15) Capital General 01 2123 53106 FY17-Enh - Patrol Officers (4) - Fix spry $ - 500.00 $ 500.00 Operating General 01 2123 53105 FY17-Enh - Patrol Officers (4) - Fix spre $ - 500.00 $ 500.00 Operating General 01 2123 52201 FY17-Enh-Patrol Officers (4)- Fix spre $ - 2,000.00 $ 2,000.00 Operating General 01 2123 53106 FY17-Enh - Patrol Corporals (2) - Fix sp $ - 550.00 $ 550.00 Operating General 01 2123 53105 FY17-Enh - Patrol Corporals (2) - Fix sp $ - 500.00 $ 500.00 Operating General 01 2123 52201 FY17-Enh-Patrol Corporals (2) - Fix sp $ - 2,000.00 $ 2,000.00 Operating General 01 1310 41200 FY2017 Base Budget- Fix Office Assist $ - 4,392.00 $ 4,392.00 Operating General 01 1310 42021 FY2017 Base Budget- Fix Office Assist $ - 336.00 $ 336.00 Operating General 01 1310 42022 FY2017 Base Budget- Fix Office Assist $ - 497.00 $ 497.00 Operating General 01 1310 42023 FY2017 Base Budget- Fix Office Assist $ - 20.00 $ 20.00 Operating General 01 2110 51300 FY2017 Base Budget- Fix spreadsheet $ - 18,600.00 $ 18,600.00 Operating General 01 2110 52300 FY2017 Base Budget - Fix spreadsheet $ - 4,000.00 $ 4,000.00 Operating General 01 2110 54130 FY2017 Base Budget - Fix spreadsheet $ - 2,000.00 $ 2,000.00 Operating General 01 2110 56102 FY2017 Base Budget - Fix spreadsheet $ - 6,000.00 $ 6,000.00 Operating General 01 2110 57101 FY2017 Base Budget- Fix spreadsheet $ - 100.00 $ 100.00 Operating General 01 2126 53802 FY2017 Base Budget- Fix spreadsheet $ - 2,500.00 $ 2,500.00 Operating General 07 5200 92000 Capital Building - Field House $ 638,000.00 $ - $ (638,000.00) Capital Impact 07 5200 93415 10104 Borup Property $ 71,859.25 $ 71,859.25 $ - Capital Impact 07 5200 96925 10517 William Watson Park $ 637,294.92 $ 598,608.96 $ (38,685.96) Capital Impact 07 S20096927 10121 77 Acre $ 735,221.72 $ 696,629.46 $ (38,592.26) Capital Impact 07 5200 96928 10518 Bellano Creek/ Reta Huskey Park $ 104,010.21 $ 88,592.67 $ (15,417.54) Capital Impact 07 5200 96929 10561 Hillsdale Park $ 1,459,923.75 $ 1,449,642.56 $ (10,281.19) Capital Impact 60 3300 94310 10404 UBS Project $ 226,652.61 $ 78,259.54 $ (148,393.07) Capital Enterprise 60 3400 57400 Advertising/Promotional/Outreach $ - $ 24,048.63 $ 24,048.63 Operating Enterprise 60 3400 94300 Capital Electronics $ 226,805.03 $ - $ (226,805.03) Capital Enterprise 60 3400 94300 10615 Capital Electronics $ - $ 56,785.75 $ 56,785.75 Capital Enterprise 60 3400 94300 10615.PM Capital Electronics $ - $ 9,016.50 $ 9,016.50 Capital Enterprise 60 3400 94300 10616 Capital Electronics $ - $ 1,831.10 $ 1,831.10 Capital Enterprise 60 3400 94300 10616.PM Capital Electronics $ - $ 6,095.00 $ 6,095.00 Capital Enterprise 60 3400 94300 10680 Capital Electronics $ - $ 17,387.45 $ 17,387.45 Capital Enterprise 60 3400 94300 SCADA Capital Electronics $ - $ 32,499.48 $ 32,499.48 Capital Enterprise 60 3400 94310 10522 Capital Software $ 93,570.00 $ 93,570.00 $ - Capital Enterprise 60 3200 55000 Professional Services $ 189,101.04 $ - $ (189,101.04) Operating Enterprise 60 3200 55000 Professional Services $ - $ 50,000.00 $ 50,000.00 Operating Enterprise 60 3200 55080 Professional Services $ 21,085.04 $ - $ (21,085.04) Operating Enterprise 60 3200 55090 Professional Services $ 117,672.72 $ - $ (117,672.72) Operating Enterprise 60 3200 55090 0759 Professional Services $ - $ 18,964.60 $ 18,964.60 Operating Enterprise 60 3200 55090 10085 Professional Services $ - $ 20,820.25 $ 20,820.25 Operating Enterprise 1/17/2017 8:40 AM F.%BUDGEr�M017TFY2017 Carryroward Per Original Budget notice 27,067,082.00 (0.06) 1/17/2017 8:40 AFI F:\BUDGERFY2017TFY2017 Carryfoward _ Fund (All) Sum of Carryforward Fund_Type Department Total _0_ Sum of Carryforward Department Type Operating Capital (blank) Grand Total 1 Operating_ _ _ _ _ _1310 1840 28,051 1310 0 0 1860 29,000 1840 28,051 141,039 169,090 1900 34,000 1850 449,348 449,348 15,000 1860 _ _ 29,000 29,000 1910 2110 0 1900 34,000 34,000 2123 0 1910 15,000 15,000 2126 0 1940 31,602 31,602 29,520 2110 2211 0 192,313 _ 192,313 10,000 - --- _ - - --- ---- 2123 -- 5120 - 0 - - --- 10,500 -- ------------------- 10,500 5200 28,342 2126 0 0 _ _ 1,053,829 _ _ 1,053,829 5210 _ 7,000 -----.2210 Operating Total 180,914 2211 29,520 29,520 Capital 1840 141,039 3200 327,859 327,859 1850 27,208 3210 358,723 358,723 31,602 - - -- 3250 21,310 - -- - - - - - 21,310 1940 2110 192,313 3260 33,091-- 33,091 2123 10,500 3300 226,653 226,653 2210 595,829 3400 60,704 320,375 381,079 5200 4,248,591 3490 3,727,473 3,727,473 Capital Total 5,247,081 3500 269,108 252,356 521,465 1 Total 5,427,995 3520 11,119 497,989 509,107 7 Capital 5200 3,646,310 _ _ 3540 _ _ _ _ _ 13,767 _ _ _ _ 13,767 Capital Total 3,646,310 3590 10,992,110 _ _ 10,992,110 7 Total 3,646,310 5120 10,000 _ 10,000 8 Capital 2210 458,000 5200 28,342 7,894,901 7,923,243 Capital Total 458,000 5210 7,000 7,000 8 Total 458,000 (blank) 55 Capital 1850 422,140 lGrand Total 1,262,827 25,804,254 27,067,082 Capital Total 422,140 55 Total 422,140 60 Operating _3200 _ 327,859 _3210 _ 358,723 Sum ofCarryforward Type 3250 21,310 IFundName Operating Capital (blank) Grand Total 3260 _33,091 Capital _ 422,140 422,140 3400 60,704 Enterprise 1,081,914 16,030,723 17,112,637 3500 269,108 General 180,914_ 5,247,081 _ _ 5,427,995 3520 11,119 Impact 3,646,310 3,646,310 Operating Total _ _ _ _ 1,081,914 Public Safety _ _ _458,000 _ 458,000 Capital _ _ 3300 226,653blank 3400 320,375 Grand tal To 1,262,827 25,804,254 27,067,082 3490 3,727,473 3500 _ 252,356 3520 497,989 3540 _ 13,767 _3_5_90 _ 10,992,110 Capital Total 16,030,723 Per Data 27,067,082 60 Total 17,112,637 Difference - (blank) (blank) (blank) (blank) Total (blank)Total 27.067.082 Grand Total Per Original Budget notice 27,067,082.00 (0.06) 1/17/2017 8:40 AFI F:\BUDGERFY2017TFY2017 Carryfoward Fund- - - (AII)-- - - Enterprise 536,427 8,343,225 SuniofAdJCF12/15/2016 General Type Operating1310 5,245 2,030,505 5,245 2,905,333 1840_ 13,343 _ 80,510 93,853 (blank) 1850 52,000 431,304 431,304 --------- - 1860 81,000 -- - 81,000 0 1900 34,000 1940 34,000 0 0 15,000 30,700 15,000 ---1940--------,_ _1910 6,050 _ 31,602 31,602__ 2126 2110 30,700 _ 163,712 _ _ _ _ 194,412 2123 6,050 10,500 16,550 _ 2126 2,500 (206,037) 2,500 _---_--__- 2210 (150,666) 0 _ 3250 2211 -- ---- -- 0- -- - -- - - -0 -- - 0 ---- - - - - -- 3200121,822 - -- -- ---------- -- ---- ---- -- 121,822 - --- - - ---- ----- (148,393) 3210 208,057 (36,656) 208,057 ----------------- 3250 0 - --------------------- _ 0 3500, 3260 0 (261,658) 0 (11,119) 3300 (11,057) 78,260 78,260 - - _ -- - 3400 - 24,049 -- - 217,185 -- 241,234 ---- ------- (5,184,515) 3490 (8,350) 1,664,829 1,664,829 5200 3500 - 182,500 77,307 259,807 - 3520 0 498,050 498,0.50 3540 Grand Total 0 0 (12,847,496) - 3590 Type 5,807,595 5,807,595 Sum of Change 5120 1,650 - - - _ - _ 1,650 Capital 5200 36,285 4,396,533 - 4,432,818 (545,487) 5210------ 0 General 0 (blank) (3,397,490) Impact --- - - - - Grand Total Public Safety 762,200 13,457,386 14,219,586 Capital 404,096 404,096 Enterprise 536,427 8,343,225 8,879,652 General 225,773 1,804,732 2,030,505 Impact 2,905,333 2,905,333 Public Safety 0 0 (blank) 1860 52,000 Grand Total 762,200 13,457,386 14,219,586 Per Data 14,219,586 Difference - ',Fund -. (All) :Sum of Change ':Type .Department (Operating Capital (blank) Grand Total 1310., 5.245 5,245 1840'- (14,708) (60,529) (75,237) 1850' (18,044) (18,044) 1860 52,000 52,000 1900 0 0 1910, 0 0 1940 0 0 2110'. 30,700 (28,600) 2,100 2123] 6,050 0 6,050 2126 2,500 2,500 2210 (1,053,829) (1,053,829) 2211 (29,520) (29,520) 3200 (206,037) (206,037) 3210 (150,666) (150,666) 3250 (21,310) (21,310) 3260' (33,091) (33,091) 3300' (148,393) (148,393) 4 3400 (36,656) (103,190) (139,845) 3490 (2,062,645) (2,062,645) 3500, (86,608) (175,050) (261,658) 3520: (11,119) 61 (11,057) 1 3540 (13,767) (13,767) E 3590 (5,184,515) (5,184,515) I 5120 (8,350) (8,350) 5200 7,943 (3,498,368) (3,490,425) 5210 (7,000) (7,000) 1(blank) Grand Total (500,628) (12,346,868) (12,847,496) Type Sum of Change Fund Name Operating Capital (blank) Grand Total Capital (18,044) (18,044) Enterprise (545,487) (7,687,498) (8,232,985) General 44,859 (3,442,349) (3,397,490) Impact (740,977) (740,977) Public Safety (458,000) (458,000) (blank) Grand Total (500,628) (12,346,868) (12,847,496) Per Data (12,847,496) Difference - 1/17/2017 8:40 Aro F:\euDGtRFY2017\FY2017 Canyfovrard Meridian City Council Meeting DATE: February 7, 2017 ITEM NUMBER: 5P PROJECT NUMBER: ITEM TITLE: EAST WASHINGTON & CARLTON SEWER MAIN REPLACEMENT Approval of Award of Bid and Agreement to GRANITE EXCAVATION, INC. for the "EAST WASHINGTON & CARLTON SEWER MAIN REPLACEMENT" project for a Not -To -Exceed amount of $425,318.52 MEETING NOTES MI 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 Page 1 Memo To: C. Jay Coles, City Clerk, From: Keith Watts, Purchasing Manager CC: Emily Skoro Date: 2/13/2017 Re: February 7th City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the February 7 th City Council Agenda under a Public Works Department Report for Council’s consideration. Award of Purchase to Hydro International for the “Grit Removal Equipment” project for a Not-To-Exceed amount of $820,730.00 and authorize the Purchasing Manager to sign PO #17-0191 in the amount of $82,073 for submittals due in FY17. Recommended Council Action: Award of Purchase to Hydro International for Grit Removal Equipment in the amount of $820,073 to be paid in 2 fiscal years, $82,073 in FY17 and $738,657 to be paid in FY18 and approval of Purchase Order #17-0191 to Hydro International for the Not-To-Exceed amount of $82,073 and authorize the Purchasing Manager to sign. Thank you for your consideration. City of Meridian Purchasing Dept. CONTRACT CHECKLIST Date: REQUESTING DEPARTMENT Project Name: Project Manager: Contract Amount: Contractor/Consultant/Design Engineer: Is this a change order? Yes No Change Order No. Fund: Budget Available ( Purchasing attach report ): Department Yes No Construction GL Account FY Budget: Task Order Project Number: Enhancement: Yes No Professional Service Equipment Will the project cross fiscal years? Yes No Grant Grant #: Wage Determination Received Wage Verification 10 Days prior to bid due date Debarment Status (Federal Funded) Print and Attach the determination Print, attach and amend bid by addendum (if changed) www.sam.gov Print and attach Master Agreement Category (Bid Results Attached) Yes No (Ratings Attached) Yes No Date MSA Roster Approved: Typical Award Yes No If no please state circumstances and conclusion: Date Award Posted: 7 day protest period ends: PW License Expiration Date: Corporation Status Insurance Certificates Received (Date): Expiration Date: Rating: A+ Payment and Performance Bonds Received (Date): Rating: A+ Builders Risk Ins. Req'd: Yes No (Only applicabale for projects above $1,000,000) Reason Consultant Selected 1 Performance on past projects Check all that apply Quality of work On Budget On Time Accuracy of Construction Est 2 Qualified Personnel 3 Availability of personnel 4 Local of personnel Description of negotiation process and fee evaluation: Date Submitted to Clerk for Agenda: By: Purchase Order No.: Date Issued: WH5 submitted (Only for PW Construction Projects) NTP Date: Contract Request Checklist.5.24.2016.Final N/A N/A N/A N/A Goodstanding C-16558 6/30/2017 I. PROJECT INFORMATION 1/24/2017 6/9/2017 $2,100,000 1/25/2017 Public Works East Washington and Carlton Sewer Main Replacement V. BASIS OF AWARD 1/17/2017 January 25, 2017 IV. GRANT INFORMATION - to be completed only on Grant funded projects VI. CONTRACTOR / CONSULTANT REQUIRED INFORMATION the lowest bid was found to be unresponsive so the second lowest bid was chosen. January 26, 2017 VIII. AWARD INFORMATION Approval Date Enter Supervisor Name Date Approved VII. TASK ORDER SELECTION (Project Manager to Complete) Operations, Engineering, and B&C all reviewed the scope of work and pricing which all groups approved. Engineering also looked at the cost percentage which is approximately 1.81% of the total construction costs. That percentage was compared to programming costs for the UV and Fermentation projects which were 3.37% and 6.8%. The Capacity Expansion programming cost percentage is inline with the other projects. 1/24/2017 Award based on Low Bid Highest Ranked Vendor Selected $425,318.52 Troy Thrall If yes, has policy been purchased? Phil Krichbaum/JUB Engineers III. Contract Type II. BUDGET INFORMATION (Project Manager to Complete) 60 3590 95000 10613.b TASK ORDER RFP / RFQ BID CONTRACT FOR PUBLIC WORKS CONSTRUCTION EAST WASHINGTON & CARLTON SEWER MAIN REPLACEMENT PROJECT # 10613.8 THIS CONTRACT FOR PUBLIC WORKS CONSTRUCTION is made this 7th day of February, 2017, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of ldaho, hereinafter referred to as "C|il",33 East BroadwayAvenue, Meridian, Idaho 83642, and Granite Excavation. lnc., hereinafter referred to as.CONTRACTOR", whose business address is 23 Warm Lake Hvw Cascade, ID 8361 1 and whose Public Works Contractor License # is C-16558-u-2-4. INTRODUCTION Whereas, the City has a need forservices involving EASTWASHINGTON & CARLTON SEWER MAIN REPLACEMENT; 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 1. Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Contract 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 Exhibit "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. lf any such work is copyrightable, the Contractor may copyright the same, exceptthat, 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, EAST WASHINGTON & CARLTON SEWER MAIN REPLACEMENT Project 10613.b page 1 of 16 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 otherwarranties, either express or implied, as part of this Agreement. 1.4 Services and work provided by the Contractor at the City's request underthis Agreementwill be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work rnay be revised from time to time upon mutual written consent of the parties. 2. Gonsideration 2.1 The Contractorshall be compensated on a Not-To-Exceed basis as provided in Exhibit B "Payment Schedule" attached hereto and by reference made a part hereof for the Not-To-Exceed amount of $425.318.52. 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 additionalconsideration, 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 Exhibit A. EAST WASHINGTON & CARLTON SEWER MAIN REPLACEMENT Project 10613 b page 2 of 16 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 Exhibit 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. 4. Liquidated Damages: Substantial Completion shall be accomplished within 90 (ninety) 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 incidentalwork, corrections or repairs remain forthe physicalcompletion of the totalcontract. Contractorshallbe 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. Upon receipt of a Notice to Proceed, the Contractor shall have 120 (one hundred- twenty) 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. See Milestones listed in the Payment Schedule for Substantial Completion. 5. Termination: 5.1 lf, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations underthis 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. ln 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. EAST WASHINGTON & CARLTON SEWER MAIN REPLACEMENT page 3 of 16 Project 10613.b 5.2 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 deteimined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 6. lndependent Contractor: 6.1 ln all matters pertaining to this agreement, CONTRACTOR shallbe 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 Exhibit 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. 6.2 Contractor, its agents, officers, and employees are and at alltimes during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. 6.3 Contractorshalldetermine 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. lf 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 Contracto"r. 7. Sub-Contractors: Contractor shall require that all of its sub-contractors be licensed per State of ldaho Statute # 54-1901 L Removal of Unsatisfactory Employees: The Contractor shall only furnish employees who are competent and skilled forwork under this contract. lf, in the opinion of the City, an employee of the Contractor is incompetent or disorderly, refuses to perform in accordance with the terms and conditions of the contract, threatens or uses abusive language while on City property, or is otherwise unsatisfactory, that employee shall be removed from all work under this contract. EAST WASHINGTON & CARLTON SEWER MAIN REPLACEMENT Project 10613.b page 4 of 16 9. lndemnification and Insurance: 9.1 CONTRACTOR shall indemnify and save and hold harmless CITY and it's elected officials, officers, employees, agents, and volunteers 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 aqrees that it will maintain. throuqhout the term of this Aqreement. liabilitv insurance. in which the CITY shallbe named qn additionalinsured in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability lnsurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation lnsurance, 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 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 lnsurance, 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. ln 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, ldaho 83642. 9.2 lnsurance is to be placed with an ldaho admitted insurer with a Best's rating of no less than A-. 9.3 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. 9.4 To the extent of the indemnity in this contract, Contractor's lnsurance coverage shallbe primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City EAST WASHINGTON & CARLTON SEWER MAIN REPLACEMENT Project 10613.b page 5 of 16 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. 9.5 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. 9.6 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 9.7 The limits of insurance described herein shall not limit the liability of the Co ntracto r a nd Co ntracto r's age nts, rep rese ntatives, em ployees o r subcontractors. 10. 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. 11. Bonds: Payment and Performance Bonds are required on all Public Works lmprovement Projects per the ISPWC and the City of Meridian Supplemental Specifications & Drawings to the ISPWC, which by this reference are made a part hereof. Contractor is required to furnish faithful performance and payment bonds in the amount of 100% of the contract price issued by surety licensed to do business in the State of ldaho. ln the event that the contract is subsequently terminated for failure to perform, the contractor and/or surety will be liable and assessed for any and all costs for the re-procurement of the contract services. 12. Warranty: All construction and equipment provided under this agreement shall be warranted for2 years from the date of the City of Meridian acceptance perthe 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. 13. 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 EAST WASHINGTON & CARLTON SEWER MAIN REPLACEMENT Project 10613.b Page 6 of 16 between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 14. Taxes: The City of Meridian is exempt from Federal and State taxes and will execute the required exemption certificates for items purchased and used by the City. ltems purchased by the City and used by a contractor are subject to Use Tax. All other taxes are the responsibility of the Contractor and are to be included in the Contractor's Bid pricing. 15. 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 add ress: http://www. meridiancitv. orq/environmenta L aspx?id= 1 36 1 8. Contractor shall retain all stormwater and erosion control documentation generated on site during construction including the SWPPP manual, field inspections and amendments. Prior to final acceptance of the job by the City the contractor shall return the field SWPPP manual and field inspection documents to the City for review. A completed Contractor Request to File Project N.O.T. with the EPA form shall be provided to the City with the documents. These documents shall be retained, reviewed and approved by the City prior to final acceptance of the project. 16. 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 Contractofs 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. 17. Reports and lnformation: 17.1 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. 17.2 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 EAST WASHINGTON & CARLTON SEWER MAIN REPLACEMENT Project 10613.b page 7 of 16 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. 18. Audits and lnspections: 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. 19. Publication, R€production 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. 20. Equal Employment Opportunity: ln performing the work herein, Contractor agrees to comply with the provisions of Title Vl and Vll of the Civil Rights Act, Revenue Sharing Act Title 31, U.S. Code Section 2176. Specifically, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. Contractor will take affirmatite action during employment or training to insure that employees are treated without regard to race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. ln 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. 21 . Employment of Bona Fide ldaho Residents: Contractor must comply with ldaho State Statute 44-1002 which states that the Contractor employ ninety-five percent (95%) bona fide ldaho residents. 22 Advice of Attorney: Each party warrants and represents that in executing this Agreement. lt has received independent legal advice from its attorney's or the opportunity to seek such advice. EAST WASHINGTON & CARLTON SEWER MAIN REPLACEMENT Project 10613.b page I of 16 23. 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. 24. Gonstruction and Severability: lf 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. 25. 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. 26. 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. 27 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. 28. Payment Request: Payment requests shall be submitted to City of Meridian through the City's project management software. The Project Manager will compare the invoice against the Payment Schedule in the Agreement for compliance. Upon approval that the work has been done and is in compliance with the Agreement, the Project Manager will approve the pay request for processing. City of Meridian payment terms are Net 30 from the date City receives a correct invoice. .Final payment will not be released untilthe City has received a tax release from the Tax Commission. EAST WASHINGTON & CARLTON SEWER MAIN REPLACEMENT Project 10613.b page 9 of 16 29. Cleanup: Contractor shall keep the worksite clean and free from debris. At completion of work and prior to requesting final inspection, the Contractor shall remove all traces of waste materials and debris resulting from the work. Final payment will not be made if cleanup has not been performed. 30. Order of Precedence: The order or precedence shall be the contract agreement, the lnvitation for Bid document, then the winning bidders submitted bid document. 31. Gompliance with Laws: ln performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 32. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of ldaho, and the ordinances of the City of Meridian. 33. Notices: Any and all notices required to be given by either of the parties hereto, unless othenrvise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: CITY City of Meridian Purchasing Manager 33 E Broadway Ave Meridian, lD 83642 208-489-0417 34. EAST WASHINGTON & CARLTON SEWER MAIN REPLACEMENT Project 10613.b CONTRACTOR GRANITE EXCAVATION, INC Attn: Josh Davis 23 Warm Lake Hwy Cascade, lD 8361 1 Phone: 208-382-41 88 Email : brad@gran iteexcavation.com ldaho Public Works License #C-16558 -u-2-4 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. Approval Required: This Agreement shall not become effective or binding untilapproved by the City of Meridian. page 10 of 16 CITY OF MERIDIAN BY: TAMMY dRD, MAYOR Dated: 7 c)917 Approved by Council: T Attest: m C. JAY OLE ITY CLERK Purchasing Approval BY: KEITHATTS, urc asing Manager Dated:: Project Manager TROY THRALL GRANITE EXCAVATION, INC. Dated: !� I dj W 0 Depaytr�ent ■ ..1)rrarra...,�1u„° Dated:: I! 7- '-f / ! 7 EAST WASHINGTON & CARLTON SEWER MAIN REPLACEMENT page 11 of 16 Project 10613.b EXHIBIT A SCOPE OF WORK REFER TO INVITATION TO BID PW-1716.10614.b ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the lnvitation to Bid Package # PW-I714-10613.b, are by this reference made a part hereof. SPECIFICATIONS ISCOPE OF WORK All constructio,n work sha;ll be done in accordance with the 2012 version of the ldaho Standards for Public Works Construction (ISPWC), the 2013 City of Meridian Supplemental Specifications to the ISPWC (and any Addendums). PART 1- GENERAL 1.1 . SECTION INCLUDES A. OWNER furnished products. B. CONTRACTOR use of site and premises C. Work Sequence. D. Public Safety and Convenience. 12 GENERAL DESCRIPTION OF WORK A. The project consists of: 1. This project consists of constructing approximately 2,OT9linealfeet of 8" gravity trunk sewer, 2,465 lineal feet of 4" sewer services, miscellaneous connection existing sewer, manhole and existing sewer abandonments, installation of new manholes, and other related and miscellaneous work. EASTWASHINGToN & GARLToN SEWER MAIN REPLAoEMENT page 12 of ,16 Project 10613.b 1 3 CONTRACTOR USE OF SITE AND PREMISES A. Limit use of site and premises to allow: Landowner access to services and full utilization of their property. Public rights-of-ways. Work by Others and Work by Owner. All vehicle, freight and emergency access to residences and related work activities. Construction operations are limited to rights-of-ways and agreements secured between the Contractor and landowner. 1.4. WORK SEQUENCE A detailed work sequence or phasing plan shall be submitted at the Preconstruction Meeting for the Engineer's review. lt shall take into consideration as a minimum: coordlnation of sanitary sewer services, services maintenance, sewage bypass requirements, resident access and operation maintenance, worker and public pedestrian control, access to and from residential property. Referto SP-2102for additional information. General sequences of the work shall accommodate the following: The Contractor shall provide adequate notice to residences prior to construction to inform them of the services design coordination, project schedule, and all other work activities. Refer to SP-2102for additional requirements. Alltie-in elevations with existing collection sewers and existing sewer service lines must be independently verified and the Engineer notified of any discrepancies from the Plans, prior to beginning construction of the collection sewer. Refer to SP-21 02 for services coordination. Construction of the 8-inch collection sewer must begin at the downstream connecting manhole, installed, tested and approved by the City of Meridian. All work sequencing shall comply with the approved traffic control plan. 1.5 PUBLIC SAFETY AND CONVENIENCE The CONTRACTOR, at all times, must consider the effect construction has on public safety and take action and consider all options possible to assure the least possible obstruction to residencies , ingress/egress, and public traffic. Convenience and protection of the general public and personal property shall be of prime importance and shall be provided for by the CONTRACTOR in an adequate and satisfactory manner. 1 2 3 4 B A A B 1 2 3 4 EAST WASHINGTON & CARLTON SEWER MAIN REPLACEMENT Project 10613.b page 13 of 16 PART 2 - MATERIALS NOT USED PART 3 - WORKMANSHIP NOT USED EAST WASHINGTON & CARLTON SEWER MAIN REPLACEMENT Project 10613.b page 14 of 16 Exhibit B MILESTONE I PAYMENT SCHEDULE A Total and complete compensation for this Agreement shall not exceed $425,318.52. EAST WASHINGTON & CARLTON SEWER MAIN REPLACEMENT Project 10613.b Milestone 1 Substantial Com pletion 90 Days from Notice to Proceed Milestone 2 Final Completion 120 Days from Notice to Proceed Contract includes furnishing all labor, materials, equipment, and incidentals as required for the EAST WASHINGTON & CARLTON SEWER MAIN REPLACEMENT per IFB PW-1714- 10613.b NOT TO EXCEED CONTRACT TOTAL...$425.318.52 - 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. The Gity will pay the contractor based on actual ouantities of each item of work in accordancb with the contract documents. Item No.Description Quantity Unit Unit Price 205.4.1.8.1 Dewatering 1 LS $ 3,907.00 304.4.1.B.1 Trench Foundation Stabilization Material 80 TN $ 2,492.00 306 .4.1. D.1 lmported Trench Backfill 360 TN $ 11,098.80 Tvpe C Surface Restoration (Sewer Main)17 LF $ 582.59307 .4.1.D.1 307.4.1.D.3 Type C Surface Restoration (Sewer Service)36 LF $ 1,468.80 2042 LF $ 122,765.04307.4.1.F.1 Type ''P-1" Surface Restoration (Asphalt Roadway - Sewer Main) 367 LF $ 9,288 .77307.4.1.F.5 Type "P-1" Surface Restoration (Asphalt Roadway - Sewer Service) 17 EA $ 4,150.38308.4.1.C.1 PVC Casing Sleeve - Sewer Main $ 2,066.3513EA308 .4.1.C.3 PVC Casing Sleeve - Sewer Service LF $ 41 ,836 .20Gravitv Sewer - B" PVC 1470501 .4 .1. B. 1 609 LF $ 17,624.46Gravitv Sewer - 8" PVC (Water Class Pipe)501 .4.1.8.5 12 EA $ 24,780.00502.4.1.A.1 Sanitary Sewer Manhole - 48" Type A 2 EA $ 1 ,816.00502.4.1. F.1 Connect to Existing Sewer or Manhole LF $ 107,079.602465504 .4.1. E. 1 Sewer Service - 4-anch 1 001 LF $ 7,057.05507 .4.1.1.1 Abandon Sewer Main page 15 of 16 DATESISC 507.4.1.M 1 Abandon Manhole 5 EA $ 3,290.00 507 .4.1.N.1 Abandon Sewer Main Cleanout 1 EA $ 723.00 601 .4.1.8.1 lrriqation/ Storm Drain Crossinq 2 EA $ 2,436.00 706 .4.1.4.5 6-inch Vertical Curb and Gutter 20 LF $ 1,141 .20 706 .4.1.8.1 Concrete Valley Gutter 8 LF $ 2,245.28 706.4.1.E.1 Concrete Sidewalk - 5 inch 15 SY $ 1 ,617 .00 1 003 .4.1 .4. 1 Fiber Rolls 1 190 LF $ 2,380.00 1006 .4.1 .C 1 lnlet Protection 8 EA $ 452.40 1 103 .4.1 .4. 1 Construction Traffic Control 1 LS $ 10,500.00 201A.4.1 .A. 1 Mobi lizatio n (5o/o Max. )1 LS $ 17,785.00 2020.4.1 .F 1 Reference and Reset Monuments 11 EA $ 7,359.00 SP- 2102.4.1 .4. 1 Construction Coord ination 1 LS $ 1,239.00 SP- 2105.4.1 .4. 1 Sewaqe Bv-Pass Svstems 1 LS $ 6,844.00 SP- 2216.4.1.A. 1 Storm Water Manaqement 1 LS $ 1,942.00 SP- 2220.4.1 .4. 1 Water Main Lowering 40 LF $ 7,351 .60 EAST WASHINGTON & CARLTON SEWER MAIN REPLACEMENT Project 1 061 3.b page 16 of 16 BID RESULTS Si g n e d Ad d e n d u m 1 Ad d e n d u m 2 Ad d e n d u m 3 Bi d B o n d Li c # Su b s Ce r t i f i c a t i o n X X X X X X X X X X X X X O X X X X X X X X X X X X X X Attest: Troy Thrall, Public Works VENDOR Blue Sky Construction Alta Constuction Knife River Granite Excavation Opened by: Sandra Ramirez, Purchasing Specialist $563,177.00 $425,318.52 $387,602.49 Non-Responsive BID AMOUNT $491,206.98 DUE DATE & TIME: January 12, 2017 2:30 BID NUMBER: PW-1714-10613.b BID NAME: EAST WASHINGTON & CARLTON SEWER MAIN REPLACEMENT City Of lderidian Detailed Statement of Revenues and Expenditures - Rev and Exp Report - Keith - Unposted Transactions Incfuded In Report 3590 - Ylw Construction Projects 50 - Enterpaige Eund From L0/1,/2016 Through 9/30/2077 9s000 10515.d 10577.a 10618.a 10716.a 10121.A Carr. . . Capital Outlay Service Line /t,Iain Replacement NW 2nd Street Water and Sewer Line Replacement Constructi-o Water and Sewer Line Replacement E. Pine Ave Meridian Rd Sewer Line Replacement West Washington St NW 4th to NW 1 E Vflilliams st Sewer Main Replacement Sewer Main Replacement NW 1st Street Design Carryforward Total Capital Outlay TOTAL EXPENDITURES Budget with Amendments 1, 500, 000 . 00 0.00 0.00 0.00 0.00 0.00 1,381,093.20 2, 881r 093.20 2 ,88 1, 0 93 .20 Current Year Actual 0.00 6,'750.00 43,417.10 3, 050 . 00 11,978.00 32,855.00 0.00 98, 050. 10 98, 050. 10 Budge t Remaining Percent of Budget Remaining 1,500,000.00 (6,'7 5o . 00 ) (43,477.10) (3,050.00) (11,978.00) (32,855.00) 1,381,093.20 100.00% 0.00% 0.008 0.00% 0.00% 0.00% 100.00% 2 783 043.10 96.60eo 2,J83,043.10 96 . 60e. Date: 1./26/11 10:33:06 AM Page: 1 Bond No. 8D742752 Performance Bond CONTRACTOR: (^totie, legal stat,d and addrcss) Granite Excavation, lnc. 23 Warm Lake Highway Cascade ID Document A31ZrM - 2010 Conforms vJith The American Institulc ofArchitecls AIA Document 312 SURETY: (Nofie, legal slahts and p ncipalplace o!b siness) Nationwide IVlutual lnsurance Company One Wesl Nationwide Blvd., .1-04-701 Columbus OH 4321s 2220 Mailing Address for N6tices Thls documenl has lmportant legal consequences. Consullalion \ryith an at(orney ls encouraged wiih respectto its completion or modircalion. Any slngulaa reFerenco lo Conlractor, Surety, Owner or other party shell be consuered plural \,r'here applicable. Four Hundred Twenty Five Tl'rousand Three Hundred Eighteen Dollars and 52l100 83611 OWNERT (Na e,lcgalstdfits ond oddrcss) City of Meridian 33 East Broadway Ave., Ste. 1 06 Meridian lD 83642 CONSTRUCTION CONTRACT Date: January 24,2017 Amount: $ 425,318.52 Dcscription: (No e and location) East Washington & Carlton Sewer Main Replacement BOND Datc: January 24,2017 (Not earlier thon Consl,ltction (:ontrucl Date) Amount: g 425,318.52 Modilications to thisBond; I Nonc CONTRACTOR AS PRINCIPAL C'ornpany: Granite Excavation, lnc. (Corporute Seal) Signahrre Narne 5o54 DatJ afi'lirle: ?fti ,Er4- Four Hundred Twenty Five Thousand Three Hundred Eighteen Dollars and 52l'100 ! Scc Scction 16 SURETY Companyf (Coryorate Seal) Nationwide Mutual lnsurance Company Signaturc: Name Eli A Schneider and Title: Att 'ey-in-Fact (Any odditional sigrlzfin es appcar on thc lost poge o/ this Per/oruance Bond,) (FOR INFORMATI1N ONLI' - Naue, addrcss ohd tclephohe) AGENToTBRoKER: OWNER'S REPRESENTATIVE: Moreton & Company (Atchitecr' Ekgineet u orhet Porty:) '12639 West Explorer Dr., Suite 200 Boise lD 83713 208-321-9300 i\ At s-1852/AS 8/'10 S 1 Thc Contractor and Surery,joiDtly and sevcrally, bjnd themsclvcs, leirheirs, executors, administrqlors, successors and ossigns to thc Ownel for the performance ofthe Conslruction Con[act, *'hich is incorporated lterein by refcrcnce. S 2Iflie Contractor performs the Corstruction Contracl, the Surety and the Contractor shall have no obligation undcr tlis Bond, exccpt lvhcn applicable lo panicipate in a confcrence as provided in Sec{.ion 3. $ 3 If there is no Orvner Dc faul t under the Construction Contraot, the Surcty's obligalion undcr this Bond shall arise after .'l the O*,ner firstprovides [olicc lo thc Contractor and thc Surerythat the Owner is considcring deelal.ing o Contmctor l)efault. Such nolice shall ifldicate whether the O$oer is rcqucsting a confcrcncc among the O\\Ier, Contractor ard Surefy to discuss lhc Contractor's pcrforEancc. If (hc O$ncr docs not rcqucst a conferencc, thc Surciy may, wit]rin live (5) business days afler receipt of lhc Owncr's notice, requestsuch a conference.lfthe Surety timely rcqucsts a confcrencel the Orroer shall atlend. Unlcss lhc Olvnor agrees othenvise, any conference requestcd u0der this Section 3.1 shall be held within tcn (10) business days ofthe Surcly's receipt ofthe Ownels notice, Ifthe Orvner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable timc to perform the Construction Contract, but such an agreement shall not waive the Orme/s right, if any, subsequently to dec]are a ConL?ctor Default; .2 the Orvncr dcclarcs a Contractor Dcfault, tcrminatcs the Construction Conkact and notifics tlle Surety; and .3 the O\wer has agreed 1o pay thc ts a lancc of tl) e Contract Pd ce in accordan cc with the lcrms o f thc Cons tructioD Contract to thc Surely or to a contractor selected to perfonn the Co struclion Conlracl. S 4 Failurc on dl€ part of[re O\yncr to comply Nith ths noticc rcquilcnrent in Sectio[ 3,1 shall Dot constilute a failure to con]ply wifi a condition preccdcnt to Lhc Surcfy's obligalions, orlelcasc thc Surety from its obligatiofls, excepl to the exlent the Surety dernonsl-rates actualprejudice. S 5 Whcn thc O$ner hus satisfied thc conditions ofSection 3, thc Surcty shall promptly and at the Surely's expense take one of the following acti0ns: $ 5.1 furarge for the Conuactor, vith the consent ofthe Ot\Der, to perform and complete the Construction Contr,rcl; S 5.2 Undc(akc to pcrform and complete thc Constmction Contract itself, lhrough ils agents ot indepeDdent con(mctors; $ 5,3 Obtain bids or negotiated proposals li'om qualified contractors acceptable to th€ O$ner for a contract for pcrfomance and completion ofthe Conslruction Contrtcl" aflangc for a conraot to be preparcd forcxccutioo by lhc Or"ncr and a contractor selccted witi thc Owner's concunenc€, to be secured rvith pcrlormancc and paymcDt bonds cxccutcd by a qualified surety equivalcnt to thc bonds issucd on the Conslruction Contracl and pay to thc O$fler tre amounl ofdamages as dgscdbed b Section 7 il excess ofthe Balance oftlle Contract Price incuaed by the O\mer as a rcsull ofthe Conhactor Default; or S 5,4 Waivc ils right to pcrform and completc, anangc for compl€tioD, or oblail a ne\v contmctorand with reasonable promntness under the circumstanccs: ,1 Aflcr hvcsligatioq dctc.minc thc amount for lvhich itmay be liable to the Ownerand, &s soon as practicable after lhe arnount is detcrmincd, makc paymcot to fic Owner; or .2 Deny liability in whole or in part and nolifl $e Orvner, citing dre rcasons fordenial. S 6 Ilthe Surety does not procecd as provided in Section 5 }vith reasonablc promptncss, thc Surcty shall bc deemed to be in default on this Bond seven days a0er receipt o[an additional rwitten notice from the Ormer to thc Surety dcmaDding that the Surety perform is obligations uoder this Bond, and the Ormershall bc cnlitlcd to cnforcc any rcmedy availablc to the Orvner. Ifthe Surety procecds as provided ir S€ction 5.4, and the Orvncrrellscs thc payment ortle Surety has denied liability, in rvhole orirl part, \,r'ithout further notice the O!\,ner shall be entitled to enforcc any remedy available to the Owner, s-185ZAS B/10 S 7 Ifthe Surety elects to aot under Section 5.1, 5.2 o! 5,3, then the responsibilities ofthe Suroty to the OM6r shall not be greater than thosc of thc Contractor under the Construction ContracL and the responsibilities ofthe Otyner to the Surely shall not bc Bcatcr than thosc ofthc Orwcr undcr tic conslruction Contracl. Subject to the commitment by the Or\ncr to pay thc Balancc ofOc Contract Price, thc Surety is obligated, wjthout duplicatioD,lor .1 thc rcspo sibililics of the Contractor for concctib! of defective \yoik and completion of the. Construction Contract; .2 additional legal, dcsign plofessional and delay costs resulling fronr the Controctor's Default, and rcsulting from the actions ot failure to act of le Surety undcr Section 5; and .3 liqu idated damages, o, if no liqu idaled damages are spgcified in the Conslruction Contract, actual damages caused by delayed perfonnance or non-performance of the Contractor, S 8 Ifttrc Surety elects to ?ct undc. Sectio[ 5.1, 5.3 0r 5.4, the Surcty's liability is Iinrited to the amount ollhis Bond, $ 9 'Ihe Surety shall not be liablc to the Olrnsr or olhers for obligations ofthe Confactor that arc u rclatcd to t}lc Constructio'r Contr"ct, arld thc Dalancc olthe Contract Price shull nol be reduced or set offon irccount ofary such uffclatcd obligations. No right ofaction shall accroc on tllis Bond to aoy person orcn(ity otler than thc olvncr or its hcirs, cxccutors, adminishators, successors and assigns. $ '1 1 A ny proceeding, lcgal or equitablc, undcr thjs Bond n1ay bc institutcd in a ny court of competent ju risd ict ion in tie location in \\ hich the $,ork or part ofthc lyork is Iocatcd a,ld shall bc institutcd wilhiu t\yo years aliet a declaratiol of Conlractor Default ot \vidrin two ycars alter thc ContrBclor ccascd rvorking or within hvo years afler the Surety refuses or fails to perlolEl its obligations under this Bond, whichever occurs first. Illhe ptovisiotts of this l'aragr aph are void or plohibited by larv, the tninirnrim period of Iimitation available to sureties as a defcnse in $ejurisdiction oI the snil shall be applicable. S 12 Notice to tlle Surcty, thc Oltnc[ ol thc Conlraclol shall bc mailcd ol dclivcred to the address sho$n on the page on rvhich theirsigoature appcals. $ 13 Wheo tlris Bond has been fumished to comply with a statutory or olher lcgal requirement in the Iocation where the construction was to be performed, any provision il this Bortd conflicting rvith said strlutory or legal rcquirenient shall be deemed deleled hereliom and provisions confolmiflS to such statutory or olher legal requiremenl. shrll bc deemed incorporaterl herein. When so fiimishcd, the inlcnt is that fiis Bond shall bc construed as a statutory bond and not as a common ln\v bond, S 14 Definitions S 14.1 Balance of the contract Prlce. Thc total amount payable by the O$rer to the Cootactor under the Construclion Coltract afler all proper adjutmcnls havc bccn madq including altorvancc to lhe Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contmctor is entitled, reduced by all valid and proper payments made to or on behallol'the Conkactor under the Construction Contract, S 14.2 C onstruction Contract. lhe ageement tehveen the Owner and Contractor identiiied on the cover page, including all Contract Documents and chanBes made to the agreement and the Contract Documents. S 14.3 contractor Defaull. Foilure ofthe Contractor, lvhich has not bccn r€medied or rvaivcd, to pcrform or oihcnvisc to conlply with a matcrial telm of the ConstructioD Conlract. S 14.4 owner Default. Failure ofthe orvaer, which has not been remedied or lvaived, to pay the Contractor as required under the constructionconhact or !o pcrfoml and complete or comply with tle other marerial terms olthe consku;tion co[tract. S 14.5 Contract Documents. Allfte documents that comprise the agreement betlv€en the Orvner and Contractor. $ 15 Ifthis Bond-is issued for ao ogreemeot betlveen a Contrsctor alrd subconkaotor, tle tem Contractor i, this Bond shall bc dccmcd to bcSubcontractor and the lerm Otvnershall be deemed tobe Conkoctor. s-1852/AS B/10 $ 10 Thc Surety hereby \vaives nolicc ofany changc, inchrcling changcs oltinc, to the Constructio, Contract or to relatcd subcontrac(s, purchasc orders and other obligations, (Space is pt'ovided belov fot, qdditional sigrattrcs ofadded parties, other than lhose oppearilg oD lhe coter pa4e) CONTRACTOR AS PRINCIPAL SURETY Company: (Cot pot.ate Seal) Company: Signnnlre:Signature: (Corpo,ale Se.tl) Name and Title; Address Name and Title: Address s-185ZAS 8/10 S t 6 l\'lodi li cations to this bond are as follorvs: Bond No. 8D742752 Payment Bond CONTRACTOR: Noue, lcgalstans and addtess) Granite Excavation, lnc. 23 Warm Lake Highway Cascade lD OWNER: Noulq legalstot s and addrcss) City of Meridian 33 East Broadway Ave., Ste Meridian lD CONSTRUCTION CONTRACTDale: January 24,2017 Amount: $ 425,3,] 8.52 Description: (Naue and location) East Washington & Carlton Sewer l\,4ain Replacement BONDDatc: January 24,2017 Nol ediiet lhon Conslnrction Co truct Date) Amount: $ 425,318.52 Modifications to this Bond: I Nonc CONTRACTOR AS PRINCIPALCompany: (Cotporate Seal) Granite Excavation, lnc. Signaturc: Namc ---V--> rt ? *!,) and Title: - (rttsioa-<' Document A312rM - 2010 Four Hundred Twenty Five Thousand Three Hundred Eighteen Dollars and 52l'100 n See Sectior 18 Conforms with The American lnstitute of Architects AIA Document 312 SI,-,RETY: (Nat e, legtlstat sa d prhlcipol place oJbt$inets) Nationwide Mutual lnsurance Company One West Nationwide Blvd., 1-04-701 Columbus OH Aoz.ts.zzzo Mailing Address for Notices This document has important Iegal consequences. Consul(alion wlth an altorney Is encouraged with respecl lo its complelion or moditicalion. Any slngular reference to Contraclor, Surety, Owner or olhcr parly shall be consldered plure, !vhere applicable. Four Hundred Twenty Five Thousand Three llundred Eighteen Dollars and 52l100 836'1'1 106 83642 SURETYCompany: (Corporate Seol) Nationwide Mutual lnsurance Company Signature Namc and Title: h A Schneider ey-in-Fact (./thy additiohal signaltrrcs oppeat on ite last page of this Paynent Bond) (FOR INFORIUTION ONLY - Nane, oddrcss qnd lelephone) AGENToTBROKER: OWNER'S REPRESENTATIVE: lvloreton & Company (Architect' Ehginear ot'other patty:) '12639 Wesl Explorer Dr., Suite 200 Boise ID 83713 208-321-9300 s-2'149/AS 8/10 $ I thc Contractor and Surety,jointly and severally, bind themselves, their heirs, exeoutors, udminiskatoN, successols and assigns to tiq Owncr to pay for labor, materials and equipment lumished for use in the performance ofthe Consh-uclion Confac(, \vhich is incorporatcd herein byreference, subject 10 the lollowing tcrms. S 2 Ifthe Conlnctor plomptly makes payrnent ofall sums due to Ciaimants, and dcfcnds, indemnifies aod holds harmless the Otmer Oonl claims, demands, Iiens ot suits by any person or€ntity seeking payment for Iabor, matcrials or cquipnrclt ftimished for use in the performa]cc of lhc Construction ContracL {hcn tlc S!rcty and lhc Contraclorsball havc no obligalion under this }lond. S 3 Ifthcrc is no O\wer Default under the Corstruction Contract) thc Surcly's obligation to the Orvner rrnder t}ljs Bond shall arise aflcr thc Owncr has promptly notificd thc Conbag(or and lic Sutcty (at thc addrcss described in Section l3) of claims, demands, IicIS or suits agailst the OrvDer or lhe Owncr's propcdy by any pqson or cnlity seeking paymcnt for labor, matcdals or cquipment fumished for use iD the perlormance ofthe Construction Conlract and tcndcred dcfcnsc ofsuch clainrs, dcmands, licns orsuits to the Contractor.nd the Stlrety. $ 4 Vhcn tle Owner has satisfied the conditions in Secl.ion 3, the Surcty shall promptly an(l at the Surety's expcnsc dcfcnd, indcmni! aad hold harmless the Orvnei against a duly tendered olaim, demand, lien or soit. $ 5 Thc Surcry's obligations to a Clain)ant lnderthis tsond shall arisc afte( the follo\vints S 5.1 Claihants, who do not have a dircct contract with {he Contractor, '1 have fumislted a $t it lcn notice o f nol-plym ellt to the Conlractor, sto tiDg wit] subs ian Iia I ac cu I acy thc ir nount claimed and the name ofthe party to NIom lhe materials \rcrc, or cquipmcnt \vas, fumishcd or supplicd or for lvhom the labor was done or perfonned, within nincty (90) days aftcr having last pcrformcd laboror last filnishcd materials or equipnlent inchrded in the Claim; and. ,2 hayc scnt a Claim (o thc Surcty (at thc address described in Section l3). S 5.2 Claimanls, who arc cmploycd by orhavc a dircct contract rvith the Contracto! have senl a CIdfl to Ure Surety (at Ore address described in Section l3). $ 6 If a notice of non-paymcnt rcqu ired by Scction 5, I .l is givcn by the O wner to the Con tractor, that is su ffi cient (o s atisly a CIairnont's obligation to furdsh a written notice ofnon.trayment under Section 5.1.1. $ 7 WIen a Claimant has satisfied thc condilions ofSections 5.1 or 5.2, whichever is applicable, (he Surety shall prornptly and at the Surety's expcnse take tlle follolvin8 actions: 5 7.1 Send an answer to the Claimant, rvilh a copy to the Owner, wi6in sixty (60) days ufter reccipt of thc Claim, stating thc amounts that are undisp led and the basis for challenging any amounts that are disputcd; and $ 7.2 Pay or arrangc for payment ofauy undisputed amornts $ 7'3 The Surety's failure to discharge its obligations undcr Section 7,1 or Section 7.2 shall not bc dccmcd to constitute a lyaiver ofdefenses lhe Surety orContractormay have or acquire as to a Claim, except as to undisputed amouDts for lyhich thc Surcty and Clain)ant Imve reached ageement. If, horvever, the Surety fails to dischargc its obligations undcr Scclion 7.1 or Scction ?.2, thc Surety shall indemr ry dte Claimant for the reasonable a(tome),s fecs thc Claimalt incurs thcrean€rto rccover any srms found to be due and orving to the Claima.'lt, S 8 The Surety's total obligation shall not exceed lhe amount ofthis Bond, plus the amount ofreasonuble rttomey's fees providcd undcr Scction ?.3, and the amourt of this Bond shall be credited lor any paymcnrs made in good failh by the Surety. S I Amounts owed by the Olvner to the Conkactor undcr thc Construction Contract shall be used for the perfomance oftlte Constructio[ Cont].act and to_satisfr claims, if any, llndcr any conslruetiol pcrformance bond. By lhe Contractor fl]rnishing aod the Orvner accepting this Bond, they agree thtrt all fuds earDcd by the Conhactor in the performance olthe Construction Contact are dedicated to satisfu obligation,s oihe Conttactorand Surcty undcr this Bond, subject to the Olyner's priority to use tie funds for the completion ofthe work, . s-2149/AS 8/1 0 S 10 Thc Surcty shallnot bc liable to Lhe O\yner, Claimaflls orothers for obligations ofthe Cotrtractor (hat arc unrclated to dlc Conshuction Contract. Thq Owner shall not bc liable for &e payment of any costs or expenses of aoy Claimatt undcr this Bond, aad shall have uodcr tlris Bold no obligation to make paymenls lq or give notice on behalfof, Claimaais or othcrwiso havc any obligatioDs to Claimarts under $js Bond. S 11 The Surety hereby rvaives notice ofany change, including cbanges oftime, to re Construclion Contact or to relatcd subconaacts, purchase orders and other obligations, S 12 No suit or aclion shall bc commcnccd by a Ciaimant uoder this Bold other 0ran in a court olcdinpctentjurisdiction ir the state iD which the project lhat is tic subjcct oflhc Conslruction Cotrbact is localed or afler the expLation ofonc yeor ftom the date (1) oB which thc Clai!1ant scnt a Clajm lo the Surcty pur$lart lo Scction 5.1.2 ot 5.2, or (2) otr ryhich lhe last labor or service was pcrlormed by anyone or thc last malcrials ot equilment lycrc firmished by anyone under the Construction Contract, uliichever oi(1) or (2) first occurs. If thc provisions of this ?aragraph arc void or prohibited by larv, thc midDum period olljmitation available to sureties as a defense in thejurisdiction ofthc suit shallbc applicable, $ 13 Notice and CIaims to tle Sur0ly,0re ONner or fie Cortractor sball bc mailcd ordclivercd to thc addrcss shown on thcragc on which their sig0alure appears, Aclual rcccipt ofnoti0e or Claims, holvcvcr accomplished, shall be sufficicnt compliance as ofthe date reccived. S 14 When this Bond has bccn fumishcd to comply lrith a stalutory or olher legal requirement in lic location where the construction lvas to be pcrformed, any provision in this Bond conflictingrrith said statutory or legal requbement sh0llbc deemed deleted hcrcftom and provisions conforming to such stahrtory orother lcgal rcqu irement shall be dccmed incorporalcd herein. Whcn so fumishcd, thc irtcnt is that this Bond shall be construcd as a statutorybond and not as a coEuaon law bond. S 15 Upon request by any person or entity appearing to be I potential bcncficiary ofthis Bond, the Contractor and Olvner shal] promplly fumish a copy ofthis Bond orshollpemit o copy to be madc. S 16 Definitions S 16,1 C laim. A witten statement by tie Claimant including at a minimum: .1 the nome oflhe Claimant; ,2 tlte nome oflheperson for rvhom lhc laborlvas donc, ot matedals or equiprDent fufirished; ,3 a copy ofthc agrccmcnt or purchase ordcr pursuant to which labor, materials or equipment was fumished for usc in thc pcrformancc olthc Construction Contractj .4 a brief description ofthe labor, materials or equipment fumished; .5 the date on which llre Claimant last performed labor or last fumished matedals or equipment for usc in the pelfomlance ofthe Construction Contmct; .6 tlc total amount camcd by the Claimant for labor, materials or equipment fumished as of the dale ofthe Claio; .7 fte total amount ofprcvious paymcnts receivsd by the Claimanu atrd .8 the totBl smount due and unpaid to tle Claimalt for labor, materials or €quipment fiIoished as ofthe dato ofthe Claim. S 16.2 Claimant, An iodividual or entity havirg a dircct conllact wilh the CoBtractor or with a subcontractot ofthe Contractor to firmish labor, materials or equipment for use in the performance ofthe Conskuction Coobact. Thc tcrm Claimant also includes any individual or entity that has rightfully asserted a claim underan applicablc mcchardc's licn orsimilarstatute agahst the rcat property upon tvhich lhe Project is located. The iDteDt ofthis Bond shall be to include \vithout limitation in tic tcrms "labor, materials or equipmetrt" tlat part of \\ater, gas, porver, lighl heat, oil, gasoline, tclephone service or rcntal cquipmcit used in the Colsfruatio! Cotrtract, architectural and engineerirg services required for performalce ofthe rvork ofthe Conkactor and the Conlractofs subcortractoB, and all ofier iterns for which a mechanic! lien may be asserted in thcjurisdiction whcrc tlrc labor, m0tedals or equipmetrt lverc fumished. S 16.3 construction Contract. The agreemen! between the Orvner ord Conhactor identificd otr thc covcr page, including all Contract Documetts and all cbanges rnade to the ogreement ond the Contrac[ Documents. s-21 49/AS 8/1 0 S '16.4 owner Default. Failure ofthe oiwer, rvhich has not been renedied or waived, to pay the ConEactor as rcquircd undcr thc Conltructionco kact or to pe.form ard complete or comply rvilh tle otier material tcrms ofthe construction contract. S 16.6 Contract Documents, All the documenls tlat comprise the agrcement bellveen (he Owner and Coolraclor. $ 17 If this Bond is issued for an sgreement betwgeo a Contmctor ar)d subcont-ractor, the term Contrsctor in this Bond shail bc dccmcd to bc Subcontractor ar)d the tern Orvnershall be deemed to be CoflEactor. S 18 Modilications to this bond ore as follorvs; (space is pt ovided belov lor addirionol sighortl,es of added parries, orher rhon rhose appearitry on the covet poge.) CONTRACTOR AS PRINGIPAL SURETYCornpany: (Corporote Sea!) Company: Signature:Signature: NarDe and Title: Address Name and Title: Addrcss (Corporue Seal) s-2149/AS 8/10 KNOW ALL I\,1EN BY THESE PRESENIS THAT Nalionwide Mutual lnsurance Company, an Ohio corporalion Farmland Mutual lnsurance Company, an lowa corporation Naiionwide Agribusiness lnsurance Company, an lowa corporalion Power of Attorney AMCO lnsurance Company, an lowa corporation Allied Property and Casualty lnsurance Company, an lowa corporation Depositors lnsurance Company, an lowa corporalion hereinalter relerred 1o severally as the "Company" and collectively as the "Companies," each does hereby make, constitute and appoint Elizabcth A. Schneicler and other obligatory instruments of similar nalure, in penalties not exceeding the sum of oNE NIILLION AND NO/t00 I)OLLARS $t,000,000.00 and to bind the Companythereby, as lully and to the same exlent as if such instruments were signed bythe duly authorized officers of the Company;and all acts ol said Atlorney pursuant to the authority given are hereby ratified and confirmed. This power of attorney is made and executed pursuanl lo and by authority of the following resolulion duly adopted bythe board of directors ol the Company: "RESOLVED,lhat the president, or any vice president be, and each hereby is, authorized and empoweredto appoinl attorneys-in{act of the Company, and to aulhorize them lo execule and deliver on behal, of the Company any and all bonds, forms, applications, memorandums, undertakings, recognizances, transfers, contracls ol indemnity, policies, contracts guaranteeing the lidelity ol persons holding positions ol public or private trust, and otherwitings obllgalor in nature thatthe business of the Company may require; and lo modiiy or revoke, wilh orwithout cause, any such appointment or authority;provided, however, that the authoritygranted herebyshall in no way limil the authorily of other duly authorized agents to sign and countersign any of said documenls on behalf ol the Company." 'RESOLVED FURTHER, thal such attorneys-in{act shall have full power and authority to execute and deliver any and all such documents and to bind the Company subjecl to the terms and llmitations ol the power of attorney issued to them, and to aflix the sealol the Company thereto; provided, however, that said seal shallnot be necessary for the validity of any such documents." This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company. Execulion of lnstruments. Any vice president, any assislant secretary or any assistant treasurer shall have the power and aulhority to sign or attesl all approved documenls, instruments, contracls, orother papers in connection with the operation ofthe business oithe company in addition to the chai.man ofthe board, the chief executive oflicer, president, treasurer or secrelary; provided, however, the signature of any of them may be printed, engraved, or stamped on any approved document, conlract, inslrument, or other papers of the Company. lN WITNESS WHEREOF, the Company has caused this instrument to be sealed 131 day ol Februarv, egjlL. and duly atlested by lhe signature ol ils oflicer the Terrance Williams, President and Chiel Operating Orlicer of Nationwide Agribusiness lnsurance Company and Farmland Lrutual lnsurance Company; and Vice President of Nationwide l\,4ulual lnsurance Company, A[rCO lnsurance Company, Allied Property and Casually lnsurance Company, and Depositors lnsurance Company ACKNOWLEDGMENT STATE OF IOWA, COUNry OF POLK: ss On this 131day of EgDIgAq, ?lllll, belore me came the above-named otficerlor the Companies aforesaid,to me personally known to be the officer described in and who execuled the preceding instrument, and he acknowledged the execution ofthe same, and being by me dulysworn, deposes and says,thal he istheotlicer ofthe Companies aforesaid, that the seals alfixed hereto are the corporate seals of said Companies, and the said corporate seals and his signature were duly affixed and subscribed to said inslrument bythe authority and direction of said Companies. i.{;ft}lrgs5-' ,, (SEAL a 6{&1*ss$i' i{Jfi}\'kg*' Sandy Alttz Nolrrirl S€d - Iowa Commission Ntrmb€r 1s278s My ComBission Expir€s MNr.h,U, 2or7 SEAL. $ts$>' ,Jrr-raV eg Nolary Public My Commission Expires March 24,2017CEBTIFICATE l, Robert W Horner lll, Secretary ol the Companies, do hereby certify that the foregoing is a full, true and correct copy of the original power ol attorney issued by the Company;thal the resolution included therein is a true and correcl kanscripl from the minutes olthe meetings olthe boards of directors and the same has notbeen revoked or amended in any manner;lhat said Terrance Williams was on the date of the execution ofthe foregoing power of attorneythe duly elected otficer oflhe Companies, and the corporate seals and hls signature as officer were duly atfixed and subscribed to the said instrument by the authority ol said board of directors;and the foregoing power ol attorney is still in full force and effect, lN wITNESS WHEREOF, I have hereunto subscribed my name as Secretary, and affixed the corporate seats of said Companies tnrs -afulday or Tcrnrr ar L.zo 11o This Power of Attorney Expires b?t t-- ,/- -" Secretary BDJ 1(03-r4) 00 March 24, 2017 Client#:7880 GRANITEEXC ACORD.," CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DOTYYYY) 112412017 TIlIS CERTIFICATE IS ISSUED AS A MATTEF OF INFORMATION ONLY AND CONFERS NO BIGHTS UPON THE CERTIFICATE HOLDER. THIS CEBTIFICATE DOES NOT AFFIRMATIVELY OB NEGATIVELY AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CEBTIFICATE OF INSUBANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSUREB(S), AUTHORIZED BEPRESENTATIVE OR PRODUCEF, AND THE CERTIFICATE HOLDEB. IMPORTANT: lI the certificate holder is an ADDITIONAL INSUBED, the policy(ies) must be endorsed. lI SUBROGATION lS WAIVED, subject to the terms and conditions ol the policy, certain poticies may require an endorsemenl. A statement on this certilicate does not confer rights to the certificate holder in lieu of such endorsement(s). [!][1cr Liz Sctrneider I 10677 38733 208-32'l -0101 AFFORDING COVERAG: INSURED N t1 L eschneider@ moreton.com 208 32'l -9300 INSUFEF D PBODUCER Moreton & Company - ldaho P.O. Box 191030 Boise, lD 83719 208 321-9300 Granite Excavation lnc 23 Warm Lake Highway Cascade, lD 83611 1115u6gp a Cincinnati lnsurance Company COVERAGES REVISION NUMBER THIS IS TO CERTIFY THAT THE POLICIES OF INSUBANCE LISTED BELOW HAVE BEEN ISSUED TOTHE INSURED NAMEDAAOVE FOBTHE POLICY PERIOD IND]CATED, NOTWITHSTANDING ANY REOU]REI\4ENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUI,4ENT WITH BESPECT TO WHICH THIS CERTIF1CATE MAY BE ISSUED OR IVAY PERTAIN, THE INSUBANCE AFFORDED AY THE POLICIES DESCBIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED AY PAID CLAIMS. INSR TYPE OF INSUBANCE SUB POLICY NUIlIBEB i,!I,UDDAYY A x coi,lr!!EBcraL GENERAT- LTABTLTTY EPPO2542s1 Form Attached GA233 2lO7 6/09/20'16 061091201 EACB OCCURRENCE sl 000 000 ENIEL)s500 000OLAIMS-IIAOE occun X FI/PD Deq:2,500 x MED EXP (An s10 000 PEBSONAL & AOV INJURY S,I 000 000 GEN.L AGGqEGATE LI[,I T APPL ES PER GENERAL AGGFEGATE 000 000 POLICY OTHER JECT LOC PFIOOUCTS. COMP/OP AGG 000 000 A AUTOMOBILE LIABILITY E840254251 610912016 06109120'l COMBINED S NGLE LIMII 1 000 000 x ALL OWNEO AUTOS BODILY NJUBY (Per person)s SCHEOULEO AUTOS NON,OWNEO AUTOS BODILY NJURY (P€r accidenl)s x x EFTY DAMAGE sH RED AUTOS s X x A x UMBBELLA LIAB x OCCUR CLAIMS.MADEEXCESS LIAB I-]ED FETENT ON B WORKEFS COMPENSATION PLOYEFS LIABILITY ANY PROPRIETOFL/PAFTNEFUEXECUTIVE OFF CEfu MEMBER EXCLUDED? DESCRIPTION OF OPERATIONS be ow EPP0254251 16DWS10081 06/09/2016 0410112016 0610912017 EACI] OCCUFBENCE s4,000.000 AGGBEGATE s4,000,000 S o4lo'112017 x E L EACH ACC OENT s1,000,000 E L D SEASE. EA EMPLOYEE s1,000,000 E.L. D SEASE. POLICY L r\l T $1,000,000 DESCRIPTION OF OPEFATIONS / LOCATIONS / VEHICLES (ACOnD ,01, Additional Femarls Sch.dul6, may b€ axached il more sprce is rcquircd) Re; East Washington & Carlton Sewer Main Beplacement NCELLATION @ 1988-2014 ACORD CORPOBATION. All rights reserved SHOULD ANY OF THE ABOVE DESCBIBED POLICIES BE CANCELLED BEFORE THE EXPIRAIION DATE THEREOF. NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PBOVISIONS, 0*y 4rn4 AUTHOFIZEO REPRESENTATIVE ACORD 2s (2014/01) 1 ot 1 #s893508/M824229 The ACOBD name and logo are registered marks ol ACORO ELISC kr CERTIFICATE NU[4BER: TNSUREF B . Alaska National lnsurance Co, INSUREN C: Ltu TsIrNSB IVVD City of Meridian its elected oflicials, oflicers, employees, agents, volunleers 33 E Broadway Ave. Meridian, lD 83642 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. CONTRACTORS' GOIVIMERCIAL GENERAL LIAEILITV BROADENEE ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Endorsement - Table of Contents: Coveraqe: Employee Benefi t Liability Coverage Unintentional Failure to Disclose Hazards.... Damage to Premises Rented to You Supplementary Payments ..... Medical Payments.....................,..... votuntary ijroperty pr'r'iiJdii icl,"'"irs; ;:i;; c;;;; cuitoay or conrror Liability Coverage (Coverage b.).--.-................... 180 Day Coverage for Newly Fonned or Acquired Organizations Waiver of Subrogation .................... Automatic Additional lnsured - Specifled Relationships:. Managers or Lessors of Premises; " Lessor of Leased Equipment;. Vendors,. Slate or Political Subdivisions - Permits Relating to Premises;. State or Political Subdivisions - Permits; and. Contractors'Operations Broadened Contractual Liability - Work Within 50' of Railroad Property ........ 2 7 o II 7. o. 9. a 10 10 10 10. 11. Property Damage to Borrowed Equipment........... 12, Employees as lnsureds - Specified Health Care Services: " Nurses;. Emergency l\4edical Technicians: and. Paramedics 13, Broadened Notice of Occurrence.................,.......14 B. Limits of lnsurance: The Commercial General Liability Limits of lnsurance apply to the insurance provided by this endorse- ment, except as provided below: 1. Employee Benefit Liability Goverage Each Employee Limit: $ 1,000,000 Aggregate Limit: $ 3,000,000Deductible: $ 1 ,000 3, Damage to Premises Rented to You The lesser of: a. The Each Orcurrence 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 lncludes copyrighted material of lnsurance Services Oflrce, lnc., wllh lts permission.GA 233 02 07 Page 1 of 15 Beoins on Paqe: 1. 2. J. 4. 5. 6. 6 V_oluntary Property Damage (Coverage a,) and Care, Custody or Control Liability Coverage (Coverage b.) Limits of lnsurance (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 a) b) c) d) e) Area Payroll Gross Sales Units Other RATE (For Limits in Excess of $5,ooo) ADVANCE PREMIUM (For Limits in Excess of $5,000) b Care, Custody or Control s TOTAL ANNUAL PREMIUM $ 11 , Property Damage to Borrowed Equipment Each Occurrence Limit: $ 10,000Deductible: $ 250 C. Coverages: 1 Employee Benefit Liability Coverage a. The following is added to SECTION I - COVERAGES: Employee Benefit Liability Coverage. (1) lnsuring Agreement (a) We will pay those sums that the insured becomes leqally obligated to pay as dam- ages caused by any act, er- ror or omission of the in- sured, or of any other per- son for whose acts the in- sured is legally liable, to which this insurance ap- plies. We will have the right and duty to defend the in- sured agalnst any "suit" seeking those damages. However, we will have no duty to defend against any "suit" seeking damages to which this insurance does not apply. We may, at our discretion, investigate any report of an act, error or omission and settle any claim or "suit" that may re- sult. But: 1) The amount we will pay for damages is limited as described in SEC- TION III . LIMITS OF INSURANCE; and 2) Our right and duty to defend ends when we have used up the ap- plicable lirnit of insur- ance in the payment ofjudgments or settle- ments. No olher obligation or liabil- ity to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Pay- ments. (b) This insurance applies to damages only if the act, er- ror or omission, is negli-gently commifled in the "ad m in istration " of your "employee benefit pro- gram"; and 1) Occurs during the pol- icy period; or 2) Occurred prior to the effective date of this endorsement provided: a) You did not have knowledge of a claim or "suit" on or before the ef- fective date of this endorsement. You will be deemed to have knowledge of aclaim oT "suit"when any "authorized repre- sentative"; lncludes copyrighted material of lnsurance Services Offlce, lnc., with its permission.GA 233 02 07 Page 2 of 15 i) Reports all, or any part, of theact, erroT or omission to usor any other lnsurer; ii) Receives a written or ver- bal demand or claim for dam- ages because of the act, er-ror or omis- sioni and b) There is no other applicable insur- ance. (2) Exclusions This insurance does not apply to: (a) Bodiiy lnjury, Property Damage or Personal and Advertising lnjury "Bodily injury", "property damage" or "personal and advertising injury". (b) Dishonest, Fraudu lent, Criminal or Malicious Act Damages arising out of anyintentional, dishonest, fraudulent, criminal or mali- cious act, error or omission, commitled by any insured, including the willful or reck- less violation of any statute. (c) Failure to Perform a Con- tract Damages arising out of fail- ure of performance of con- tract by any insurer. (d) lnsufficiency of Funds Damages arising out of an insufficiency of funds to meet any obligations under any plan included in the'employee benefit pro- gram". (e) lnadequacy of Perform- ance of Investment / Ad- vice Given With Respect to Participation Any claim based upon: 1) Failure of any invesl ment to perform; 2l Errors in providing in- formation on past per- formance of investment vehicles; or 3) Advice given to any person with respect to that person's decision to participate or not to parlicipate in any plan included in lhe "em-ployee benefit pro- gram,'. (0 Workers' Compensation and Similar Laws Any claim arising out of your failure to comply with the nrandatory provisions of any workers' compensation, unemploynrent compensa- tion insurance, social secu- rity or disability benefits law or any similar Iaw. (s) ERISA Damages for which any ln- sured is liable because of liability imposed on a llduci- ary by the Employee Re- tirement lncome Security Act of 1974, as now or hereafter amended, or by any similar federal, state or local Iaws. (h) Available Benefits Any claim for benefits to the extent that such benefits are available, with reason- able effort and cooperation of the insured, from the ap- plicable funds accrued or other collectible insurance. (i) Taxes, Fines or Penalties Taxes, fines or penalties, including those imposed under the lnternal Revenue Code or any similar state or local law. [i) Employment-Related Practices Any liability arising out of any: (1) Refusalto employ; (2) Terminalion of em- ployment; (3) Coercion, demotion, evaluation, reassign- ment, discipline, defa-mation, harassment, humiliation, discrimina- tion or other employ- lncludes copyrighted material of Insurance Services Offlce, lnc., with its permission.GA 233 02 07 Page 3 of 15 ment-related practices, acts or omissions; or (4) Consequential liability as a result of (1), (2) or (3) above. This exclusion applies whether the insured may be held liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. (3) Supplementary Payments SECTION I . COVERAGES, SUPPLEMENTARY PAY. MENTS-COVERAGESAAND B also apply to this Coverage. b. Who is an lnsured As respects Employee Benefit Liabil- ity Coverage, SECTION Il - WHO IS AN INSURED is deleted in its en- tirety and replaced.by the following: (1) lf you are designated in the Declarations as: (a) An individual, .you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner- (b) A partoership or joint ven- ture, you are an insured. Your members, your part- ners, and their spouses are also insureds but only with respect to the conduct of your business, (c) A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business.Your managers are in- sureds, but only with re- spect to their duties as your managers. (d) An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers'' and di- rectors are insureds, but only with respect to their duties as your officers or di- rectors. Your stockholders are also insureds, but only with respect to their liability as stockholders. (e) A trust, you are an insured. Your lrustees are also in- sureds, but only with re- spect to their duties as trustees. (2) Each of tlre following is also an insu red: (a) Each of your "employees" who is or was authorized to administer your "employee beneflt program". (b) Any persons, organizationsor "employees" having proper temporary authori- zation to administer your "employee benefit program" if you die, but only until your legal representative is ap- pointed. (c) Your legal represenlative if you die, but only with re- spect to duties as such.That representative wlll have all your rights and du- ties under this Coverage Pa rt. (3) Any organization you newly ac- quire or form, other than a part- nership, joint venture or limited liability company, and over which you maintain ownership or majority interest, will qualify as a Named lnsured if no other similar insurance applies to that organization. However, cover- age under this provision: (a) ls afforded only until the '180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; and (b) Does not apply to any act, error or omission that was committed before you ac- quired or formed the or- ganization, Limits of lnsurance As respects Employee Benefit Liabil- ity Coverage, SECTION lll - LIMITS oF INSURANCE is deleted in its en- tirety and replaced by the following: (1) The Limits of lnsurance shown in Section B. Limits of lnsur- ance, 1. Employee Benefit Li- ability Coverage and the rules below fix the most we will pay regardless of the number of: (a) lnsureds; c lncludes copyrighted material of Insurance Services Offlce, lnc., with its permission.GA 233 02 07 Page 4 of 15 (b) Claims made or "suits" brought; (c) Persons or organizations making claims or bringing "suits"; (d) Acts, errors or omissions; or (e) Benefits included in your "employee benefit pro- gram,,. (2) The Aggregate Limit shown in Section B, Limits of lnsurance, 1. Employee Benefit Liability Coverage of this endorsement is the most we will pay for all damages because of acts, er-rors or omissions negligently commifted in the "administra- tion" of your "employee beneflt program". (3) Subject to the limit described in (2) above, the Each Employee Limit shown in Section B. Limitsof lnsurance, f. Employee Benefit Liability Coverage of this endorsement is the most we will pay for all damages sus- tained by any one "employee", including damages sustained by such "employee's" dependents and beneficiaries, as a result of: (a) An act, error or omission; oT (b) A series of related acts, er- rors or omissions, regard- less of the amount of time that lapses between such acts, errors or omissions, negligently committed in the "administration" of your "em- ployee benefit program". However, the amount paid un- der this endorsement shall not exceed, and will be subject to the limits and restrictions that apply to the payment of benefits in any plan included in the "em- ployee benefit program". (4) Deductlble Amount (a) Our obligation to pay dam- ages on behalf of the in- sured applies only to the amount of damages in ex-cess of the deductible amount stated in the Decla- rations as applicable to Each Employee. The limits of insurance shall not be reduced by the amount of this deductible. (b) The deductible amount stated in the Declarations applies to all damages sustained by any one "em-ployee", including such "employee's" dependents and beneficiaries, because ol all acts, errors or omis- sions to which this insur- ance applies. (c) The terms of this insurance, including those with respect lo: 1) Our right and duty to defend the insured against any "suits" seeking tltose dam- ages; and 2) Your duties, and the duties of any other in- volved insured, in the event of an act, erroT or omission, or claim, apply irrespective of the application of the deductible amount. (d) 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. d. AdditionalConditions As respects Employee Beneflt Li. ability Coverage, SECTION lV - COMMERCIAL GENERAL LIABIL- ITY CONDITIONS is amended as follows: (1) ltem 2. Duties in the Event of Occurrence, Offense, Glaim or Suit is deleted in its entirety and replaced by the following: 2. Duties in the Event of an Act, Error or Omission, or Claim or Suit a. You must see to it that we are noti- fied as soon as practicable of an act, enor or omission which may result in a claim. To the extent possible, no- tice should include: (1) What the act, error or omission was and when it occurred; and (2) The names and addresses of anyone who may suffer dam- ages as a result of the act, eTror or omtsston. lncludes copyrighted material of lnsurance Services Office, lnc., with its permission,GA 233 02 07 Page 5 of '15 b. lf a claim is made or "suit" is brought against any insured, you must: ('l) lmmediately record the speci,lcs 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) lmmediately send us copies ofany demands, notices, sum- monses or legal papers re- ceived in connection with the clalm or "suit"; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investi- gation or settlement of the clairror defense against the "suit"; and (4) Assist us, upon our request, in the enforcement of any right against any person or otganiza- tion which may be liable to the insured because of an act, error or omission to which this insur- ance may also apply. 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) ltem 5, Other lnsurance is de- leted in its entirety and replaced by the following: 5, Other Insurance lf other valid and collectible insurance is available to the insured for a loss we cover under this Coverage Part, our obligations are Iimited as follows: Primary Insurance This insurance is pri- mary except when c, below applies. lf 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 lf all of the other insur- ance permits conlribu- 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 ofthe loss remains, whichever comes flrsl lf 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. AdditionalDefinitions As respects Employee Benefit Li. ability Coverage, SECTION V - DEFINITIONS is amended as fol- lows: (1) The following deflnitions are a dded: ''Administration" means: a. Providing information to "employees", including their dependents and beneficiaries, with re- spect to eligibility for or scope of ''employee benefit programs"; lnterpreting the "em- ployee beneflt pro- grams"; records in with the benefit pro- d. Effecting, continuing or terminating any "em- ployee's" participation d 1 b. c Handling connection "employee grams"; or lncludes copyrighted material of lnsurance Services Offlce, lnc., with its permission.GA 233 02 07 Page 6 of 15 in any benefit included in the "employee bene- fit program''. However, "administration" does not include: a. Handling payroll de- ductions; or b. The failure to elfect or maintain any insuranceor adequate Iimits of coverage of insurance, including but not limitedto unemployment in- surance, social security benellts, workers' com- pensation and disability beneflts. 2, "Cafeteria plans" mcans plan authorized by applica- ble law to allow "employ- ees" to elect to pay lor cer- tain benefrts with pre-tax dollars. 3. "Employee benefit pro- gTams" means a program providing some or all o[ the tollowing benefits to "em- ployees", whether provided through a "cafeteria plan" or otherwise: a. Group life insurance;group accident or health insurance; den- tal, vision and hearingplans: and flexiblespending accounts; provided that no one other than an "em- ployee" may subscribeto such benefits and such benefits are made generally available to those "employees" who satisfy the plan's eligi- bility requirements; b, Profit sharing plans,employee savings plans, employee stock ownership plans, pen- sion plans and stocksubscription plans, provided that no one other than an "em- ployee" may subscribeto such benefits and such benefits are made generally available toall "employees' who are eligible under the plan for such benelits; c. Unemployment insur- ance, social security 2 benefits, workers' com- pensation and disability beneflts; and d, Vacation plans, includ- ing buy and sell pro- grams; leave of ab- sence programs, in- cluding military, mater- nity, family, and civil leave; tuition assis- tance plans; transpor- tation and health club subsidies. (2) The following definitions are deleted in their entirety and re- placed by the following: 21. "Suit" means a civil pro- ceeding in which money damages because of an act, erToT or omission to which this insurance applies are alleged. "Suit" includes: a- An arbitration pro- ceeding in which such damages are claimed and to which the in- sured must submit or does submit with our consent; b. Any other alternative dispute resolution pro- ceeding in which such damages are claimed and to which the in- sured submits with our consent; or c. An appeal oI a civil proceeding. 8. "Employee" means a per- son actively employed, for- merly employed, on leave of absence or disabled, orretired. "Employee" in- cludes a "leased worker". "Employee" does not in- clude a "temporary workei'. Unintentional Failure to Disclose Haz' ards SECTION IV . COMMERCIAL GENERAL LIABILITY CONDITIONS, 7. Represen- tations is hereby amended by the addi- tion of the followlng; Based on our dependence upon your representations as to existing hazards, if unintentionally you should fail to disclose all such hazards at the inception date of your policy, we will not reject coverage under this Coverage Part based solely on such failure. lncludes copyrighted material of lnsurance Services Offlce, lnc., with its permission.GA 233 02 07 Page 7 of '15 3 Damage to Premises Rented to You a. The last Subparagraph of Paragraph2, SECTION I . COVERAGES, COVERAGE A. . BODILY INJURY AND PROPERTY DAMAGE, 2. LI- ABILITY Exclusions is hereby de- leted and replaced by the following: Exclusions c. through q, do not apply to damage by fire, explosion, Iight- ning, smoke or soot to premises while rented to you or temporarily occupied by you with permission of the owner. b, The insurance provided under SEc- TION I - COVERAGES, COVERAGEA. BODILY INJURY AND PROP. ERTY DAMAGE LIABILITY applies to "property damage" arising oul of water damage to premises that are both rented to and occupied by you. (1) As respects Water Damage Le-gal Liability, as provided in Paragraph 3,b. above: The exclusions under SECTIoNI . COVERAGES, COVERAGEA. BODILY INJURY AND PROPERTY DAMAGE LIABIL. ITY, 2. Exclusions, other than i, War and the Nuclear Energy Liability Exclusion, are deleted and the following are added: This insurance does not apply to: (a) "Property damage": 1) Assumed in any con- tract; or 2) Loss caused by or re- sulting from any of the following: a) Wear and tear: b) Rust, corToslon,fungus, decay, deterioratlon, hid- den or latent de- fect or any qualityin property that causes it to dam- age or destroy it- self; c) Smog; d) Mechanicalbreakdown in- cluding rupture or bursting causedby centrifugal force; Includes copyrighted material of lnsurance Services Office, Inc., with its permission. e) Settling, cracking, shrinking or ex- panston; or f) Nesting or infesta- tion, or dischargeor release of waste products or secretions, by in- sects, birds, ro- dents or other animals. (b) Loss caused directly or indi- rectly by any of the follow- tng: 1) Earthquake, volcanic eruption, Iandslide or any other earlh move- ment; 2) Water that backs up or overflows from a sewer, drain or sump; 3) Water under the glound surface press- ing on, or flowing or seeping through: a) Foundations, walls, floors oT paved surfaces; b) Basements, whether paved or not; or c) Doors, windows or other openings. (c) Loss caused by or resulting from water that leaks or flows from plumbing, heat- ing, air conditioning, or flre protection systems caused by or resulting from freez- ing, unless: 1) You did your best to maintain heat in the building or structure; or 2) You drained the equipment and shut off the water supply if the heat was not main- tained. (d) Loss to or damage to: 1) Plumbing, heating, air conditioning, fire pro- tection systems, oT other equipment or ap- pliances; or 2) The interior of any building or structure, or to personal property in the building or structure GA 233 02 07 Page 8 of 15 c. Limit of lnsurance The Damaqe to Premises Rented to You Limit as shown in the Declara tions is amended as follows: (2) Paragraph 6. of SECTION lll . LIMITS OF INSURANCE is hereby deleted and replaced by the following: 6. Subject to 5. above, theDamage to Premises Rented to You Limit is the most we will pay under COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, fordamages because of "property damage" to premises while rented to you or temporarily occupied by you with permisslon 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 lnsurance, 3. Dam- age to Premises Rented to You of this endorsement. 4. SupplementaryPayments 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 lnsurance, 4.a. Bail Bonds of this endorsement for cost of bail bonds required because of accidents or traffic iaw violations arising out of the use of any vehicle to which the Bodily lnjury 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 oJr request to assis't us in the investioation or defense of the claim or "suit", including actual loss of earnings up to the limit shown in Section B. Limits of lnsurance, 4.b. Loss of Earnings of this en- dorsement per day because of time off from work. caused by or resulting from rain, snow, sleet or ice, lvhether driven by wlnd or not. 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 lnsurance, 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 wiil make these payments regardloss of fault. b, Care, Custody or Control Liability Coverage SEGTION 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" tothe 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 lnsurance 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 Contro, Liability Coverage of this endorsement with respect to cover- age provided by this endorsement. These limits are inclusive of and notin addition to the limits being re-placed. The Limits of lnsurance 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) lnsureds; (2) Claims made or "suits" brought; or (3) Persons or ing claims or organizations mak- bringing "suits". lncludes copyrighted material of lnsurance Services Office, Inc., with its permission.GA 233 02 07 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 "occuffence'' which are in ex- cess of lhe deductible amount stated in Sectlon B. Limits of lnsurance, 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 notilication 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 ll - WHO lS AN INSURED is amended as follows: Subparagraph a. of Paragraph 4, is hereby deleted and replaced by the fol- lowing: a. lnsurance 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 LlABlLlry CONDITIONS, I. 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 lnsured - Speci- fied Relationships a. The Iollowing 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 addl- 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 that 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 elfect orbecomes effective during the policy pe- riodi and 2) Executed prior to an "occurt-ence" 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 Pa rt. (2) Only the following persons or organizations are additional in- sureds under this endorsement, and insurance coyerage 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 lncludes copyrighted material of lnsurance Services Off'lce, lnc., with its permission.GA 233 02 07 Page 10 of 15 you cease to be a ten- ant in that premises. 2) Structural alterations,new construction or demolition operations perlormed by or on be- half of such additional insured. (b) Any person or organizationfrom which you lease equipment with whom you have agreed per Pat agraph 9.a,(1) above to provide in surance. Such person(s) or organization(s) are insureds solely with respect to their liability arising out of the maintenance, operation or use by you o[ equipment leased to you by such per- son(s) or organizations(s). However, this insurance does not apply to any "oc- currence" which takes place after the equipment lease exprres. (c) Any person or organization (referred to below as ven- dor) with whom you haveagreed per Paragraph 9,a,(1) above to provide in- surance, but only with re- spect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the ven- dor's business, subject to the following additional ex- clusions: 1) The insurance afforded the vendor does not apply to: a) "Bodily injury" or "property damage" for which the ven, dor is obligated topay damages by reason of the as- sumption of liabil- ity in a contract or agreement. This exclusion does not apply to liability for damages that thevendor would have in the ab- sence of the con-tract or agree- ment; b) Any express war- ranty unauthorized by you; c) Any physical or chemlcal Ghangein the product made intentionally by the vendor; d) Repackaging, un-less unpacked solely for the pur- pose of inspection, demonstration, testing, or thesubstitution ofparts under in- structions from the manufacturer, andthen repackagedin the original container; e) Any failure tomake such in- spections, adjust- ments, tests or servicing as thevendor has agreed to make or normally under- takes to make in the usual courseof business, in connection with the distribution or sale of the prod- ucts; f) Demonstralion, in- stallation, seNic- ing or repair op- erations, exceptsuch operations performed at the vendor's premises in connection withthe sale of the producti g) Products which, after distribution or sale by you, have been labeled or relabeled or usedas a container, part or ingredient of any other thing or substance bv or for the vendor. ' 2) This insuTance d not apply to any sured person or ganization: oes in- or- a) From whom youhave acquired such products, orany ingredient, part or container, entering into, ac- GA 233 02 07 lncludes copyrighted material of lnsurance Services Otflce, lnc., with its permission.Page 11 of 15 companyrng containing products; or OT SUCh b) When liability in- cluded wilhin the "products- completed opera- tions hazard" hasbeen excluded under this Cover- age Part with re-spect to such products. (d) Any state or political subd vision with which you haveagreed per Paragraph 9.a,(1) above to provide in- surance, subject to the foL- lowing additional provision: This insurance applies only with respect to tlre following hazards for which the state or political subdivision has issued a permit in connec- tion with premises you own, rent or control and to which this insurance applies: 1) The existence, mainte- nance, repair, con- struction, erection, or removal of. advertising stgns, awnrngs, cano- pies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decora- tions and similar expo- sures; or 2) The construction, erec- tion, or removal of ele- vators; or 3) The ownership, main- tenance, or use of any elevators covered by this insurance. (e) Any state or political subdi- vision with which you have agreed per Paragraph 9.a.(1) above to provide in- surance, subject to the fol- lowing provisions: 1) This insurance applies only with respect to op- erations performed by you or on your behalf for which the state or political subdivision has issued a permil 2) This insurance does not apply to ''bodily in-jury", ''property dam- age" or "personal and advertising injury" aris- ing out of operations performed for the state or political subdivision. (f) Any person or organization with which you have agreedper Paragraph 9.a.(1) above to provide insurance, but only with respect to li- ability arising out of "your work" performed for that additional insured by you or on your behalf. A person or organization's status as an insured under lhis provislon of this endorsement contin- ues fo: only the period of time required by the wriften contract or agreement, but in no event beyond the ex- piration date of this Cover- age Part. lf there is no written contract or agree- ment, or if no period of time is required by the written contract or agreement, aperson or organlzation's status as an insured underthis endorsement ends when your operations for that insured are completed. (3) Any insurance provided to an additional insured designated under Paragraph 9,a.(2): (a) Subparagraphs (e) and (0 does not apply to "bodily injury" or "property damage" included within the "prod- ucts-completed operations hazard"i (b) Subparagraphs (a), (b), (d), (e) and (f) does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the sole negligence or willful misconduct of the additional insured or their agents, "employees" or any other representative of the additional insured; or (c) Subparagraph (f) does not apply to "bodily injury", "property damage" or "per- sonal and advertising injury" arising out of: 1) Defects ln design fur- nished by or on behalf lncludes copyrighted material of lnsurance Services Offlce, lnc.. with its permission.Page 12 of 15c4233 02 07 of the additional in- sured; or 2) The rendering of, or failure to render, any professional architec- tural, .engineering .orsurveytng servlcos, tn- cluding: a) The preparing, approving or fail- ing to prepare orapprove maps,shop drawings, opinions, reports, surveys, field or- ders, change or- ders or drawings and speciflcations; and b) Supervisory, in- spection, archi- tectural or engi- neering activities. 3) "Your work" for which a consolidated (wrap-up) insurance program has been provided by tlre primecontractor-project manager or owner of the construction pro.ject in which you are in- volved. b. Only with regard to insurance pro- vided to an additional insured desig- nated under Paragraph 9.a.(2) Sub- paragraph (f) above, SECTION lll - LIMITS OF INSURANCE is amended to include: The limits applicable to the additional insured are those specified in lhe written contract or aqreement or in the Declarations rif this Coverage Part, whichever are less. lf no limits are specified in the written contract or agreement, or if there is no written contr€ct or agreement, the limits ap- plicable to the additional insured are those specified in the Declarations of this Coverage Part. The limits of in- surance are inclusive of and not in addition to the limits of insurance shown in the Declarations. c, SECTION IV . COMMERCIAL GEN- ERAL LIABILITY CONDTTTONS is hereby amended as follows: (1) Condition 5. Other lnsurance is amended to include: (a) Where required by a written contract or agreement, this insurance is primary and /or noncontributory as re- spects any other insurance policy issued to the addi- tional insured, and such other insurance policy shall be excess and / or noncon- tributing, whiGhever applies, with this insurance. (b) Any insurance provided by this endorsement shall be primary to other insurance available to the additional insured except: 1) As otherwise providedin SECTION lV COMMERCIAL GEN-ERAL LIABILITY CONDITIONS, 5. Other lnsurance, b. Excess lnsurance;or 2) For any other valid and collectible insurance available to the addi- tional insured as an addjtional insured by attachment of an en- dorsement to another insurance policy that is writlen on an excessbasis. In such case, the coverage provided under this endorse- ment shall also be ex- cess. (2) Condition 11. Conformance to Specific Written Contract or Agreement is hereby added: 11. Conformance to SpecificWritten Contract or Agreement With respect to additional insureds described in Para- graph I.a.(2XE above only: lf a written contract or agreement between you and the additional insured specifies that coverage for the additional insured: a. Be provided by the ln- surance Services Of- fice additional insured form number CG 20 10 or CG 20 37 (where edition specified); or b, lnclude coverage for completed operations; ot c. lnclude coverage for "your work"; and where the limits or cov- erage provided to the addi- lncludes copyrighted material of lnsurance Services Offlce, lnc., with its permission.GA 233 02 07 Page 13 of 15 tional insured is more re- strictive than was specifi- cally required in that written contract or agreement, theterms of Paragraphs 9.a.(3)(a), e.a.(3)(b) oi 9.b. above, or any combination thereof, shall be inlerpreted as providing the limits or coverage required by the terms of the written contract oT 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. lf, how- ever, the wlitten contract or agreement specifies the ln- surance Seruices Office additional insured form number CG 20 10 but does not specity which edition, or specilles an edition that does not exist, Paragraphs s.a.(3xa) and 9.a.(3)(b) of this endorsement shall not appty and Paragraph 9.b. of this endorsement shall ap- plv. 10. Broadened Contractual Liability - Work Within 50' of Railroad Property It is hereby agreed that Paragraph f.{1} ol Definition 12. "lnsured contract" (SEC- TION V - DEFINITIONS) is deleted. 11. Property Damage to Borrowed Equip. ment a. The following is heieby added to Ex- clusion j. Damage to Property of Paragraph 2., Exclusions of SEC- TION I - GOVERAGES, COVERAGEA. 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 lnsurance, 11. of this endorsement with respectto coverage provided by this endorsement. These limits are inclusive of and not in addition to the limits being replaced. The Limits of lnsurance shown in Section B. Limits of lnsurance, 11 , of this endorsement fix the most we will pay in any one "oc- currence" regardless of the number of: (a) lnsureds; (b) Claims made or "suits" brought; or (c) Persons making "suits". or organizations claims or bring (2) Deductible Clause (a) Our obligation to pay dam- ages on youT behalf applies only to the amount of dam- ages for each "occurrence" which are in excess of the Deductible amount stated ln Section B. Limits of lnsur- ance, 11, of this endorse- ment. The limits of insur- ance will not be reduced by the application of such De- ductible amount. (b) Conditlon 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 pad 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 has been paid by us. 12. Employees as lnsureds - Specified Health Care Services It is hereby agreed that Paragraph 2.a.(1Xd) of SECTION ll - WHo lS AN INSURED, does not apply to your "em- ployees" who provide professional health care seryices 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 inthe Event of Occurrence, Offense, Claim or Suit (SECTION IV - COMMER.CIAL GENERAL LIABILITY CONDI. lncludes copyrighted material of lnsurance Services Office, lnc., with its permission.GA 233 02 07 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 of[ense 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 appljes only when the "occurrence" or offense is known to an "authorized representative"- GA 233 02 07 lncludes copyrighted material of lnsurance Services Office, lnc., with its permission.Page 15 of 15 IDSOS Search Results Search Result Summary IDAHO SECRETARY OF STATE Search Results Page 1 of I Lawerence Denney, Secretary of State Filed 28 Apr 2004 CORPORATIO N GOODSTANDING I New Search ] Search Results 1 through 1 ( GRANITE EXCAVATION, INC, .,, GRANITE EXCAVATION, INC. ) GRANITE EXCAVATION, INC. rview oetailst Organizational ID / Filing number: Cl544L2 23 WARM LAKE HWY CASCADE, ID 83611 Td^h6 qc.raterv r1f qteto'< Main pana State of ]da ho Home Paqe Comments, questions or suggestions can be emailed to: sosinfo@sos.idaho.oov https ://www.accessidaho. org/public/sos/corp/search.html 1t2012017 PublicWorks Search Page I of I .{ print Colpoanv License Work Lioense License Name Number Categorv l'vpc Class Slritlrs A!I]Iir.rrrt Qygl Comlrnr I i'nrI]!U ljlllarD ConrOElJ .., I rniratiorr Nrrnrc \ame AJrlres. Lj.11 S1i1!- 7;6J; l:l'u" D;. Parent Licensc Number 1655€ 00002, 01570, 02220. 02230. 02310, 02318, 02500, o2720. 02740. 02910, 18700 24 G€nnr UNL,MITED ACTIVE Excsvation, tnc cAscAoE o 836r1 (208) 342 6RA|2A17 41a8 https://web.dbs.idaho.gov/etrakit3/Custom/ldaho PublicWorksPrint.aspx 1120t2017 IDSOS Viewing Business Entity Page 1 of} IDAHO SECRETARY OF STATE Viewing Business Entity Lawerence Denney, Secretary of State I New Search ] [ Back to Summary ] I Get a certificate of existence for GRANITE EXCAVATION, INC. ] I Monitor GRANITE EXCAVATION, INC. business filings ] GRANTTE EXCAVATTON, rNC. 23 WARM LAKE HWY CASCADE, ID 83611 Type of Business: CORPORATION, GENERAL BUSINESS Status: GOODSTANDING State of Origin: IDAHO Date of 28 Apr 2OO4 Origination/Authorization : Initial Registered Agent: WETTE DAVIS 19 WARM LAKE HWY CASCADE, ID 83611 Organizational ID / Filing C1544L2 Number: Number of Authorized Stock 1000 Shares: Date of Last Annual Repoft: 22 Feb 2Ot6 Annual Report Due: Apr 2017 Original Filing: I Help Me Print/View TIFF ] Filed 28 Apr 2OO4INCORPORATION View Imaoe (pDF format) View Image (TIFF format) Annual Reports: I Help Me Print/View TIFF ] Report for year 2016 ANNUAL REPORT View Document Online Report for year 2015 ANNUAL REPORT View Document Online Report for year 2OL4 ANNUAL REPORT View Document Online Report for year 2013 ANNUAL REPORT View Document Online Report for year 2Ol2 ANNUAL REPORT View Document Online Report for year 2011 ANNUAL REPORT View Document Online Report for year 2O1O ANNUAL REPORT View Document Online Report for year 2OO9 ANNUAL REPORT View Document Online Report for year 2OO8 ANNUAL REPORT View Document Online Report for year 2OO7 ANNUAL View Image (pDF format) ViewREPORT Image (TIFF format) Report for year 2006 ANNUAL View Image (pDF format) ViewREPORT Image (TIFF format) http s : //www. ac ce s s i daho . or gl pub 1 i c/s o s/c o rp I C I 5 4 4 12 .html U27 12017 Meridian City Council Meeting DATE: February 7, 2017 ITEM NUMBER: 5Q PROJECT NUMBER: ITEM TITLE: Agreement for Professional Services Agreement for Professional Services between the City of Meridian and Elite Extrication & Equipment for Maintenance on Fire Department TNT Extrication Equipment MEETING NOTES go Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS AGREEMENT FOR PROFESSIONAL SERVICES TNT Extrication Equipment Maintenance Contract #10714 THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this 6th day of December, 2016, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and Elite Extrication & Equipment, hereinafter referred to as "CONSULTANT", whose business address is 251 W. Tallulah Dr., Kuna, ID 83634. INTRODUCTION Whereas, the City has a need for services involving TNT EXTRICATION EQUIPMENT MAINTENANCE SERVICES, and WHEREAS, the Consultant is specially trained, experienced and authorized TNT Equipment service representative 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. 1.2 All documents, drawings and written work product prepared or produced by the Consultant under this Agreement, including without limitation electronic data files, are the property of the Consultant; provided , however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Consultant may copyright the same, except that, as to any work which is copyrighted by the Consultant, the City reserves a royalty -free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. TNT Extrication Equipment Maintenance Page 1 of 10 PROJECT # 10714 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, 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 $3,925.00 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, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Consultant shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon completion of the agreed upon services, September 30, 2017 or unless some other method or time of termination is listed in Attachment A. TNT Extrcaticn Eq--j,Pment Maintenance Page 2 of 10 PROJECT # 10714 3.2 The City reserves the right to extend the contract based on the terms and conditions and attached specifications for up to two (2) — one year periods from the date of initial expiration, provided such extension/s is within the budget the is authorized by the City, and the extension is mutually agreeable to both the City and Contractor. 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: CONSULTANT shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the negligent acts and/or errors or omissions by the 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 employees. CONSULTANT shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance in the minimum amounts as follow, General Liability One Million Dollars ($1,000,000) per incident or occurrence, Professional Liability / Professional errors and omissions One Million Dollars ($1,000,000) aggregate, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance , in the statutory limits as required by law. The CITY shall be named an additional insured on both General Liability and Automotive policies. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONSULTANT 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 Consultant or Consultant's TNT Extrication Equipment Maintenance Page 3 of 10 PROJECT # 10714 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. 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. 6. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: CITY City of Meridian Purchasing Manager 33 E Broadway Ave Meridian, ID 83642 208-888-4433 Email: kwatts@meridiancity.org CONSULTANT Elite Extrication & Equipment Attn: Tyler Bryner, President 251 W. Tallulah Dr. Kuna, ID 83634 Phone: 208-407-4562 Email: E3equipment@gmail.com 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 TNT Extr cation Equ pment Maintenance Page 4 of $ 0 PROJECT # 10714 any of its rights under this Agreement except upon the prior express written consent of CITY. 10. Discrimination Prohibited: In performing the Services required herein, CONSULTANT shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 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. TNT Extrication Equipment Maintenance Page 5 of 10 PROJECT # 10714 16. Termination: If, through any cause, CONSULTANT, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the 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 TNT Extrication Equipment Maintenance Page 6 of 10 PROJECT # 10714 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. 21. Confidentiality: Consultant understands and acknowledges that all tests and resu Its (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 ELITE EXTRICATION & EQUIPMENT B TAMMY de W RD, MAYOR Dated, j 7/__ X17 Approved by Council: Attest: CJ COL S, CIT CLERK Purchasin ppr al BY: Z/z/,,�O� KEITH ATTS; Purchasing anager Dated*: --, 7-Zail Project Manager David Jones TNT Extrication Equipment Maintenance PROJECT # 10714 TYLER BRYNER Dated: /,p —,-;t - 0) D/ el O W J,t1 �o �9 D�epartqke t A r al 8Y. M K NI EER, Fire Chief Dated:: 0 - d� - /6 Page 7 of 10 Attachment A SCOPE OF WORK Requirements: All work must be completed by a certified and authorized TNT service representative. Maintenance service to be provided annually on the following TNT Extrication Equipment: Hydraulic Pump Unit(s): • Clean and Inspect for wear and/or damage • Inspect hydraulic hoses for cuts and/or abrasions • Clean and check quick disconnects for proper operation • Check line pressure and adjust pressure relief valve, if needed • Refill reservoir with clean mineral base hydraulic fluid • Change engine oil according to manufacturer recommendations • Clean and service air cleaner • Inspect and clean spark plug • Start engine and adjust carburetor, if necessary • Perform line pressure test on side A and side B • Provide a written checklist of work completed and areas of concern Spreader Unit(s): • Clean and inspect for excessive wear and/or damage • Remove arms, clean and inspect pivot areas, rack and gear assembly • Remove rack shield and straighten, if needed • Lubricate rack, spreader arm gear and pivot pins • Clean and inspect fittings, hoses and quick disconnects • Check line hydraulic pressure • Provide a written checklist of work completed and areas of concern TNT Extrication Equipment Maintenance Mage B of 10 PROJECT # 10714 Cutter Unit(s) • Clean and inspect for excessive wear and/or damage • Remove, clean and inspect center bolt, blades, knuckle housing, friction plates, and cutter housing • Check friction plate roll pins for proper clearance and adjust, if needed • Clean and inspect fittings, hoses, and quick disconnects • Check line hydraulic pressure • Provide a written checklist of work completed and areas of concern Ram Unit(s) • Clean and inspect for wear or damage • Inspect ram shaft for burrs or rust • Inspect ram head threads • Inspect top and bottom cap for leaks • Inspect top cap wiper seal for excessive leakage • Inspect and clean fittings, hoses and quick disconnects • Check line hydraulic pressure • Hydraulic Extension Hoses and/or Hydraulic Reels; Clean and inspect for cuts and abrasions • Provide a written checklist of work completed and areas of concern TNT Extrication Equipment Maintenance Page 9 of 10 PROJECT # 10714 Attachment B MILESTONE 1 PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $3,925.00. ITEM DESCRIPTION UNITS UNIT Price EXTENDED AMOUNT 1 Hydraulic Pump Unit Maintenance 6 $162.50 $975.00 2 Spreader Unit Maintenance 6 $162.50 $975.00 3 Cutter Unit Maintenance 6 $162.50 $975.00 4 Ram Unit Maintenance 8 $125.00 $1,000.00 TOTAL 1 $3,925.00 TNT Extrication Equipment Maintenance Page 14 of 10 PROJECT # 10714 2 5 1 W. T a l l u l a h D r • K u n a , I D 8 3 6 3 4 • 2 0 8 - 4 0 7 - 4 5 6 2 • e3equipment@gmail.com I, Tyler Bryner, am the Owner/Operator of Elite Extrication & Equipment. I am the sole Dealer for Idaho, Utah, Oregon and Washington to sell and service any and all TNT Rescue tools. Which in turn maintains all lifetime warranties on said tools. I, Tyler Bryner, am also a career firefighter with the City of Meridian. These two positions are completely separate entities having no relation with one an other. This letter is in an effort to comply with Meridian City Code 1-14-5 and Idaho Code 18-1359(1)(a). Meridian City Council Meeting DATE: February 7, 2017 ITEM TITLE: License Agreement ITEM NUMBER: PROJECT NUMBER: 5R License Agreement Between the Nampa -Meridian Irrigation District and the City of Meridian Regarding a Multi -Use Pathway Along Five Mile Creek as Part of the Silverstone Roadway Extension MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: &MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: February 7, 2017 ITEM NUMBER: 5S PROJECT NUMBER: ITEM TITLE: Irrigation Crossing Agreement Irrigation Crossing Agreement with Bureau of Reclamation at the Carlson and Farr Laterals for the South Meridian Sewer Extension 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 RETURN TO: Bureau of Reclamation Attn: MSF 6125 230 Collins Road Boise, ID 83702 UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION Arrowrock Division, Boise Project, Idaho CONSENT TO USE Contract No. 7-07-11-L3841 THIS CONSENT TO USE, hereinafter referred to as Consent, made the day of 2017, pursuant to the Act of Congress June 17, 1902 (32 Stat. 388; 43 U.S.C. §391), and acts amendaWry thereof or supplementary thereto, collectively referred to as the Federal Reclamation Laws, specifically, Section 10 of the Reclamation Project Act of 1939 (53 Stat. 1196), between the UNITED STATES OF AMERICA, hereinafter called the United States, by and through the Bureau of Reclamation, Department of the Interior, hereinafter referred to as Reclamation, and CITY OF MERIDIAN, hereinafter referred to as Consentee. WITNESSETH, THAT: WHEREAS, in connection with the Arrowrock Division, Boise Project, Idaho, the United States, pursuant to Federal Reclamation Laws, constructed, operates, and maintains certain irrigation works hereinafter referred to as the Farr Lateral and Carlson Lateral; and WHEREAS, said Farr Lateral and Carlson Lateral, are operated and maintained by the Boise Project Board of Control, hereinafter referred to as the Board, under a repayment contract with the United States; and WHEREAS, the Consentee desires the United States to give consent to construct, install, operate and maintain a 24 inch gravity trunk sewer pipeline, under and across the Farr Lateral and Carlson Lateral; and WHEREAS, the proposed use has been reviewed and determined to be compatible with project purposes. .NOW, THEREFORE, in consideration of the mutual covenants and stipulations hereinafter stated, the parties hereto do mutually agree as follows: CONSENT AND LEGAL Subject to the terms and conditions of this Consent, the United States does hereby consent to the Consentee, or its agents, installation, operation and maintenance of a 24 inch PVC gravity sewer trunk pipeline inside 123 linear feet of 36 inch steel casing under and across the Farr Lateral, on the east side of Meridian Road (SH -69), north of Rumple Lane, located in a portion of the NW 1/4 of Section 30, Township 3 North, Range 1 East; a 24 inch PVC gravity sewer trunk pipeline inside 133 linear feet of 42 inch steel casing CTU: 7-07-11-L3841, City of Meridian Page 1 of 8 under and across the Carlson Lateral, southeast of the intersection of Meridian Road (SH -69) and Amity Road, in Meridian, Idaho, located in a portion of the NWl/a of Section 31, Township 3 North, Range 1 East, Boise Meridian, and shall be installed in the manner and at the locations shown on the attached Exhibits A, B, C, D, and E, by this reference made a part hereof. SUBJECT TO FEE OWNER APPROVAL Unless the Consentee is the underlying fee owner, this Consent is subject to Consentee securing approval of the underlying fee owner to cross or use the identified portion of Reclamation's right of way. By executing this document the Consentee acknowledges this notice and assumes all liability, if any, in this regard. FEES The Consentee has provided an application to obtain this Consent in conformance with Title 43 of the Code of Federal Regulations, Part 429 and a payment of $100.00 for the application fee and $330.00 for administrative fees is hereby acknowledged. 4. TERM The term of this Consent is to be perpetual from the date of this document, subject to the terms and conditions herein. 5. SPECIAL STIPULATIONS Consentee agrees that the construction, installation, operation and maintenance (O&M) shall be conducted as follows: a. The Consentee shall notify the Board at least seven (7) days prior to beginning construction work. b. Consentee's structures shall be constructed, operated and maintained by the Consentee without cost to the United States or its assigns, and in such a manner as to cause no interference with the normal operation of project facilities. All construction, reconstruction and maintenance work performed by the Consentee upon the premises of the United States shall be undertaken only at times, according to plans, and in a manner satisfactory to the authorized official. C. . All work must be performed during the non -irrigation season in which work commences (November 1 through March 15). d. All backfill placed in the facility or its embankments shall be placed and compacted to the satisfaction of the authorized official. The facility and appurtenant structures shall be restored by the Consentee to a condition at least as good as before the work was accomplished. e. This Consent is limited to the crossing, construction, installation, operation and maintenance of a 24 inch PVC gravity sewer trunk pipeline inside 123 linear feet of 36 inch steel casing under and across the Farr Lateral, on the east side of Meridian Road (SH -69), north of Rumple Lane, located in a portion of the NW 1/ of Section 30, Township 3 North, Range 1 East; a 24 inch PVC gravity sewer trunk pipeline inside 133 linear feet of 42 inch steel casing under and across the Carlson Lateral, southeast of the CTU: 7-07-11-L3841, City of Meridian Page 2 of 8 intersection of Meridian Road (SH -69) and Amity Road, in Meridian, Idaho, located in a portion of the NWl/a of Section 31, Township 3 North, Range 1 East, Boise Meridian. In accordance with Idaho Code section 42-1102, et seq, additional encroachments onto the right of way by public or private roads, utilities, - - fences, gates, pipelines, structures, or other construction or placement of objects, need specific written permission from the United States or its successor or assign. Encroachments of any kind placed in such right of way without express written permission shall be removed at the expense of the person or entity causing or permitting such encroachment upon the request of the owner of the right of way. f. Any alteration in design of the facilities to be constructed, or any alteration, modification, or reconstruction of facilities, once the original work is accepted by Reclamation, its successors or assigns, must be approved in writing prior to commencing any work on facilities in the area subject to this Consent. 6. UNRESTRICTED ACCESS The United States officers, agents, and employees shall at all times have unrestricted access and ingress to, passage over, and egress from all of said lands, to make investigations of all kinds, dig test pits and drill test holes, to survey for and construct reclamation and irrigation works and other structures incident to Federal Reclamation Projects, or for any purpose whatsoever. Reclamation will make every reasonable effort to keep damages to a minimum. 7. HOLD HARMLESS The Consentee agrees to indemnify the United States for, and hold the United States and all of its representatives harmless from, all damages resulting from suits, actions, or claims of any character brought on account of any injury to any person or property arising out of any act, omission, neglect, or misconduct in the manner or method of performing any construction, care, operation, maintenance, supervision, examination, inspection, or other activities of the Consentee. PROTECTION OF UNITED STATES INTERESTS The Consentee shall construct, operate, and maintain its structures in a good workmanlike manner, as determined by Reclamation, to ensure that the authorized uses are compatible with the Reclamation purposes for which the land rights were acquired, and to protect the interests of the United States. The Consentee shall insure compliance with all laws, regulations, and orders of the United States, and any other public authority affecting such works. TERMINATION This Consent, a use authorization, will terminate and all rights of the Consentee hereunder will cease, and the Consentee will quietly deliver to the United States possession of the premises in like condition as when taken, reasonable wear and damage by the elements excepted: a. At the end of the term of this Consent. b. Reclamation may, at any time and at no cost'or liability to the United States, if Consentee fails to comply with any of the terms and conditions hereof, or upon mutual agreement of.all parties. CTU: 7-07-11-L3841, City of Meridian Page 3 of 8 C. The United States, acting through Reclamation, Department of the Interior, reserves rights to construct, operate, and maintain public works now or hereafter authorized by the Congress without liability for termination of the use authorization or other damage to the Consentee's activities or facilities. d. Reclamation may, at any time and at no cost or liability to the United States, terminate this Consent in the event of a natural disaster, a national emergency, a need arising from security requirements, or an immediate and overriding threat to public health and safety. e. Reclamation may, at any time and at no cost or liability to the United States, terminate this Consent, for activities other than existing authorized private exclusive recreational or residential use as defined under 43 CFR § 429.2 if Reclamation determines that any of the following apply: The use has become incompatible with authorized project purposes, project operations, safety, and security; ii. A higher public use is identified through a public process described at 43 CFR § 429.32(a)(1); or iii. Termination is necessary for operational needs of the project. f. Reclamation may, at any time and at no cost or liability to the United States, terminate this Consent if Reclamation determines that the Consentee has failed to use the use authorization for its intended purpose. Further, failure to construct within the timeframe specified in the terms of the use authorization may constitute a presumption of abandonment of the requested use and cause termination of the use authorization. g. Reclamation may, at any time and at no cost or liability to the United States, terminate this Consent if the Consentee fails to comply with all applicable Federal, State, and local laws, regulations, ordinances, or terms and conditions of any use authorization, or to obtain any required permits or authorizations. 10. NOTICES a. Notices served under this Consent shall be in writing and may be delivered by personal delivery; via recognized delivery services such as United Parcel Services (UPS) or Federal Express (FedEx); or by deposit in the United States Mail, postage prepaid, as certified mail, return receipt requested, and addressed as follows: UNITED STATES Deputy Area Manager Bureau of Reclamation 230 Collins Road Boise, ID 83702 (208)383-2200 CONSENTEE Mayor City of Meridian 33 E. Broadway Ave. Meridian, ID 83642 (208) 376-7330 Manager Boise Project Board of Control 2465 Overland Road Boise, ID 83705 (208)344-1141 b. Any notice delivered by personal delivery shall be deemed received by the addressee upon actual delivery. Any notice delivered by certified mail or delivery service shall be deemed received by the addressed on the third business day after deposit. The addresses to which notices are to be delivered may be changed by giving notice of such change in accordance with this paragraph. This paragraph shall apply where CTU: 7-07-11-L3841, City of Meridian Page 4 of 8 notice is required under this Consent, and no specific requirements are set forth. Where this Consent provides for a specific notice in a different manner, the more specific requirements shall prevail. C. The parties hereby designate the Deputy Area Manager of the Snake River Area Office, Bureau of Reclamation; Manager of the Boise Project Board of Control; and the Mayor of the City of Meridian, as their respective authorized representative for this Consent. These individuals shall have authority to take any action allowed or required under this Consent, on behalf of their employer. The parties may change their designated representatives at any time by giving notice of such change in accordance with this Article. 11. INCREASED COSTS If the construction, operation, or maintenance of any or all of such structures and facilities of the United States across, over, under, or upon said right of way should be made more expensive by reason of the existence of improvements or works of Consentee thereon, such additional expense is to be estimated by the Reclamation, whose estimate is to be final and binding upon the parties hereto. Consentee will make payment thereof to the United States or any of its successors or assigns within (30) days after demand is made upon Consentee for payment of any such sums. As an alternative to payment, Consentee, at its sole cost and expense and within the time limits established by the United States, may remove or adapt its facilities constructed and operated by it on said right of way to accommodate the aforementioned structures and facilities of the United States. Consentee shall bear any costs incurred by the United States occasioned by the failure of Consentee to remove or adapt its facilities within the time limits specified. 12. REMOVAL OF STRUCTURES Upon expiration, termination, or revocation of the Consent, the Consentee shall remove all structures, equipment, or other improvements made by it from the premises at no cost to the United States. Upon failure to remove any such improvements within sixty (60) days of expiration, termination, or revocation, any remaining improvements shall, at the option of the United States, be removed or become the property of the United States. The Consentee shall pay all the expenses of the United States, or its assigns or successors, related to removal of such improvements. 13. DISCOVERY OF CULTURAL RESOURCES The Consentee shall immediately provide an oral notification to Reclamation of the discovery of any and all antiquities or other objects of archaeological, cultural, historic, or scientific interest. The Consentee shall follow up with a written report of their finding(s) to Reclamation within forty-eight (48) hours. Objects under consideration include, but are not limited to, historic or prehistoric ruins, human remains, funerary objects, and artifacts discovered as a result of activities under this authorization. The Consentee shall immediately cease the activity in the area of the discovery, make a reasonable effort to protect such discovery, and wait for written approval from Reclamation before resuming the activity. Protective and mitigative measures specified by Reclamation shall be the responsibility of the Consentee. 14. HAZARDOUS MATERIALS a. The Consentee may not allow contamination or pollution of Federal lands, waters, or facilities. The Consentee has the responsibility for care, operation, and maintenance by its employees or agents and shall take reasonable precautions to prevent such contamination or pollution by third parties. Substances causing contamination or pollution shall include, but are not limited to, hazardous materials, thermal pollution, refuse, CTU: 7-07-11-L3841, City of Meridian Page 5 of 8 garbage, sewage effluent, industrial waste, petroleum products, mine tailings, mineral salts, misused pesticides, pesticide containers, or any other pollutants. b. The Consentee shall comply with all applicable Federal, State, and local laws and regulations, and Reclamation policies and directives and standards, existing or hereafter enacted or promulgated, concerning any hazardous material that will be used, produced, transported, stored, or disposed of, on or, in Federal lands, waters, or facilities. C. "Hazardous material" means any substance, pollutant, or contaminant listed as hazardous under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. § 9601, gt se ., and the regulations promulgated pursuant to that Act. d. Upon discovery of any event which may or does result in contamination or pollution of Federal lands, waters, or facilities, the Consentee shall initiate any necessary emergency measures to protect health, safety, and the environment and shall report such discovery with full details of the actions taken to Reclamation. Reporting may be within a reasonable time period. A reasonable time period means: within twenty-four (24) hours of the time of discovery if it is an emergency, or by the first working day if it is a non- emergency. An emergency is any situation that requires immediate action to reduce or avoid endangering public health and safety or the environment. e. Violation of any of the provisions of this Article, as determined by Reclamation, may constitute grounds for termination of this Consent. Such violations require immediate corrective action by the Consentee and shall make the Consentee liable for the cost of full and complete remediation and/or restoration of any Federal resources or facilities that are adversely affected as a result of the violation. f. The Consentee agrees to include the provisions contained in paragraphs (a) through (e) of this Article in any subcontract or third -party contract it may enter into pursuant to this Consent. g. Reclamation agrees to provide information necessary for the Consentee using reasonable diligence, to comply with the provisions of this Article. 15. THIRD PARTY RIGHTS This Consent is granted subject to all rights previously acquired by third parties. 16. SEVERABILITY Each provision of this Consent shall be interpreted in such a manner as to be valid under applicable law, but if any provision of this Consent shall be deemed or determined by competent authority to be invalid or prohibited hereunder, such provision shall be ineffective and void only to the extent of such invalidity or prohibition, but shall not be deemed ineffective or invalid as to the remainder of such provision or any other remaining provisions, or of this Consent as a whole. 17. BINDING The provisions of this Consent shall apply to, and bind, the successors and assigns of the parties hereto, but no assignment or transfer of this Consent or any part or interest therein shall be valid until approved by Reclamation. CTU: 7-07-11-L3841, City of Meridian Page 6 of 8 18. OFFICIALS NOT TO BENEFIT No Member of Congress shall be admitted to any share or part of any contract or agreement made, entered into, or accepted by or on behalf of the United States, or to any benefit to arise thereupon. IN WITNESS WHEREOF, the parties hereto have executed this Consent the day and year first above written. CONSENTEE UNITED STATES OF AMERICA By _ By �.. Melanie J. Paquin M �� Deputy Area Manager Title / / Bureau of Reclamation 230 Collins Road Boise, ID 83702-4520 This Consent h s been considered and is hereby approved by the Boise Project Board of Control the day of-cz.. , 2017. By 4,� Tim Page, ManoJer ACKNOWLEDGEMENT STATE OF IDAHO ) )ss County of Ada ) On the day of z , 2017, personally appeared before me, the undersigned notary, Tim Page `" , known to me to be the official of the Boise Project Board of Control who executed the within and foregoing instrument and acknowledged said instrument to be the free and voluntary act and deed of said Board, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. F�STA ary Sue Chase TARY pUBI_IC c , TE OF IDA' ' Notary Public in and for the State of Idaho Residing at sr - , , My commission expires ,- Esc? CTU: 7-07-11-L3841, City of Meridian Page 7 of 8 ACKNOWLEDGEMENT STATE OF IDAHO ) )ss County of /� ) On the day of —rh v, ' , 2017, personally appeared before me I(t wi e tt (-e- �%TA/l r= t-- , to me known to be the official of the City of Meridian, that executed the within and foreg ing instrument and acknowledged said instrument to be the free and voluntary act and deed of said City of Meridian, for the uses and purposes therein mentioned, and on oath stated that s/he was authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ••••oo.• ••• ® 6rr•• --- , � %� • r � 04", • �, � o p N to 0 Ara e°°rrrr• STATE OF IDAHO )ss County of Ada Ant- .n19_ J1Z)nn Notary Public in and for the State of Idah p n n Residing at (-- My commission expires SLMjg ACKNOWLEDGEMENT MELANIEn the day of -6l.L-t. �_, 2017, personally appeared before me ELANIE MUIN , to me -blown to be the official of the United States of America that executed the within and foregoing instrument and acknowledged said instrument to be the free and voluntary act and deed of said United States for the uses and purposes therein mentioned, and on oath stated that s/he was authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ;zr lii DONNABRUCK NOTARY PUBLIC i STATE OF IDAHO Notary ublic in and for the State of Idaho Residing at ' My commission expires r CTU: 7-07-11-L3841, City of Meridian Page 8 of 8 Farr Lateral Project Alignment 3 Watkins Drain Carlson Lateral Fe ""0 500 1,000 2,000 -1 Project Location m City of Meridian . Black Cat Sewer Trunk Phase 5 Exhibit 1 - Site Vicinity Map Date: 10-07-2016 / /' �' / / �/ /�•�DG�/ �� \ KEY NOTES 380005 MERIDIAN� \\----- SE NOTE DESCRIPTION �r WERNTILITY KEY NOTES 1-U-9 ENGINEERS, INC, -- EP -F'- EP---f-EP-----EPI—\t ry� /// / /// 24" GRAVITY SEWER PIPE I t I t l t 30" CMP � �// 'S2 SPECV.L. DROP DISCHARGE STRUCTURE (SEE SHEET C-502 Z m d' / / / /o GREAT OAKS WATER CO / INV: 2713.35 ////i etC D� 57130234040 FOR DETAILS) Q rn o. S MERIDIAN ROAD o m ca t Eby-- / OD 60" TYPE A SEWER MANHOLE m m EP-,- --EP-'--�-EP - I / - W O 0) r` m E -----EP �� �� - R/W -tom R/W R --G-T- - X-- 1-itjw- - R/w--'Y -- -�+/w—-�^�--;t--- � 'S4 CONNECT TO EXISTING MANHOLE 0 O ^ cl M � / R/W�—��G-----G-----G-----G---_-G--- G -----G---- G-----C�- G_- --�-= G _G-----G-----G---_- W NM mN� ----. R i G-- _� I t ,t ---- --_-_ - m Vj - ,Ut EXPLORATORY IXCAVATION _Z O W oad-� —TOP_ '�//TSP_ --- ---- OP—=�= — �_0�—_--10— — TOP=y-= -TOp —, - OPEN TRENCH RIDENBAUGH CANAL CROSSING (SHEET S-501 a ❑ N N ` ��--- _ _-_- _-_�-_-_-_-_-TOP �---_-_- ----- ---------- ------ _____-___ / _ _�TOP���OP----_�- — - -- ----- ----- ,'U2 AND DETAILS A2 6c B2, SHEET C -5D1) Z m �- o --------- - - - --- _ _------_--_--- - '--- --- �'-- 2710—_ _ _ — — — — — — = = =_ OPEN TRENCH CROSSING of WAIKINs DRAIN, REFER TO W c6 m a 0- 27l p- __ _ - - --__- _--- -----_ --_ - - --- ----- _ _ ___ _ __ (_ _ _-_---- --- _-_ —_—__ — \� ----------- — — — — — — — — �� U3 USACE PERMIT ? CD _ _—�_ - 7' _ --- 2705- — -- ---_- Q ---__ -z- _ — -------------- '- U4 NOT USED , N _ _�-- _-_ -2705 -.,n o _ _ _ _ _ _moi-- - -- _] N iU5 IRRIGATION SIPHON CROSSING. REFER TO BOR/BPBC PERMIT. o C — _2700- — — --- -- - - - --- --- - ---- - - -_.' ----- ----- 2700 = — — — — — — — - — + IU6 36" STEEL CASING cli W — —_— — — ----29+00-- ---------- 30+00' -----f------ -_ - — — —_ 2695_ — 42" STEEL CASING o4�SyCSFtgf -= ==ZZ ss- mss-= -z — — — — — — — — — — — — —31+00— --- — - ---32+00- N ss—_ t-ss--�:�_# ss - _rte _ �n�j SURFACE REPAIR KEY NOTES W x 2694 TOE_ -_-_-_-_-__.-------JOE- --- ---- --70E----\ ---- - E ---- o -- TOE------ ----- TOE -- E---- —n - Z = R1 LANDSCAPING REPAIR TYPE 1 (DETAIL B1, C-501) N' 6588 LU0FF--m __ ___ _ __ ___ __ ________ ___________ L ------- -_---- _-- ----� ______-- �_- _---�-- --- a-- - ----- ----- ---- --1 x w SEE LANDSCAPING PLAN IN PROJECT MANUAL AND DETAIL, 81 'Oy �r� OF _--------- ---- --- ---/--- - {-EP-----EP----EP- ��-fP'7----EP-----EP --- EP--- -EP-� -EP- -7-EP----EP-----EP----EP-----EP----EP-----EP Q y'.R2 LANDSCAPING REPAIR TYPE 2 C-501 i 7 S3 ;R3 MISC. SURFACE REPAIR - NATURAL GROUND . _ _ _ _ _ MH SSWR- 9 421 LF ��$ U5 ------- N: 694502.97 R4 TYPE C-1 GRAVEL SURFACE REPAIR (DETAIL 81, C-501) Ut - -E: 2454537,13_` I R5 ASPHALT ORWVAY REPAIR w ``-_-__----_ I MISCELLANEOUS KEY NOTES wz / Q REMOVE AND RESET MISCELLANEOUS ITEM Www _MERIDIAN ROAD .. M2 REMOVE AND REPLACE. MISCELLANEOUS REM MERIDIAN ROAD / % -1 4'/� - -� M3 REMOVE MISCELLANEOUS ITEM �'�'�`• ,_HORL 0 20 40 M4 ABANDON -IN-PLACE 1 H- RELOCATED PIRR PIPELINE aOSiiW w DSO i-- obi-gi 0 VERT 0 5 10 M6 RETAIN AND PROTECT RETAINING WALL. SEE PROJECT MANUAL ui o €; F FOR RECORD INFO. _ 0 LLo _ SCALE IN FEET rc o 1 o M7 REMOVE AND REPLACE SIDEWALK Iacmo� REFERENCE AND RESET LAND MONUMENT �_Z$�0 a - LF i 'M9 PIRR VALVE ?�o� 2720 O 2720w� . ..... ... ... .. ... ..... 25 10 -ted .... .. ..... .... ... .........EXISTING ..GROUND .0 ...... ...... ......... ..,...... ........... .... -... .. ..... ...._. .. .... ..... ... ..,. ...... M11 PIRR BEND � �' 0"9ao sAwcuT - 2715 - '----- - - 2715 ....................................................................................................................................................................................._............................_...........,.. ......................................... 2710----2710 .................................................................................._.......................... .............. .............._................_......................................................... ............ ,....... ....................... ...................................................................................................................................................... ................................... ...... ..... ......................... .... ...... ............. ......_........,............. ...............,1-- ..... .................. . W ............. ...... ............. ......................... ... ............... ............ ........ ... ................ ........... .............:..........................._................_......... ,,......... ...................... ......... ......... ....... ............ .... ....... ,..................I....._ Q _...._..........................................__....;............................_......_..._...........................,........................................:..........................................._............. ................... ...,........ I...... 2 2705 2705 ......................................................................... ......_,.......... ................... .............. ............... .-...... ................................._........_.......... ...... ............. ......... ........ ....... .._................................,......._._.. Z .................................... .............. ................... ................... ..... -- .......... ..._...... .,...... ...................................... .�.............�.......... _................_..............,.............. ....... ........... .................... ........ ........... ..........•....... ¢ N .......•........... ............. ................ ..................... ....... ............ ....... ..... ........ ................._.... ..,........ ............... _............. .. _........... ............... ............... ....._........ ............... ...,..,........ ............... — LL1 t ......... •............................................... ....... ............ ... .- ._.......... _..... _ . .................................................................................................................................... . 2700 MH S +R- s 2700 O O 0 ............... ....:.................. .......... ............................ ................... .............................. ....... ..... ........... ......_...... ........ ..._.............. ...... ,... ....... ........ _......... OC H .. ..RIM:" 893:74.... .... ... .... ........... ......I...... W K EXISTING ROUND NV IN. 2671-.97 24 (S) � fi o o........................................_....,..................................._............................................................®..�. F..PIPE............._............. .................I .OUT: 2671.81 .24!(N)......_............ ........ ................... .... ........ ................ ...._.... .80 W W g........................................._..............................................................................,..............._......._............................._....................................._........................................................_............................................ z Do 2695 �___�--.r.-.-.-...-.-.-.-.-.-...-.-.-.-.-...- 2695 W CL N a -.-.-.-.- -.-.-.-.-.--.-.-.-.-.- ------------ -- ------ -- -- ----- -- .......... -._.-. a _..................................................................................................................................................T.............................................__... _...... ..... .. -.-.-- >- - ---- — I H ..................................................................................................................................... NOTES: U U a 2690 2690 0 S S APPROXIMATE Y 1. 'LOCATION F EXISTING MATIOE ARE SHOWN T AN APPR XIMAT WAY i ................... ............. ...... ...... ............. ......... ....................................... .................. ................. .................... ..._........................... ....._........................ ...... .._........... .,..._........ .. ....._. ............... ONLY BASED ON INFORMATION PROVIDED BY THE UTILITIES. s.................................................. .............._............................. ............ ....... ........... ........................... ........ ........................ ..-........ .............._.......... ... I.. ............... .........,..... ............... ............... !CONTRACTOR SHALL DETERMINE THE LOCATION OF ALL UTILITIES o ......................................... ......... ... ....... ....._........ ......_............. ....,............•.................... ....... _.......... ............ ,...... BEFORE COMMENCING WORK. CALL DIG -LINE, 811, A MINIMUM OF 48 J ..................................................................................... ................... . ..................................... ..................... a ...........:...... ...........,.._........_................................_.......... ._....... ..... UNDERGROUND UTILITIES. CONTRACTOR AGREES TO BE FULLY Y RESPONSIBLE IOR TO EXCAVATION TO REQUEST LOCAnONS OF m 3 ................................................................................................................................................_........................._......._.........._..........................................................................................,.............................. RESPONSIBLE FOR ANY AND ALL DAMAGES WHICH OCCUR 81' HIS 2685 2685 ' "• 2 .FAILURE TO EXACTLY LOCATE AND PRESERVE UTILITIES. m...... ............. ._................................... ... ......... ....... ........_.......... ........... ......................... ............_....... ............ .....................�...................._ ........._........ ... ..... ... ._............. .._................. ....... .... ....... ..._........ .............. DEPTHS OF UTILITIES SHOWN IN THE PROFILE ARE NOT KNOWN AND <...... ................................_.._.............. .......... ......... ......... ................... .................. .... ,..... ......... ..... :.._............ARE SHOWN FOR GENERAL INFORMATION PURPOSES ONLY. FIELD rn .,_..,,.._.,,,,,,, °i OF TRENCHING OPERATIONS AS SPECIFIED IN _„m,,, 'LOCATE UTILITIES AHEAD a ._ .............................. ..... ........._..................... ....................... ..._....�...............,... ................ ........ ........ .... ............... ............... ............... ._............ s ..... � ......... �..... ..... o ....... ri .. THE GENERAL NOTES. 2680 N 2680 3.ALL WORK SHALL BE CONFINED TO THE RIGHTS -OF -WAYS, ................ rn .............. ............... .. M.. CASING MAY BE ;PERMANENT EASEMENTS, AND TEMPORARY EASEMENTS SHOWNON THE FILE: iaisttsczoix b _....... ..... ............. ................. .......... ........... ...............N.. ....... _....... .. ................... NDED FOR PLANS. CONTRACTOR IS.RESPONSIBLE FOR SECURING ANY ............... 23L ......... ............... CONSTRUCTABILITY .................... �ICONSTRUCTION STAGING AREAS AND OTHER TEMPORARY CONSTRUCTIONDwwwrNev: - ............ ....��EEXXTE ..7-1 .........................................................................................................................._.........,......................................................................_..................._............................................... 2675 'EASEMENTS THAT MAY BE REQUIRED TO CONSTRUCT THE PROJECT. 2675 _ _ _ _ _ _ _ _ _ _ 4 ,REFER TO PROJECT MANUAL FOR ADDITIONAL INFORMATION. a a 'BY TALL HENCITY EOF MERIDIAN S S14ALL BE UNLESS'OTH OTHERWISE NOTED, ECCENTRIC CONE AS REQUIRED KE09YONE�NDH a ..... ............. .. .. .... .. ........ .. ... .. .... .. ....... ....... .... ..... .... ATFULLUM U' NOT ONE a w ......... ................ ............ 4' ........ .......... .. ._- ' . ....... . ....: .. .. ... .. ....490 L '24` PVC 0 0: OX....-........ 5. STATIONING BASED ON CENTERLINE OF SEWER. . DROMLY 9 ............................... 9. LF 24 PVC®0.10Z............................................................................................................................................ 6. �NO STOCKPILING OF MATERIAL SHALL BE PLACED ON WITHIN [TO UST UPDATED:1d 017 _.—. —.-. __. _............._........__.....................e—............—. .......... ......—.—......—.. 7 RIGHTS-OF-WAY WITHOUT ITD APPROVAL. ALL ROADSIDE BORROW DITCHES SHALL INCLUDE TEMPORARY AND SHEET NUMBER: 2670 !PERMANENT EROSION CONTROL MEASURES AS NECESSARY PER THE c 69 28+00 28+50 29+00 29+50 30+00 30+50 31+00 31+50 32+00 32+25 (APPROVED SWPPP. STORM WATER MANAGEMENT, INCWDING THE EXHIBIT B f SWPPP, IS THE RESPONSIBILITY OF THE CONTRACTOR. e� cl rr ' CITY 0 S1131S S MER'. xi i / k 9 - VV 7 L4 I HORZ 0 20 40 VERT 0 5 10 SCALE IN FEET 133 LF US J -U -B ENGINEERS, INC. 2735 24" GRAVITY SEWER PIPE Z W d' - > o Cr O r'- E LU O O 6 °t O 111 �j cm � t` C7 U Z U N co �� N y oco 2 0 0) :3cl N N S L1 52 LZm co - o � T� a LL Co Co i0 m N S2 SPECIAL DROP DISCHARGE STRUCTURE (SEE SHEET C-502 lO FOR DETAILS) - S3 60" TYPE A SEWER MANHOLE S4 CONNECT TO EXISTING MANHOLE Ut EXPLORATORY EXCAVATION OPEN TRENCH RIDENBAUGH CANAL CROSSING (SHEET S-501 U2 AND DETAILS A2 & B2, SHEET C-501) U3 OPEN TRENCH CROSSING OF WATKINS DRAIN, REFER TO I� USACE PERMIT ROPOSED MH SWR- 262735 IRRIGATION SIPHON CROSSING. REFER TO BOR/BPSC PERMIT. oE4s TeQf'yC/yam 6588 0 AyQ2�P N.KRtOWO'J� U6 36" STEEL CASING U7 42" STEEL CASING SURFACE REPAIR KEY NOTES Rt LANDSCAPING REPAIR TYPE 1 (DETAIL Bt, C-501) SEE NDSCAPING PLAN APINREPAIR IE PROJECTMANUAL AND DETAIL, Bt R2 LANDSCAPING TYPE 2 507 R3 MISC. SURFACE REPAIR - NATURAL GROUND R4 TYPE C-1 GRAVEL SURFACE REPAIR (DETAIL Bt, C-501) R5 81+43.40.. w ou wF o>m w�a Z'^"�� 0, 2 3 m G to w�oa c o a W Waa o ♦9 0 o w I 'd2 o�wpr G 'd o a ��oa o�w� � w � 3 3: _. .. d a m a ¢ ° MISCELLANEOUS KEYNOTES Mt REMOVE AND RESET MISCELLANEOUS ITEM M2 REMOVE AND REPLACE MISCELLANEOUS ITEM M3 REMOVE MISCELLANEOUS ITEM .. ........__.......STA: M5 RELOCATED PIRR PIPELINE .. _. ... M9 PIRR VALVE M10 PIRR BEND '(M-1 -1SAWCUT .RI :'2729.30.. - - INV IN: 2699 4 S 69 2(NW) ._ _. ... .. EXISTING ROUND.. I V OUT26995 . 24": -. ... - - 2730 2730 (PROPOSED)MH SSWR- 27._.. 2725 \ STA: 82+8-95 2725 INV 14: RIM: 271f.89 2700:07 24" SE .. INV 0 :-2699.97'24 (N) _ __ _ 2720 _- 2720 2715 2715 2710 2710 o i.i 0 ov M I I 2705 2705 740 LF 24 PVC ®0.20% (PROPOSED) I I 2700 ------ -__tr ----- - ----- 2700 9e 133 LF s 2695 2695 2690- 690 79+00 79+50 80+00 80+50 81+00 81+50 82+00 82+50 83+00 83+25 79+00 NOTES o )TE DESCRIPTION 4rVV� SEWERIUTILITY KEY NOTES J -U -B ENGINEERS, INC. S1 24" GRAVITY SEWER PIPE Z W d' - > o Cr O r'- E LU O O 6 °t O 111 �j cm � t` C7 U Z U N co �� N y oco 2 0 0) :3cl N N S L1 52 LZm co - o � T� a LL Co Co i0 m N S2 SPECIAL DROP DISCHARGE STRUCTURE (SEE SHEET C-502 lO FOR DETAILS) - S3 60" TYPE A SEWER MANHOLE S4 CONNECT TO EXISTING MANHOLE Ut EXPLORATORY EXCAVATION OPEN TRENCH RIDENBAUGH CANAL CROSSING (SHEET S-501 U2 AND DETAILS A2 & B2, SHEET C-501) U3 OPEN TRENCH CROSSING OF WATKINS DRAIN, REFER TO I� USACE PERMIT U4 NOT USED U5 IRRIGATION SIPHON CROSSING. REFER TO BOR/BPSC PERMIT. oE4s TeQf'yC/yam 6588 0 AyQ2�P N.KRtOWO'J� U6 36" STEEL CASING U7 42" STEEL CASING SURFACE REPAIR KEY NOTES Rt LANDSCAPING REPAIR TYPE 1 (DETAIL Bt, C-501) SEE NDSCAPING PLAN APINREPAIR IE PROJECTMANUAL AND DETAIL, Bt R2 LANDSCAPING TYPE 2 507 R3 MISC. SURFACE REPAIR - NATURAL GROUND R4 TYPE C-1 GRAVEL SURFACE REPAIR (DETAIL Bt, C-501) R5 ASPHALT DRIVEWAY REPAIR w ou wF o>m w�a Z'^"�� 0, 2 3 m G to w�oa c o a W Waa o ♦9 0 o w I 'd2 o�wpr G 'd o a ��oa o�w� � w � 3 3: z - d a m a ¢ ° MISCELLANEOUS KEYNOTES Mt REMOVE AND RESET MISCELLANEOUS ITEM M2 REMOVE AND REPLACE MISCELLANEOUS ITEM M3 REMOVE MISCELLANEOUS ITEM M4 ABANDON -IN-PLACE M5 RELOCATED PIRR PIPELINE M6 RETAIN AND PROTECT RETAINING_ WALL. SEE PROJECT MANUALLLgwWF3 FOR RECORD INFO. M7 REMOVE AND REPLACE SIDEWALK MS REFERENCE AND RESET LAND MONUMENT M9 PIRR VALVE M10 PIRR BEND '(M-1 -1SAWCUT NOTES: 1.1 LOCATION OF EXISTING UTILITIES ARE SHOWN IN AN APPROXIMATE WAY ONLY, BASED ON INFORMATION PROVIDED BY THE UTILITIES, CONTRACTOR SHALL DETERMINE THE LOCATION OF ALL UTILITIES BEFORE COMMENCING WORK. CALL DIG -LINE, 811, A MINIMUM OF 48 HOURS PRIOR TO EXCAVATION TO REQUEST LOCATIONS OF UNDERGROUND UTILITIES. CONTRACTOR AGREES TO BE FULLY RESPONSIBLE FOR ANY AND ALL DAMAGES WHICH OCCUR BY HIS FAILURE TO EXACTLY LOCATE AND PRESERVE UTILITIES. 2, DEPTHS OF UTILITIES SHOWN IN THE PROFILE ARE NOT KNOWN AND ARE SHOWN FOR GENERAL INFORMATION PURPOSES ONLY. FIELD LOCATE UTILITIES AHEAD OF TRENCHING OPERATIONS AS SPECIFIED IN L THE GENERAL NOTES. 3. ALL WORK SHALL BE CONFINED TO THE RIGHTS -OF -WAYS, PERMANENT EASEMENTS, AND TEMPORARY EASEMENTS SHOWN ON THE PLANS. CONTRACTOR IS RESPONSIBLE FOR SECURING ANY (CONSTRUCTION STAGING AREAS AND OTHER TEMPORARY CONSTRUCTION EASEMENTS THAT MAY BE REQUIRED TO CONSTRUCT THE PROJECT. REFER TO PROJECT MANUAL FOR ADDITIONAL INFORMATION. 4. ALL MANHOLES SHALL BE TYPE "A" ECCENTRIC CONE AS REQUIRED BY THE CITY OF MERIDIAN UNLESS OTHERWISE NOTED. 5. STATIONING BASED ON CENTERLINE OF SEWER. 6.1 NO STOCKPILING OF MATERIAL SHALL BE PLACED ON WITHIN RD RIGHTS-OF-WAY WITHOUT ITD APPROVAL. 7.' ALL ROADSIDE BORROW DITCHES SHALL INCLUDE TEMPORARY AND ;PERMANENT EROSION CONTROL MEASURES AS NECESSARY PER THE iAPPROVED SWPPP. STORM WATER MANAGEMENT, INCLUDING THE SWPPP, IS THE RESPONSIBILITY OF THE CONTRACTOR. LLJ C7 C/3 Z Q � = U n- z O Z¢ U m ItYLLZ� 1 -Lu 000 Lu0 Cc I_ W� <za. o 3;: O IW- ¢ 0 J C QO U) UU � Y Q QU J m SHEET NUMBER: FINISH GRADE -TYPICAL TRENCH DETAIL SCALE: NOT TO SCALE REMOVE AND RESET TOP 24" OF VEGETATED ... TOPSOIL // n.n. \S \C\S" :W:n: - A: W:'A': ": W:'A:'W:W-:-n-:W:, -n-: W- :'A': W: W: .:.A.:.A...A...: .A...A.:.A.:.A. _.A... ...A:'A -l-x:'n-:'A: A: - 'W:-A:W" W:A: $? I mN 8� 60 ua 8 A2 WATKINS DRAIN OPEN TRENCH CROSSING $ o SCALE:NOT TO SCALE ao COMPACTED TRENCH BACKFILL PER TYPICAL TRENCH DEHAL THIS SHEET. NO COMPACTION IN DISTURBED NON -TRENCH AREAS, AND PORTIONS SHOWN ON PLANS. PROPOSED TRUNK SEWER WITH STEEL CASING. SEE DETAIL Al, SHEET C-502. NOTES: 1. CENTERLINEGRA CCESS ROAD MAY VARY. OF SEE PLANS FOR LOCATION. 2. PROVIDE 2% CROWN 3. WIDTH=12' UNLESS OTHERWISE SPECIFIED. GRAVEL ACCESS ROAD KEY NOTES O NATURAL GROUND O2 PLACE 3" OF J" ROADMIX GRAVEL PLACE 8" OF 6" MINUS PfTRUN Q3 GRAVEL COMPACTED TO 95% DRY DENSITY ® PROPOSED PIPELINE / B1 TYPICAL GRAVEL ACCESS ROAD SCALE:NOT TO SCALE XIII STING GRAVEL MATCH GRADE z b GRAVEL URFACE REPA 5 5 VARIES 4 3 4 a a 0o'. 5,c;o. EXISTING ASPHALT 7IIo o ,Qo o g 2 EXISTIN PAVEMENT o 0 00 0 00 P 6 TYPE "P-2" ASPHALT -FULL TRENCH WIDTH SURFACE REPAIR (ACHD RIGHT-OF-WAY ONLY) EXISTING GROUND MATCH EXISTING GRADE �l NATURAL GROUND SURFACE REPAI 1. REFER TP-ISPWC SECTION -307 AND THE PROJECT MANUAX FOR MATERIALS AND WORKMANSHIP REO 1 EMENTS. 2. STREET CUTS WILL REQUIRE RESURFACING BY A PAVING MACHINE OR SPREADER BOX. 3. TACK ALL COLD JOINTS SURFACES WITH EMULSION WHICH HAS BEEN "BROKEN" PRIOR TO PATCHING. 4. CRUSHED AGGREGATE BASE SHALL BE PLACED USING A MOTOR GRADER. W W/2 W/2 GROUND EXISTING GRASS MATCH GRADE 11\ (ANDS PING SURFACE PASTURE SURFACE REPAIR REPAIR / I -SUBGRADE OR NATURAL GROUND //\•. 1 O EXISTING PAVEMENT REMOVAL O �\ //\\� 5 j\\/ O TEMPORARY SURFACE REPAIR FOR LOCAL TRAFFIC >/ 6 \ VERTICAL WALLS ALLOWED W/ j EXISTING SURFACE, TO BE REMOVED FOR FULL WIDTH STREET RESTORATION PROPER OSHA SHORING //\/ \/\ EXISTING BASE TRENCH BACKSLOPE PER O.S.H.A. OR SUITABLE SHORING IL Ld �\ TRENCH BACKFILL PER ISPWC SECTION 306 U) U Z_ © VERTICAL TRENCH WALLS SHORING PER O.S.H.A. ® PIPE BEDDING PER ISPWC SECTION 305 (SEE ISPWC 12" MIN U Lu \/� SD -302) N $9 FOUNDATION STABILIZATION, PER PROJECT MANUAL, IF REQ'D. ii \\/.. 10 UNDISTURBED SOIL (TYP.) 6„ g SURFACE REPAIR, SEE DETAIL THIS SHEET IX OUTSIDE DIA OF © UPPER COMPACTION ZONE NOTES: 10 LOWER COMPACTION ZONE PIPE PLUS 2'-0" 1. FOUNDATION STABILIZATION REQUIRED WHERE SOFT OR UNSTABLE FOUNDATION IS ENCOUNTERED. 2. TRENCH EXCAVATION PER ISPWC SECTION 301 3. PIPE BEDDING PER ISPWC SECTION 305 -TYPICAL TRENCH DETAIL SCALE: NOT TO SCALE REMOVE AND RESET TOP 24" OF VEGETATED ... TOPSOIL // n.n. \S \C\S" :W:n: - A: W:'A': ": W:'A:'W:W-:-n-:W:, -n-: W- :'A': W: W: .:.A.:.A...A...: .A...A.:.A.:.A. _.A... ...A:'A -l-x:'n-:'A: A: - 'W:-A:W" W:A: $? I mN 8� 60 ua 8 A2 WATKINS DRAIN OPEN TRENCH CROSSING $ o SCALE:NOT TO SCALE ao COMPACTED TRENCH BACKFILL PER TYPICAL TRENCH DEHAL THIS SHEET. NO COMPACTION IN DISTURBED NON -TRENCH AREAS, AND PORTIONS SHOWN ON PLANS. PROPOSED TRUNK SEWER WITH STEEL CASING. SEE DETAIL Al, SHEET C-502. NOTES: 1. CENTERLINEGRA CCESS ROAD MAY VARY. OF SEE PLANS FOR LOCATION. 2. PROVIDE 2% CROWN 3. WIDTH=12' UNLESS OTHERWISE SPECIFIED. GRAVEL ACCESS ROAD KEY NOTES O NATURAL GROUND O2 PLACE 3" OF J" ROADMIX GRAVEL PLACE 8" OF 6" MINUS PfTRUN Q3 GRAVEL COMPACTED TO 95% DRY DENSITY ® PROPOSED PIPELINE / B1 TYPICAL GRAVEL ACCESS ROAD SCALE:NOT TO SCALE XIII STING GRAVEL MATCH GRADE z b GRAVEL URFACE REPA 5 5 VARIES 4 3 4 a a 0o'. 5,c;o. EXISTING ASPHALT 7IIo o ,Qo o g 2 EXISTIN PAVEMENT o 0 00 0 00 P 6 TYPE "P-2" ASPHALT -FULL TRENCH WIDTH SURFACE REPAIR (ACHD RIGHT-OF-WAY ONLY) EXISTING GROUND MATCH EXISTING GRADE �l NATURAL GROUND SURFACE REPAI 1. REFER TP-ISPWC SECTION -307 AND THE PROJECT MANUAX FOR MATERIALS AND WORKMANSHIP REO 1 EMENTS. 2. STREET CUTS WILL REQUIRE RESURFACING BY A PAVING MACHINE OR SPREADER BOX. 3. TACK ALL COLD JOINTS SURFACES WITH EMULSION WHICH HAS BEEN "BROKEN" PRIOR TO PATCHING. 4. CRUSHED AGGREGATE BASE SHALL BE PLACED USING A MOTOR GRADER. W W/2 W/2 GROUND EXISTING GRASS MATCH GRADE 5 VARIES I4 3 4 MATCH EXISTING � 2% MIN Zo ..a o 4 s E "P-1" SIDEWALK SURFACE REPAIR 7SPHAL FULL TRENCH WIDTH URFACE REPAIR IRFACE REST ION KEY NOTES 0 8" OF j" NUS COMPACTED AGGREGATE BASE COURSE OR MATCH THE THICKNESS OF EXISTING G EL, WHICHEVER IS GREATER. O12" OF J" MIN COMPACTED AGGREGATE BASE COURSE OR MATCH THE THICKNESS OF EXISTING GRA L, Y(HICHEVER IS GREATER. O3 3" ASPHALT PAVEME OR MATCH EXISTING PAVEMENT, WHICHEVER IS GREATER ® SAWCUT ASPHALT IN NSP, RAIGHT LINE. 12" MININMUM CUTBAKIOR P ACHD REQUIREMENTS, WHICHEVER IS GREATER. SMALL O STRIPS (LESS THAN 12" IN WID OF EXISTING ASPHALT PAVEMENT SHALL NOT BE RETAINED. REMOVE AND INCORPO INTO PATCH. © COMPACTED TRENCH BACKFILL PERNGRAD NCH DETAIL THIS SHEET. NO COMPACTION IN DISTURBED NON-TRAND PORTIONS SHOWN ON PLANS. O7 COMPACT SUBGRADE T 95% MAX DASTM D-698. ®TOPSOIL TYPE S1, COAPACTED SMOTO MAINTAIN PREVAILING DRAINAGE/IRRIGATION CONTOURS. O9 REUSE STOCKPILED TYPE S2, S3, OR S4 NATIVE SOIL, COMPACTED SMOOTH. ® 10" TOP SOIL TYPE Stl 1Q NEW SOD TO MATCH EXISTING ©8" OF TYPE Al J" MINS AGGREGATE SURFACE COURSE, OR THIC ESS OF EXISTING GRAVEL, WHICHEVER S�GREATER. ©4" THICK CONCRETE, OR MATCH EXISTING, WHICHEVER IS GREATER. CONCRETE PER ISPWC 706. ® 4" OF J" MINUS AGGRIGATE BASE OR MATCH EXISTING, WHICHEVER IS GREATER. B2 SURFACE RESTORATION & STREET CUT DETAILS SCALE: NOT TO SCALE CJUB J -U -B ENGINEERS, INC. U Z j Q o a I co c) O n c�i W 3:N� mcc). _Z v a) aMo `O'n oao F5 m �p wN Z co U) a•• LLI aj u) a L N m N aWz� WWap ~NW 0 F- 0o4 33_o �L^ogtj. �lzwa" lz 0- o¢a=am �f ao o�wrcFw � 0 o Owa�� F- T LO w Q z Y F O F-) W -j W I< W 0 U) ` Q V U Qe J m ISHEET NUMBER: EXHIBIT DJ (ANDS PING SURFACE PASTURE SURFACE REPAIR REPAIR 5 VARIES I4 3 4 MATCH EXISTING � 2% MIN Zo ..a o 4 s E "P-1" SIDEWALK SURFACE REPAIR 7SPHAL FULL TRENCH WIDTH URFACE REPAIR IRFACE REST ION KEY NOTES 0 8" OF j" NUS COMPACTED AGGREGATE BASE COURSE OR MATCH THE THICKNESS OF EXISTING G EL, WHICHEVER IS GREATER. O12" OF J" MIN COMPACTED AGGREGATE BASE COURSE OR MATCH THE THICKNESS OF EXISTING GRA L, Y(HICHEVER IS GREATER. O3 3" ASPHALT PAVEME OR MATCH EXISTING PAVEMENT, WHICHEVER IS GREATER ® SAWCUT ASPHALT IN NSP, RAIGHT LINE. 12" MININMUM CUTBAKIOR P ACHD REQUIREMENTS, WHICHEVER IS GREATER. SMALL O STRIPS (LESS THAN 12" IN WID OF EXISTING ASPHALT PAVEMENT SHALL NOT BE RETAINED. REMOVE AND INCORPO INTO PATCH. © COMPACTED TRENCH BACKFILL PERNGRAD NCH DETAIL THIS SHEET. NO COMPACTION IN DISTURBED NON-TRAND PORTIONS SHOWN ON PLANS. O7 COMPACT SUBGRADE T 95% MAX DASTM D-698. ®TOPSOIL TYPE S1, COAPACTED SMOTO MAINTAIN PREVAILING DRAINAGE/IRRIGATION CONTOURS. O9 REUSE STOCKPILED TYPE S2, S3, OR S4 NATIVE SOIL, COMPACTED SMOOTH. ® 10" TOP SOIL TYPE Stl 1Q NEW SOD TO MATCH EXISTING ©8" OF TYPE Al J" MINS AGGREGATE SURFACE COURSE, OR THIC ESS OF EXISTING GRAVEL, WHICHEVER S�GREATER. ©4" THICK CONCRETE, OR MATCH EXISTING, WHICHEVER IS GREATER. CONCRETE PER ISPWC 706. ® 4" OF J" MINUS AGGRIGATE BASE OR MATCH EXISTING, WHICHEVER IS GREATER. B2 SURFACE RESTORATION & STREET CUT DETAILS SCALE: NOT TO SCALE CJUB J -U -B ENGINEERS, INC. U Z j Q o a I co c) O n c�i W 3:N� mcc). _Z v a) aMo `O'n oao F5 m �p wN Z co U) a•• LLI aj u) a L N m N aWz� WWap ~NW 0 F- 0o4 33_o �L^ogtj. �lzwa" lz 0- o¢a=am �f ao o�wrcFw � 0 o Owa�� F- T LO w Q z Y F O F-) W -j W I< W 0 U) ` Q V U Qe J m ISHEET NUMBER: EXHIBIT DJ END SEAL, WATER TIGHT END SEAL, WATER TIGHT 24" cs_ N CULTIVATE MAX 24" (TyP) MAX 8' MAX (TYP.) 24" 24" 8' MAX (TYP.) MAX MAX (TYP.)VER PE TYP. TYP. CZ., - N FE Z iz $ K MANUFAUIUKILK cn v O 8.0' TYP O 0) SME w 0O p (6of 0 W =NM cgci CASING SPACER (TYP.) 3/4" STAINLESS w¢ STEEL BANDS BELL SPIGOT JOINT W/ JOINT RESTRAINTS (TYP.) 24" OR 12" PVC TRUNK SEWER (CARRIER PIPE), SEE PLAN/PROFILE SHEETS 36" OR 24" O.D. 3/8"-/ THICK STEEL CASING, SEE 3/4" STAINLESS PLAN/PRORLE SHEETS STEEL BANDS (NOTE 1) NOTES .200 1. VERIFY CASING SIZE WITH 2 of N CASING SPACERS AND JOINT ��rffiz< w "- .0� RESTRAINTS. SUBMIT WITH Z mC)— o SHOP DRAWING REVIEWS. �1 STEEL CASING SLEEVE - TRUNK SEWER SCALE: NOT TO SCALE 12" TRUNK SEWER 24" TRUNK SEWER 36" STEEL 24" STEEL CASING PIPE CASING PIPE o V MIN 1" CLEAR MIN 1" CLEAR p.Q p _Q UPPER RUNNERS UPPER RUNNERS 12" PVC CARRIER PIPE-\ .n_� v .In" .a 24" PVC CARRIER PIPE /\ V. v. v L V v b v V. / V CASING SPACERS' 0 V.. C CASING SPACERS j is..\ LOW STRENGTH GROUT FILL '. V 0 MIN (2) RUNNERS a BELOW SPRINGUNE MIN (4) RUNNERS LOW STRENGTH BELOW SPRINGUNE GROUT FILL � � CARRIER PIPE/CASING PIPE CROSS SECTION `A SCALE: NOT TO SCALE NATURALOA VEL ACCESS GROUND PER DETAIL 81, SHEET C-501 B1 TYPICAL WASTE DRAIN CROSS SECTION SCALE: NOT TO SCALE / ER SION CONTROL BLANKET 3.0' 3.0' y y WATKINS DRAIN FLOW WASTE DRAIN CONNECTION TO WATKINS DRAIN B2 Lo W Q 2 a Y ZQ Z — W Q W H- W 0 U Q U U Y U m SHEET NUMBER: EXHIBIT El EDGE OF PERMANENT SEWER EASEMENT owz� �N J-U-8ENGINEERS, INC. CULTIVATE w FIELD (� Z (D It _ CZ., - N FE Z iz $ K Q O cn v O 8.0' TYP O 0) SME w 0O p (6of 0 W =NM cgci z w' aNa.6LL w¢ Z U M 10 .200 2 of N ��rffiz< w "- .0� I I Z mC)— o �ia5F3 LUT/) U)=LL m I COMPACT 0 m 1� NATIVE FILL ,� N Lo W Q 2 a Y ZQ Z — W Q W H- W 0 U Q U U Y U m SHEET NUMBER: EXHIBIT El owz� �N w CZ., - N FE Z iz $ K �owza� 9 w.30 z o w' aNa.6LL w¢ w�z�o u zQ�w�o 10 2 of ��rffiz< w "- .0� �ia5F3 Lo W Q 2 a Y ZQ Z — W Q W H- W 0 U Q U U Y U m SHEET NUMBER: EXHIBIT El Meridian City Council Meeting DATE: February 7, 2017 ITEM NUMBER: 7 PROJECT NUMBER: ITEM TITLE: Mayor's Youth Advisory Council Update Mayor's Youth Advisory Council Update MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS FEBRUARY 7, 2017 COUNCIL CHAMBERS Mayor’s Youth Advisory Council Update Legislative Breakfast Members of GA spoke to local officials about suicide prevention and #DoTheRight CPR Day at Dutch Bros. American Heart Association taught MYACers about hands only CPR MYACers taught CPR to customers at Dutch Bros. on January 30th Helped support Go Red for Women week Youth Lobby Day Teamed with American Heart Association Spent the day lobbying at the Capitol Promoted suicide awareness Upcoming Events Ignite Youth-Feb. 27th Fundraisers with The Counter (Mar. 6th) and Dickey’s (TBD) Mad City Money-Mar. 20th Do The Right-Apr. 12th Meridian City Council Meeting DATE: February 7, 2017 ITEM NUMBER: 7B PROJECT NUMBER: ITEM TITLE: Storm Event Update 2017 Storm Event Update / After Action Report 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 Storm Event AFTER ACTION REPORT TO CITY COUNCIL FEBRUARY 7, 2017 Timeline of Events •City Declared a State of Emergency on Friday January 6th . Initial Emergency Management Team worked the weekend of Jan. 7th/8th preparing mitigation plan. •Implemented a full Incident Management Team (IMT) on January 10th •Planning Meetings at 10:00 a.m. daily with Tim Nicholson of ACHD included •Incident Briefings at 2:00 p.m. ever day where work assignments were handed out for next operational period •Priorities as identified by Mayor: •Establish and clear priority sidewalks/pathways •Coordinate with ACHD to establish clear roadways •Identify priority storm drains and clear if needed •Develop and implement sandbag distribution plan •Monitor snow loads on buildings •Establish single communication to the public What got done - •ROADWAYS-Contracted crews, under the direction of ACHD, to plow and/or remove snow in cul de sacs, not able to be serviced by ACHD. Also assisted in Priority 1 and 2 hotline calls. •Stormdrains-Monitored storm drain flooding; on Jan. 12th conducted an all day exercise to clear priority storm drains-involved PD, Fire, Park, Water departments •Pathways/Sidewalks-Cleared approximately 71 miles of priority pathways and sidewalks •Sandbag-ACHD dumped sand and ACEM provided sandbags-open to the public for potential flooding of homes and property. Storm Hotline and Messaging •400 emails/phone calls logged during 10 days of activity •Priority 1 (20)-immediate threat to life safety •Priority 2 (4)-immediate threat of flooding •Priority 3 (6)-immediate threat to critical infrastructure (clinic, hospital, pharmacy, grocery) •Priority 4 (370)-all other non-threatening issues •Communicated through •Facebook •NextDoor •www.meridiancity.org/storm •Press releases •Messages on storm hotline voicemail •Media stories/interviews regarding our response to the event Finances •Council approved: •$75,000.00 allocated with the Declaration of Emergency •Increased allocation to $200,000.00 on January 10th •Expenses to Date: $126,797.90 •Labor/OT-$17,406.54 •Contracted Services-$67,634.50 •Equipment Rental-$11,822.81 •Meals-$237.71 •Misc. equipment/repairs/etc.-$29,696.34 Where we are at today.. •Ada County State of Emergency-State has approved County request; may make Meridian eligible for reimbursement of some expenses. •FEMA (State) declaration-State meeting with FEMA representatives tomorrow to discuss possible Presidential declaration. •Thresholds: 2.2 million in damage state-wide covering governmental buildings, non insured damage. Only government building with significant damage (full collapse)-Weiser Rural Fire Station. •Snow removal under FEMA declaration only covers 48 hours. After Action Report –Disaster: What We Learned •We have a great team that mobilized very quickly •We (Meridian and Ada County) were fortunate-mainly an inconvenience disaster but one layer away from a life safety crisis-power outage, building collapse •Snow Specific-Need to ensure current sidewalk ordinance is valid; need to define expectations (ACHD and Meridian); proactive messaging to the public on roles and responsibilities •Moving forward: •Identify and complete needed disaster training (Mngt. Team) •Identify structural engineer(s) •Develop a State of Emergency Policy •Establish a hotline sooner-consider information only depending on event •Establish a common response from Mayor, Communications Manager and other agencies (Joint Information Center) After Action Report –Disaster: What We Learned •Get GIS personnel involved sooner •Get them integrated with GIS personnel from other agencies and establish a common map of work completed •Schools need to identify priority pathways/sidewalks ahead of time •Improve messaging regarding pubic roads vs. private drives •Define roles and relationships with ACEM •Develop an All Hazards Resource list After Action Report –Disaster: What We Learned •Establish City facilities and/or school facilities that can be used as gathering places if needed •Use ICS (Incident Command System) forms with activity logs and check-in/check-out in the field to more accurately capture expenses (including personnel) while event/work is going on •Include Disaster/Emergency Management in new City Council orientation Most importantly some people to thank! •Incident Management Team: Mayor Tammy, Scott Colaianni, Jaycee Holman, Charlie Butterfield, Steve Siddoway, David Jones, Dale Bolthouse, Roger Norberg, Matt Hoffman, Kaycee Emery, Kevin Fedrizzi •Agency Partners: Tim Nicholson (ACHD), Jay Bridenbach (NWS), Joe Lombardo (ACEM) •PD: Sgt. Harper/Arnold; staff that assisted with hotline tracking and hotline advanced team •Water/Wastewater: Storm drain clearing •Parks crews: Critical infrastructure; pathways and sidewalks •Fire crews: Storm drain clearing Meridian City Council Meeting DATE: February 7, 2017 ITEM NUMBER: 7 PROJECT NUMBER: ITEM TITLE: FY2016 Audit Report Update FY2016 Audit Report Update MEETING NOTES L�� Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Financial Statements September 30, 2016 City of Meridian, Idaho The City of Meridian is located in the center of the Treasure Valley in southwest Idaho. Founded in 1893, and incorporated as a city in 1903, Meridian is now one of Idaho's largest and fastest growing communities. Meridian is cited by Money Magazine as one of its Top 50 Best Places to Live, and by America's Promise Alliance and ING as one of the Nation's 100 Best Communities for Young People. For more information, visit www.meridiancity.org. City of Meridian, Idaho Table of Contents September 30, 2016 Independent Auditor’s Report .................................................................................................................................... 1  Management's Discussion and Analysis .................................................................................................................... 3  Financial Statements  Basic Financial Statements  Government-wide Financial Statements  Statement of Net Position .................................................................................................................................... 14  Statement of Activities ......................................................................................................................................... 16  Fund Financial Statements  Balance Sheet – Governmental Funds ................................................................................................................. 17  Reconciliation of the Balance Sheet of Governmental Funds to the Statement of Net Position ......................... 18  Statement of Revenues, Expenditures, and Changes in Fund Balances – Governmental Funds ......................... 19  Reconciliation of the Statement of Revenues, Expenditures, and Changes in Fund Balances of Governmental Funds to the Statement of Activities .................................................................................................................... 20  Statement of Net Position – Proprietary Fund ..................................................................................................... 21  Statement of Revenues, Expenses, and Changes in Fund Net Position – Proprietary Fund ................................ 23  Statement of Cash Flows – Proprietary Fund ...................................................................................................... 24  Notes to Financial Statements .............................................................................................................................. 25  Required Supplementary Information  Schedule of Employer’s Share of Net Pension Liability and Employer Contributions ....................................... 48  Schedule of Revenues, Expenditures, and Changes in Fund Balance – Budget and Actual – General Fund ...... 50  Notes to Required Supplementary Information ................................................................................................... 52  Other Information  Schedule of Revenues, Expenditures and Changes in Fund Balance – Budget and Actual – Capital Projects Fund ..................................................................................................................................................................... 53  Schedule of Revenues, Expenditures and Changes in Fund Balance – Budget and Actual – Enterprise Fund ... 54  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 Standards ....... 55  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 Mayor and Members of the City Council City of Meridian, Idaho Meridian, Idaho Report on the Financial Statements We have audited the accompanying financial statements of the governmental activities, the business-type activities, the discretely presented component unit, and each major fund of the City of Meridian, Idaho, (the City), as of and for the year ended September 30, 2016, and the related notes to the financial statements, which collectively comprise the City’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 opinions 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 Opinions In our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of the governmental activities, the business-type activities, the discretely presented component unit, and each major fund of the City, as of September 30, 2016, and the respective changes in financial position, and, where applicable, cash flows thereof for the year then ended in accordance 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, budgetary comparison information, Schedule of Employer’s Share of Net Pension Liability, and Schedule of Employer Contributions 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 Information Our audit was conducted for the purpose of forming opinions on the financial statements that collectively comprise the City’s basic financial statements. The Schedules of Revenues, Expenditures, and Changes in Fund Balance - Budget to Actual – Capital Projects and Enterprise Fund are presented for purposes of additional analysis and are not a required part of the basic financial statements. The Schedules of Revenues, Expenditures, and Changes in Fund Balance – Budget to Actual – Capital Projects Fund and Enterprise Fund, have not been subjected to the auditing procedures applied in the audit of the basic financial statements and, accordingly, we do not express an opinion or provide any assurance on them. Other Reporting Required by Government Auditing Standards In accordance with Government Auditing Standards, we have also issued our report dated January 31, 2017, on our consideration of the City’s internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and 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 internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards in considering City’s internal control over financial reporting and compliance. Boise, Idaho January 31, 2017 3 City of Meridian, Idaho Management’s Discussion and Analysis September 30, 2016 This section of the City of Meridian’s (City’s) annual financial report presents management’s discussion and analysis of the City’s financial performance during the year ended September 30, 2016. Please use this information in conjunction with the information furnished in the City’s financial statements. Financial Highlights  The total assets and deferred outflows of the City exceeded its liabilities and deferred inflows at September 30, 2016 by $417,907,496. Of this amount $56,906,948 is unrestricted and available to meet the City’s on-going obligations to citizens and creditors.  Net position of the Governmental activities finished the fiscal year 2016 at $125,976,033 and the net position of Business-type activities finished fiscal year 2016 at $291,931,463.  Total fund balance of governmental funds at September 30, 2016 was $44,597,323 as compared to a total governmental fund balance at September 30, 2015 of $39,209,736. o Of the September 30, 2016 fund balance, $21,678,099 is unassigned and available to meet the entities on-going obligations.  The City has no outstanding long-term debt at September 30, 2016. 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 the City 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 the City’s assets and deferred outflows of resources less the liabilities and deferred inflows of resources with the difference 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 City is improving or deteriorating. Statement of Activities – Reports all of the City’s revenues and expenses for the year by function. Examples of functions are public safety, administration, and water and sewer activities. Revenues, such as property tax which cannot be traced to a specific function, are reported as General Revenues. Fund Financial Statements The Fund financial statements provide information about the City’s major funds, not the City as a whole. The City uses a method of accounting, called fund accounting, to separate specific sources of funds and corresponding expenditures. Funds may be required by law or may be established by the City Council. 4 City of Meridian, Idaho Management’s Discussion and Analysis September 30, 2016 The City has the following funds: Governmental Funds: These funds encompass the City’s basic services, public safety, community planning and development, administration, and parks and recreation. 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. The City has two governmental funds: General Fund – The general fund is the general operating fund of the City. It derives most of its income from property tax and funds the operations of the City. It includes the Development Services Fund, used to account for revenue and expenses of the community planning and development function, and the Public Safety Fund used to set aside funds for police and fire capital projects. It also includes the Impact Fee Fund used to account for park and public safety impact fee revenue and capital acquisitions. Capital Projects Fund – The Capital Projects Fund is used to account for financial resources to be used for the acquisition of major capital facilities. The City has one proprietary fund: Enterprise Fund: User fees finance activities in these funds. The water and sewer utilities and all the activities necessary to support their operation are accounted for in this fund. Accounting for this fund is the same as a private business on a full accrual basis. 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 City’s budget data for the year, as well as the City’s schedule of employer’s share of net pension liability and the City’s schedule of employer contributions. FINANCIAL ANALYSIS OF THE CITY OF MERIDIAN AS A WHOLE Net Position Net position measures the difference between what the City owns (assets and deferred outflows) and what the City owes (liabilities and deferred inflows). At September 30, 2016 the City’s combined assets and deferred outflows exceeded liabilities and deferred inflows by $417,907,496 as compared to the net position as of September 30, 2015 of $385,948,649. The largest portion of the City’s net position is invested in capital assets net of related debt. Capital assets include land, building, equipment and machinery, and sewer and water utility infrastructure. 5 City of Meridian, Idaho Management’s Discussion and Analysis September 30, 2016 The City’s unrestricted net position equals $56,906,948 of total net position. This is an increase from FY2015 to FY2016. Assets restricted to a particular use equaled $20,353,876 of the City’s total net position. This is an increase from FY2015 to FY2016. The table below has been condensed from the Statement of Net Position: 2016 2015 2016 2015 2016 2015 Current and Other Assets 76,506,591$ 68,797,086$ 51,827,354$ 47,571,757$ 128,333,945$ 116,368,843$ Capital Assets 92,393,915 89,026,734 249,123,803 230,377,979 341,517,718 319,404,713 Deferred Outflows of Resources 4,774,514 4,573,254 1,192,855 1,143,314 5,967,369 5,716,568 TOTAL Assets and Deferred Outflows of Resources 173,675,020 162,397,074 302,144,012 279,093,050 475,819,032 441,490,124 Current Liabilities 3,438,345 3,220,725 6,054,857 6,583,564 9,493,202 9,804,289 Long-term Liabilities 14,882,474 10,089,470 3,821,259 2,618,055 18,703,733 12,707,525 Deferred Inflows of Resources 29,378,168 31,618,125 336,433 1,411,536 29,714,601 33,029,661 TOTAL Liabilities and Deferred Inflows of Resources 47,698,987 44,928,320 10,212,549 10,613,155 57,911,536 55,541,475 Net Position Invested in Capital Assets Net of Related Debt 92,393,915 89,026,731 248,252,757 230,377,979 340,646,672 319,404,710 Restricted 20,353,876 15,884,993 - - 20,353,876 15,884,993 Unrestricted 13,228,242 12,557,030 43,678,706 38,101,916 56,906,948 50,658,946 TOTAL Net Position 125,976,033$ 117,468,754$ 291,931,463$ 268,479,895$ 417,907,496$ 385,948,649$ Primary Government Governmental Activities Business - type Activities Total 6 City of Meridian, Idaho Management’s Discussion and Analysis September 30, 2016 Changes in Net Position During the year the City’s financial position improved by $31,958,847. The following condensed financial information was derived from the government-wide Statement of Activities and shows how the City’s net position changed during the year. FY2016 FY2015 FY2016 FY2015 FY2016 FY2015 Revenues Program Revenues Charges for services 9,013,372$ 7,876,717$ 24,806,048$ 23,376,694$ 33,819,420$ 31,253,411$ Operating grants and contributions 777,236 555,822 10,226,218 8,871,580 11,003,454 9,427,402 Capital grants and contributions 3,053,968 3,064,533 12,626,940 11,149,103 15,680,908 14,213,636 General Revenue Property taxes 26,695,828 24,729,318 - - 26,695,828 24,729,318 Franchise fees 1,464,268 1,455,287 - - 1,464,268 1,455,287 Sales tax and other governmental 6,216,064 5,501,620 - - 6,216,064 5,501,620 Investment Earnings 370,712 243,741 530,634 422,777 901,346 666,518 Other Revenue 118,241 142,318 106,388 232,271 224,629 374,589 Total Revenues 47,709,689 43,569,356 48,296,228 44,052,425 96,005,917 87,621,781 Expenses General Government Administration 7,877,254 7,323,111 - - 7,877,254 7,323,111 Law Enforcement 14,639,106 13,871,847 - - 14,639,106 13,871,847 Fire Department 9,861,922 9,646,791 - - 9,861,922 9,646,791 Parks and Recreation 5,552,068 5,266,386 - - 5,552,068 5,266,386 Community Planning and Devlp 3,445,408 3,214,876 - - 3,445,408 3,214,876 Enterprise - sewer and water - - 22,671,312 22,075,979 22,671,312 22,075,979 Total Expenses 41,375,758 39,323,011 22,671,312 22,075,979 64,047,070 61,398,990 Excess (deficiency) of revenues over expenditures before transfers 6,333,931 4,246,345 25,624,916 21,976,446 31,958,847 26,222,791 Transfers - internal activities 2,173,348 2,003,013 (2,173,348) (2,003,013) - - Change in net position 8,507,279 6,249,358 23,451,568 19,973,433 31,958,847 26,222,791 Net Position, Beginning of Year 117,468,754 111,219,396 268,479,895 248,506,462 385,948,649 359,725,858 Net Position, Ending of Year 125,976,033$ 117,468,754$ 291,931,463$ 268,479,895$ 417,907,496$ 385,948,649$ Changes in Net Position for Fiscal Year Ending September 30, 2016 Governmental Activities Business-Type Activities Total Primary Government 7 City of Meridian, Idaho Management’s Discussion and Analysis September 30, 2016 The following list details how items are catergorized in various revenue categories listed on the Changes in Net Position report:  Governmental charges for services includes building permits and filing fees, court fines, Rural Fire District, and Parks and Recreation fees.  Governmental capital grants and contributions includes Parks, Police, and Fire impact fees, grant revenue, and donations.  Business-type charges for services include water and sewer sales, engineering fees, and solid waste pickup administration fees.  Business-type operating grants and contributions include water and sewer connection fees and cash donations for operating expenses.  Business-type capital grants and contributions include devloper donated water and sewer lines and donations for capital outlay. Governmental Activities: Governmental net position in FY2016 increased to $125,976,033 from $117,468,754. Governmental revenue finished the fiscal year at $47,709,689 resulting in an increase over last fiscal year. Property tax revenue increased from last year to finish the fiscal year at $26,695,828. This increase in property tax revenue was the result of new residential and commercial construction growth along with the City exercising its ability to increase property tax revenue by up to 3% as allowed by State statute. This result in property tax revenue has been consistent for the City over the past few years. The second significant source of governmental revenue in FY2016 was in the category Charges for Services. A majority of this category’s revenues were development related; commercial and residential building permits, and filing fees. Charges for Services finished FY2016 at $9,013,372 as compared to $7,876,717 in FY2015. Total governmental expenses increased from last fiscal year to finish FY2016 at $41,375,758 from $39,323,011 in FY2015. The function of Administration accounted for $7,877,254 of the total governmental expenses. Administration includes the support departments Human Resources, Information Technology, Legal, and Finance. In the transfers section of the Statement of Activities one half of the expenses for the support departments are transferred to the Enterprise Fund. Administration also includes Mayor and Council, City Clerk, and City Hall. Most of the increase in Administration is associated to additional personnel costs with the addition of 2 new employees. The Police Department expenses accounted for $14,639,106 of the total governmental expenses. Police personnel expenses increased year over year while operating expenses decreased. Police added 4 new positions to their staff during FY2016. Fire Department expenses increased during FY2016 to a total of $9,861,922 as compared to FY2015 of $9,646,791. Similar to the Police Department, personnel expenses increased while operating expenses decreased year over year. The Parks Department expenses accounted for $5,552,068 of the total governmental expenses. Parks personnel expenses increased year over year while operating expenses decreased. Parks added 2.5 new positions to their staff during FY2016. 8 City of Meridian, Idaho Management’s Discussion and Analysis September 30, 2016 Business-Type Activities: The September 30, 2016 net position for the City’s water and sewer utilities was $291,931,463 as compared to the net position at September 30, 2015 of $268,479,895. The activities of the water and sewer services, revenues minus expenses, increased net position by $23,451,568 in FY2016. A majority of the increase in FY2016 can be associated to the contributed capital that the City received throughout the year. When developers complete a development project they transfer ownership of utility infrastructure (i.e. water and sewer lines) within the development to the City. The City assumes responsibility for maintenance and replacements of the utility infrastructure. The graph displays the historical utility infrastructure received from new development which impacts the total net position of the utility. For capital expenditures, the City has consistently completed high dollar infrastructure projects year after year to keep up with City growth and regulatory requirements during the last ten years. Large, on-going construction projects include water and sewer lines, water wells and mains, and expansion and technological improvements to the waste water treatment plant. The Proprietary Fund is divided into three departments: Wastewater, Water, and Public Works. Within Public Works there are several support services; professional engineering support, construction management, inspections, and environmental education. Wastewater is the largest department in the fund. In FY2016 the utility finished with total expenditures of $22,671,312 compared to $22,075,979 in FY2015. The Water Department continued to complete various capital water supply and distribution projects during FY2016 to support the growth in the City while their personnel and operating expenditures decreased slightly year over year. The Wastewater Department continued numerous capital construction projects in FY2016 to accommodate the increased growth demands the City has experienced over the past 10 years. The Wastewater Department is also embarking on a major expansion of the treatment plant to satisfy the requirements imposed upon the City by the Federal Government. The mandates set by the Federal Government will produce various improvements at the treatment plant for both capacity and treatment. The City will be managing the projects associated to Federal Government mandates over the next 8 years. Similar to the Wastewater Department, the personnel and operating expenditures decreased slightly year over year. The Sewer and Water Utility have two principal sources of operating revenue; sewer usage fees and water usage fees. • Sewer usage fees are monthly fees utility customers pay to the City for the collection and treatment of water flushed down the sewage system. • Water usage fees are monthly fees utility customers pay to the City for the water supplied in and on their property. 9 City of Meridian, Idaho Management’s Discussion and Analysis September 30, 2016 Usage fees must cover basic fixed costs to keep the system operational, there are also charges based on resources used, that is, how many gallons each customer uses. Connection or assessment fees are fees charged when a property is “connected” to the system. The end goal of the fee is to produce income to enable the City to build infrastructure that “maintains a consistent level of service” for existing customers as well as new customers. These fees are classed as non-operating revenue. When the City is growing, connection revenue provides resources to expand and improve the system to accommodate the additional demands created by growth. For FY2016, the utility ended the fiscal year with $48,296,228 in total revenue as compared to $44,052,425 for FY2015. Of the major revenue sources for the utility, the sewer and water usage fees increased year over year while the connection/assessment fees ended the fiscal year slightly higher than FY2015 as well. The major reason for the increase in revenues can be associated to the continued growth in customers and new development that the City has experienced for the past few years. FINANCIAL ANALYSIS OF THE CITY’S FUNDS Governmental Funds Governmental Funds provide information about near-term inflows, outflows, and balances of resources that are available for spending. At the end of a fiscal year the unreserved fund balance serves as a useful measure of a government’s net resources. Types of governmental funds reported by the City include the General Fund, the Capital Projects Fund, the Impact Fee Fund, and the Public Safety Fund. At the end of the current year, the City’s governmental funds had a combined ending fund balance of $44,597,323 which is an increase of $5,387,587 over the combined ending fund balance at the end of the prior year. In accordance with GASB Statement No. 54, Fund Balance Reporting and Governmental Fund Type Definitions the fund balances are classified for the year ended September 30, 2016 as follows; of the combined ending fund balance of $44,597,323, $192,651 is in prepaid nonspendable accounts, $20,353,876 is restricted by law, $373,488 has been committed by City Council to be transferred for specific purposes, $1,999,209 is assigned by intent of the City to specific purposes, and $21,678,099 is unassigned and available for spending by the City. Change In GOVERNMENTAL FUND BALANCES FY2016 FY2015 Fund Balance Nonspendable Prepaids 192,651$ 811,936$ (619,285)$ Restricted Impact Fund 12,025,481 9,821,811 2,203,670 Capital Projects Fund 8,328,395 6,058,359 2,270,036 Grant Fund - 4,824 (4,824) Committed Public Safety Fund 373,488 - 373,488 Assigned General Fund Budget for Carryforward 1,986,010 2,986,161 (1,000,151) Public Safety Fund 13,199 105,217 (92,018) Unassigned 21,678,099 19,421,428 2,256,670 TOTAL FUND BALANCE 44,597,323$ 39,209,736$ 5,387,586$ 10 City of Meridian, Idaho Management’s Discussion and Analysis September 30, 2016 The General Fund is the primary operating fund of the City, used for major operations including Fire, Police, Development Services, Parks and Recreation, Elected Officials, and Administration. At the end of FY2016 the unassigned fund balance of the General Fund was $21,678,099. The City does not want the unassigned fund balance to drop below a certain level to leave a safety cushion, and to protect on-going and necessary personnel and operating expense. Nor does the City want to build up an unnecessarily high fund balance, collecting revenue it does not need. Currently the City considers $10,000,000 to be a safe threshold. At September 30, 2016 the City considers $11,678,099 of the $21,678,099 unassigned fund balance available to budget new projects. The Impact Fee Fund is a restricted fund, and by state statute can only be spent on Police, Fire, and Parks capital projects that sustain the level of service existing when the fees were adopted. The City collects impact fees when a building permit is purchased. Park fees are collected only for residential buildings, Fire and Police fees are collected at the sale of both residential and commercial building permits. The fees are calculated based on levels of service, predicted growth, and the ten year capital improvement plans. At the end of FY2016, the Impact Fund had a fund balance of $12,025,481. The Capital Projects Fund is restricted by City ordinance. At the end of each fiscal year, if development related permit fees exceed the costs of the Community Development Department (includes Planning Department, Building Department, Administration, and Economic Development); the excess is transferred into the Capital Projects Fund. The funds can be used for general government construction projects or the purchase of equipment with significant cost and a long life, i.e. a fire engine. At the end of FY2016 the Capital Projects Fund had a balance of $8,328,395. Committed for Public Safety purchases is a fund used to save for public safety construction or large capital purchases, principally fire engines. At the end of FY2016 this fund had a balance of $13,199 plus the approved and committed transfer of $373,488 in FY2017. General Fund Budgetary Highlights Budget to Actual comparisons are found following the Notes to the Financial Statements within the “Other Information” section as listed in the table of contents. Below is a discussion regarding the General Fund Budget to Actual comparison. The final FY2016 General Government budget was $50,504,227. Actual expenditures were $44,310,229. FY2016 General Fund actual revenue of $47,395,704 exceeded the final budget of $41,691,647. The largest percentage of General Fund revenue resides in property tax and finished FY2016 at $26,634,071. Each budget year, by state law, taxing entities are allowed to increase the amount of property tax revenue they received during the prior calendar year by 3%. The City is also allowed to apply the prior year levy rate to the net market value of new construction. Since property tax is paid in arrears this allows the taxing entity to still collect revenue generated by new development. This helps the City provide services new growth requires. For FY2016 the City elected to apply the maximum 3% property tax increase to manage the necessary service level increases resulting from the continued growth that is occurring in the City. 11 City of Meridian, Idaho Management’s Discussion and Analysis September 30, 2016 The City of Meridian has experienced consistent growth each year since coming out of the economic slow-down in FY2012. This is illustrated in the building permit sales graph to the right. Intergovernmental revenue sharing is the second largest revenue stream in FY2016 and finished the fiscal year at $8,217,428. This category includes grants, sales tax revenue sharing, and a joint powers service agreement with the Meridian Rural Fire District. Sales tax revenue is the largest item in intergovernmental revenue. The state distributes sales tax revenue to cities and counties based on a formula that in part uses population for each taxing entity. Increases in Meridian’s population coupled with a more robust economy have resulted in an increase in revenue sharing for Meridian the last number of years. The increased revenue for the City has been used to allocate the necessary resources to the departments for services to be provided to the City. The third largest source of General Fund revenue in FY2016 was licenses and permits, namely building permit sales. At the end of FY2016, the licenses and permits revenue finished the year at $5,439,011. As the graph above depicts, the City has maintained a healthy growth pattern with building permits approvals. The City is cautious when preparing the budget for this category because a swing in the housing market will drastically reduce permit revenue. Additionally commercial permit revenue is difficult to predict because the fee structure is based on numerous factors such as square footage and value. Multi-family housing development is relatively new to the City of Meridian. Following national trends the last three years the City issued more building permits for multi-family housing than at any time in the past. Budgeting for these permits, as with commercial, is difficult due to complexities in how building permits amounts are calculated. Impact fee revenue exceeded the budgeted amount by $1,116,744. As explained above, impact fees are charged when the building permit is issued and the revenue is restricted to a narrow use by state law. There are three categories of budget expenditures; personnel, operating, and capital outlay. The discussion below will address each category and the differences between budget and actual. The functions are Administration, Public Safety (Police and Fire), Community Development Services, and Parks and Recreation. The largest percentage of the budget is in personnel cost which includes wages, payroll taxes, retirement, and health insurance. Actual total general government expenditures of $44,310,229 ended the year under the final budget of $50,504,227. 12 City of Meridian, Idaho Management’s Discussion and Analysis September 30, 2016 Personnel expenses are a combination of on-going costs like wages, income taxes, medical benefits, PERSI retirement, and worker’s compensation. The total actual personnel expense was $27,836,539 as compared to the final budget of $28,821,280. The primary reason for the variance between actual and budget is related to the amount of vacancy positions that were not filled during the fiscal year. Overall the City added 9 positions to the General Government FY2016 budget; these positions were filled at various times throughout the year. Operating expenses are a combination of on-going costs like fuel, utilities, supplies, and on-going maintenance, and one-time expenses like payments to consultants, or one time purchases of equipment. The total actual operating expense was $9,016,502 as compared to the final budget of $10,100,878. The largest budget to actual variance for the operating expenses is due to the City not expending grant dollars as anticipated (nearly $400,000 unspent). Capital expenditures are a combination of one-time expenses like new vehicles, park construction, software acquisition, and building improvements. The total Governmental Fund FY2016 capital expense was $7,457,188 as compared to the final budget of $11,582,069. The largest budget to actual variance for the capital expenses is due to the Parks department not completing anticipated park construction during FY2016. All remaining budget amounts pertaining to uncompleted park construction projects will be completed in FY2017. CAPITAL ASSET and DEBT ADMINISTRATION Capital Assets At the end of FY2016 the City had $340,646,672 invested in capital assets (net of accumulated depreciation). During fiscal year the City’s total investment in net assets increased. See table below: 2016 2015 2016 2015 2016 2015 Land $ 26,676,068 $ 26,150,337 $ 1,976,798 $ 1,966,193 $ 28,652,866 $ 28,116,530 Easements 495,023 385,635 9,452,778 8,601,800 9,947,801 8,987,435 Intangibles - 1 - - - 1 Buildings and improvements other than buildings 59,026,935 56,327,295 56,340,268 55,440,098 115,367,203 111,767,393 Sewer and water lines - - 142,794,032 133,389,782 142,794,032 133,389,782 Equipment 5,779,074 4,420,648 21,734,539 17,541,812 27,513,613 21,962,460 Construction in progress 416,815 1,742,818 15,954,342 13,438,294 16,371,157 15,181,112 $ 92,393,915 $ 89,026,734 $ 248,252,757 $ 230,377,979 $ 340,646,672 $ 319,404,713 Capital Assets as of September 30, 2016 (net of depreciation) Governmental Activities Business - Type Activities Total Primary Government The City’s investment in capital assets includes land, buildings, sewer and water lines, buildings, vehicles and equipment. Sidewalks, bridges, and roads belong to the Ada County Highway District. 13 City of Meridian, Idaho Management’s Discussion and Analysis September 30, 2016 The City’s investment in capital assets includes land, buildings, sewer and water lines, buildings, vehicles and equipment. Sidewalks, bridges, and roads belong to the Ada County Highway District. Major capital asset events in the General Government Funds in FY2016 included:  $525,731 in Land Acquisitions (includes Homecourt acquisition)  $3,483,768 in Buildings Construction (includes Homecourt acquisition)  $2,524,827 in new Equipment (includes 2 new fire trucks) Major capital asset events in the Business-type Funds in FY2016 included:  $372,728 in Well construction  $124,320 in constructed Waterlines  $1,271,829 in constructed Sewerlines  $11,464,248 in Capital projects still in construction and not yet completed (includes various wastewater treatment plant construction projects to manage growth demands and treatment mandates) The City booked $4,213,471 in depreciation expense for Governmental City functions and $8,914,585 for Business-type activities. FY2017 Economic Factors and Budgetary Considerations The City of Meridian prepares an economic forecast as a component in the process of developing the annual budget. Following local and national indicators currently affecting the City of Meridian, the City’s approved FY2017 budget anticipated a level of economic activity commiserate with the prior year. Since the spring of 2012, construction and development has continued to be active and steady. The following were taken into consideration by the City Council when it adopted the FY2017 Budget:  The City provided for a compensation pool for the non-public safety employees of 3%  The City considered the current FY2016 economic conditions and trends while working on the FY2017 budget. The City maintained that a conservative approach to revenue projections was in the best interest of the City.  The City Council elected to increase the annual property taxes by 2% which is allowable by State code.  The City continued to the practice of taking on no debt.  The Fire Department labor contract negotiations were agreed upon for 2 years and will be open for negotiations again starting FY2019.  The City’s sewer and water customer utility accounts continue to see growth of about 3% annually. Requests for Information This report is designed to provide a general overview of the City of Meridian’s finances for our citizens and customers. If you have questions about this report or need additional financial information, contact: City of Meridian Finance Department 33 E. Broadway Ave. Meridian, Idaho 83642 Phone: (208) 888-4433 See Notes to Financial Statements 14 City of Meridian, Idaho Statement of Net Position September 30, 2016 Governmental Business-Type Component Activities Activities Total Unit Assets Current Assets Cash and cash equivalents 18,564,290$ 18,393,817$ 36,958,107$ 961,892$ Restricted cash and cash equivalents 8,853,264 - 8,853,264 - Investments 13,815,315 28,876,409 42,691,724 - Restricted investments 3,207,419 - 3,207,419 - Receivables Accounts (net of $34,999 allowance for enterprise fund uncollectibles)871,173 3,353,835 4,225,008 2,899 Current portion of note receivable - 76,752 76,752 - Property taxes 28,732,959 - 28,732,959 1,206,322 Due from other governmental units 2,214,748 - 2,214,748 - Interest 54,772 73,403 128,175 - Deposits and prepaid expenses 192,651 1,053,138 1,245,789 2,826 Total current assets 76,506,591 51,827,354 128,333,945 2,173,939 Noncurrent Assets Long-term note receivable - 871,046 871,046 - Capital assets Land, infrastructure, and other assets not depreciated 27,587,906 27,383,918 54,971,824 845,067 Buildings, improvements and equipment, net of depreciation 64,806,009 220,868,839 285,674,848 570,095 Total noncurrent assets 92,393,915 249,123,803 341,517,718 1,415,162 Deferred Outflow of Resources Pension obligations 4,774,514 1,192,855 5,967,369 - 173,675,020$ 302,144,012$ 475,819,032$ 3,589,101$ Primary Government See Notes to Financial Statements 15 City of Meridian, Idaho Statement of Net Position September 30, 2016 Governmental Business-Type Component Activities Activities Total Unit Liabilities Current liabilities Accounts payable 1,620,577$ 4,612,952$ 6,233,529$ 51,540$ Accrued payroll and taxes 1,166,056 298,184 1,464,240 - Customer deposits 451,341 1,116,514 1,567,855 - Due within one year Accrued vacation - current portion 200,371 27,207 227,578 - Note payable - current portion - - - 94,243 Total current liabilities 3,438,345 6,054,857 9,493,202 145,783 Noncurrent liabilities Accrued vacation - less current portion 1,376,892 244,863 1,621,755 - Note payable - less current portion - - - 514,363 Settlement payable - 200,000 200,000 - Net pension liability 13,505,582 3,376,396 16,881,978 - Total noncurrent liabilities 14,882,474 3,821,259 18,703,733 514,363 Deferred Inflows of Resources Pension employer assumptions 1,345,731 336,433 1,682,164 - Unavailable revenues - property taxes 28,032,437 - 28,032,437 1,156,559 Total liabilities and deferred inflows 47,698,987 10,212,549 57,911,536 1,816,705 Net Position Net investment in capital assets 92,393,915 248,252,757 340,646,672 806,556 Restricted for 965,840 Impact funds 12,025,481 - 12,025,481 - Capital improvements 8,328,395 - 8,328,395 - Unrestricted 13,228,242 43,678,706 56,906,948 - Total net position 125,976,033 291,931,463 417,907,496 1,772,396 173,675,020$ 302,144,012$ 475,819,032$ 3,589,101$ Primary Government See Notes to Financial Statements Operating Capital Charges for Grants and Grants and Functions/Programs Expenses Services Contributions Contributions Primary Government Governmental Activities General government Administration 7,877,254$ 195,088$ 358,336$ -$ Public safety Law enforcement 14,639,106 959,802 343,947 256,386 Fire department 9,861,922 1,418,684 11,337 1,073,495 Parks and recreation 5,552,068 728,401 36,340 1,724,087 Community development 3,445,408 5,711,397 27,276 - Total governmental activities 41,375,758 9,013,372 777,236 3,053,968 Business-Type Activities Water and wastewater 22,671,312 24,806,048 10,226,218 12,626,940 Total Primary Government 64,047,070$ 33,819,420$ 11,003,454$ 15,680,908$ Component Unit Downtown development 528,428$ -$ -$ -$ General revenues Shared revenues Property taxes, levied for general purposes Franchise fees Sales tax and other governmental Investment earnings Net increase in fair value of investments Miscellaneous Gain on sale of fixed assets Transfers - internal activities Total general revenues and transfers Change in Net Position Net Position, Beginning of Year Net Position, Ending of Year Program Revenues 1 6 City of Meridian, Idaho Statement of Activities Year Ended September 30, 2016 Government Business-typeC o mponent Activities Activities Total Unit (7,323,830)$ -$ (7,323,830)$ -$ (13,078,971) - (13,078,971) - (7,358,406) - (7,358,406) - (3,063,240) - (3,063,240) - 2,293,265 - 2,293,265 - (28,531,182) - (28,531,182) - - 24,987,894 24,987,894 - (28,531,182)$ 24,987,894$ (3,543,288)$ -$ -$ -$ -$ (528,428)$ 26,695,828$ -$ 26,695,828$ 900,404$ 1,464,268 - 1,464,268 - 6,216,064 - 6,216,064 - 370,712 530,634 901,346 3,135 30,030 80,145 110,175 - 27,311 13,099 40,410 4,886 60,900 13,144 74,044 - 2,173,348 (2,173,348) - - 37,038,461 (1,536,326) 35,502,135 908,425 8,507,279 23,451,568 31,958,847 379,997 117,468,754 268,479,895 385,948,649 1,392,399 125,976,033$ 291,931,463$ 417,907,496$ 1,772,396$ Net (Expense) Revenue and Changes in Net Position Primary Government See Notes to Financial Statements 17 City of Meridian, Idaho Balance Sheet – Governmental Funds September 30, 2016 Total Capital Governmental General Projects Funds Assets Cash and cash equivalents 12,503,928$ 6,060,362$ 18,564,290$ Investments 13,815,315 - 13,815,315 Receivables Accounts 871,173 - 871,173 Property taxes 28,732,959 - 28,732,959 Due from other governmental units 2,214,748 - 2,214,748 Interest 51,867 2,905 54,772 Prepaid items 192,651 - 192,651 Restricted assets Cash and cash equivalents 8,853,264 - 8,853,264 Investments 3,207,419 - 3,207,419 $ 70,443,324 $ 6,063,267 $ 76,506,591 Liabilities, Deferred Inflows and Fund Balance Liabilities Current Liabilities Accounts payable 1,610,652$ 9,925$ 1,620,577$ Accrued payroll and taxes 1,166,056 - 1,166,056 Customer deposits 451,341 - 451,341 Total current liabilities 3,228,049 9,925 3,237,974 Deferred Inflows of Resources Unavailable revenue - property taxes 28,671,294 - 28,671,294 Total liabilities and deferred inflows 31,899,343 9,925 31,909,268 Fund Balances Nonspendable Prepaids 192,651 - 192,651 Restricted Impact Fund 9,120,148 - 9,120,148 Fund Balance Budget of Carryforward 2,905,333 - 2,905,333 Capital Projects Fund 2,275,053 5,649,246 7,924,299 Fund Balance Budget of Carryforward - 404,096 404,096 Committed Public Safety Fund Fund Balance Reserved for Transfer 373,488 - 373,488 Assigned Fund Balance Budget of Carryforward 1,986,010 - 1,986,010 Public Safety Fund 13,199 - 13,199 Unassigned 21,678,099 - 21,678,099 Total fund balances 38,543,981 6,053,342 44,597,323 70,443,324$ 6,063,267$ 76,506,591$ See Notes to Financial Statements 18 City of Meridian, Idaho Reconciliation of the Balance Sheet of Governmental Funds to the Statement of Net Position September 30, 2016 Fund balances - total governmental funds 44,597,323$ Amounts reported for governmental activities in the statement of activities are different because: Capital assets used in governmental activities are not financial resources and therefore are not reported in the funds.92,393,915 Some of the property taxes receivable are not available to pay for current-period expenditures and therefore are deferred in the funds.638,857 Long-term debt is not due and payable in the current period and therefore is not reported in the funds. Net pension liability (13,505,582) Deferred outflows of resources related to pension obligations.4,774,514 Deferred inflows of resources related to pensions.(1,345,731) Accrued vacation is not due and payable in the current period and therefore is not reported in the funds.(1,577,263) Net position of governmental activities 125,976,033$ See Notes to Financial Statements 19 City of Meridian, Idaho Statement of Revenues, Expenditures, and Changes in Fund Balances – Governmental Funds Year Ended September 30, 2016 Total Capital Governmental General Projects Funds Revenues Taxes 26,634,071$ -$ 26,634,071$ Licenses and permits 5,439,011 - 5,439,011 Intergovernmental 8,217,428 - 8,217,428 Franchise fees 1,464,268 - 1,464,268 Fines and forfeitures 510,387 - 510,387 Charges for services 1,724,789 - 1,724,789 Interest 347,597 23,115 370,712 Miscellaneous 27,311 - 27,311 Donations 119,662 - 119,662 Impact revenues 2,911,180 - 2,911,180 Total revenues 47,395,704 23,115 47,418,819 Expenditures General government 6,611,708 - 6,611,708 Public safety 23,119,934 - 23,119,934 Parks and recreation 3,696,274 - 3,696,274 Community development services 3,425,125 - 3,425,125 Capital outlay 7,457,188 24,635 7,481,823 Total expenditures 44,310,229 24,635 44,334,864 Excess (Deficiency) of Revenues Over (Under) Expenditures 3,085,475 (1,520) 3,083,955 Other Financing Sources (Uses) Operating transfer in 2,173,348 - 2,173,348 Operating transfer out (3,043,921) 3,043,921 - Unrealized gain (loss) on investments 33,527 (3,497) 30,030 Proceeds from sale of capital assets 100,254 - 100,254 Total other financing sources (uses)(736,792) 3,040,424 2,303,632 Net Change in Fund Balances 2,348,683 3,038,904 5,387,587 Fund Balance, Beginning of Year 36,195,298 3,014,438 39,209,736 Fund Balance, End of Year 38,543,981$ 6,053,342$ 44,597,323$ See Notes to Financial Statements 20 City of Meridian, Idaho Reconciliation of the Statement of Revenues, Expenditures, and Changes in Fund Balances of Governmental Funds to the Statement of Activities Year Ended September 30, 2016 Change in fund balance - total governmental funds 5,387,587$ Amounts reported for governmental activities in the statement of net position are different because: 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 outlays exceeded depreciation and loss on sale of assets in the current period. New capital 7,481,821 Depreciation (4,213,471) Loss on fixed asset (39,354) Total 3,228,996 Capital assets contributed by citizens or developers are not a source of financial resources and thus, are not recognized in the governmental funds. 138,183 Some property tax revenue in the statement of activities does not provide current financial resources and is not reported as revenue in the governmental funds. 61,757 Expenditures (revenues) related to the net pension liability that do not require the use of current financial resources and therefore are not reported as expenditures in governmental funds. (250,386) Expenditures related to the long-term portion of accrued vacation do not require the use of current financial resources and therefore are not reported as expenditures governmental funds.(58,858) Change in net position of governmental activities 8,507,279$ See Notes to Financial Statements 21 City of Meridian, Idaho Statement of Net Position – Proprietary Fund September 30, 2016 Enterprise Fund Water and Sewer Assets Current Assets Cash and cash equivalents 18,393,817$ Investments 28,876,409 Receivables Accounts (net of $34,999 allowance for uncollectibles) 3,294,145 Current portion of long-term note receivable 76,752 Due from other governments 59,690 Interest 73,403 Prepaids 1,053,138 Total current assets 51,827,354 Noncurrent Assets Long-term note receivable 871,046 Capital assets Land 1,976,798 Easements 9,452,778 Construction in progress 15,954,342 Buildings and improvements other than buildings 81,817,455 Sewer and water lines 182,978,309 Machinery and equipment 38,857,763 Less accumulated depreciation (82,784,688) Total noncurrent assets 249,123,803 Deferred Outflow of Resources Pension investments 1,192,855 302,144,012$ See Notes to Financial Statements 22 City of Meridian, Idaho Statement of Net Position – Proprietary Fund September 30, 2016 Enterprise Fund Water and Sewer Liabilities and Net Position Current Liabilities Accounts payable 4,612,952$ Accrued payroll and taxes 298,184 Accrued vacation - current portion 27,207 Customer deposits 1,116,514 Total current liabilities 6,054,857 Noncurrent Liabilities Accrued vacation - less current portion 244,863 Net pension liability 3,376,396 Settlement payable 200,000 Total noncurrent liabilities 3,821,259 Deferred Inflow of Resources Pension investments 336,433 Net Position Net invested in capital assets 248,252,757 Unrestricted 43,678,706 Total net position 291,931,463 302,144,012$ See Notes to Financial Statements 23 City of Meridian, Idaho Statement of Revenues, Expenses, and Changes in Fund Net Position – Proprietary Fund Year Ended September 30, 2016 Enterprise Fund Water and Sewer Operating Revenues Charges for services Water sales 8,341,286$ Sewer sales 14,366,754 Other service revenues 456,185 Sale of meters 383,268 Trash billing service 688,552 Engineering fees 570,003 Miscellaneous 13,099 Total operating revenues 24,819,147 Operating Expenses Personnel services 7,470,457 Other services and charges 2,984,969 Depreciation 8,914,585 Supplies 2,189,790 Heat, lights and power 1,111,511 Total operating expenses 22,671,312 Operating Income 2,147,835 Nonoperating Revenues (Expenses) Interest revenue 530,634 Connection assessment fees and donations 10,226,218 Gain on sale of fixed assets 13,144 Net increase in fair value of investments 80,145 Total nonoperating revenues 10,850,141 Income Before Contributions and Transfers 12,997,976 Donated waterlines and sewerlines 12,626,940 Operating transfers out (2,173,348) Change in Net Position 23,451,568 Net Position, Beginning of Year 268,479,895 Net Position, End of Year 291,931,463$ See Notes to Financial Statements 24 City of Meridian, Idaho Statement of Cash Flows – Proprietary Fund Year Ended September 30, 2016 Enterprise Fund Water and Sewer Operating Activities Receipts from customers and users 24,384,188$ Payments to suppliers (7,443,636) Payments to employees (7,358,162) Net Cash from Operating Activities 9,582,390 Noncapital Financing Activities Operating transfer to general fund (2,173,348) Net Cash used for Noncapital Financing Activities (2,173,348) Capital and Related Financing Activities Connection assessment fees 10,226,218 Proceeds from sale of capital assets 17,233 Payments on notes receivable 113,423 Acquisition of capital assets (14,166,511) Net Cash used for Capital and Related Financing Activities (3,809,637) Investing Activities Purchase of investments (17,578,095) Sale of investments 18,020,205 Interest received 549,294 Net Cash from Investing Activities 991,404 Net Change in Cash 4,590,809 Cash and Cash Equivalents, Beginning of Year 13,803,008 Cash and Cash Equivalents, End of Year 18,393,817$ Reconciliation of Operating Income to Net Cash from Operating Activities Operating income 2,147,835$ Adjustments to reconcile operating income to net cash from operating activities Depreciation 8,914,585 GASB 68 actuarial pension expense 63,372 Changes in assets and liabilities Accounts receivable (116,108) Prepaid items (913,775) Accounts payable (243,591) Accrued payroll and taxes 48,923 Customer deposits (318,851) Net Cash from Operating Activities 9,582,390$ Supplemental Disclosure of Cash Flow Information Developer and customer contributed sewer and water lines 12,626,940$ 25 City of Meridian, Idaho Notes to Financial Statements September 30, 2016 Note 1 - Summary of Significant Accounting Policies The City of Meridian, Idaho (the City) was incorporated August, 1903. The City operates under a mayor and council form of government and provides the following services as authorized by its charter; public safety (police and fire), community planning and development, parks and recreation, general administrative services, and water and sewer service. The accounting and reporting policies of the City relating to the funds included in the accompanying basic financial statements conform to generally accepted accounting principles applicable to state and local governments. The Governmental Standards Board (GASB) is the accepted standard setting body for establishing government accounting and financial reporting principles. The more significant of the City’s accounting policies are described below. Financial Reporting Entity As required by generally accepted accounting principles, these basic financial statements present the City in conformance with GASB, component units are organizations that are included in the reporting entity because of the significance of their operational or financial relationships with the City. Component units are legally separate organizations for which the City is financially accountable. The component unit column in the combined financial statements is the financial data of the City’s single component unit, the Meridian Development Corporation (MDC). MDC is a separate and distinct legal entity created by state statute. The directors of MDC are appointed by the Mayor and approved by the City Council. MDC promotes downtown development services for the citizens of the City. Complete financial statements can be obtained from the City of Meridian Division of Financial Management, 33 East Broadway Avenue, Meridian, Idaho. The City contributes to the multi-employer Public Employee Retirement System of Idaho (the System). The System is administered by the State of Idaho and the City is not the major participant in the plan; therefore, the plan’s financial statements are not included in this report. Government-Wide and Fund Financial Statements The government-wide 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 effect of interfund activity has been removed from these statements. Governmental activities, which normally are supported by taxes and intergovernmental revenues, are reported separately from business-type activities which rely, to a significant extent, on fees and charges for support. The statement of activities demonstrates the degree to which the direct expenses of a given function or segment is offset by program revenues. Direct expenses are those that are clearly identifiable with a specific function or segment. Program revenues include; charges to customers or applicants who purchase, use, or directly benefit from goods, services, or privileges provided by a given function or segment, 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. Separate financial statements are provided for governmental funds and proprietary funds. Major individual governmental funds and major individual enterprise funds are reported as separate columns in the fund financial statements. 26 City of Meridian, Idaho Notes to Financial Statements September 30, 2016 Measurement Focus, Basis of Accounting, and Financial Statement Presentation The government-wide financial statements are reported using the economic resources measurement focus and the accrual basis of accounting, as are the proprietary fund financial statements. 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. Governmental fund financial statements are 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. Property taxes, franchise taxes, licenses, and interest associated with the current fiscal period are all considered to be susceptible to accrual and so have been recognized as revenues of the current fiscal period. Only the portion of special assessments receivable due within the current fiscal period is considered to be susceptible to accrual as revenue of the current period. All other revenue items are considered to be measurable and available only when cash is received by the government. The City reports the following major governmental funds; General Fund - The General Fund is the general operating fund of the City. It is used for all financial resources except those required to be accounted for in another fund. Capital Projects Fund- The Capital Projects Fund is used to account for financial resources to be used for the acquisition or construction of major capital facilities (other than those financed by proprietary funds). The City reports the following major proprietary fund; Enterprise Fund – The Enterprise Fund is used to account for water and sewer operations financed and operated in a manner similar to private business. The intent of the governing body is that costs (expenses, including depreciation) of providing goods or services to the general public on a continuing basis be financed or recovered primarily through user charges. Additionally the governing body may have decided that periodic determination of revenues earned, expenditures incurred, and/or net income is appropriate for capital maintenance, public policy, management control, accountability or other purposes. As a general rule, the effect of inter-fund activity has been eliminated from the government-wide financial statements. Exceptions to this general rule are charges between various functions of the government when elimination of these charges would distort the direct costs and program revenues reported for the various functions concerned. Amounts reported as program revenues include: 1) charges to customers or applicants for goods, services, or privileges provided, 2) operating grants and contributions, and 3) capital grants and contributions, including special assessments. Internally dedicated resources are reported as general revenues rather than as program revenues. 27 City of Meridian, Idaho Notes to Financial Statements September 30, 2016 Proprietary funds distinguish operating revenues and expenses from non-operating items. Operating revenues and expenses generally result from providing services and products and delivering goods in connection with a proprietary fund’s principal ongoing operations. The principal operating revenues of the City’s enterprise funds are charges for services to customers for water and sewer sales and services. Operating expenses for enterprise funds include the cost of sales and services, administrative expenses, and depreciation on capital assets. All revenues and expenses, such as fees property owners pay to connect to the utility system, not meeting this definition are reported as non-operating revenues and expenses. Cash and Cash Equivalents For purposes of the statement of cash flows, the City considers all highly liquid investments with a maturity of three months or less when purchased to be cash equivalents. Property Taxes Receivable Within the governmental fund financial statement, 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. Since the City is on a September 30 fiscal year end, property taxes levied during September for the succeeding year's collection are recorded as deferred inflow of resources at the City's year end and recognized as revenue in the following fiscal year. Ada County bills and collects taxes for the City. Customer Services Receivable Amounts owed to the City for customer services are due from area residents and businesses and relate to water, sewer and trash services provided by the City. The receivable is reported net of an allowance for uncollectible accounts. An allowance is reported when accounts are proven to be uncollectible. The allowance for uncollectible accounts was $34,999 as of September 30, 2016. Deposits and Prepaid Expenses Deposits and prepaid expenses consist of deposits paid by developers for various improvements as well as payments to vendors that reflect costs applicable to future accounting periods and are reported as prepaid expenses. Capital Assets Capital assets, which include property, plant, equipment and infrastructure assets (e.g., parks, wells, water and sewer lines and similar items) are reported in the applicable governmental or business-type activities columns in the government-wide financial statements. 28 City of Meridian, Idaho Notes to Financial Statements September 30, 2016 Capital assets are defined by the government as assets with an initial individual cost of $5,000 and over for machinery and equipment, $25,000 and over for building and land improvements, buildings, intangibles, and infrastructure, and an estimated useful life in excess of three years. Land acquisitions regardless of cost are recorded as capital assets. All material fixed assets are valued at cost. Donated fixed assets are valued at their acquisition value on the date donated. GASB requires that the City capitalize and report intangible assets, such as easements and internally created software. To value easements, the City uses current land values calculated from Ada County Assessor’s data divided by two, internally developed software is valued at cost. Depreciation is recorded by use of the straight-line method. The book value of each asset is reduced by equal amounts over its estimated useful life as follows: E s t i m a t e d U s e f u l Life (Years) B u i l d i n g s 3 0 S e w e r p l a n t 2 5 S e w e r a n d w a t e r l i n e s 5 0 Improvements other than buildings 10-50 E q u i p m e n t a n d s o f t w a r e 5 - 2 0 P u b l i c d o m a i n i n f r a s t r u c t u r e 4 0 Maintenance, repairs, and minor renewals are charged to operations as incurred. When an asset is disposed of accumulated depreciation is deducted from the original cost, and any gain or loss arising from its disposal is credited or charged to operations. Major outlays for capital assets and improvements are capitalized as projects are constructed. Interest costs incurred during construction of capital assets of business-type activities are capitalized when they are material. No interest costs were included as part of the cost of capital assets under construction in the current year. Compensated Absences Payable The City provides vacation and sick leave to its full-time employees. Earned vacation is paid to employees when taken or paid to employees or beneficiaries upon the employees’ termination, retirement or death. The City does not pay earned sick pay upon the employees’ termination, retirement or death for non-union employees. The Fire Department union members are paid ten percent of their sick leave accrual upon the employees’ voluntary termination, 25% upon employees’ retirement, and 100% upon employees’ death. The amount of unused vacation accumulated by City employees is accrued as an expense when incurred in the Proprietary Fund, which uses the accrual basis of accounting. In the Governmental Funds, only the amount that normally would be liquidated with expendable available financial resources is accrued as current year expenditures. Unless it is anticipated that compensated absences will be used in excess of a normal year’s accumulation, no additional expenditures are accrued. 29 City of Meridian, Idaho Notes to Financial Statements September 30, 2016 Deferred Outflows/Inflows of Resources The statement of net position includes a separate section for deferred outflows of resources. The separate financial statement element, represents a consumption of net position that applies to future period(s) and will not be recognized as an outflow of resources (expense) until then. The City’s deferred outflow of resources consist of the pension obligation. The pension obligation results from the difference between the projected and actual investment earnings, the changes in assumptions, the change the City’s proportionate share of the City’s net pension liability, and the contributions subsequent to the measurement date of the City’s net pension liability. In addition to the liabilities, the statement of net position includes a separate section for deferred inflow of resources. This separate financial statement element, represents an acquisition of net position that applies to future periods, so will not be recognized as an inflow of resources (revenue) until that time. The City has two items that qualify for reporting in the category: the deferred net pension and unavailable revenue. The employer deferred net pension results from the difference between the expected and actual experience of the pension plan and the net difference between projected and actual investment earnings on the pension plan investments. The unavailable revenue is reported in both the statement of net position and the balance sheet for the governmental fund and represents the unavailable revenues from property taxes. Pensions For purposes of measuring the net pension liability and pension expense, information about the fiduciary net position of the Public Employee Retirement System of Idaho Base Plan (Base Plan) and additions to/deductions from the Base Plan’s fiduciary net position have been determined on the same basis as they are reported by the Base Plan. For this purpose, benefit payments (including refunds of employee contributions) are recognized when due and payable in accordance with the benefit terms. Investments are reported at fair value. Fund Balances Fund balance of governmental funds is reported in various categories based on the nature of any limitation requiring the use for specific purposes. Fund balances in the governmental balance sheet are categorized as follows: Nonspendable - when the resources cannot be spent because they are either legally or contractually required to be maintained intact, or are in a nonspendable form such as inventories, prepaid accounts, and assets held for resale. Restricted - when the constraints placed on the use of resources are either: (a) externally imposed by creditors, grantors, contributors, or laws or regulations of other governments: or (b) imposed by law through constitutional provisions or enabling legislation. Committed - when the City Council passes an ordinance or resolution that places specific constraints on how the resources may be used. The City Council can modify or rescind the ordinance or resolution at any time through passage of an additional ordinance or resolution, respectively. Assigned - when it is intended for a specific purpose and the authority to “assign” is delegated to the City’s Chief Financial Officer. 30 City of Meridian, Idaho Notes to Financial Statements September 30, 2016 Unassigned - fund balance is the residual classification for the General Fund. This classification represents fund balance that has not been restricted, committed, assigned, or deemed nonspendable within the General Fund. This classification is also used to report any negative fund balance amounts in other governmental funds. The City Council adopted a Fund Balance Policy that establishes a practice of reserving four months of the current year budget of personnel and recurring annual operating costs as minimum fund balance needed to ensure sufficient cash flow to meet the City’s obligations. This reserve will be in the unassigned fund balance. This policy also recommends a spending order of restricted, committed, assigned and then unassigned unless Council approves otherwise. Risk Management The City is exposed to various risks of loss related to theft of, damage to, or destruction of assets. The City participates in a public entity risk pool, Idaho Counties Risk Management Pool (ICRMP), for liability, medical and disability insurance. The City's exposure to loss from its participation in ICRMP is limited only to the extent of their deductible. Encumbrances Encumbrance accounting, under which purchase orders, contracts, and other commitments for the expenditure of monies are recorded in order to reserve that portion of the applicable appropriation, is not employed by the City. Estimates The preparation of financial statements in conformity with accounting principles generally accepted in the United States of America requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and reported amounts of revenues and expenditures or expenses during the reporting period. Actual results could differ from those estimates. Recently Issued and Adopted Accounting Pronouncements During the year ended September 30, 2016, the City implemented GASB Statement No. 72, Fair Value Measurement and Application. GASB Statement No. 72 addresses accounting and financial reporting issues related to fair value measurements. The implementation of this standard requires governments to use valuation techniques that are appropriate under the circumstances and for which sufficient data are available to measure fair value. Governments are required to disclose fair value measurements, the level of fair value hierarchy, and valuation techniques. Additional disclosures are also required regarding investments in certain entities that calculate net asset value per share (or its equivalent). Accordingly, the additional disclosures required by GASB Statement No. 72 are included in Note 2. Additionally, the Idaho Local Government Investment Pool (LGIP) investment funds are now considered cash equivalents by the City and have been reclassified as such in the “Cash and Cash Equivalents, Beginning of Year” balance in the “Statement of Cash Flows – Proprietary Fund.” During the year ended September 30, 2016, the City implemented GASB Statement No. 76, The Hierarchy of Generally Accepted Accounting Principles for State and Local Governments. GASB Statement No. 76 identifies, in the context of the current governmental financial reporting environment, the hierarchy of GAAP. The Statement raises the category of GASB Implementation Guides in the GAAP hierarchy from level 4 to level 2. The adoption of GASB Statement No. 76 did not have a material impact on the City’s financial statements. 31 City of Meridian, Idaho Notes to Financial Statements September 30, 2016 Note 2 - Cash and Investments Cash and investments as of September 30, 2016 are classified in the accompanying financial statements as follows: Cash and cash equivalents 36,958,107$ Cash and cash equivalents - restricted 8,853,264 Total cash and cash equivalents 45,811,371$ Investments 42,691,724$ Investments - restricted 3,207,419 Total investments 45,899,143$ Investments Authorized by the State of Idaho and the City of Meridian’s Investment Policy Investment types that are authorized for the City of Meridian by the Idaho Code and the City’s investment policy are as follows: 1. Local, State and U.S. Agency Bonds 2. U. S. Agency Securities 3. Certificates of Deposit The City also participates in the State of Idaho Local Investment Pool (LGIP) and the State of Idaho Diversified Bond Fund (DBF). Both the LGIP and the DBF are regulated by Idaho Code under the oversight of the Treasurer of the State of Idaho. The Pools are not registered with the Securities and Exchange Commission or any other regulatory body. The State Treasurer does not provide any legally binding guarantees to support the value of the shares to participants. The LGIP is a low risk investment pool with high liquidity. Therefore the City’s investment in the pool is reported as a cash equivalent in the accompanying financial statements. The LGIP is not currently rated by a nationally recognized rating agency. The funds are invested in short term investments in the priority order of safety, liquidity, and yield. The DBF invests in longer term investment vehicles with higher returns over time than the LGIP. The DBF is not currently rated by a nationally recognized rating agency. However the investment guidelines require that funds be invested in high quality securities that provide a high level of return, with a reasonable level of risk while meeting or exceeding the Barclay’s Capital Intermediate A+ Aggregate Fixed Income Index. The City invests money in the DBF that it does not expect to need within the next three to five years. The City’s investment in the DBF is reported based on its pro-rata share of the fair market value provided by the fund for the entire portfolio. Fair Value Hierarchy Investments are measured at fair value on a recurring basis. Recurring fair value measurements are those that GASB Statements require or permit in the statement of net position at the end of each reporting period. Fair value measurements are categorized based on the valuation inputs used to measure an asset’s fair value. The following provides a summary of the hierarchy used to measure fair value. 32 City of Meridian, Idaho Notes to Financial Statements September 30, 2016  Level 1 – Inputs are quoted prices in active markets for identical assets.  Level 2 – Inputs other than quoted prices included within Level 1 that are observable for the asset or liability either directly or indirectly, including quoted prices for similar assets or liabilities.  Level 3 – Valuations derived from valuation techniques in which significant valuation drivers are observable. The City’s investments’ fair value measurements are as follows at September 30, 2016: Level 1 Level 2 Level 3 Investments measured at fair value Fair Value Inputs Inputs Inputs Debt Securities U.S. Agency bonds 24,549,194$ -$ 24,549,194$ -$ Municipal bonds 1,117,906 - 1,117,906 - value level 25,667,100 -$ 25,667,100$ -$ Investments measured at the net asset value (NAV) State of Idaho Diversified Bond Fund (DBF)20,232,043 Total investments at fair value 45,899,143$ Fair Value Measurements Using Total investments by fair Level 2 inputs for the investments above are based on a matrix pricing model. Investments valued using the net asset value (NAV) per share generally do not have readily obtainable market values and are instead valued based on the City’s pro-rata share of the pool’s fair value of the underlying assets. Oversight for the Diversified Bond Fund is with the Idaho State Treasurer and Idaho Code, which defines allowable investments. In general, the investment guidelines require that funds be invested in high quality securities in a manner that provides higher total return than the shorter pools given a reasonable level of risk measured over a long period. Securities in DBF are shared positions valued at current market values. The City values these investments based on information provided by the State of Idaho Treasurer’s Office. The following table presents the unfunded commitments, redemption frequency and the redemption notice period for City’s investments measured at the NAV: Unfunded Redemption Redemption Fair Value Commitments Frequency Notice Period State of Idaho Diversified Bond Fund (DBF)20,232,043$ None Monthly 5-25 days Investments Measured at the NAV Disclosures Relating to Interest Rate Risk Interest rate risk is the risk that changes in market interest rates will adversely impact the fair value of an investment. Generally, the longer the maturity of an investment the greater the sensitivity of its fair value to changes in market interest rates. This risk can be managed using a calculation called duration that uses various inputs such as yield and years until maturity to estimate interest rate risk. Generally the higher the duration number the higher the risk. The City manages exposure to interest rate risk by purchasing a combination of long and short-term investments. 33 City of Meridian, Idaho Notes to Financial Statements September 30, 2016 Investment Type Fair Value Rating Duration U.S. Agency bonds 24,549,194$ AA+3.1 Municipal bonds 1,117,906 AA+3.6 Idaho Diversified Bond Fund (DBF) 20,232,043 not rated Idaho Local Government Investment Pool (LGIP) 39,473,243 not rated Money market funds 3,383,116 not rated Other cash and cash equivalents 2,955,012 Total cash and investments 91,710,514$ Disclosures Relating to Credit Risk Generally, credit risk is the risk that an issuer of an investment will not fulfill its obligation to the holder of the investment. This is measured by the assignment of a rating by a nationally recognized statistical rating organization. The City’s investment policy is consistent with the State Code related to credit risk. Concentration of Credit Risk When investments are concentrated in one issuer this concentration represents increased risk of potential loss. The GASB has adopted a principal that governments should provide note disclosure when five percent of the entity’s total investments are concentrated in any one issuer. Investments in obligations specifically guaranteed by the U.S. Government, mutual funds, and other pooled investments are exempt from disclosure. The City’s investment policy has no limitations on the amount that can be invested in any one issuer. Investments in any one issuer (other than State Investment Pools) that represent 5% or more of total City investments are as follows: Issuer Investment TypeR eported Amount Percentage Federal Home Loan Mortgage U.S. Agency Bond 6,557,583$ 14.3% Federal National Mortgage U.S. Agency Bond 4,391,969 9.6% Federal Farm Credit Bank U.S. Agency Bond 4,159,549 9.1% Fannie Mae U.S. Agency Bond 3,943,717 8.6% Federal Home Loan Bank U.S. Agency Bond 3,163,032 6.9% Freddie Mac U.S. Agency Bond 2,333,342 5.1% Custodial Credit Risk Custodial credit risk for deposits is the risk that, in the event of the failure of a depository financial institution, a government will not be able to recover its deposits or will not be able to recover collateral securities that are in possession of an outside party. The custodial credit risk for investments is the risk that in the event of the failure of the counterparty (e.g. broker-dealer) to a transaction, a government will not be able to recover the value of its investment or collateral securities that are in the possession of another party. 34 City of Meridian, Idaho Notes to Financial Statements September 30, 2016 At year end, the carrying amount of the City’s cash deposits was $45,811,370 and the bank balance was $46,047,474. Of the bank balance $1,356,411 is guaranteed by the Securities Investor Protection Corporation, $250,000 was covered by federal depository insurance, $2,026,705 was collateralized with securities held at the Federal Home Bank of Seattle for the Bank of the Cascades and pledged to the City of Meridian, $39,473,243 was held by the State of Idaho Local Group Investment Pool, and the remainder of our deposits $2,941,115 with Bank of the Cascades are secured in an undivided collateral pool for public agencies. The City minimizes exposure to custodial credit risk with investments by requiring that to the extent possible they be identified as to City of Meridian ownership and be held in the City’s name. All commercial paper, agency bonds and municipal bonds are held in custody by Charles Schwab & Co. in the City’s name. The City further reduces risk by confining investment to insured levels in any one institution. Note 3 - Due from Other Governmental Units The following summarizes the intergovernmental receivables at September 30, 2016: State of Idaho State Liquor Dispensary 170,400$ State Tax Commission 1,214,303 Idaho Transportation Department 43,022 Other Idaho Agencies 26,715 Federal Agencies 38,904 Meridian Development Corporation 25,000 Meridian Rural Fire District 262,817 Ada County 433,587 Total Due from Other Governmental Units 2,214,748$ Note 4 - Note Receivable In December 2014, the City entered into an agreement to annex the homes in a subdivision outside of city limits and provide them with water and sewer service. The subdivision had a utility district, Meridian Heights Water and Sewer District (MHWSD), which was dissolved in December 2014 upon approval from the District Court. All assets and liabilities of MHWSD were transferred to the City at that time, including MHWSD’s debt of $1,280,294, which is being repaid to the City by the former members of MHWSD over a period of 20 years at an interest rate of 3.5% as follows: Beginning Balance Ending Balance as of October 1, Interest and as of September 30, 2015 Adjustments Payments 2016 Long-term note receivable 1,061,220$ 33,948$ (147,370)$ 947,798$ 35 City of Meridian, Idaho Notes to Financial Statements September 30, 2016 Annual Payment 2017 76,752$ 2018 76,752 2019 76,752 2020 76,752 2021 76,752 2022-2026 383,760 2027-2029 180,278 947,798$ Fiscal Year Note 5 - Capital Assets Changes to capital assets are as follows: Balance Balance Governmental Activities Oct. 1, Sept. 30, 2015 Additions Deletions Transfers 2016 Capital assets, not depreciated Land 26,150,337$ 525,731$ -$ -$ 26,676,068$ Easements 385,635 109,388 - - 495,023 Construction in progress 1,742,818 235,716 - (1,561,719) 416,815 Total capital assets, not depreciated 28,278,790 870,835 - (1,561,719) 27,587,906 Capital assets, depreciated Buildings 40,043,224 3,483,768 - - 43,526,992 Improvements other than buildings 34,135,317 740,574 - 1,561,719 36,437,610 Internally developed software 47,027 - - - 47,027 Equipment 13,341,070 2,524,827 676,080 - 15,189,817 Total capital assets, depreciated 87,566,638 6,749,169 676,080 1,561,719 95,201,446 Less accumulated depreciation for Buildings 8,626,016 1,373,235 - - 9,999,251 Improvements other than buildings 9,225,230 1,713,186 - - 10,938,416 Internally developed software 47,026 1 - - 47,027 Equipment 8,920,422 1,127,049 636,728 - 9,410,743 Total accumulated depreciation 26,818,694 4,213,471 636,728 - 30,395,437 Total net capital assets, depreciated 60,747,944 2,535,698 39,352 1,561,719 64,806,009 Governmental activities capital assets, net 89,026,734$ 3,406,533$ 39,352$ -$ 92,393,915$ 36 City of Meridian, Idaho Notes to Financial Statements September 30, 2016 Balance Balance Business-type Activities Oct. 1, Sept. 30, 2015 Additions Deletions Transfers 2016 Capital assets, not depreciated Land 1,966,193$ 10,605$ -$ -$ 1,976,798$ Easements 8,601,800 850,978 - - 9,452,778 Construction in progress 13,438,294 11,464,248 188,889 (8,759,311) 15,954,342 Total capital assets, not depreciated 24,006,287 12,325,831 188,889 (8,759,311) 27,383,918 Capital assets, depreciated Buildings and improvements other than buildings 77,655,152 629,855 - 3,532,448 81,817,455 Sewer and water lines 170,014,381 11,542,963 - 1,420,965 182,978,309 Machinery and equipment 32,675,845 2,480,103 104,083 3,805,898 38,857,763 Total capital assets, depreciated 280,345,378 14,652,921 104,083 8,759,311 303,653,527 Less accumulated depreciation for Buildings and improvements other than buildings 22,215,054 3,262,133 - - 25,477,187 Sewer and water lines 36,624,599 3,559,678 - - 40,184,277 Machinery and equipment 15,134,033 2,092,774 103,583 - 17,123,224 Total accumulated depreciation 73,973,686 8,914,585 103,583 - 82,784,688 Total net capital assets, depreciated 206,371,692 5,738,336 500 8,759,311 220,868,839 Business-type activities capital assets, net 230,377,979$ 18,064,167$ 189,389$ -$ 248,252,757$ Depreciation expense was charge to functions/programs of the City as follows: Governmental activities General government 1,220,136$ Public safety 1,160,120 Parks and recreation 1,833,215 Total depreciation expense - governmental activities 4,213,471$ Business-type activities Water and Sewer 8,914,585$ Total depreciation expense - business-type activities 8,914,585$ 37 City of Meridian, Idaho Notes to Financial Statements September 30, 2016 Note 6 - Interfund Balances and Transfers The following transfers were made for the purpose of funding operations: Capital General Projects Fund Fund Total Transfer out General Fund -$ 3,043,921$ 3,043,921$ Enterprise Fund 2,173,348 - 2,173,348 Total transfers 2,173,348$ 3,043,921$ 5,217,269$ Transfer In The transfer from the enterprise fund to the general fund was related to personnel and operating costs that were paid by the general fund during FY2016. The transfer from the general fund to the capital projects fund was the excess of building permit revenues from prior years. Note 7 - Changes in Long-Term Obligations The following is a summary of changes in long-term obligations of the City for the year ended September 30, 2016: Due Balance Debt Debt Balance Within Oct.1, 2015 Issued Retired Sept. 30, 2016 One Year Governmental Activities Accrued vacation 1,518,405$ 58,858$ -$ 1,577,263$ 200,371$ Business-type activities Accrued vacation 255,194$ 16,876$ -$ 272,070$ 27,207$ Settlement payable 200,000 - - 200,000 - 455,194$ 16,876$ -$ 472,070$ 27,207$ 38 City of Meridian, Idaho Notes to Financial Statements September 30, 2016 Note 8 - Fund Balances – Governmental Funds As of September 30, 2016 fund balances were classified as follows: Nonspendable - the City’s nonspendable fund balance was for prepaid expenses. Restricted - the City had restricted fund balances for impact fees and the Capital Projects Fund as mandated by the State of Idaho. Committed – the City Council committed to a transfer of funds from the General Fund to the Public Safety Capital Projects Fund during the FY2017 budget appropriation. Assigned - the City’s CFO assigned carryforward of the FY2016 budget balance to be spent in FY2017. Unassigned - this classification represents fund balance that has not been restricted, committed, or assigned within the General Fund. Balance Balance Oct. 1, 2015 Net ChangeS ept. 30, 2016 Fund Balances Nonspendable Prepaids 811,936$ (619,285)$ 192,651$ Restricted Impact fund 8,882,764 237,384 9,120,148 Impact fund budget carryforward 939,047 1,966,286 2,905,333 Capital projects fund 5,629,628 2,294,671 7,924,299 Capital projects fund budget carryforward 428,731 (24,635) 404,096 Grant fund 4,824 (4,824) - Committed Public safety fund Public safety fund budget transfer - 373,488 373,488 Assigned General fund budget carryforward 2,986,161 (1,000,151) 1,986,010 Public safety fund 105,217 (92,018) 13,199 Unassigned 19,421,428 2,256,671 21,678,099 Total fund balances 39,209,736$ 5,387,587$ 44,597,323$ Note 9 - Lease Agreements The City has operating leases for land and office equipment. In FY2014 the City entered into a prepaid irrevocable use 20 year agreement with Syringa Networks, LLC for the right to use certain dark fiber in the Syringa Networks System. The City was required to make an initial payment of $1,367,000 to Syringa to install the fiber. The City has no ownership rights now or in the future in the fiber, but prepayment is considered an asset and recorded as a capital asset. The agreement also requires that the City pay annual maintenance and operating costs for a period of twenty years. 39 City of Meridian, Idaho Notes to Financial Statements September 30, 2016 The various equipment lease agreements cover periods from July 24, 2007 through August 8, 2034, and the minimum annual payments range from $959 to $13,800. Total rental expense in FY2016 for all operating leases (which include rental, maintenance and usage) was approximately $215,985. Future minimum annual lease payments for operating leases with remaining lease terms in excess of one year are as follows: Operating Leases 2017 52,277$ 2018 37,128 2019 14,210 2020 13,800 2021 13,800 2022-2026 69,000 2027-2031 69,000 2032-2036 41,400 Total minimum obligations 310,615$ Note 10 - Defined Benefit Pension Plan Plan Description The City contributes to the Base Plan which is a cost-sharing multiple-employer defined benefit pension plan administered by Public Employee Retirement System of Idaho (PERSI or System) that covers substantially all employees of the State of Idaho, its agencies and various participating political subdivisions. The cost to administer the plan is financed through the contributions and investment earnings of the plan. PERSI issues a publicly available financial report that includes financial statements and the required supplementary information for PERSI. That report may be obtained on the PERSI website at www.persi.idaho.gov. Responsibility for administration of the Base Plan is assigned to the Board comprised of five members appointed by the Governor and confirmed by the Idaho Senate. State law requires that two members of the Board be active Base Plan members with at least ten years of service and three members who are Idaho citizens not members of the Base Plan except by reason of having served on the Board. Pension Benefits The Base Plan provides retirement, disability, death and survivor benefits of eligible members or beneficiaries. Benefits are based on members’ years of service, age, and highest average salary. Members become fully vested in their retirement benefits with five years of credited service (5 months for elected or appointed officials). Members are eligible for retirement benefits upon attainment of the ages specified for their employment classification. The annual service retirement allowance for each month of credited service is 2.0% (2.3% for police/firefighters) of the average monthly salary for the highest consecutive 42 months. 40 City of Meridian, Idaho Notes to Financial Statements September 30, 2016 The benefit payments for the Base Plan are calculated using a benefit formula adopted by the Idaho Legislature. The Base Plan is required to provide a 1% minimum cost of living increase per year provided the Consumer Price Index increases 1% or more. The PERSI Board has the authority to provide higher cost of living increases to a maximum of the Consumer Price Index movement or 6%, whichever is less; however, any amount above the 1% minimum is subject to review by the Idaho Legislature. Member and Employer Contributions Member and employer contributions paid to the Base Plan are set by statute and are established as a percent of covered compensation. Contribution rates are determined by the PERSI Board within limitations, as defined by state law. The Board may make periodic changes to employer and employee contribution rates (expressed as percentages of annual covered payroll) that are adequate to accumulate sufficient assets to pay benefits when due. The contribution rates for employees are set by statute at 60% of the employer rate for general employees and 72% for police and firefighters. As of June 30, 2016 it was 6.79% for general employees and 8.36% for police and firefighters. The employer contribution rate as a percent of covered payroll is set by the Retirement Board and was 11.32% for general employees and 11.66% for police and firefighters. The City’s contributions were $2,796,909 for the year ended September 30, 2016. Pension Liabilities, Pension Expense (Revenue), and Deferred Outflows of Resources and Deferred Inflows of Resources Related to Pensions At September 30, 2016, the City reported a liability for its proportionate share of the net pension liability. The net pension liability was measured as of June 30, 2016, and the total pension liability used to calculate the net pension liability was determined by an actuarial valuation as of that date. The City’s proportion of the net pension liability was based on the City’s share of contributions in the Base Plan pension plan relative to the total contributions of all participating PERSI Base Plan employers. At June 30, 2016, the City’s proportion was 0.008327922. For the year ended September 30, 2016, the City recognized pension expense of $3,100,208. At September 30, 2016, the City reported deferred outflows of resources and deferred inflows of resources related to pensions from the following sources: Deferred Outflows Deferred Inflows of Resources of Resources Differences between expected and actual experience -$ 1,682,164$ Changes in assumptions or other inputs 375,275 - Net difference between projected and actual earnings on pension plan investments 4,377,527 - Changes in the employer's proportion and differences between the employer's contributions and the employer's proportionate contributions 492,935 - City contributions subsequent to the measurement date 721,632 - Total 5,967,369$ 1,682,164$ 41 City of Meridian, Idaho Notes to Financial Statements September 30, 2016 $721,632 is reported as deferred outflows of resources related to pensions resulting from Employer contributions subsequent to the measurement date will be recognized as a reduction of the net pension liability in the year ending September 30, 2017. The average of the expected remaining service lives of all employees that are provided with pensions through the System (active and inactive employees) determined at July 1, 2015, the beginning of the measurement period ended June 30, 2016, is 4.9 years and 5.5 years for the measurement period ended June 30, 2015. Other amounts reported as deferred outflows of resources and deferred inflows of resources related to pensions will be recognized in pension expense (revenue) as follows: Year ended September 30, 2017 153,564$ 2018 153,564 2019 2,095,001 2020 1,161,444 3,563,573$ Actuarial Assumptions Valuations are based on actuarial assumptions, the benefit formulas, and employee groups. Level percentages of payroll normal costs are determined using the Entry Age Normal Cost Method. Under the Entry Age Normal Cost Method, the actuarial present value of the projected benefits of each individual included in the actuarial valuation is allocated as a level percentage of each year’s earnings of the individual between entry age and assumed exit age. The Base Plan amortizes any unfunded actuarial accrued liability based on a level percentage of payroll. The maximum amortization period for the Base Plan permitted under Section 59-1322, Idaho Code, is 25 years. The total pension liability in the June 30, 2016 actuarial valuation was determined using the following actuarial assumptions, applied to all periods included in the measurement: Inflation 3.25% Salary increases 4.25 – 10.00% Salary inflation 3.75% Investment rate of return 7.10%, net of investment expenses Cost-of-living adjustments 1% Mortality rates were based on the RP – 2000 combined table for healthy males or females as appropriate with the following offsets:  Set back 3 years for teachers  No offset for male fire and police  Forward one year for female fire and police  Set back one year for all general employees and all beneficiaries 42 City of Meridian, Idaho Notes to Financial Statements September 30, 2016 An experience study was performed for the period July 1, 2007 through June 30, 2013 which reviewed all economic and demographic assumptions other than mortality. Mortality and all economic assumptions were studied in 2014 for the period from July 1, 2009 through June 30, 2013. The Total Pension Liability as of June 30, 2016 is based on the results of an actuarial valuation date of July 1, 2016. The long-term expected rate of return on pension plan investments was determined using the building block approach and a forward-looking model in which best estimate ranges of expected future real rates of return (expected returns, net of pension plan investment expense and inflation) are developed for each major asset class. These ranges are combined to produce the long-term expected rate of return by weighing the expected future real rates of return by the target asset allocation percentage and by adding expected inflation. Even though history provides a valuable perspective for setting the investment return assumption, the System relies primarily on an approach which builds upon the latest capital market assumptions. Specifically, the System uses consultants, investment managers and trustees to develop capital market assumptions in analyzing the System’s asset allocation. The assumptions and the System’s formal policy for asset allocation are shown below. The formal asset allocation policy is somewhat more conservative than the current allocation of System’s assets. The best-estimate range for the long-term expected rate of return is determined by adding expected inflation to expected long-term real returns and reflecting expected volatility and correlation. The capital market assumptions are as of January 1, 2016. Capital Market Assumptions Expected Expected Strategic Strategic Asset Class Return Risk Normal Ranges Equities 70% 66% - 77% Broad Domestic Equity 9.15% 19.00% 55% 50% - 65% International 9.25% 20.20% 15% 10% - 20% Fixed Income 3.05% 3.75% 30% 23% - 33% Cash 2.25% 0.90% 0% 0% - 5% Expected Expected Expected Expected Total Fund Return Inflation Real Return Risk Actuary 7.00% 3.25% 3.75% N/A Portfolio 6.58% 2.25% 4.33% 12.67% *Expected arithmetic return net of fees and expenses 43 City of Meridian, Idaho Notes to Financial Statements September 30, 2016 Actuarial Assumptions Assumed Inflation - Standard Deviation 3.25% Portfolio Arithmetic Mean Return 2.00% Portfolio Long-Term Expected Geometric Rate of Return 7.50% Assumed Investment Expenses 0.40% Long-Term Expected Geometric Rate of Return, Net of Investment Expenses 7.10% Discount Rate The discount rate used to measure the total pension liability was 7.10%. The projection of cash flows used to determine the discount rate assumed that contributions from plan members will be made at the current contribution rate. Based on these assumptions, the pension plans’ net position was projected to be available to make all projected future benefit payments of current plan members. Therefore, the long-term expected rate of return on pension plan investments was applied to all periods of projected benefit payments to determine the total pension liability. The long-term expected rate of return was determined net of pension plan investment expense but without reduction for pension plan administrative expense. Sensitivity of the Employer's proportionate share of the net pension liability to changes in the discount rate. The following presents the Employer's proportionate share of the net pension liability calculated using the discount rate of 7.10 percent, as well as what the Employer's proportionate share of the net pension liability would be if it were calculated using a discount rate that is 1-percentage-point lower (6.10 percent) or 1-percentage-point higher (8.10 percent) than the current rate: 1 % Decrease (6.10%) Current Discount Rate (7.10%) 1% Increase (8.10%) Employer's proportionate share of the net pension liability 33,116,447$ 16,881,978$ 3,381,222$ Pension plan fiduciary net position Detailed information about the pension plan's fiduciary net position is available in the separately issued PERSI financial report. PERSI issues a publicly available financial report that includes financial statements and the required supplementary information for PERSI. That report may be obtained on the PERSI website at www.persi.idaho.gov. Payables to the pension plan At September 30, 2016, the City reported payables to the defined benefit pension plan of $243,983 for legally required employer contributions and $162,113 for legally required employee contributions which had been withheld from employee wages but not yet remitted to PERSI. 44 City of Meridian, Idaho Notes to Financial Statements September 30, 2016 Note 11 - Other Commitments The City had the following commitments at September 30, 2016: Commitment Amount Animal control services 277,599$ Art 1,538 Building improvements & maintenance 4,915 Centrate Basin construction 930,686 Dues & contributions 684,715 Equipment and electronics 1,308,027 Headworks improvements 707,428 Janitorial services 198,325 Leases 18,720 Lift station improvements 394,638 Park improvements 915,511 Parks maintenance 151,963 Professional services 1,038,941 Public Safety Training Center 77,469 Ultraviolet disinfection 325,115 Wastewater improvement 273,348 Water and Sewer line replacements 987,545 Water meters 225,542 Water well improvements 500,771 Total commitments 9,022,796$ Note 12 - Other Post-Employment Benefits The City’s Fire Union contract, effective October 1, 2015 changed the way post-employment health care benefits are paid to Fire Union retirees. Prior to this date, Fire Union retirees, who qualified under PERSI’s rule of 80 by points, age, medical disability, or by any method in existence at the time of retirement allowed by PERSI were allowed to a health care benefit of the value of 25% of their sick leave balance at the time of retirement. This was used to pay the health insurance premium for the employee until the cash value was depleted. With such a small pool of employees eligible for this post-employment benefit, it has been the City’s position that it is not cost effective to have an actuarial determination performed to calculate the ARC (Annual Required Contribution) as required by GASB 45. In accordance with GASB 45 the City has 30 years to accrue the unfunded portion of any existing liability. At no time was the amount material enough to have an actuarial determination performed to calculate the ARC (Annual Required Contribution) as required by GASB 45. From October 1, 2015 forward Fire Union employees will receive a one-time cash payout of 25% of qualifying sick leave accrual. This means the City has no post-employment benefits to report in accordance with GASB 45. 45 City of Meridian, Idaho Notes to Financial Statements September 30, 2016 Note 13 - Contingent Liabilities The City has been named as a defendant in various legal actions, the results of which are not presently determinable, except as described below. However, in the opinion of the City Attorney, the amount of losses that might be sustained, if any, would not materially affect the City’s financial position. Under the terms of federal and state grants, periodic audits are required and certain costs may be questioned as not being appropriate expenditures under the terms of the grants. Any disallowed claims, including amounts already collected, could become a liability of the City. City management believes disallowances, if any, will not be material. In 2006, the City entered into an agreement with a developer to jointly provide water and sewer services for a subdivision under development (Bittercreek Meadows Subdivision Homeowners Association), outside the City limits. The developer put in a well and turned it over to the City so that homeowners could connect to the City water system. Since the development did not grow beyond 24 lots the City was not able to provide sewer and water services. In 2011, the agreement was nullified and the City paid damages to the developer, reimbursed the existing homeowners for their cost to connect to City water, deeded back the well, the well lot, a lift station lot, and land easements to the homeowners. In 2014, the City of Meridian entered into a Settlement and Mutual Release Agreement with Bittercreek Meadows Subdivision Homeowners Association in which the City agreed to connect 24 lots to the City of Kuna’s waste water treatment plant. The cost to do this is not known since it is dependent on development of adjoining vacant land but an estimated cost of $200,000 was recorded and is reflected in the Statement of Net Position for our Proprietary Fund. The City is currently a party to an appeal before the District Court regarding Ada County courthouse usage. At this time, the City is unable to determine the probability of the outcome of the litigation and therefore no liability has been accrued as of September 30, 2016. Note 14 - Related Party The City partners with Meridian Development Corporation (MDC) for various downtown improvements. During the year ended September 30, 2016, the City agreed to contribute $96,844 for various downtown projects. Note 15 - Subsequent Event Subsequent to year end the City entered into a commitment for $35,565,000 for the WRRF Liquid Stream Capacity Expansion. The costs associated with this expansion are expected to be paid over the course of three years. 46 City of Meridian, Idaho Notes to Financial Statements September 30, 2016 Note 16 - Component Unit The MDC is created by and exists under the Idaho Urban Renewal Law of 1965, as amended, and is a separate and legal entity. In July 2016, the City approved the establishment of MDC’s second district, known as the Ten Mile District. MDC – Capital Assets Changes to capital assets are as follows: Balance Balance Oct. 1, 2015 Additions Deletions Transfers Sept. 30, 2016 Governmental Activities Capital assets, not depreciated Land 845,067$ -$ -$ -$ 845,067$ Total capital assets, not depreciated 845,067 - - - 845,067 Capital assets, depreciated Buildings 579,710 - - - 579,710 Building improvements 131,188 1,100 - - 132,288 Equipment 100,437 - - - 100,437 Intangibles 180,160 - - - 180,160 Total capital assets, depreciated 991,495 1,100 - - 992,595 Less accumulated depreciation for Buildings (121,229) (23,733) - - (144,962) Equipment (91,118) (6,260) - - (97,378) Intangibles (180,160) - - - (180,160) Total accumulated depreciation (392,507) (29,993) - - (422,500) Total net capital assets, depreciated 598,988 (28,893) - - 570,095 Governmental activities capital assets, net 1,444,055$ (28,893)$ -$ -$ 1,415,162$ MDC – Changes in Long-Term Debt MDC has a promissory note for $1,274,000 that matures on March 5, 2022 with a fixed interest rate of 3.89% collateralized by real property. The following is a summary of changes in debt of MDC for the year ended September 30, 2016. 2015 Debt Issued Debt Retired 2016 Governmental Activities Note payable - building 707,751$ -$ (99,145)$ 608,606$ Governmental Activities long-term liabilities 707,751$ -$ (99,145)$ 608,606$ 47 City of Meridian, Idaho Notes to Financial Statements September 30, 2016 Maturities of the note payable are as follows for the years ended September 30: Fiscal Year Principal Interest Total 2017 94,243$ 20,184$ 114,427$ 2018 106,710 18,120 124,830 2019 110,935 13,894 124,829 2020 115,330 9,500 124,830 2021 119,897 4,933 124,830 2022 61,491 698 62,189 Totals 608,606$ 67,329$ 675,935$ MDC – 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 31, 2017 and is unsecured. 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, 2016. 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, 2016 City of Meridian, Idaho 4 8 City of Meridian, Idaho Sc h e d u l e o f E m p l o y e r ’ s S h a r e o f N e t P e n s i o n L i a b i l i t y a n d E m p l o yer Contributions Year Ended September 30, 2016 20 1 6 2 0 1 5 2 0 1 4 Em p l o y e r ' s p o r t i o n o f n e t p en s i o n l i a b i l i t y 0 . 8 3 2 7 9 2 2 % 0 . 8 3 0 9 2 2 5 % 0.7877442% Em p l o y e r ' s P r o p o r t i o n a t e s h a r e o f t h e n e t p e n s i o n l i a b i l i t y 1 6 , 8 81 , 9 7 8 $ 1 0 , 9 4 1 , 8 9 9 $ 5 , 7 9 9 , 0 3 0 $ Em p l o y e r ' s c o v e r e d - e m p l o y e e p a y r o l l 2 4 , 5 0 6 , 4 7 3 $ 2 3 , 4 1 8 , 7 0 4 $ 2 1 , 6 7 0 , 6 6 0 $ Em p l o y e r ' s p r o p o r t i o n a l s h a r e o f t h e n e t p e n s i o n l i a b i l i t y a s a pe r c e n t a g e o f i t s c o v e r e d - e m p l o y e e p a y r o l l 6 8 . 8 9 % 4 6 . 7 2 % 2 6 . 7 6 % Pl a n f i d u c i a r y n e t p o s i t i o n a s a p e r c e n t a g e o f t h e t o t a l p e n s i o n l i a b i l i t y 8 7 . 2 6 % 9 1 . 3 8 % 9 4 . 9 5 % Sc h e d u l e o f E m p l o y e r ' s S h a r e o f N e t P e n s i o n L i a b i l i t y PE R S I - B a s e P l a n La s t 3 F i s c a l Y e a r s * * G A S B S t a t e m e n t N o . 6 8 r e q u i r e s t e n y e a r s o f i n f o r m a t i o n t o b e p r e s e n t e d i n t h i s t a b l e . H o w e v e r , u n t i l a f u l l 1 0 - y e a r t r e n d is c o m p i l e d , t h e C i t y w i l l p r e s e n t in f o r m a t i o n f o r t h o s e y e a r s f o r wh i c h i n f o r m a t i o n i s a v a i l a b l e . Da t a r e p o r t e d i s m e a s u r e d a s o f J u n e 3 0 , 2 0 1 6 . 4 9 City of Meridian, Idaho Sc h e d u l e o f E m p l o y e r ’ s S h a r e o f N e t P e n s i o n L i a b i l i t y a n d E m p l o yer Contributions Year Ended September 30, 2016 20 1 6 2 0 1 5 2 0 1 4 St a t u t o r i l y r e q u i r e d c o n t r i b u t i o n $ 2 , 4 7 5 , 5 7 8 $ 2 , 7 1 7 , 9 6 4 2,560,496 $ Co n t r i b u t i o n s i n r e l a t i o n t o t h e s t a t u t o r i l y r e q u i r e d c o n t r i b u t io n 2 , 7 9 6 , 9 0 9 $ 2 , 6 8 2 , 6 2 0 $ 2 , 4 6 1 , 7 3 9 $ Co n t r i b u t i o n ( d e f i c i e n c y ) e x c e s s 3 2 1 , 3 3 1 $ ( 3 5 , 3 4 4 ) $ ( 9 8 , 7 5 7 ) $ Em p l o y e r ' s c o v e r e d - e m p l o y e e p a y r o l l 2 4 , 9 6 6 , 3 6 0 $ 2 4 , 0 2 9 , 2 3 7 $ 2 2 , 1 4 2 , 2 3 3 $ Co n t r i b u t i o n s a s a p e r c e n t a g e o f co v e r e d - e m p l o y e e p a y r o l l 1 1 . 2 0 % 11 . 1 6 % 1 1 . 1 2 % La s t 3 F i s c a l Y e a r s * Sc h e d u l e o f E m p l o y e r C o n t r i b u t i o n s PE R S I - B a s e P l a n * G A S B S t a t e m e n t N o . 6 8 r e q u i r e s t e n y e a r s o f i n f o r m a t i o n t o b e p r e s e n t e d i n t h i s t a b l e . H o w e v e r , u n t i l a f u l l 1 0 - y e a r t r e n d is c o m p i l e d , t h e C i t y w i l l p r e s e n t in f o r m a t i o n f o r t h o s e y e a r s f o r wh i c h i n f o r m a t i o n i s a v a i l a b l e . Da t a r e p o r t e d i s m e a s u r e d a s o f S e p t e m b e r 3 0 , 2 0 1 6 . See Notes to Required Supplementary Information 50 City of Meridian, Idaho Schedule of Revenues, Expenditures, and Changes in Fund Balance – Budget and Actual – General Fund Year Ended September 30, 2016 Actual Variance With Original Final Amounts Final Budget Revenues Taxes 26,220,029$ 26,220,029$ 26,634,071$ 414,042$ Licenses and permits 3,610,034 3,610,034 5,439,011 1,828,977 Intergovernmental 6,280,469 6,777,351 8,217,428 1,440,077 Franchise fees 1,325,000 1,325,000 1,464,268 139,268 Fines and forfeitures 459,000 459,000 510,387 51,387 Charges for services 1,248,000 1,255,080 1,724,789 469,709 Impact revenues 1,794,436 1,794,436 2,911,180 1,116,744 Donations 18,250 78,303 119,662 41,359 Interest 140,000 140,000 347,597 207,597 Miscellaneous 5,000 32,414 27,311 (5,103) Total revenues 41,100,218 41,691,647 47,395,704 5,704,057 Expenditures General government personnel costs 4,654,919 4,654,519 4,442,935 211,584 General government operating expense 2,536,522 2,957,613 2,168,773 788,840 Public safety Police personnel costs 12,008,051 12,014,088 11,780,101 233,987 Police operating expense 2,382,649 2,545,906 2,110,185 435,721 Fire personnel costs 8,485,319 8,485,319 8,204,570 280,749 Fire operating expense 1,196,999 1,227,336 1,025,078 202,258 Parks and recreation personnel costs 2,271,240 2,312,799 2,136,695 176,104 Parks and recreation operating expense 1,712,040 1,650,821 1,559,579 91,242 Community development personnel costs 1,354,555 1,354,555 1,272,238 82,317 Community development operating expense 1,704,907 1,719,202 2,152,887 (433,685) Capital outlay General government 586,667 390,420 269,747 120,673 Public safety Police 1,085,251 682,218 546,287 135,931 Fire 1,110,795 1,629,045 1,634,769 (5,724) Parks and recreation 9,492,842 8,848,784 5,006,385 3,842,399 Community development 31,602 31,602 - 31,602 Total expenditures 50,614,358 50,504,227 44,310,229 6,193,998 Excess (Deficiency) of Revenues Over (Under) Expenditures (9,514,140) (8,812,580) 3,085,475 11,898,055 Budgeted Amounts See Notes to Required Supplementary Information 51 City of Meridian, Idaho Schedule of Revenues, Expenditures, and Changes in Fund Balance – Budget to Actual – General Fund Year Ended September 30, 2016 Actual Variance with Original Final Amounts Final Budget Other Financing Sources (Uses) Operating transfer in 2,540,989 2,540,989 2,173,348 (367,641) Operating transfer out (229,881) (3,273,802) (3,043,921) 229,881 Unrealized gain on investments - - 33,527 33,527 Gain on sale of capital assets - - 100,254 100,254 Total other financing sources (uses)2,311,108 (732,813) (736,792) (3,979) Excess (Deficiency) of Revenues Other Sources (Uses) Over (Under) Expenditures (7,203,032) (9,545,393) 2,348,683 Fund Balance, Beginning of Year 24,651,283 26,529,602 36,195,298 Fund Balance, End of Year 17,448,251$ 16,984,209$ 38,543,981$ Budgeted Amounts 5 2 City of Meridian, Idaho Notes to Required Supplementary Information September 30, 2016 Note 1 - Budgets and Budgetary Accounting The City follows these procedures in establishing the budgetary data reflected in the financial statements: Prior to September 1, the CFO, Department Directors, Mayor, and City Council 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 not adopted on a basis consistent with generally accepted accounting principles (GAAP) for the general fund. Budgets for enterprise funds are not legally required but are adopted on a non-GAAP basis. All annual appropriations lapse at fiscal year-end. Revisions that alter the total expenditure appropriation of any fund must be approved by the City Council. State law does not allow fund expenditures to exceed fund appropriations. The budget presented in the report has been amended. Formal budgetary integration is employed as a management control device during the year for all funds. www.eidebailly.com Other Information September 30, 2016 City of Meridian, Idaho 53 City of Meridian, Idaho Schedule of Revenues, Expenditures and Changes in Fund Balance – Budget and Actual – Capital Projects Fund Year Ended September 30, 2016 Variance Actual with Original Final Amounts Final Budget Revenues Interest 2,000$ 2,000$ 23,115$ 21,115$ Total revenues 2,000 2,000 23,115 21,115 Expenditures General government capital outlay 482,535 428,731 24,635 404,096 Total expenditures 482,535 428,731 24,635 404,096 Excess (Deficiency) of revenues over (Under) Expenditures (480,535) (426,731) (1,520) 425,211 Other Financing Sources (Uses) Operating transfer in - 3,043,921 3,043,921 - Unrealized loss on investments - - (3,497) (3,497) Total other financing sources (uses)- 3,043,921 3,040,424 (3,497) Excess (Deficiency) of Revenues and Other Sources (Uses) Over (Under) Expenditures (480,535) 2,617,190 3,038,904 Fund Balance, Beginning of Year 378,357 (346,800) 3,014,438 Fund Balance, End of Year (102,178)$ 2,270,390$ 6,053,342$ Budget Amounts 54 City of Meridian, Idaho Schedule of Revenues, Expenditures and Changes in Fund Balance – Budget and Actual – Enterprise Fund Year Ended September 30, 2016 Variance Actual with Original Final Amounts Final Budget Revenues Water sales 7,671,852$ 7,671,852$ 8,341,286$ 669,434$ Sewer sales 15,532,812 15,532,812 14,366,754 (1,166,058) Other service revenues 402,000 390,000 456,185 66,185 Sale of meters 200,000 200,000 383,268 183,268 Trash billing service 636,540 636,540 688,552 52,012 Engineering fees 215,000 215,000 570,003 355,003 Assessment revenue and cash donations 8,100,250 8,100,250 10,226,218 2,125,968 Interest 320,000 320,000 530,634 210,634 Miscellaneous 12,000 24,000 13,099 (10,901) Total revenues 33,090,454 33,090,454 35,575,999 2,485,545 Expenditures Administration personnel costs 3,776,016 3,802,821 3,299,409 503,412 Administration operating expenses 2,860,541 2,006,278 1,369,867 636,411 Water personnel costs 1,580,025 1,580,025 1,545,283 34,742 Water operating expenses 2,559,099 2,395,746 2,347,512 48,234 Wastewater personnel costs 2,703,028 2,706,146 2,545,518 160,628 Wastewater operating expenses 4,121,850 2,896,042 2,568,891 327,151 Capital outlay 29,172,769 24,090,056 14,351,812 9,738,244 Total expenditures 46,773,328 39,477,114 28,028,292 11,448,822 Excess (Deficiency) of Revenues over (Under) Expenditures (13,682,874) (6,386,660) 7,547,707 13,934,367 Other Financing Sources (Uses) Operating transfer out (2,311,108) (2,311,108) (2,173,348) 137,760 Unrealized gain on investments - - 80,145 80,145 Gain on sale of capital assets - - 13,144 13,144 Total other financing sources (uses) (2,311,108) (2,311,108) (2,080,059) 231,049 Excess (Deficiency) of Revenues and Other Sources (Uses) Over (Under) Expenditures (15,993,982) (8,697,768) 5,467,648 Fund Balance, Beginning of Year 38,101,916 38,101,916 40,571,124 Fund Balance, End of Year 22,107,934$ 29,404,148$ 46,038,772$ Budgeted Amounts www.eidebailly.com 877 W. Main St., Ste. 800 | Boise, ID 83702-5858 | T 208.344.7150 | F 208.344.7435 | EOE 55 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 Standards To the Mayor and Member of the City Council 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, the business-type activities, the discretely presented component unit, and each major fund of the City of Meridian, Idaho (the City), as of and for the year ended September 30, 2016, and the related notes to the financial statements, which collectively comprise the City’s basic financial statements, and have issued our report thereon dated January 31, 2017. Internal Control over Financial Reporting In planning and performing our audit of the financial statements, we considered the City’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 the City’s internal control. Accordingly, we do not express an opinion on the effectiveness of the City’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 control 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 control 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. 56 Compliance and Other Matters As part of obtaining reasonable assurance about whether the City’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 City’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 City’s internal control and compliance. Accordingly, this communication is not suitable for any other purpose. Boise, Idaho January 31, 2017 Meridian City Council Meeting DATE: February 7, 2017 ITEM NUMBER: 8A PROJECT NUMBER: H-2016-0128 ITEM TITLE: Tree Farm Subdivision Public Hearing for Tree Farm Subdivision (H-2016-0128) by M3 Companies, LLC Located at 4740 W Chinden Blvd 1. Request: Rezone of a portion of property from R-2 (10.17 acres), R-8 (33.84 acres) R-15 (.24 acres) to R-4 (44.26 acres) and rezone C -C (.27 acres) and R-15 (154 square feet) to R-8 (.3 acres). 2. Request: Preliminary Plat consisting of 161 building lots and 15 common lots on 61.64 acres of land in a proposed R-4 and R-8 zoning district. MEETING NOTES u✓ APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Tree Farm Subdivision – H-2016-0128 Application(s):  Rezone  Preliminary Plat Size of property, existing zoning, and location: The subject property consists of 61.64 acres of land zoned R-2, R-8, R-15 and C-C, located at 4740 W. Chinden Blvd. Adjacent Land Use & Zoning: 1. North: Phyllis Canal; Rural residential; Agricultural, zoned RUT (Ada County) 2. East: Single-family residential property in the Oak Leak and Spurwing Grove Subdivisions, zoned R-2 and R-8 respectively 3. South: Jayker Nursery, zoned C-C and R-15 4. West: Agricultural and residential, zoned R-8 History:  In 2006, the subject property was annexed as the Tree Farm (AZ-06-004 and AZ-06-050) and was granted approval with R-2, R-8, R-15, C-N and C-C zoning districts. A Development Agreement (DA) (#106151218) was executed upon annexation of the property.  Several addendums to the DA have also been recorded (#107025555 and #107141993). In 2007, a third addendum to the DA was approved and recorded (#107141993) that realigned the zoning district boundaries consistent with the approved preliminary plat.  In 2010, a development agreement modification (MDA-10-004) was approved that approved building elevations and a new concept plan that included a tennis facility as an amenity within a common lot contingent on the platting of the property. Comprehensive Plan FLUM Designation: MDR, LDR Summary of Request: Rezone (RZ): The subject property is governed by a development agreement (DA) recorded as instrument #106151218. As mentioned earlier, the proposed rezone is generally consistent with the concept plan that was approved with The Tree Farm Annexation, and is generally consistent with the City’s Comprehensive Plan. Development Agreement (DA): As part of this application, staff is requiring that the applicant enter into a new development agreement for the property and be required to construct one of two off-site street improvements. These being either N. Tree Farm way to connect to the existing N. Tree Farm Way that is stubbed to the east of this property, or construction of N. Black Cat Road. (ACHD’s Commission required Tree Farm Way to be constructed with first phase). Preliminary Plat: The proposed plat consists of one hundred sixty-one (161) building lots and fifteen (15) common lots on 61.64 acres of land. The R-4 and R-8 zoning districts are appropriate for the proposed development. The gross density for the subdivision is 2.61 d.u./acre. The R-8 portion of the project is 15.42 acres of land on the west side of the parcel. This portion consists of 55 single-family homes. The approximate gross density for the R-8 portion of the project is 3.56 dwelling units per acre, which is well under the allowed density for the R-8 zoning district. The gross density for the R-4 portion of the project (which consists of 106 dwelling units on 46.22 acres) is 2.29 dwelling units per acre, which is well under the maximum density allowed for the R-4 zoning district. The applicant will be required to make several modifications to the plat in order to meet UDC requirements. These changes include the following:  Add a twenty (20) foot common lot adjacent to the western boundary of lots in the northwest corner of the plat (Lots 47 and 48, Block 6).  Stub a street to parcels R7219170210 and S0421449000. Development of this site is required to comply with the dimensional standards listed in UDC 11-2A-5 for the R-4 district and Table 11- 2A-6 for the R-8 district. Staff has reviewed the proposed plat and found it to be in compliance with the R-4 and R-8 dimensional standards. The plat is required to comply with the block length standards listed in UDC 11-6C-3F. Staff has reviewed the proposed plat and found it to be in compliance with the aforementioned standards. Common Drives: There are three common driveways proposed. The applicant is proposing Lots 22-24 of Block 1, to take access from a common driveway, Lots 64, 65 and 67-69, Block 6 to take access from a common driveway, and lots 8, 9 and 26-28, Block 6 from a common driveway. Per UDC-11-6C-3D, common driveways shall serve a maximum of (6) dwelling unit. One of the common driveways (Lot 10, Block 6) will be used as an emergency access and will have bollards to limit vehicular access to emergency personnel and will have no parking signs. Access: Access to this development will be provided from W. Snow Cherry Street, N. Tree Farm Way, (a portion of which has been constructed with Spurwing Greens Subdivision) and the future construction of N. Black Cat Road. The applicant has discussed the extension of N. Black Cat Road and N. Tree Farm Way with the adjacent property owner and with representatives of ACHD. This application was heard at a January 25th, 2017 ACHD hearing. ACHD’s Commission came up with the following conditions of approval: (Not an exhaustive list). 1. Prior to ACHD signature on the first final plat, construct the offsite portion of Tree Farm Way between the site and its current terminus as a full 36-foot street section with curb, gutter and sidewalk on both sides. 2. Dedicate the right-of-way necessary to construct the offsite extension of Tree Farm Way prior to plan approval. 3. Construct Tree Farm Way abutting the site as a 36-foot street section with vertical curb, gutter, a 6-foot wide planter strip, and 5-foot wide detached concrete sidewalks within 60-feet of right-of-way. If street trees are desired then the planter strip shall be widened to 8-feet in width. 4. Prior to ACHD signature on the final plat that contains the 91th building lot, construct the offsite portion of Black Cat Road, from the site to Chinden Boulevard, with 30-feet of pavement and 3-foot wide gravel shoulders . At the Black Cat/Chinden intersection, widen Black Cat Road to a minimum width of 40-feet for a dedicated left turn lane at the intersection. Design the dedicated left turn lane to provide a minimum of 100-feet of storage. Landscaping, Open Space and Amenities: The applicant is proposing 6.17 acres (10%) of open space for the development. The applicant is also proposing to include one amenity (plaza). Based on the acreage of the plat, the applicant is required to provide two (2) additional amenities that meet the requirements of UDC 11-3G and that details of this amenity are provided at the Planning and Zoning Commission hearing. The landscape plan also depicts a 20 foot landscape buffer along N. Tree Farm Way and N. Black Cat Road with the exception of the northwest corner. The applicant shall revise the landscape plan to provide the common lot and required landscape buffer in that area in accord with UDC 11-3B-7C. Existing Trees: The applicant is responsible to mitigate all existing healthy trees 4-inch caliper or greater that are removed from the site with equal replacement of the total calipers lost on site up to an amount of 100% replacement in accord with UDC 11-3B-10. The applicant will need to contact the City Arborist if any trees are to be removed. Fencing: The developer is responsible for constructing fences abutting pathways and common open space lots to distinguish common from private areas; fencing details should be included with the final plat application in accord with the standards listed in UDC 11-3A- 7A.7. Pressurized Irrigation (PI): The City of Meridian requires that pressurized irrigation (PI) systems be supplied by a year-round source of water. The applicant shall be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. An underground, pressurized irrigation system is required to be installed in accordance with UDC 11-3A-15. Building Elevations: The submitted elevations depict a mix of building materials, decorative window and door trim, decorative corbels, covered entries, and stone wainscot consistent with the surrounding developments. Staff is of the opinion the future single-family homes will complement the existing homes in the area and demonstrate high quality materials (see Exhibit A.4). The rear and/or side of structures that face N. Tree Farm Way and N. Black Cat Road shall incorporate articulation through changes in two or more of the following: modulation (e.g. – projections, recesses, step-backs, pop-outs), bays, banding, porches, balconies, material types or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street. Single-story structures are exempt from this requirement. Commission Recommendation: Approval w/conditions and a new development agreement The Meridian Planning & Zoning Commission heard these items on January 5, 2017. At the public hearing, the Commission moved to recommend approval of the subject RZ, and PP requests. Summary of Commission Public Hearing: a. Summary of Commission Public Hearing: i. In favor: Mark Tate, Drew Eggers, Tuck Ewing, Sam Johnson ii. In opposition: None iii. Commenting: Drew Eggers, Tuck Ewing, Sam Johnson, iv. Written testimony: None v. Staff presenting application: Josh Beach, Bill Parsons, vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. How utilities will be extended to and through this property and extended to the north. ii. Coordinating the construction of Black Cat on the west property line and determining where the road crosses the Phyllis Canal. c. Key Issues of Discussion by Commission: i. Whether the proposed amenities are sufficient for the development. ii. The applicant will need to go through the alternative compliance process in order to request a change in the amenity requirement. iii. The extension of utilities to the north of this property and the timing of doing so. iv. Should this project be moved forward to City Council without comments from ACHD on Tree Farm Way and Black Cat? d. Commission Change(s) to Staff Recommendation: i. Add condition 1.1.1d to read as follows: “The applicant shall obtain alternative compliance approval for the amenities prior to approval of the final plat for the first phase.” e. Outstanding Issue(s) for City Council: i. None Notes: ______ __________________________________________________________________________________________________________ ___________________________________________________________________________________________________________ ___________________________________________________________________________________________________________ ___________________________________________________________________________________________________________ Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2016-0128, as presented in the staff report for the hearing date of February 7, 2017, with the following modifications: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to approve File Number H-2016-0128, as presented during the hearing on January 5, 2017, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2016-0128 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance) City Council Meeting February 7, 2017 Item #8A: Tree Farm Sub. Vicinity/Zoning Map Site Plan Phasing Plan Previous Revised Elevations Tree Farm Subdivision Meridian City Council February 7, 2017 Current Property Zoning Original project master plan – included in original development agreement Northern & Southern collector roads. Northern collector road eliminated leaving Tree Farm as the only east- west collector. The approved plan includes the subject property Tree Farm Subdivision Community Master Plan Community Amenities Over 15% total open space and more than an acre of additional “qualifying open space” Area Circulation & Access Phasing Plan & Black Cat Timing •Phase 1: 51 Lots •Phase 2: 17 Lots •Phase 3: 22 Lots •Phases 4-6: 71 Lots Black Cat Road Modification Condition Modifications •Remove Condition 1.1.3.a: “Prior to the Planning and Zoning Commission, the applicant shall provide detail for all proposed amenities as well as for two (2) additional amenities that meet the requirements of UDC 11-3G.” •Condition 2.2.9 –“Street signs are to be in place, sanitary sewer and water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits.” •Change to: All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. Thank you ACHD Policy 7206.3.3 Maximum Traffic on One Access If a proposed development only has one access to a public street that is classified a collector,or if it proposes to extend public streets from existing development with only one collector street access to the public street system, the maximum forecast ADT to be allowed at any point on the collector street is 3,000.This volume may be reduced or increased based on information received from the lead land use agency,the applicable fire department, and/or emergency services.The District will also take into consideration the following items when determining whether or not to reduce or increase the maximum allowable ADT:railroad crossings,canal crossings,and topography (foothills vs.flat land).” Collector Road Plan 820’ 1,300’ 850’ 550’ 850’ Tree Farm Subdivision Preliminary Plat CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN -IN SHEET Date: February 7, 2017 Item # Project Number: Project Name: H-2016-0128 L-Ou" Tree Farm Subdivision Please print your name For Against Neutral Do you wish to testify (Y/N) VS ,e,5s iC,JTY CLERKS OFFICE Meridian City Council Meeting DATE: February 7, 2017 ITEM NUMBER: $B PROJECT NUMBER: ITEM TITLE: 175 N. Black Cat Road Water and Sewer Services for 175 N. Black Cat Road MEETING NOTES M �0 r .P✓ -- i✓) u APPOOVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS February 2, 2017 MEMORANDUM TO: Mayor Tammy de Weerd City Council Members CC: City Clerk FROM: Caleb Hood, Planning Division Manager RE: Trana Property Service Request at 175 N. Black Cat Road February 7, 2017 City Council Agenda Item The Public Works Department has received a request from the property owner at 175 N. Black Cat Road to hook-up structures, on a County-zoned property, to City utilities in advance of being annexed. The Interim Public Works Director has evaluated this request and did not find any physical reason to deny this request (see memo dated January 17, 2017). While there may not be a physical reason prohibiting this connection, this request is not typically asked for or allowed. Typically, to receive sewer and/or water service, a property must be annexed into the City. However, MCC 9-1-16 (water) and MCC 9-4-26.A (sewer) do allow connections to properties outside City limits. In this case, Planning staff does not oppose the requested connections either, provided the requestor enters into an agreement with the City as envisioned with MCC 9-1-16.C and MCC 9-4-26A.3. NOTE: A draft agreement has been prepared and uploaded into the database for Mayor and Council review. The property owner is requesting to hook-up to City services so they can apply to Ada County to legally establish an automotive repair shop (Trana’s Garage) on the property and split the property into two parcels (see request letter dated January 3, 2016). The property is not currently contiguous to existing City limits and therefore not eligible for annexation. For health, safety, Building and Fire Code reasons, the automotive repair shop needs the City’s utilities. There is also an existing home on the property that would be hooked-up to sewer and water. The existing home would carry a County residential zoning district (R1) while the repair shop would be zoned industrial (M1). Staff has met multiple times with the property owners’ agent and explained that if Council allows the subject request, Staff will recommend conditions. The main condition staff has included in the associated agreement is a requirement to apply for annexation once the property (or properties, if they are split in Ada County) is contiguous. The requestor has been told, and it is memorialized in the draft agreement, that when they submit an annexation application in the future, non-residential district(s) need to be requested. The subject land is designated Low Density Employment on the City’s Future Land Use Map and residential uses are not envisioned in this area long-term; the residential use will need to cease post annexation. The requestor understands and has agreed to discontinue the residential use in the future (see January 3rd letter.) Finally, Staff has reviewed the schematic future use site plan and landscape plan submitted with the subject request. It appears that the proposed improvements are generally consistent with what the City would require, if processed in Meridian. Further, the proposed automotive repair shop is located on the west/interior of the property, near other future, planned industrial properties. This layout allows the remainder of the site, nearer Black Cat, to be developed consistent with the Low Density Employment designation. If the Council is agreeable to extending services to the subject property ahead of annexation, the draft agreement the Legal Department has prepared should be reviewed and brought back for approval at a future meeting date. January 17, 2017 Riley Planning Services Penelope Riley 1602 West Hays St. Ste. 102 Boise Idaho 83701 RE: Service to un -annexed property at 175 North Black Cat Road Ms. Penelope Riley, Mayor Tammy de Weerd City Council Member=s Joe Borton Keith Bird Genesis Milam Luke Cavener Ty Palmer Anne Little Roberts I have reviewed the letter dated January 3, 2017, and find no physical reason that would prohibit sewer or water service to the subject parcel. Sewer and water mains currently front the property, and it appears that new service lines could be installed. Construction of the proposed service lines would have to be completed by the property owner in accordance with City of Meridian Specifications and Standards. Additionally, all required City of Meridian fees would have to be paid prior to completion of the service connections. Regards, Dale Bolthouse Interim Director/Deputy Director of Operations City of Meridian Public Worlcs Public Works Department A 33 E. Broadway Avenue, Suite 200, Meridian, ID 83642 Phone 208-898-5500 ® Fax 208-898-9551 ® www.merldiancity.org Meridian City Council Meeting DATE: February 7, 2017 ITEM NUMBER: 9A PROJECT NUMBER: ITEM TITLE: Finance Finance: OpenGov Software Update MEETING NOTES L'� Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS OpenGov Functional Transparency Software February 7, 2017 Agenda •Why are we here? •What is OpenGov? •OpenGov Overview •Common Use-Cases for OpenGov •Goals and Objectives •Take a tour of OpenGov •When does this go live? •Questions Why are we here? •Council approved a budget enhancement for FY2017 –Objective for Budget Enhancement •We are requesting a open data/business transparency solution that will be accessed through the City's website. •This request directly correlates with the City's Strategic Objective # 3: Responsive Government: –"The successful government of the 21st century is service driven, approachable, and responsive. Meridian will embody those qualities by improving efficiency, enhancing transparency, utilizing technology, and investing in our employees": –$15,000 for Annual On-Going Costs -Budget –$6,000 for One-Time Costs -Budget •The City signed the contract with OpenGov for: –$12,425 for Annual On-Going Costs (Price lock for 3 years) –$4,900 for One-Time Costs What is OpenGov? What is OpenGov? What is OpenGov? What is OpenGov? •OpenGov Network allows the City to leverage network information by applying and sharing cutting-edge data to improve public administration. Common Use-Cases for OpenGov •Following the Money –engage citizens in becoming particularly adept in finding answers to budget/financial questions through the use the City’s functional transparency tool •Presentations –use OpenGov Saved Views and Notes to guide you through your presentations to your internal and external stakeholders •Analyzing & Comparing Expense and Revenue Sources –have a single source of information for closed data that is accessible and easy to work with •Isolating Data –leverage OpenGov’s dynamic Chart of Accounts Manager to drill into information and pivot between multiple data points for easier reporting and analysis Goals and Objectives •Our objectives with OpenGov: –Humanize the financials (create an easy way for the community to understand how the City spends its money) –Create a central place for questions to be answered regarding the City’s financials –Provide a reporting tool for internal users across departments Take a Tour of OpenGov http://meridiancity.org/finances.aspx When does this go live? •February 8th!!!! •The Mayor will be announcing OpenGov to the City tomorrow during her State of the City address •We will be releasing OpenGov to internal staff in future months after we finalize and develop the internal reports –We will want to conduct training classes for internal staff to maximize the use of OpenGov Project Team to Thank! –Jenny Fields –Catherine Roebuck –Dave Tiede –Kaycee Emery –Jaycee Holman –Sponsor –Mayor Tammy –Sponsor –Joe Borton –OpenGov Development Team •Liz, Monica, and Darren Questions? Meridian City Council Meeting DATE: February 7, 2017 ITEM NUMBER: 9B PROJECT NUMBER: ITEM TITLE: Wastewater Recovery Reference Facility Purchase of Grit Removal Equipment from Hydro International for a Not -To -Exceed amount of $820,730.00 and approval of Purchase Order # 17-0191 to Hydro International for a Not -To -Exceed amount of $82,073 and authorize the Purchasing Manager to sign as this procurement is to 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  Page 1 Memo To: C. Jay Coles, City Clerk, From: Keith Watts, Purchasing Manager CC: Emily Skoro Date: 2/13/2017 Re: February 7th City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the February 7th City Council Agenda under a Public Works Department Report for Council’s consideration. WRRF Capacity Expansion Project Update and Award of 2 Procurements as follows: Purchase of Grit Removal Equipment from Hydro International for a Not-To-Exceed amount of $820,730.00 and approval of Purchase Order #17-0191 to Hydro International for the Not-To- Exceed amount of $82,073 and authorize the Purchasing Manager to sign as this procurement is to be paid in 2 fiscal years, $82,073 in FY17 and $738,657 to be paid in FY18. And Approval of Task Order 10601. H to CH2M Hill Engineers, Inc. for the “WRRF LIQUID STREAM CAPACITY EXPANSION – PROCESS CONTROL SOFTWARE INTEGRATION” project for the Not-To-Exceed amount of $642,355.00 and approval of Purchase Order #17- 0198 to CH2M Hill Engineers for the Not-To-Exceed amount of $292,980 and authorize the Purchasing Manager to sign as this procurement is to be paid in 3 fiscal years, $292,980 in FY17, $185,856 to be paid in FY18 and $163,518 to be paid in FY19. Recommended Council Action: Award of Purchase to Hydro International for Grit Removal Equipment in the amount of $820,073 and approval of Purchase Order #17- 0191 to Hydro International for the Not-To-Exceed amount of $82,073 and authorize the Purchasing Manager to sign. Recommended Council Action: Award of Task Order 10610.H to CH2M Hill for Process Control Software Integration in the amount of $642,355 and approval of Purchase Order #17-0198 to CH2M Hill for the Not-To-Exceed amount of $292,980 and authorize the Purchasing Manager to sign. Thank you for your consideration. City of Meridian Purchasing Dept. IAN IDAHO CITY OF MERIDIAN 33 EASTBROADWAYAVE. MERIDIAN, ID 93642 (208) 888-4433 Vendor Address: HYDRO INTERNATIONAL 2925 NW ALOCLEK DRIVE SUITE 140 HILLSBORO, OR 97124 Purchase Order Attention: Troy Thrall 2t7 t2017 17-41 91 Billing Address: Shipping Address: Attn: Finance 33 E Broadway Ave Meridian, lD 83642 City of Meridian Wastewater 3401 N. Ten Mile Meridian, lD 83646 Shipping Method: FOB: truck Destination Pre-Paid Description Unit Quantity Unit Price Total Grit Removal Equipment per attached proposal & specifications 82073.00 1.00 82,073.00 Purchase Order Total:$82,073.00 Purchasing Special lnstructions Grit Removal E-quipment per written proposal by Dara Rolfe dated 10t17t2016 and attached specifications and P&lD's. Not-To-Exceed $820,730 Cost to be paid in 2 fiscal years $82,073 in FY17 , $738,657 in FY18. Delivery no sooner than Oct. 2017 Dollar E IDIAN PURCHASING AGENT 33 East Broadway Avenue Meridian, lD 83642 Phone:208-888-4433 Fax 208-887-4813IDAHO Item or Service:Hvdro I nternational Headcell. Slurrv Cup. and Grit Snail Item is available from only one vendor. ltem is one-of-a-kind item and is not sotd through distributors. Manufacturer is a sole distributor. Refer to instructions on 2nd page for completion. JUSTIFICATION: (Attach additional pages if needed) Grit removal is a typical liquids treatment process that removes heavy solids such as sand from municipalwastewater, solids cause premature wear on downstream mechanical components and build-up in anaerobic digesters and aeration basins, thus requlring periodic cleaning. The cleanlng p rocess ls dlfflcu lt and requires placlng a unit out of service, decreasing treatment capacity. The existing plant has two vortex type separators, but stlll experiences significant grh buildup in the anaerobic digesters. Two types of grit collection systems were considered for the Headworks Capacity Expansion project: vortex type separators (e.9. Smlth & Loveless Pista Grlt) and Hydro lnternational's Grit Removal System (Eutek Headcell., Tea Cup, and Grit Snail). The advantages of using a Eutek Headcellc, Tea Cup, and crit Snall instead of a vortex type separator are summarlzed below. The Hydro lnternational's Grit Removal system has the fottowing advanteges when compared to a mechanically induced vortex system llke the existing untts: . Smaller facillty footprint . No movlng mechanical components . Operates efficlently over large flow ranges -the vortex type ls maintained by an influent manifold . Flexibillty to increase capaclty after initial installation by addlng addltional trays. . Guaranteed more efflcient grlt removal compared to vortex type separators reduclng grft bulld-up ln aeration baslns and dlgesters, Based on the comparison of technologies and the advantages of the Eutek HeadcelF, Tea Cup, and Grlt Snail Grh Removal System, the Public Works Department recommends procuring a Hydro lnternatlonal's Grit Removal System. CITY OF MERIDIAN SOLE SOURCE FORM Dale: 1211712015 x Sole Source: The Public Works Department requests a sole source procurement as there Is no functional equivalent for the Hydro lnternational's Grit Removal System. CERTIFICATION: I 8m sware otthe requirements setfo(h ln ths Clty'E Purchasing Polby & Procedures Manual for competitivs biddlng and the established critorla torjustification br sole sourca/sole brand purchasing. lhave gathered technical intormation and have made a concerted efforl to revlew comparable,/equal equipmenl. I hereby certify as to th€ valldity o, the infurmation and feel confdent that thls Justlflcatlon for 6ole source/sole brand me6ts the City's criteria and ls accumte. .Lh',*- rtment Manager Council Approval Date: Purchasing Approval: IZ Manager j:/,; only one (1) vendor if there is only one (1) vendor for the personal property to be acquired. For purposesof this definition, only one (1) vendor shall refer to situations whire ihere is onty one 1i1 source reasonably available and shall include, but not be limited to, the following situations:(i) Where property is required to respond to a lifo-threatening situation or a situation which isimmediately detrimental to the public welfare or property; (ii) . where the compatibility of equipment, components, accessories, computer software, replacement parts or service is the paramount consideration; (iii) Where a sole supplier's item is needed for trial use or testing; AI If," purchase of mass-produced movies, videos, books or other copyrighted malerials; W H: ff[i::: ;l5lii:H i,",J y#[ it is determined there is no tunc1onir equivarent; (vii) The purchase of products, merchandise or trademarked goods for resale at a political subdivision facility; or (viii) Where competitive solicitation is impractical, disadvantageous or unreasonable under the circumstances. SOLE SOURCE/BRAND EXAMPLES. SOLE SOURCE: THE FOLLOWNGARE NOT REASONS FOR SOLE SOURCE a) Personal preference for a product or vendor. b) Cost, past performance, local presence, delivery etc. These are award criteria to be used in a competitive bid process. c) Specifications that exceed requested performance. 10/17/2016 To: City of Meridian Re: Grit Removal Equipment & Grit Processing Units – Section 46 23 23 & 46 23 63 WRRF Headworks Capacity Expansion Meridian, ID File #10_11_3312-E Hydro International is pleased to present our quote for a HeadCell® Grit Removal, Washing, and Dewatering System. The system will meet the requirements described in Sections 46 23 23 and 46 23 63 with comments noted below. Comments / Exceptions 1. Screening with a 1/2 inch opening or better is necessary prior to the Hydro equipment. 2. Velocity through the bar screen openings/slots/aperture should not exceed 4 ft/s at peak flow. 3. All piping connected to Hydro equipment must be supported by other means than the Hydro equipment. 4. The dumpster receiving the discharged grit shall have a drain. 5. Please see the exclusions detailed in the proposal below. System Components 1. Two (2) 12' 12 tray Eutek HeadCell® Grit Concentrator units shall be supplied. Each Eutek HeadCell® shall consist of a stack of nested trays. The trays shall be fabricated from UV stabilized LDPE and shall be supported by a 316L SS frame integral to the unit. All flow passages shall be self-cleaning and free of sharp projections or fittings that may snag stringy or fibrous materials. The Eutek HeadCell® trays shall be constructed with a minimum ¼ inch material pans and sidewalls. The Tray Supports shall be fabricated to provide a means to independently support each tray and transfer the weight of each tray to the support structure frame. The Eutek HeadCell® will securely fit into a support structure frame containing the screened raw wastewater inlet connection, necessary hardware, and connections. The Eutek HeadCell® Concentrator shall be equipped with a settled solids underflow connection for collection and removal of settled solids. The settled solids are pumped to the Eutek SlurryCup™ Grit Washing units from each Eutek HeadCell® unit. Each unit shall remove 95% of all grit (S.G. 2.65) 150 micron and larger at a peak flow of 32.0 mgd. Each unit shall have 12 inches of headloss at the peak flow. 2. Two (2) 32" Eutek SlurryCup™ Solids Classifier units shall be provided. Each Eutek SlurryCup™ unit shall be fabricated from 316L SS and be self-standing and mounted on a support structure above the Eutek Grit Snail® clarifier to provide clearance between the bottom of the grit underflow pipes and the Dewatering Unit clarifier surface. Each unit shall have one (1) 6" flanged inlet connection and one (1) 8" flanged outlet connection. Flanges will be rotatable and conform to ANSI B16.1 bolt patterns. Each unit shall have one (1) - 1.5" grit underflow connection, one (1) - 3" threaded drain connection, and one (1) - 1.5" NPT fluidizing water for the Hydraulic Valve. Exterior surfaces shall be acid washed and bead blasted to a uniform finish. Page 2 of 8 10/17/2016 ® 2016 Hydro International - All Rights Reserved Bid Package – Meridian, ID WWTP Each unit shall remove 95% of all grit (S.G. 2.65) 75 micron and larger at flow of 300-400 gpm and a solids concentration not to exceed 1.5%. Each unit shall have a headloss of 177 inches at a flow rate of 300 gpm. 3. Two (2) Eutek Grit Snail® continuous dewatering units rated for up to 2 yd3/hr shall be supplied. Each unit shall be equipped with a 12" wide rubber belt, 60" square clarifier, and a 1/3 hp inverter duty motor. One (1) 6" flanged overflow discharge connection and one (1) 3" flanged drain connection shall be supplied. Flanges will be rotatable and conform to ANSI B16.1 bolt patterns. Each unit shall be fabricated from 316L SS. The support structure at the head end shall be an A-frame. A flanged discharge chute shall be supplied. Each unit shall remove 95% of all grit (S.G. 2.65) 75 micron and larger with less than 15% volatile solids and greater than 60% total solids. 4. Two (2) control panels shall be supplied. Each control panel shall have a NEMA 4X 316 stainless steel enclosure, and shall be rated at three phase, 480 VAC. Each panel shall be programmable relay and contain all relays, timers, switches, variable frequency drive, and indicator lights to operate one (1) Eutek SlurryCup™ unit and one (1) Eutek Grit Snail® in either fully automated or manual mode. Utility Requirements Clarified NPW or Reuse Water: Each Eutek HeadCell® unit requires continuous 20 gpm @ 50 +/- 10 psig of clarified water for “fluidizing” to function properly. Each Eutek SlurryCup™ unit requires continuous 30 gpm @ 50 +/- 10 psig of clarified water to function properly. Each Eutek Grit Snail® unit requires continuous 10 gpm @ 50 +/- 10 psig of clarified water for tail roll and belt rinse. Each Eutek SlurryCup™ requires an additional intermittent 47 gpm @ 50 psig of clarified water for fluidizing and backwashing for 1-2 minutes every 2-4 hours. Eutek HeadCell® Grit Concentrator DESCRIPTION QTY Anchor Bolts –Frames Hilti 316SS 1/2” x 6 1/2” HAS Anchor Rods for use with HIT HY 200 Anchor System 4 Anchor Bolts –Underflow Collectors Hilti 316SS 3/8” x 5 1/8” HAS Anchor Rods for use with HIT HY 200 Anchor System 4 Anchor Bolts – For Fastening Inlet Duct to Channel Hilti 3/8” HDI 3/8 SS Drop in anchors set Eutek SlurryCup™ Washing Unit DESCRIPTION QTY Supply Water Flow Meter 1-1/2” King Flow Meter, 0-35 gpm 1 Manual System Shut-Off Valve 1-1/2” Apollo Ball Valve, Bronze 1 Supply Water Throttling Globe Valve 1-1/2” Crane Globe Valve, Bronze 1 Page 3 of 8 10/17/2016 ® 2016 Hydro International - All Rights Reserved Bid Package – Meridian, ID WWTP Backwash Water Valve and Supply Water Shut-off 1-1/2” ASCO Solenoid Valve (NEMA 4X, 120VAC) 2 System Water Supply Pressure Gauge Ashcroft Pressure Gauge, 0-100psi, w/ Diaphragm Seal 1 Inlet Pressure Gauge Ashcroft Pressure Gauge, 0-30psi, w/ Diaphragm Seal 1 Backwash Pressure Gauge Ashcroft Press Gauge, 0-30psi, w/ Diaphragm Seal 1 Gauge Isolation Valves ¼” Apollo Ball Valve, Bronze 3 Eutek Grit Snail® Dewatering Unit DESCRIPTION QTY Rinse water Valve 1” ASCO Solenoid valve (NEMA 4X, 120VAC), Brass 1 Manual Water and Tail Rinse Shut-off Valve 1” Apollo Ball Valve, Bronze 2 Tail Rinse Flow Meter 1" Dwyer Visi-Float Flow Meter, 2-20 gpm, Acrylic 1 Tail Rinse Throttling Valve 1” Crane Globe Valve, Bronze 1 Rinse Bar Shutoff Valves ¾” Apollo Ball Valve, Bronze 1 Drain Valve 3” Milliken Eccentric Plug Valve, Cast Iron 1 Inductive Proximity Sensor Square D XSDA Rectangular Inductive Sensor 1 Inverter Duty Drive Motor 1/3 hp Baldor 3 phase 230/460 VAC Motor, TENV 1 Gear Reducer SEW Eurodrive Reducer with C-Face Adapter (ratio=176.88:1) 1 Anchor Bolts – Grit Snail® Frames Hilti 316SS 3/4” x 9 5/8” HAS Anchor Rods for use with HIT HY 200 8 Hilti HY 200A Refill Pack Anchor Adhesive Material for use with HAS Rods 1 Spare Parts No spare parts are included or recommend in this scope of supply. Start-up One (1) man, two (2) trips, for start-up and instruction services as required totaling five (5) days. Exclusions Any item(s) not specifically described above are excluded and are not to be supplied by Hydro International including but not limited to the following:  Erection and installation  Interconnecting piping and valving not expressly stated above  Pipe connections and fittings not expressly Page 4 of 8 10/17/2016 ® 2016 Hydro International - All Rights Reserved Bid Package – Meridian, ID WWTP stated above  All pipe supports, hangers and braces  Controls, switches, control panels and instrumentation of any kind not expressly stated above  Wiring and conduit  Field or touch-up paint, painting, blasting and touch-up of surface finish  Spare parts not specifically stated above  Unloading, hauling and storage charge  Lubricating oil and greases  Field performance testing, laboratory testing and sample collection and analysis  All concrete and grouting work  Insulation and heat tracing of any kind  Seismic/Structural analysis  Performance and/or Supply Bond(s)  Dumpsters of any kind  Grit pump(s)/pump motor starters/VFD, associated piping, guiderails and valving, gauges  Access platforms, walkways, ladders, covers  Grit Study  Metal or rubber extended discharge chutes  Translation Services Limitations  General Liability is limited to $5,000,000 per each occurrence  Products Completed & Operations Liability is limited to $5,000,000 per each occurrence  Worker’s Compensation is limited to $5,000,000 per each accident Warranty Hydro International’s Standard Warranty shall apply per the attached Terms and Conditions of Sale. Delivery Please allow 4 to 6 weeks after receipt of purchase order for approval drawings. Shipment is typically a maximum of 16 weeks after receipt of "Approved" or "Approved As Noted, Resubmittal Not Required" submittal package. The grit removal system shall be delivered to site fully fabricated, subject to size, packaging and transportation constraints. The General Contractor must inspect equipment prior to unloading and notify Hydro International of any damage to equipment within 5 days to effect proper remedial action. Failure to notify Hydro International of damage to equipment prior to unloading will void all warranties pertaining to subject equipment. Terms & Conditions Hydro International payment terms are detailed in the attached terms and conditions. The pricing submitted herein is based on specification sections and drawings issued to Hydro via the city of Meridian on 9/29/19 and revised specification on 10/12/16. Any changes to the scope of supply required by changes to these specification sections or other sections and drawings not provided to Hydro International as listed above may require the price to change. Hydro International reserves the right to amend the price if changes are required due to changes to the provided specifications or to meet requirements for sections not made available at the time of this quote. Price includes truck freight to jobsite and does not include any state or local taxes if required. The prices quoted are firm based on a receipt of a purchase order by April 30, 2017 and shipment of the equipment prior to October 15, 2017. Purchase Order Please make purchase orders to: Hydro International 2925 NW Aloclek Drive Suite #140 Hillsboro, OR 97124 Local Representative Mr. Scott Forsling Coombs-Hopkins Company 2825 E. Cottonwood Parkway, Suite 500 Salt Lake City, UT 84121 Ph: (435) 659-7199 Fax: (801) 990-3247 scott@chcwater.com Page 5 of 8 10/17/2016 ® 2016 Hydro International - All Rights Reserved Bid Package – Meridian, ID WWTP Engineering Representative Mr. Mike Reilly WM. H. Reilly & Company 910 SW 18th Ave Portland, OR 97205 Phone: (503) 223-6197 Fax: (503) 223-0845 Email: mreilly@whreilly.com If you have any questions or concerns, do not hesitate to contact me. Regards, Hydro International Dara Rolfe Applications Engineer Page 6 of 8 10/17/2016 ® 2016 Hydro International - All Rights Reserved Bid Package – Meridian, ID WWTP Standard Terms & Conditions of Sale 1. DEFINITIONS. “Hydro” is Hydro International with an address of 2925 NW Aloclek Drive #140 in Hillsboro, Oregon. "Buyer" is the party purchasing the goods from Hydro. 2. ENTIRE AGREEMENT. Hydro’s agreement is based on these terms and conditions of sale. This document, together with any additional writings signed by Hydro, represents a final, complete, and exclusive statement of the agreement between the parties and may not be modified, supplemented, explained, or waived by parol evidence, Buyer’s purchase order, any course of dealing, Buyer’s payment or acceptance, or in any other way except in writing signed by Hydro through its authorized representative. These terms and conditions are intended to cover all activity of Hydro and Buyer hereunder, including sales and use of products, parts, and work, and all related matters (references to products include parts and references to work include construction and installation). Hydro’s obligations hereunder are expressly conditioned on Buyer’s assent to these terms and conditions. Hydro objects to any terms that are different from, or additional to, these terms and conditions. Any applicable detail drawings and specifications are hereby incorporated and made a part of these Terms and Conditions of Sale insofar as they apply to the material supplied hereunder. 3. SPECIFICATIONS. Products are supplied in accordance with information received by Hydro, or its duly authorized agent, from Buyer. Hydro shall have no responsibility for products created or sold based upon inaccurate and/or incomplete information supplied to it. Buyer shall ensure that Hydro receives all relevant information in time to enable it to supply the appropriate products. 4. INSTALLATION AND APPLICATION OF PRODUCTS. Products supplied hereunder shall be installed and used only in the particular application for which they were specifically designed. Buyer should not presume that any products supplied by Hydro may be utilized for any applications other than those specified; nor shall Hydro’s obligations, including, without limitation, any warranty obligations, survive Buyer’s transfer of products supplied hereunder to third parties unless the products are transferred with Hydro’s consent. In addition, Buyer shall not use any product supplied hereunder at any location other than at the location for which Hydro has previously received notice from Buyer. Any breach of any of the foregoing restrictions may amount to an infringement of the patent for the products in question and will in any event void all express or implied warranties relating to the products supplied hereunder. 5. PURCHASE PRICE AND PAYMENT TERMS. All prices are in U.S. dollars and all payments shall be made in U.S. dollars. Payment terms are as follows: Incremental Payment Cumulative Payment Upon Approval of Shop Drawings 10% 10% Upon Delivery of Equipment to Site 80% 90% Upon Final Acceptance or 45 days following completion of equipment start up 10% 100% If payments are not made in conformance with the terms stated herein, any unpaid balance shall be subject to interest at a rate 1½% per month, but not to exceed the maximum amount permitted by law. If shipment is delayed by Buyer, the previously agreed date of readiness for shipment shall be deemed to be the date of shipment for payment purposes. If manufacture is delayed by Buyer, a payment shall be made based on purchase price and percentage of completion, with the balance payable in accordance with the terms as stated. If at any time in Hydro's judgment Buyer may be or may become unable or unwilling to meet the terms specified, Hydro may require satisfactory assurance or full or partial payment as a condition to commencing, or continuing manufacture, or in advance of shipment. Until payment in full has been received by Hydro, this Standard Terms and Conditions of Sale shall constitute a security agreement and Buyer hereby grants Hydro a purchase money security interest in and to the products produced by Hydro hereunder, and any products or proceeds thereof. In particular: (i) Hydro will retain an express purchase money security interest in and to the products and all proceeds thereof. (ii) Until full payment for the products is received by Hydro, Hydro reserves the right to retake possession of the products at any time and for this purpose Buyer authorizes Hydro or its duly authorized agent to enter upon land or premises where it believes the product may be. (iii) Proceeds of any disposal of the products shall be held in trust for Hydro pursuant to the terms of the Maine Uniform Commercial Code. (iv) Buyer grants Hydro a power of attorney for the purpose of filing a UCC-1 financing statement in the name of Buyer to evidence Hydro’s security interest in the products. 6. BACKCHARGES. In the event that Buyer is required to make repairs, corrections or modifications to the goods supplied by Hydro, it shall only do so upon written approval from Hydro. Backcharges shall be limited to the costs directly associated in making the repairs, corrections or modifications to the goods supplied by Hydro. The costs of such backcharges shall be subject to approval by Hydro and shall be limited to: (1) directly related labor and material costs, (2) directly related equipment and tool rental at prevailing rates in the project location and (3) Buyer’s overhead & supervision costs to make repairs, corrections or modifications to the goods supplied by Hydro. Buyer shall submit complete documentation to Hydro’s satisfaction including but not limited to labor time sheets, material lists, and rental fees detailing the nature of the back charges. Backcharges shall be in the form of an adjustment to the contract price or reduction in retained payments and not a direct payment. No incidental or consequential backcharges shall be allowed. Page 7 of 8 10/17/2016 ® 2016 Hydro International - All Rights Reserved Bid Package – Meridian, ID WWTP 7. DELIVERY. The goods are sold F.O.B. manufacturing site, freight prepaid to Buyer at job site. Except as outlined in Paragraph 8 below, the risk of loss passes to Buyer after Hydro delivers the goods to the carrier. Hydro reserves the right to select the method of shipment and carrier. Delivery dates are approximate only and are not a guarantee of delivery on a particular day. Hydro is not liable for failure or delays in deliveries of any cause whatsoever beyond the control of Hydro. 8. TITLE & INSURANCE: Title to the product(s) and risk of loss or damage shall pass to Buyer upon delivery to a carrier as outlined in Paragraph 7 above, or, in the event Buyer delays shipment, by the previously agreed date of readiness for shipment, except that a security interest in the product(s) or any replacement shall remain in Hydro’s name, regardless of the mode of attachment to realty or other property, until the full price has been paid in cash. Buyer agrees to protect Hydro’s interest by adequately insuring the product(s) against loss or damage from any external cause with Hydro named as insured or co-insured. 9. ERECTION: Unless otherwise stated in writing, the goods provided hereunder shall be assembled and erected by and at the expense of Buyer. 10. CANCELLATION & BREACH: Orders placed cannot be canceled, nor shipments of goods made up, or in process, be deferred beyond the original shipment dates specified, except with Hydro’s written consent and upon terms which shall indemnify Hydro against all loss. In the event of cancellation or the substantial breach of Buyer’s obligations, as by failing to make any of the payments when due, the parties agree that Hydro will suffer a serious and substantial damage that will be difficult, if not impossible, to measure, both as of the time of entering into this purchase agreement and as of the time of such cancellation or breach. Therefore, the parties agree that, upon such cancellation or breach, Buyer shall pay to Hydro the sums set forth herein below, which sums the parties do hereby agree shall constitute agreed and liquidated damages in such event:  If cancellation or breach shall occur after the acceptance of the purchase order but prior to mailing of submittal documents by Hydro to Buyer, liquidated damages shall be 10% of the selling price.  If cancellation or breach shall occur within thirty (30) days from the mailing of submittal documents by Hydro to Buyer, the liquidated damages shall be 20% of the selling price.  If the cancellation or breach occurs after thirty (30) days from the mailing of submittal documents by Hydro to Buyer, but prior to notification that the order is ready for shipment, the liquidated damages shall be the total of 30% of the selling price plus the expenses incurred, cost of material, and reasonable value of the work expended to fill the order involved herein by Hydro’s engineers and other employees, agents and representatives after the mailing of general arrangement drawings by Hydro to Buyer, said sums to be determined at the sole reasonable discretion of Hydro; provided, however, that the total liquidated damages under this provision shall not exceed the total selling price.  If cancellation or breach shall occur after Hydro has notified Buyer that the order is ready for shipment, then the liquidated damages shall be the total selling price, less costs associated with startup or field testing. 11. MATERIALS OF CONSTRUCTION, PAINTS AND COATINGS: Buyer is responsible for determining the suitability of, and for giving final approval of, the materials of construction, paints, coatings, etc. to be used by Hydro. 12. WARRANTY: Any product that proves defective in material, workmanship or design within twelve (12) months after delivery (or entry into storage) will be, at the discretion of HYDRO, modified, repaired or replaced, or Buyer’s payment for the products will be refunded. This shall be Buyer’s sole remedy. HYDRO EXPRESSLY EXCLUDES AND DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHER WARRANTIES, EXPRESS OR IMPLIED. This warranty does not cover any defects or costs caused by: (1) normal wear and tear of equipment from designed operation. (2) modification, alteration, repair or service of the goods by anyone other than Hydro; (3) physical abuse to, or misuse of, the goods, or operation thereof in a manner contrary to Hydro's instructions; (4) any use of the goods other than that for which they were intended; (5) chemicals or components which were not disclosed to Hydro; (6) storage contrary to Hydro's instructions; or (7) failure to maintain the goods in accordance with Hydro's instructions. This warranty does not apply to component parts of the goods that were not both originally designed and manufactured by Hydro, including, but not limited to, valves and controls. These component parts do not carry any warranties by Hydro, and only carry the warranties, if any, of their manufacturers. In order for Buyer to make a claim under this warranty, Buyer must promptly, and within the warranty period, notify Hydro in writing of any defect(s) in the goods covered by this warranty. If any defect(s) in the goods covered by this warranty are visible at the time of delivery, Buyer must notify Hydro of the defect(s) in writing within five working days. To make any claim under this warranty, Buyer must also fully comply with written authorization and return instructions from Hydro. 13. FIELD SERVICE: Startup/Field Service will only be scheduled upon written request. Buyer shall notify Hydro of schedule requirements at least ten (10) working days in advance, or additional charges may be added to cover late-scheduled travel costs. Additional costs will be limited to those arising out of late-scheduled costs. Should Buyer have outstanding balances due Hydro, no startup / field service will be scheduled until such payments are received by Hydro. Hydro will send documents to Buyer defining the service or startup requirements. Buyer assumes all responsibility for the readiness of the system when it requests startup service. Should Hydro’s Field Service Engineer arrive at the jobsite and determine that the system cannot be started up within a reasonable time, Hydro shall have the option to bring the Field Service Engineer home and bill Buyer for time, travel and living expenses. Additional field service is available from Hydro at the prevailing per-diem rate at the time of the request for service plus all travel and living expenses, portal-to-portal. A purchase order or change order will be required prior to scheduling this additional service. 14. LIMITATION OF HYDRO'S LIABILITY. Hydro assumes no liability or responsibility for the misuse of its products by Buyer, Buyer’s employees, agents or assigns, or other use inconsistent with the use appropriate to the performance specification requirements Page 8 of 8 10/17/2016 ® 2016 Hydro International - All Rights Reserved Bid Package – Meridian, ID WWTP submitted to Hydro, and Buyer agrees to indemnify and hold harmless Hydro for any loss, costs, expense or liability that it may incur or be put to as a result of misuse or inconsistent use of the products. In addition, Hydro shall have no liability to Buyer for any consequential or incidental damages incurred by Buyer in connection with the contract documents or the products purchased by Buyer. Hydro shall not be liable for any loss which results from delay in delivery caused by any reason beyond its control, including, but not limited to, acts of God, casualty, civil disturbance, labor disputes, strikes, transportation or inability to obtain materials or services, any interruption of its facilities, or act of any governmental authority. The time for delivery shall be extended during the continuance of such conditions. The total liability of Hydro to Buyer in the form of liquidated damages for any loss, indemnity, damage or delay of any kind will not under any circumstances exceed 25% of the Contract Sum. 15. INTELLECTUAL PROPERTY. Hydro shall retain sole ownership of all of its intellectual property used or produced in connection with the Project, including but not limited to all drawings, specifications, software, written materials, manuals, marks, business methods, and all other property that is capable of protection by a patent, copyright or trademark (whether or not such protection has actually been sought). Buyer shall not use such intellectual property except for the purpose of confirming the quality of design and/or manufacturing of the products and services set forth in the Proposal. Buyer shall not photocopy, duplicate or in any way copy such intellectual property except for the Buyer’s internal purposes only (but not for rendering services or selling products to third persons). Buyer shall not sell, license, assign or transfer the intellectual property protected by this paragraph to anyone. Buyer shall ensure that Owner is in possession of valid licenses for all third-party software (not provided by Hydro) used for the Project, and shall indemnify and hold harmless Hydro against all claims by licensors of such software. Hydro makes no warranty regarding the effect of such third- party software on the performance of the software to be developed by Hydro for the Project and Hydro shall be released from any warranties given to Buyer to the extent that such software causes or contributes to problems. Following acceptance and final payment to Hydro, Hydro will grant to the Owner a non-transferable, non-exclusive license to use the software for the Owner’s internal purposes only in the form of the license agreement attached as Exhibit A. 16. TAXES. Prices stated herein do not include any tax, excise, duty or levy now or hereafter enacted or imposed, by any governmental authority on the manufacture, sale, delivery and/or use of any item delivered. An additional charge will be made therefore and paid by Buyer unless Hydro is furnished with a proper exemption certificate relieving Hydro of paying or collecting the tax, excise, duty or levy in question. 17. INTERPRETATION OF CONTRACT. This contract shall be construed according to the laws of the State of Maine. 18. CHOICE OF FORUM. Buyer and Hydro hereby consent and agree that the United States District Court for the District of Maine or the District Court or Superior Court located in the City of Portland, County of Cumberland, Maine will have exclusive jurisdiction over any legal action or proceeding arising out of or relating to the contract documents, and each party consents to the personal jurisdiction of such Courts for the purpose of any such action or proceeding. Buyer and Hydro further hereby consent and agree that the exclusive venue for any legal action or proceeding arising out of or relating to the contract documents will be in the County of Cumberland, Maine. Each party hereby waives all rights it has or which may hereafter arise to contest such exclusive jurisdiction and venue. 19. ATTORNEYS' FEES. If any judicial or non-judicial proceeding is initiated for the purpose of enforcing a provision of this contract, the prevailing party shall be awarded reasonable attorneys' fees in addition to all other costs associated with the proceeding, whether or not the proceeding advances to judgment. 20. SEVERABILITY. If any provisions of this contract are held invalid by a court of competent jurisdiction, the remainder of this contract shall not be rendered invalid, and such invalid provisions shall be modified, in keeping with the letter and spirit of this contract, to the extent permitted by applicable law so as to be rendered valid. 21. ANTI-BRIBERY. Hydro International will not engage in any form of bribery or corruption. The offering, giving or receiving of bribes is contrary to Hydro International’s values and can play no part in the way in which it carries out its business. Hydro requires you to support our approach and implement provisions consistent with our policy through your own organization and your supply chain. Please find a copy of our Anti-Bribery and Corruption Policy on our website at http://plc.hydro-intl.com/content/view/296/247/ Project Name: Date Prepared: Project Number: 10_11_3312-E Rev2 Validity: Representative: Engineer: Quantity Price 2 2 2 2 $302,570.00 2 2 $175,970.00 2 2 2 $197,700.00 Control Panel 2 $80,590.00 Progammable Relay Equipment Subtotal $756,830.00 1 $33,800.00 1 $6,900.00 $797,530.00 Extended Warranty One (1) additional year for a total of two (2) years from substantial completion 1 $14,000.00 1 $4,600.00 Controls Witnessed Factory Acceptance Test Test will be conducted at control vendors facility. Travel expenses provided by others. 1 $4,600.00 Eutek HeadCell® anchor bolt set, 316L SS Eutek Grit Snail® anchor bolt set, 316L SS Primary Grit Removal 32 mgd/unit 12 ft. 12 Tray 150 micron Eutek HeadCell® Grit Removal unit Eutek HeadCell® inlet flow distribution header, 316L Stainless Steel 32" Eutek SlurryCup™ : 316L Stainless Steel, w/ Hydraulic Valve Grit Classifying and Washing NEMA 4X, 316 Stainless Steel Enclosure, 480 VAC, Three Phase, VFD Grit slurry underflow collector, 316L Stainless Steel GS1260 Eutek Grit Snail®: 316L Stainless Steel, up to 2.0 yd3/hr 12” Belt, 60” Clarifier Grit Dewatering Complete with drive unit, valves and chute adaptor Valves, gauges, plumbing, and single-point water connection Terms & Conditions: As defined by Hydro International standard Terms & Conditions. Start-up One (1) factory representative for two (2) trips for a total of five (5) days Freight Freight to jobsite in Meridian, ID Total Firm Price: Adder Summary Additional Controls Start-up One (1) factory representative for one (1) trip for a total of five (5) days for controls integration Meridian, ID WWTP Coombs-Hopkins Equipment November 9, 2016 Brown & Caldwell Bid Pricing April 30, 2017 F FROM INFLUENT SCREEN CHANNEL 1 DRAIN I-110-0001 c G FROM INFLUENT SCREEN CHANNEL 2 DRAIN I-110-0002 b H FROM INFLUENT SCREEN CHANNEL 3 DRAIN I-110-0003 b A FROM SCREENS BYPASS CHANNEL I-110-0001 a B FROM INFLUENT SCREEN CHANNEL1 I-110-0001 b C FROM INFLUENT SCREEN CHANNEL 2 I-110-0002 a D FROM INFLUENT SCREEN CHANNEL 3 I-110-0003 a K FROM SCREENINGS HANDLING I-110-0004 a M FROM PLANT NPW SYSTEM I-100-0016 e 6" GR 6" GR 6" GR RS SRS SRS SRS 10" D 1 1/2" NPW SHDW1SGT0013 SHDW1SGT0014 SHDW1SGT0015 1" NPW 1" NPW FI 0002 SPEC: 01 64 00 GRIT SETTLER 2 SHDW1GTS1002 SPEC: 01 64 00 GRIT SETTLER 1 SHDW1GTS1001 FI 0001 b TO PRIMARY CLARIFIER SPLITTER BOX I-110-0009 B PI PI a TO PRIMARY CLARIFIER SPLITTER BOX I-110-0009 A PI c TO PRIMARY CLARIFIER SPLITTER BOX I-110-0009 C PI 6"GR PI e TO GRIT PUMP 1 I-110-0006 B 6"GR 6" GR 6" GR SHDW1VAL0011 SHDW1VAL0012 SHDW1VAL0007 SHDW1VAL0006 6"GR 6"GR SHDW1VAL0009 SHDW1VAL0008 f TO GRIT PUMP 2 I-110-0006 C 6"GR d TO GRIT PUMP 3 I-110-0006 A SHDW1VAL0010 SHDW1SGT00172 SHDW1SGT00162 I FROM SCREEN BYPASS CHANNEL DRAIN I-110-0001 I 6" GR 1 1 SHDW1VAL0015 SHDW1VAL0017 J FROM HEADWORKS BIOFILTER SUMP PUMP 1 I-110-0015 a 2" PD GRIT REMOVAL BYPASS CHANNEL L FROM HEADWORKS BIOFILTER SUMP PUMP 2 I-110-0015 b 2" PD E AERATION BLOWER BUILDING 2 I-110-0016 b 3" NPWC 3" N P W C 1 D DATE REVISIONS DESCRIPTION BC PROJECT NUMBER FILENAME SHEET NUMBER DRAWING NUMBER AT FULL SIZE CHECKED: APPROVED: DRAWN: MERIDIAN PROJECT NUMBER DESIGNED: REV CHECKED: 2 3 4 5 6 C B 1 2 3 4 5 6 OF D C B A LINE IS 2 INCHES A Pa t h : P: \ M E R I D I A N , C I T Y O F \ 1 4 9 1 2 9 - H E A D W O R K S \ _ C A D \ 2 - S H E E T S \ I - P I D F I L E N A M E : I- 1 1 0 - 0 0 0 5 . D W G P L O T D A T E : 1/ 5 / 2 0 1 7 2 : 0 8 P M C A D U S E R : ST E V E P L A N C I C City of Meridian Wastewater Resource Recovery Facility Headworks Capacity Expansion 149129 I-110-0005.DWG DPB SMP ADH MJW I-110-0005 GRIT REMOVAL INSTRUMENTATION 1.OWNER SUPPLIED EQUIPMENT. 2.GRIT REMOVAL TANK EFFLUENT SLIDE GATES NOT PART OF OWNER SUPPLIED EQUIPMENT. KEY NOTES: 16046 D A V I D P . B E R G D O L T L I C E NS E D S T A T E OF I D A H O B FROM GRIT REMOVAL I-110-0005 e PI 0003 a TO GRIT PROCESSING I-110-0007 A 6"GR SPEC: 43 23 84.11 GRIT PUMP 1 SHDW1PMP1001 PI 0005 b TO GRIT PROCESSING I-110-0008 A 6" GR SPEC: 43 23 84.11 GRIT PUMP 3 SHDW1PMP1003 MTSH 1001 MTSH 1003 PI 0004 SPEC: 43 23 84.11 GRIT PUMP 2 SHDW1PMP1002 MTSH 1002 SHDW1VAL0018 SHDW1VAL0016 SHDW1VAL0014 SHDW1VAL0019 SHDW1VAL0020 SHDW1PLC0001 6"GR C FROM GRIT REMOVAL I-110-0005 f A FROM GRIT REMOVAL I-110-0005 d 6"GR 6"GR 1 1 1 START/ STOP MOTOR TEMP FAIL AUTO RUN RUN TOTAL YQ 1003 YL 1003 ZL 1003 YA 1003 TAH 1003 HS 1003 START/ STOP MOTOR TEMP FAIL AUTO RUN RUN TOTAL YQ 1002 YL 1002 ZL 1002 YA 1002 TAH 1002 HS 1002 START/ STOP MOTOR TEMP FAIL AUTO RUN RUN TOTAL YQ 1001 YL 1001 ZL 1001 YA 1001 TAH 1001 HS 1001 HS 1001 YL 1001 RUN YA 1001 FAULT HS 1002 YL 1002 RUN YA 1002 FAULT YL 1003 RUN YA 1003 FAULT ES480/3/60 E SHDW1MCC0001 MES480/3/60 E SHDW1MCC0001 MES480/3/60 E SHDW1MCC0001 M HS 1003 HOA HOA HOA II 1003 MOTOR AMPS II 1002 MOTOR AMPS II 1001 MOTOR AMPS 1 D DATE REVISIONS DESCRIPTION BC PROJECT NUMBER FILENAME SHEET NUMBER DRAWING NUMBER AT FULL SIZE CHECKED: APPROVED: DRAWN: MERIDIAN PROJECT NUMBER DESIGNED: REV CHECKED: 2 3 4 5 6 C B 1 2 3 4 5 6 OF D C B A LINE IS 2 INCHES A Pa t h : P: \ M E R I D I A N , C I T Y O F \ 1 4 9 1 2 9 - H E A D W O R K S \ _ C A D \ 2 - S H E E T S \ I - P I D F I L E N A M E : I- 1 1 0 - 0 0 0 6 . D W G P L O T D A T E : 1/ 5 / 2 0 1 7 2 : 0 9 P M C A D U S E R : ST E V E P L A N C I C City of Meridian Wastewater Resource Recovery Facility Headworks Capacity Expansion 149129 I-110-0006.DWG DPB SMP ADH MJW I-110-0006 GRIT PUMPING INSTRUMENTATION 1.VENDOR SUPPLIED EQUIPMENT. KEY NOTES: 1.PLC I/O PREFACED WITH FULL EQUIPMENT NUMBER, SUCH AS "SIPSLIT0001-LI" FOR LEVEL INDICATION REFER TO SECTION 25 06 30.85 FOR FULL INSTRUMENT NUMBER. GENERAL SHEET NOTES 16046 D A V I D P . B E R G D O L T L I C E NS E D S T A T E OF I D A H O WRRF Headworks Capacity Expansion 01 78 23 - 1 Project No. 149129 November 2016 SECTION 01 78 23 TRAINING REQUIREMENTS AND OPERATION AND MAINTENANCE DATA FOR PRE-PURCHASED EQUIPMENT PART 1–GENERAL 1.01 SUMMARY A. This section specifies Operation and Maintenance (O&M) Manuals and related equipment data for incorporation into the Owner’s asset management system. B. Requirements for Vendor training sessions for pre-purchased equipment specified in each equipment specification. 1.02 SUBMITTALS A. Procedures: Informational submittal item requirements are satisfied when they have been reviewed by the Owner and returned with a review action of “Receipt Acknowledged”. There are no Vendor activities that are conditioned on Informational Submittal items. B. Informational Submittal Items: 1. Provide completed O&M Manual Transmittal Form (Form 01 78 23-A) and Equipment Record Forms (Form 01 78 23-B and Form 01 78 23-C) with each submittal. Insert Forms 01 78 23-B and Form 01 78 23-C as the initial pages of the Operation and Maintenance Manual. Forms are located at the end of this Section. 2. Sixty days prior to the Operational Test Phase tests specified in each equipment specification, submit Preliminary Operation and Maintenance manuals electronically. 3. Owner will complete review of preliminary O&M manuals and deliver review comments within 30 days of receipt. 4. Provide four hard copies and two electronic copies of the final O&M Manual. 5. Training session presentation materials, agenda, and scheduled training date(s). 1.03 OPERATION AND MAINTENANCE MANUAL CONTENTS A. O&M Manuals contain all information needed to operate, maintain, and repair all systems and equipment and material provided for the Contract, including but not limited to, the following: 1. General: Names, addresses, and telephone numbers of the manufacturer, the nearest manufacturer’s representative, and the manufacturer’s nearest supplier of equipment and parts. Include the manufacturer’s web site information. WRRF Headworks Capacity Expansion 01 78 23 - 2 Project No. 149129 November 2016 2. Operating Instructions: a. Safety Precautions: List personnel hazards for equipment and list safety precautions for all operating conditions. b. Operator Prestart: Provide requirements to set up and prepare equipment for use. c. Start-up, Shutdown, and Post-Shutdown Procedures: Provide a control sequence for each of these operations. d. Normal Operations: Provide control diagrams; explain operation and control of systems and specific equipment. As applicable, provide baseline vibration, temperature, pressure, etc. readings. e. Emergency Operations: Provide emergency procedures for equipment malfunctions to permit a short period of continued operation or to shut down the equipment to prevent further damage. Include shutdown instructions for fire, explosion, spills, or other foreseeable contingencies. Provide guidance on emergency operations of all utility systems including valve locations and portions of systems controlled. f. Service Requirements: Provide instructions for services to be performed by the operator such as lubrication, adjustments, and inspection. g. Environmental Conditions: Provide a list of environmental conditions (temperature, humidity, and other relevant data) that are best suited for each product and describe conditions under which product should not be allowed to run. 3. Preventive Maintenance: a. Lubrication Data: Provide a table showing recommended lubricants for specific temperature ranges and applications; provide charts with a schematic diagram showing lubrication points, recommended lubricants, and capacities; provide a lubrication schedule showing service interval frequency. b. Provide manufacturer's preventive maintenance schedule for routine inspections, tests, and adjustments required to ensure proper and economical operation and minimize repairs. Provide manufacturer's projection of preventive maintenance man-hours, by type of craft, on a daily, weekly, monthly, and annual basis. List tasks to be performed at specific calendar and usage intervals. 4. Corrective Maintenance: a. Troubleshooting Guides and Diagnostic Techniques: Provide step-by- step procedures to promptly isolate the cause of typical malfunctions. Describe clearly why the checkout is performed and what conditions are to be sought. Identify tests or inspections and test equipment required to determine whether parts and equipment may be reused or require replacement. WRRF Headworks Capacity Expansion 01 78 23 - 3 Project No. 149129 November 2016 b. Wiring and Control Diagrams: Provide point-to-point drawings of wiring and control circuits including factory-field interfaces. Provide a complete and accurate depiction of the actual job-specific wiring and control work. On diagrams, number electrical and electronic wiring terminals identically to actual installation. c. Maintenance and Repair Procedures: Provide instructions and list tools required to restore equipment to proper operational condition. d. Removal and Replacement Instructions: Provide step-by-step procedures and list required tools and supplies for removal, replace- ment, disassembly, and assembly of components, subcomponents, and accessories. Provide tolerances, dimensions, settings, and adjustments required. Include a combination of text and illustrations. e. Spare Parts and Supply Lists: Provide a list of spare parts and supplies required for maintenance and repair to ensure continued service or operation without unreasonable delay. Identify spare parts and supplies that require a long lead time. Provide list prices. f. Corrective Maintenance: Provide manufacturer's projection of corrective maintenance man-hours by type of craft. Separately identify and tabulate corrective maintenance requiring equipment manufacturer’s participation. 5. Appendices: a. Parts Identification: Identify each component, subcomponent, and accessory subject to replacement. Include special hardware requirements, such as requirement to use high-strength bolts and nuts. Identify parts by make, model, serial number, and source of supply to allow reordering without further identification. Provide clear and legible illustrations, drawings, and exploded views to enable easy identification. When illustrations omit the part numbers and description, cross reference the illustrated part to the listed part. Group parts by components, subcomponents, and accessories. b. Training Requirements: Provide manufacturer’s information used during training of Owner’s staff. c. Testing Equipment and Special Tool Information: Provide information on required test equipment; provide information on special tools needed for operation, maintenance, and repair. B. Bind each hard copy of the final O&M Manual in slant-D, 3 ring view binders with insertable clear vinyl overlay on the front cover and spine and heavy duty nylon reinforced hinges. 1. Provide typed cover slip sheet identifying Project name, equipment name, equipment number(s), Vendor and date. Provide typed spine slip sheet identifying equipment name, equipment number(s), and date. For the final O&M Manual leave the date blank. 2. Include a typed index and tabbed dividers between equipment categories or specification sections for each copy of the O&M manual. WRRF Headworks Capacity Expansion 01 78 23 - 4 Project No. 149129 November 2016 3. Provide multiple volumes as necessary so that the paper contents of each volume does not exceed 3-1/2 inches thick. Label volumes consecutively as “Volume [number] of [total number of volumes]”. C. Deliver electronic copies of O&M manuals on a USB flash drive. 1. Provide electronic copies of O&M manuals as searchable Adobe Acrobat pdf format files. 2. Where scanned pages are used, each scanned page is provided with a bookmark and identified in the index. In addition, annotate each scanned page identifying the content. For example, for a scan of a Special Warranty, insert an annotation in the file stating “Special Warranty Documentation, Page 1.” 3. Index each manual with hyperlinks and bookmarks to each section. 4. Consistently orient all diagrams, drawings, pictures and illustrations. 5. Where 3D drawing equipment blocks have been provided by equipment manufacturers, include equipment blocks as part of the electronic O&M manuals. PART 2–NOT USED PART 3–EXECUTION 3.01 TRAINING A. Conduct training after completion of Component Test Phase. 1. Training performed by factory representatives experienced in operation and maintenance of the equipment. Sales representatives are not qualified to provide training. 2. Training will not be considered complete unless: a. All training deliverables are submitted, reviewed, and receipt acknowledged before training begins. b. System operates free of malfunctions during training. c. All provisions of field and classroom training are met. 3. Repeat entire training session for any training on equipment that does not comply with the requirements listed above. B. FIELD AND CLASSROOM TRAINING REQUIREMENTS: 1. Conduct classroom training at the City of Meridian WRRF site. 2. Provide factory trained instructors familiar with both classroom and hands-on instruction. 3. Training instructors present for class room training on time. Session beginning and ending times to be coordinated with the Owner. Normal time lengths for class periods can vary. Schedule brief rest breaks during training. 4. Plan for a class attendance of 12 people at each session; provide sufficient classroom materials, samples, and handouts for those in attendance. WRRF Headworks Capacity Expansion 01 78 23 - 5 Project No. 149129 November 2016 5. Instructors to have a typed agenda and well-prepared instruction material. The use of visual aids (e.g., films, pictures, and slides) is recommended. 6. Provide equipment required for presentation of films, slides and other visual aids. 7. Maintain a log of classroom training including: instructors, topics, dates, time, and attendees. 8. Furnish digitally recorded training on DVD. Label DVD with equipment or system name and submit to Owner. 9. Include hands-on training held at the actual installed equipment location. 10. Submit electronic copies of handouts and presentation materials including copies of PowerPoint presentations. 11. Notify the Owner of class times at least 10 days prior to the day of training. 12. Owner may, at its discretion, choose to record training sessions using internal resources or by contracting with a third party. Contractor and manufacturers shall cooperate with recording efforts. 3.02 TRAINING PRESENTATION CONTENTS A. Train the Owner's personnel only with factory trained manufacturer’s representatives. Provide expertise necessary to respond to questions during training. Use the following general outline for manufacturer’s training presentations: 1. Familiarization: a. Show catalog, parts lists, drawings, and O&M manuals. b. Provide overview of design intent. c. Review the installation of specific equipment items. d. Demonstrate the unit’s operation. e. Answer questions. 2. Safety: a. Point out safety references. b. Discuss safety precautions around equipment. 3. Operation: a. Point out reference literature. b. Explain all modes of operation, including emergency. c. Test personnel on proper use of the equipment by letting them operate it. 4. Preventative maintenance: a. Distribute the preventative maintenance list, including reference material, and daily, monthly, quarterly, semi-annual and annual tasks. b. Demonstrate how to perform preventative maintenance tasks. c. Identify indicators of equipment problems. WRRF Headworks Capacity Expansion 01 78 23 - 6 Project No. 149129 November 2016 5. Corrective Maintenance: a. List possible problems. b. Discuss repairs, point out special problems. c. Open up the equipment and demonstrate procedures where practical. 6. Parts: a. Review spare parts list, and indicate how to use. b. Indicate how to order additional spare parts. c. Provide recommendations for spare parts inventory. d. Provide price list. B. Schedule and attend a planning and coordination meeting 10 days prior to first anticipated training class. C. Provide a training status report and schedule-to-complete presentation materials. D. Provide agenda and training materials for each presentation a minimum of seven days prior to the presentation. PART 4–FORMS WRRF Headworks Capacity Expansion 01 78 23 - 7 Project No. 149129 November 2016 01 78 23-A. OPERATION AND MAINTENANCE MANUAL TRANSMITTAL FORM Date: Submittal No: To: Contract No: Spec. Section: Submittal Description: Attention: From: Checklist Contractor Construction Manager Satisfactory N/A Accept Deficient 1. Table of contents 2. Equipment record forms 3. Manufacturer information 4. Vendor information 5. Safety precautions 6. Operator prestart 7. Start-up, shutdown, and post-shutdown procedures 8. Normal operations 9. Emergency operations 10. Operator service requirements 11. Environmental conditions 12. Lubrication data 13. Preventive maintenance plan and schedule 14. Troubleshooting guides and diagnostic techniques 15. Wiring diagrams and control diagrams 16. Maintenance and repair procedures 17. Removal and replacement instructions 18. Spare parts and supply list 19. Corrective maintenance man-hours 20. Parts identification 21. Warranty information 22. Personnel training requirements 23. Testing equipment and special tool information Remarks: Contractor's Signature : WRRF Headworks Capacity Expansion 01 78 23 - 8 Project No. 149129 November 2016 01 78 23-B. EQUIPMENT RECORD FORM Equip Descrip Equip Loc Equip No. Shop Dwg No. Date Inst Cost Mfgr Mfgr Contact Mfgr Address Phone Vendor Vendor Contact Vendor Address Phone Maintenance Requirements D W M Q S A Hours Lubricants: Recommended: Alternative: Misc. Notes: Recommended Spare Parts Electrical Nameplate Data Part No Quan Part Name Cost Equip Make Serial No. Id No. Model No. Frame No. Hp V Amp Hz Ph Rpm Sf Duty Code Insl. Cl Des Type Nema Des C Amb Temp Rise Rating Misc. Mechanical Nameplate Data Equip Make Serial No. Id No. Model No. Frame No. Hp Rpm Cap Size Tdh Imp Sz Belt No. Cfm Psi Assy No. Case No. Misc WRRF Headworks Capacity Expansion 01 78 23 - 9 Project No. 149129 November 2016 01 78 23-C. EQUIPMENT RECORD FORM Equip Descrip Equip Loc Equip No. Shop Dwg No. Date Inst Cost Mfgr Mfgr Contact Mfgr Address Phone Vendor Vendor Contact Vendor Address Phone Maintenance Requirements D W M Q S A Hours WRRF Headworks Capacity Expansion 46 23 23 - 1 Project No. 149129 August 2016 SECTION 46 23 23 GRIT REMOVAL EQUIPMENT PART 1–GENERAL 1.01 SUMMARY A. Section includes stacked-tray type grit removal units / grit settlers to remove grit particles from screened municipal wastewater and concentrate the grit in a sump at the bottom of the unit. The grit settlers will be installed within concrete tanks provided by the Contractor. B. Equipment List: Item Equipment Number GRIT SETTLER 1 SHDW1GTS1001 GRIT SETTLER 2 SHDW1GTS1002 1.02 REFERENCES A. This Section contains references to the following documents. They are a part of this Section as specified and modified. Where a referenced document contains references to other standards, those documents are included as references under this section as if referenced directly. In the event of conflict between the requirements of this section and those of the listed documents, the requirements of this section prevail. Reference Title ASME B16.1 Gray Iron Pipe Flanges and Flanged Fittings Classes 25, 125, and 250 ASTM A480 General Requirements for Flat-Rolled Stainless and Heat-Resisting Steel Plate, Sheet, and Strip ASTM A240 Chromium and Chromium-Nickel Stainless Steel Plate, Sheet, and Strip for Pressure Vessels and for General Applications ASTM A276 Stainless Steel Bars and Shapes ASTM A479 Stainless Steel Bars and Shapes for Use in Boilers and Other Pressure Vessels ASTM A 312 Seamless, Welded, and Heavily Cold Worked Austenitic Stainless Steel Pipes ASTM A380 Cleaning, Descaling, and Passivation of Stainless Steel Parts, Equipment, and Systems 1.03 SUBMITTALS A. Procedures: 1. Except at his own risk, the Vendor is not authorized to proceed with manufacture of the specified components until all Action Submittal Items have been reviewed by the Owner and returned with a review action of “No Exceptions Taken” or “Make Corrections Noted”. WRRF Headworks Capacity Expansion 46 23 23 - 2 Project No. 149129 August 2016 2. Informational submittal item requirements are satisfied when they have been reviewed by the Owner and returned with a review action of “Receipt Acknowledged”. There are no Vendor activities that are conditioned on Informational Submittal items. B. Action Submittal Items: 1. A copy of this specification section with addendum updates included, with each paragraph check-marked to indicate specification compliance or marked to indicate requested deviations from specification requirements. Check-marks () shall denote full compliance with a paragraph as a whole. Deviations shall be underlined and denoted by a number in the margin to the right of the identified paragraph. The remaining portions of the paragraph not underlined will signify compliance on the part of the Vendor with the specifications. Include a detailed, written justification for each deviation. Failure to include a copy of the marked-up specification sections, along with justification(s) for any requested deviations to the specification requirements, with the submittal shall be sufficient cause for rejection of the entire submittal with no further consideration. 2. A copy of the process and instrumentation diagrams relating to the submitted equipment, marked to show specific changes necessary for the equipment proposed in the submittal. If no changes are required, the drawing or drawings shall be marked "no changes required". Failure to include copies of the relevant drawings with the submittal shall be cause for rejection of the entire submittal with no further review. 3. Manufacturer’s data including product literature, materials of construction, rated capacity, guaranteed flow-based removal efficiencies, head loss, equipment weight, and utility requirements. 4. Shop drawings including layout, equipment dimensions, water supply connections, and structural connections. C. Informational Submittal Items: 1. Warranty information. 2. Installation Certification Form 43 05 11-A as specified in paragraph 3.02-D. 3. Training Certification Form 43 05 11-B as specified in paragraph 3.02-D. 4. Manufacturer’s operation and maintenance information in accordance with Section 01 78 23. 5. Installation manual containing instructions to be followed in the installation of the grit settlers. As a minimum, the manual contains the following information: a. Major parts list including weights of component parts. b. Procedures to be followed in unpacking and unloading, including directions indicating proper methods for moving the equipment. c. Instructions for field assembling of match-marked components as they will be shipped. d. Instructions for anchoring and securing the grit settlers, anchoring and supporting the influent duct, and grouting the bottom of the tank. e. Equipment weight and lifting points. f. Site storage and protection requirements for equipment prior to installation. WRRF Headworks Capacity Expansion 46 23 23 - 3 Project No. 149129 August 2016 PART 2–PRODUCTS 2.01 MANUFACTURERS A. Grit settlers shall be Eutek HeadCell® Grit Concentrator by Hydro International. 2.02 TYPE A. Stacked-tray, all hydraulic grit settlers with no internal moving parts, that remove and concentrate grit particles in a bottom sump for pumping to grit washing and dewatering equipment. 2.03 PERFORMANCE/DESIGN CRITERIA A. Service Conditions: Parameter Value Equipment number(s) SHDW1GTS1001 SHDW1GTS1002 Area Exposure Exposure type: Submerged1 Environment: Solution2 Fluid Type Screened wastewater, containing up to 300 mg per liter of suspended solids consisting of organic and inorganic materials, rocks, grit, rags, petroleum products, and grease. Fluid Temperature 50 to 75 degrees F 1. Submerged: locations inside a covered liquid or solids holding structure that are below a plane located 1-foot below the minimum operating level and, locations inside an open liquid or solids holding structure that are below the top of wall. 2. Solution: Liquid or solid which may contain water or other free liquid. B. Operating Conditions: 1. An influent grit characterization for the City of Meridan WRRF was conducted in April 2016. The table below summarizes the average influent grit characteristics from two consecutive days of sampling. April 2016 Grit Characterization SES, micron1 75 106 125 150 212 Percent passing, cumulative 6.5 27.7 44.5 60.2 86.2 1. SES (Sand Equivalent Size) represents the sand particle size (clean, round, silica sand particle with a specific gravity of 2.65) having the same settling velocity as the wastewater grit particle. 2. Hydraulic loading rates based on the influent flow design criteria for the project are summarized in the table below. Each grit settler must be able to operate over the range of design flows and hydraulic loading rates, and up to the peak hydraulic capacity defined in paragraph 2.03-C. WRRF Headworks Capacity Expansion 46 23 23 - 4 Project No. 149129 August 2016 Plant influent flow condition Flow, mgd Hydraulic loading, gpm/ft2 Startup minimum hour, mgd 1.27 0.65 Startup average annual, mgd 6.03 3.1 Minimum hour, mgd 2.74 1.4 Average annual, mgd 13.01 6.6 Peak day, mgd 20.16 10.3 Peak hour, mgd 30.23 15.4 C. Design Requirements: Design Requirement Value Grit settlers (each unit) Peak hydraulic capacity, mgd 32.0 Head loss at peak hydraulic capacity, maximum, in. 12 Tray diameter, ft 12 Number of trays 12 Total tray surface area, ft2 1,356 Influent duct opening size, width x height, ft 3.0 x 8.0 Flanged underflow connection size, in. 6 Fluidizing/NPW connection size, in. (MNPT) 1 Fluidizing/NPW requirement, gpm 20 Fluidizing/NPW required pressure, psig 50±5 Concrete tank for each unit (provided by Contractor)1 Inside length 20’-8” Inside width 16’-0” Height from invert of tank to bottom of influent duct inlet 16’-3 ½” Distance from influent duct inlet to center of unit 12’-7” 1. Influent duct designed and supplied by Vendor and suitable for installation of each grit settler inside the specified concrete tank dimensions, with influent duct contained within the concrete tank. 1. Each grit settler guaranteed to provide grit removal efficiencies as specified in the following table. Guaranteed removal efficiencies based on the manufacturer’s published performance criteria. Grit Particle Removal Efficiencies, minimum Loading rate, gpm/ft2 Performance ≤ 6.9 95% removal of all grit with SES ≥ 75 micron ≤ 11.8 95% removal of all grit with SES ≥ 106 micron ≤ 15.6 95% removal of all grit with SES ≥ 125 micron ≤ 16.31 95% removal of all grit with SES ≥ 150 micron 1. Loading rate of 16.3 gpm/ft2 corresponds to peak hydraulic capacity of each grit settler. WRRF Headworks Capacity Expansion 46 23 23 - 5 Project No. 149129 August 2016 2.04 SYSTEM OPERATION A. The grit removal tanks will have manual isolation slide gates in front of the grit settler influent duct. The number of grit tanks in service will be manually selected by operations staff. B. Each grit settler will be part of a packaged system that includes the grit washer and grit dewaterer units (Section 46 23 63), operating in conjunction with the grit pumps furnished and installed by the installation Contractor. Fluidizing water connection at the bottom of the unit will be continuously supplied from the plant water. 2.05 MATERIALS Component Material All steel components (influent duct, frame, grit hopper) ASTM A240 Type 316L stainless steel Settling Trays Low density polyethylene (LDPE), minimum ¼-inch thick Fasteners and misc. hardware ASTM A240 Type 316L stainless steel A. Following fabrication, pickle and passivate all stainless steel parts of the unit to remove welding spots and to protect the stainless steel against corrosion. After pickling, wash with a high-pressure wash of cold water to remove any remaining surface debris and to promote the formation of an oxidized passive layer. 2.06 FEATURES A. General: 1. All required grouting for grit settler installation will be provided by the Contractor according to Vendor installation instructions. B. Influent Duct: 1. Distributes screened wastewater tangentially into each tray of the grit settler. Tangential feed establishes a vortex flow pattern causing grit to fall into a boundary layer on each tray. 2. Provide influent duct suitable for installation in the Contractor-provided concrete tank, designed and adequately supported to withstand all specified flow conditions. C. Settling Trays and Frame: 1. Each grit settler consists of a stack of conical, hydraulically independent, self- cleaning trays that receive tangential flow from the influent duct. 2. Conical trays have a center opening designed to convey settled grit to the grit hopper located below the stack of trays. 3. Trays are configured to be supported within a stainless steel frame. 4. Frame consists of a base unit designed to be grouted into the lower section of the concrete tank and three modular settling tray units that hold four settling trays each. D. Grit Hopper: 1. Receives and concentrates grit dropped from the settling trays for removal with a grit pump. WRRF Headworks Capacity Expansion 46 23 23 - 6 Project No. 149129 August 2016 2. Equipped with a flanged underflow connection drilled per ASME B16.1 and set tangentially to the hopper. 3. Equipped with a threaded fluidizing water connection set tangentially to the hopper on the opposite side of the underflow connection. E. Appurtenances: For each grit settler, the following valves and accessories for the 1-inch diameter fluidizing water supply will be provided by the Contractor (not part of the Vendor scope of supply): 1. Manual ball valve 2. Globe valve 3. Flow indicator (rotameter) 2.07 SOURCE QUALITY CONTROL A. Factory Testing: Assemble and inspect grit settlers at the factory before being packed for shipping. The Owner reserves the right to be present during inspection and packing. Notify the Owner at least four weeks prior to the scheduled inspection and packing date. The inspection includes the following minimum requirements: 1. Verification of all materials used for construction. 2. Dimensional check of all fabricated components. 3. Quality assurance of all welds. PART 3–EXECUTION 3.01 INSTALLATION A. Grit settlers will be installed by a Contractor hired by the Owner and installed in accordance with the vendor’s installation instructions, and in accordance with all OSHA, local, state, and federal codes and regulations. 3.02 FIELD QUALITY CONTROL A. General: Perform all testing consistent with applicable codes, and the manufacturer’s current quality assurance program. B. Component Test Phase: None. C. System Test Phase: The Contractor will subject each grit settler to the following field tests during the system test phase. 1. Each grit settler will be tested with clean water as part of the system test phase for the grit pumps, grit washer, and grit dewaterer. See Section 46 23 63. D. Operational Test Phase: Following the system test phase, the Contractor will perform the following tests as part of the operational test phase. Operational tests cannot be completed until operational testing of the screens and screenings washer/compactors have been completed to provide screened wastewater for the tests. 1. Normal Operation: Operate each grit settler concurrently with the associated grit pump, grit washer, and grit dewaterer in automatic operation. Test each unit for a minimum of 6 hours on consecutive days inclusive of 7:00am to 1:00pm. Adjust all WRRF Headworks Capacity Expansion 46 23 23 - 7 Project No. 149129 August 2016 set points for associated equipment as needed to optimize performance during the tests. 2. Grit Removal Study: Following completion of the normal operation tests, conduct a grit removal study to verify that each grit settler meets the guaranteed removal efficiencies specified in paragraph 2.03-C.1. The sampling plan will be approved by the Owner’s Construction Manager, including approval of all proposed grit sampling locations, before the grit removal study begins. The Contractor will hire an independent grit testing firm to conduct the study. At a minimum, the study will include two consecutive days of influent and effluent sampling around each grit settler, with a minimum of 8 hours of continuous sampling each day inclusive of 7:00am to 3:00pm. Overall removal efficiencies will be determined for each testing period based on SES. Average overall removal efficiencies from the duplicate tests must meet or exceed the guaranteed removal efficiencies specified in paragraph 2.03-C.1, based on the average loading rate (gpm/ft2) measured during the tests. 3. Overall grit settler removal efficiencies will be based on actual influent grit characteristics measured during the operational testing phase. E. Manufacturer Services: 1. On-Site Inspections and Training: Provide a factory-trained manufacturer’s representative at the Site for the following activities. Specified durations do not include travel time to or from the Site. a. Installation Inspections: Assist, supervise, and inspect the Contractor’s activities during installation of the grit settlers. Provide a minimum of 16 inspection hours. Provide a completed Form 43 05 11-A, included with this specification. b. Test Phase Inspections: Assist, supervise, and inspect the Contractor’s activities during component, system, and operational test phase activities. Provide a minimum of 20 inspection hours. c. Training Sessions: Provide a minimum of 4 hours classroom training for each training session. Conduct one training session. Certify completion of training on Form 43 05 11-B, included with this specification. WRRF Headworks Capacity Expansion 46 23 23 - 8 Project No. 149129 August 2016 43 05 11-A. MANUFACTURER'S INSTALLATION CERTIFICATION FORM Contract No: Specification section: Equipment name: Contractor: Manufacturer of equipment item: The undersigned manufacturer of the equipment item described above hereby certifies that he has checked the installation of the equipment and that the equipment, as specified in the project manual, has been provided in accordance with the manufacturer's recommendations, and that the trial operation of the equipment item has been satisfactory. Comments: Manufacturer Contractor Signature of Authorized Representative Signature of Authorized Representative Date Date WRRF Headworks Capacity Expansion 46 23 23 - 9 Project No. 149129 August 2016 43 05 11-B. MANUFACTURER'S INSTRUCTION CERTIFICATION FORM Contract No: Specification Section: Equipment name: Contractor: Manufacturer of equipment item: The undersigned manufacturer certifies that a service engineer has instructed the wastewater treatment plant operating personnel in the proper maintenance and operation of the equipment designated herein. Operations Check List (check appropriate spaces) Start-up procedure reviewed Shutdown procedure reviewed Normal operation procedure reviewed Others: Maintenance Check List (check appropriate spaces) Described normal oil changes (frequency) Described special tools required Described normal items to be reviewed for wear Described preventive maintenance instructions Described greasing frequency Others: Manufacturer Signature of Contractor Representative Date Signature of Authorized Representative Date Signature of Authorized Representative Date WRRF Headworks Capacity Expansion 46 23 63 - 1 Project No. 149129 August 2016 SECTION 46 23 63 GRIT PROCESSING UNITS PART 1–GENERAL 1.01 SUMMARY A. Section includes equipment to wash and dewater grit slurries pumped from the underflow of stacked-tray grit settlers treating municipal wastewater. B. Equipment List: Item Equipment number Grit Washer 1 SHDW1GTW0001 Grit Washer 1 Inlet Pressure Gauge PI Grit Washer 1 Supply/Backwash Water Assemblies - Grit Dewaterer 1 SHDW1GTD0001 Grit Dewaterer 1 Belt Motor SHDW1MTR0001 Grit Dewaterer 1 Belt Motor VFD SHDW1VFD0001 Grit Dewaterer 1 Belt Motor High Temp. Switch TSH Grit Dewaterer 1 Motion Sensor SSL Grit Dewaterer 1 Rinse Water Control Assembly - Grit Dewaterer Local Control Panel #1 SHDW1LCP3001 Grit Washer 2 SHDW1GTW0002 Grit Washer 2 Inlet Pressure Gauge PI Grit Washer 2 Supply/Backwash Water Assemblies - Grit Dewaterer 2 SHDW1GTD0002 Grit Dewaterer 2 Belt Motor SHDW1MTR0002 Grit Dewaterer 2 Belt Motor VFD SHDW1VFD0002 Grit Dewaterer 2 Belt Motor High Temp. Switch TSH Grit Dewaterer 2 Motion Sensor SSL Grit Dewaterer 2 Rinse Water Control Assembly - Grit Dewaterer Local Control Panel #2 SHDW1LCP3002 1.02 REFERENCES: A. This Section contains references to the following documents. They are a part of this Section as specified and modified. Where a referenced document contains references to other standards, those documents are included as references under this section as if referenced directly. In the event of conflict between the requirements of this section and those of the listed documents, the requirements of this section prevail. WRRF Headworks Capacity Expansion 46 23 63 - 2 Project No. 149129 August 2016 Reference Title AGMA 6010 E-88 Spur, Helical, Herringbone, and Bevel Enclosed Drives ASTM A240/A240M Chromium and Chromium-Nickel Stainless Steel Plate, Sheet, and Strip for Pressure Vessels and for General Applications ASTM A276 Stainless Steel Bars and Shapes ASTM A312/A312M Seamless and Welded Austenitic Stainless Steel Pipes ASTM A380 Standard Practice for Cleaning, Descaling, and Passivation of Stainless Steel Parts, Equipment, and Systems ASTM A479/A479M Stainless Steel Bars and Shapes for Use in Boilers and Other Pressure Vessels AWS D1.1 Structural Welding Code—Steel IEEE 112 Standard Test Procedures for Polyphase Induction Motors and Generators IEEE 841 Standard for Petroleum and Chemical Industry-Severe Duty Totally Enclosed Fan- Cooled (TEFC) Squirrel Cage Induction Motors - Up to and Including 500 HP NEC National Electrical Code NEMA ICS 2 Industrial Control Devices, Controllers and Assemblies NEMA MG 1 Motors and Generators OSHA Occupational Safety and Health Act 1.03 SUBMITTALS A. Procedures: 1. Except at his own risk, the Vendor is not authorized to proceed with manufacture of the specified components until all Action Submittal Items have been reviewed by the Owner and returned with a review action of “No Exceptions Taken” or “Make Corrections Noted”. 2. Informational submittal item requirements are satisfied when they have been reviewed by the Owner and returned with a review action of “Receipt Acknowledged”. There are no Vendor activities that are conditioned on Informational Submittal items. B. Action Submittal Items: 1. A copy of this specification section with addendum updates included, with each paragraph check-marked to indicate specification compliance or marked to indicate requested deviations from specification requirements. Check-marks () denote full compliance with a paragraph as a whole. Deviations shall be underlined and denoted by a number in the margin to the right of the identified paragraph. The remaining portions of the paragraph not underlined will signify compliance on the part of the Vendor with the specifications. Include a detailed, written justification for each deviation. Failure to include a copy of the marked-up specification sections, along with justification(s) for any requested deviations to the specification requirements, with the submittal shall be sufficient cause for rejection of the entire submittal with no further consideration. 2. A copy of the contract document process and instrumentation diagrams relating to the submitted equipment, marked to show specific changes necessary for the equipment proposed in the submittal. If no changes are required, the drawing or drawings shall be marked "no changes required". WRRF Headworks Capacity Expansion 46 23 63 - 3 Project No. 149129 August 2016 Failure to include copies of the relevant drawings with the submittal shall be cause for rejection of the entire submittal with no further review. 3. Electrical internal connection diagrams, and external interconnection diagrams, drawn in accordance with JIC and/or ICS standards. Connection diagrams shall be the conventional type with lines showing point-to-point wiring and must show terminals and devices as viewed by the electrician; wireless or wire schedule types are not acceptable. 4. Manufacturer’s product data including product literature, materials of construction, head loss, construction details of equipment, wiring diagrams, weight of equipment, and utility requirements. 5. Shop drawings including location of all piping, electrical, instrumentation, and structural connections. 6. Gear reduction unit catalog data indicating the unit's AGMA service classification and service factor. 7. Motor submittal items: Motor Data Form 26 05 84-A, included with this specification. a. Motor outline, dimensions, and weight. b. Manufacturer's general descriptive information relative to motor c. features. Inverter duty motor specifications including the motor winding voltage d. rating. Indicate variable or constant torque application. e. Operating speed range. f. Motor manufacturer’s statement that the submitted motor is fully g. suitable for operation with the selected variable frequency drive. 8. Catalog data on all ancillary electrical components. 9. Control panel heat load calculations indicating sizing for heater and cooling equipment. 10. Control panel power supply load calculations. 11. Programmed settings for control devices. 12. Control panel layout drawings, complete with bill of materials. Drawings will depict all assembly components with reference to line items within the bill of materials for easy identification. 13. Field wiring termination diagrams for cables between the local control panels and the grit processing equipment components/devices. Specify cable size, type, color coding, and count. C. Informational Submittal Items: 1. Certified factory test results of each grit washer and grit dewaterer prior to shipment in accordance with the requirements of this Section. 2. Warranty information. 3. Installation Certification Form 43 05 11-A as specified in paragraph 3.02-D. 4. Training Certification Form 43 05 11-B as specified in paragraph 3.02-D. 5. Equipment anchor requirements including size, number, placement pattern, and embedment depth. WRRF Headworks Capacity Expansion 46 23 63 - 4 Project No. 149129 August 2016 6. Manufacturer’s operation and maintenance information in accordance with Section 01 78 23. 7. Installation manual containing instructions to be followed in the installation of the grit washing and dewatering equipment. The manual, as a minimum, contains the following information: Major parts list including weights of component parts. a. Procedures to be followed in unpacking and unloading, including b. directions indicating proper methods for moving the equipment. Instructions for field assembling of match-marked components as c. they will be shipped. Instructions for anchoring and securing the grit washing and d. dewatering equipment. Equipment weight and lifting points. e. Site storage and protection requirements for equipment prior to f. installation. PART 2–PRODUCTS 2.01 MANUFACTURERS A. Grit washers and grit dewaterers shall be Eutek SlurryCup™ and Eutek Grit Snail® by Hydro International. 2.02 TYPE A. Grit washers: Hydraulic vortex-type units for washing and concentrating grit slurry continuously pumped from the grit settlers, mounted above and discharging concentrated and washed grit slurry to the associated grit dewaterer. All-hydraulic with no moving parts within the unit. B. Grit dewaterers: Clarifier-type units for settling grit from the grit washers and cleated belt for conveying grit out of the clarifier pool to dewater and discharge to dumpsters. 2.03 PERFORMANCE/DESIGN CRITERIA A. Service Conditions: Parameter Value Equipment number(s) SHDW1GTW0001 SHDW1GTW0002 SHDW1GTD0001 SHDW1GTD0002 Area Exposure Exposure type: Process corrosive1 Environment: Atmospheric2 Fluid Type Grit slurry comprised of sand, snails, sticks, gravel, petroleum products, industrial solvents, detergents, and organic solids. Influent solids concentration up to approximately 1 percent. Fluid Temperature 50 to 75 degrees F WRRF Headworks Capacity Expansion 46 23 63 - 5 Project No. 149129 August 2016 1. Process corrosive: locations exposed to high humidity, frequent wash down and/or corrosive gases or vapors from the process stream. 2. Atmospheric: in the space surrounding a structure or process. B. Design Requirements: Parameter Value Grit washers (each unit) Average hydraulic capacity, gpm 300 Head loss at average hydraulic capacity, maximum, in. 177 Peak hydraulic capacity, gpm 400 Head loss at peak hydraulic capacity, maximum, in. 314 Size (diameter), in. 32 Flanged influent connection size, in. 6 Flanged effluent connection size, in. 8 Rinse water connection size, in. (FNPT) 1.5 Rinse water requirement, continuous (supply), gpm 30 Rinse water requirement, intermittent (back wash), gpm 47 Rinse water supply pressure, psig 50±5 Grit dewaterers (each unit) Rated grit processing capacity, CY/hr 2.0 Belt width, in. 12 Belt travel speed range, ft./min. 1–5 Clarifier size (square), in. 60 Surface overflow rate, maximum, gpm/ft2 3.2 Freeboard, minimum, in. 3 Flanged overflow connection size, in. 6 Flanged drain connection size, in. 3 Rinse Water requirement, continuous, gpm 10 Total solids concentration of final dewatered product, minimum, percent 60 Volatile solids concentration of final dewatered product, maximum, percent 15 Grit dewaterer belt motor (see paragraph 2.07) Type TEFC Size, maximum, hp 1/3 Speed, maximum, rpm 1,800 Inverter duty Yes Thermal protection Yes Power supply voltage, phase, frequency 480 Vac, 3-ph, 60 hz Hazardous rating None Reversing motor No Multispeed motor No Motor starter type VFD WRRF Headworks Capacity Expansion 46 23 63 - 6 Project No. 149129 August 2016 2.04 SYSTEM OPERATION A. Each grit settler will be served by a single grit pump that operates continuously while the associated grit settler is in service. The grit pumps will convey the fluidized grit slurry to the grit washer and grit dewaterer units. A total of three grit pumps will be installed (one for each grit settler plus a standby unit). Manual plug valves on the grit suction piping will be used to select the grit pump serving each grit settler. Each grit settler has a dedicated grit pump or the standby grit pump that can be used for either grit settler based on the position of the manual plug valves in the suction piping. Manual plug valves on the grit discharge piping will be used to direct the grit slurry to the target grit washer unit. One grit washer is dedicated to each grit settler. B. Under normal operating circumstances, a grit pump will continuously pump grit slurry to the inlet of the associated grit washer. The grit washer will continuously discharge a small volume of washed/concentrated slurry into the grit dewaterer through a hydraulic valve at the bottom of the unit. In automatic mode, the grit washer will periodically initiate a backwash sequence by cycling solenoid valves to flush the underflow gap inside the unit. In addition, the grit washer will also periodically do an automatic blowdown sequence to flush accumulations of debris inside the unit (consists of stopping influent, cycling solenoid valves, and then resuming operation). C. The grit dewaterer will receive the washed/concentrated grit slurry into its clarifier pool and transport dewatered grit via a cleated-belt conveyor. Washed/dewatered grit is discharged into a dumpster located at grade level, below the floor level that the grit dewaterer is mounted on. A funnel and chute installed on the upper level will be used to direct grit to the target dumpster below. D. Excess water from grit washing and dewatering will drain to the wastewater treatment process stream upstream of the influent screens. 2.05 MATERIALS Component Material Grit washers and grit dewaterers fabricated steel parts Type 316L stainless steel conforming to the following standards:  Plate and sheet: ASTM A240  Bar: ASTM A276, ASTM A479  Tube: ASTM A479, ASTM A312 Grit washers and grit dewaterers vendor-provided valves and accesories Ball valves: bronze Globe valves: bronze Solenoid valves: brass Grit washers hydraulic valve supply water flow meter: stainless steel Grit dewaterer drain valve: cast iron Grit dewaterer tail rinse water flow meter: acrylic Grit dewaterers belt material Neoprene rubber, reinforced with polyester and aluminum Fasteners and misc. hardware ASTM A240 Type 316L stainless steel A. Following fabrication, submerge all stainless steel parts of the unit in a pickling bath for at least 8 hours to remove welding spots and to protect the stainless steel against corrosion. After removal from the pickling bath, wash with a high-pressure wash of cold water to remove any remaining surface debris and to promote the formation of an oxidized passive layer. WRRF Headworks Capacity Expansion 46 23 63 - 7 Project No. 149129 August 2016 2.06 FEATURES: A. Grit Washer: 1. Processes grit slurry underflow pumped from the grit settler using dominant free vortex / secondary boundary layer velocity type effect. The unit uses a hydraulic valve to deliver a continuous flow of washed grit slurry to the grit dewaterer. 2. Each grit washer is free standing on three legs and mounted above the associated grit dewaterer. 3. Provide minimum 18-inch diameter access into the top of the grit washer. All internal elements are removable from inside the unit. 4. For each grit washer, provide one ¼-inch FNPT tap, complete with ¼-inch ball valve, diaphragm seal, and pressure gauge (0-30 psig) to monitor inlet pressure to the grit washer. B. Grit Dewaterer: 1. Settles and dewaters the washed grit slurry from the associated grit washer. 2. Integral square clarifier with housing for the grit dewaterer belt fitted under the clarifier and inclined at 30 degrees above horizontal. 3. Self-cleaning tailroll mechanism mounted internally to the unit belt housing with external sealed bearings. As the belt rotates with the tailroll at the bottom of the unit the belt cleats lift from the belt to provide a gap of at least a 1-inch. The belt is provided with 2-inch openings to allow transfer of fine solids internal to the belt to the underside of each cleat. The tailroll is fitted with a scraper, which also functions as an internal belt scraper. 4. Belt per manufacturer’s standard made of two-ply polyester reinforced continuous conductor belting with aluminum-reinforced neoprene cleats vulcanized on the belt. Cleats attached with neoprene hinges. 5. Headroll scraper with HDPE contact surfaces and retainer plate, loaded to keep belt cleats closed tightly around the headroll during operation. 6. Factory installed rinse bar system for each grit dewaterer, consisting of two top spray bars (one above the belt and one below the clarifier liquid level) and one tailroll spray bar (at the bottom of the clarifier). 7. For each grit dewaterer, provide one 3-inch, flanged, eccentric cast iron plug valve located on the flanged drain connection. C. Grit Dewaterer Belt Drive: 1. Grit dewaterer belt driven using an electric motor sized for the specified conditions and coupled to a shaft-mounted helical gear reducer. Provide anti- friction, ball, or roller type bearings. 2. Provide mechanical torque-limiting clutch mounted on the headroll gear assembly to prevent an accidental overload of the drive unit and belt. D. Rinse Water System Valves and Accessories: 1. Provide manufacturer’s standard valves and accessories as detailed in this section. 2. Each grit washer/grit dewaterer pair includes a complete, vendor-supplied rinse water system that includes the following valves and accessories: WRRF Headworks Capacity Expansion 46 23 63 - 8 Project No. 149129 August 2016 1.5-inch ball valve for rinse water supply shutoff (FNPT connection for a. connection to Contractor provided piping). ¼-inch FNPT tap or tee for rinse water pressure monitoring, including b. ¼-inch ball valve, diaphragm seal, and pressure gauge (0-100 psig) to monitor rinse water supply pressure. 1.5-inch solenoid valve with NEMA 4X electrical enclosure to c. automate Rinse water supply to the grit washer hydraulic valve 1.5-inch globe valve to regulate rinse water flow to the grit washer d. hydraulic valve. 1.5-inch flow meter (0–35 gpm) to monitor rinse water flow to the grit e. washer hydraulic valve. 1.5-inch solenoid valve with NEMA 4X electrical enclosure to f. automate rinse water supply for grit washer backwash water. ¼-inch FNPT tap or tee for monitoring rinse water pressure at g. backwash water supply, complete with ¼-inch ball valve, diaphragm seal, and pressure gauge (0-30 psig). 1-inch ball valve for rinse water supply shutoff to the grit dewaterer h. rinse system. 1-inch solenoid valve with NEMA 4X electrical enclosure to automate i. rinse water supply to the grit dewaterer rinse system ¾-inch ball valve for rinse water supply shutoff to the grit dewaterer j. top rinse bars 1-inch globe valve to regulate rinse water flow to the grit dewaterer k. tailroll spray bar 1-inch flow meter (2–20 gpm) to monitor rinse water flow to the grit l. dewaterer tailroll spray bar 3. Connection to the vendor-supplied rinse water system will be completed by the Contractor. 2.07 ELECTRIC MOTORS A. Serivce Requirements: 1. All equipment designed and built for industrial service and capable of delivering rated horsepower under the following conditions: 100 degrees F maximum ambient temperature. a. 100 percent relative humidity. b. Voltage variations to ±10 percent of nameplate rating. c. Frequency variations to ±5 percent of nameplate rating. d. Combined voltage and frequency variations to ±10 percent total, as e. long as frequency does not exceed ±5 percent. Area Exposure designated in paragraph 2.03. f. B. Motor Enclosures: 1. TEFC: Totally Enclosed, Fan Cooled, NEMA MG1.26.2, IEEE 841. C. Electrical Requirements: 1. Service factor for inverter duty motors: 1.0. WRRF Headworks Capacity Expansion 46 23 63 - 9 Project No. 149129 August 2016 2. Time rating: continuous in conformance with NEMA MG 1 10.35. 3. Torques: meet, or exceed, the locked rotor and breakdown torques specified for NEMA Design B. 4. Currents: locked rotor currents not to exceed NEMA Design B values. 5. Protection: current density and heating characteristics such that the motors will not burn out if subjected to a maximum 20-second stall at 6 times full- load current. 6. Rating: not allowed to operate at greater than nameplate horsepower. Use of the service factor is not allowed under conditions of rated voltage and frequency. 7. Insulation: non-hydroscopic insulation systems conforming to the requirements for NEMA Class B or higher. 8. Box: one size larger than standard. D. Mechanical Requirements: 1. Frame sizes: Conforming to latest NEMA Standard MG1-11.31 for "T" frames, and all dimensions meeting NEMA Standards insofar as they apply. 2. Shafts: In accordance with NEMA "T" or "TS" dimensions. a. Short shafts: Used for direct connection. b. Provisions for mounting of shaft grounding brushes on variable speed c. motors where required by this specification. 3. Connection diagrams: Permanently attached to the motor, either inside the box or on the motor frame, in a location readable from the box side. 4. Prime and finish coat per manufactuer’s standard. 5. Stainless steel bolts, screws, and other external hardware. E. Nameplates: 1. Engraved or stamped stainless steel. 2. Fastened to the motor frame with screws or drive pins of the same material. 3. Nameplates shall indicate clearly all the information items enumerated in NEMA MG1. 4. Coordinate the motor nameplate location so it is readily visible for inspection on the completed machine. F. TEFC Motors: 1. Class F insulation with Class B temperature rise. 2. Comply with the minimum nameplate efficiency in NEMA MG 1. Determine efficiency by the dynamometer test method, IEEE 112, Method B. 3. Internal surfaces coated with a corrosion-resistant epoxy paint. 4. Severe duty rated conforming to IEEE 841 guidelines. 5. Candidate Manufacturers: General Electric IEEE 841, X$D, Severe Duty a. Reliance Electric IEEE 841, XL, Severe Duty b. Approved Equal c. WRRF Headworks Capacity Expansion 46 23 63 - 10 Project No. 149129 August 2016 G. Inverter Duty Motors: 1. Motors for use with VFDs shall be inverter duty motors specifically designed for inverter service for the speed range and load torque characteristic required by the associated equipment. Motor manufacturer shall certify motor is compatible with the proposed VFDs and associated equipment. 2. Motors for use with VFDs shall not exceed NEMA MG 1, Class B temperature rise when operating over the specified speed range of the specified adjustable frequency controllers with the specified load speed/torque characteristic. 3. Inverter duty rated motors shall have constant torque speed range of 10:1. 4. Inverter duty rated motors designed to operate over the speed or frequency range specified. 5. Motor insulation designed to meet or exceed the 1600V peak at a minimum of 0.1 microsecond rise time per NEMA MG 1, Part 31. 6. Provide inverter duty motors with over-temperature protection. Motor over temperature protection for inverter duty motors shall be NEMA Type 2 as specified in NEMA MG 1-12, via bimetallic thermal switches (Klixons) embedded in the motor windings. 7. Inverter duty motors shall have electrically insulated bearings or be equipped with a shaft-grounding unit mounted on the fan housing with stub shaft extended from the motor shaft. The shaft-grounding unit shall be equipped with two brushes, totally enclosed, and sealed against environmental contamination. H. Accessories: 1. Connection Boxes Provided with threaded hubs. a. Provide neoprene gaskets at the base of the box and between the b. halves of the box. Provide a grounding lug within the box for a cable or raceway ground c. connection. Boxes designed to rotate in order to permit installation in any of four d. positions 90 degrees apart. Provide oversized boxes, a minimum of one size larger than standard. e. 2.08 VARIABLE FREQUENCY DRIVES A. Rockwell Automation PowerFlex 753 VFDs for use with inverter duty motors. No substitutions. 1. Provide with incoming line fused disconnect switch or motor circuit protector meeting VFD input device UL requirements. Provide with padlockable operating handle. 2. Conditioning: Provide 5 percent nominal reactance power input series line reactor for power conditioning. 3. Install VFD’s and series line reactors in Local Control Panel specified herein. 4. Components: Mount components on circuit cards or modules, which can be adjusted or replaced in the field without the use of special tools. WRRF Headworks Capacity Expansion 46 23 63 - 11 Project No. 149129 August 2016 B. Protection: Protect VFD against the following conditions: 1. Reverse phase sequence and single phasing of input power. 2. Input power failure. 3. Input transient voltages, including peak suppression and snubbers, in accordance with ANSI C37.90. 4. Transmission signal interference. 5. Output overcurrent. 6. Input overcurrent. 7. Motor over temperature. 8. Cabinet over temperature. 9. Under voltage: VFD shall automatically shut down if input voltage falls below preset limit with automatic restart upon return to a stable supply. 2.09 CONTROLS: A. General: 1. Each grit washer / grit dewaterer equipment combination will be provided with a separate wall mounted local control panel that will be installed in the same unclassified, corrosive, and wet area. The local control panels do not include controls for the grit pumps. 2. Provide completely pre-wired local control panel for each grit washer / grit dewaterer pair. Factory test all wiring between the local control panel and devices or components on the grit washer / dewaterer prior to shipment to the project site. The Contractor is responsible for installation of field wiring between each local control panel and the associated grit processing equipment. B. Instruments: 1. Provide each grit dewaterer with one motion sensor (SSL) installed on the side of the grit dewaterer takeup frame to detect movement of the headroll scraper arm. Provide NEMA 4X electrical enclosure for the motion sensor. 2. Other vendor-supplied instruments are associated with the rinse water system and are specified in paragraph 2.06-D. C. Local Control Panels: 1. Mount controls for each grit washer / grit dewaterer pair in a single 316SS NEMA 4X control panel enclosure with internal environment conditioning (heating and cooling) to maintain the enclosure internal temperature below 80% of the lowest temperature rating of any component in or on the panel or 40 to 120 deg. F. Enclosure houses the programmable relays, control devices, VFDs, line reactors, control power transformer, and individual disconnect device for the grit dewaterer VFD. 2. Provide physical separatation between 480 VAC power distribution and 120 VAC controls. Enclosure is to have two separate doors with power distribution within one section and controls within the other section. Use of touch-safe components in lieu of physical separation are not acceptable. 3. Each local control panel contains all timers, VFDs, switches, indicator lights, and other components necessary to operate the following equipment: WRRF Headworks Capacity Expansion 46 23 63 - 12 Project No. 149129 August 2016 One grit washer a. One grit dewaterer b. 4. Provide programmable relays factory programmed for the control specified and as required for grit removal system operation. 5. Provide each control panel with applicable control relays and time delay relays with a minimum one extra normally closed and one extra normally opened contact provided for each relay. 6. Provide relays with dry contacts rated for 3A at 120 VAC for remote monitoring by plant SCADA for the following items: System estop alarm a. Grit washer blowdown status b. Grit washer backwash water valve auto status c. Grit washer backwash water valve open status d. Grit washer supply valve auto status e. Grit washer supply valve open status f. Grit dewaterer running status g. Grit dewaterer auto status h. Grit dewaterer fail alarm i. Grit dewaterer rinse water valve auto status j. Grit dewaterer rinse water valve open status k. 7. Provide combination main disconnect switch and circuit breaker for each local control panel. Disconnect shall be flange mounted and accessable without the requirement of opening the enclosure door. 8. Provide door-mounted 30mm NEMA 4X indicating lights, with push to test, for each local control panel to indicate: Control power on a. Grit washer supply water valve open b. Grit washer backwash water valve open c. Grit washer blowdown d. Grit dewaterer running e. Grit dewaterer fail f. Grit dewaterer rinse water valve open g. 9. Include the following door-mounted selector switches for each local control panel: Grit washer supply water OPEN/CLOSE/AUTO a. Grit washer backwash water OPEN/CLOSE/AUTO b. Grit washer WET/DRY c. Grit dewaterer HAND/OFF/AUTO d. Grit dewaterer rinse water OPEN/CLOSE/AUTO e. Grit dewaterer belt speed LOCAL/AUTO f. 10. Include the following analog (4-20mA) signals for remote monitoring: Grit dewaterer drive speed (Hz) a. WRRF Headworks Capacity Expansion 46 23 63 - 13 Project No. 149129 August 2016 11. Include provisions for the following discrete (contact closure) control signals from SCADA: Grit system start/stop a. 12. Include provisions for receipt of the following analog (4-20mA) control signals from SCADA: Grit dewaterer belt speed setpoint (0-100%) a. 13. Include the following door-mounted push buttons for each local control panel: System emergency stop (ESTOP) a. System alarm reset b. Grit washer backwash start c. Grit dewaterer belt start d. Grit dewaterer belt stop e. 14. Provide door-mounted grit dewaterer belt manual speed potentiometer for each local control panel. 15. Provide legend plates on the door face of the control panel. Include a main legend plate on each enclosure that includes equipment name and enclosure equipment number. D. Control Description: 1. General: System controls enable automatic or manual operation, manual a. starting and stopping, and system shut down when a fault is detected. In automatic mode, the plant SCADA system sequences grit washer b. and grit dewaterer operations and coordinates operation with the grit pumps. 2. Local Manual: Local control is at each grit dewaterer local control panel and consists a. of the specified selector switches, push buttons, and grit dewaterer belt speed potentiometer. Grit washer controls: b. 1) Grit washer supply water OPEN/CLOSE/AUTO: opens, closes, or enables SCADA control of the grit washer supply water solenoid valve. 2) Grit washer backwash water OPEN/CLOSE/AUTO: opens, closes, or enables SCADA control of the grit washer backwash water solenoid valve. 3) Grit washer WET/DRY: WET selects wet weather operation mode and DRY selects dry weather operation mode. Wet and dry weather modes allow selection of adjustable preset intervals for grit washer backwash and blowdown sequences (for operational adjustment based on grit load to the plant). Initial preset intervals are as follows or as recommended by the vendor: WRRF Headworks Capacity Expansion 46 23 63 - 14 Project No. 149129 August 2016 a) Dry weather mode: initiate backwash after every 60 minutes of operation, initiate blowdown after every 4th backwash. b) Wet weather mode: initiate backwash after every 30 minutes of operation, initiate blowdown after every 2nd backwash. 4) Grit washer backwash start push button: initiates a manual backwash cycle when pressed. Backwash follows the programmed backwash sequence. Grit dewaterer controls: c. 1) Grit dewaterer HAND/OFF/AUTO: HAND starts the grit dewaterer belt, OFF stops the belt, and AUTO enables SCADA control. 2) Grit dewaterer rinse water OPEN/CLOSE/AUTO: opens, closes, or enables SCADA control of the grit dewaterer rinse water solenoid valve. 3) Grit dewaterer belt speed LOCAL/AUTO: LOCAL enables adjustment of the belt speed at the manual speed potentiometer and AUTO enables belt speed adjustment through SCADA. 4) Grit dewaterer manual speed potentiometer: allows local adjustment of the grit dewaterer belt speed setting, when in LOCAL. 5) Grit dewaterer belt start/stop push buttons: manually starts or stops the grit dewaterer belt. 3. Remote Automatic: When the grit washer supply valve switch is in AUTO, the valve is a. controlled by SCADA. When the grit washer backwash valve switch is in AUTO, the valve is controlled by SCADA. When the grit dewaterer switch is in AUTO, the belt is controlled by b. SCADA. When the grit dewaterer rinse valve switch is in AUTO, the valve is c. controlled by SCADA. When the grit dewaterer belt switch is in AUTO, the belt speed will be d. controlled to maintain the remote speed setpoint. 4. Interlocks: The following are hardwired interlocks active in Local and Remote a. Automatic control: 1) When the motion sensor fails to detect movement of the headroll scraper arm when the grit dewaterer belt is running, the grit dewaterer belt drive is shut down, the grit dewaterer fail light is illuminated, and a “GRIT DEWATERER FAIL ALARM” is sent to SCADA. The grit dewaterer must be manually reset via the system alarm reset push button at the local control panel in order to resume normal operation. 2) High grit dewaterer belt motor temperature shuts down the grit dewaterer belt drive, the grit dewaterer fail light is WRRF Headworks Capacity Expansion 46 23 63 - 15 Project No. 149129 August 2016 illuminated, and a “GRIT DEWATERER FAIL ALARM” is sent to SCADA. The grit dewaterer must be manually reset via the system fault reset push button at the local control panel in order to resume normal operation. 2.10 COATINGS A. Provide manufacturer’s standard prime and finish coatings. 2.11 SOURCE QUALITY CONTROL A. FACTORY TESTING: Assemble and inspect grit washers and grit dewaterers at the factory before being packed for shipping. The Owner reserves the right to be present during inspection and packing. Notify the Owner at least four weeks prior to the scheduled inspection and packing date. 1. Inspection includes the following minimum requirements: Verification of all materials used for construction. a. Dimensional check of all fabricated components. b. Quality assurance of all welds. c. PART 3–EXECUTION 3.01 INSTALLATION A. Grit washers and grit dewaterers will be installed by a Contractor hired by the Owner and installed in accordance with the vendor’s installation instructions, and in accordance with all OSHA, local, state, and federal codes and regulations. 3.02 FIELD QUALITY CONTROL A. General: Perform all testing for this product or system consistent with applicable codes, and the manufacturers’ current quality assurance program. B. Component Test Phase: None. C. System Test Phase: The Contractor will subject the grit removal system to the following field tests during the system test phase. 1. Fill the grit tank with clean water up to the level of the effluent weir. Fill the tank slowly following the manufacturer’s recommendations to avoid damaging the grit settler trays. 2. Close the raw influent slide gates and the screens influent slide gates to isolate the screens influent channel. Fill the screens influent channel, screens bypass channel, and grit influent channel with clean water. 3. Operate the grit pump, grit washer, and grit dewaterer with clean water to demonstrate that the system performs according to the control description specified in this Section. All water removed from the grit tank by the grit pump must drain to the screens influent channel via the overflows and drains on the grit washer and grit dewaterer. WRRF Headworks Capacity Expansion 46 23 63 - 16 Project No. 149129 August 2016 D. Operational Test Phase: Following the system test phase, the Contractor will perform the following tests as part of the operational test phase. 1. Normal Operation: see Section 46 23 23 for Normal Operation testing requirements for Grit Removal Equipment: 2. Final Dewatered Product Characterization: As part of the grit removal study specified in Section 46 23 23, collect grab samples of the final dewatered product discharged from each grit dewaterer. At the beginning of the two consectutive days of sampling around each grit settler, place a 32-gallon trash can or other similar bin below the discharge chute for the associated grit dewaterer to collect the dewatered product. Collect a grab sample of the dewatered product at the end of the two consecutive days of sampling around each grit settler. Send the two grab samples to a laboratory for analysis of total and volatile solids concentrations. Average total solids concentration for the two samples must meet or exceed the design requirement specified in paragraph 2.03-B, and average volatile solids concentration must be less than the design requirement specified in paragraph 2.03-B. E. Manufacturer Services: 1. On-Site Inspections and Training: Provide a factory-trained manufacturer’s representative at the Site for the following activities. Specified durations do not include travel time to or from the Site. Installation Inspections: Assist, supervise, and inspect the a. Contractor’s activities during installation of the grit washers and grit dewaterers. Provide a minimum of 16 inspection hours. Provide a completed Form 43 05 11-A, included with this specification. Controls Integration Inspection: Inspect and verify control system b. performance following completion of field wiring between the local control panels and the associated grit processing equipment components/devices. Identify and/or troubleshoot any controls performance issues. Correct any failed or non-conforming control system integration related to the components specified in this Section. Test Phase Inspections: Assist, supervise, and inspect the c. Contractor’s activities during component, system, and operational test phase activities. Provide a minimum of 20 inspection hours, coordinated with the test phase inspections for the grit settlers. Training Sessions: Provide a minimum of 4 hours classroom training d. for each training session. Conduct one training session. Certify completion of training on Form 43 05 11-B, included with this specification. Post Completion Training: Witihin one year of substantial completion e. of the grit processing unit installation provide a minimum of 4 hours of follow-up training to verify proper operation of the equipment and respond to operational issues identified subsequent to training during system testing and commissioning. WRRF Headworks Capacity Expansion 46 23 63 - 17 Project No. 149129 August 2016 26 05 84-A. MOTOR DATA FORM Equipment Name: Equipment No(s): Project Site Location: Nameplate Markings Mfr: Mfr Model: Frame: Horsepower: Volts: Phase: RPM: Service Factor: FLA: LRA: Frequency: Amb Temp Rating: ºC Time rating: Design Letter: (NEMA MG1-10.35) (NEMA MG-1.16) KVA Code Letter: Insulation Class: The following information is required for explosion-proof motors only: A. Approved by UL for installation in Class _____, Div _____, Group _____ B. UL frame temperature code ____ (NEC Tables 500-8B) The following information is required for all motors 1/2 horsepower and larger: A. Guaranteed minimum efficiency (Section 26 05 84-2.03) B. Nameplate or nominal efficiency Data Not Necessarily Marked on Nameplate Type of Enclosure: Enclosure Material: Temp Rise: ºC (NEMA MG1-12.41,42) Space Heater included?  Yes  No If Yes: Watts Volts Type of motor winding over-temperature protection, if specified: Provide information on other motor features specified: WRRF Headworks Capacity Expansion 46 23 63 - 18 Project No. 149129 August 2016 43 05 11-A. MANUFACTURER'S INSTALLATION CERTIFICATION FORM Contract No: Specification section: Equipment name: Contractor: Manufacturer of equipment item: The undersigned manufacturer of the equipment item described above hereby certifies that he has checked the installation of the equipment and that the equipment, as specified in the project manual, has been provided in accordance with the manufacturer's recommendations, and that the trial operation of the equipment item has been satisfactory. Comments: Manufacturer Contractor Signature of Authorized Representative Signature of Authorized Representative Date Date WRRF Headworks Capacity Expansion 46 23 63 - 19 Project No. 149129 August 2016 43 05 11-B. MANUFACTURER'S INSTRUCTION CERTIFICATION FORM Contract No: Specification Section: Equipment name: Contractor: Manufacturer of equipment item: The undersigned manufacturer certifies that a service engineer has instructed the wastewater treatment plant operating personnel in the proper maintenance and operation of the equipment designated herein. Operations Check List (check appropriate spaces) Start-up procedure reviewed Shutdown procedure reviewed Normal operation procedure reviewed Others: Maintenance Check List (check appropriate spaces) Described normal oil changes (frequency) Described special tools required Described normal items to be reviewed for wear Described preventive maintenance instructions Described greasing frequency Others: Manufacturer Signature of Contractor Representative Date Signature of Authorized Representative Date Signature of Authorized Representative Date 321 Public IDAH • TO: Keith Watts FROM: Emily Skoro Staff Engineer II DATE: 1/17/2017 Mayor Tammy de Weerd City Council Members® Keith Bird Joe Borton Whe Cavener Genesis Milam Anne Little Roberts Ty Palmer SUBJECT: TASK ORDER 10601.11— WRRF LIQUID STREAM CAPACITY EXPANSION PROJECT PROCESS CONTROL SOFTWARE INTEGRATION WITH C112M FOR A NOT -TO -EXCEED AMOUNT OF $642,355.00 PURSUANT TO THE MASTER AGREEMENT APPROVED BY CITY COUNCIL ON 9/22/2015. I. DEPARTMENT CONTACT PERSONS Emily Skoro, Staff Engineer II 489-0356 Clint Dolsby, Assistant City Engineer 489-0341 Warren Stewart, City Engineer 489-0350 Dale Bolthouse, Interim PW Director 985-1257 IL DESCRIPTION A. Background Council approved the final phase of the Liquid Stream Capacity Expansion design project in January of 2016. The project will ensure that the WRRF will meet future capacity demands as the City continues to grow, as well as completing the first phase of upgrades required to meet the new regulations set forth in the NPDES permit. Construction of this project is planned to commence in mid- January, 2017. Programming is a necessary component of this project to allow the equipment to function properly and allow operators to make adjustments to the system operations. B. Proposed Project CI -12M will provide process control software integration services for, but not limited to, 5 PLCs, 10 network switches, 19 VFD communication modules (CM), 33 smart overload CMs, blower package control system interface, and 5 HMI Page I of 3 computers. The software planning and programming is necessary for the operators to be able to control and run the liquid stream processes and equipment. III. IMPACT A. Fiscal Impacts The project is part of the WRRF Capacity Upgrades enhancement. The enhancement value is currently $44,479,699.00 for FY 15, 16, 17, 18, and 19. The enhancement value for FY17 is $11,335,000. Project Costs: ------------------------------------ Fiscal Year 2017 - - - - - ------------------:- --------------------------- -- ; Account Code J Codes ; ----------------------------------------------------------- ---- ---------------- Costs Construction Contract ------------------------------------------------------- ; 60-3590-96151 $9 500 000.00 Engineering Services During 60-3590-96151 - - ---.: $491,259.00 Construction ----------------------- Special Inspection --------------------------------------------------- ; 60-3590-96151 --------- $333- 107.00 Survey Staking ---- 60-3590-96151 $16,500.00 Programming _ _ _ _ _ _ - _ 60-3590-96151 $292,980.00 Total : $10,633,846.00 --------------- ------------------------------------------ Fiscal Year 2018 -------------------------------------------- ---------------- Construction Contract 60-3590-96151 $18 000 000.00 ------------- Engineering Services During ----------------------------------------- 60-3590-96151 -- - -- - , $587,- 569.00 Construction ------------------------------------------------------------ Programming ------------------------------- i 60-3590-96151$185,857.00 _., { PLC Hardware (estimated) 60-3590-96151 $325,000.00 -_---__- - --__- --------------------------- --------------- --- - -------- -_Total ------------------ $19,098,425.00 ------------ ----------------------- - Fiscal Year 2019 ------------------- - - - ---------------- Construction Contract - ---- --- --------------------------- - --------------------- 60-3590-96151 ----, $8,065,000.00 Engineering Services During -_-; - - -- - - 60-3590-96151 - $384,407.00 Construction --------------------- ----------------------------------- Programming ---------------- 60-3590-96151 ----------, $163' 518.00 Total --- ---------------- $8,612,925.00 - ------------------------------------------- ------------------------------------------------------ Total Project Cost i $38,345,196.00 Page 2 of 3 Available Project Funftg ,--- --------------------------- `----- ------------ ----------- --- ,------------------------------------ Fiscal Year --__----_—__---Fiaon}Year : Account Code /Codes I �----------------------------------|-----------------' |FY75 35g0-9h/5]� $44�60�00� .----'-----------.----------------'.----------------------------- . �/rY16 3590-46151 � 000.00� ----------------------------- ---------------------------------- ------------------------------------- �FYI 7 | 3500796151 :1 $1_1,_335_,000._00_: �—_--_____-------�—__-------_--_—_---__--.��/--__.� |FY18 3�40-g8l�l � $20,000,000.00 ^---------------^------------__.—_---_.-'--����c_ �j�}19 / 3540-g�l5l � 0V�'l0'! ----- ---------------------------- ---------- � Total : 099.00: B. Time Constraints Approval n[this contract is required for the Capacity Expansion Construction Project. Tfthis contract ianot approved, the construction projectmay not proceed. Without software planning and programming, the operators would not bcable to control and run the liquid stream processes and equipment. . �� Departmental Approval: -- - Page 3 of 3 CONTRACT CHECKLIST Date:REQUESTING DEPARTMENT Project Name: Project Manager:Contract Amount: Contractor/Consultant/Design Engineer: Is this a change order?Yes No Change Order No. Fund:Budget Available (Purchasing attach report): Department Yes No Construction GL Account FY Budget:Task Order Project Number:Enhancement:Yes No Professional Service Equipment Will the project cross fiscal years?Yes No Grant Grant #:Wage Determination Received Wage Verification 10 Days prior to bid due date Debarment Status (Federal Funded) Print and Attach the determination Print, attach and amend bid by addendum (if changed)www.sam.gov Print and attach Master Agreement Category (Bid Results Attached)Yes No (Ratings Attached)Yes No Date MSA Roster Approved: Typical Award Yes No If no please state circumstances and conclusion: Date Award Posted: 7 day protest period ends: PW License Expiration Date:Corporation Status Insurance Certificates Received (Date):Expiration Date: Rating: Payment and Performance Bonds Received (Date):Rating: N/A Builders Risk Ins. Req'd:Yes No (Only applicabale for projects above $1,000,000) Reason Consultant Selected 1 Performance on past projects Check all that apply Quality of work On Budget On Time Accuracy of Construction Est 2 Qualified Personnel 3 Availability of personnel 4 Local of personnel Description of negotiation process and fee evaluation: Date Submitted to Clerk for Agenda:By: Purchase Order No.:Date Issued: WH5 submitted (Only for PW Construction Projects) NTP Date: Contract Request Checklist.5.24.2016.Final $642,355Emily Skoro If yes, has policy been purchased? Jeff Hodson/CH2M III. Contract TypeII. BUDGET INFORMATION (Project Manager to Complete) 60 3590 96151 10604 TASK ORDER 7A RFP / RFQBID VII. TASK ORDER SELECTION (Project Manager to Complete) Operations, Engineering, and B&C all reviewed the scope of work and pricing which all groups approved. Engineering also looked at the cost percentage which is approximately 1.81% of the total construction costs. That percentage was compared to programming costs for the UV and Fermentation projects which were 3.37% and 6.8%. The Capacity Expansion programming cost percentage is inline with the other projects. N/A Award based on Low Bid Highest Ranked Vendor Selected VIII. AWARD INFORMATION Approval Date Enter Supervisor Name Date Approved 2/7/2017 February 2, 2017 February 7, 2017 17-0198 February 7, 2017 N/A I. PROJECT INFORMATION N/A $11,335,000 1/9/2017 Public Works WRRF Liquid Stream Capacity Expansion V. BASIS OF AWARD N/A N/A IV. GRANT INFORMATION - to be completed only on Grant funded projects VI. CONTRACTOR / CONSULTANT REQUIRED INFORMATION Split between 3 fiscal years $292,980 FY17 $185,856 FY18 $163,518 FY19 9/22/2015 N/A N/A N/A N/A GoodstandingN/A N/A INAHil CITY OF MERIDIAI{ 33 EAST BROADWAYAVE. MERIDIAN, ID 83642 (208) 888-4433 Vendor Address: CH2M HILL ENGINEERS, INC PO BOX 20186s DALLAS, TX 75320.1869 Purchase Order Attention: Emily Skoro 2t7 t2017 Contractor Destination Pre-Paid 17 -01 98 Billing Address: Shipping Address: Shipping Method: FOB: Attn: Finance 33 E Broadway Ave Meridian, lD 83642 City of Meridian Wastewater 3401 N. Ten Mile Meridian, lD 83646 Description Quantity Unit Price Total FY1 7 Funding for Task Order 10601 .H Cap. Exp. Process Controi Software.Dollar 292980.00 1.00 292,980.00 Purchase Order Total:$292,980.00 Purchasing Special lnstructions Task Order 10601.H WRR| Liq. Stream Cap. Exp. Process Control Software lntegration. Task Order approved by Council 21712017 - Not-To-Exceed $642,355. Cost to be paid in 3 fiscalyears $292,980 in FY17, $185,856 in Fy1'8 anO $t'63,Stg in fytg. 3590-96151 Unit TASK ORDER NO. 10601.H Pursuant to the MASTER AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN CITY OF MERIDIAN (OWNER) AND CH2M HILL ENGINEERS, INC. (ENGINEER) This Task Order is made this 7th day of February 2017 and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "City", and accepted by CH2M Hill Engineers, Inc., hereinafter referred to as "Engineer" pursuant to the mutual promises, covenant and conditions contained in the Master Agreement (Category 7a) between the above mentioned parties dated October 1, 2015. The Project Name for this Task Order is as follows: WRRF LIQUID STREAM CAPACITY EXPANSION - PROCESS CONTROL SOFTWARE INTEGRATION PROJECT UNDERSTANDING The following Scope of Work describes the services that will be provided by the System Programmer to complete the Process Control Software Integration as described in the conformed documents for the City of Meridian Wastewater Resource Recovery Facility Liquid Stream Capacity Expansion project number 148154 dated August 26, 2016, completed by Brown and Caldwell hereinafter referred to as "Engineer". The software integration services for the following equipment will be performed under this single task order: a 5 Programmable Logic Controllers (PLC) • 10 network switches • 19 Variable Frequency Drive (VFD) Communication Modules • 66 Smart Overload Communication Modules • Blower Package Control System Interface • 5 Human Machine Interface Computers (HMI) • Existing Wonderware System Platform HMI and Historian • Existing Win911 Alarm Notification Software Task Order 10601.A WRRF Liquid Stream Capacity Expansion Process Control Software Integration Page 1 of 49 CH2M Hill Engineers, Inc. SCOPE OF WORK Work Approach System Programmer will complete the work in a phased approach. Phase 1 Software Planning: will include meetings with the Owner, Engineer, Contractor and Package System Vendors to coordinate project schedule, control sequences, PLC code development, HMI graphics development, testing procedures, and testing coordination. Phase 2 Software Development: will include PLC and HMI development, unwitnessed software test, witnessed software factory acceptance test, panel builder factory acceptance test and the blower package system factory acceptance test. Phase 3 Software Implementation: will include onsite loop testing, functional testing, closed loop testing, and system acceptance test as described in section 25 08 00. This phase will also include training and final tuning. Task 1 Project Management The purpose of this task is to manage, coordinate and lead System Programmer activities and perform administration of the project execution and quality reviews. System Programmer will provide the resources necessary for project initiation and management throughout the project. Activities include contract administration, project accounting, Health & Safety Plan preparation, project documentation, monitoring progress, change management, periodic invoicing, and closeout and archiving. The effort associated with these functions is based on a 130 week duration from Owner -issued notice -to -proceed for completion of the tasks described herein. Change Management Request for Change (RFC): Changes made by the Engineer, Owner, or Contractor to the City of Meridian Wastewater Resource Recovery Facility Liquid Stream Capacity Expansion project Conformed Contract Drawings and Specifications that impact this scope of work and or schedule will be submitted as an RFC by the Owner to the System Programmer prior to implementing the change. The System Programmer shall review the RFC and submit a response including cost and schedule impacts. The System Programmer may begin working on the change once terms are agreed upon and authorization is received from the Owner. System Programmer Change Proposal (CP): If the System Programmer wants to propose an alternate solution to the Conformed Contract Drawings and Specifications or to suggest a change to the Contract, it will be done using a CP form. The System Programmer will provide information describing the change and the cost or credit being proposed and the schedule impacts. If a CP is accepted, or partially accepted by the Owner, the Owner will issue an RFC authorizing the change. Request for Information (RFI): The System Programmer may request interpretation or clarification of the Conformed Contract Drawings and Specifications or the 1/0 list during the construction of the project. Either the Owner, Engineer, Contractor, or System Programmer may request additional information from one of the other parties. The request section of the form will be filled out by the party initiating the request. It will be sent to the Engineer. The Task Order 10601.A WRRF Liquid Stream Capacity Expansion Process Control Software Integration Page 2 of 49 CH2M Hill Engineers, Inc. Engineer will distribute it to the appropriate party for a written response. The written response will be returned to the Engineer who will distribute copies. If the response to an RFI causes a change to this Contract, the Owner shall be notified. If the Engineer and Owner concur, Owner will issue an RFC to the System Programmer. See sample forms in Appendix A. Deliverables • Completed RFC forms. • Completed CP forms. • Completed RFI forms. • Monthly invoices and progress reports. • Monthly schedule updates. Task 2 Construction Support Services The purpose of this task is to coordinate construction schedules and equipment submittals with the Contractor and Owner in order to provide successful integration of the control system software. • Participate in Pre -Construction meeting with Owner and Contractor (2 people at 8 hours each) • Review Contractor's preliminary construction schedule (2 people at 2 hours each) • Review 25 associated Contractor submittal packages and provide review responses. Up to four submittals/re-submittals assumed (up to a total of 175 hours). 0 01 32 00, Construction Progress Documentation 0 01 75 00, Testing, Training, and Commissioning 0 01 79 00, Demonstration and Training 0 25 06 30, Schedules for Integrated Automation Instrumentation and Terminal Devices 0 25 06 30.85, Schedule 0 25 08 00, Commissioning of Integrated Automation 0 25 99 00, Integrated Automation Control Sequences for Process Systems 0 25 99 15, Control Sequences 0 26 08 00, Commissioning of Electrical Systems 0 26 24 19, Low Voltage Motor Control 0 26 24 22, Medium Voltage Motor Control Task Order 10601.A WRRF Liquid Stream Capacity Expansion Process Control Software Integration Page 3 of 49 CH2M Hill Engineers, Inc. 0 26 29 23, Low Voltage Adjustable Frequency Drives 0 40 06 20.13, Power Actuated Valve and Gate Schedule for Process Services 0 40 29 04, Motorized Actuators 0 40 90 00, Instrumentation and Control for Process Systems. 0 40 91 00, Primary Process Measurement Devices, (includes all 40 91 subsections) 0 40 94 43, Programmable Logic Controllers 0 40 94 53, Package Process Control Systems 0 40 95 00, Process Control Hardware 0 40 95 13, Process Control Panels and Hardware 0 40 95 23, Process Control 10 Modules 0 40 95 33, Process Control Networks 0 40 95 43, Process Control Hardware Interfaces 0 40 95 53, Process Control Switches 0 43 11 20, Single Stage Integrally Geared Centrifugal Blowers • Review associated requests for information (RFIs) and provide responses. Up to ten RFI responses assumed (up to a total of 30 hours). • Incidental coordination with Contractor (average 4 hours per month in accordance with Milestone Schedule below.) Deliverables • Submittal review comments. • RFI responses. Task 3 Software Planning (Phase 1) The purpose of this task is to coordinate planning activities with the Engineer, Owner and Contractor in order to define roles and responsibilities. Workshops are included to allow System Programmer, Owner and Engineer to review the control sequences, and to further define the details of the control sequences prior to beginning software development. • System Programmer Kickoff Meeting o Schedule and lead one 2 -hour workshop at the project site. ■ Review procedures for exchanging information with Owner, Engineer, Contractor, System Integrator, and Package System Vendors including: Task Order 10601.A WRRF Liquid Stream Capacity Expansion Process Control Software Integration Page 4 of 49 CH2M Hill Engineers, Inc. C Contractor Submittals d System Programmer Submittals • Contractor RFIs • 1/0 Interface Summaries (spreadsheet maintained and submitted by Contractor per 25 08 00 2.02D) • Test Plans (maintained and submitted by Contractor per 25 08 00 1.01B) • Control Sequences (maintained and submitted by Contractor per 25 08 00 2.02C) Training Plans (maintained and submitted by Contractor per 01 75 00 1.04C) ■ Review Construction Schedule and determine update frequency. o Reference Sections ■ 01 75 00, Testing, Training, and Commissioning ■ 25 08 00, Commissioning of Integrated Automation ■ 25 99 00, Integrated Automation Control Sequences ■ 25 99 15, Control Sequences ■ 40 90 00, Instrumentation and Control for Process Systems ■ 40 94 53, Package Control Systems ■ 40 95 33, Fiber Optic Process Control Networks • Control Sequences o Lead one 4 -hour Preliminary Control Sequence Workshop for each PLC (total of 5 workshops) at the project site with Owner staff and Engineer to review the control sequences as described in sections 25 99 00 and 25 99 15 and to further define the details of the control sequences necessary for programming. Notes from these workshops will be used by the Contractor to update the Control Sequence document. Revised Control Sequences to be approved by Engineer and Owner. Once revised, the System Programmer will assess the quantity and level of changes resulting from the Preliminary Control Sequence Workshops and submit Change Proposal forms if needed prior to developing preliminary code and prior to scheduling Final Control Sequence Workshops. System Programmer will follow the intent of the written control sequences through the use of the City's current software programming standards, while not requiring Requests for Change to transpose into the current standard. Task Order 10601.A WRRF Liquid Stream Capacity Expansion Process Control Software Integration Page 5 of 49 CH2M Hill Engineers, Inc. o Lead one 1 -hour Final Control Sequence Workshop for each PLC (total of 5 workshops) at the project site with Owner staff and Engineer to review and finalize the control sequences. Workshop to include review of preliminary process graphics and custom control pop-up graphics. Notes from these workshops will be used by the Contractor to update the Control Sequences document. Revised Control Sequences to be approved by Engineer and Owner. Once revised, the System Programmer will assess the quantity and level of changes resulting from the Final Control Sequence Workshops and submit Change Proposal forms if needed prior to proceeding with task 4. o All Control Sequence document edits to be completed by the Contractor and approved by the Engineer and Owner. • Fire Alarm Panel coordination o Lead one 2 -hour meeting (held via video conference) with Contractor and fire alarm panel vendor to discuss communication between fire alarm panel (programming and testing by vendor) and SCADA system via network. Deliverables • Meeting minutes from System Programmer Kickoff meeting. • Preliminary control sequences workshops 1-5 notes. • Final control sequences workshops 1-5 notes. • Up to 20 preliminary process graphics. • Up to 10 preliminary custom control pop-up graphics. Task 4 Software Development (Phase 2) The purpose of this task is to complete the programming of the control system, demonstrate the software functions to the Owner and Engineer, and to integrate the blower vendor package control system software into the Plant control system. 4.1 System Programmer will provide the following services for each of the 5 subsystems listed in Table 2: • PLC and HMI programming based on the results of the final Control Sequences workshops. o Up to 10 process graphics per subsystem, no more than 50 total. o Up to 3 custom control pop-up graphics per subsystem, no more than 15 total. o Modify Navigation graphic, Site plan graphic, and control network graphic. o Modify up to 5 existing Wonderware Intouch graphics that are affected by the process modifications. • Win911 Programming Task Order 10601.A WRRF Liquid Stream Capacity Expansion Process Control Software Integration Page 6 of 49 CH21VI Hill Engineers, Inc. o Modify existing Win911 software for up to 500 dial -out alarms associated with the project. System Programmer will create alarm list based on final Control Sequences for Owner assignment of dial -out alarms. Historian configuration in accordance with Owner standard system platform templates. • Programming to accommodate status signals from new fire alarm panels. • Maintain redline electronic copies of Control Sequences throughout the development and implementation phases of the project. Submit weekly edits to Owner and Engineer for approval. (Note: Contractor to maintain master copy of Control Sequences and formal change log). • Unwitnessed software demonstration test to confirm that the PLC and HMI programs are ready for the Factory Acceptance Test (FAT). • FAT o Develop FAT software test forms and submit for Owner approval. o Participate in FAT in coordination with the Contractor and System Integrator as specified in Section 25 08 00 3.02. The software portion of the FAT will be conducted by System Programmer for demonstration to Owner and Engineer that the software functions operate as defined in the current control sequences document. o The total effort for PLC panels FAT includes up to 5 person days (1 person for 5 days) at the panel builder's shop to test the panels. Once the FAT is completed successfully a separate software FAT will be schedule and includes up to 10 person days (2 people for 5 days) to demonstrate the software functions. • Documentation o Develop a software user's guide to instruct operators how to use the control system graphics for system operation. Includes screen shots of the new and revised HMI graphics, written operating instructions, electronic copy of the final control sequences document, and PDF copy of the final test documentation. Guide will match detail and style of user's guide developed for the Fermentation project. o Develop an electronic online help system using the software user's guide including graphical conventions, symbols, icons, colors, navigation, login/logoff procedure, functional descriptions and display images. Topics will be dynamically linked with the table of contents. Online help will be called from a button within the graphical operator interface. 4.2 System Programmer will provide the following services in coordination with blower system vendor: • Attend vendor -led Application Software Development Workshop teleconference and/or live meeting up to 8 hours total. Task Order 10601.A WRRF Liquid Stream Capacity Expansion Process Control Software Integration Page 7 of 49 CH21VI Hill Engineers, Inc. • Coordinate with the Owner and vendor as specified in Section 40 94 53 1.02.B.3. This includes up to 24 hours of teleconferences to provide integration of Blower Package Process Control System with the Plant Control System. • Develop HMI graphics for the Plant Control System that parallels the vendor HMI graphics as specified in Section 40 94 53 2.01.8.1. Note: this will require vendor to provide an electronic copy of their package system PLC and HMI code as a reference for developing the Plant control system HMI graphics 30 days prior to vendor FAT. • Attend vendor FAT as specified in Section 40 94 53 1.02.D at the vendor's test facility. Demonstrate required interface between vendor -supplied package process control system and the Plant control system. o The total effort for Blower System FAT includes up to 5 person days (1 person for 4 days plus travel). Deliverables • Process graphics for approval • Custom popup control graphics for approval • Preliminary software users guide • Software FAT test forms • Software FAT results • Blower Software FAT results Task 5 Software Implementation (Phase 3a) The purpose of this task is to install the Plant control system software additions, provide required testing, provide Owner training, and to complete the system startup and tuning. 5.1 System Programmer will assist the Contractor with fiber optic network testing as specified in section 40 95 33 3.02.B following the Contractors prerequisite fiber testing. • Provide temporary SCADA software on laptop to test new fiber optic network independent of the existing plant fiber network. • Once new fiber optic network is patched into the existing plant fiber network, confirm that all existing and new network communications are functioning correctly. 5.2 System Programmer will provide the following services for each of the 5 subsystems listed in Table 2: • HMI software installation and configuration. • SCADA network switch configuration (5 switches). • 10 network switch configuration (5 switches). • Variable frequency drive (VFD) Ethernet communication configuration (19 VFDs). Task Order 10601.A WRRF Liquid Stream Capacity Expansion Process Control Software Integration Page 8 of 49 CH2M Hill Engineers, Inc. • Smart motor overload Ethernet communication configuration (66 Smart OL's). • Testing of inputs from fire alarm panels at SCADA system. • Network switch communication failure testing: network node failure testing to verify that network alarming is confirmed when a loss of communication occurs. • Testing o Prior to beginning each test phase, System Programmer will review Contractor test result submittals of each required prerequisite test to confirm systems are ready for System Programmer testing. System Programmer testing to commence no less than 2 weeks following review and approval of prerequisite test result submittals. o Upon completing each test phase, System Programmer will submit test results for Owner and Engineer approval and signature. o Component Test Phase ■ Loop Testing as described in Section 25 08 00 3.03.G in collaboration with Contractor. Test each instrument loop as an integrated system from the field instrument to the HMI. • Local 1/0: 320 D1, 37 DO, 179 Al, 39 AO. • Network 1/0: 402 D1, 68 DO, 101 Al, 16 AO. • 2 persons, 4 days each per PLC (40 person -days total) o System Test Phase (plant water) ■ Process Control Strategy/Functional Testing as described in Section 25 08 00 3.04.6 including debugging PLC control logic, exercising control strategies, verifying alarming functions and verifying interlocks. • 1 person, 5 days each per PLC (25 person -days total) Control System Closed Loop Testing as described in Section 25 08 00 3.04.0 including PID loop tuning, batch controls • 1 person, 2 days each per PLC (10 person -days total) Task Order 10601.A WRRF Liquid Stream Capacity Expansion Process Control Software Integration Page 9 of 49 CH2M Hill Engineers, Inc. o Operational Test Phase (process fluids) ■ Perform System Acceptance Test (SAT) as described in Section 25 08 00 3.05A. • Each component of the system operates correctly with all other components of the system. • Analog control loops operate in a stable manner. • Hardwired and software equipment interlocks perform correctly. • Process control sequences perform correctly. • PLC application program performs monitoring and control functions correctly. • Operator interface graphics represent the monitoring and control functions correctly. • Up to 30 hours per PLC. o Final Tuning ■ Final tuning adjustments of all PID loops, timing sequences, and alarm setpoints. ■ Up to 16 hours per PLC. • Training o Classroom training onsite following System Test Phase, prior to Operational Test Phase, two 2 -hour sessions per PLC (up to 20 hours total). o Live control room training using Plant HMI and functional PLCs, operating with plant water. Two 2 -hour sessions per PLC (up to 20 hours total). Deliverables • Software test documentation forms for signature by an Owner representative authorized to witness and approve successful test completion. o Fiber optic software test results o Component test results o System test results o SAT test results • Monthly redlined electronic copy of Control Sequences document to be submitted to Owner, ENGINEER, and Contractor including edits as a result of Task 6. Note: Contractor to maintain and submit master version of control sequences as specified in section 25 99 00 1.01.A.5 including as built version. Task Order 10601.A WRRF Liquid Stream Capacity Expansion Process Control Software Integration Page 10 of 49 CH2M Hill Engineers, Inc. • Final electronic copy of IP address list. • Updated Wonderware HMI application. • Updated Wonderware Historian tag database export. • Updated Wonderware DAServer configuration export. • Final PLC programs. • Final Win911 program. • Final Software Users Guide including edits as a result of Task 6. Task 6 Software Implementation, Blower Package Interface (Phase 3b) The purpose of this task is to install the Plant control system software additions required for integrating the blower vendor package control system. It includes coordination with the Contractor and Blower Vendor for testing and commissioning. System Programmer will provide the following services in coordination with blower system vendor: • Testing o Prior to beginning each test phase, System Programmer will review Contractor test result submittals of each required prerequisite test to confirm systems are ready for System Programmer testing. System Programmer testing to commence no less than 2 weeks following review and approval of prerequisite test result submittals. o Upon completing each test phase, System Programmer will submit test results for Owner and Engineer approval and signature. o Component Test Phase ■ Loop Testing of 1/0 listed in Table 3 as described in Section 40 95 53.3.04.13 in collaboration with Contractor. Confirm the status of each field device is displayed at the plant HMI correctly (Up to 40 hours). o System Test Phase ■ Verify all interface points, setpoint entry, operator control adjustments and alarm functions with the package control system (Up to 24 hours). Task Order 10601.A WRRF Liquid Stream Capacity Expansion Process Control Software Integration Page 11 of 49 CH2M Hill Engineers, Inc. • Commissioning o Provide assistance to Owner for debugging of plant control system interface with the package control system (Up to 16 hours). Deliverables • Software test documentation forms for signature by an Owner representative authorized to witness and approve successful test completion. ASSUMPTIONS • Because of System Programmer's experience and understanding of Owner's plant control system and programming standards, Section 40 98 00, Process Control Software is replaced in entirety by this scope of work. • Any software licenses required for this project are supplied by others and are not included in this scope of work. • Control functionality is based on the conformed specifications. o Any functionality changes proposed during workshops will be reviewed and approved by the Engineer and Owner for functionality, schedule and budget impacts before proceeding with detailed PLC and HMI programming. o Any functionality changes proposed during Software Development, FAT, or Implementation will be reviewed and approved by the Engineer and Owner for functionality, schedule and budget impacts before implementing the change. o Any functionality changes that require modification to field equipment or the construction of field equipment shall be processed with the Contractor through the Contract Modification Procedures by the Engineer or Owner as required prior to implementing the functionality change, unless directed otherwise by the Engineer and Owner. • PLC and HMI programming for this project will be done remotely from the site, primarily in CH2M Corvallis and Boise offices. • PLC 1/0 to be programmed and tested is based on the Owner furnished 1/0 list. See Table 3. Engineer, Contractor, or Owner changes to the 1/0 list shall be issued as an RFC. System Programmer shall have no less than 30 working days prior to FAT to implement each change or as agreed to in the RFC response. • System Programmer to use the Owner standard Allen Bradley ControlLogix version 24 and Wonderware Archestra system platform version 2014. • PLC programming effort is based on using the System Programmer's existing add-on instructions (AOIs) similar to those used on the Post Aeration PLC Upgrade project. • HMI programming effort is based on using the Owner's existing Archestra object templates similar to those used on the Post Aeration PLC Upgrade project. Task Order 10601.A WRRF Liquid Stream Capacity Expansion Process Control Software Integration Page 12 of 49 CH2M Hill Engineers, Inc. • PLC and HMI tagging format will be based on tags listed in Table 3. • Owner will use tags in Table 3 for entering and assigning tags within the Plant Maintenance Management System (Hansen). Owner modification of tags to be completed prior to the software planning phase of the project. • New HMI graphics will be developed using Wonderware System Platform Objects similar to those used on the Post Aeration PLC Upgrade project. • Win911 modifications will add up to 500 new alarms based on new PLC programs. • Onsite software testing will not begin until preliminary equipment testing has been successfully completed by the Contractor and authorization to proceed is issued to System Programmer. Preliminary testing means that all wiring is complete and tested, field instrumentation is calibrated and operational, phase rotation has been confirmed on all 3-phase powered rotating machinery, all required manufacturer's startup service is complete (including receipt of Manufacturer's Certificate of Proper Installation, where required by specification), and local manual control of all equipment has been confirmed. • It is assumed that all travel for Factory Acceptance Test will occur within the continental United States. • Test results signed by Owner and Engineer are confirmation that testing has been completed successfully. Repeat of tests following sign off or additional testing beyond what is described in this scope are not included and will be resolved using contract modification procedures described in Task 1. • Test delays or interruptions due to Contractor, Engineer, Owners or vendors work are not included and will be resolved using contract modification procedures described in Task 1. • Failed tests resulting from Engineer errors, Contractor errors, equipment problems or issues outside the control of the System Programmer will be submitted by the System Programmer to the Owner for resolution by the associated parties. Impacts to programming will be resolved using contract modification procedures described in Task 1. • System Programmer is not accountable for errors and omissions in the construction contract documents. Impacts to programming will be resolved using contract modification procedures described in Task 1. • Contractor staff will be available for coordination and assistance with field equipment during software testing. • System Programmer will use software test documentation forms for signature by an authorized Owner representative (similar to those used for previous work executed at the WWRF by System Programmer). • Milestone schedule is based on the Brown & Caldwell 90% Design Construction Schedule dated 30 -Jun -16 (most current at time of this proposal). Task Order 10601.A WRRF Liquid Stream Capacity Expansion Process Control Software Integration Page 13 of 49 CH2M Hill Engineers, Inc. • Temporary controls described in Section 01 50 00, or 01 57 28 are by others and are not included in this scope of work. • Installation, testing and configuration of HVAC systems, networked telephone systems, distributed antenna system, and fire and alarm systems are by others and not included in this scope of work. • Blower vendor will provide an electronic copy of their approved for construction/startup package system PLC and HMI code as a reference for developing the Plant control system HMI graphics 30 days prior to vendor FAT. • Owner spare PLC, chassis, power supply and Ethernet module will be used for the Blower FAT interface test. • Contractor RFIs associated with System Programmer tasks will be reviewed by System Programmer prior to Engineer issuing a response to the Contractor. • Fire alarm vendor will complete all necessary fire alarm programming and testing on the fire alarm panel. It is assumed that fire alarm panels will be monitored by SCADA via the network. TIME OF COMPLETION and COMPENSATION SCHEDULE The following schedule is based on a Notice to Proceed (NTP) from the City by February 2017 and resulting in Final Design being completed by July 2019 A NTP issued on a different date will change the schedule accordingly. COMPENSATION AND COMPLETION SCHEDULE Task Description Due Date Compensation 1 Project Management ■ 1/2/17 — 6/30/19 ■ $43,410 (labor) 2 Construction Support Services ■ 1/2/17 — 6/30/19 ■ $90,662 (labor) ■ $703 (expense) Travel 3 Software Planning (Phase 1) ■ 1/2/17 — 5/31/17 ■ $47,005 (labor) ■ $5,181 (expense) Travel 4 Software Development (Phase 2) ■ 2/1/17-11/1/17 ■ $214,749 (labor) ■ $5,717 (expense) Travel 5 Software Implementation (Phase 3a) ■ 11/1/17 — 6/30/2019 ■ $181,633 (labor) ■ $33,155 (expense) Travel 6 software Implementation for Blower Package Interface (Phase 3b) 12/1/18 —1/23/19$18,144 (labor) 1 ■ $1,996 (expense) Travel TASK ORDER TOTAL: $642,355.00 The Not -To -Exceed amount to complete all services listed above for this Task Order is six hundred forty two thousand, three hundred fifty five dollars ($642,355.00). No compensation will be paid over the Not -to -Exceed amount without prior written approval by the City in the form of a Change Order. Any and all travel will only be reimbursed if pre -approved by the Project Task Order 10601.A WRRF Liquid Stream Capacity Expansion Process Control Software Integration Page 14 of 49 CH2M Hill Engineers, Inc. Manager, and only per the City of Meridian Travel Policy. Reimbursable expenses will be paid at cost and only if pre -approved by the Project Manager. Any travel and/or reimbursables paid will be paid as part of the Not -To -Exceed Task Order Total per the Compensation and Completion Schedule above. FUNDING SCHEDULE Funding for this project will be split between three fiscal years, 2017 (Oct. 2016 — Sept. 2017) $292,980.00, 2018 (Oct. 2017 — Sept. 2018) estimated at $185,856.00 and 2019 (Oct. 2018 — Sept. 2019) estimated at $163,518.00. The amounts estimated beyond the 2017 fiscal year have not yet been appropriated by the City. Contractor may NOT expend more than the amount specified and approved for a specific fiscal year. Any and all additional expenditures beyond the current fiscal year MUST be approved by City Council and memorialized by a written amendment or change order to this Agreement. CITY OF MERIDIAN BY: TAMMY DE WEERD, Mayor Dated: Approved by Council: Attest: CJ COLES, CITY CLERK Purchasing Department pproval BY: KEITH S, Purchasing Manager Dated:_�Z3// 7 City Project Manager: Emily Skoro CH2M HILL EN S, INC. BY: MARK BOWEN Dated: Depaent Apr I BY: WARIRE]N-STEWART, City Engineer Dated: Task Order 10601.A WRRF Liquid Stream Capacity Expansion Process Control Software Integration Page 15 of 49 CH21VI Hill Engineers, Inc. Manager, and only per the City of Meridian Travel Policy. Reimbursable expenses will be paid at cost and only if pre -approved by the Project Manager. Any travel and/or reimbursables paid will be paid as part of the Not -To -Exceed Task Order Total per the Compensation and Completion Schedule above. FUNDING SCHEDULE Funding for this project will be split between three fiscal years, 2017 (Oct. 2016 — Sept. 2017) $292,980.00, 2018 (Oct. 2017 — Sept. 2018) estimated at $185,856.00 and 2019 (Oct. 2018 -- Sept. 2019) estimated at $163,518.00. The amounts estimated beyond the 2017 fiscal year have not yet been appropriated by the City. Contractor may NOT expend more than the amount specified and approved for a specific fiscal year. Any and all additional expenditures beyond the current fiscal year MUST be approved by City Council and memorialized by a written amendment or change order to this Agreement. CITY OF MERIDIAN TAM E D Mayor Dated: a/ -71 l 7 Approved by Council:2Z 7/ X Attest: CJ COL S, CI CLERK Purchasing Department pproval BY: KEITH WATTS, Purchasing Manager Dated:, 3 / City Project Manager: Emily Skoro CH2M HILL EN S, INC. BY: - MARK BOWEN Dated: Dated: Task Order 10601.A WRRF Liquid Stream Capacity Expansion Process Control Software Integration Page 15 of 49 CH2M Hill Engineers, Inc. Detailed Milestone Schedule PLANNING (Tasks 2 and 3) Notice to Proceed: February 2017 Contractor Preconstruction Meeting February 2017 System Programmer Kickoff Meeting February 2017 Control Sequences Review Workshops 1-4 February 2017 Control Sequences Finalize Workshops 1-4 March 2017 DEVELOPMENT (Task 4) Software Development February - September 2017 Blower Factory Acceptance Test June 2017 PLC Panel Factory Acceptance Test October 2017 IMPLEMENTATION (Tasks 5 and 6) Primary Clarifier 5 and 6 November 2017 Secondary Clarifier 6 January 2018 Aeration Basin 5-8 March 2018 Secondary Clarifier 7 June 2018 RAS/WAS Pump Station September 2018 RAS Transfer Pump Station October 2018 Primary Sludge Pump Station December 2018 Blower Building January 2019 Chemical Storage January 2019 Integrated System Startup (seeding) January 2019 Training January 2019 Commissioning Period March - May 2019 Final Completion June 2019 Task Order 10601.A WRRF Liquid Stream Capacity Expansion Process Control Software Integration Page 16 of 49 CH2M Hill Engineers, Inc. TABLE 2: Subsystem Details Chemical Feed Building 2 The subsystem consists of: 1. PLC SCFB2PLC0001 a. 60 discrete inputs b. 19 discrete outputs c. 19 analog inputs d. 7 analog outputs 2. Panel HMI 3. SCADA Network Switch 4. 10 Network Switch Aeration Blower Building 2 The subsystem consists of: 1. PLC SABB2PLC0001 a. 169 discrete inputs b. 9 discrete outputs c. 119 analog inputs d. 32 analog outputs 2. HMI 3. SCADA Network Switch 4. 10 Network Switch 5. 3 Network Drives and 23 MCC Network Starters a. 185 discrete inputs b. 29 discrete outputs c. 29 analog inputs d. 3 analog outputs 6. Building Fire Alarm (software integration in panel by others) 7. 3 Blower Package PLCs a. 21 discrete inputs per blower b. 1 discrete output per blower c. 16 analog input per blower d. 1 analog output per blower Task Order 10601.A WRRF Liquid Stream Capacity Expansion Process Control Software Integration Page 17 of 49 CH21VI Hill Engineers, Inc. Primary Sludge Pump Station The subsystem consists of: 1. PLC SPPS1 PLC0001 a. 30 discrete inputs b. 5 discrete outputs c. 12 analog inputs d. 0 analog outputs 2. Panel HMI 3. SCADA Network Switch 4. 10 Network Switch 5. 5 Network Drives and 31 MCC Network Starters a. 105 discrete inputs b. 16 discrete outputs c. 27 analog inputs d. 5 analog outputs 6. Building Fire Alarm (software integration in panel by others) RAS Transfer Station The subsystem consists of: 1. PLC SRTS1 PLC0001 a. 27 discrete inputs b. 2 discrete outputs c. 11 analog inputs d. 0 analog outputs 2. Panel HMI 3. SCADA Network Switch 4. 10 Network Switch 5. 5 Network Drives and 6 MCC Network Starters a. 53 discrete inputs b. 11 discrete outputs c. 21 analog inputs d. 5 analog outputs 6. Building Fire Alarm (software integration in panel by others) Task Order 10601.A WRRF Liquid Stream Capacity Expansion Process Control Software Integration Page 18 of 49 CH21VI Hill Engineers, Inc. RAS/WAS Station 2 The subsystem consists of: 1. PLC SRSWS2PLC0001 a. 34 discrete inputs b. 2 discrete outputs c. 18 analog inputs d. 0 analog outputs 2. Panel HMI 3. SCADA Network Switch 4. 10 Network Switch 5. 6 Network Drives and 6 MCC Network Starters a. 59 discrete inputs b. 12 discrete outputs c. 24 analog inputs d. 6 analog outputs 6. Building Fire Alarm (software integration in panel by others) UV Disinfection The subsystem consists of: 1. PLC SUDV1 PLC0001 (existing) a. Network Multivariable Analyzer i. 4 analog inputs Task Order 10601.A WRRF Liquid Stream Capacity Expansion Process Control Software Integration Page 19 of 49 CH21VI Hill Engineers, Inc. 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MEAMME15 T-1 c-1 c-1 c-1 c-1 c-1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 U U U U U U J J J J J J Z O O J JW (n N N N N N N W U' Z) Z Q LU H ~ O W = = W Z J N � O N Z Z W !Z O � W Q QJQ W 0 d O W Q QJQ W 0 !Z O W >Q QJQ W 0 !Z O tY W >Q QJQ W 0 Q W O LOU cr d W a Q W O W c M W >Q = 1- Q LLI H Z O LU Z O O J JW (n O H W U' Z) Z Q LU H ~ O Z } J cr = J N N N N Z Z W !Z O � W Q QJQ W 0 d O W Q QJQ W 0 !Z O W >Q QJQ W 0 !Z O tY W >Q QJQ W 0 Q W O LOU cr d W a Q W O W c M W >Q = 1- Q LLI H Z O LU J JW W U' O H Z W J W tZ � o a w W d n Meridian City Council Meeting DATE: February 7, 2017 ITEM NUMBER: 9C PROJECT NUMBER: ITEM TITLE: Public Works: Project Closeouts 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 FY 2016 Project Closeout Presentation Engineering Division Engineering Team •Management & Administrative Staff ▫Warren Stewart, PE ▫Clint Dolsby, PE ▫Kyle Radek, PE •Project Managers (Staff Engineers and Engineering Project Managers) ▫Brent Blake ▫Dean Stacey ▫Emily Skoro, PE ▫Garrick Nelson, EIT ▫Jared Hale ▫Troy Thrall, PE Agenda •Project Closeouts ▫Water Supply Projects ▫Water and Sewer Main Replacements ▫Water and Sewer Main Extensions ▫Wastewater Projects ▫Summary Water Supply Projects •Projects Completed ▫Well 31 Control System Upgrades ▫PRV 1,3 & 7 Control System Upgrades ▫McMillan PRV SCADA Panel ▫Well 14 Building Upgrades ▫Well 19 Treatment ▫Well 27 Treatment ▫Ten Mile –Cherry to Ustick Utility Improvements Well 31 Control System Upgrades Total Design Costs Total Construction Costs •Original Design Contract: $21k •Change Orders:$0.00 •Additional Work: $6.3k •Design Total:$27.3k •Original Const. Contract: $39.1k •Change Orders: $0.00 •Additional Work:$0.00 •Construction Total: $39.1k Total Well 31 Project Costs: $66.4k •Project included: o New Control Panel o Enabling Ethernet control PRV 1, 3, & 7 Control System Upgrades Total Design Costs Total Construction Costs •Original Design Contract: $54.6k •Change Orders:$0.00 •Additional Work: $0.00 •Design Total:$54.6k •Original Const. Contract: $91.4k •Change Orders: $0.00 •Additional Work: ($25.3k) •Construction Total: $66.1k Total PRV 1, 3, &7 Project Costs: $120.7k •Decrease Vulnerability to Elements and Improve Access and Safety •Project included: o New Control Panel o Change of Location of Electronic Cabinets McMillan PRV SCADA Panel Total Design Costs Total Construction Costs •Original Design Contract: $6.3k •Change Orders:$0.00 •Additional Work: $775 •Design Total:$7.1k •Original Const. Contract: $28.8k •Change Orders: $0.00 •Additional Work: $425 •Construction Total: $29.2k Total McMillan PRV Project Costs: $36.3k •Project included: o Concrete Pad o Design & Construction of Control Panel o Programming Well 14 Building Upgrades Total Design Costs Total Construction Costs •Original Design Contract: $12.1k •Change Orders:$1k •Additional Work: $0.00 •Design Total:$13.1k •Original Const. Contract: $74.9K •Change Orders: $1.4k •Additional Work: $0.00 •Construction Total: $76.3k Total Well 14 Project Costs: $89.4k •Improving Building and Site Aesthetic Conditions •Project included: o Waterline Improvements o Improving Energy Efficiencies Well 19 Water Treatment Total Design Costs Total Construction Costs •Original Design Contract:$227.3k •Change Orders:$0.00 •Additional Work: $3.9k •Design Total:$231.2k •Original Const. Contract: $979.1k •Change Orders: $1.5k •Additional Work: $0.00 •Construction Total: $980.6k Total Well 19 Project Costs: $1.2m •Remove Iron & Manganese •Project included: o Media Filter Tank o Pump House o Site Improvements Well 27 Water Treatment Total Design Costs Total Construction Costs •Original Design Contract: $210k •Change Orders:$0.00 •Additional Work: $64.4k •Design Total:$274.4k •Original Const. Contract: $1.29m •Change Orders: $29.4k •Additional Work: $1.7k •Construction Total: $1.32m Total Well 27 Project Costs: $1.6m •Improve Well 27 Water Quality •Project included: o Media Filter Tank o Construction of Facility & Infrastructure ACHD -Ten Mile –Cherry to Ustick Utility Improvements Total Design Costs Total Construction Costs •Original Design Contract: $11k •Change Orders:$0.00 •Additional Work: $2.7k •Design Total:$13.7k •Original Const. Contract: $99.9k •Change Orders: $0.00 •Additional Work: $19.095k •Construction Total: $119k Total Project Costs: $132.7k •Realign Utilities and Widen Ten Mile •Project included: o Relocate water mains & service lines o Extend Reuse Line Water and Sewer Replacements •Projects Completed ▫Water Main Replacement – Elm Place, Linder to End ▫Water and Sewer Main Replacement, NW 2nd Street Water Main Replacement –Elm Place, Linder to End Total Design Costs Total Construction Costs •Original Design Contract: $16.9k •Change Orders:$0.00 •Additional Work: $0.00 •Design Total:$16.9k •Original Const. Contract: $109.6k •Change Orders: $0.00 •Additional Work: ($400) •Construction Total: $109.2k Total Elm Place Project Costs: $126.1k •Increase Fire Flow and Improve Service. •Project included: o Replaced 462 Feet of 4-inch Water Main with 8-inch Main o New Meters, One New Hydrant Water and Sewer Main NW 2nd Street Total Design Costs Total Construction Costs •Original Design Contract: $68.7k •Change Orders:$6.5k •Additional Work: $0.00 •Design Total:$75.2k •Original Const. Contract: $478.9 •Change Orders: $0.00 •Additional Work:$5.3k •Construction Total: $484.2K Total NW 2nd St. Project Costs: $559.3k •Project included: •Replaced 1250 LF of existing water main and services •Installed 1250 LF of new sewer main and services Water and Sewer Extensions •Projects Completed ▫Ashford Greens Sewer Trunk ▫Waterline Extension – Amity and Meridian Road - Locust Grove Road to West Harris Street Ashford Greens Trunk Sewer Total Design Costs Total Construction Costs •Original Design Contract: $60.1k •Change Orders:$27.1k •Additional Work: $0.00 •Design Total:$87.2k •Original Const. Contract: $1.1m •Change Orders: $118k •Additional Work: $0.00 •Construction Total: $1.2m Total Ashford Greens Project Costs: $1.3m •Abandonment of Ashford Greens Lift Station •Improved operation of North Black Cat Lift Station •3,800 feet of 18-inch sewer trunk line Water Main Extension –Amity and Meridian Road - Locust Grove Road to West Harris Street Total Design Costs Total Construction Costs •Original Design Contract: $66k •Change Orders:$0.00 •Additional Work: $3k •Design Total:$69k •Original Const. Contract: $695.8k •Change Orders: $5.6k •Additional Work: $3.9k •Construction Total: $705.3k Total Project Costs: $774.3k •Project included: •7,900 Feet of 12 & 16 inch Water Main •10 New Hydrants •Water Service and Fire Line to Mary McPherson Elementary Wastewater Projects •Projects Completed ▫WRRF Dissolved Air Floatation Thickener Recoating ▫WRRF Generator Loadbank Installation ▫WRRF Tertiary Filter Building B Crane ▫Digester 4 & 5 PLC Upgrades ▫PLC 2/3/4/ PLC Upgrades ▫UV Disinfection Improvements Project ▫WRRF UV Outfall Pipe Riprap Extension ▫South Black Cat Pressure Sewer Commissioning WRRF Dissolved Air Floatation Thickener Recoating Total Design Costs Total Construction Costs •Original Design Contract:$12k •Change Orders:$0.00 •Additional Work: $0.00 •Design Total:$12k •Original Const. Contract: $76.7k •Change Orders: $0.00 •Additional Work: $0.00 •Construction Total: $76.7k Total Project Costs: $88.7k •Prevention of Equipment Failure Due to Corrosion •Project included: o Recoating Metal Components of the Dissolved Air Floatation Mechanism WRRF Generator Loadbank Installation Total Design Costs Total Construction Costs •Original Design Contract: $12.5k •Change Orders:$0.00 •Additional Work: $0.00 •Design Total:$12.5k •Original Const. Contract: $61.7k •Change Orders: $0.00 •Additional Work: $0.00 •Construction Total: $61.7k Total Generator Loadbank Project Costs: $74.2k •Compliance with National Fire Protection Generator Testing Requirements without shutdown •Project included: o Installation of Generator Loadbank WRRF Tertiary Filter Building B Crane Total Design Costs Total Construction Costs •Original Design Contract: $29.3k •Change Orders:$0.00 •Additional Work: $0.00 •Design Total:$29.3k •Original Const. Contract: $75.7k •Change Orders: $0.00 •Additional Work: $0.00 •Construction Total: $75.7k Total Building B Crane Project Costs: $105k •Allow repair of pumps at any time •Project included: o 5-ton Crane Procurement and Construction Digester 4 & 5 PLC and PLC 2,3 & 4 Upgrades Digester 4 & 5 PLC Costs •Original and Final Design Contract: $46.3k •Programmable Logic Controllers (PLCs) control the SCADA system at the WRRF •Project updated PLC hardware & software to City standards •Original Construction Contract: $206k •Change Orders:$0.00 •Additional Work: ($23.7k) Construction Total:$182.4k PLC 2,3 & 4 Costs •Original and Final Design Contract: $93.9k •Original Construction Contracts: $542.2k •Change Orders:$1.8k •Additional Work: ($201) Construction Total:$543.9k Total Digester 4 & 5 PLC Project Costs: $228.7k Total PLC 2,3 & 4 Project Costs: $637.8k UV Disinfection Improvements Project Total Design Costs Total Construction Costs •Original Design Contract: $414k •Change Orders:$4k •Additional Work: $23.3k •Design Total:$441.7k •Original Const. Contract: $3m •Change Orders: $129k •Additional Work: $27k •Design Error Costs: $311k •Construction Total: $3.5m Total Project Costs: $3.9m •Improved Maintenance of UV system •Project included: •UV System Expansion •Additional UV Capacity WRRF UV Outfall Pipe Riprap Extension Total Design Costs Total Construction Costs •Original Design Contract: (Included in UV Design) •Original Const. Contract: $58.5k •Change Orders: $0.00 •Additional Work: $5k •Construction Total: $63.5k Total Pipe Riprap Extension Project Costs: $63.5k •Project included: o Installing Additional Riprap at the Effluent Pipe Outfall at Fivemile Creek o Regrading the Existing Embankment on North Side of Fivemile Creek South Black Cat Pressure Sewer Commissioning Total Design Costs Total Construction Costs •Original Design Contract: $16.9k •Change Orders:$2k •Additional Work: $0.00 •Design Total:$18.9k •Original Const. Contract: $29.3k •Change Orders: $0.00 •Additional Work: $5.9k •Construction Total: $35.1k Total Project Costs: $54.0k •Project included: o Installation of Air/Vacuum Relief Valves o Pressure Testing of 18-inch Pressure Sewer Main o Start Up Services Combined Cost Growth: $768,054Original Contract Totals: $10,441,953 Final Contract Totals: $11,210,007 Number of Projects: 19 Cost Growth: 6.85% Project Summary Design Cost: 18% Contract Changes Paid by City: 4% Key Accomplishments •Improved Administration of Well Drilling Rules •Water Rights Transfer •Design Standards •Public Works Week •ACHD Project Development Memo •Multi-year Major Projects: South Meridian, Capacity Upgrades, Headworks Questions? Meridian City Council Meeting DATE: February 7, 2017 ITEM NUMBER: 9D PROJECT NUMBER: ITEM TITLE: Fire Department Fire Department: Treasure Valley Cooperative Fire Authority Interagency & Joint Powers Agreement 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 Treasure Valley Cooperative Fire JPA PRESENTATION TVCFA JPA -9 month culmination •Who has been involved?Fire Chiefs, Mayors/Commissioners, Attorney’s, Purchasing, Human Resources •What it is-a legal document allowing the participating Department’s to continue collaboration in the following specific areas: •Joint testing and recruit academy •Centralized fleet maintenance and repair (With Star Fire since 2014; continues to be most cost effective solution and best service) •Mutual and Automatic aid and collaborative future deployment planning •Shared Capital Improvement process, to include joint station design •Shared software, when applicable •Shared purchasing of equipment and supplies to obtain best pricing and achieve standardization •What it is not- •Consolidation, merger, or release of local jurisdiction autonomy or control over normal process •Budget-There is no change to City budgeting process. Under this agreement in section 7.1, the Fire Chiefs may develop a budget to achieve cooperative items noted above, however local elected officials must approve any request regarding funding (no different than EMS JPA over the past 4 years). Meridian City Council Meeting DATE: February 7, 2017 ITEM NUMBER: 9E PROJECT NUMBER: ITEM TITLE: Parks and Recreation Department: Bainbridge Park Discussion 1. Reimbursement Agreement for Bainbridge Park between Brighton Development Incorporated and City of Meridian for a Not -to -Exceed Amount of $425,000 2. Budget Amendment for Bainbridge Park Construction for a Not -to -Exceed Amount of $577,184 3. Contract Agreement between City of Meridian and The Russell Corporation as Construction Manager for Bainbridge Park for a Not -to -Exceed Amount of $1,432,483 MEETING NOTES u APPROVE Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Bainbridge Park Discussion Mike Barton, MPR Parks Superintendent February 7, 2017 Approved Park Layout Cost Description Amount Guaranteed Maximum Price 1,432,483$ Preconstruction 17,350$ Architectural & Engineering Fees (A & E)80,960$ Owner Provided Items - Site Furnishings, Etc.70,000$ Total Costs 1,600,793$ Budget Description Amount FY2012 Enhancement 195,608$ FY2015 Enhancement 500,000$ FY2015 Budget Reclass from Bainbridge to Hillsdale (97,000)$ Total Enhancements 598,608$ Additional Budget Required Amount FY2017 Budget Amendment 577,184$ Community Contributions/Partnerships Amount Land Donation - 7.5 Acres - Brighton Corporation 262,500$ Cash Donation - Brighton Corporation 425,000$ Pressurized Irrigation Connection - Brighton Corporation 150,000$ Total Community Contributions/Partnerships 837,500$ Cost Per Acre Before Community Contributions/Partnerships Amount $1,600,793 + $412,500 / 7.5 267,663$ Cost Per Acre Amount $1,600,793 / 7.5 213,439$ Request for Council Action •Approve Reimbursement Agreement from Brighton Corporation ~ $425,000 •Approve Budget Amendment from Park Impact Fees ~ $577,184 •Approve A133 Guaranteed Maximum Price Amendment from Russell Corporation for Park Construction ~ $1,432,483 REIMBURSEMENT AGREEMENT REGARDING CERTAIN CONSTRUCTION COSTS FOR BAINBRIDGE NEIGHBORHOOD PARK BETWEEN BRIGHTON DEVELOPMENT INCORPORATED AND THE CITY OF MERIDIAN THIS REIMBURSEMENT AGREEMENT is made and entered into this � day of February, 2017, by and between Brighton Development Inc (Brighton) and The City of Meridian, Idaho (City), to establish a mutual understanding of the conditions upon which the City of Meridian will receive partial reimbursement for costs associated with the construction of Bainbridge Neighborhood Park (Park). WHEREAS, Brighton is the developer of Bainbridge Subdivision; and WHEREAS, City intends to develop a public park on City -owned land within the Bainbridge Subdivision; and WHEREAS, City has received a cost estimate from its construction manager, Russell Corporation, for construction of the Park; and WHEREAS, Brighton has agreed to pay $425,000.00 towards the cost associated with construction of the Park. NOW, THEREFORE, the parties hereby agree as follows: 1. City shall engage Russell Corporation to effect the performance of the construction of Bainbridge Park in substantial conformance with the itemized "Final GMP Estimate", a copy of which is attached to this Agreement as Exhibit A and incorporated herein. 2. The line item in the Landscaping Bid Package No. 13 regarding "Sod in lieu of Hydro -seed" in the attached Exhibit A is of particular importance to Brighton. Accordingly, City agrees to install sod in the Park as a pre -requisite for any reimbursement under this Agreement. 3. As a part of the construction of the Park, City shall install a concrete loop path in lieu of an asphalt loop path. Installation of the concrete loop path shall be a pre- requisite for any reimbursement under this Agreement. 4. Upon substantial completion of the park construction, City shall invoice Brighton for reimbursement of construction costs in the amount of $425,000.00. Reimbursement Agreement -1 of 5 5. Upon presentation of the invoice, Brighton shall pay City for the invoiced amount within 30 days. 6. In the event that Brighton fails to fulfill its obligations under this Agreement, City reserves the right to utilize any available legal remedy receive reimbursement. 7. If a suit, action, or other proceeding arising out of or related to this Agreement is instituted by any party, the prevailing party shall be entitled to recover its reasonable attorney fees, expert witness fees, and costs (i) incurred in any settlement negotiations, (ii) incurred in preparing for, prosecuting or defending any suit, action, or other proceeding, and (iii) incurred in preparing for, prosecuting or defending any appeal of any suit, action, or other proceeding. 8. This Agreement shall be construed and interpreted in accordance with the laws of the State of Idaho. The parties agree that the courts of Idaho shall have exclusive jurisdiction and agree that Ada County is the proper venue. 9. Time is of the essence with respect to the obligations to be performed under this Agreement 10. The failure or neglect of a party to enforce any remedy available by reason of the failure of the other party to observe or perform a term or condition set forth in this Agreement shall not constitute a waiver of such term or condition. A waiver by a party (i) shall not affect any term or condition other than the one specified in such waiver, and (ii) shall waive a specified term or condition only for the time and in a manner specifically stated in the waiver. IN WITNESS WHEREOF, the parties do execute this Reimbursement Agreement the day and year first above written. BRIGHTQN DEVELOPMENT INC., an Idaho corporation By: Jonathan D, 4Wardle, President CITY OF MERIDIAN, IDAHO Tammy de Attest: C.Jay Casullerk Reimbursement Agreement - 2 of 5 �PTg� AUGUST' O44 I ISO City of r. Xi� vAL v 02 03 EXHIBIT A BAINBRIDGE PARK - FINAL GMP ESTIMATE Lost Ra ids Drive Meridian Idaho ACTIVITY SCOPE DESCRIPTION Estimate No: REV2-GMP COST Plans Dated: 11/18/2017 4 Estimate Data: 1/27/17 'iF6t tAR I ,:rn,yaB,•N Gross Area - SF 313,796 ACTIVITY SCOPE DESCRIPTION UANTITY UNIT PRICE UNIT COST GSF Vehicles 4 $ 500.00 MO S 2.000.00 $ 0.01 t OlBce Te rat 4 S 75.00 MO $ 300.00 0.00 Nome Office Supplies 4 S 100.00 MO S 400.00 0.00 Na' Me 4 S 6160.00 MO 24640.00 0.06 Pro ect Su dntendent 5 S 9,920.W MO 44 640.00 S 0.14 Pro' a Eco.r 4 S 3,760.W MO 15 040.00 0.05 sa 4 150.0 MO S 600.00 0.00 SRe Se VMS 4 S scow MO S 2400.00 S 0.01 Mh. Su les 4 S 100.00 MO S 400.00 I 0.00 Pro Uffice Trailer 4 175.0 MD 700.00 0.0 Postage 4 $ 20.00 MO s 80.00 0.00 FedEX/UPS 4 $ 35.00 MO S 140.00 0.00 Sat Internet 4 $ 50.00 MO S 200.00 0.0 SRe s~ 1 S 3 500.0 LS S 1500.00 0.00 5Re Utili sec 4 S 500.0 Ls S 2000.00 0.01 Project Closeout 1 $ s00.00 SF $ s 500.00 0.00 Tem ra labor Albwance 4 S ISOM MO 600.W 0.0 Tem Tedets 4 S 125.0 MO S 500.00 o.00 Tem re Dum 4 50oW MO 2000.0 0.01 final deani 1 1000.0 LS 1000.00 s 0.0 W.rints 1 S 500.0 LS 500.00 0.00 Tem . Meat lMnln, Uccfib rip 1 1500.00 1500.00 0.00 Idaho Power Servka IAJI9 nm 1 510000.00 t 10,000.0 0.03 S S Landsca - Bid Packa a No. 13 tawnCo. 111 640 0.36 Site Work survey Allowance t 5000.00 LS 5000 0.02 5 11 n and TeakV S 7,500.0) tS $ 7,500 0.02 198,773 0.63 S f De.lprn Removal of fimoes eat mist. ssmaum S Site Work - Bid Package No. I Idaho Materials 6 Commlc 1 208,935.W l5 208,935 0.67 Site Work - Su lal Allowance - Drain ditch b is etc. 1 100000.00 LS 100000 S on As,halt Bau P."and Traffic Waircs 1 15 SRe Water Ur udlitks 1 S Site Sanira Sewer ones wiliti. 1 EA S SF $ arb and Goth Wth sive 1 tF s S0ewa6s 1 S f - Vertical ibnoete ❑srb Ind. with Csb 6 Gutter I Seat Well 1 S c .rade SRe Flatwork Ind. with Sidevtx is 1 S S Landsca - Bid Packa a No. 13 tawnCo. 1 195 000.0 S 195,000 0.62 Sod Allowance -Soden lieu of Hydro -seed 1 130880.00 110680 0.35 MiscelWneous I M.pj.a lAllowance - Soil AmeMm t, etc. 1 20000.00 20 000 0.08 Fendn Tem sire f,ncirgLS SWPPP lWith Sne Package 1 S S S S 647,313 3.06 Concrete - - ^` Concrete - Bid Package No. 2 ochry C .w 11 198,M.01) I LS1 190,773.00 S 0.63 S $ S $ S s S S S 198,773 0.63 Reimbursement Agreement - 3 of 5 04 05 Metals 06 A M t.ls - Bid Packa a No. 3 BAINBRIDGE PARK - FINAL GMP ESTIMATE 1 4,066.00 SFI S 4.066 S 0.01 S Lost Rapids Drive Meridian Idaho SF S S + 11M. with Srmttural Estimate No: REV2-GMP E 11,150 S 0.04 Plans Dated: 11/18/2017 -iFm.14R Allowance Estimate Date: 1/27/17 I s Gross Area - SF 313,796 ACTIVITY/SCOPE DESCRIPTION UANT UNR PRICE I UNIT I LOST 5/GSF 05 Metals 06 A M t.ls - Bid Packa a No. 3 14ountain Sreel 1 4,066.00 SFI S 4.066 S 0.01 S 3 SF S S SMctural Steel Erettion 11M. with Srmttural I SF $ S E 11,150 S 0.04 Eal S S Miuelkneous Metas Allowance 1 2,500.00 1 Lsl S 21500 S 0.01 • I I E 6,566 I S 0.03 I S Ca n, -Bid Parka eNo.5 jAilowance - Rough Framny 1a.j 20,000 S 0.06 $ S 3 U Miarellaneous 1 S 1000 f 0.00 S S s E 11,150 S 0.04 S LS $ 21,000 O.0] 07 Thermal & Moisture Protection 08 09 30 Roofing - Bid Packa a No. 7 Upson RWino 1 14,264.00 L51 14,264 S 0.05 S S 5 3 5 $ S S I I. 1 1 5 14,364 1 5 U. I Doors & Windows Re Tda, Doors- Bid Packa a No.6 D & A Door t 11,150.00 S 11,150 S 0.04 E S S S 8 S s E 11,150 S 0.04 So.cialties Re Tda, 1 104 127.00 Tale, Acrossones Included with Package No. 6 1 FA S S - f S Artwodt Allowance 1 42 000.00 S 42,W S 0.13 Ma round Surf.cng t S LS $ 42.000 S 0.13 t Pla round E ui mem - BP No, 14 Re Tda, 1 104 127.00 LS $ 104,127 $ 0.33 1 LS S S Ma round Surf.cng With Plwvground Equip. 1 LS $ $ - s f Muscle B OFOI 1 35,000.00 LS $ 35 000 S 0.11 S f Drinking Fountain OWI Allowame for Group Below 1 LS S $ Pah S'. OFOI 1 f $ - BB Moop & strippin, OF01 1 s $ Bench OFOI 10 EA f S Bike Park OWI 1 FA Game Tank OWI 2 EA - Trash om1 10 1 $- IAM RmicTa a Omi 2 1 1- 139127 1O.M Reimbursement Agreement - 4 of 5 16 Electrical Electrical - Bill Package No. 12 United Elem.a 1 12 576.00 SF 3 BAINBRIDGE PARK - FINAL GMP ESTIMATE DESCRIPTION I QUANTA Lost Ra lids Drive Meridian Idaho I UNIT i awl Estimate No: REV2-GMP 14eehanical Plans Dated: 11/18/2017 _IFN Estimate Date: 1/27/17 w I ?maMATMI Gross Am - SF 313,796 16 Electrical Electrical - Bill Package No. 12 United Elem.a 1 12 576.00 SF 3 ACTIVITY SCOPE DESCRIPTION I QUANTA UNIT PRICE I UNIT I COST 5 GSF 0.02 14eehanical S 1,364,269 0.35 Contingency 5% Plombin -Bid Packa eNo. 10 Debit 1 16212.00S 16,142 $ 005 $ 1,432,483 4.5] $ HVAC - BM PmkaueNo. 11 Adwnred 1 7,055.00 3 7.055 3 0.03 S 3 16 Electrical Electrical - Bill Package No. 12 United Elem.a 1 12 576.00 SF 3 12 576 0.04 3 $ 12,713 0.04 Temporary Power 11 6,500.00 1 s 6 500 3 0.02 3 S 1,364,269 0.35 Contingency 5% 19.076 s 0.06 Building Total Cosh 1,271,305 4.05 Contractor Profit 5.25% $ 66,744 0.21 Contractor Insurance $ 12,713 0.04 Bond s 13,508 S 0.09 Total Old Amount $ 1,364,269 0.35 Contingency 5% $ 68,213 0.22 Grand Total Estimate $ 1,432,483 4.5] 1. All costs associated with permits, fees, utility fees, ACHD impact fen or other municipal or utility comparry costs am exauAed. Reimbursement Agreement - 5 of 5 `a;6A A o oexi� wAr Al — 2009 VAOK A Guaranteed Maximum Price Amendment for the following PROJECT: (Nartte and address or location) Bainbridge Park ADDITIONS AND DELETIONS: 3737 W. Lost Rapids Drive The author of this document has Meridian, Idaho added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and THE OWNER: Deletions Report that notes added information as well as revisions to (Name, legal status and address) the standard form text Is available from the author and should be City of Meridian reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where THE CONSTRUCTION MANAGER: the author has added to or deleted (Marne, legal status and address) from the original AIA text. The Russell Corporation This document has important legal 1940 S. Bonito Way, Suite 150 consequences. Consultation with an attorney Is encouraged with respect Meridian, Idaho 83642 to its completion or modification. ARTICLE A.1 AIA Document A201 Tu -2007, § A.1.1 Guaranteed Maximum Price General Conditions of the Contract Pursuant to Section 2.2.6 of the Agreement, the Owner and Construction Manager hereby for Construction, is adopted in this amend the Agreement to establish a Guaranteed Maxinmin Price. As agreed by the document by reference. Do not use Owner and Construction Manager, the Guaranteed Maximum Price is an amount that the with other general conditions unless Contract Sum shall not exceed. The Contract Sum consists of the Construction Manager's this document is modified. Fee plus the Cost of the Work, as that Tenn is defined in Article 6 of this Agreement. § A.1.1.1 The Contract Sum is guaranteed by the Construction Manager not to exceed One Million Four Hundred and Forty Nine Thousand Eight Hundred Thirty Three Dollars and Zero Cents. ($ 1,449,833.00), subject to additions and deductions by Change Order as provided in the Contract Documents. GMP $1,432,483.00 Preconslruction Services $17,350.00 § A.1.1.2 Itemized Statement of the Guaranteed Maximum Price. Provided below is an itemized statement of the Guaranteed Maxinmm Price organized by trade categories, allowances, contingencies, alternates, the Construction Manager's Fee, and other items that comprise the Guaranteed Maximum Price. (Provide below at- reference an altachnlent.) Refer to Attachment C - "Final GMP Estimate" § A.1.1.3 The Guaranteed Maximum Price is based on the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: AIA Document A13V- —2009 Exhibit A. Copyright®1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This Init. AIAa Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAa Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This ( document was produced by AIA software at 1227:41 on 01/3112017 under Order No. 8998072798 which expires on 01/24/2018, and is rwlfor resale. User Notes: (3B9ADA33) (State the numbers or other ider tyk-ation ofoccepted edter:wttes, #the Contract Documents permit the Owner to accept other alternates subsequent to Me, execution of this Anien(hnent, Roach rt schedule efsuch other alternates showing the amount for each ond'the dwe when the,atnouut etpires.) NONE § A.1.1.4 Allowances included in theGuaranteed Maximum Price, if any (IdentiJ,y ollow(inee and state exchrsions) ifimp, fr•o» t the allowmtce price) Item Price ($0.00) Exhibit § A.1,11.5 Assumptions, if any, on which the Guaranteed. Maximum Price is based: Refer to Attachment t1 - "Assumptions and Clarifications" § A.1,1.6 The Guaranteed Maximum Price is based upon the following Supplementary and other Conditions of the Section. Title Date ed Maximum Price is based upon the following Specifications: Wtions here; or refer to on exhibit alloched to this Agreement,) exhibit: Refer to Attachment B - "List.of Drawings" Title Date § A.1.1:8 The Guaranteed Maximu>>i Price is based upon the following Drawings: (Either list the Drawings here, or refer to crit exhibit attached tothis agreement,) Title of DraNvings`exhibit: Refer to Attachment B - "List of Drawings" Number Title Date Pages Pages § A.1.1.9 The Guaranteed MaxinnuuPrice is based upon the following other documents and information: (List «ny other documents or hilonnotior: here, or refer to (m exhibit attached to this Agreement.) ARTICLE A.2 § A,2.1 The anti .)ated date of Substantial Completion established by this Amendment: ni 7 months from Notice to Proceed, a -Y1 yY- (Printed norm dn(1 title) CONSTRtI TION MANAG M(Yinature) Mr. Neal RusseltPresident (Printed nacre and title) AIA Document A1331e —2009 Exhibit A. copyright©1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: Tills Ittit. AIAa Document Is protected by U.S. copyright Law and International Treaties, Unauthorized reproduction or distribution of this AIA' Document, or 2 any portion of it, may result ht severe civil and criminal penalties, and will be prosecuted to (lie maximum extent possible under the law. This / document was produced by AIA software at 12:27:41 on 01/31/2017 under order No. 8996072798 which expires on 01/24/2018, and is not for resale. User Notes: (3B9ADA33) MRAIA (1 L 1 4 Tr.l u r I 1� xr a n d 17 Doc�.9UU1�efiA � Preconstruction Services for the following PROJECT: Nance and location or address) Bainbridge Park Preconstruction Phase THE OWNER: (None, legal status and address) City of Meridian Meridian, Idaho 83642 THE CONTRACTOR: (Name, legal status and address) The Russell Corporation 1940 S Bonito Way Suite 150 Meridian, Idaho 83642 ADDITIONS AND DELETIONS: The author of this document has added Information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Consultation with an attorney is also encouraged with respect to professional licensing requirements in the jurisdiction where the Project is located. AIA Document A142- —2004 Exhibit B. Copyright© 2004 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document Is Init. protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the Iaw.This documentwas produced by AIA t software at 13:49:08 on 081OW2016 under Order No.9725696861_1 which expires on 012212017, and is notfor resale. User Notes: (827876720) ARTICLE B.1 SCOPE OF PRECONSTRUCTION SERVICES (Describe the Corrhactor's preconstructiou services, if any.) Refer to Preconstruction Services Proposal dated July 13, 2016. ARTICLE B.2 COMPENSATION FOR PRECONSTRUCTION SERVICES The Owner shall compensate the Contractor for preconstruction services as follows: (Describe the method for• determining the Contractor's compensation and indicate whether such compensation is included in the Contract Sum) Refer to Preconsttuction Services Proposal dated July 13, 2016 AIA Document A142- —2004 Exhibit B. Copyright© 2004 by The American Institute of Architects. All rights reserved. WARNING: This Ate Document Is Init. protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA t software at 13:49:08 on 08/08x2016 under Order No.9725698861_1 which expires on 01/222017, and Is not for resale. User Notes: (827876720) CITY OF MERIDIAN 33 EAST BROADWAY AVE. MERIDIAN, ID 83642 (208) 888-4433 Vendor Address: THE RUSSELL CORPORATION 1940 SOUTH BONITO WAY SUITE 150 MERIDIAN, ID 83642 Description CM Services for Bainbridge Park Pre -Construction Services Purchasing Manager: Special Instructions Purchase Order Attention: Mike Barton Billing Attn: Finance 33 E Broadway Ave Address: Meridian, ID 83642 Shipping 33 E. Broadway Ave Address: Ste. 206 Meridian. ID 83642 Shipping Method: FOB: Unit Quantity 9/27/2016 Contractor Destination Pre -Paid Unit Price j i I Dollar 17350.00 1.00 Purchase Order Total: 16-0398 Total 17,350.00 $17,350.00 AIA agreement for CM Services for Bainbridge Park - Approved by Council 9/27/2016 Pre -Construction Services Not -To -Exceed $17,350.00 07-5200-96925.10518.b Case#54633 THE RUSSELL CORPORATION EXHIBIT A July 13, 2016 Project: City of Meridian Park and Recreation — Bainbridge Park. Proposal for: Preconstruction Services This proposal is for the Preconstruction Services portion of The Russell Corporation entering into an Agreement as a Construction Manager as Constructor (CM/GC) with the City of Meridian to construct its Bainbridge Park, where the Construction Manager is at Risk. In general, it is anticipated that the Preconstruction Services associated with this project will consist of the following. 1. Consult with, advise, assist, visit the sites and attend ten (10) meetings specific to the Park and provide recommendations to the City of Meridian and its design team on all aspects of the planning and design of the work. 2. Provide information, estimates, schemes, and participate in decisions regarding construction materials, methods, systems, phasing, and costs to assist in determinations aimed at providing the highest quality project within the budget and schedule. 3. Review in -progress design documents and provide input and advice on construction feasibility, alternative materials, and availability of materials and equipment. Review completed design documents and suggest modifications to improve completeness and clarity. 4. Provide Input to the City and its design team regarding the current construction market bidding climate as well as the status of contract markets. Recommend division of work to facilitate bidding and award of trade/vendor contracts, early long -lead equipment or material procurement, considering such factors as bidding climate, bid packages for multiple integrated work scopes, improving or accelerating construction completion, and related issues. 5. Prepare complete bid packages and associated documents including subcontractor agreements, general and special conditions, detailed scope of work, bid item breakdowns and other documents necessary. 6. Develop and monitor the project critical path method schedule and recommend adjustments in the design documents of construction bid packaging to ensure completion of the project in the most expeditious manner possible, while addressing and meeting the City's critical schedule requirements. 7. Prepare construction cost estimates for the project the end of 50 & 90 percent design phases. Estimate ongoing design modifications to provide real time analysis of the project budget. Notify the City and the design team immediately if construction cost estimates appear to be exceeding the projected GMP budget. 8. Work with the City and its design team to determine impacts to the design and the construction delivery process brought about by the site constraints. Consider logistic plans for items such as haul 1IPage R.0 routes, sequencing, lay down space, etc. Develop alternatives and options for rectifying the impacts of such conditions and constraints. 9. Develop and manage complete bid package scopes of work for bidding subcontractors in conjunction with the design team and the City of Meridian. Conduct a pre-bid meeting and site tour as a part of obtaining competitive bids. Bid packages shall incorporate multiple trades, follow phases of construction, and include details outlining coordination and logistic requirements specific to how each subcontractor will be required to interact with other subcontractors. Work with the City of Meridian and its design team to address questions, issue addendums, and open bids in the presents of the Owner. 10. Prequalify potential subcontractors and provide at least three (3) bidders per discipline. All bidders shall have a public works license. 11. Coordinate as necessary with any jurisdictions having authority in securing building permits and other authorizations as necessary. 12. Lump Sum value is inclusive of a five (5%) percent Overhead and Profit mark-up. 13. Does not include Construction Phase Administration or Scope of Work costs. Proposed Timeline Bases on preliminary discussion the following timeline associated with this project are: Preconstruction Services —August 2016— December 2016 Additional Service Any services not identified in the proposed scope and fee will be charged as Additional Services, if requested by the Owner. Proposed Billing The Lump Sum will be billed each calendar month for the percent of services complete. Reimbursable shall be broken out. (Bid solicitation fees; document (plans and specifications) reproduction costs; PMS software fee; office supplies; copying costs). Reimbursable will be billed to the City at cost. Any savings associated with this not to exceed budget will be to the benefit of the Owner; there is no shared savings with the Construction Manager. Total Preconstruction Service fees Description Total Total Preconstruction Services (Lump Sum Value) $14,850.00 Total Reimbursable Expenses (Not To Exceed) $ 2,500.00 Total Preconstruction Services Fees 17 350.00 21 Page R.0 Estimate No:REV3-GMP Plans Dated:11/18/2017 Estimate Date:1/31/17 Gross Area - SF 313,796 - ACTIVITY/SCOPE QUANTITYUNIT PRICE UNIT COST $/GSF 1 General Conditions Vehicles 4 500.00$ MO 2,000.00$ 0.01$ Home Office Telephone 4 75.00$ MO 300.00$ 0.00$ Home Office Supplies 4 100.00$ MO 400.00$ 0.00$ Project Manager 4 6,160.00$ MO 24,640.00$ 0.08$ Project Superintendent 5 9,920.00$ MO 44,640.00$ 0.14$ Project Engineer 4 3,760.00$ MO 15,040.00$ 0.05$ Safety 4 150.00$ MO 600.00$ 0.00$ Site Safety Visits 4 600.00$ MO 2,400.00$ 0.01$ Project Office Supplies 4 100.00$ MO 400.00$ 0.00$ Project Office Trailer 4 175.00$ MO 700.00$ 0.00$ Postage 4 20.00$ MO 80.00$ 0.00$ FedEx/UPS 4 35.00$ MO 140.00$ 0.00$ Site Internet 4 50.00$ MO 200.00$ 0.00$ Site Signage 1 1,500.00$ LS 1,500.00$ 0.00$ Site Utility Expenses 4 500.00$ LS 2,000.00$ 0.01$ Project Closeout 1 500.00$ 500.00$ 0.00$ Temporary Labor Allowance 4 150.00$ MO 600.00$ 0.00$ Temporary Toilets 4 125.00$ MO 500.00$ 0.00$ Temporary Dumpster 4 500.00$ MO 2,000.00$ 0.01$ Final Cleaning 1 1,000.00$ LS 1,000.00$ 0.00$ Blueprints 1 500.00$ LS 500.00$ 0.00$ Temporary Heat Winter Conditions 1 1,500.00$ 1,500.00$ 0.00$ Idaho Power Service Allowance 1 10,000.00$ 10,000.00$ 0.03$ -$ -$ 111,640$ 0.36$ 02Site Work Survey Allowance 1 5,000.00 LS 5,000$ 0.02$ Special Inspection and Testing Allowance 1 7,500.00 LS 7,500$ 0.02$ -$ -$ Demolition Removal of fences and misc. structures -$ -$ -$ -$ Site Work - Bid Package No. 1 Idaho Materials & Construction 1 208,935.00 LS 208,935$ 0.67$ Site Work - Supplemental Allowance - Drain ditch, berms, etc.1 100,000.00 LS 100,000$ 0.32$ Asphalt Base, Paving, and Traffic Markings 1 - LS -$ -$ -$ -$ -$ -$ Site Water Lines Deep utilities 1 - -$ -$ Site Sanitary Sewer Lines Deep utilities 1 - EA -$ -$ SF -$ -$ Curb and Gutter With Site Package 1 - LF -$ -$ Sidewalks 1 - -$ -$ Vertical Concrete Curb Incl. with Curb & Gutter 1 - -$ -$ Seat Wall 1 - -$ -$ -$ -$ Concrete Site Flatwork Incl. with Sidewalks 1 - -$ -$ -$ -$ Landscaping - Bid Package No. 13 LawnCo.1 195,000.00 195,000$ 0.62$ Sod Allowance - Sod in lieu of Hydro-seed 1 110,880.00 110,880$ 0.35$ Miscellaneous Landscaping Allowance - Soil Amendment, etc.1 20,000.00 20,000$ 0.06$ Fencing Temporary site fencing LS -$ -$ -$ -$ SWPPP With Site Package 1 - -$ -$ -$ -$ 647,315$ 2.06$ 03Concrete Concrete - Bid Package No. 2 Quality Concrete 1 198,773.00 LS 198,773.00 0.63$ - -$ -$ - - -$ -$ - - -$ -$ - - -$ -$ - - -$ -$ 198,773$ 0.63$ DESCRIPTION BAINBRIDGE PARK - FINAL GMP ESTIMATE - ATTACHMENT C Lost Rapids Drive, Meridian, Idaho Estimate No:REV3-GMP Plans Dated:11/18/2017 Estimate Date:1/31/17 Gross Area - SF 313,796 - ACTIVITY/SCOPE QUANTITYUNIT PRICE UNIT COST $/GSFDESCRIPTION BAINBRIDGE PARK - FINAL GMP ESTIMATE - ATTACHMENT C Lost Rapids Drive, Meridian, Idaho 04Masonry Masonry - Bid Package No. 4 Genther Masonry 1 29,460.00$ LS 29,460$ 0.09$ - - VSF -$ -$ - - SF -$ -$ 29,460$ 0.09$ 05Metals Metals - Bid Package No. 3 Mountain Steel 1 4,066.00 SF 4,066$ 0.01$ 1 - SF -$ -$ Structural Steel Erection Incl. with Structural 1 - SF -$ -$ - - EA -$ -$ Miscellaneous Metals Allowance 1 2,500.00 LS 2,500$ 0.01$ .6,566$ 0.02$ 06Carpentry Carpentry - Bid Package No. 5 Allowance - Rough Framing 1 20,000.00 LS 20,000$ 0.06$ 1 - SF -$ -$ Carpentry Miscellaneous 1 1,000.00 SF 1,000$ 0.00$ - - EA -$ -$ 1 - LS -$ -$ .21,000$ 0.07$ 07Thermal & Moisture Protection Roofing - Bid Package No. 7 Upson Roofing 1 14,264.00 LS 14,264$ 0.05$ -$ -$ -$ -$ -$ -$ -$ -$ .14,264$ 0.05$ 08Doors & Windows Doors - Bid Package No. 8 D & A Door 1 11,150.00 11,150$ 0.04$ - - -$ -$ -$ -$ -$ -$ -$ -$ .11,150$ 0.04$ 09Finishes Finishes - Bid Package No. 6 Northwest Interiors 1 4,825.00 LS 4,825$ 0.02$ - -$ -$ Painting - Bid Package No. 9 Commercial Painting 1 2,012.00 LS 2,012$ 0.01$ .6,837$ 0.02$ 10Specialties Toilet Accessories Included with Package No. 8 1 - EA -$ -$ -$ -$ Artwork Allowance 1 42,000.00 42,000$ 0.13$ -$ -$ -$ -$ .42,000$ 0.13$ 11Equipment Playground Equipment - BP No. 14 Rec Today 1 104,127.00 LS 104,127$ 0.33$ 1 LS -$ -$ Playground Surfacing With Playground Equip.1 - LS -$ -$ -$ -$ Muscle Beach Gym OFOI 1 35,000.00 LS 35,000$ 0.11$ -$ -$ Drinking Fountain OFOI Allowance for Group Below 1 - LS -$ -$ Park Sign OFOI 1 -$ -$ BB Hoop & Stripping OFOI 1 -$ -$ Bench OFOI 10 EA -$ -$ Bike Rack OFOI 1 EA -$ -$ Game Table OFOI 2 EA -$ -$ Trash Receptacle OFOI 10 EA -$ -$ ADA Picnic Table OFOI 2 EA -$ -$ .139,127$ 0.44$ Estimate No:REV3-GMP Plans Dated:11/18/2017 Estimate Date:1/31/17 Gross Area - SF 313,796 - ACTIVITY/SCOPE QUANTITYUNIT PRICE UNIT COST $/GSFDESCRIPTION BAINBRIDGE PARK - FINAL GMP ESTIMATE - ATTACHMENT C Lost Rapids Drive, Meridian, Idaho 15Mechanical Plumbing - Bid Package No. 10 DeBest 1 16,242.00 16,242$ 0.05$ -$ -$ HVAC - Bid Package No. 11 Advanced 1 7,855.00 7,855$ 0.03$ -$ -$ -$ -$ .24,097$ 0.08$ 16Electrical Electrical - Bid Package No. 12 United Electric 1 12,576.00 SF 12,576$ 0.04$ -$ -$ Temporary Power 1 6,500.00 6,500$ 0.02$ - - -$ -$ 19,076$ 0.06$ Building Total Costs 1,271,305$ 4.05$ Contractor Profit 5.25%66,744$ 0.21$ Contractor Insurance 12,713$ 0.04$ Bond 13,508$ 0.04$ Total Bid Amount 1,364,269$ 4.35$ Contingency 5%68,213$ 0.22$ Grand Total Estimate 1,432,483$ 4.57$ EXCLUSIONS: 1. All costs associated with permits, fees, utility fees, ACHD impact fees or other municipal or utility company costs are excluded. Bainbridge Neighborhood Park CAVI E IDi� IAN,_-- Cost Description Amount Guaranteed Maximum Price $ 1,432,483 Preconstruction $ 17,350 Architectural & Engineering Fees (A & E) $ 80,960 Owner Provided Items - Site Furnishings, Etc. $ 70,000 Total Costs $ 1,600,793 Budget Description Amount FY2012 Enhancement $ 195,608 FY2015 Enhancement $ 500,000 FY2015 Budget Reclass from Bainbridge to Hillsdale $ (97,000) Total Enhancements $ 598,608 Additional Budget Required Amount FY2017 Budget Amendment $ 577,184 Community Contributions/Partnerships Amount Land Donation - 7.5 Acres - Brighton Corporation $ 262,500 Cash Donation - Brighton Corporation $ 425,000 Pressurized Irrigation Connection - Brighton Corporation $ 150,000 Total Community Contributions/Partnerships $ 837,500 Cost Per Acre Before Community Contributions/Partnerships Amount $1,600,793 + $412,500 / 7.5 $ 267,663 Cost Per Acre Amount $1,600,793 / 7.5 $ 213,439 *Reimbursement amount included 1/31/2017 CJ (D Q 7 N O J W C Ip m D 3 (D Q 3 (D 7 T O 3 W V V F-' 00 oIOlo { O 0 z 0 G) YL Q rD m n C '0 m rt � O � 3 00 X •O N 7 O c C N O v S O O O O P A O O O O O O O V V V 3 O V V V � V V 0 V In In (D J � In In In O In Ln In In N O N O N O W N O W N O w A N O N O N O N O N O O o O O o O O o O O V1 r rD N r t rD A N q p E zO Z a a a 0 o z 0 0 0 M. ta O O O O O O O O O O O O O V V V V V V V V V V V V V In In In In In In In In In In Ln In In N O N O N O N O N O N O N O N O N O N O N O N O N O O o O O o O O o O O O o O 0 0 0 0 0 0 0 0 0 0 0 0 0 v 3 o m n = < °a '° � {R Vf to Vf 1/T L1 lA VT i/* t/1 V* iR L1 R �J O O O O O O O O V 3 Z Z In In In In In In Ln In N N N CD N N N N N O O O O O O Q O O A A A A A A A A N 0 N 0 N 0 N ow N N rliNrl N N UQ s o � rt 0 0 O O0i O O O O o O O O o m* -0 m C O v 3 o m n = < °a '° � D o' (D N O — r* rte+ (D (D < 3 3 m (o (D D rD 0 3 n O — v n n p (D rD N 4.1� if� 1/�tn T � W O � N O y O Q Yt ►Fy' J � 1 CD rA r O P+ y 4t .=r f+ 3 3 (D (D V 3 Z Z (p O 0 0 D! 7 3 3 T (D (D ° (D 7 � rD W Dp (D h Q a C � C70 v Iv a 3 0 0 3 T. z ID UQ s o � rt 0 0 fL N om u rD �t Q a v CDC (D n n C C7 � r* C:) ° 0 T � W O � N O y O Q Yt ►Fy' J � 1 CD rA r O P+ y 4t CD r -F (p O D! 7 Q (D CD `D W Dp (D h a 3 n J 1 CL O f(0 N � 3 Z T. z UQ s o 0 0 S 0 0 CL v CDC C C7 � r* y a) E z EQ) L E L Q a) W N E a> 0) M� W r U- C: cd N 75 If.- 0 fs0 U v H a, a 3 c L Q a) c0 Y O — L N @ ~ 3 E a+ O 4; N w a) E c E -o E C Ou a) ti t m E en E -0 E L to a L O fa L •L m Y i Q @ � 0 0 15 a) lD — O Q i 4..1 O O M p m O c n 'v N O a O 3C a u ha O C a fl a) Q E 'L' ..O N FL- Q C f L yl (tea al Q N a O O Y O O O Q a) u -0 u Sao O c +' no o E 'c -r- .,_ai n ao m G vii uv Q v LQ n v CL c a=5 t u L � In •L t L O d ` a) U L al N O ? O 3 N U L Q o a u Q Q N L Q L Oa) _ u L 3 ZX ea 3 c N O 00 p c- � a) a O . V LO O 0 O O C) Q Lpp i O N •i U- YCN m O h v O ao a u a c � u c X c 3 0 a) c Fu c a3 Q ry v O c d O ro a O L L a) Q a) O L . CL 3:u Meridian City Council Meeting DATE: February 7, 2017 ITEM NUMBER: 9F PROJECT NUMBER: ITEM TITLE: Parks and Recreation Department Parks and Recreation Department: Reta Huskey Park Discussion 1. Budget Amendment for Reta Huskey Park Construction for a Not -to -Exceed Amount of $103,857 2. Contract Agreement between City of Meridian and Engineered Structures, Inc. as Construction Manager for Reta Huskey Park for a Not -to -Exceed Amount of $1,336,327 MEETING NOTES u APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Reta Huskey Park Discussion Mike Barton, MPR Parks Superintendent February 7, 2017 Approved Park Layout RETA HUSKEY NEIGHBORHOOD PARK Cost Description Amount Guaranteed Maximum Price 1,336,327$ Creason Tiling Work- Material Only 74,000$ Architectural & Engineering Fees (A & E)69,123$ Owner Provided Items - Site Furnishings, Etc.70,000$ Total Costs 1,549,450$ Budget Description Amount FY2016 Enhancement - A & E 88,593$ FY2017 Enhancement - Park Construction 1,357,000$ Total Enhancements 1,445,593$ Additional Budget Required Amount FY2017 Budget Amendment 103,857$ Community Contributions/Partnerships Amount Land Donation - 8.5 Acres - Coleman Homes 297,000$ Nampa-Meridian Irrigation District - Labor for Creason Tiling 100,000$ Developer Provided Pathways - Coleman Homes 75,000$ Reimbursement for 50% A & E - Coleman Homes 44,296$ Total Community Contributions/Partnerships 516,296$ Cost Per Acre Before Community Contributions/Partnerships Amount $1,549,450 + $516,296 / 8.5 243,028$ Cost Per Acre Amount $1,549,450 / 8.5 182,288$ Request for Council Action •Approve Budget Amendment from Park Impact Fees ~ $103,857 •Approve A133 Guaranteed Maximum Price Amendment from Engineered Structures, Inc. for Park Construction ~ $1,336,327 Date AIA Document A133*" —2000 Exhibit A. Copyright O 1991, 2003 and 2009 by The American Institute of Architects. All ri Mit. AIA4 Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or d str any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent p t document was produced by AIA software at 18:11:45 on 0112412017 under Order No.5334084385_t which expires on 11f3 User Notes; reserved. WARNING; This, m of this AIAP Document, or 3 Is under the law. This 7, and Is not for resole. (1884108654) 1 of 2 BP #Scope Apparent Low BP-01 Site Work / Site Utilities / Asphalt 316,500$ BP-02 Fences and Gates 8,990$ BP-03 Playground Equipment 73,292$ BP-04 Recreational Surfacing 10,000$ BP-05 Exterior Athletic Equipment 9,000$ BP-06 Landscape and Irrigation 208,275$ BP-07 Site and Structure Concrete 91,758$ BP-08 Masonry 34,723$ BP-09 Rough Carpentry & Thermal Insulation 18,277$ BP-10 Metal Roofing 33,710$ BP-11 Doors, Frames & Hardware 6,490$ BP-12 Painting - Interior & Exterior 3,931$ BP-13 Division 10 Specialties 1,330$ BP-14 Shade Shelter 59,886$ BP-15 Plumbing 15,635$ BP-16 HVAC 9,141$ BP-17 Electrical 21,079$ BID PACKAGE SUBTOTAL 922,017$ Surveying Allowance 9,360$ Dirt Allowance 75,000$ Temporary Construction Fencing Allowance (Approx. 1,188 LF)9,504$ Final Clean Allowance 2,500$ HARD COST SUBTOTAL 1,018,381$ Project General Conditions 137,071$ 2,500$ Subcontractor Bond Costs -$ 10,515$ 9,668$ SUBTOTAL 1,178,135$ 68,778$ Construction Contingency 48,144$ ESI Preconstruction Services 15,000$ TOTAL - GMP (incl. $8,285 for irrigation alternate)1,310,057$ 26,270$ PROJECT TOTAL W/ ALTERNATE 1,336,327$ Add Alternate 1 - Irrigation Connection to Reclaimed Water ADD ALTERNATE PRICING Reta Huskey Neighborhood Park Meridian, ID January 17th, 2017 Bids due 2:00 pm BASE BID PRICING Warranty ESI Payment and Performance Bond General Liability Contractor's Fee - 5.25% Exhibit A to Amendment No. 1 2 of 2 Reta Huskey Neighborhood Park Meridian, ID January 17th, 2017 Bids due 2:00 pm Exhibit A to Amendment No. 1 Creason Tiling Completed Work 74,000$ Testing and Inspections 10,000$ Owner / Design Contingency 35,000$ Land Costs -$ Developer Costs -$ AE Fees -$ AE Reimbursables -$ Testing and Inspections -$ Geotech -$ Building Permit -$ Sewer District Design Fee -$ Sewer Connection Fee -$ ACHD Road Trust -$ Idaho Power Fees -$ Century Link Fee Estimate -$ Intermountain Gas Fee -$ Other FF&E Items -$ Off-Site Utility Cost -$ Commissioning -$ Builder's Risk -$ Owner Provided/Installed Items (Entry Feature, Sculptures, Site Fu 35,000$ -$ OWNER COST TOTAL 154,000$ TOTAL = GMP + Alt + OWNER COSTS 1,490,327$ OWNER CONSTRUCTION COSTS - NOT INCLUDED IN ESI GMP GENERAL CONTRACTORS / CONSTRUCTION MANAGERS / DESIGN BUILD 3330 E. Louise Drive, Suite 300, Meridian, ID 83642 Phone (208) 362-3040 FAX (208) 362-3113 www.esiconstruction.com “Experience ... Service ... Integrity” LICENSES: AK, AR, AZ, CA, CO, CT, FL, GA, HI, IA, ID, IL, IN, KS, KY, LA, MA, MD, ME, MN, MO, MT, ND, NE, NV, NM, OH, OK, OR, PA, SC, SD, TN, TX, UT, VA, VT, WA, WI, WY AK 27938 AZ ROC 132139 CA 696242 CT 902484 HI BC-29254 ID RCE-3108 NM 88125 NV 24265B OR CCB 77160 WA ENGINSI152K2 WV 47456 Reta Huskey Park Exhibit B to GMP Amendment No. 1 CLARIFICATIONS & ASSUMPTIONS This clarification narrative should be reviewed in conjunction with the AIA A133-2009 GMP Amendment and associated exhibits for the Reta Huskey Park dated July 13, 2016. During the scope analysis and bidding process, in consideration of the information provided, ESI made educated assumptions in order to arrive at a GMP proposal. Clarification of those items are highlighted below: CLARIFICATIONS/ASSUMPTIONS A.The following list of items are not covered in our proposal and is assumed with the Owner: 1.Builders Risk Insurance 2.Permit and Review Fees (including utility tap fees) 3.Special Testing and Inspections 4.Hazardous material removal 5.Utility work not shown on the Bid Set Civil or Electrical Drawings, i.e. Idaho Power, Century Link, Intermountain Gas, etc. 6.ACHD Fees 7.All other items identified on “Exhibit A to GMP Amendment No. 1” B.It is assumed that the fire hydrants on Tubac Drive will be available for temporary water for the project. C.Any temporary power “drop” fees required by Idaho Power will be coordinated by ESI as a reimbursable expense. D.Creason Tiling will be completed prior to the commencement of ESI’s work. E.Estimated dirt quantities are based on the topographical information found in the approved plans provided. Additional soil materials required for differing site conditions will be a reimbursable expense. F.Costs above allowances will be reimbursable expenses. G.Upon execution of the GMP Amendment, as clarified by these qualifications, all construction shall be in accordance with the approved plans, specifications and per the geotechnical investigation. MERIDIAN, ID DOCUMENT DATE 01. DRAWINGS 0.0-COVER SHEET 11/16/2016 C1.0-COVER SHEET 11/16/2016 C1.1-NOTES 11/16/2016 C1.2-TOPOGRAPHIC SURVEY 11/16/2016 C.GD.0-OVERALL GRADING DRAINAGE PLAN 11/16/2016 C.GD.1-GRADING DRAINAGE PLAN-AREA A 11/16/2016 C.GD.2-GRADING DRAINAGE PLAN-AREA B 11/16/2016 C.GD.3-GRADING DRAINAGE PLAN-AREA C 11/16/2016 C.GD.4-GRADING DRAINAGE PLAN-AREA D 11/16/2016 C.GD.5-GRADING DRAINAGE PLAN-AREA E F 11/16/2016 C.DT.1-DETAILS-1 11/16/2016 C.DT.2-DETAILS-2 11/16/2016 C.DT.3-DETAILS-3 11/16/2016 C.DT.4-DETAILS-4 11/16/2016 C.UT.1-UTILITY RECYCLED WATER PLAN 11/16/2016 ESC.1-SWPPP-COVER SHEET 11/16/2016 ESC.2-SWPPP-PLAN SHEET 11/16/2016 ESC.3-SWPPP-BMP S 11/16/2016 L1.1-SITE-LANDSCAPE PLAN-AREA 1 11/16/2016 L1.2-SITE-LANDSCAPE PLAN-AREA 2 11/16/2016 L1.3-SITE-LANDSCAPE PLAN-AREA 3 11/16/2016 L1.4-SITE-LAYOUT PLAN-AREA 3 11/16/2016 L1.5-SITE-LANDSCAPE DETAILS 11/16/2016 L2.1-IRRIGATION PLAN-AREA 1 11/16/2016 L2.2-IRRIGATION PLAN-AREA 2 11/16/2016 L2.3-IRRIGATION PLAN-AREA 3 11/16/2016 A1.1-PLAN VIEWS 11/16/2016 A1.2-PLAN VIEWS 11/16/2016 A2.1-BUILDING SECTION 11/16/2016 A2.2-BUILDING SECTION DETAILS 11/16/2016 A2.3-DETAILS 11/16/2016 A2.4-DETAILS 11/16/2016 A3.1-EXTERIOR ELEVATIONS 11/16/2016 A4.1-GENERAL STRUCTURAL NOTES-SCHEDULES 11/16/2016 MG0.0-MECHANICAL COVER SHEET 11/16/2016 MG0.1-ENERGY CODE COMPLIANCE 11/16/2016 M1.0-MECHANICAL PLANS 11/16/2016 M2.0-MECHANICAL DETAILS 11/16/2016 M3.0-MECHANICAL SCHEDULES 11/16/2016 EG0.0-ELECTRICAL COVER SHEET 11/16/2016 EG0.1-LIGHTING COMPLIANCE REPORT 11/16/2016 E1.0-ELECTRICAL SITE PLANS 11/16/2016 RETA HUSKEY PARK EXHIBIT C TO AMENDMENT NO. 1 Page 1 of 2 MERIDIAN, ID DOCUMENT DATE RETA HUSKEY PARK EXHIBIT C TO AMENDMENT NO. 1 E2.0-ELECTRICAL PLANS 11/16/2016 02. BID SPECIFICATIONS Reta Huskey Park - Project Manual PERMIT SET Specifications 11-16-16 11/16/2016 03. BIDDING MANUAL Reta Husky Park Bidding Manual 12/12/2016 04. GEOTECH REPORT Reta Huskey Park - Geotech Report 10/4/2016 05. ADDENDUM 01 Reta Huskey Park - Addendum No. 1 12.23.2016 12/23/2016 06. ADDENDUM 02 Reta Huskey Park - Addendum No. 2 1/12/2017 07. CAD FILES 16-67 Isola Park Topo.dwg 16019 FlrPlan-site.dwg ACHD APPROVAL.dwg BELLANO-JBA TITLE BLOCK.dwg BELLANO PARK - CIVIL BASE.dwg BELLANO PARK - GRADING.dwg DIGLINE.dwg ECI-160121-Base.dwg ECI LOGO.dwg MERIDIAN APPROVAL.dwg Mono Half Size.ctb Reta Huskey Park - JBA BASE.dwg Page 2 of 2 1 of 2 BP #Scope Apparent Low BP-01 Site Work / Site Utilities / Asphalt 316,500$ BP-02 Fences and Gates 8,990$ BP-03 Playground Equipment 73,292$ BP-04 Recreational Surfacing 10,000$ BP-05 Exterior Athletic Equipment 9,000$ BP-06 Landscape and Irrigation 208,275$ BP-07 Site and Structure Concrete 91,758$ BP-08 Masonry 34,723$ BP-09 Rough Carpentry & Thermal Insulation 18,277$ BP-10 Metal Roofing 33,710$ BP-11 Doors, Frames & Hardware 6,490$ BP-12 Painting - Interior & Exterior 3,931$ BP-13 Division 10 Specialties 1,330$ BP-14 Shade Shelter 59,886$ BP-15 Plumbing 15,635$ BP-16 HVAC 9,141$ BP-17 Electrical 21,079$ BID PACKAGE SUBTOTAL 922,017$ Surveying Allowance 9,360$ Dirt Allowance 75,000$ Temporary Construction Fencing Allowance (Approx. 1,188 LF)9,504$ Final Clean Allowance 2,500$ HARD COST SUBTOTAL 1,018,381$ Project General Conditions 137,071$ 2,500$ Subcontractor Bond Costs -$ 10,515$ 9,668$ SUBTOTAL 1,178,135$ 68,778$ Construction Contingency 48,144$ ESI Preconstruction Services 15,000$ TOTAL - GMP (incl. $8,285 for irrigation alternate)1,310,057$ 26,270$ PROJECT TOTAL W/ ALTERNATE 1,336,327$ Add Alternate 1 - Irrigation Connection to Reclaimed Water ADD ALTERNATE PRICING Reta Huskey Neighborhood Park Meridian, ID January 17th, 2017 Bids due 2:00 pm BASE BID PRICING Warranty ESI Payment and Performance Bond General Liability Contractor's Fee - 5.25% Exhibit A to Amendment No. 1 2 of 2 Reta Huskey Neighborhood Park Meridian, ID January 17th, 2017 Bids due 2:00 pm Exhibit A to Amendment No. 1 Creason Tiling Completed Work 74,000$ Testing and Inspections 10,000$ Owner / Design Contingency 35,000$ Land Costs -$ Developer Costs -$ AE Fees -$ AE Reimbursables -$ Testing and Inspections -$ Geotech -$ Building Permit -$ Sewer District Design Fee -$ Sewer Connection Fee -$ ACHD Road Trust -$ Idaho Power Fees -$ Century Link Fee Estimate -$ Intermountain Gas Fee -$ Other FF&E Items -$ Off-Site Utility Cost -$ Commissioning -$ Builder's Risk -$ Owner Provided/Installed Items (Entry Feature, Sculptures, Site Fu 35,000$ -$ OWNER COST TOTAL 154,000$ TOTAL = GMP + Alt + OWNER COSTS 1,490,327$ OWNER CONSTRUCTION COSTS - NOT INCLUDED IN ESI GMP GENERAL CONTRACTORS / CONSTRUCTION MANAGERS / DESIGN BUILD 3330 E. Louise Drive, Suite 300, Meridian, ID 83642 Phone (208) 362-3040 FAX (208) 362-3113 www.esiconstruction.com “Experience ... Service ... Integrity” LICENSES: AK, AR, AZ, CA, CO, CT, FL, GA, HI, IA, ID, IL, IN, KS, KY, LA, MA, MD, ME, MN, MO, MT, ND, NE, NV, NM, OH, OK, OR, PA, SC, SD, TN, TX, UT, VA, VT, WA, WI, WY AK 27938 AZ ROC 132139 CA 696242 CT 902484 HI BC-29254 ID RCE-3108 NM 88125 NV 24265B OR CCB 77160 WA ENGINSI152K2 WV 47456 Reta Huskey Park Exhibit B to GMP Amendment No. 1 CLARIFICATIONS & ASSUMPTIONS This clarification narrative should be reviewed in conjunction with the AIA A133-2009 GMP Amendment and associated exhibits for the Reta Huskey Park dated July 13, 2016. During the scope analysis and bidding process, in consideration of the information provided, ESI made educated assumptions in order to arrive at a GMP proposal. Clarification of those items are highlighted below: CLARIFICATIONS/ASSUMPTIONS A.The following list of items are not covered in our proposal and is assumed with the Owner: 1.Builders Risk Insurance 2.Permit and Review Fees (including utility tap fees) 3.Special Testing and Inspections 4.Hazardous material removal 5.Utility work not shown on the Bid Set Civil or Electrical Drawings, i.e. Idaho Power, Century Link, Intermountain Gas, etc. 6.ACHD Fees 7.All other items identified on “Exhibit A to GMP Amendment No. 1” B.It is assumed that the fire hydrants on Tubac Drive will be available for temporary water for the project. C.Any temporary power “drop” fees required by Idaho Power will be coordinated by ESI as a reimbursable expense. D.Creason Tiling will be completed prior to the commencement of ESI’s work. E.Estimated dirt quantities are based on the topographical information found in the approved plans provided. Additional soil materials required for differing site conditions will be a reimbursable expense. F.Costs above allowances will be reimbursable expenses. G.Upon execution of the GMP Amendment, as clarified by these qualifications, all construction shall be in accordance with the approved plans, specifications and per the geotechnical investigation. Date AIA Document A133*" —2000 Exhibit A. Copyright O 1991, 2003 and 2009 by The American Institute of Architects. All ri Mit. AIA4 Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or d str any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent p t document was produced by AIA software at 18:11:45 on 0112412017 under Order No.5334084385_t which expires on 11f3 User Notes; reserved. WARNING; This, m of this AIAP Document, or 3 Is under the law. This 7, and Is not for resole. (1884108654) 1 of 2 BP #Scope Apparent Low BP-01 Site Work / Site Utilities / Asphalt 316,500$ BP-02 Fences and Gates 8,990$ BP-03 Playground Equipment 73,292$ BP-04 Recreational Surfacing 10,000$ BP-05 Exterior Athletic Equipment 9,000$ BP-06 Landscape and Irrigation 208,275$ BP-07 Site and Structure Concrete 91,758$ BP-08 Masonry 34,723$ BP-09 Rough Carpentry & Thermal Insulation 18,277$ BP-10 Metal Roofing 33,710$ BP-11 Doors, Frames & Hardware 6,490$ BP-12 Painting - Interior & Exterior 3,931$ BP-13 Division 10 Specialties 1,330$ BP-14 Shade Shelter 59,886$ BP-15 Plumbing 15,635$ BP-16 HVAC 9,141$ BP-17 Electrical 21,079$ BID PACKAGE SUBTOTAL 922,017$ Surveying Allowance 9,360$ Dirt Allowance 75,000$ Temporary Construction Fencing Allowance (Approx. 1,188 LF)9,504$ Final Clean Allowance 2,500$ HARD COST SUBTOTAL 1,018,381$ Project General Conditions 137,071$ 2,500$ Subcontractor Bond Costs -$ 10,515$ 9,668$ SUBTOTAL 1,178,135$ 68,778$ Construction Contingency 48,144$ ESI Preconstruction Services 15,000$ TOTAL - GMP (incl. $8,285 for irrigation alternate)1,310,057$ 26,270$ PROJECT TOTAL W/ ALTERNATE 1,336,327$ Add Alternate 1 - Irrigation Connection to Reclaimed Water ADD ALTERNATE PRICING Reta Huskey Neighborhood Park Meridian, ID January 17th, 2017 Bids due 2:00 pm BASE BID PRICING Warranty ESI Payment and Performance Bond General Liability Contractor's Fee - 5.25% Exhibit A to Amendment No. 1 2 of 2 Reta Huskey Neighborhood Park Meridian, ID January 17th, 2017 Bids due 2:00 pm Exhibit A to Amendment No. 1 Creason Tiling Completed Work 74,000$ Testing and Inspections 10,000$ Owner / Design Contingency 35,000$ Land Costs -$ Developer Costs -$ AE Fees -$ AE Reimbursables -$ Testing and Inspections -$ Geotech -$ Building Permit -$ Sewer District Design Fee -$ Sewer Connection Fee -$ ACHD Road Trust -$ Idaho Power Fees -$ Century Link Fee Estimate -$ Intermountain Gas Fee -$ Other FF&E Items -$ Off-Site Utility Cost -$ Commissioning -$ Builder's Risk -$ Owner Provided/Installed Items (Entry Feature, Sculptures, Site Fu 35,000$ -$ OWNER COST TOTAL 154,000$ TOTAL = GMP + Alt + OWNER COSTS 1,490,327$ OWNER CONSTRUCTION COSTS - NOT INCLUDED IN ESI GMP GENERAL CONTRACTORS / CONSTRUCTION MANAGERS / DESIGN BUILD 3330 E. Louise Drive, Suite 300, Meridian, ID 83642 Phone (208) 362-3040 FAX (208) 362-3113 www.esiconstruction.com “Experience ... Service ... Integrity” LICENSES: AK, AR, AZ, CA, CO, CT, FL, GA, HI, IA, ID, IL, IN, KS, KY, LA, MA, MD, ME, MN, MO, MT, ND, NE, NV, NM, OH, OK, OR, PA, SC, SD, TN, TX, UT, VA, VT, WA, WI, WY AK 27938 AZ ROC 132139 CA 696242 CT 902484 HI BC-29254 ID RCE-3108 NM 88125 NV 24265B OR CCB 77160 WA ENGINSI152K2 WV 47456 Reta Huskey Park Exhibit B to GMP Amendment No. 1 CLARIFICATIONS & ASSUMPTIONS This clarification narrative should be reviewed in conjunction with the AIA A133-2009 GMP Amendment and associated exhibits for the Reta Huskey Park dated July 13, 2016. During the scope analysis and bidding process, in consideration of the information provided, ESI made educated assumptions in order to arrive at a GMP proposal. Clarification of those items are highlighted below: CLARIFICATIONS/ASSUMPTIONS A.The following list of items are not covered in our proposal and is assumed with the Owner: 1.Builders Risk Insurance 2.Permit and Review Fees (including utility tap fees) 3.Special Testing and Inspections 4.Hazardous material removal 5.Utility work not shown on the Bid Set Civil or Electrical Drawings, i.e. Idaho Power, Century Link, Intermountain Gas, etc. 6.ACHD Fees 7.All other items identified on “Exhibit A to GMP Amendment No. 1” B.It is assumed that the fire hydrants on Tubac Drive will be available for temporary water for the project. C.Any temporary power “drop” fees required by Idaho Power will be coordinated by ESI as a reimbursable expense. D.Creason Tiling will be completed prior to the commencement of ESI’s work. E.Estimated dirt quantities are based on the topographical information found in the approved plans provided. Additional soil materials required for differing site conditions will be a reimbursable expense. F.Costs above allowances will be reimbursable expenses. G.Upon execution of the GMP Amendment, as clarified by these qualifications, all construction shall be in accordance with the approved plans, specifications and per the geotechnical investigation. MERIDIAN, ID DOCUMENT DATE 01. DRAWINGS 0.0-COVER SHEET 11/16/2016 C1.0-COVER SHEET 11/16/2016 C1.1-NOTES 11/16/2016 C1.2-TOPOGRAPHIC SURVEY 11/16/2016 C.GD.0-OVERALL GRADING DRAINAGE PLAN 11/16/2016 C.GD.1-GRADING DRAINAGE PLAN-AREA A 11/16/2016 C.GD.2-GRADING DRAINAGE PLAN-AREA B 11/16/2016 C.GD.3-GRADING DRAINAGE PLAN-AREA C 11/16/2016 C.GD.4-GRADING DRAINAGE PLAN-AREA D 11/16/2016 C.GD.5-GRADING DRAINAGE PLAN-AREA E F 11/16/2016 C.DT.1-DETAILS-1 11/16/2016 C.DT.2-DETAILS-2 11/16/2016 C.DT.3-DETAILS-3 11/16/2016 C.DT.4-DETAILS-4 11/16/2016 C.UT.1-UTILITY RECYCLED WATER PLAN 11/16/2016 ESC.1-SWPPP-COVER SHEET 11/16/2016 ESC.2-SWPPP-PLAN SHEET 11/16/2016 ESC.3-SWPPP-BMP S 11/16/2016 L1.1-SITE-LANDSCAPE PLAN-AREA 1 11/16/2016 L1.2-SITE-LANDSCAPE PLAN-AREA 2 11/16/2016 L1.3-SITE-LANDSCAPE PLAN-AREA 3 11/16/2016 L1.4-SITE-LAYOUT PLAN-AREA 3 11/16/2016 L1.5-SITE-LANDSCAPE DETAILS 11/16/2016 L2.1-IRRIGATION PLAN-AREA 1 11/16/2016 L2.2-IRRIGATION PLAN-AREA 2 11/16/2016 L2.3-IRRIGATION PLAN-AREA 3 11/16/2016 A1.1-PLAN VIEWS 11/16/2016 A1.2-PLAN VIEWS 11/16/2016 A2.1-BUILDING SECTION 11/16/2016 A2.2-BUILDING SECTION DETAILS 11/16/2016 A2.3-DETAILS 11/16/2016 A2.4-DETAILS 11/16/2016 A3.1-EXTERIOR ELEVATIONS 11/16/2016 A4.1-GENERAL STRUCTURAL NOTES-SCHEDULES 11/16/2016 MG0.0-MECHANICAL COVER SHEET 11/16/2016 MG0.1-ENERGY CODE COMPLIANCE 11/16/2016 M1.0-MECHANICAL PLANS 11/16/2016 M2.0-MECHANICAL DETAILS 11/16/2016 M3.0-MECHANICAL SCHEDULES 11/16/2016 EG0.0-ELECTRICAL COVER SHEET 11/16/2016 EG0.1-LIGHTING COMPLIANCE REPORT 11/16/2016 E1.0-ELECTRICAL SITE PLANS 11/16/2016 RETA HUSKEY PARK EXHIBIT C TO AMENDMENT NO. 1 Page 1 of 2 MERIDIAN, ID DOCUMENT DATE RETA HUSKEY PARK EXHIBIT C TO AMENDMENT NO. 1 E2.0-ELECTRICAL PLANS 11/16/2016 02. BID SPECIFICATIONS Reta Huskey Park - Project Manual PERMIT SET Specifications 11-16-16 11/16/2016 03. BIDDING MANUAL Reta Husky Park Bidding Manual 12/12/2016 04. GEOTECH REPORT Reta Huskey Park - Geotech Report 10/4/2016 05. ADDENDUM 01 Reta Huskey Park - Addendum No. 1 12.23.2016 12/23/2016 06. ADDENDUM 02 Reta Huskey Park - Addendum No. 2 1/12/2017 07. CAD FILES 16-67 Isola Park Topo.dwg 16019 FlrPlan-site.dwg ACHD APPROVAL.dwg BELLANO-JBA TITLE BLOCK.dwg BELLANO PARK - CIVIL BASE.dwg BELLANO PARK - GRADING.dwg DIGLINE.dwg ECI-160121-Base.dwg ECI LOGO.dwg MERIDIAN APPROVAL.dwg Mono Half Size.ctb Reta Huskey Park - JBA BASE.dwg Page 2 of 2 1 of 2 BP #Scope Apparent Low BP-01 Site Work / Site Utilities / Asphalt 316,500$ BP-02 Fences and Gates 8,990$ BP-03 Playground Equipment 73,292$ BP-04 Recreational Surfacing 10,000$ BP-05 Exterior Athletic Equipment 9,000$ BP-06 Landscape and Irrigation 208,275$ BP-07 Site and Structure Concrete 91,758$ BP-08 Masonry 34,723$ BP-09 Rough Carpentry & Thermal Insulation 18,277$ BP-10 Metal Roofing 33,710$ BP-11 Doors, Frames & Hardware 6,490$ BP-12 Painting - Interior & Exterior 3,931$ BP-13 Division 10 Specialties 1,330$ BP-14 Shade Shelter 59,886$ BP-15 Plumbing 15,635$ BP-16 HVAC 9,141$ BP-17 Electrical 21,079$ BID PACKAGE SUBTOTAL 922,017$ Surveying Allowance 9,360$ Dirt Allowance 75,000$ Temporary Construction Fencing Allowance (Approx. 1,188 LF)9,504$ Final Clean Allowance 2,500$ HARD COST SUBTOTAL 1,018,381$ Project General Conditions 137,071$ 2,500$ Subcontractor Bond Costs -$ 10,515$ 9,668$ SUBTOTAL 1,178,135$ 68,778$ Construction Contingency 48,144$ ESI Preconstruction Services 15,000$ TOTAL - GMP (incl. $8,285 for irrigation alternate)1,310,057$ 26,270$ PROJECT TOTAL W/ ALTERNATE 1,336,327$ Add Alternate 1 - Irrigation Connection to Reclaimed Water ADD ALTERNATE PRICING Reta Huskey Neighborhood Park Meridian, ID January 17th, 2017 Bids due 2:00 pm BASE BID PRICING Warranty ESI Payment and Performance Bond General Liability Contractor's Fee - 5.25% Exhibit A to Amendment No. 1 2 of 2 Reta Huskey Neighborhood Park Meridian, ID January 17th, 2017 Bids due 2:00 pm Exhibit A to Amendment No. 1 Creason Tiling Completed Work 74,000$ Testing and Inspections 10,000$ Owner / Design Contingency 35,000$ Land Costs -$ Developer Costs -$ AE Fees -$ AE Reimbursables -$ Testing and Inspections -$ Geotech -$ Building Permit -$ Sewer District Design Fee -$ Sewer Connection Fee -$ ACHD Road Trust -$ Idaho Power Fees -$ Century Link Fee Estimate -$ Intermountain Gas Fee -$ Other FF&E Items -$ Off-Site Utility Cost -$ Commissioning -$ Builder's Risk -$ Owner Provided/Installed Items (Entry Feature, Sculptures, Site Fu 35,000$ -$ OWNER COST TOTAL 154,000$ TOTAL = GMP + Alt + OWNER COSTS 1,490,327$ OWNER CONSTRUCTION COSTS - NOT INCLUDED IN ESI GMP GENERAL CONTRACTORS / CONSTRUCTION MANAGERS / DESIGN BUILD 3330 E. Louise Drive, Suite 300, Meridian, ID 83642 Phone (208) 362-3040 FAX (208) 362-3113 www.esiconstruction.com “Experience ... Service ... Integrity” LICENSES: AK, AR, AZ, CA, CO, CT, FL, GA, HI, IA, ID, IL, IN, KS, KY, LA, MA, MD, ME, MN, MO, MT, ND, NE, NV, NM, OH, OK, OR, PA, SC, SD, TN, TX, UT, VA, VT, WA, WI, WY AK 27938 AZ ROC 132139 CA 696242 CT 902484 HI BC-29254 ID RCE-3108 NM 88125 NV 24265B OR CCB 77160 WA ENGINSI152K2 WV 47456 Reta Huskey Park Exhibit B to GMP Amendment No. 1 CLARIFICATIONS & ASSUMPTIONS This clarification narrative should be reviewed in conjunction with the AIA A133-2009 GMP Amendment and associated exhibits for the Reta Huskey Park dated July 13, 2016. During the scope analysis and bidding process, in consideration of the information provided, ESI made educated assumptions in order to arrive at a GMP proposal. Clarification of those items are highlighted below: CLARIFICATIONS/ASSUMPTIONS A.The following list of items are not covered in our proposal and is assumed with the Owner: 1.Builders Risk Insurance 2.Permit and Review Fees (including utility tap fees) 3.Special Testing and Inspections 4.Hazardous material removal 5.Utility work not shown on the Bid Set Civil or Electrical Drawings, i.e. Idaho Power, Century Link, Intermountain Gas, etc. 6.ACHD Fees 7.All other items identified on “Exhibit A to GMP Amendment No. 1” B.It is assumed that the fire hydrants on Tubac Drive will be available for temporary water for the project. C.Any temporary power “drop” fees required by Idaho Power will be coordinated by ESI as a reimbursable expense. D.Creason Tiling will be completed prior to the commencement of ESI’s work. E.Estimated dirt quantities are based on the topographical information found in the approved plans provided. Additional soil materials required for differing site conditions will be a reimbursable expense. F.Costs above allowances will be reimbursable expenses. G.Upon execution of the GMP Amendment, as clarified by these qualifications, all construction shall be in accordance with the approved plans, specifications and per the geotechnical investigation. MERIDIAN, ID DOCUMENT DATE 01. DRAWINGS 0.0-COVER SHEET 11/16/2016 C1.0-COVER SHEET 11/16/2016 C1.1-NOTES 11/16/2016 C1.2-TOPOGRAPHIC SURVEY 11/16/2016 C.GD.0-OVERALL GRADING DRAINAGE PLAN 11/16/2016 C.GD.1-GRADING DRAINAGE PLAN-AREA A 11/16/2016 C.GD.2-GRADING DRAINAGE PLAN-AREA B 11/16/2016 C.GD.3-GRADING DRAINAGE PLAN-AREA C 11/16/2016 C.GD.4-GRADING DRAINAGE PLAN-AREA D 11/16/2016 C.GD.5-GRADING DRAINAGE PLAN-AREA E F 11/16/2016 C.DT.1-DETAILS-1 11/16/2016 C.DT.2-DETAILS-2 11/16/2016 C.DT.3-DETAILS-3 11/16/2016 C.DT.4-DETAILS-4 11/16/2016 C.UT.1-UTILITY RECYCLED WATER PLAN 11/16/2016 ESC.1-SWPPP-COVER SHEET 11/16/2016 ESC.2-SWPPP-PLAN SHEET 11/16/2016 ESC.3-SWPPP-BMP S 11/16/2016 L1.1-SITE-LANDSCAPE PLAN-AREA 1 11/16/2016 L1.2-SITE-LANDSCAPE PLAN-AREA 2 11/16/2016 L1.3-SITE-LANDSCAPE PLAN-AREA 3 11/16/2016 L1.4-SITE-LAYOUT PLAN-AREA 3 11/16/2016 L1.5-SITE-LANDSCAPE DETAILS 11/16/2016 L2.1-IRRIGATION PLAN-AREA 1 11/16/2016 L2.2-IRRIGATION PLAN-AREA 2 11/16/2016 L2.3-IRRIGATION PLAN-AREA 3 11/16/2016 A1.1-PLAN VIEWS 11/16/2016 A1.2-PLAN VIEWS 11/16/2016 A2.1-BUILDING SECTION 11/16/2016 A2.2-BUILDING SECTION DETAILS 11/16/2016 A2.3-DETAILS 11/16/2016 A2.4-DETAILS 11/16/2016 A3.1-EXTERIOR ELEVATIONS 11/16/2016 A4.1-GENERAL STRUCTURAL NOTES-SCHEDULES 11/16/2016 MG0.0-MECHANICAL COVER SHEET 11/16/2016 MG0.1-ENERGY CODE COMPLIANCE 11/16/2016 M1.0-MECHANICAL PLANS 11/16/2016 M2.0-MECHANICAL DETAILS 11/16/2016 M3.0-MECHANICAL SCHEDULES 11/16/2016 EG0.0-ELECTRICAL COVER SHEET 11/16/2016 EG0.1-LIGHTING COMPLIANCE REPORT 11/16/2016 E1.0-ELECTRICAL SITE PLANS 11/16/2016 RETA HUSKEY PARK EXHIBIT C TO AMENDMENT NO. 1 Page 1 of 2 MERIDIAN, ID DOCUMENT DATE 01. DRAWINGS 0.0-COVER SHEET 11/16/2016 C1.0-COVER SHEET 11/16/2016 C1.1-NOTES 11/16/2016 C1.2-TOPOGRAPHIC SURVEY 11/16/2016 C.GD.0-OVERALL GRADING DRAINAGE PLAN 11/16/2016 C.GD.1-GRADING DRAINAGE PLAN-AREA A 11/16/2016 C.GD.2-GRADING DRAINAGE PLAN-AREA B 11/16/2016 C.GD.3-GRADING DRAINAGE PLAN-AREA C 11/16/2016 C.GD.4-GRADING DRAINAGE PLAN-AREA D 11/16/2016 C.GD.5-GRADING DRAINAGE PLAN-AREA E F 11/16/2016 C.DT.1-DETAILS-1 11/16/2016 C.DT.2-DETAILS-2 11/16/2016 C.DT.3-DETAILS-3 11/16/2016 C.DT.4-DETAILS-4 11/16/2016 C.UT.1-UTILITY RECYCLED WATER PLAN 11/16/2016 ESC.1-SWPPP-COVER SHEET 11/16/2016 ESC.2-SWPPP-PLAN SHEET 11/16/2016 ESC.3-SWPPP-BMP S 11/16/2016 L1.1-SITE-LANDSCAPE PLAN-AREA 1 11/16/2016 L1.2-SITE-LANDSCAPE PLAN-AREA 2 11/16/2016 L1.3-SITE-LANDSCAPE PLAN-AREA 3 11/16/2016 L1.4-SITE-LAYOUT PLAN-AREA 3 11/16/2016 L1.5-SITE-LANDSCAPE DETAILS 11/16/2016 L2.1-IRRIGATION PLAN-AREA 1 11/16/2016 L2.2-IRRIGATION PLAN-AREA 2 11/16/2016 L2.3-IRRIGATION PLAN-AREA 3 11/16/2016 A1.1-PLAN VIEWS 11/16/2016 A1.2-PLAN VIEWS 11/16/2016 A2.1-BUILDING SECTION 11/16/2016 A2.2-BUILDING SECTION DETAILS 11/16/2016 A2.3-DETAILS 11/16/2016 A2.4-DETAILS 11/16/2016 A3.1-EXTERIOR ELEVATIONS 11/16/2016 A4.1-GENERAL STRUCTURAL NOTES-SCHEDULES 11/16/2016 MG0.0-MECHANICAL COVER SHEET 11/16/2016 MG0.1-ENERGY CODE COMPLIANCE 11/16/2016 M1.0-MECHANICAL PLANS 11/16/2016 M2.0-MECHANICAL DETAILS 11/16/2016 M3.0-MECHANICAL SCHEDULES 11/16/2016 EG0.0-ELECTRICAL COVER SHEET 11/16/2016 EG0.1-LIGHTING COMPLIANCE REPORT 11/16/2016 E1.0-ELECTRICAL SITE PLANS 11/16/2016 RETA HUSKEY PARK EXHIBIT C TO AMENDMENT NO. 1 Page 1 of 2 MERIDIAN, ID DOCUMENT DATE RETA HUSKEY PARK EXHIBIT C TO AMENDMENT NO. 1 E2.0-ELECTRICAL PLANS 11/16/2016 02. BID SPECIFICATIONS Reta Huskey Park - Project Manual PERMIT SET Specifications 11-16-16 11/16/2016 03. BIDDING MANUAL Reta Husky Park Bidding Manual 12/12/2016 04. GEOTECH REPORT Reta Huskey Park - Geotech Report 10/4/2016 05. ADDENDUM 01 Reta Huskey Park - Addendum No. 1 12.23.2016 12/23/2016 06. ADDENDUM 02 Reta Huskey Park - Addendum No. 2 1/12/2017 07. CAD FILES 16-67 Isola Park Topo.dwg 16019 FlrPlan-site.dwg ACHD APPROVAL.dwg BELLANO-JBA TITLE BLOCK.dwg BELLANO PARK - CIVIL BASE.dwg BELLANO PARK - GRADING.dwg DIGLINE.dwg ECI-160121-Base.dwg ECI LOGO.dwg MERIDIAN APPROVAL.dwg Mono Half Size.ctb Reta Huskey Park - JBA BASE.dwg Page 2 of 2 Reta Huskey Neighborhood Park CAVI E IDR IAN,— Cost Description Amount Guaranteed Maximum Price $ 1,336,327 Creason Tiling Work- Material Only $ 74,000 Architectural & Engineering Fees (A & E) $ 69,123 Owner Provided Items - Site Furnishings, Etc. $ 70,000 Total Costs $ 1,549,450 Budget Description Amount FY2016 Enhancement - A & E $ 88,593 FY2017 Enhancement - Park Construction $ 1,357,000 Total Enhancements $ 1,445,593 Additional Budget Required Amount FY2017 Budget Amendment $ 103,857 Community Contributions/Partnerships Amount Land Donation - 8.5 Acres - Coleman Homes $ 297,000 Nampa -Meridian Irrigation District - Labor for Creason Tiling $ 100,000 Developer Provided Pathways - Coleman Homes $ 75,000 Total Community Contributions/Partnerships $ 472,000 Cost Per Acre Before Community Contributions/Partnerships Amount $1,549,450 + $472,000 / 8.5 $ 237,818 Cost Per Acre Amount $1,549,450 / 8.5 $ 182,288 1/31/2017 n O Q N TI N J co a (n (D D 3 (D Q 3 (D 7 T O 3 ;n O O O O O O n T co O O O O V V T A7 C O O o 0 0 0 J Q. 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O tQ 7 000=� 7 (0 U rt ^ ^D N (D N <n v to to Ci 1 3t v U � l , CD T \ � C O (D CDm c Q a (D Z) rt T m N O 1 O rn N W 1.i CD r -b O 3 CD TI? CD �T 11 O H O � N � rt � o 7 m O •* 3 O * v 7 D4 ( D ror (D p p W 7 (D a (D a = G N 0 C n v 'Y 3 rF 3 D ° (rD C :z p a C -- Z 3 c 3 a. �1 �! a rro Q m O o ? 3 3 S a ° �• c 3 c ° o e T 3 (D o (D i m a ro m a 3 a n '0 * r `0 ° e ° c 0 ;; nc 3 77 � CD :3 :3 n c 3 rte^. o u U(D x D D o C 1 z° ° O_ Q D m n ° D (D c (D M fD FM a n m om° = Ln o o rb C Et rt. O tQ 000=� (0 U rt H Ci 1 3t v U � l , CD T \ � C O (D CDm c Q a (D Z) rt T m N O 1 O rn N W 1.i CD r -b 3 CD TI? CD �T 11 O H 7� -I E O U - ^c W c a) Q 0) co W T O U- C caN 75 O N 0 N r c o c 4a o v u U d' N -DC, O O @ U N ,= L L m CL t a/ Nt Z v c Z ai > E t ca 7 0_ _ v m CI � al CY N 1- .0 v t tea 3 N .0 v 0 -4 t ,v o 3 gpyq N U 0 N 1. O u � � hD € h0 C C fu L N Oa) L U 0. O 0 C 'C O O 0 a) ++ O 0 O bA 5 L L � 0 U m m bn "a 0 E -0 a) Z L Y w L3 CL : 3 � � s o > 0 v a E Y cui 0 N 7 ,0 � C E aj C Y N L 00 E Q o m > bn ou m 'o o m F 0 Y 00 v n c tD OC O g� hD o c a 3 a^-1 OU ,a O o v NQ g 0 o 0 o Q. Nv a) m m 3 bD 'bn Ytocj� C :p U aD C , N -0 U1 -C 0_ 41 o o L U N c Ou X Q N C C: "o o +1 m m m W N a hD N Q v c 'fl r - LM 0 tri t-4 V). is U? v h h` 0 0 v V u v t F+ O a) v E c E a v .3 0 m 0 v m Lo_ n9 CL Q ti N g ° 0 `^ a Cf u ° c u° v CL d E ++m _v u 7 rpt' G m IQ 0 0 v V u v t F+ O a) v E c E a v .3 0 m 0 Meridian City Council Meeting DATE: February 7, 2017 ITEM NUMBER: 9G PROJECT NUMBER: ITEM TITLE: Parks and Recreation Department: Hillsdale Park Discussion Budget Amendment for Hillsdale Park Construction for a Not -to -Exceed Amount of $280,618 2. Contract Agreement between City of Meridian and The Russell Corporation as Construction Manager for Hillsdale Park for a Not -to -Exceed Amount of $1,551,754 MEETING NOTES u APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Hillsdale Park Discussion Mike Barton, MPR Parks Superintendent February 7, 2017 Approved Park Layout Cost Description Amount Guaranteed Maximum Price 1,551,754$ Preconstruction 17,350$ Architectural & Engineering Fees (A & E)76,658$ Owner Provided Items - Site Furnishings, Etc.70,000$ Owner Provided Items - Trees 14,500$ Total Costs 1,730,262$ Budget Description Amount FY2017 Enhancement 1,370,000$ FY2015 Budget Reclass from Bainbridge to Hillsdale 79,642$ Total Enhancements 1,449,642$ Additional Budget Required Amount FY2017 Budget Amendment 280,618$ Community Contributions/Partnerships Amount Land Donation - 10 Acres - YMCA via Marti Hill 350,000$ Tree Donation - Jayker Wholesale Nursery 9,576$ Park Parking Provided by WASD & YMCA 120,000$ Total Community Contributions/Partnerships 479,576$ Cost Per Acre Before Community Contributions/Partnerships Amount $1,730,262 + $479,576 / 10 220,983$ Cost Per Acre Amount $1,730,262 / 10 173,026$ Request for Council Action •Approve Budget Amendment from Park Impact Fees ~ $280,618 •Approve A133 Guaranteed Maximum Price Amendment from Russell Corporation for Park Construction ~ $1,551,754 tA-A �7,,'g a �. ll T 1 ira 1 I I I n Guaranteed Maximum Price Amendment for the following PROJECT: (Warne and address or location) Hillsdale Park Meridian, Idaho 83642 THE OWNER: (Name, legal status and address) City of Meridian THE CONSTRUCTION MANAGER: (Narue, legal status and address) The Russell Corporation 1940 S. Bonito Way, Suite 150 Meridian, Idaho 83642 ARTICLE A.1 § A.1.1 Guaranteed Maximum Price Pursuant to Section 2.2.6 of the Agreement, the Owner and Construction Manager hereby amend the Agreement to establish a Guaranteed Maxinmm Price. As agreed by the Owner and Construction Manager, the Guaranteed Maximum Price is an amount that the Contract Sum shall not exceed. The Contract Sum consists of the Construction Manager's Fee plus the Cost of the Work, as that term is defined in Article 6 of this Agreement. § A.1.1.1 The Contract Sum is guaranteed by the Construction Manager not to exceed One Million Five Hundred Sixty Nine Thousand One Hundred and Four Dollars and Zero Cents. ($ 1,569,104.00), subject to additions and deductions by Change Order as provided in the Contract Documents. GMP $1,551,754.00 Preconstruction Services $17,350.00 § A.1.1.2 Itemized Statement of the Guaranteed Maximum Price. Provided below is an itemized statement of the Guaranteed Maximum Price organized by trade categories, allowances, contingencies, alternates, the Construction Manager's Fee, and other items that comprise the Guaranteed Maximum Price. (Provide below or reference an attachment) Refer to Attachment C - "Final GMP Estimate" § A.1.1.3 The Guaranteed Maximum Price is based on the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the munbers mother ideniltleation ofaccepted alternates. If tile Contract Docuutents permit the Owner to accept other alternates subsequent to the execution of ADDITIONS AND DELETIONS: The author of this document has added Information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has Important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document A201 114-2007, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. AIA Document A13V--2009 Exhibit A. Copyright ®1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This /nit. AIA- Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution or this AIA- Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This I document was produced by AIA software at 12:30:33 on 01/31/2017 under Order No. 8996072798 which expires on 01114/2018, and is not for resale. User Notes: (399ADA2E) this Amendment, attach o scheelrtle of such o_ titer alterruttes showing the amouni for' each and the (late when the. amount expires) NONE §A.1.1.4 Allowances included in the Guaranteed Maximum Price, if ally: (lde t/ fjallowance turd state. erelrrsions, if anj,, fr•ottr the allowance price) Item Price ($0:00) Exhibit § A.1.1.5 Assit4tion_s, if any, on which tate Guaranteed Maximum Price is based: Refer to At( achmentA - "Assumptions acrd Clarifications" § A,1.1.6 The Guaranteed Maximum Price is based' upon the following Supplementary and other Conditions of tate Contract, pocttment Tltle Date Pages § A.1.1.7 The Guaranteed Maximum Price is based upon the following Specifications, (Cither list the Spec?fieations,here, or refer to em e.yhibit trtwelted to this rlgreentent,) -Refer to Attachment B - "List of Drawings" Section Title Date Pages § A.1.1.8 The Guaralliteed-Maximum Price is based upon the following Drawings: (Either list the Drawings here, or refer to on exhibit rtttached to this Agreement.) Refer to Attachment B - "List of Drawings" Number - Title Date § A.1.1.9 The Guaranteed Maainitim Price is based upon the following other documents and information: (List lnry other doci orews or information here, or'rerer to an exhibit atlached to this Agreement.) ARTICLE A.2 § A.2.1 The anticipated date of Substantial Completion esttililished by this Amendment: Substantial Completion 7 months i`oni Notice to Proceed. /0"Yj (fW (Printed name Grid title) 4 Q_ff1q (� V. 4 6 � Lr, CONSTR aON MAKA—UR(Si nature) Mr. Neal Russell President (Printe(l Na►ne and title) AIA,Docutnent A133'u --2009 Exhibit A. Copyright ©1991, 2003 and 2009 by The American Institute of Architects,. All rights reserved. WARNING: This Intk AIM Document Is protected by U.S. Copyright Law and international Trestles, Unauthorized reproduction ar distribution of this AIA8 Docurnent, or 2 any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible raider the law. This t document was produced by AIA software at 12:30:33 on 0-1/3112017 under Order No. 8998072798 which expires on 01/24/2018, and is not for resale. User Notes: (389ADA2D) f� ` tPt `� 0 0 � I= e o i I� D o�,������in /��1„� 2,00 F�)Shohit tJ, Preconstruction Services for the following PROJECT: (Marne and location or address) Hillsdale Park Preconstruction Phase THE OWNER: (Name, legal status and address) City of Meridian Meridian, Idaho 83642 THE CONTRACTOR: (Name, legal status and address) The Russell Corporation 1940 S Bonito Way Suite 150 Meridian, Idaho 83642 ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Consultation with an attorney is also encouraged with respect to professional licensing requirements in the jurisdiction where the Project is located. AIA Document A142- —2004 Exhibit B. Copyright ® 2004 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document is Init. protected by U.S. Copyright Law and Internatlonal Treaties. Unauthorized reproduction or dlstributlon of this AIAe Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA I software at 10:41:04 on 0.5/09/2016 under Order No.9725696861_1 which wpires on 01122/2017, and is not for resale. User Notes: (1482113593) ARTICLE B.1 SCOPE OF PRECONSTRUCTION SERVICES (Describe the Ca16•acto)-'s precatsthttction services, ifan)�) Refer to Preconstruetion Services Proposal dated June 15, 2015. ARTICLE B.2 COMPENSATION FOR PRECONSTRUCTION SERVICES The Owner shall compensate the Contractor for preconstruction services as follows: (Describe the method for determining the Contractor's compensation and indicate whether such compensation is included in the Contract Sum) Refer to Preconstmction Services Proposal dated June 15, 2015. AIA Document A142--2004 Exhibit B. Copyrighl02004 by The American Ins@ute of Architects. All rights reserved. WARNING: This AIA" Document is Init. protected by U.S. Copyright Law and Internatlonat Treaties. Unauthorized reproduction or distribution of this AIAe Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA / software at 10:41:04 on 05/09/2016 under Order No.9725696861_I which expires on 01/22/2017• and is not for resale. User Notes: (1482113593) TWE RUSSELL C ONVORAY110M Construction Management General Construction June 15, 2015 Mike Barton Parks Superintendent City of Meridian - Parks & Recreation Department 33 E. Broadway Avenue Meridian, Idaho 83642 EI Dorado Business Campus 1940 S Bohlto Way, Ste 150 Meridian, Idaho 83642 Ph. (208)323.0777 Fax(208)323-9465 www.russcorp.com E-mailed to mbarton@meridiancity.org Project: Hillsdale Park Construction Management Services Preconstruction Services Proposal Dear Mike, Thank you for selecting The Russell Corporation for the services of Construction Management as a Constructor, where the Construction Manager is at risk, on the Hillsdale Park project in Meridian, Idaho. Attached please find Exhibit A — Proposal for Preconstruction Services. It includes an understanding of the requested services and is submitted for your review. We anticipate this document being an attachment to the Agreement. We previously proposed the AIA Document A133, Standard Form of Agreement Between Owner and Construction Manager as a Constructor as revised, and the A201, General Conditions of the Contract for Construction as revised. Construction Services are not included in this proposal and will be addressed under a separate cover, as discussed. To follow up the discussion clarifying our Overhead and Profit percentages for the Construction Management Service, it is a combined five (5%) percent. This is the same percentage agreed to with the West Ada School District for its Hillsdale Elementary project. The Lump Sum price for the Preconstruction Services is $14,850.00 (fourteen thousand eight hundred and fifty dollars). The Not -to -Exceed Reimbursable budget is $2,500.00 (two thousand five hundred dollars). We look forward to reviewing this proposal with you at your earliest convenience. Again, thank you again for engaging The Russell Corporation; we look forward to a successful project. Exhibit A- Proposal for Preconstruction Services dated June 17, 2015 Idaho License 6147 -AAA -3 Nevada License 24083 CalifoiTla Liceose461144Waslnington License RUSSEC166MA IDAHO RCE -1374 �\� THE UUNNU C©UBOO UAV OON EXHIBITA June 17, 2015 Project: City of Meridian Park and Recreation Hillsdale Park a part of the WASD/YMCA campus development near Eagle Road and Amity Road in Meridian. Proposal for: Preconstruction Services This proposal is for the Preconstruction Services portion of The Russell Corporation entering into an Agreement as a Construction Manager as Constructor (CM/GC) with the City of Meridian to construct its Hillsdale Park Project, where the Construction Manager is at Risk. In general, it is anticipated that the Preconstruction Services associated with this project will consist of the following. 1. Consult with, advise, assist, visit the sites and attend ten (10) meetings specific to the Park and provide recommendations to the City of Meridian and its design team on all aspects of the planning and design of the work. 2. Provide information, estimates, schemes, and participate in decisions regarding construction materials, methods, systems, phasing, and costs to assist in determinations aimed at providing the highest quality project within the budget and schedule. 3. Review in -progress design documents and provide input and advice on construction feasibility, alternative materials, and availability of materials and equipment. Review completed design documents and suggest modifications to improve completeness and clarity. 4. Provide input to the City and its design team regarding the current construction market bidding climate as well as the status of contract markets. Recommend division of work to facilitate bidding and award of trade/vendor contracts, early long -lead equipment or material procurement, considering such factors as bidding climate, bid packages for multiple integrated work scopes, improving or accelerating construction completion, and related issues. 5. Prepare complete bid packages and associated documents including subcontractor agreements, general and special conditions, detailed scope of work, bid item breakdowns and other documents necessary. 6. Develop and monitor the project critical path method schedule and recommend adjustments in the design documents of construction bid packaging to ensure completion of the project in the most expeditious manner possible, while addressing and meeting the City's critical schedule requirements. 7. Prepare construction cost estimates for the project the end of 50 & 90 percent design phases. Estimate ongoing design modifications to provide real time analysis of the project budget. Notify the City and the design team immediately if construction cost estimates appear to be exceeding the projected GMP budget. 8. Work with the City and its design team to determine impacts to the design and the construction delivery process brought about by the site constraints. Consider logistic plans for items such as haul RA 1IPage routes, sequencing, lay down space, etc. Develop alternatives and options for rectifying the impacts of such conditions and constraints. 9. Develop and manage complete bid package scopes of work for bidding subcontractors in conjunction with the design team and the City of Meridian. Conduct a pre-bid meeting and site tour as a part of obtaining competitive bids. Bid packages shall incorporate multiple trades, follow phases of construction, and include details outlining coordination and logistic requirements specific to how each subcontractor will be required to interact with other subcontractors. Work with the City of Meridian and its design team to address questions, issue addendums, and open bids in the presents of the Owner. 10. Prequalify potential subcontractors and provide at least three (3) bidders per discipline. All bidders shall have a public works license. 11. Coordinate as necessary with any jurisdictions having authority in securing building permits and other authorizations as necessary. 12. Lump Sum value is inclusive of a five (5%) percent Overhead and Profit mark-up. 13. Does not include any shared preconstruction costs between project stake -holders (West Ada School District, YMCA, Meridian Library and City of Meridian) for attendance time or resources at the combined weekly project meeting or services associated with the Gravity Irrigation and Offsite work. 14. Does not include Construction Phase Administration or Scope of Work costs. Proposed Timeline Bases on preliminary discussion the following timeline associated with this project are: Preconstruction Services — May 2015 — December 2015 Additional Service Any services not identified in the proposed scope and fee will be charged as Additional Services, if requested by the Owner. Proposed Billing The Lump Sum will be billed each calendar month for the percent of services complete. Reimbursable shall be broken out. (Bid solicitation fees; document (plans and specifications) reproduction costs; PMS software fee; office supplies; copying costs). Reimbursable will be billed to the City at cost. Any savings associated with this not to exceed budget will be to the benefit of the Owner; there is no shared savings with the Construction Manager. Total Preconstruction Service fees Description Total Total Preconstruction Services (Lump Sum Value) $14,850.00 Total Reimbursable Expenses (Not To Exceed) $ 2,500.00 Total Preconstruction Services Fees $17a50.00 21 Page RA Estimate No:REV 2-GMP Plans Dated:12/2/2016 Estimate Date:1/31/17 Gross Area - SF 415,562 - ACTIVITY/SCOPE QUANTITYUNIT PRICE UNIT COST $/GSF 1 General Conditions Vehicles 6 500.00$ MO 3,000.00$ 0.01$ Home Office Telephone 5 75.00$ MO 375.00$ 0.00$ Home Office Supplies 5 100.00$ MO 500.00$ 0.00$ Project Manager 5 6,160.00$ MO 30,800.00$ 0.07$ Project Superintendent 6 9,920.00$ MO 59,520.00$ 0.14$ Project Engineer 5 3,760.00$ MO 18,800.00$ 0.05$ Safety 5 150.00$ MO 750.00$ 0.00$ Site Safety Visits 5 600.00$ MO 3,000.00$ 0.01$ Project Office Supplies 5 100.00$ MO 500.00$ 0.00$ Project Office Trailer 5 175.00$ MO 875.00$ 0.00$ Postage 5 20.00$ MO 100.00$ 0.00$ FedEx/UPS 5 35.00$ MO 175.00$ 0.00$ Site Internet 5 50.00$ MO 250.00$ 0.00$ Site Signage 1 1,500.00$ LS 1,500.00$ 0.00$ Site Utility Expenses 5 500.00$ LS 2,500.00$ 0.01$ Project Closeout 1 1,000.00$ 1,000.00$ 0.00$ Temporary Labor Allowance 5 150.00$ MO 750.00$ 0.00$ Temporary Toilets 5 125.00$ MO 625.00$ 0.00$ Temporary Dumpster 5 500.00$ MO 2,500.00$ 0.01$ Final Cleaning 1 1,000.00$ LS 1,000.00$ 0.00$ Blueprints 1 500.00$ LS 500.00$ 0.00$ Temporary Fencing 1 -$ -$ -$ Temporary Heat Winter Conditions 1 1,500.00$ 1,500.00$ 0.00$ Idaho Power Service Allowance (Engr. & Service)1 15,000.00$ 15,000.00$ 0.04$ Engineering Allowance - Contract Administration 1 10,000.00$ 10,000.00$ 0.02$ Temporary Fencing Allowance 1 3,500.00$ 3,500.00$ 0.01$ 159,020$ 0.38$ 02Site Work Survey Allowance 1 7,500.00 LS 7,500$ 0.02$ Special Inspection and Testing Allowance 1 10,000.00 LS 10,000$ 0.02$ -$ -$ Demolition Removal of fences and misc. structures 1 - -$ -$ -$ -$ Site Work - Bid Package No. 1 Granite Excav.1 376,004.00 LS 376,004$ 0.90$ LS -$ -$ Asphalt Base, Paving, and Traffic Markings 1 - LS -$ -$ - -$ -$ - -$ -$ Site Water Lines Deep utilities 1 - -$ -$ Site Sanitary Sewer Lines Deep utilities 1 - EA -$ -$ - SF -$ -$ Curb and Gutter With YMCA 1 - LF -$ -$ Sidewalks Incl. with Bldg. Concrete 1 - -$ -$ Vertical Concrete Curb Incl. with Bldg. Concrete 1 - -$ -$ Seat Wall 1 - -$ -$ - -$ -$ Concrete Site Flatwork Incl. with Bldg. Concrete 1 - -$ -$ -$ -$ Landscaping - Bid Package No. 13 LawnCo 1 160,000.00 160,000$ 0.39$ Soil Amendments Allowance - Soil Amend & mix 1 40,000.00 40,000$ 0.10$ Fencing Temporary site fencing 750 - LF -$ -$ -$ -$ HC Signs Incl. with Site Work - - EA -$ -$ -$ -$ Irrigation Well - Bid Package No. 15 McLaren 1 44,770.00 44,770$ 0.11$ Irrigation Well Pump Allowance - Install Well Pump 1 30,000.00 30,000$ 0.07$ -$ -$ Irrigation Pump Station Included with Site Work 1 LS -$ -$ -$ -$ SWPPP Included with Site Work 1 - -$ -$ -$ -$ 668,274$ 1.61$ 03Concrete Concrete - Bid Package No. 2 Quality Concrete 1 133,327.00 LS 133,327.00 0.32$ Concrete - Bid Package No. 2 QCI - Add Alt No 2 - Colored Concrete 900.00 -$ -$ - - -$ -$ - - -$ -$ DESCRIPTION HILLSDALE PARK - FINAL GMP ESTIMATE -ATTACHMENT C E. HILL PARK WAY, Meridian, Idaho Estimate No:REV 2-GMP Plans Dated:12/2/2016 Estimate Date:1/31/17 Gross Area - SF 415,562 - ACTIVITY/SCOPE QUANTITYUNIT PRICE UNIT COST $/GSFDESCRIPTION HILLSDALE PARK - FINAL GMP ESTIMATE -ATTACHMENT C E. HILL PARK WAY, Meridian, Idaho - - -$ -$ - - -$ -$ 133,327$ 0.32$ Estimate No:REV 2-GMP Plans Dated:12/2/2016 Estimate Date:1/31/17 Gross Area - SF 415,562 - ACTIVITY/SCOPE QUANTITYUNIT PRICE UNIT COST $/GSFDESCRIPTION HILLSDALE PARK - FINAL GMP ESTIMATE -ATTACHMENT C E. HILL PARK WAY, Meridian, Idaho 04Masonry Masonry - Bid Package No. 4 Genther 1 28,993.00$ LS 28,993$ 0.07$ - - VSF -$ -$ - - SF -$ -$ 28,993$ 0.07$ 05Metals Metals - Bid Package No. 3 Allowance - Misc. Metals 1 2,500.00 SF 2,500$ 0.01$ 1 - SF -$ -$ Structural Steel Erection Incl. with Structural 1 - SF -$ -$ - - EA -$ -$ Miscellaneous Metals Bollards 1 - LS -$ -$ .2,500$ 0.01$ 06Carpentry Carpentry - Bid Package No. 5 Allowance - Rough Framing 1 25,000.00 LS 25,000$ 0.06$ 1 - SF -$ -$ Carpentry Miscellaneous 1 1,500.00 SF 1,500$ 0.00$ - - EA -$ -$ 1 - LS -$ -$ .26,500$ 0.06$ 07Thermal & Moisture Protection Roofing - Bid Package No. 7 Upson Roofing 1 20,250.00 LS 20,250$ 0.05$ -$ -$ -$ -$ -$ -$ -$ -$ .20,250$ 0.05$ 08Doors & Windows Doors & Hdwr. - Bid Package No. 8 D & A Door 1 20,820.00 20,820$ 0.05$ -$ -$ -$ -$ -$ -$ -$ -$ .20,820$ 0.05$ 09Finishes FRP - Bid Package No. 6 Northwest Interiors 1 4,825.00 LS 4,825$ 0.01$ - -$ -$ Painting - Bid Package No. 9 Commericial Painting 1 1,927.00 LS 1,927$ 0.00$ .6,752$ 0.02$ 10Specialties Toilet Accessories - BP No. 8 1 - EA -$ -$ -$ -$ Louvers Included with Bid Package No. 8 1 - -$ -$ Specialty Metal Ornaments With Shelters - Hill Brand Ornaments 1 - -$ -$ -$ -$ .-$ -$ 11Equipment Playground Equipment - BP No. 14 Big T Rec. - Equip. Only 1 89,364.00 LS 89,364$ 0.22$ Playground Equipment - BP No. 14 Rec Today - Equip. & Installation 1 173,110.00 LS 173,110$ 0.42$ Playground Surfacing CFCI With Playground Equip.1 - LS -$ -$ -$ -$ Engraved Themed Rock Signs Allowance - OFCI (Labor Only to install)10 350.00 EA 3,500$ 0.01$ -$ -$ Splash Pad With Playground Equip.1 - -$ -$ -$ -$ Energi Jr Stations Allowance - OFCI (Labor Only to install)1 2,000.00 LS 2,000$ 0.00$ -$ -$ Hay Bale Benches CFCI 1 - LS -$ -$ -$ -$ Shelters Included with Bid Package No. 14 1 - LS -$ -$ -$ -$ -$ -$ Owner FFE OFOI Allowance for FFE Group Below 1 - LS -$ -$ Estimate No:REV 2-GMP Plans Dated:12/2/2016 Estimate Date:1/31/17 Gross Area - SF 415,562 - ACTIVITY/SCOPE QUANTITYUNIT PRICE UNIT COST $/GSFDESCRIPTION HILLSDALE PARK - FINAL GMP ESTIMATE -ATTACHMENT C E. HILL PARK WAY, Meridian, Idaho Park Sign OFOI - EA -$ -$ Drinking Fountain OFOI - -$ -$ Bench OFOI - EA -$ -$ Bike Rack OFOI 1 EA -$ -$ Game Table OFOI - EA -$ -$ Trash Receptacle OFOI - EA -$ -$ ADA Picnic Table OFOI - EA -$ -$ .267,974$ 0.64$ 15Mechanical Plumbing - Bid Package No. 10 Lacy Mechanical 1 18,900.00 18,900$ 0.05$ -$ -$ HVAC - Bid Package No. 11 Advanced 1 7,855.00 7,855$ 0.02$ -$ -$ -$ -$ .26,755$ 0.06$ 16Electrical Electrical - Bid Package No. 12 Southern Idaho Electric 1 29,450.00 SF 29,450$ 0.07$ -$ -$ Temporary Power Allowance 1 6,500.00 6,500$ 0.02$ - - -$ -$ 35,950$ 0.09$ Building Total Costs 1,397,115$ 3.36$ Contractor Profit 5.25%73,349$ 0.18$ Contractor Insurance 13,971$ 0.03$ Bond 14,844$ 0.04$ Total Bid Amount 1,499,279$ 3.61$ Contingency 3.5%52,475$ 0.13$ . Grand Total Estimate 1,551,754$ 3.73$ EXCLUSIONS: 1. All costs associated with permits, fees, utility fees, ACHD impact fees or other municipal or utility company costs are excluded. 2. No excavation and replacement of unsuitable soils has been considered. Hillsdale Neighborhood Park CiV E ID� Cost Description Amount Guaranteed Maximum Price $ 1,551,754 Preconstruction $ 17,350 Architectural & Engineering Fees (A & E) $ 76,658 Owner Provided Items - Site Furnishings, Etc. $ 70,000 Owner Provided Items - Trees $ 14,500 Total Costs $ 1,730,262 Budget Description Amount FY2017 Enhancement $ 1,370,000 FY2015 Budget Reclass from Bainbridge to Hillsdale $ 79,642 Total Enhancements $ 1,449,642 Additional Budget Required Amount FY2017 Budget Amendment $ 280,618 Community Contributions/Partnerships Amount Land Donation - 10 Acres - YMCA via Marti Hill $ 350,000 Tree Donation - Jayker Wholesale Nursery $ 9,576 Park Parking Provided by WASD & YMCA $ 120,000 Total Community Contributions/Partnerships $ 479,576 Cost Per Acre Before Community Contributions/Partnerships Amount $1,730,262 + $479,576 / 10 $ 220,983 Cost Per Acre Amount $1,730,262 / 10 $ 173,026 1/31/2017 M -' m o T 0 N LL = Y v CZ c i w a) c E () F Q —_ p 7 N \ LL 0 rt•-+ Yk U C\7 u 0 L 0. 0 0 Z y A/'� C3 �) .a v .. a w a r roLn N } ciN } 0 0 0 0 N 0 a U 0 z41D 0 U c 0 b 0 O C O O l tj a ° s 0 0 O 3 o u O j e a o U v O 'a c i�1 cco O N o •5 j v o + w aa) ° e O O E O o •° O a°Qj a, c a e •� a fFy1 N 111 � L 0 N ll1 O CU C e '� H N LI'1 Q c u° a;ww`ovo z n n 0 v c c E a a) L e v a, o p o ° °c W p I m [� . v Y n W i 0 m E E a ° O O c m Ca O 0 O m O 5 Z w d E O O o 0 0 0 LL 0 C }� W 0 N Q1 O m N 0 Ew N 0 N 0 V V V V zt It C: o u O E O r14 E N N ~ Q O f N — ul ul N ul Ln Ln ul M -' m o T 0 N LL = Y v CZ c i w a) c E () F Q —_ p 7 N \ LL 0 rt•-+ Yk U C\7 u 0 L 0. 0 0 Z 0 A/'� C3 �4 .a v .. a w a r roLn N } ciN } 0 0 0 0 N 0 a U 0 0 0 U c 0 b 0 O C O O l tj a ° s 0 0 O 3 o u O j e a o U v O 'a c rco cco O N o •5 j v o + w aa) ° e O O E O o •° O a°Qj a, c a e •� a a@ N 111 to`0 N 0 N ll1 O CU C e '� ° 3 a °a w 'a w O p N LI'1 N Ill v u° a;ww`ovo z n n a E c c E a a) L e v a, o p o ° °c W p I m [� . v a) a) n i 0 m E E O ° O FO FO OL a v v tw C C v v to a O O m 0 Z 0 Z 0 A/'� C3 �4 V� > cJ C) } N } ciN } 0 0 0 0 N 0 a U 0 0 0 U c 0 b 0 O C O O O m O O O 3 O O a ' O N O O O O E O O O CN O Q N 111 N lfl N _c a) N ll1 O N In E N V'1 N LPI N LI'1 N Ill v n .E n n n v > O a) a n O O ° O O c Q Ca O O 0 O F> d O 5 u W w d E W O O o 0 0 0 0 0 0 N 0 N N O m N 0 N 0 N 0 N 0 V V V V zt It V O O O O r14 O O N N N N O N N O f N m ul ul Ln ul Ln Ln ul 0 0 0 0 0 0 0 0 O 0 0 O O 0 O 0 m \ } -D 0 Z 0 Z 0 u C3 > cJ C) } N } ciN } 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O O O O O O O O O O O O O O O O N 111 N lfl N In N 111 N ll1 N 111 N In N lf1 N V'1 N LPI N LI'1 N Ill N ll'1 n n n n n n n n n n O O O O O O O O O O 0 O 0 O O 0 \ } -D 0 Z 0 Z 0 u C3 > cJ C) } N } ciN } � ~ T 1 � � m Q d E E � O `y�Vp\l� U V o O v N) v °' �, . � a) E ro ro 0 Y Q t a o O v LL mu O H i 7 =o c a CL x m c c M 0 � Y Q Q O N Q/ 0 O (D 4k 0 a u ao 0 00 m a) U 2 0 0 0 0 0 0 N O O O O O O O O O O O O N N N N N N Ill Ln LPI m m m 0 n n n n n O O O O O O O F- 0 Q 0 v 3 00 l0 O 00 N aloIo 0 u. 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N N O j +' -0 Q C 00 s C .- N. 0 41 t @ 401 3 a)^ C x v € N Q @ :Ll mI O42 c c o- E $} �; Ub O — a 0 U q L C O b.0,N C O Y & u Y Q E Q 7 �v Q O C N C 41 iO Q N ?.O' N a O N O -O 40- _ #.� •O g �. `° � "_ 3 E 0 LCQ M g w m '~Q O 4- N E} 9 Q U O a) 0 C O J C (O � YO Ol @ 7 C 4- > O E Q .0 r.N N i O 0 a) c u O e N a Ng 0 40� o Y E pp 41 -0 c+ wE 0 3> v °0 c c o v a a 0) �To Q a C O a L •� Q 0.•� U t :3a N O , 3a 0• O -a,' O aa) t +� 0 O1 U L m Q w bn v s m w -w c m 0 1-0 p t N C t (U O 7 v o N o� O S 0 Meridian City Council Meeting DATE: February 7, 2017 ITEM TITLE: 1-7—/7 ITEM NUMBER: PROJECT NUMBER: 10A Ordinance No.: An Ordinance (H-2016-0120 Black Cat and Chinden) FOR ANNEXATION OF A PARCEL OF LAND BEING LOT 1, BLOCK 1 OF RAMBO SUBDIVISION AS FILED IN BOOK 63 OF PLATS AT PAGES 6368 AND 6369, RECORDS OF ADA COUNTY, IDAHO AND A PORTION OF THE NW'/4 OF THE NW'/4 OF SECTION 27, ALL LOCATED IN THE NW'/4 OF THE NW'/4 OF SECTION 27, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO, AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS MEETING NOTES [Yr 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 2017-012610 BOISE IDAHO Pgs=5 LISA BATT 02/10/2017 09:47 AM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN ORDINANCE.NO. 17— j �' BY THE CITY COUNCIL: BIRD, GORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS AN ORDINANCE (H-2016-0120 BLACK CAT AND CHINDEN) FOR ANNEXATION OF A PARCEL OF LAND BEING LOT 1, BLOCK 1 OF RAMBO SUBDIVISION AS FILED IN BOOK 63 OF PLATS AT PAGES 6368 AND 6369, RECORDS .OF ADA COUNTY, IDAHO AND A PORTION OF THE NW i/ OF THE NW'/a OF SECTION 27, ALL LOCATED 1N THE NW 1/ OF THE NW 1/ OF SECTION 27, TOWNSHIP 4 NORTH, RANGE 1 WEST, .BOISE MERIDIAN, .ADA COUNTY, IDAHO, AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY; IDAHO, AND ADJACENT AND. CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT TO L -O (LIMITED OFFICE DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE. TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES;. AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" are within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a. written request for annexation. and re -zoning by the owner of said property, to -wit: Pine Stmet, LLC. SECTION 2. That the above-described real property is hereby annexed and re -zoned from RUT to L -O (Limited Ogee District) in the Meridian City Code, SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho; and the Ordinances of the City of Meridian. to annex and re -zone said property, ANNEXATION — BLACK CAT AND CHINDEN (H 2016-0120) Page 1 of 3 SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the fiill Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this % day of 2,6 wary , 2017. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of .&6 o)Cr7 ,2017. �0 X1FDAUCU eco Srl9� MAYOR TAMMY de EIZD ATTEST,City of E IDIAN ,, IDAHO SEAL ti C.J�y C S, CITY CLERK - -_ _' ANNEXATION BLACK CAT AND CMNDEN (H 2016-0120) Page 2 of 3 STATE OF IDAHO, ) ss: County of Ada ) On this 7-0)—day of fe)91114A (--, 2017, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and C.JAY COLES, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) �o, o.et ��,�`• � phi 4&IL 'W(r'kj-% NOTARY PUBLIC OR IDAHO RESIDING AT: d MY COMMISSION EXPIRES: ra ANNEXATION — BLACK CAT AND CHINDEN (H 2016-0120) Page 3 of 3 Legal Description Project No. 16-276 4MMIlaw, ANNEXATION DESCRIPTION FOR 6290 N. BLACK CAT ROAD October 17, 2036 A parcel of land being Lot 1, Block 1 of Rambo Subdivision as filed in Book 63 of Plats at Pages 6366 and 6369, records of Ada County, Idaho and a portion of the NW 114 of the NW 114 of Section 27, all located in the NW 114 of the NW 114 of Section 27, TAN., R.1W., B.M., Ada County, Idaho, more particularly described as follows: BEGINNING at the NW corner of said Section 27 from which the N114 corner of said Section 27 bears South 89"19'07° East, 2647.12 feet; thence along the North boundary line of said Section 27 South 89°19'07" East, 237.20 feet; thence along the East boundary line of said Lot 1 and the northerly extension thereof South 00'29'10" West, 644.70 feet to the SE corner of said Lot 1; thence along the South boundary rine of said Lot 1 and the westerly extension thereof North 89°34'25' West, 237.20 feet to a point on the West boundary line of said Section 27; thence along said West boundary line North 00'29'10" East, 645.76 feet to the POINT OF BEGINNING. Containing 3.51 acres, more or less. Nip Iofl Black Cat and ChiMen — AZ (H-2016-0120) SASiS OF BEARING 21 22 _ _ _ _ _ _S8_9'19'07"E 2647.12' 22 28 27 N89'19'07"W 237.20' W. CHINDEN ROAD— — — �-�27 1 { I I I 1 1 I I [ I I LOT 1, BLOCK 1 RAMBO SUBDIVISION a 6280 N. BLACK CAT ROAD ! x of I< V wl 10 QUI f.r FA ll en �O k� z 10 1 Cn [V 1 coil 1 I I k I Ij d�n I � I I k I E N89'34'257V1 2.37.20' FO 9� k nom. 7729 w �N�TD i1z, � 25 100 :900 S'FC F OF �; 0 5a 200 SCALE: 1 " - 100' ;u, SI@ ANNEXATION EXHIBIT DRAWING FOR s-x7c ©ANO 35G_,VATRiC,s zar. 97 SURVEEY 6280 N. BLACK CAT ROAD s=IEerNo. ,R:NIOIN�. DAl10 R43J2 I 1 G/ soa a+a sra ROUP, P.C. LOCA" IN T1fE W 1/4 Or NW 1/4 OF SECTION F7, RATE .. NT.4N.. RAW., B.M., AAA COUNTY, IDAHO 70/IG/2G,G Black Cat and Chindon — Az (H-2016-0120) NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 1.7- l �l PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for a parcel of land being Lot 1, Block I of Rambo Subdivision as filed in Book 63 of Plats at Pages 6368 and 6369, records of Ada County, Idaho and a portion of the NW '/4 of the NW %4 of Section 27, all located in the NW ''/4 of the NW '/4 of Section 27, Township 4 North, Range 1 West, Boise, Ada County, Idaho. This parcel contains 3.51 acres more or less. Also, this parcel is SUBJECT TO all easements and rights -of -Way of record or implied. As surveyed in attached exhibit "B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho. This ordinance shall become effective on the 20 day of Feb li/�lnt•,, , 2017.P��,°AUGUS r1 rw of W-idian Mayor and City Council By: C.Jay Coles, City Cleric First Reading: 01 / %/ 22/7 A City Of _ IDAHO SFA ti r�Rar.ti_,AeASJ� Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code §50-902: YES d� NO Second Reading: Third Reading: — STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 17- % 7 � 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. 17- /7�of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this 1 day of 0"a G - William. L.M. Nary City Attorney ORDINANCE SUMMARY —BLACK CAT AND CHINDEN - H-2016-0120 Meridian City Council Meeting DATE: February 7, 2017 ITEM NUMBER: 10B PROJECT NUMBER: ITEM TITLE: l7- 1-7 r finance No.: An Urdinance -2U I 6-U 1 12 Movado saes u Ivlsion ANNEXATION FOR A PARCEL LOCATED IN THE NE'/4 OF SECTION 21, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT TO R-8 (MEDIUM DENSITY RESIDENTIAL DISTRICT) (58.64 ACRES) AND R-15 (MEDIUM HIGH DENSITY PFCInFNTIAI nICTPI(-T1[AA (1r, A('PFC1 IN THF NAFRInIA I ('ITY MEETING NOTES Ff 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 2017-012617 BOISE IDAHO Pgs=6 LISA BATT 02/10/2017 10:02 AM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN ORDINANCE NO. /7-/7-- 13Y 7 -/7 -- BY THE CITY .COUNCIL: BIRD;130RTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS , AN ORDINANCE (H-2016-0112 MOVADO ESTATES SUBDIVISION.) FOR ANNEXATION FOR A PARCEL LOCATED IN THE NE'/ OF SECTION 21, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, AS DESCRIBED IN ATTACHMENT "All AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN A$ REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT TO R-8 (MEDIUM DENSITY RESIDENTIAL DISTRICT) (58.64 ACRES) AND R-15 (MEDIUM HIGH DENSITY RESIDENTIAL DISTRICT)(44.05 ACRES) 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 FORA 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" are within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and rezoning by the owner of said property, to -wit: DevCo, LLC. SECTION 2. That the above-described real property is hereby annexed and re -zoned from RUT to R-8 (Medium Density Residential District) (5.8..64 acres) and R-15 (Medium High Density Residential District) (44.05 acres) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re, -zone said property. 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. ANNEXATION — MOVADO ESTATES SUBDIVISION (H 2016-0112) 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 Cleric of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9, That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 7 day of RbWC,,v y , 2017. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 7 day of Feb ry,�, 2017. ATTEST: MAYOR T de WEERD ANNEXATION — MOVADO ESTATES SUBDIVISION (H 2016-0112) Page 2 of 3 STATE OF IDAHO, ) ss: County of Ada ) On this 1s )-day of rU, V' V, 2017, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and C.JAY COLES, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to the 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. .team*&* (SEAL) a;tzl* y. V -a ht 44itA NOTARY PUBLIC FOR IDAHO RESIDING AT: C6 -A L t'P-L d—D MY COMMISSION EXPIRES: k --q 1(S ANNEXATION — MOVADO ESTATES SUBDIVISION (H 2016-0112) Page 3 of 3 EXHIBIT A Sawtooth Land 5urveying, LLC dwi R ft=% P: (208) 398-8104 F: (208) 398-8105 2030 5. Washington Ave., Emmett, ID 83G 17 January 26, 2017 Movado Development Agreement Legal Description Basis of Bearings for this legal description is South 89013'35" East, between the brass cap marking the N114 corner of Section 21, and the aluminum cap marking the northeast corner of Section 21, both in T. 3 N., R. 1 E., B.M., City of Meridian, Ada County, Idaho. A parcel of land located in the NE114 and the SEI/4 of Section 21, T. 3 N., R. 1 E., B.M., within the City of Meridian, Ada County, Idaho, more particularly described as follows; COMMENCING at a found brass cap marking the N1/4 corner of Section 21; Thence South 891113'35" East, coincident with the north line of the NE1 /4 of said Section 21, a distance of 703.00 feet to the POINT OF BEGINNING; Thence continuing South 89013'36" East, coincident with said north line of the NE114 of Section 21, a distance of 635.43 feet to the E1/16 corner common to Sections 16 and 21; Thence South 0024'28" West, coincident with the west line of the E112 of the NE1/4 of said Section 21, a distance of 794.28 feet; Thence South 89°1317" East, 187.44 feet to the westerly line of Cloverdale West Subdivision as shown on file in Book 39 of Plats at Page 3260, Ada County Records; Thence South 7022'14" East, 69.14 feet to the southwest corner of said Cloverdale West Subdivision and the northwest corner of Crawford Place Subdivision as shown on file in Book 79 of Plats at Page 8411, Ada County Records; Thence South 7021'57" East, coincident with the westerly boundary of said Crawford Place Subdivision, 173.00 feet; Thence South 271106'57" East, coincident with the westerly boundary of said Crawford Place Subdivision, 100.00 feet; Thence South 45021'57" East, coincident with the westerly boundary of said Crawford Place Subdivision, 550.00 feet; Thence South 54006'57° East, coincident with the westerly boundary of said Crawford Place Subdivision, 822.94 feet to the east line of said NE114 of said Section 21; P:12015115071-CMG-BIENAPFL COMMUNITY-MOVADO1Drawings\Descriptions\MOVADO DEVELOPMENT AGREEMENT LEGAL.docx Page 11 Thence South 0037'54° West, coincident with said east line of the NEI/4 of Section 21, a distance of 684.48 feet to a found aluminum cap marking the E1/4 corner of said Section 21; Thence North 89008'03" West, coincident with the south line of said NE1/4 of Section 21, and the northerly line of Muir Woods Subdivision No. 1, as shown on file in Book 80 of Plats at Page 8553, Ada County Records, 209.88 feet to the centerline of the Ridenbaugh Canal; Thence South 39051'57" West, coincident with said northerly line of Muir Woods Subdivision No. 1, and the centerline of said Ridenbaugh Canal, 253.25 feet; Thence South 65004'09" West, coincident with said northerly line of Muir Woods Subdivision No. 1, and the centerline of said Ridenbaugh Canal, 100.00 feet; Thence North 84°03'21" West, coincident with said northerly line of Muir Woods Subdivision No. 1, and the centerline of said Ridenbaugh Canal, 1035.19 feet; Thence South 89128'30" West, coincident with said northerly line of Muir Woods Subdivision No. 1, and the centerline of said Ridenbaugh Canal, 136.02 feet to the northwest corner of said Muir Woods Subdivision and the northeast corner of Southerland Farm Subdivision No. 5, as shown on file in Book 94 of Plats at Page 11433, Ada County Records; Thence continuing South 89028'30" West, coincident with the northerly boundary of said Southerland Farm Subdivision No. 5 and the centerline of said Ridenbaugh Canal, 51.07 feet; Thence leaving said centerline of the Ridenbaugh Canal, South 0155'40° West, coincident with said northerly boundary of Southerland Farm Subdivision No. 5, a distance of 20.23 feet; Thence North 891110'02" West, coincident with said northerly boundary of Southerland Farm Subdivision No. 5, a distance of 976.67 feet to the westerly line of the NW114 of the SEI/4 of Section 21; Thence North 0°12'27" East, coincident with said westerly line of the NW1/4 of the SE1/4 of Section 21, a distance of 174.05 feet to the C1/4 corner of said Section 21; Thence North 0011'04" East, coincident with the westerly line of said NE1/4 of Section 21, a distance of 1764.19 feet; Thence South 891113'17" East, 703.00 feet; Thence North 0111'04" East, parallel with said westerly line of the NE1/4 of Section 21, a distance of 892.99 feet to the POINT OF BEGINNING; The above described parcel contains 114.25 acres more or less. E M� End Description L6 P:\2015\15071-CMG-SIENAPFL COMMUNI - in DescriptionsWOVADO DEVELOPMENT AGREEMENT LEGAL.docx 99C©9ii� Page 12 BASIS OF BEARINGS S 89113135"E 703.00' N114 SECTION21 EXHIBIT B EXHIBIT MOVADO DEVELOPMENT AGREEMENT SECTION 21, T. 3 N., R. 1 E., B.M. S 89°13'35"E 635.43' E. OVERLAND RD. POB E1116 COR. 114.25 Act 0 NL LA 51.07' FENS s w a 141 0Lu W OF � N o a p Nen o h3ti. , N 89"08'03" W 209.88' N rq •- o N 84°03'21" w ° Z o 11TS PROJECT. OWNSWDEVELOPER: 187.44' DWG # S89°13'17"E 69.14' 2(}30 S. WASNlNGTONAV� MOVADO DEVELOPMENT —S 07-22'14" E CLOWROALEWEST SUBDIV5I0N 589°f3'17"E 703.00' 15071 PROJECT# AGREEMENT DEVCO Ltc. P. (208) 398-8904 173,00' CRAWFORD PLACE SUBDIVISION s 07°21'57" E 15071 Lad -n cy,Ag, LLC SHEET DAiE. p1I2017 Q rr tc: "-` WWW.SAWTOOTHLS.COM 1 OF 1 dl O_ S .-� Fc3` Cn bra 114.25 Act 0 NL LA 51.07' FENS s e o a 141 0Lu S 972800" W OF � X19 �R POV00 o a 51.07' cn U C114 COR. S 972800" W CN 136.02' 114 COR. S 89'28'30"W 976.67' "10'02" Nen o h3ti. , N 89"08'03" W 209.88' N 89 Wry rq m6 �9 N 84°03'21" w ° ' RIDENBAU(;H CAN 3519' 5 g5 • 0'09 p0 AL SUTHERLAND FARM SUB. NO.5 MUIR WOODS SU9. NO. 1 10 11TS PROJECT. OWNSWDEVELOPER: DWG # 2(}30 S. WASNlNGTONAV� MOVADO DEVELOPMENT EMMEi7, ID 83617 15071 PROJECT# AGREEMENT DEVCO Ltc. P. (208) 398-8904 �iroor F. (208) 398-8105 15071 Lad -n cy,Ag, LLC SHEET DAiE. p1I2017 rr tc: "-` WWW.SAWTOOTHLS.COM 1 OF 1 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 17- 17 a-� PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An. Ordinance of the City of Meridian granting annexation and zoning for a parcel of land located in the NE'/a of Section 21, Township 3 North, Range 1 East, Boise, Ada County, Idaho. This parcel contains 102.69 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of-way of record or implied. As surveyed in attached exhibit "B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho. This ordinance shall become effective on the day of 6 r(,CviLy , 2017. SCD wuc 0Usl h City of E IDIAN*-- CAy' of M ridian IDAHO Mayor and City Council SEAL By: C.Jay Coles, City Clerk nf6e TRE A50 First Reading: ?-/ 7� Gvr� 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. 17- 1-) a� 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. 17 1 % 7l 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 10 day of11 r '2017. ('1& 1 • . William. L.M. Nary City Attorney ORDINANCE SUMMARY - MOVADO ESTATES SUBDIVISION (H-2016-0112) Meridian City Council Meeting DATE: February 7, 2017 ITEM NUMBER: 10C j7_ /Z,23 PROJECT NUMBER: ITEM TITLE: Linder Road Apartments An Ordinance (H-2016-01 11 - Linder Road Apartments) FOR ANNEXATION AND REZONE OF A PARCEL OF LAND LOCATED IN THE NW'/4 OF SECTION 24, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO, AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT TO R-15 (MEDIUM HIGH DENSITY RESIDENTIAL) 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 2017-012618 BOISE IDAHO Pgs=5 LISA BATT 02/10/2017 10:02 AM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN ORDINANCE NO. / 7 �"Z BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS AN ORDINANCE (11-2016=0111 — LINDER ROAD APARTMENTS) FOR ANNEXATION AND REZONE OF A PARCEL OF LAND LOCATED IN THE NW '/ OF SECTION 24, TOWNSHIP:3 NORTH, RANGE.1 WE, BOISE MERIDIAN, ADA COUNTY, IDAHO, AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS 'TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN, ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT TO RIS (MEDIUM HIGH DENSITY RESIDENTIAL) DISTRICTS 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" are within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re -zoning bythe owner of said property, to -wit; Phoebe Gray, SECTION 2. That the above-described real property is hereby annexed and re -zoned from RUT to R-15 (Medium High: Density Residential) Districts,in the Meridian City Code. SECTION 3, That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements, pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re -zone said property. 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. ANNEXATION — LINDER ROAD APARTMENTS - H 2016-0111 Page 1 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 frill 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 snap prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication, PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of re r Oy-y , 2017. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this _ 7 day of Feb W 2017. ED AUGUS1.7 $GO l90 ATTEST: city of C. I DIAN*-- !Y?A.HO C. AY CWLE'SC CITY CLERK MAYOR T --de-WEERD ANNEXATION — LINDER ROAD APARTMENTS - H 2016-0111 Page 2 of 3 STATE OF IDAHO, ) ss: County of Ada ) On thisday of Feb V (lt�V , 2017, before me, the undersigned, a Notary Public in and for said State, personally appeared tarnmy de Weerd and C.Jay Coles, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. uge (SEAL) .•'•••'•• 04 .0 . 00 • ✓, �'•�••wp•••• ll (T -h l [e-- 4114� NOTARY PUBLIC FOR IDAHO RESIDING AT: Cc�Q_�Q i•JeLe. MY COMMISSION EXPIRES: ANNEXATION — LINDER ROAD APARTMENTS - H 2016-0111 Page 3 of 3 EXHIBIT A Legal Description & Exhibit Map for Annexation & Zoning Boundary Sawtooth Land Surveying, LLC r� P. (208) 398-8104 r: (20'3) 398-5105 Ccs MAr r�:qL LLG 20730 S. Washington Ave.. ffmmei:t. 1B 8361 7 EXHIBIT A Linder 4 Plex Annexation Legal August 23, 2016 BASIS OF BEARINGS for this description Is South 0015'18" West, between the brass cap marking the northwest corner of Section 24 and the 518" rebar marking the W114 corner of Section 24, both in T. 3 N., R. 1 W., B.M., Ada County, Idaho. A parcel of land located in the NW114 of the NW1/4 of Section 24, T. 3 N., R. 1 W., B.M., Ada County, Idaho, more particularly described as follows; COMMENCING at a brass cap marking the northwest comer of said Section 24; Thence South 0115'18" West, coincident with the west line of said NW114 of the NW114 of Section 24, a distance of 400.00 feet to the POINT OF BEGINNING; Thence South 89059'42" East, 628.26 feet; Thence South 0°00'18" West, 454.47 feet; Thence North 65122'10" West, 227.77 feet; Thence North 69°43'10" West, 277.88 feet; Thence North 53008'10" West, 170.28 feet to the easterly right of way of S. Linder Road; Thence North 90100'00" West, 25.00 feet to said west line of the NW114 of the NW114 of Section 24; Thence North 01115'18" hast, coincident with said west line of the NW114 of the NW114 of Section 24, a distance of 161.13 feet to the POINT OF BEGINNING. Thence above described parcel contains 4-55 acres more or less. End Description K� PA2016116160-CMG LINDER 4-PLEXISurvey\Drawirt a r - tions116160-ANNEXATION LEGAL.docx Paye 11 as 124 EXHIBIT B EXNisrr B PROJECT' UNDER 4 PLEX ANNEXATION MERIDIAN, ![)AH0 CMG 8/2016 2030 S. WASHINGTON AVE. EMMETT; ID 83617 P:08) 398-8104 F. f2O8) 398-8109 NTS AWG PROJECT# 16160 SNEI' 1 OF i NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 17- 17 ')-3 PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for a parcel of land located in the NW '/4 of Section 24, Township 3 North, Range 1 West, Boise, Ada County, Idaho. This parcel contains 4.55 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of-way of record or implied. As surveyed in attached exhibit `B" and is not based on an actual field survey. A frill text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho. This ordinance shall become effective on the o -'O day of F6, 2017. 557D AUCU,s City of MHidian Mayor and City Council By: C.Jay Coles, City Clerk First Reading: 0 Z City o' ERIDIP�N S Q <6�, 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. 17-_j7,)-3 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. 17-_ of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this day of P gV' , 2017. William. L.M. Nary City Attorney ORDINANCE SUMMARY — LINDER ROAD APARTMENTS - H-2016-0111 Meridian City Council Meeting DATE: February 7, 2017 ITEM NUMBER: 1 1 PROJECT NUMBER: ITEM TITLE: Future Meeting Topics MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: February 7, 2017 ITEM TITLE: Executive Session ITEM NUMBER: PROJECT NUMBER: 1 Executive Session per Idaho State Code 74-206(1) (f): To communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation /0-- Iran 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