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2018-07-17 C I T Y C OUNCI L R EGU L A R M EETI N G A GENDA C ity C ouncil C hamber s 33 E ast Broadway Avenue M er idian, I daho Tuesday, J uly 17, 2018 at 6:00 P M 1. Roll-C all Attendance X A nne L ittle R oberts X J oe Borton X Ty P almer X Treg B ernt X Genesis Milam X L uke Cavener X Mayor Tammy de Weerd 2. P ledge of Allegiance 3. C ommunity I nvocation by J ustin M cM urdie with P ark View Christian C hur ch 4. Adoption of Agenda Approved as amended 5. F uture M eeting Topics - Public F orum (Up to 30 M inutes M aximum) This time i s reserved for the public to address their elected officials regarding matters of general interest or concern of public matters and is not specific to an active land use/devel opment application. By law, no decisions can be made on topics presented under this public comment section, other than the City Council may request that the topic be added to a future meeting agenda for a more detailed discussion or action. The Mayor may also direct staff to further assist you in resolving the matter following the meeting. 6. C onsent Agenda [Action I tem] Approved as noted A. Approve M inutes of J une 14, 2018 City C ouncil B udget Wor kshop M eeting B. C astlebridge S ubdivision E mer gency Access E asement C. Hill's C entury F arm No. 1 S ewer and Water M ain E asement D. T ree F ar m S ubdivision S anitar y S ewer E asement E. T ree F ar m S ubdivision No. 3 S anitar y S ewer E asement F. Whiteacr e S ubdivision No. 5 S ewer E asement #1 G. Whiteacr e S ubdivision No. 5 S ewer E asement #2 H. F inal P lat for C aven Ridge E states West No. 1 (H-2018-0045) by New C avanaugh, LLC , L ocated S outh of E. Victory Rd. and West of S . S tanding T imber Way I. F inal P lat for Wells S ubdivision (H-2018-0064) by S chultz D evelopment L ocated on the North S ide of E. Amity Rd. Near the NE C orner of S. L ocust G r ove Rd. and E . Amity Rd. J. Inter agency M utual Aid and M emor andum of Agr eement for P eace O fficer T raining between City of M er idian and C ity of Nampa P olice D epar tment K. Approval of AI A G 802 Amendment No. 1 to the AI A B 133 Agreement to Rice, F ergus, M iller, Inc. for the “F inal D esign and Construction D r awings – F ir e S tation 6” pr oject for a Not-To-E xceed amount of $523,925.00. Vacated from agenda L. Awar d of RF Q #F D -1809-10770.A and Approval of AI A A133 Agr eement to ESI for the “C M G C S er vices – F ire Station 6” project for a Not-To-E xceed amount of 4.75% of the cost of construction. Vacated from agenda M. Awar d of Bid and Approval of Agreement to P ost D rilling Inc. for the “WE L L 33 Test Well - C onstr uction” project for a Not-To- E xceed amount of $344,990.00 N. Resolution No.18-2086: (H-2015-0017 - C alnon Proper ties) Comprehensive P lan M ap Amendment to C hange the L and Use D esignation on 33+- Acres ofL and from M edium High and High D ensity Residential to M ixed Use C ommercial and 22 +- Acr es fr om M edium, M edium-High and High D ensity Residential to M ixed Use Residential for P roperty L ocated at 2215 F r anklin Raod in the C ity of M er idian, Idaho. O. Resolution No. 18-2087: A Resolution D esignating T he P rimar y Records C ustodian And Alternate Records C ustodian F or T he C ity O f M eridian F or All C ity D epartments E xcept F or L aw Enfor cement Records; And D esignating T he P rimary Records C ustodian And Alternate Records C ustodian F or L aw E nforcement Records O f T he C ity O f M er idian; And Providing An E ffective D ate P. AP Invoices for P ayment 7/18/18 - $3,818,811.28 7. Items M oved F r om T he C onsent Agenda [Action Item] 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 Counci l may move to continue the item for additional information or vote to approve or deny the i tem with or without changes as presented. The Mayor is not a member of the Ci ty Council and pursuant to Idaho Code does not vote on public hearing i tems, unless to break a tie vote. A. Request for C ontingent Approval of B eer and Wine L icense for P otter's Tea House L ocated at 917 N. M ain S tr eet Approved B. P ublic Hearing for P rogr am Year 2018 C ommunity D evelopment B lock G rant Annual Action P lan Continued to July 24, 2018 C. P ublic Hearing for P ar ks and Recr eation P roposed Updated S por ts F ees 1. R esolution No. 18-2088: A Resolution Adopting Fee Schedule Of T he Meridian Parks And Recreation Department; Authorizing T he Meridian Parks And Recreation Department To Collect Such Fees; And Providing An Effective Date. Approved D. F inal P lat for B ainbridge Hess S ubdivision No. 2 (H-2018-0058) by D allas Hess, Inc. L ocated ¼ M ile S outh of W. C hinden B lvd. and E ast of N. B lack C at Rd. Approved E. F inal P lat for B ar aya Apar tments Subdivision (H-2018-0065) by S chultz D evelopment L ocated Near the S W C or ner of S . Ten M ile Rd. and W. F ranklin Rd. Approved F. F inal P lat for E ast Ridge E states S ubdivision No. 1 (H-2018-0062) by D evC o, LLC L ocated North of E . L ake Hazel Rd. and West of S . E agle Rd. Approved G. P ublic Hearing for C ostco Wholesale (H-2018-0066) by Costco Wholesale L ocated gener ally at the southwest corner of W. C hinden Blvd./S H-20/26 and N. Ten M ile Rd. Continued to July 24, 2018 1. R equest: Modification to the D evelopment Agreement to include conceptual building elevations H. P ublic Hearing C ontinued from J une 19, 2018 for T imber C reek Recycling (H-2018-0042) by M ichael M ur goitio located at 7965 S . L ocust G rove Rd. Continued to September 18, 2018 1. R equest: A mendment to the D evelopment A greement to include the f ollowing : expansion of the existing recycling business to allow a commercial composting component; recycling of additional materials (i.e. f ood waste, garden waste, demolition debris, and other materials in the same category); utilization of equipment (i.e. loaders, excavators, conveyors, trommels, hopper boxes, air systems/compressors, generators, windrower, crusher, grinder, watering trucks, loaders, graders, tractors with implements, fork lif ts and other heavy equipment) and activities (i.e. crushing, grinding , screening, windrowing, unloading/unloading trucks , etc.) necessary for composting; modif ication of the property to include a weather station, scale house, bathroom with a septic system, storage shed (approximately 40' x 8'), leaching ponds and berms; parking of delivery trucks and heavy equipment; and marketing and sale of processed recycling materials including but not limited to mulch, compost, bark, playground chips, sand, stone, etc. I. Community D evelopment: Net Zero B udget Amendment for P aylocity I daho O pportunity F und G rant Denied J. Community D evelopment: Budget Amendment for Associate C ity P lanner Not-to-E xceed $95,259 Approved K. F lood D amage P revention O r dinance C hange 1. Ordinance No. 18-1786: A mending Meridian City Code section 10- 6-5(A )(2)(a)(4), R egarding F lood E levation f or new construction in S pecial Flood Hazard A reas; and providing an effective date. Approved 9. F utur e M eeting Topics 10. E xecutive S ession per Idaho S tate Code 74-206(1)(j): To consider labor contract matters author ized under section 74-206 A (1)(a) and (b), Idaho C ode Into Executive Session at 11:44pm Out of Executive Session at 12:09am Adjourned at 12:09am All mater ials presented at public meetings shall bec ome pr oper ty of the C ity of Meridian. Any one desir ing accommodation for disabilities related to doc uments and/or hearing, please c ontac t the C ity Clerk's Offic e at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council July 1 7, 2018. A Meeting of the Meridian City Council was called to order at 6:02 p.m., Tuesday, July 17, 2018, by Mayor Tammy de Weerd. Members Present: Tammy De Weerd, Joe Borton, Luke Cavener, Ty Palmer, Anne Little Roberts, and Treg Bernt. Members Absent: Genesis Milam Also present: C.Jay Coles, Bill Nary, Cameron Ariel, Caleb Hood, Chris Pope, David Miles, Brian Harper, Joe Bonjiorno, Mike Barton and Dean Willis. Item 1: Roll-call Attendance: Roll call. X__ Anne Little Roberts X _ _Joe Borton X__ Ty Palmer X__ Treg Bernt ______Genesis Milam __X___Lucas Cavener __X_ Mayor Tammy de Weerd De Weerd: I would like to start tonight's meeting with welcoming all of you to our City Council meeting. For the record it is Tuesday, July 17th. It's two minutes after 6:00. We will start with roll call attendance, Mr. Clerk. Item 2: Pledge of Allegiance De Weerd: Item No. 2 is the Pledge of Allegiance. If you will all rise and join us in the pledge to our flag. (Pledge of Allegiance recited.) Item 3: Community Invocation by Justin McMurdie with Park View Christian Church De Weerd: Okay. Item No. 3 is our community invocation. We will be led tonight by Pastor Justin McMurdie with Parkview Christian Church. I will ask that you join us in the community invocation or take this as an opportunity for a moment of reflection. Thank you for joining us. McMurdie: If you will bow your heads with me. Father God, first let me say thank you on behalf of all who are gathered here today. Thank you for the many things that you give us, the many blessings you give us in our lives. Thank you for all the wonderful things that we have in this community and I thank you for these Council Members and the Mayor and those are involved in government and bringing petitions to this Council. I thank you that we all together can work to make a wonderful community to live in and so Meridian City Council Meeting Agenda August 7, 2018 – Page 4 of 572 Meridian City Council July 17, 2018 Page 2 of 104 I thank you for the blessing of being able to be here in Meridian and in the Treasure Valley and I just asked that tonight as the Council goes forward that you would, Lord God, just give wisdom to govern amid the conflicting interests and issues of our times, that you would give a clear sense of what is best for the citizens of Meridian, that you would give a strong thirst for the Council to promote justice and compassion and that you would help there to be harmony and clarity even when there is disagreement. Thank you for this opportunity on behalf of Parkview Christian Church and those of the faith community to give this invocation and I just pray that you would bless the proceedings here tonight and it's in your name that I pray in my faith tradition Jesus, amen. De Weerd: Thank you. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: Justin McMurdie, is this Justin McMurdie, Class of '94, Pocatello High School? McMurdie: Yes. Bernt: Same guy? McMurdie: Yes. Bernt: Good to see you my man. It's been like 20 plus years. You look exactly the same. Mine's a little grayer, so we are even. Good to see you. Item 4: Adoption of Agenda De Weerd: It's a small world. Item 5. Is there anything under this item? Coles: Madam Mayor, Item 4, adoption of the agenda first. De Weerd: I'm sorry. I was rushing this. Item 4, adoption of the agenda. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: We have two items on the Consent Agenda, K and L, which we are going to remove and most likely address next week. So, K and L will come off for now. Item 8- G, we will take it up when we get there, but that's going to be requested to be continued. So, it will stay on the agenda for now, but that might get moved a week when we get to it. So, with those two amendments to the Consent Agenda, I move we adopt the agenda. Meridian City Council Meeting Agenda August 7, 2018 – Page 5 of 572 Meridian City Council July 17, 2018 Page 3 of 104 Cavener: Second. De Weerd: I have a motion and a second to adopt the agenda as changed. All those in favor say aye. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. Nary: Madam Mayor, before you vote, I thought on Items K and L Chief Butterfield was going to be here to -- to talk about those, so you could put them on your Item 7 if you wish. De Weerd: No. I talked to Chief Butterfield -- Nary: Okay. De Weerd: -- and we are moving it to next week. Nary: Okay. Thank you. Sorry. Item 5: Future Meeting Topics - Public Forum (Up to 30 Minutes Maximum) De Weerd: Mr. Clerk. Coles: Thank you, Madam Mayor. We had several sign-ups for Item 5. However, in each of the -- each of the sign-ups indicated that they wished to address topics later on the agenda, either 8-G or 8-H. Those were the discussion topics addressed within the sign-ups in Item 5. De Weerd: Okay. Thank you. And we apologize for anyone who was here for Item G -- 8-G. The site was not posted, so we cannot hear any comments regarding this topic. So, that will be continued. That will be heard on July 24th. Item 6: Consent Agenda [Action Item] A. Approve Minutes of June 14, 2018 City Council Budget Workshop Meeting B. Castlebridge Subdivision Emergency Access Easement C. Hill's Century Farm No. 1 Sewer and Water Main Easement D. Tree Farm Subdivision Sanitary Sewer Easement E. Tree Farm Subdivision No. 3 Sanitary Sewer Easement Meridian City Council Meeting Agenda August 7, 2018 – Page 6 of 572 Meridian City Council July 17, 2018 Page 4 of 104 F. Whiteacre Subdivision No. 5 Sewer Easement #1 G. Whiteacre Subdivision No. 5 Sewer Easement #2 H. Final Plat for Caven Ridge Estates West No. 1 (H-2018-0045) by New Cavanaugh, LLC , Located South of E. Victory Rd. and West of S . Standing Timber Way I. Final Plat for Wells Subdivision (H-2018-0064) by Schultz Development Located on the North Side of E. Amity Rd. Near the NE Corner of S. Locust Grove Rd. and E . Amity Rd. J. Interagency Mutual Aid and Memorandum of Agreement for Peace Officer Training between City of Meridian and City of Nampa Police Department M. Award of Bid and Approval of Agreement to Post Drilling Inc. for the “WELL 33 Test Well - Construction” project for a Not- To Exceed amount of $344,990.00 N. Resolution No.18-2086: (H-2015-0017 - Calnon Properties) Comprehensive Plan Map Amendment to Change the Land Use Designation on 33+- Acres of Land from Medium High and High Density Residential to Mixed Use Commercial and 22 +- Acres from Medium, Medium-High and High Density Residential to Mixed Use Residential for Property Located at 2215 Franklin Road in the City of Meridian, Idaho. O. Resolution No. 18-2087: A Resolution Designating The Primary Records Custodian And Alternate Records Custodian For The City Of Meridian For All City Departments Except For Law Enforcement Records; And Designating The Primary Records Custodian And Alternate Records Custodian For Law Enforcement Records Of The City Of Meridian; And Providing An Effective Date P. AP Invoices for Payment 7/18/18 - $3,818,811.28 De Weerd: Okay. Item 6 is our Consent Agenda. Borton: Madam Mayor? De Weerd: Mr. Borton. Meridian City Council Meeting Agenda August 7, 2018 – Page 7 of 572 Meridian City Council July 17, 2018 Page 5 of 104 Borton: After the removal of K and L, I would move that we approve the Consent Agenda as published and for the Mayor to sign and the Clerk attest. Cavener: Second. De Weerd: I have a motion and a second to approve the Consent Agenda as amended. Mr. Clerk, will you call roll. Roll call: Borton, yea; Milam, absent; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 7: Items Moved From The Consent Agenda [Action Item] De Weerd: Okay. There were no items moved from the Consent Agenda. Item 8: Action Items A. Request for Contingent Approval of Beer and Wine License for Potter's Tea House Located at 917 N. Main Street De Weerd: Item 8 under Action Items, I just thought it would be helpful to talk about the land use process. After the public hearing is open on any of these action items, we will have a staff report that discusses the application that is to be considered by our City Council. Each member of the public -- well, following that we will have our applicant's response. They have up to 15 minutes to present their application. Following that we have public testimony. There is a three minute limitation and it will be on the screen in front of you, the timer, so you're able to also see how much time is left for the testimony. For larger groups, if you have an HOA that is present that speaks for a larger group, they will be given up to ten minutes to present on behalf of the larger group. The applicant is the last to speak to address any issues that were -- that came up during public testimony -- give them an opportunity to also answer anything that was brought out from Council during that and, then, the Council deliberates and will make a decision if they feel like they have all the information needed to make that decision. De Weerd: So, with that I will -- will move to Item A, which is a beer and wine request and ask for staff comments. Coles: Madam Mayor, I think I will kick this off and Mr. Nary can address any details that I may miss, but as noted on your agenda, Potter's Tea House, which is located at 1917 -- or 917 North Main Street is within 300 feet of a place of worship, which is Harvest Church, and so as such the code requires that the applicant gets the governing body's approval to start the process with the application and, then, it will come back for Meridian City Council Meeting Agenda August 7, 2018 – Page 8 of 572 Meridian City Council July 17, 2018 Page 6 of 104 final approval once they go through the state process and, then, the county process. The clerk's office did send notice to Harvest Church requesting if -- or asking them if they wished to provide any comment on this application. Late yesterday our office did receive a letter from them that was included in the web packet on -- on your agenda. So, they did provide comment on that. But that is why it's on your agenda today is because the code requires within 300 feet of a place of worship the applicant get the governing body's approval to start the process and, then, end the process. De Weerd: Okay. Thank you, Mr. Clerk. Mr. Nary, do you have anything you would like to add? Nary: No, Madam Mayor. I think that Council had requested previously that the notifications be sent to the adjoining properties and we have done that. They did have I guess a concern they have raised. The code doesn't really speak to what to do with that information, other than to make you aware that they had a concern. De Weerd: Okay. And is there are representative from Potter's Tea House here? Would you like to make any comment? Okay. Thank you. Council, any questions regarding the item in front of you? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Just for clarity, the -- it looked like the application was for a beer and wine license. There was a response back from the church that referenced a liquor license, but this would be beer and wine only without liquor; is that correct? Nary: Yes, sir, that's correct. De Weerd: Again this is the first part of it, but we are seeking direction. Bernt: Madam Mayor? De Weerd: Yes, Mr. Bernt. Bernt: When I checked the packet the information from the Harvest Church wasn't there yet, so clarification on whether Harvest Church responded to -- what was their -- what was the response? Where they -- other than the liquor -- Nary: Madam Mayor, Members of the Council, so, yeah, the letter refers to a liquor license at the -- at the -- at the location for the Potter's Tea House and, again, the church has expressed as their own personal concern with it being near their facility. There are three other liquor licenses within the same distance from the Harvest Church. Borton: Madam Mayor? Meridian City Council Meeting Agenda August 7, 2018 – Page 9 of 572 Meridian City Council July 17, 2018 Page 7 of 104 De Weerd: Mr. Borton. Borton: In some context, have we -- have we recently approved a beer and wine license -- Nary: Yes . Borton: -- downtown within 300 feet of another church? Not liquor, but -- Bernt: One. The Vault. Nary: Madam Mayor, Members of the Council, Council Member Borton, yes, the Vault received recently a beer and wine license there immediately across the cross from the Methodist Church and I think that was the -- the license that prompted the Council to request that we send notifications to those businesses so they are aware of it. But, yeah, they -- we have granted that and, I apologize, there is one beer and wine license across the street from the Harvest Church -- or on the next block and, then, two liquor licenses within 300 feet. De Weerd: Okay. Any further questions for staff? Do we have direction from Council? Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: I move that we approve the request for a beer and wine license for Potter's Tea House, located at 917 North Main Street in Meridian. Borton: Second. De Weerd: Okay. I have a motion and a second. Any discussion? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: And I don't know, maybe this is semantics. Beer. W ine. Liquor. If anybody has too much of it the end result is the same, but I wonder if it's worth continuing this a week to at least provide the clarification to Harvest Church as a downtown stakeholder and see if in light of that if that changes their stance. I'm not sure if anyone else feels that's warranted or necessary. I think I'm generally in support of the -- of the -- the request. I just wonder if it's worth doing a little bit additional customer service with the Harvest Church to make them aware. Palmer: Madam Mayor? Meridian City Council Meeting Agenda August 7, 2018 – Page 10 of 572 Meridian City Council July 17, 2018 Page 8 of 104 De Weerd: Mr. Palmer. Palmer: Yeah. I certainly agree. And as we have had these come before us in the past I have been the one that's been asking did we seek comment from the organization that existed that required us to even have the -- the thing on the agenda. So, I -- yeah, I would love to make sure that they are understanding what it is and -- and that way we can understand exactly what it is that their comments are. De Weerd: In the letter to Harvest Church it does say that Potter's Tea House is seeking to obtain an alcohol license to serve beer and wine at their location. So, it -- it was in the letter as to what the intent would be and also as to why they were being sent the letter to -- to begin with. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: I totally understand the level of respect we have for our neighbors and especially those of the faith community. I don't know -- I get what Council Member Cavener's comment was in regard the end result being the same whether it's beer, whether it's, you know, liquor, whatever. My only concern -- there is already -- like Bill had mentioned, there is already places downtown Meridian that are within the 300 feet that have liquor licenses and beer license. So, it seems to me like the precedent has already been set for the most part and we have -- so, I guess maybe a little guidance, maybe a little discussion in regard to the precedent that's already been set. I don't know. Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: Madam Mayor. I think -- De Weerd: You want to pull your -- Little Roberts: I think by proceeding we can still hopefully accomplish that and have Potter's and -- and Harvest Church have a more thorough discussion regarding what their intent is and -- and what they are looking for regarding having a beer and wine license and just encourage that dialogue to continue. De Weerd: Well -- and I -- I believe that to walk into Potter's Tea House -- it's not a bar, it's -- it's more of a lounge type of environment that it's -- it is different from a bar. Coles: Madam Mayor, if I may provide some clarification as well, Madam Mayor and Members of the Council, and to Councilman Cavener's specific request and question. Meridian City Council Meeting Agenda August 7, 2018 – Page 11 of 572 Meridian City Council July 17, 2018 Page 9 of 104 So, right now on the agenda is the contingent approval for Potter's Tea House, which simply gives them the approval to start the process. So, now they could go to the state tomorrow, if the Council decided to approve this application, or just contingent approval and they could start the process with the county, start it with the state and, then, they have to come back before this body for final approval and so in the intervening weeks or days we certainly would be more than happy in the clerk's office to reach out to Harvest Church, again, to ensure that they understand the intent of the application and at that point if they wish to provide additional comment or not, have that opportunity, so once it comes back before this body for the final approval Harvest Church has all the information if that's necessary. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Question for -- for C.Jay. C.Jay, those typically come back to us on the Consent Agenda. Coles: Typically, yes. However, they do not -- they do not need to. Cavener: I think it would be appropriate that -- if this were to be passed by Council, that when it came back we would have it under a Department Report or Action Item. Coles: Absolutely. De Weerd: Okay. Cavener: I'm fine with that. De Weerd: Any further discussion? Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Now I have got the letter in front of me, I think that they -- they do understand - - I mean they use the word liquor, but I don't think that's from the lack of understanding of what it is that's going to be there given the rest of their language in the letter. So, I think that if -- if Council is even contemplating not approving this later, that it might be worth the discussion and -- or maybe what you intend your final vote to be -- hopefully today rather than let them go through the process to find out. No later. Unless there is more information you would like to gather between now and then, of course, you could change your minds, but I do think they understand what the intent is and are asking us not to approve it. De Weerd: Thank you. Mr. Clerk. Meridian City Council Meeting Agenda August 7, 2018 – Page 12 of 572 Meridian City Council July 17, 2018 Page 10 of 104 Roll call: Borton, yea; Milam, absent; Cavener, yea; Palmer, nay; Little Roberts, yea; Bernt, yea. De Weerd: Okay. The ayes have it. MOTION CARRIED: FOUR AYES. ONE NAY. ONE ABSENT. B. Public Hearing for Program Year 2018 Community Development Block Grant Annual Action Plan De Weerd: We will move to Item B, which is a public hearing for our Community Development Block Grant annual action plan. So, I will ask Chris to take the mic. Pope: Madam Mayor, Members of the Council, so today we will kind of initiate one of the concluding parts of the public process for the review of the 2018 Action Plan for the city's Community Development Block Grant program or CDBG program. For those of you who are here in the public and not familiar with some of the acronyms, Community Development Block Grant will probably be referred to as CDBG throughout the rest of this -- and program your 2018, which reviews the -- the time period between October 1 of 2018 and September 30th of 2019, will be probably referred to as PY-18, just for clarification there. So, this is -- again, I'm going to go through a pretty quick review of the amount of funding that we have available for these projects through the grant and those projects that are being recommended for approval. These have been reviewed with both the Council and the public and have been available for public comment for the last month or so. So, there shouldn't be any new information, but I want to review it really quick. This upcoming year -- or program year we are receiving an increase in our grant allocation of 73,017 dollars, up to 422,148 dollars for some of the public service projects that we are recommending for approval. We are recommending 13,000 dollars be given to the Boys and Girls Clubs of Ada County, which is aimed at their scholarship program, which will, hopefully, help at least 50 low to moderate income families provide services to children who are in need of their programs. Another 30,000 dollars to the Meridian Food Bank, which with his money will target around 2,000 needy, hungry individuals in the -- in the community. Another 10,000 to the Education Foundation for West Ada School District for their Housing Plus High School Equals Success program, which is hopefully going to help at least 15 unaccompanied homeless youth mitigate some of the housing and other needs that they have. And, then, 10,000 dollars to Jesse Tree of Idaho, which provides emergency rental assistance and homeless prevention programs, hoping to reach out to at least ten families through this program with this money this year. That's our public service projects that we are recommending. There is another four projects. One is a public facility project that the money will be given to the Department of Public Works to install streetlights along East Chateau Avenue in the amount of 61,178 dollars. You can see on the map the -- the length of that street and where those lights will go. This is a prime pathway to school for those who are attending on Chief Joseph Elementary, as you can see here on the map, which it kind of makes this a priority project. In addition another 180,000 dollars to be Meridian City Council Meeting Agenda August 7, 2018 – Page 13 of 572 Meridian City Council July 17, 2018 Page 11 of 104 leveraged through Meridian Development Corporation to improve right of way -- the right of way along East 3rd Street in the downtown core and also assisting some of the core and key infrastructure changes that will facilitate ProBuilds on expansion. In addition to that, we have a couple of other projects. The Meridian Library District has asked for 77,970 dollars to raise their restrooms to be ADA compliant and around 30,000 dollars for the Ada County Housing Authority to help with home buyer assistance programs, helping at least three families on this year. In addition, we are recommending 35,000 dollars for the grant administration and fair housing activity cost for this upcoming year. So, those are the ones that we are recommending for funding and their amounts. We have kind of vetted those and we have -- more than happy to have another conversation. Just as a note that today is a public hearing only. The public comment period will continue after today until next Tuesday. At that point I will come before you again and -- and offer any revisions, take any final comments, and ask for approval of the plan. Just, again, to note, we will not be seeking any approvals today, just the public hearing. And kind of getting back -- some backup projects, there are three lighting installation projects similar to the one along East Chateau throughout the community that we have as backup projects in the case that there are others that have been recommended that follow through -- that fall through rather. To give you a quick update of where we have come with this, on June 15th the plan was published to the public and was noticed online and in the newspapers and the Meridian Press Tribune and also in the Idaho Statesman. There were a couple of other articles online as well where this was circulated. Last week there was a presentation by some of the new sub recipients that we are recommending for approvals, so you can kind of get more information on the new projects and, then, today we will undergo the public hearing and take any comments and next week we will seek approval at that point and, then, submit to HUD assuming it all goes well and that there aren't any changes that need to be made after that point. I do want to -- before we get into taking public testimony today, there was only one comment that was received over the last 30 days. I received the e-mail from Rob Porter, who is a Meridian resident living in Bridgetower. I -- I need to read his comment on the record and it is -- it's a little lengthy. Feel free to time me, but I will read this to you really fast, just so that we have it on the record. These are word for word what Rob had sent me in an e-mail. He said: I appreciate the work you do for our city and the families who live here. I saw an article in the Meridian Press about how the city was seeking public comment on the use of 422,000 grant dollars from the Community Development Block Grant program. I would like to submit we create a signaled pedestrian crosswalk near the Bridgetower neighborhood on Ustick. The crosswalk would benefit hundreds of people, encourage families to walk more and drive less and address an access barrier for our community -- for our community members to use the Five Mile Creek pathway and Reta Huskey Park. As we know with increasing population many of our roads have become quite congested, especially through -- especially those with single lanes. Such is the case on Ustick between Linder and Ten Mile. Neighborhoods along the street must go to the major intersections to cross safely or to cross Ustick or dart between cars going 40 plus miles per hour. There is a chapel on the southside of Ustick between Ten Mile and Linder that services four congregations and hundreds of families. There are more than 600 individuals in the Bridgetower and Velano Creek neighborhoods that are assigned to Meridian City Council Meeting Agenda August 7, 2018 – Page 14 of 572 Meridian City Council July 17, 2018 Page 12 of 104 that chapel. Over 300 individuals consistently use the chapel on a weekly basis, sometimes two or more times a week. All these individuals live less than a mile from the chapel and many choose to drive themselves and their children, because it is safer than to cross Ustick. A signaled crosswalk would encourage us to walk more and drive less, less driving equals less impact on our environment and more time for families to enjoy the best of Idaho's weather in a safe manner. Additionally, Meridian, with a tremendous amount of foresight, is trying to develop pathways off the main streets of four -- or Five Mile Creek pathway is one of the longest community pathways currently in development. The easiest access for neighborhoods on the southside of Ustick is Tower Bridge Road. If we are honest about safety, there is no safe bike path along Ten Mile north of Ustick to access the Ten Mile -- or the Five Mile Creek pathway. Signal pedestrian crossing on Ustick would open up access to the Five Mile pathway and benefit hundreds of families in those neighborhoods. We love this area. We are glad we moved here. But we know there are headaches that come with growth. We are thankful for the public comment request and urge you to consider this project as we try to maintain a family friendly community. Would you, please, let me know if there is an application or signatures I need to obtain for our community. I would love to know how to proceed if this project could be considered with these grant funds. Thank you. Rob Porter. Just so that Council is aware, this comment is -- has been accepted and will be included in the action plan, but the content and the -- of the request cannot be -- does not really change anything that is -- that is in our action plan as the project itself is -- is an ineligible project given its nature and its location. I don't really want to get into all the details of why it's not eligible, but that was explained to Mr. Porter and he was -- he was okay with that, as long as we got this on the record. So, that -- that is a suggestion by this community member. That is the only public comment that has been received and I would entertain opening the public hearing on any other comments that might -- or testimony that could be given today in person. De Weerd: Okay. Council, any questions for Chris at this time? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Chris -- and I likely missed it, but I just was curious -- if I remember correctly, the Boys and Girls Club was the recipient of a similar amount last year. Just curious. Did they expend the entire fund balance allocated to them or was it a reduced amount? Pope: Madam Mayor, Council Member Cavener, so they received 10,000 dollars I think for the last four years. They have expended the entirety of it all four years. This last year they have not expended it yet. Generally speaking how it works is they will ask for reimbursement for the scholarship money, which is in the entirety of the amount that they have been allocated at the end of August or the beginning of the school year. So, at this time, technically, no. We have every expectation that they will over the next two months and that this year we are -- there is an increased amount of 3,000 dollars year over year of what we have seen -- what we have given them before due to the need and Meridian City Council Meeting Agenda August 7, 2018 – Page 15 of 572 Meridian City Council July 17, 2018 Page 13 of 104 we have every amount of confidence that they will be able to expand it within the time period that they are contractually obligated to do so. Cavener: Madam Mayor, additional questions. De Weerd: Uh-huh. Cavener: Chris, any concerns about any of the applicants' ability to provide communication or work with the CDBG administrator with any type of reporting, timelines, et cetera, like that that we need to be aware of? Pope: Madam Mayor, Council Member Cavener, this year, no, we do not. As part of our application process this year we did a pretty robust risk assessment of all of the applicants, both of their project and their program and support the institutional capacities. In addition, we intend to make sure that every subrecipient is made aware of all of the requirements and hold them pretty -- pretty strictly to the fire when it comes to that and in terms of their contractual obligations and also the expectations of the city and Council. Cavener: Thank you. De Weerd: Okay. This is a public hearing. Is there anyone who wishes to provide testimony on this item? Okay. Well, we will continue this until next week and I would entertain -- do we need a motion to continue this? Yes , we do. Pope: Madam Mayor, we -- we don't -- from an administrative standpoint we don't need to continue it. The public comment period is kind of an informal thing that is underway and it can be continued if needed. But the public hearing portion of this is not mandated to continue until next week, if you would like -- De Weerd: In our meeting protocol, because it is a public hearing, we do need a motion to continue, so -- or to close. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Appreciate the comments, Chris. Again, because we have so many members of the public here, I just want to share to our citizens Chris Pope is an incredible employee for the City of Meridian who does great work looking out for all of our citizens of both those underserved and our average taxpayer citizen and this process is -- comes across very simple, very fluid, and it's due in no small part to your great work. So, thank you, Chris. I appreciate that. I do think that for the sake of the public, to give them the opportunity to provide additional comment is needed is warranted, so I move that we continue the public hearing for the program your 2018 CDBG annual action plan to next week. Meridian City Council Meeting Agenda August 7, 2018 – Page 16 of 572 Meridian City Council July 17, 2018 Page 14 of 104 Palmer: Second. De Weerd: I have a motion and a second to continue this. All those in favor say aye. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. De Weerd: So, this was continued to the 24th and at that time we will seek action by the Council. C. Public Hearing for Parks and Recreation Proposed Updated Sports Fees 1. Resolution No. 18-2088: A Resolution Adopting Fee Schedule Of The Meridian Parks And Recreation Department; Authorizing The Meridian Parks And Recreation Department To Collect Such Fees; And Providing An Effective Date. De Weerd: Okay. Item 8-D is a final plat on H-2018 -- oh, boy. I really want to skip over things. I apologize. Cavener: You're the chair. De Weerd: 8-C is a public hearing for Parks and Recreation proposed updated sports fees and there is the sports guy. You're not Garrett. Barton: I will be quick. Madam Mayor, Members of the Council, we are requesting a fee update to four of our adult sports programs. These fee updates -- these increases are to keep up with some of the rising cost of the program. We have had the increases reviewed by the Finance Department and published -- published these on July 6th and July 13th and we are asking for your approval this evening. With that I will stand for any questions. De Weerd: Council, any questions for Mike? Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: Are these increases normal? Do we increase these amounts every year for the most part? Barton: Madam Mayor, Councilman Bernt, it's -- these -- these programs specifically have not been increased for a couple years and it's primarily due to -- it's just pass- Meridian City Council Meeting Agenda August 7, 2018 – Page 17 of 572 Meridian City Council July 17, 2018 Page 15 of 104 through items, so we are -- we are being charged more for umpires and referees so -- so, it's a pass through. Bernt: Perfect. Thank you. De Weerd: Okay. Any other questions at this time? Okay. Thank you, Mike. Barton: Thank you. De Weerd: This is a public hearing on our Parks and Recreation fees for sports. Is there any public testimony? Okay. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: I move that we approve resolution number 18-2088, adopting a fee schedule of the Meridian Parks and Recreation Department, authorizing the Meridian Parks and Recreation Department to collect such fees and provide an effective date. De Weerd: Mr. Bernt, I first need you to close the public hearing, but I thought I wouldn't interrupt you. Cavener: It was a great job, though. Bernt: Did you like that? De Weerd: It was really well read. Bernt: I move that we close the public hearing. Borton: Second. De Weerd: I have a motion and a second to close the public hearing on Item 8-C. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Bernt: Do I have to do it again? De Weerd: Mr. Bernt. You did it so well. Bernt: Okay. Do I -- I'm going to do it a little bit quicker this time. De Weerd: Okay. Meridian City Council Meeting Agenda August 7, 2018 – Page 18 of 572 Meridian City Council July 17, 2018 Page 16 of 104 Bernt: I move that we approve Resolution No. 18-2088, a resolution adopting the fee schedule mentioned previously. Borton: Second. Little Roberts: Second. De Weerd: I have a motion and a second to approve Item 8-C-1. Mr. Clerk, will you call roll. Roll call: Borton, yea; Milam, absent; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. D. Final Plat for Bainbridge Hess Subdivision No. 2 (H-2018-0058) by Dallas Hess, Inc. Located ¼ Mile South of W. Chinden Blvd. and East of N. Black Cat Rd. De Weerd: Item 8-D is a final plat on H-2018-0058. I will ask for staff comments. Parsons: Thank you, Madam Mayor, Members of the Council. The next item on the agenda is the Bainbridge Hess Subdivision No. 2 and, really, the primary reason why this is on the agenda this evening is staff did not receive comment from the applicant in a timely manner to get it pulled off and put on the Consent Agenda, but we did receive written testimony from the applicant. They are in agreement with all conditions of approval of the staff report and I will conclude my -- my presentation and just ask for your approval this evening. De Weerd: Thank you, Bill. Council, any questions? If not, I would entertain a motion. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I move we approve Item H-2018-0058. Cavener: Second. De Weerd: I have a motion and a second to approve Item 8-D. Mr. Clerk, will you call roll. Roll call: Borton, yea; Milam, absent; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. Meridian City Council Meeting Agenda August 7, 2018 – Page 19 of 572 Meridian City Council July 17, 2018 Page 17 of 104 De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. E. Final Plat for Baraya Apartments Subdivision (H-2018-0065) by Schultz Development Located Near the SW Corner of S . Ten Mile Rd. and W. Franklin Rd. De Weerd: A final plat for H-2018-0065 also falls under the comments that the previous item was. They -- they turned their comments in too late for the agenda, so they were published under Action Items. Council, any questions on this item? If not I would entertain a motion. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I move we approve Item H-2018-0065. Cavener: Second. De Weerd: I have a motion and a second to approve Item 8-E. Mr. Clerk, will you call roll. Roll call: Borton, yea; Milam, absent; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. F. Final Plat for East Ridge Estates Subdivision No. 1 (H-2018- 0062) by DevCo, LLC Located North of E . Lake Hazel Rd. and West of S. Eagle Rd. De Weerd: Item 8-F is a final plat H-2018-0062 and I will ask for staff comments. Parsons: Thank you, Madam Mayor, Members of the Council. The next item on the agenda is the East Ridge Estates No. 1 final plat. Again, the applicant did provide comments on the staff report, but there is one issue with one of the conditions of approval. It's really not an issue, it's more of a procedural process that they need to go through. So, in the staff report that we have proposed, if you look at the purple arrow here on the graphic, there is actually an irrigation easement along the buildable lots of the subject plat. The code is very clear that that has to be in a common lot when it's wider than ten feet, unless waived by Council through a public hearing process and Meridian City Council Meeting Agenda August 7, 2018 – Page 20 of 572 Meridian City Council July 17, 2018 Page 18 of 104 because a final plat is not a public hearing, but a public meeting, the applicant, if he so chooses to desire to go the easement route -- common lot route will have to bring forth a miscellaneous application and conduct a public hearing in order for you to take action on that specific request. But I would share with Council and the Mayor that there is a condition to do either/or. So, you are more than welcome to make -- approve the final plat this evening and just leave that condition and the applicant just understands that he will not receive city engineer signature unless that condition is satisfied, either through a common lot or the miscellaneous application to keep it on the buildable lot. De Weerd: Okay. Thank you for that clarification. Is the applicant here tonight? Do you have any comment? Okay. But understanding. Okay. Council, any questions? Okay. If not I would entertain a motion. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I move that we approve the final plat H-2018-0062, with staff and applicant comments and particularly to the flexibility described within Condition 5-E. Cavener: Second. De Weerd: Okay. I have a motion and a second to approve Item 8-F. If there is no discussion, Mr. Clerk. Roll call: Borton, yea; Milam, absent; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. G. Public Hearing for Costco Wholesale (H-2018-0066) by Costco Wholesale Located generally at the southwest corner of W. Chinden Blvd./SH-20/26 and N. Ten Mile Rd. 1. Request: Modification to the Development Agreement to include conceptual building elevations De Weerd: Item 8-G, a public hearing for H-2018-0066, has been requested to continue to July 24th. The site was not posted, so we cannot take comment. We apologize for any inconvenience if any of you were here for Item G. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Meridian City Council Meeting Agenda August 7, 2018 – Page 21 of 572 Meridian City Council July 17, 2018 Page 19 of 104 Cavener: I guess a question. If my memory serves me right, this is the fourth time in a short series of months that we have had this same issue. I guess maybe -- and I don't know if it's worth the conversation to Council in the future about business practices and if Council is getting in the way or what's causing this issue to occur -- it seems somewhat frequently. De Weerd: Bill, can you comment as to the posting and verification? Parsons: Madam Mayor, I'm happy to chime in on kind of what our process is from our department, so that applicants -- how they are notified as to when to post the site. So, right now what -- what typically happens is we receive an application, we process that. We schedule a hearing. An e-mail is auto-generated out of our Accella Enterprise software to the applicant notifying them of their hearing date and the posting requirements are attached to that e-mail, so they click on a link and it tells them when they need to post it and what the sign needs to look like, but that's the -- that's the process at this point. So, it's typically 30 days out and, then, it's -- I know when speaking with Sonya on this particular application she even sent a courtesy e-mail to the applicant reminding them of posting the property and it still was missed. So, we went above and beyond to make sure that this didn't happen, so we wouldn't have these situations where we know there may be some citizens in the audience that want to testify on the application, but in this particular case I think the system works, I don't know what else we can do it -- do anything better, except maybe I can talk with the team and staff and see if we can go back to providing that courtesy e-mail to the applicant and just say, hey, you're ten days out, have you posted the site or give them a week's notice saying to post the site before your -- you missed a date and you can continue to - - we certainly don't want to have these projects continued either. Cavener: Madam Mayor? De Weerd: Well -- and the problem, too, is that once we post this in the paper that it -- you can't -- you can't unpost it. Mr. Cavener. Cavener: Madam Mayor and Bill, that's -- that's good to know that it sounds like it -- the issues are happening on the applicant's side and not on the city's side. I also really appreciate the use -- and your team will go back and look and see if there is an extra level of customer service that we can do -- not necessarily for the applicant, but for our public to come with a certain set of expectations and I can appreciate that on that side that if I come planned and prepared, I have built my week around coming to testify and because of an error I can't do that and now I have got to replan for a week later, it can be very, very frustrating. So, appreciate you and your team trying to find other solutions to encourage the applicants to make sure things get posted on time. Much appreciated. De Weerd: I think many of the people sitting in this room know about the posting and -- and mailing issue, so you can see we have some refining to do. But, certainly, I will apologize in advance one more time. Meridian City Council Meeting Agenda August 7, 2018 – Page 22 of 572 Meridian City Council July 17, 2018 Page 20 of 104 Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Just to get in the weeds just a sliver to that question, the fact that it was identified as a request to continue seems to imply that there is discretion to open and conduct the hearing, perhaps not I'll make a decision, or if that discretion doesn't even exist. De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, there is no discretion. You cannot open a hearing if it hasn't been noticed properly. So, it does have to be continued. Borton: Without the request -- Madam Mayor? Without the request from the applicant to continue it, it would be a request by our staff to continue it based upon improper noticing? Nary: Yes , sir. De Weerd: Okay. I do need a motion to continue this. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: I move we continue project -- file H-2018-0066 to July 24th. Cavener: Second. De Weerd: Okay. I have a motion and a second to continue this item to July 24th. All those in favor say aye. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. H. Public Hearing Continued from June 19, 2018 for Timber Creek Recycling (H-2018-0042) by Michael Murgoitio located at 7965 S. Locust Grove Rd. 1. Request: Amendment to the Development Agreement to include the following : expansion of the existing recycling business to allow a commercial composting component; recycling of additional materials (i.e. food waste, garden waste, demolition debris, and other materials in the same category); utilization of equipment (i.e. loaders, excavators, conveyors, trommels, hopper boxes, air Meridian City Council Meeting Agenda August 7, 2018 – Page 23 of 572 Meridian City Council July 17, 2018 Page 21 of 104 systems/compressors, generators, windrower, crusher, grinder, watering trucks, loaders, graders, tractors with implements, fork lifts and other heavy equipment) and activities (i.e. crushing, grinding , screening, windrowing, unloading/unloading trucks , etc.) necessary for composting; modification of the property to include a weather station, scale house, bathroom with a septic system, storage shed (approximately 40' x 8'), leaching ponds and berms; parking of delivery trucks and heavy equipment; and marketing and sale of processed recycling materials including but not limited to mulch, compost, bark, playground chips, sand, stone, etc. De Weerd: And our next item 8-H was appropriately posted, we just didn't get the mailing piece right. So I will open this public hearing on H-2018-0042 with staff comments. Parsons: Thank you, Madam Mayor, Members of the Council. Tonight's presentation I'm going to structure it a little bit differently for the -- the audience and the Council, so -- De Weerd: Oh, I'm sorry, Bill, before you get started, Mr. Nary, I know you had a comment. Nary: Thank you, Madam Mayor, Members of the Council. I think for the public's benefit I wanted to make a comment before Bill started. There was a recent story in the Meridian Press that I think needed some clarification what was reported in it in regards to this hearing tonight and I would like to at least, for the record, correct any -- any misperceptions that might have been left by that article. The application before the Council tonight is for Timber Creek. It has not been heard previously by the City Council. The news story in the paper -- the news story in the paper in the online version implied at least to me and to others that the purpose of the hearing tonight was to grant this application. It does allow the applicant to begin a composting program with the City of Meridian. That's not correct. The city Solid Waste Advisory Commission in February of this year asked for our service provider Republic Services to provide the commission with information on the composting services -- service for our citizens. That service might include this site. It also could include others. No additional discussions were had by the city, the commission, or Republic Services about this since that request in February. I did speak with Rachele Klein of Republic Services today and she did confirm that they are still exploring that type of program and how it could be handled and managed by Republic Services, but no commitments of any kind have been made with the city or with Republic Services or with the applicant in this case in regards to this application tonight. There was also a comment in the public records -- the city's Public Works Department had met with the applicant to discuss a business relationship with the city and Timber Creek. That discussion is not related to this application, it was not related to composting, it was related to a different use by the city and no additional discussion has occurred since that -- that one visit and it's not related, again, to this application. So, the city hasn't engaged with the applicant in any way. The city doesn't Meridian City Council Meeting Agenda August 7, 2018 – Page 24 of 572 Meridian City Council July 17, 2018 Page 22 of 104 have a business relationship with the applicant. And even if a composting program were to occur with the city, there is a number of steps that has to occur before that happens and the cities relationship would only be with its provider Republic Services and not the applicant. I think the story, Madam Mayor, Members of the Council -- I was concerned that it left a different impression to the public prior to you hearing this application tonight and I wanted to at least clear that up before you start. De Weerd: Thank you. Okay. Bill. Parsons: Thank you, Madam Mayor. As I was saying, tonight's presentation is going to be structured a little differently than what the Council has been used to in the past. I think in our hearing outline this evening we have kind of addressed what the summary of the application is, let you know what staff's concerns are with the proposed use and, then, conclude with some written testimony and a summary of what that written testimony entailed, so that you can make an informed decision on this application this evening. I would also mention to the public that this application was continued from the June 19th hearing due to some noticing issues, but we had those resolved, as Mayor stated, and also wanted to let the public know that because of the industrial nature of this use staff has actually went above and beyond the noticing requirements of 1,000 foot radius, in lieu of the 300 foot radius required by the ordinance. So, that applicant is here this evening to discuss a development agreement modification before City Council this evening. The site consists of 156.5 acres of land currently zoned R-4 and it's located on the northwest corner of Locust Grove and Columbia Road on the vicinity map on the left-hand side. To the right of that is the exhibit of the concept -- concept plan that shows what they are proposing to do if the proposed expansion is allowed to happen. If Council remembers, this particular property was part of the 2015 annexation that the city processed. At that time there was a development agreement that was executed between the city and the current owner, the applicant, that specified certain requirements for this use and how it was to operate. The applicant is here this evening to discuss changing those requirements as described in the current DA. I would also make note to the Council that the subject property is designated low density residential and medium density residential on the city's comprehensive plan. The applicant -- again, I'm going to what their request is. As I stated earlier at the beginning of my presentation, go into staff's concerns and, then, conclude with written testimony from the adjacent property owners. So, basically, the applicant is proposing to amend the DA and add a commercial composting component and retail sales to the existing recycling operation. As I mentioned to you, the -- the concept plan was submitted which depicts the layout of the site and location of specific operations. Currently material, such as wood, grass, leaves, sheetrock and other materials received from the Ada County Landfill and miscellaneous contractors are recycled and used for the purposes of farming and sold wholesale. There are no established hours of operation for the current operation. Additional materials are proposed to be composted that consist of food and garden waste. Activities associated with the proposed use consist of grinding, screening, wintering, bagging, use of tarps for covering and storage of material and delivery trucks parked on the site. When the application was originally submitted to staff , the applicant did include the crushing of asphalt and concrete, recycling of Meridian City Council Meeting Agenda August 7, 2018 – Page 25 of 572 Meridian City Council July 17, 2018 Page 23 of 104 demolition debris and biosolids and that request has since been -- since been removed from the applicant's request. The use of the site will increase -- will include the use of noise generating equipment and heavy equipment to conduct the recycling activities. The applicant is also proposing to construct a scale house, a bathroom with a septic system, a storage shed, weather station, leaching ponds and berms are also proposed to be constructed on this site. And, then, the process -- recycled materials, such as bark, mulch, playground chips, et cetera, are proposed to be marketed and sold as retail to the public. The DA currently restricts the daily number of truckload deliveries to the site from different materials. Wood are limited to 20 trips per day. Grass five and leaves five trips a day -- or, excuse me, ten trips a day and sheetrock deliveries are five, for a total of 40 truckloads daily. These restrictions are proposed to be removed entirely from the -- the current DA. Traffic in -- traffic will increase significantly beyond that generated by the current use with the proposed commercial composting activities. The applicant's proposal is -- is -- the applicant is proposing to impose their own hours of operation on the site, which are between the hours of 7:00 a.m. and 6:00 p.m., Monday through Friday and Saturday 8:00 a.m. to 6:00 p.m. An area will be designated where the general public can drop off their wood products and pick up recycled products. The proposed composting facility is planning to operate a total of ten years. During the last five years the applicant intends to conduct an impact study in conjunction with surrounding developers to determine if -- if after the ten years they need to relocate their recycling and composting activities to another site. So, basically, the applicants are proposing a ten year sunset clause with the current DA modification. In our staff report staff did note some concerns. As I mentioned earlier in the presentation, this site is currently zoned R-4 and as such that is primarily a residential designation for single family homes and the app -- and the current use of industrial uses are prohibited. Again, the applicant has the ability to amend the future land use map, to change it to an industrial destination to allow for such a use to occur, but staff would not recommend that would happen given what's currently planned with the FLUM. It's all residential around it. We don't want to create an enclave of industrial property surrounded by residential uses. Further, the city does -- the city services are not available to serve the property. That makes it a little problematic to develop the site. Staff is also -- a quick example. Back in I would say 2010 the City Council, Planning & Zoning Commission, we approved a UDC amendment that allowed gravel mining within our jurisdiction. That was part of South Ridge Development. That applicant was allowed to operate under a sunset clause with a conditional use permit. During that entire time frame staff received numerous complaints -- code enforcement and planning had to deal with that on multiple -- for multiple years to get that issue resolved. We believe doing the same situation here and expanding an industrial use surrounded by residential could create the same situation for us. Ultimately what staff decided to do was to amend the UDC and remove mining from our jurisdiction. So, a quick note. When you look at the UDC, the primary purpose of zoning is really to segregate uses that are incompatible and prevent new development from interfering with existing uses and/or to preserve the character of a community. Proposed use would create just an incompatible use adjacent to existing and future low density residential properties and impact the rural residential and agricultural character of this area. Therefore, staff is recommending denial of the applicant's requested modification to the DA based on the use being Meridian City Council Meeting Agenda August 7, 2018 – Page 26 of 572 Meridian City Council July 17, 2018 Page 24 of 104 prohibited in the R-4 district and not being consistent with our current Comprehensive Plan. So, in closing staff has received many letters of testimony, some for and some against. The primary concerns included pros and cons submitted with that public testimony included increased truck traffic entering and exiting the property, increase in dust, increase in noise, size and height of recycling material piles and potential fire hazard of compost piles, unpleasant odors, unsightly landscape of the site, limitation of business hours that the recycling operation is open to the public and that recycling activities occur to reduce impacts of light pollution and noise on neighbors. Require fencing around the perimeter of the site, reduced residential property values and less desirable location with proposed use, concern for pertaining to the water quality on the site, negative impact on the quality of life for adjacent residents. Some letters of testimony were in support of a proposed recycling operation there. Also having a successful composting program in the city of Boise and how that would also help the City of Meridian residents. Emissions of bio aerosols, needed improvements for infrastructure to support homes that are currently underdeveloped in the area. Increased commercial use -- use does not belong in a residential area, that is in an area that has continued to grow with families. High winds in the area blowing trash and debris on adjacent properties. Potential for insects to be drawn to the site and, then, in closing, potential contamination of soils. So, Madam Mayor, Members of the Council, as I alluded to you, staff is recommending denial of this application. I will conclude my presentation and stand for any questions. De Weerd: Thank you, Bill. Council, any questions at this time? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Just one question for Bill. I just want to make sure that my bearings are right. This -- the 2015 south Meridian annexation, that was the city initiated annexation of a significant amount of land in south Meridian; is that correct? Parsons: Madam Mayor, Councilman Cavener, that is correct. It was city initiated. De Weerd: Great. Thank you. Parsons: In conjunction with working with the -- the property owners. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: While we are on that, what -- why did we do that and were there any promises made on our part as ability to develop that in the future with regard to utilities and whatnot? Meridian City Council Meeting Agenda August 7, 2018 – Page 27 of 572 Meridian City Council July 17, 2018 Page 25 of 104 Parsons: Madam Mayor, Members of the Council, Councilman Palmer, part of the annexation we realized that this use was occurring and that's why we were specific -- had so many specifics in the development agreement to make sure that if anything were to expand this site would have to come back for Council for approval. As part of those agreements I know the property owners worked with our Public Works Department to come up with a plan to provide services. There was a two year plan and a four year plan that currently services aren't available. I wasn't part of those negotiations, so I don't know what was discussed as part of that application. All I can do is -- is provide the insight to you as based on what we are looking at this evening. I don't know if Mr. Nary can maybe shed some light on that for you or if the applicant can -- can elaborate on their presentation to Council. De Weerd: Mr. Nary? Nary: Thank you, Madam Mayor, Members of the Council, Council Member Palmer, so the city made a decision back in 2014 and '15 to expand to the south Meridian south of Overland and south of Victory. The idea was to move some services further south, but wanting to find out what interest property owners may have in eventually connecting services to the city. There was a great deal of interest. We held a number of public meetings about that and there was a great deal of interest of property owners, both along the corridor of Highway 69, as well as both on the east side and the west side of that road for future services. So, the decision by the Council was made to expand the services. We did do -- and it was approximately 1,300 acres of land had all voluntarily consented to annex to the city, this being one of them. Each of those properties had a development agreement attached to it that would allow them to remain doing the same types of activities they were doing at the time. A designation for a low density residential would be designated on the property, because the zoning was required at the time of annexation to be determined. The city did allow them to maintain the existing uses. There was no agreement to allow them to expand uses without this process going forward that we are hearing tonight. The city basically committed to building the infrastructure to the south and each property was identified individually as to what they were doing. Many were simply open tracts of land that were used for primarily agriculture and so they were just remaining with the same use as then. This one uniquely had other uses on the property at the time and that's why you see in this agreement, different than the others, so truckloads and the amount of -- of waste that could be brought and the types of traffic that was occurring. All of it was to categorize -- basically catalog what was occurring at the time of annexation. So, the intent of the city was to annex the properties under a consent request by the property owners was initiated by the city. The properties could continue to perform and do what they were doing at the time of annexation until such time they wanted to either change the use that would be required to either come back for a modification of the development agreement to do something different than what they were doing or to change the use, expanded the use, or do something else. Again, this modification process was what was contemplated at the time. No other commitments to granting them, not granting them of any of that was ever made, it was simply a contractual agreement between the property Meridian City Council Meeting Agenda August 7, 2018 – Page 28 of 572 Meridian City Council July 17, 2018 Page 26 of 104 owners to continue doing what they were doing and if any change were to occur this is the process it would follow. Palmer: Madam Mayor? So, is this property part of the deal about making sure that we ran water and sewer south? Nary: Madam Mayor, Members of the Council, Council Member Palmer, so this -- that particular Public Works project doesn't touch this property. So, yes, this -- that was the impetus for the city's project to move the services south through the corridor along Victory, south of -- south of Victory. It doesn't get all the way to this. The idea was as -- as development occurs the to and through process would occur, so that's why right now this probably doesn't have access to city services. They haven't reached that far yet. Palmer: Madam Mayor. So -- so, we are -- we have met our obligations of our promises with regard to being able to provide, as far as we were going to I guess at this point. Nary: Madam Mayor, Members of the Council, Council Member Palmer, yes, the project isn't complete, but, yes, it's underway for the water and sewer services that are being moved to the south. That was part of the city's commitment. So, they aren't completed, but, yes, they are underway. Palmer: Madam Mayor. But we are behind. Nary: Yes, sir, I -- oh, sorry. Yes, sir, Council Member Palmer, I think the -- the idea was to have them done by the end of 2018. I'm not sure what the timetable is for completion. I know it's not far off of that, but I'm not certain if it's going to be done right at the end of 2018. It actually was two years from the date. So, I think it's actually January or so of '19, so -- Palmer: Madam Mayor, one more question. So, if -- if this property hadn't been annexed into the city, if it was still in unincorporated Ada county, would the application before us today be necessary for the Commissioners to -- to look at or -- or would he -- the applicant be able to move forward with his plans without government approval? Nary: Madam Mayor, Members of the Council, Council Member Palmer, I honestly can't tell you what would be allowed in the county or what their process would be to change or expand or -- or do anything different than what he's doing now. It would be all through the county. That is correct. I don't know what would be allowed or not. Palmer: Thanks. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Meridian City Council Meeting Agenda August 7, 2018 – Page 29 of 572 Meridian City Council July 17, 2018 Page 27 of 104 Cavener: One additional question, then, for Mr. Nary. Bill, if I remember correctly, it was a blanket R-4 zoning for all of those properties that participated, with the understanding that if they had a change of use, then, they would come back to us. Is that -- is my memory serving me correct? Nary: Council Member Cavener, you are correct. That is exactly what we did. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: I want to say, I don't want to get in trouble by looking up things myself, so I was wondering if we could get an aerial shot -- maybe of even this same size, but of what exists there now. Madam Mayor? De Weerd: Mr. Palmer. Palmer: So, if Google's date down here at the bottom right is accurate, it looks like this imagery is from 2018. Are there any residential subdivisions under construction or have been applied for? Is there anything in the process to be developed around here? Parsons: Madam Mayor, Members of the Council, Councilman Palmer, not directly near the vicinity, but the park is under construction just northeast of it and we can zoom out and show you, but there might be some in the county or Kuna. Residents out -- that live in the area know more, but nothing -- other than East Ridge, everything is primarily extending along Lake Hazel for south Meridian at this point or farther along the Eagle Road corridor. Palmer: Okay. Thank you. De Weerd: So, Bill, since the city designated all of that R-4 and allowing current uses to continue, that might be non-compliant, how is -- is the appropriate land uses being considered during this Comprehensive Plan update or how were these property owners supposed to come in with anything other than R-4 to be considered? Parsons: Madam Mayor, Members of the Council, I don't know if Caleb has this on his radar for a change, but I know -- I don't believe it is, because we envisioned this being an interim use and that's why there were specifics in the DA. It wasn't always meant to be here and that's why the applicant is proposing a sunset clause, because I don't think it's his long-term vision to have issues here forever. I think his long-term vision is to sell this and have some kind of residential subdivision in the future. But I know when we pre-app'd with them we did encourage him to go speak with the adjacent property owners, even the developers that own residential land or were planning to develop residential in the future and see what their thoughts were as part of that -- this expansion. It wasn't explained in the staff report to you. I don't know what kind of conversations he's had with the development community, but it's certainly something Meridian City Council Meeting Agenda August 7, 2018 – Page 30 of 572 Meridian City Council July 17, 2018 Page 28 of 104 that maybe he can shed some light on as part of his public testimony as to where they -- they see this use fitting in with the adjacent or their long-term vision for this area of Meridian. But I'm certainly -- staff is not anticipating changing this to an industrial designation with any comp plan update. De Weerd: I would understand that, but I guess I just want to make sure that that big annexation is considered as you look at the Comprehensive Plan and you work with property owners in this entire area, what is the long-term vision, so -- Parsons: Certainly will. We will have those conversations as we get deeper involved in that -- that process, Mayor. De Weerd: Very cool. Parsons: Thank you. De Weerd: Any further questions? Mr. Borton. Borton: Madam Mayor. Briefly. You might have answered it, Bill. Was the reason this wasn't -- the application wasn't a rezone is because it contemplates a ten year sunset and extinguishment of this expanded use? Parsons: Well, originally -- Madam Mayor, Members of the Council, Councilman Borton, originally it's -- it's low density and medium density that we mention on the future land use map, so we can't rezone it to an industrial zoning. They would have to do a comp plan amendment. Borton: They would have to do a map amendment. Parsons: Yes , they have to do a map amendment concurrent with that. That's -- that's an option we talked about with the current owner and that's why in my presentation we still don't feel it's appropriate to do -- designate a commercial or industrial use there when we have -- everything primarily out there is either low density residential or medium density residential. We still feel the plan is valid at this point. The land use is appropriate for this particular property. We recognize that the DA does kind of control what is currently happening on there and that's why we want to really bring it to your attention and let you know that, you know, we have some concerns with the expansion of a heavy industrial use on this particular property through a development agreement process. Borton: Madam Mayor. That's -- that was some of the initial question at least was if the intent is to go forward and expanded the use and, appropriate or not, if -- I wasn't certain why a rezone application with the map amendment. If you want to get to a certain spot, is that not the right process to get there? Meridian City Council Meeting Agenda August 7, 2018 – Page 31 of 572 Meridian City Council July 17, 2018 Page 29 of 104 Parsons: Madam Mayor, Members of the Council, President Borton, that is the process. That's the process we have. You process a comp plan amendment and a rezone and amend the development agreement, because it's tied -- so, there is a -- it's a three prong approach. De Weerd: Okay. Any further questions from Council? Okay. Would the applicant like to make their comments. Good evening. McKay: Thank you, Madam Mayor. Becky McKay. Engineering Solutions. Business address 1029 North Rosario. I'm here representing the applicant. We are going to do kind of a three-pronged presentation this evening to kind of give you an overview of the legal perspective, the land use perspective, and the operation and no one knows the operation better than Mike Murgoitio and so he will begin. Thank you. Murgoitio: Thanks, guys. De Weerd: Good evening. If you will, please, state your name and address for the record. Murgoitio: Madam Mayor, Members of the Council, my name is Mike Murgoitio. I am the managing member of Timber Creek Recycling. We do business at 7695 South Locust Grove, Meridian, Idaho. De Weerd: Thank you. Murgoitio: We are here for the modification of a development agreement. So, kind of background of who we are, we have been farming for about a little over a hundred years in Ada county. I currently farm about 800 acres right here around that site and I have 1,200 head of cattle just north of there about a mile and -- about a mile and a half. Closer to the sewer line. And what really kind of pushed us into the recycling is our need for cattle bedding and the -- the mulch that we are recycling holds up a lot better than straw. Straw breaks down typically under really wet conditions, so we kind of have been moving forward to try and get more mulch and at a cheaper, more fair price. Mulch is a lot more humane to the animals. It keeps them a lot drier, less tag, which is mud and other things that they acquire in a pen. It kind of provides dual process. You have some of the manures that kind of have some of the high nitrates, which is a lot of the odors you smell and the -- the carbon inside the mulch pulls that away and ties it up and it also kind of works for a dual purpose, because, then, you have the nitrates breaking down the carbon for -- you know, to be available when we apply it in our fields for our crops. So, this isn't something I started. My grandfather started this about, oh, I don't know, 25 years ago or more hauling from the sawmills and, then, my dad kind of came up with the concept of having a grinding deal mixed with this mulch and having that provide our wood waste. We have kind of a great opportunity, because we -- we could never get enough mulch. We were always buying straw and straw is just kind of like a necessary thing, because there is nothing else better. So, when we had a great opportunity come up, I had a local developer friend of mine had an opportunity to grind Meridian City Council Meeting Agenda August 7, 2018 – Page 32 of 572 Meridian City Council July 17, 2018 Page 30 of 104 a bunch of trees up, so we started grinding those up and we thought, man, this is a hot ticket, you know, we are able to save some money, you know, in grinding it ourselves and, then, we had a bigger opportunity come up, which was the Ada County Landfill and when -- when that contract came up we were really looking forward to it, because it was going to really secure us having a good mulch source for our animals and what's really even better, too, that contract was in big jeopardy. It about went away, because there was the -- the previous contractor, who decided he was unable to take and process enough for that material, he just said, hey, guys, I can't take it. So, they were in a panic. We were the only one in the state of Idaho to bid on the contract. The other one who bid on it was trying to go for boiler fuel. When the Balkan hit, the price of natural gas shut down, there was no opportunity. That's why we really had this closed loop partnership with -- with the ag world and the community and their waste. Last year we recycled about a hundred million pounds and what that consists of is food waste. We kind of have a funny deal. We feed our cattle corn and flour tortillas. They kind of pick through it and nose through those first. They love them. We also recycle organics, wood, leaves and the leaves kind of channel this really into the -- the need for -- the idea for composting. The leaves have kind of a high carbon content and you probably don't know this, but when you put a soil amendment into a field you really got to have a good balance of your carbon -- available carbon for the plant and nitrogen. If you had that you have a great combination. If you just put -- grind up straight leaves and throw it in the field real quick, it's going to tie up your fertilizer available to the plant or what you put in. So, it's a good deal over time. You know, it -- it doesn't leave. It still stays there. But it -- it kind of hurts it over the long run. One thing about what we have here is kind of a capacity analysis for some of the stuff that we envision on composting and as you can see the box stores, which we -- we sell to -- directly from the landfill, they have a low -- very low capacity and this in some of the peak times. Same with wholesale. So, that's like your nurseries and municipalities, so that's like your -- you know, your Parks. We currently don't sell there, but that's kind of what we envision through other communities, what they use. So, you can see the farm is really where it takes it. We need it. We could take a ton more. This is just what we kind of have been doing, but it doesn't even touch a fraction of what we need on our farm. So, the risk is in -- when you have these big box stores, the economic cycle hits, it goes down. You have no place to go with this stuff and it really puts a security risk to the recycling process, but when you tie that to a farm -- and that's what my business model tells -- you got to have the farm tied it up and have a secured use. So, I have studied sites from -- anywhere from Hawaii to New York, up to Canada. In fact, I was on my honeymoon in Hawaii and I decided I better go check out a composting facility in LA, so I took a red eye out -- thank God my wife forgive me for that. I feel like it was necessary for what my long- term vision was. They had some information there that I really wanted to see, so that kind of explains my dedication to what my vision is for my farm. So, my team is -- my -- my guys, I am very lucky to have the people I have on board and I could not do it without those people -- I think between my team and my -- our process -- DEQ really felt like we were a good partner for their -- their -- well, they gave us a pollution prevention championship award and I'm very proud of that and they really had that to -- or gave it to us because of our time with the farm and our -- our -- kind of our creativity with how to implement that into the farm. We have the equipment necessary already for most of Meridian City Council Meeting Agenda August 7, 2018 – Page 33 of 572 Meridian City Council July 17, 2018 Page 31 of 104 what we need to do. We have two grinders, we have five loaders, a water truck, two excavators, screen plant -- you know, we already have the scaled down farm. A couple things we probably would need is a windrow turner, a couple more conveyors, some tarps and stuff, but, majority, all that really heavy equipment is already on site. So, it would be a pretty small deal and we threw in a bagger, just because we are like, you know, it might be optional for -- if we end up doing something with that retail, that we -- you know, instead of loading up and, you know, some gal's Saturn, we will give her an option to throw in a bag and do something with it. So, kind of in summary, what our whole goal is is to, you know, to get the landfill capacity, it has a 76 year window right now. We want to lower the fertilizer cost of our farm and lower our overall carbon footprint. Something I'm very proud of is this year we had a -- we -- we did a big study on -- on no-till farming and upon that there is a no till drill you can use, which has spikes -- it spikes the ground and aerates it and studying what I have studied, really, your soil consists of three things. It comes from soil structure, your elements, and your biology and I kind of looked at my leaves and all this stuff and I'm kind of going -- I don't think I need that type of drill. So, we -- we did a test plot and it turned out it hit and I was -- I was like man, we are going for it. We did all of our wheat in this no-till application. We literally harvested our corn, cut it off, came right behind it with a drill, drilled it in the ground and put fertilizer on it. We did no till it and that grain -- I urge you to go out there and take a look at. I am very proud of it. It will -- the yields are great and I think the 20 percent bump in what we would have on cost and no till is something I'm very proud of. Something I'm definitely disappointed in is, you know, my neighbors are, you know, not always sharing as I have kind of come to realize, my enthusiasm to this type of deal, but I feel like it's something that I have a vision for and it's something I really want to do and Becky's going to talk more about some of the things we are going to help with those neighbors. McKay: Becky McKay with Engineering Solutions. If you just hold on a sec. There we go. Oops. Where did it go? Is that it, Bill? Are you controlling it or am I? Right there. Yep . The blue one. Okay. Here we go. I am technology challenged. I admit it. So, Madam Mayor, Members of the Council, like I said, Becky McKay with Engineering Solutions. Mike Murgoitio called me and -- and asked if -- if I could assist him on this application and when he first told me what the application was I was puzzled and he said, well, don't make a rash judgment, I'd like you to come out to my site and tour it and I grew up on a farm. My dad farmed 1,800 acres. Still farms between Marsing and Homedale and so I went out and I spent two hours out at the site and I was impressed. What is going on out there is remarkable, innovative as far as agriculture is concerned, and I kind of put this aerial map together, kind of shows you one of the things that -- that was brought up at the neighborhood meeting. I did attend the neighborhood meeting, the second one, was -- you know, the application is 156 acres, but exactly what acreage is this processing going to be taking place on. Well, as you can see from this aerial, the area where the processing takes place is approximately 39 acres. Now, they do store some material, they do have some stock piles over on the east side of Locust Grove and, then, I went and took -- we did measurements from the boundaries of this 39 acres to all the adjoining homes and so, basically, the closest home is approximately 391 feet and the farthest home is 2,224 feet and that is to the -- to the west. I recommended to Meridian City Council Meeting Agenda August 7, 2018 – Page 34 of 572 Meridian City Council July 17, 2018 Page 32 of 104 Mike -- because, obviously, as a land use planner, you know, we look at impact, we look at mitigation, we look at uses and I said, you know, Mike, my recommendation would be to get with a landscape architect, because, obviously, one thing that you could do to improve the aesthetics of the site would be to install landscaping along your perimeter. Mike took my advice. He went to a landscape architect, they drafted up this landscape plan, showing plantings of different types of vegetation, quick growing vegetation. I recommended vegetation that has foliage year around, not just deciduous trees and so he came up with this detailed landscape plan. Here is kind of another look at the operation, how it is entwined or internalize between the Rossen Lateral and, then, this other sub lateral to -- to the south. The other thing I noticed when I was sitting in his office -- he's got a very nice office on site. There is a secretary there, so there is somebody there all the time -- on the wall was this certificate of recognition from the DEQ and I said, wow, that is impressive and he said, yeah, he said DEQ has referred to our site as an example for other composting sites in Ada county and even in other counties to come and tour and take a look at what we are doing and how we are doing it and use our process as a model and so I was pretty impressed with that. I also kind of got a crash course in composting, recycling and how things work and, Mike, he's been to seminars and conferences and -- and he was a wealth of knowledge and I spent multiple hours with him kind of going through it and he provided me some information from the EPA as far as, you know, what we can do as far as recovery of our food sources, our -- our waste and how that can be utilized in composting to feed animals, as landscaping, and how we can reduce our carbon footprint and how as a community we can become a more sustainable community and I know that's a buzz word now, but I mean I don't think I have ever seen an operation that came closer. I mean people throw it out, but this is really an example of sustainability, not only in some of our urban waste, but using it in the agricultural industry, which is under significant pressure right now with the reduction in commodity prices and the trade wars that are taking place on a national basis -- or world basis. One of the things that I was impressed with were -- I said what is that? He said those are tortillas. They -- he said they are wasted, they are expired, they got moldy, we take those -- we take bagels, we take bread, he said we grind them up and we take those nutrients and, then, we mix it with corn silage and we feed it to our cattle and our cattle, when they are sent to the slaughterhouse, are rating on that prime level far higher than anybody else's cattle due to this being a supplement and I said, wow, what a great idea. These were in secured bins out of sight, in the middle of the site, and I wouldn't even have known they were there. Then I read an article that CH2M Hill did an analysis at the Ada County Landfill and what this tells you is the amount of cubic yards of material, wood waste, for example, and how if you can see from 2007 to -- over the past ten years, the amount of wood waste volume going into our landfill has decreased significantly and that's important, because we have finite space in our landfill. Ted Hutchison is at the landfill, he's a landfill -- or he's a planner that I have worked with since I got out of college, since 1990 -- I will wrap it up. These are just some pictures of the facility and it shows exactly how they water their -- as they are grinding -- I mean it was -- it was an amazing operation to see. Impeccable safety. It was incredible and I'd like to, obviously, give the attorney -- he wants just one minute to close. Meridian City Council Meeting Agenda August 7, 2018 – Page 35 of 572 Meridian City Council July 17, 2018 Page 33 of 104 De Weerd: You don't have time left unless the Council would like to extend that. McKay: He has already submitted his testimony in writing. He said he just had a couple -- De Weerd: Okay. You have one minute. Cranney: He said I had no minutes. De Weerd: No. I would love to see an attorney use just one minute. Right, Mr. Borton? Cranney: Justin Cranney. Hawley Troxell. 877 Main Street, Boise, Idaho. A c ouple of clarifying points in the minute I have remaining. One, the scope of land under the application is too far. It's -- it is what is allowed under the DA. The westernmost parcel, the larger parcel, 77 acres, I believe it is, should not be under this application. We are withdrawing any request on that portion, because it does not apply. Two, there is an argument made that M&G Murgoitio, LLC, the owner of the land, was not instated or was initially dissolved. That has been corrected. The correcting documents have been submitted back. Three, what we are requesting is a clarification of what is already permitted under the DA. The DA allows -- allows certain uses for Timber Creek, specifically we have the right to involve -- to engage in agricultural operations under the Idaho Code. This includes composting, grinding, preparing, bedding, anything that's -- soil amendments, something to help the -- for the farming -- the farm portion of his business. I'm speaking too fast. And I'm out of time. And close just real quick, Idaho Right To Farm Act provides lots of remedies and protections, allow this used to occur. The amendment is a clarification of what is already permitted. Thank you. De Weerd: Thank you. Council, any questions of the applicant? Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: Mr. Lawyer? Have you caught your breath? Cranney: Give me two seconds I will get it back. Bernt: Okay. Can you -- you were speaking so quick. I have a follow-up question in -- Cranney: Please. Bernt: -- in regard to what -- the portion of property that you're taking out of this application, can you expand on that, please? Cranney: So, if you look at the subject -- do I have a mouse that works? So, there is -- there is three parcels that are listed in the DA. Meridian City Council Meeting Agenda August 7, 2018 – Page 36 of 572 Meridian City Council July 17, 2018 Page 34 of 104 Bernt: Right. Cranney: The application. I believe it's one -- is that correct? Bernt: I know which one you're talking about. Cranney: Two. And, then, this large one right here, this third parcel, that is not described in the DA that we are seeking to amend, applicant would withdraw this request at the amendment to the DA applied to that large parcel right there. It's a clean up. Bernt: Just the parcel -- follow up questions, Madam Mayor. Just the parcel that's on the corner of Columbia and Locust Grove, is that the one you're talking about? Cranney: No. Right -- it's on the west of the -- where it says processing area. That's where it's green. Basically the green area. It's actually agriculture. Any further questions I may answer? De Weerd: Council, any further questions for the applicant at this time? So, is -- is this nicely drawn red circle -- Cranney: That's it. De Weerd: Okay. Cranney: Whoever did that, thank you. De Weerd: Good job, Mr. Palmer. Cranney: Thank you, Mr. Palmer. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: So, I got a couple questions for you. Maybe Mike or yourself or whoever. So, the 39.03 acres is what is not currently being used for what you're doing? Murgoitio: Say again now. Over here on the 30 -- right here? Is that what you're talking about? Yeah . So, that's where all our recycling area is currently going on right now. Palmer: So, then, where -- how many acres do you plan on using beyond the 39? Murgoitio: I think we were going to stick to it. Meridian City Council Meeting Agenda August 7, 2018 – Page 37 of 572 Meridian City Council July 17, 2018 Page 35 of 104 Cranney: We were going to propose staying within the two canals and that's 39 acres. Murgoitio: Yeah. Cranney: We were processing a portion of it. Palmer: Uh-huh. Cranney: And, then, on the southern and south of the canal, storage of processed materials. Palmer: Madam Mayor. So, that you're planning on using the same space that you are, just doing more of it? Murgoitio: Correct. Well, over here on -- kind of in the center section of where that -- it's hard to describe -- kind of on the top left there, that was where we had cattle before and we decided it was a better use for where our compost is stored, because we had our leaves stored south on the property and that particular neighbor asked that I move them away from his house and I said, okay, no problem. We will -- as soon as the cattle are gone I will go ahead and move those windrowed leaves up into this area up here where the cattle are. So, we went ahead and did him a favor and moved them up and kind of as a favor, too, we had that Snowmaggedon, that emergency deal over in eastern Idaho with all those onions and that was one of the things where we hadn't had any complaints since we started and, then, we had a couple complaints -- friendly neighbor complaints saying, hey, you know, we understood what was going on, but, you know, definitely that was the only time we ever smelled anything. So, we thought, yeah, it's probably a better location up here than down there. Storage would probably be okay down there, but not product that has an odor. Palmer: Madam Mayor? De Weerd: Uh-huh. Palmer: So, you mentioned in your presentation, Mike, that you currently farm 800 acres. Are they all connected? Are they all here? Murgoitio: The majority of them are basically here and -- Palmer: If you hit the square on the top right you can draw. Murgoitio: Can we zoom out? Palmer: If you switch over to the Google Earth again. Murgoitio: So, just kind of do it with this guy? Oh, yeah. Okay. So, really, we are farming -- if I can scroll out some more. Oh, no. Okay. Well, I'm trying to find the Meridian City Council Meeting Agenda August 7, 2018 – Page 38 of 572 Meridian City Council July 17, 2018 Page 36 of 104 deal. That's not all of it. I own -- I have some more over here. We are farming Marty Hill's place. I think you guys know where that's at. And, then, here. Farming those two pieces. So, pretty -- pretty big chunk of land and that's kind of what we envision is, you know, this has to be kind of tied to that farm ground. I mean I lose the farm ground, I lose my kind of sustainability, you know, aspect and have a home for this. So, I'm not going to put myself in a position to where I'm going to accept material, as some of the other -- my competitors do. I actually had one of my competitors that's hauling to me, because he can't take the amount of material, so I really don't want to move. I want to tie this to a farm one way or another. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Mr. Murgoitio, in the staff report staff notes that the proposed use includes grinding, screening, windrowing -- which I don't know what that is -- bagging, use of tarps for covering and storing material and delivery trucks on the site. Which of those items would be new and which of these items are you currently doing? Murgoitio: So, I think bagging would be the only one and, then, there is a -- I will let you take it from there as far as what the -- the conversation is for what the composting and all that. We would probably be adding more windrow turning, more monitoring, more of a balance of that carbon and nitrogen ratio. We are not really allowed to do that right now with DEQ. So, we are with -- with our development agreement with you guys we are allowed to mix those materials, but we are really not allowed to, you know, turn, monitor, control odor, you know, we are not really allowed to do that right now. With DEQ, not you guys. Cavener: Madam Mayor? Just to follow up then. So, new introduced uses would be bagging and, then, of course, the retail at the proposed retail element? Cranney: Yes . And at this point the applicant is willing to diminish or remove the -- the retail portion if it's problematic. Murgoitio: We felt like if -- in the event that we did a community recycling program down the road eventually, if we ever get the contract with whomever it ends up being with, we wanted to have a place for people to come pick it up for free, because Boise has to haul it into a location and pay somebody to do that. We wanted to have kind of a place to say, you know, here you go, you want to see -- do like site tours, maybe, and, you know, here is how the system works with -- how it works for your farm, you know, how it works with your crops, if you raise tomatoes here is what we recommend. You know, kind of more, you know, hands on. Cranney: And keep the public out of the processing portion of it. Murgoitio: Correct. Meridian City Council Meeting Agenda August 7, 2018 – Page 39 of 572 Meridian City Council July 17, 2018 Page 37 of 104 Cranney: Safety issue. Murgoitio: Safety issue. De Weerd: Did you say that DEQ didn't allow you to do odor control? Murgoitio: Not by the tools that they have. You have to balance -- to make it simple, it's the green, the browns, or the carbon and the -- basically the nitrogen. If you don't have that proper balance -- that's the same thing the way it is in our feedlot. If you don't have enough carbon there it ain't going to attack the smell. So, you have to have that carbon there to tie up the smell. If -- and that's the whole odor management plan. It talks about that when you accept material they want to know what percentage you're going to accept of each individual thing, grass, food waste, you know, leaves, wood -- they want to know all that, so they make sure that you have a plan in place that will kind of balance that out and put a -- put together a process that -- that makes that happen. De Weerd: Okay. But they won't let you do that. Murgoitio: Not under their rules. De Weerd: Okay. Council, any further questions for the applicant? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: That brings up a good point that I just need clarification. They are not letting you do that right now; correct? Murgoitio: No, sir, they are not. They are not allowing us to control odors in that environment. Cavener: Okay. Thank you. Murgoitio: Besides the under capacity. There is -- there is a loophole that says you can go up to 300 or 600, depending on which one you go under, you can do that portion, but beyond that you have to have another -- an odor management plan, plus -- I made a list of steps. You have to have site plans, you know, run-off plans -- I mean it's a list. Cavener: All right. Madam Mayor -- and maybe I'm going down a rat hole a little bit. You're a subject matter expert and I'm not -- 300 or 600 what? Murgoitio: So, there is a BRC and -- so a BRC is below regulatory criteria I believe is what it is. I could be mispronouncing that. But it's, basically, 300 yards that you're allowed to mix and can hold down to what needs to happen and -- to compost. And, Meridian City Council Meeting Agenda August 7, 2018 – Page 40 of 572 Meridian City Council July 17, 2018 Page 38 of 104 then, you have 600 that is allowed up to a tier one facility and what we are going after is a tier two facility to kind of manage that on the scale we are at. Cavener: Okay. Cranney: This is step one to get to the -- towards the tier two facility so they can do the composting. It has to be omitted and, then, they can move aboard for the tier two and, then, they would engage in a composting endeavor above the BRC. Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: Madam Mayor and Mike, I can't help but bring up the fires that they are dealing with in Hailey. Can you address how that would not happen at the facility? Murgoitio: So -- yes, Madam Mayor, Council Member Little Roberts. In that book that I gave him I gave a list of -- of what the concerns were of neighbors and that was one of them and we met up with the Meridian Fire Department and said, hey, you know, what -- what's kind of your rules that we need to follow by. Also I know the guy that is doing that -- that over there in eastern Idaho. You have to have a really strict pile management plan and when I say that, you have to have a probe which fits in that -- we probe all our piles. So, that includes our wood waste and our lead -- our lead file and it has to stay within 140 to 160 degrees. So, that -- that's also part of the composting thing, right? And, then, over that it kills the bad bugs and is risk for fire. Anything below 140 it doesn't kill weed seeds and stuff you need for your -- your compost. So, to answer your question, we had a fire there at our site -- ironically I was down in Vegas at a fire prevention class at waste management and we had a fire on site when I was not there. The pile was isolated. I knew that it was a problem. We ground some really wet material and we piled it in an isolated area and it went -- we were probing it and it went dormant, meaning it went cold, so it went to ambient temperature and, then, what happened was we got a rainstorm and the rain went down those little valleys that it has and it really made it go back anaerobic and we didn't catch it after a year and I talked to a guy, I says do you think this is arson, because I was like -- that thing was cold. That doesn't make any sense. And he says that's a rare occurrence. It can happen. So, we -- we did corrective action to -- to make that to where it doesn't happen again. And we have water trucks on site, plus I have a water tank -- 4,000 gallon water tank right there next to -- kind of in the middle of the piles there and -- and plus our sprinkler system that we bought. Little Roberts: Thank you. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Meridian City Council Meeting Agenda August 7, 2018 – Page 41 of 572 Meridian City Council July 17, 2018 Page 39 of 104 Palmer: I assume since there is not really an expansion -- or is not an expansion in the space that you would be using, what are the -- maybe the top few things within the development agreement that's holding you back? Is it the number of trips that the trucks can make? What -- what is the big factors that are really preventing this from happening in -- Cranney: Well, one of the proposed revisions was to revise the truck limitation to what's needed to fulfill contracts. This has been interpreted as an unlimited cap. Based on the concerns that that caused, we have talked and the applicant is willing to go back to the original numbers with -- that is right now with 40, plus an additional 16 for other recycled materials. The one requested change would be to pull it out -- instead of category -- categorically setting the number of truckloads per item, to give us a cap of 40 per day, plus the 16 if there is other material brought in. So, basically, dial back the requested revision, put it back to what it was, but make it as bulk numbers, because of the ebb and flow of the number of trucks that come in due to the seasons and when material becomes available. Murgoitio: Madam Mayor, Councilman Palmer, something else we wanted to -- is we wanted to leave it open for an emergency issue. If Boise city ever ran into a problem with their site, we wanted to extend the offer, since the site is so large, to say, hey, if you ever run into a fire issue, which does happen, if you ever run into a space issue, you know, we wanted to be able to have an emergency situation say, you know, come on over, go ahead and dump in our site for X amount of time. Similar to like the onion thing that happened. When that was an emergency, we called DEQ for permission, saying, hey, yeah, this is kind of out of stack, you know, do you approve this or not and they said, yeah, this is kind of an emergency, we will allow, so -- Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: If you -- Mr. Murgoitio, question. If you were going to scale back the amount of trips from industrial-type vehicles from unlimited to the existing 40 plus 16, are you still needing the -- to change -- are you still -- is it still going to necessitate an industrial type designation? Cranney: It's our opinion that the use is heavy, but it's an ag operation under Idaho Code, because what we are producing are agricultural products. This is an agriculture operation to produce agricultural products, specifically bedding for livestock, produce compost, soil amendments, prepare the soil and produce items that are necessary for agriculture and as Mike's previously testified, a majority of this material -- a vast majority will go to agricultural purposes. Bernt: Madam Mayor, follow up. Are you still going to need the industrial designation? Meridian City Council Meeting Agenda August 7, 2018 – Page 42 of 572 Meridian City Council July 17, 2018 Page 40 of 104 Cranney: We are not asking for an industrial designation to my knowledge. This is just to amend the DA to clarify what uses are permitted under the DA and under Idaho law on the site and to modify the trip and where possible -- I mean, obviously, the retail portion is on the table, but it's meant to service the public. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I don't know if I heard that right, but the draft DA -- I take it we didn't do that. Is that part of your proposal? Cranney: That was the initial proposal and through conversations with neighbors -- sorry. Through conversations with neighbors and -- and working with staff and seeing all the reports and the injections, it's been dialed back substantially. Borton: Okay. Cranney: It was kind of the -- let's wish for the moon and see what we get, but as we have talked to people -- we have actually talked with, what -- and seen what the operation is going to be, we are willing to dial it back to make it what is actually necessary for the anticipated use in the near future. The next ten years, essentially. Borton: Okay. And Madam Mayor? De Weerd: Mr. Borton. Borton: I might have misheard you. If the -- the 2015 annexation had a DA that placed consentually agreed upon restrictions to certain uses. Cranney: Correct. Borton: Right? And this request -- with perhaps good reason, does seek to expand a variety of those uses that -- that absent a change in the DA couldn't be done today. Otherwise, you probably wouldn't be here. Is that fair? Cranney: Well, Madam Mayor, Council Member Borton, I partially disagree with you on that. The DA when we negotiated this with the city, we were seeking to have flexibility, knowing that future changes would occur. One of the -- so, if you look at the DA, there is a couple of provisions that were drafted to allow some flexibility. For example, Section 4.8A, the original language states: Operate Timber Creek recycling on the property as is currently conducted or may be conducted in the future. Section 4.81H under the revised document says: Owner developer is allowed to accept other materials to recycle, which are the same category as the material identified above. The other one that I mentioned in my memorandum was Section 4.6. Any use constituting an agricultural operation as defined in Idaho Code 22-4502 is permitted. So, if we look Meridian City Council Meeting Agenda August 7, 2018 – Page 43 of 572 Meridian City Council July 17, 2018 Page 41 of 104 at that section, agricultural operation allowed, for the preparing land -- with a bunch of other things -- preparing land for agriculture production, fertilizing, plant compost, keeping livestock, processing and packaging agricultural products, transporting agricultural products to or from the agricultural facility, selling agricultural products at a farmer or roadside market -- roadside market. There was flexibility drafted into this. The purpose in coming before the Council was to make the composting component explicit. We do not want to have a future fight on, okay, we are going to engage in a composting endeavor -- well, this doesn't explicitly say in the DA you can do composting. We didn't want a fight. There was hope that the contract, if the city were to adopt the composting program, well, we wanted to make sure that the DA permits that. So, the purpose was let's make it explicit, let's add some flexibility on the truckloads, which we can dial back on, depending upon how -- how widely adopted it is by the citizenry of Meridian. Let's have a portion of the property that can be secure and safe, so if the citizens want to come and pick up free compost there is going to be a site set aside. So, the purpose was less of -- we want to vastly expand what we are allowed to do, it was to clarify what we can and expressly state what we can do. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: One of the questions -- I don't know if it's to Becky or to you on -- you know, a lot of this sounds like -- there is a lot of -- kind of loose ends with a -- with a pretty intense use and if -- one side of the argument could be this is such a great long-term investment for this region and asset to the community, is you rezone it, call it -- you know, call it what it is, make it an industrial application, amend the map, really drill in the details in the DA, there is a lot of things that aren't yet in there and -- and process -- process it that way and get a little lengthier, more involved public input and own it, it's industrial. Cranney: So, Madam Mayor, Council Member Borton, the DA is drafted to expire. Should there be certain development within a certain range, the ability to conduct the operation on the property starts diminishing quickly. So, this isn't intended to be a permanent location and so I think a rezone may be excessive for what the intended term of use may be. Borton: Madam Mayor. One of the sections talks about unless rezoned, which sort of seemed to imply that this was really a holding use until it's developed to what its ultimate use is going to be, but that seemed to be appropriate and part of that lengthier process is there -- there was comments from Central District Health that seemed a bit kind of in a circle asking for an operations plan before it could -- it wanted to review and approve an operations plan before it can comment up or down on its recommendations and -- and I know our fire department made reference to needing to see a process hazard analysis -- not to belabor steps after steps, but those seem to be really important and they are necessary to vet and include into a DA and insure that they completed and Meridian City Council Meeting Agenda August 7, 2018 – Page 44 of 572 Meridian City Council July 17, 2018 Page 42 of 104 complied with. Don't have any of that yet either, too, so that's what maybe begged the rezone question as well. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: Along with comments from Council Member Borton, it just -- it seem -- it seems to me like there is just a lot of moving parts. You know, there is a lot of changes -- in fact, Mr. Lawyer said that -- I don't know your name, sir. What's your name? Cranney: Mr. Lawyer. Bernt: There is a substantial change in the development agreement. So, I -- it's hard for me to like -- like I feel like it would be really hard for me to even make a decision, you know, yea or nay or whatever, knowing that there is just so much going on, I'm not quite sure exactly how far you're scaling back, what you're scaling back. This is a -- this is a -- a really big decision for this area in our city and for me -- like I just -- I just -- I just need -- I'm not the smartest guy up here on the stage, all right? I -- I need to be able to read like exactly what it is and in -- because in ten minutes I will probably have forgotten. So, it's -- I would prefer to have a revised development agreement that is -- that is concrete, that we can look at, that we can decide upon. That would help. And, then, we can go from there, depending on what it is and have -- but it seems like there is just a lot of stuff going on, scaling back, forward, backwards, sideways. It's -- I'm not following it. McKay: Madam Mayor, Councilman Bernt, I -- I was kind of the same opinion when I first started going through this information and -- and so I'm -- I'm like, yeah, okay, so the composting is taking place on the site and you're already doing this, so, technically, what are you asking of the Council and so I think, you know, as -- as I met with -- with Mr. Attorney -- Justin. Bernt: Justin. Your name is Justin. McKay: -- and Mike, you know, they kind of said, well, you know, the -- when -- when the original development agreement was drafted, you know, they did not initiate that annexation, the city did. They were there pre-existing since 2011. These uses were taking place -- this agricultural integration of composting was taking place and so the city, I think with the help of Justin and -- and Mike tried their best to, okay, how do we define and protect the current uses that they are recognized and a legal non-conforming or interim use and they did the best they could, but as a few years went by and as DEQ's regulations have changed and now they are asking Mike to do mixing of different materials, but yet he has to, obviously, have some type of clarification documentation from the municipality that governs him, which is you guys, because he became annexed into the City of Meridian, then, it -- it does need defining and I agree with you that I think -- I would like Justin to, you know, try to set forth, you know, the 40 trips plus 16. Get rid Meridian City Council Meeting Agenda August 7, 2018 – Page 45 of 572 Meridian City Council July 17, 2018 Page 43 of 104 of these different categories that were so confusing. You know, the Idaho legislature has taken great effort throughout our state's history to protect agriculture and anything that is ag related, you know, cannot be considered a nuisance. You know, my dad bales all night sometimes if the moisture is right. I mean, you know, you have aerial spraying and you do it at night, you know, and so, you know, the Right To Farm Act, which -- which this body has us put on subdivision plats when we adjoin agricultural land clearly states that, you know, any agricultural uses or expansion of those uses, if they are not negligent in nature, are legal under the state law and all comp plans -- all comprehensive plans throughout the state recognize agriculture and so what you have here is kind of an anomaly. Is this an industrial use? No, it's really not, because it's part of his agricultural use. Sixty percent of these materials are used on his site. He also delivers to other dairies -- to dairies who use this material. So, maybe 40 percent of the material that he is, basically, generating through this composting facility is leaving the site and going to people's gardens and to parks, et cetera. Over to Home Depot put in a bag. So, I think this is -- this is something that's unique and that's what I found when I went to the site. That's -- it's not a recycling site like you -- you know, cans and bottles and plastics and et cetera, this -- this is an integrated agricultural use of composting and sustainability of his farming operation. So, we have to look at it from that perspective. I don't think to -- to rezone him I-L or change the designation on the land use map is appropriate, because it is interim in nature, but integral to his ag use. So, we have to look at it, you know, from that perspective. It -- it's blurred. Councilman Bernt, exactly. It appears to be blurred. But I think we can, with effort, define that and protect and Mike said the same thing. I want to be a good neighbor. Every time -- I didn't -- you know, I had never received any complaints until the onion incident and now I was shocked, you know, to see that, you know, people were upset about dust and -- and so, you know, he's been out there working on, you know, watering and sprinklers and -- I mean it was amazing. There were no odors. I mean it was -- the site was clean as a whistle as far as I'm concerned. De Weerd: So, Council, any further questions? I am sure Becky could share her passion for the next hour, but we still have public testimony to take. McKay: Sorry. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: And I'm hoping for Becky's views, expertise, and I'm assuming you deal with other jurisdictions than the City of Meridian, so had this not happened -- because, you know, my understanding of -- of the reason that we annexed a whole bunch of this on the south is because we were in a little fight with Kuna and wanted to draw a line in the sand and so we went out and asked a bunch of property owners south of us to join the city to help us kind of draw that line, so that Kuna stopped advancing their forces north, but -- so, understanding that and that that's the reason, I assume, that this property was Meridian City Council Meeting Agenda August 7, 2018 – Page 46 of 572 Meridian City Council July 17, 2018 Page 44 of 104 part of that whole group there, had they stayed in the county what might be the process to be able to accomplish what they are trying to do today through us? McKay: I would, obviously, have to go through the county ordinance and -- and look at some of their definitions, but when he was in the county, you know, they viewed him as an agricultural use, because of the way his operation was ran. He had no code enforcement issues or citations and, typically, you know, when the properties are annexed, if we have a legal, you know, use on the property, then, the city recognizes that use, which you did through that DA. I mean this is -- this is kind of a funny thing and -- and my passion is -- because, you know, I grew up on a farm, so it's not very often I get to defend agriculture. Palmer: Thanks. De Weerd: It's not often we hear about agriculture, so -- okay. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Really, the only exception to when we do hear a lot about agriculture is residences -- or residents from south Meridian who come to us and say, stop, we like the agriculture. Stay away from the rims. Stay away from -- from south Meridian. We want the farms and want cows. We want agriculture. So, I -- I mean I'm -- I keep seeing nods and head -- head shakes from the same 50 people and so I'm dying to know what they have to say. So, I will shut up and -- De Weerd: Okay. Thank you. Council, I'm going to call a five minute break and -- because it's been requested and -- and we will reconvene at -- at 8:05. (Recess: 8:02 p.m. to 8:09 p.m.) De Weerd: Okay. I will go ahead and -- and open this meeting up again. Thank you for the quick break. This is the beginning of our public testimony process. As you came in you signed up and you indicated whether you wanted to provide testimony or not. If, when your name is read, if you changed your mind let us know. That's always allowed. Three minutes and as I had mentioned, you will see that on the screen right in front of you and I will turn this over to Mr. Clerk. Coles: Thank you, Madam Mayor. The first on the sign-up list is Joshua Leonard. Against. Wishing to testify. Leonard: Madam Mayor, Members of the City Council -- I'm not sure which -- De Weerd: Good evening. You can take your choice. Meridian City Council Meeting Agenda August 7, 2018 – Page 47 of 572 Meridian City Council July 17, 2018 Page 45 of 104 Leonard: Fantastic. My name is Joshua Leonard. My address is 4099 West Bavaria in Eagle. I represent a group of neighbors who oppose the application. As such I would request that ten minutes, as opposed to having them speak each for three. De Weerd: Okay. Borton: Madam Mayor? De Weerd: Council -- Borton: If you can get a little closer to the mic. Leonard: Sure thing. De Weerd: Just pull one. Yeah. Choose one or the other. Leonard: Okay. Rather then -- thank you. Good. I appreciate Mr. Nary's clarification. De Weerd: And if I could ask who all -- if he represents you if you will raise your hands. Okay. Thank you very much. Leonard: I appreciate Mr. Nary's clarifications to the Meridian Press article. At the outset I would like to clarify a couple of items. First, it was -- the statement was made that the applicant is proposing a sunset provision. That's not actually true. What the applicant is proposing that -- it's ten years to undertake an impact assessment to determine whether or not to continue at this location. There is no sunset provision in the existing or proposed development agreement. I also at the outset want to mention that the neighbors that I represent are not opposed to the use. So, I think it's fair to say that all of them are in favor of composting. This is a group of -- of farmers, builders, engineers, financial professionals, entrepreneurs all. They -- they understand agriculture. They probably moved to this area, many of them, because of the -- the sight, smells and sounds of agriculture. I totally understand that. I like to tell people I was raised on a farm. My wife always corrects me and says that I was actually raised near a farm and that's probably more true. I submitted a memorandum and a rebuttal memorandum into the record. I'm not going to go through all of that. I hope that you have read through those. Instead, what I want to do is discuss a few major points of -- of objection by the neighbors I represent. First is that the applicant's proposed expansion and extension of its heavy industrial use violates the city's development code. In the table of uses that -- that governs what uses are appropriate or authorized in this zone -- in R-4, it's not allowed. This industrial use is not allowed. Even with a conditional use permit. The only reason that it is allowed is because it was a recognized, nonconforming use at the time of annexation. City code is extremely clear on how to expand or extend that use and that is by a conditional use permit. That's not before the City Council today. Even if the development agreement is amended that doesn't take care of the part of the code that says you have to get a conditional use permit. All that is is a contract between the city and the applicant that's enforceable as a Meridian City Council Meeting Agenda August 7, 2018 – Page 48 of 572 Meridian City Council July 17, 2018 Page 46 of 104 contract or enforceable by revoking zoning and putting it back into the county into an RUT zone where this, likewise, would not be permitted. This would have to get a conditional use in the RUT zone as well, except for the fact, again, that it's a non- conforming existing use. Unless until that -- this applicant obtains a nonconforming use -- or, e xcuse me, a conditional use permit, use of the property is limited to what it exists -- what existed on the property as of the date of annexation, which was towards the end of January of 2016. The second reason the neighbors I represent oppose the application is that it violates the city's adopted policy, which is to phase out non- conforming uses, not encourage them to continue. To quote from the city's development code is that the city should allow any nonconforming property use or structure to continue until they were removed, but not to encourage their continuation. The applicant's proposed use isn't a temporary use and it's not an interim use. It may be technically categorized as that, but as I mentioned a minute ago, there is no sunset provision for it and the more money that the applicant puts into establishing this, the more inextricably embedded his operation becomes at this location and it proves more costly and more difficult to move. The third -- the third reason that the -- the neighbors oppose this is they don't trust the process. They oppose this application, because they were told that they could count on the zoning when these properties were annexed and before that in the county in the RUT zone, that it would be in a rural to urban transition zone that would slowly become more dense and more urbanized as city -- as city facilities and services reach them. The property on which the applicant's operation exists was a dairy farm until about 15 or 20 years ago and recently, at least since it was acquired by the applicant, it's been -- it has been an agricultural use that is covered by the Idaho Right To Farm Act. Let me get to that in a little bit. Depending on whose testimony you believe, though -- and a lot of the testimony will come before you today -- either shortly before or shortly after the development agreement and annexation, the applicant's use intensified greatly and now represents an industrial use, not an agricultural use. It also violates -- it -- as I said a few moments ago, it violates the city's R-4 designation, but it also violates the terms and conditions of the existing development agreement. In order for it to be a use to be truly considered a nonconforming legal use at the time of its annexation and initial zoning, it had to be a legal use in the county at the time and it wasn't. If it wasn't allowed under the prior zoning designation, it is not a nonconforming use that's recognizable by the city. The agricultural use recognizable as a nonconforming use, the industrial is not. The neighbors also don't trust the process, because it let him down once before and that was in 2016. You're going to hear testimony from some of them that despite being within the notification area to receive notice of the -- the annexation and the development agreement in 2016, they didn't receive that notice. In fact, the city even hopscotched a couple of those properties -- or the properties belonging to these folks and -- and while they connected and meet the legal standard for annexation, aren't necessarily -- it wasn't necessarily fair to these folks and so they don't trust the process that it's going to be carried out. If they had received notice they would have been before you back in 2016 arguing that the -- that the applicant's industrial composting operation didn't lawfully exist in the county, as I mentioned. The fourth reason that the -- the neighbors I represent don't don't believe that the applicant is -- or, excuse me, is that the neighbors don't believe that the applicant will comply with the restrictions in the existing Meridian City Council Meeting Agenda August 7, 2018 – Page 49 of 572 Meridian City Council July 17, 2018 Page 47 of 104 development agreement, let alone with the -- the proposed amended development agreement. I spoke with one neighbor who told me over the past two and a half years the applicant has purchased two new 5.5 cubic yard loaders, two new excavators, a -- and he puts in parentheses -- very loud 600 horsepower chipper, a 400 horsepower shredder, three large six unit chip trucks with Jake brakes, all of which run ten to 12 hours per day or more almost every day. Add to that the seemingly endless visits of garbage trucks, numerous trucks hauling 30 cubic yard roll on, roll off dumpsters and smaller private trucks making deposits and that's just the incoming traffic. Some days as many as 50 or more large commercial trucks come in and out of the property. I want to remind you that 40 was the limit in the existing development agreement. With one -- with one loader loading up the trucks, the other feeding the shredder and the excavators feeding the chipper. There is also a 1,000 plus horsepower grinder that the applicant mentioned during last Wednesday's neighborhood meeting and earlier today you heard him say that they have two grinders on site, although the current development agreement only authorizes one. The fifth reason the neighbors oppose -- I want to clarify one last statement, too, that a thousand plus horsepower grinder -- they're going to hear testimony from the neighbors or -- that that machine rattles the foundations of their homes. Even if they are over a thousand feet from this site causes the frames on their walls to -- to rattle. It's an inconsistent and incompatible use in -- in this zone. The fifth reason the neighbors oppose the application is that allowing the existence -- let alone the expansion of a heavy industrial use in a residential zone just doesn't make any sense. As you read in the city staff report, you can look at a prior example of something like this allowing the expansion of an industrial use in a residential zone and that's -- I believe it was a quarry or gravel mining operation. To quote the staff report, the result was a lot of complaints from neighbors pertaining to noise, dust, structural damage to homes, hours of operation, et cetera, which had a significant impact on city resources, i.e., code enforcement and planning -- and planning division. According to the staff report it was that experience that resulted in an amendment to the city's Uniform Development Code to now prohibit industrial uses in residential districts. I have some images that I have prepared. Do I just click on this to get them moving across? Here is the operation as it existed as of April 29th, 2015. Let's see here. Page down. In 2016 the Ada County GIS image the -- of the site you can see the extent of it there. 2017, June, Google Earth image of the site. These are pictures from just the other day. You can see all the -- in the foreground you can see the Rossen Lateral and how close the storage of these wooden materials is to the -- the Rossen Lateral. I point out that -- I mentioned it in my -- in my memorandum also, the city actually requested comments from the wrong irrigation district. The incorrect irrigation district was kind enough to provide the contact information for the right one. That's of particular concern, though, that lateral being so close, because of the leaching that can often occur, especially as the applicant applies water to keep down the fire risk on these piles full of wood. Next. There is a more close-up view of the piles of wood and you can see the Rossen Lateral in the foreground. Here is the other -- another angle of that. More of the -- the pile of what you can see, comparing this to the Google Earth and the GIS from Ada county, the -- the operation has greatly expanded from what it was -- what was permitted or allowed under that development agreement. Ask you to consider all these factors and deny this application. Meridian City Council Meeting Agenda August 7, 2018 – Page 50 of 572 Meridian City Council July 17, 2018 Page 48 of 104 De Weerd: Okay. Council, any questions? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Just one. If you can answer. Would your clients prefer the existing use to continue in perpetuity or an expanded use with a certain end date? Leonard: That's a really good question. I'd have to ask them directly. I don't know we have gone there. We have talked about what mitigating conditions they might be willing to accept in order to allow it to exist there. The problem is, again, that there is no -- there is no faith that -- that those limits or -- it will end up being a lawsuit. It will end up being a fight to get the applicant -- or the -- the applicant's operation to leave the site. One of the big issues that I noticed -- we attended a neighborhood meeting last Wednesday. One of the biggest things I noticed is that the neighbors aren't being given any information about what the intent of the operation is. Numerous times they ask the applicant for information on the number of trucks, the type of material, what the -- what the process, is who the contracts are with. Each of these times the applicant responded I'm not at liberty to divulge that. There is a fair amount of fear existing here amongst -- amongst these neighbors. I don't -- I, frankly, don't know that they would be able to accept conditions on a new use. Borton: Okay. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I have got a few questions, but it sounds like we will be hearing from some residents, so I will hold most of those, but the one that would maybe help me -- you referenced kind of the differentiation between ag use and industrial use. Can you help me see how you're differentiating between the two and why you believe this is industrial use and not ag use? Leonard: Certainly. I was going to go back to the Right To Farm Act and I ran out of time, but I mentioned that I would cover that. The Right To Farm Act -- I encourage you to ask your city attorney for an exposition of what that includes. It's not what the applicant would encourage you to buy into. It's not that you can't regulate the uses -- in fact, the preservation of the ag uses on the property was accomplished by the development agreement that was negotiated by the city and the applicant. What they are -- what they are expanding to is an industrial use. You heard testimony from -- I believe -- Bernt: Can you get a little closer to the mic. Meridian City Council Meeting Agenda August 7, 2018 – Page 51 of 572 Meridian City Council July 17, 2018 Page 49 of 104 Leonard: The applicant's engineer who said that 40 percent of that leaves the site -- 40 percent of that use. I would say based on the photos that -- that we have shown, the -- the piles of the wood, that the intensification beyond an agricultural use that was recognized in that -- in that development agreement is industrial, is -- because it is going off the site, it's being sold to big box stores. Again, testimony was received for the City Council today that the applicant has contracts to sell this stuff to big box stores. That's not allowed under the existing development agreement. There is several ways in which the applicant is in violation of those existing agricultural uses. Cavener: Madam Mayor. You're the attorney, so you're a lot smarter when it comes to this stuff. Leonard: I don't know if that's true. Cavener: So, do you contest how the materials are being distributed moves it to an industrial use, not the process that's occurring on the site? Leonard: No, not necessarily. I think -- Cavener: Okay. Leonard: -- that's an element of it, but the Right To Farm Act actually includes a definition of what falls within an agricultural operation or an agricultural use and it's pretty broad, but it doesn't limit the city's ability, so long as the agricultural piece of that is protected, the intensity of that is protected. The existing use is protected to the zone of property and not allow it to expand. So, the expansion piece of that -- or that industrial piece, not based solely on where it -- the product -- product is going, but also based on the level of intensity of use on the site and the type of -- the type of products that are being produced, the type of machinery being used to produce those products. I think all of those factor go into that. Cavener: Thank you. De Weerd: So, in your opinion if this had not been annexed would this use to be allowed? Leonard: The use -- the expanded use? De Weerd: Uh-huh. Leonard: No, it would not be, because under the -- under this -- the county's non -- or prior nonconforming use statute -- and that's not statute, it's their code. It's their ordinance. It would -- he -- they would have to go through the exact same process that's -- that's required by the city's code and that's a conditional use permit, not just a modification to a development agreement. Meridian City Council Meeting Agenda August 7, 2018 – Page 52 of 572 Meridian City Council July 17, 2018 Page 50 of 104 De Weerd: Is that -- I thought there was a recent change in the legislature that allowed a right to use in agriculture without even a hearing needed. Leonard: You would have to ask your -- your city attorney. De Weerd: Well, no, we don't do ag. So, I mean -- so I just thought I would try you first. Leonard: Madam Mayor, there was change with regard to the -- the closed animal feeding operations, but I'm not aware of one that allows an agricultural use without -- on a property zoned something else without it going through that city's -- or other municipality's process. De Weerd: Okay. Any other questions from Council? Okay. Thank you very much. Coles: Next listed is Janet Gearhard, who is against and would like to testify. De Weerd: Good evening. If you will, please, state your name and address for the record. Gearhard: I'm Janet Gearhard. I live at 7850 Gearhard Lane in Meridian. De Weerd: Thank you. Gearhard: We live -- De Weerd: If you can pull the -- the mic -- Bernt: Really close. Gearhard: Really close. I used to teach school. We live directly across from the entrance on Locust Grove, directly across from the entrance of this facility. The Meridian Press article about the recycle facility was certainly favorable and definitely timely. Unfortunately, it is not all true. The truth about the effects of the recycle facility on the handful of residents was never considered. Mr. Murgoitio's comments are very favorable for him. The facility has grown to such a size that it is invading our homes. The noise of the grinder can be heard in our bedroom. It sounds like it is in our front field at times. It is constant for 11 hours a day. Some days are worse than others, but that just means it is closer to the neighbors on the other side of the mountain of wood piles from 7:00 to 6:00, six days a week, except for Saturday when it starts at 8:00. For the benefit of the neighbors we listen to the grinder and other equipment, the coming and going of semis and other trucks. It is relentless and it's invasive. I asked Mr. Murgoitio about the noise and he said it will increase. It is worse now than it was a year ago. Loaders, excavators, conveyors, hopper boxes, air systems, compressors, generators, windrower, crusher, grinder, water trucks, loaders, graders, tractors, forklifts and other heavy equipment and activities, including crushing, grinding, unloading and Meridian City Council Meeting Agenda August 7, 2018 – Page 53 of 572 Meridian City Council July 17, 2018 Page 51 of 104 loading of trucks, that adds up to more noise. It cannot be controlled. He plans to have a big enough operation to take in all of Meridian, Eagle, Boise and eventually opening it to surrounding communities. The increase in noise, the traffic, the dust, the smell is not conducive to a neighborhood. This is a mammoth operation. He is asking for 156.5 acres. He tells us he will not use it all, but let us just stop him. The request uses the term et cetera. There appear to be no limits to the equipment, activities, or the recycled material Timber Creek can produce, market, and sell. We are not just a handful of opposing residents. Many of us are longtime Idahoans. We have built our homes here. Excuse me. We have raised or are raising our children. We work our jobs, we pay our taxes. We do not deserve to have our home overrun in this way. We will be at the mercy of Mr. Murgoitio and his staff. We will endure this for the next five years until they reassess and determine if the development alignment is such that they should consider moving. We put up with it all and have our property value depreciate until they decide it's beneficial to move to another location. W hy not move now? He told us property is too expensive. Will it be cheaper in five to 15 years? Mr. Murgoitio told the Meridian Press reporter that the citizens of Meridian will soon have a compost facility in their backyards. No, it will be in our backyards and across our streets and most of us -- excuse me -- and most of us are not even Meridian, we are in Ada county. I wondered what the outcry would be if an industrial-size -- if an industrial-size commercial recycle facility such as this was being considered for the city of Eagle or near one of the developments of Meridian. It is a good idea, but the wrong location. It belongs far from all residential areas. Thank you. De Weerd: Thank you. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Mrs. Gearhard, would you entertain a question? De Weerd: I'm sorry, ma'am. Gearhard: Sorry. Cavener: I didn't mean to make you walk all the way back up here. First, thanks for being a teacher. It comes with a lot of patience. Appreciate you being here tonight and -- Gearhard: And you need a stronger voice. Cavener: That's okay. That's okay. If I hear you correctly, it really sounds like the sound is -- is the biggest issue that impacts you. I recognize there is other challenges for other people -- Meridian City Council Meeting Agenda August 7, 2018 – Page 54 of 572 Meridian City Council July 17, 2018 Page 52 of 104 Gearhard: It is the sound. Just this -- just today -- I mean we can hear it in our bedroom. We are out in our yard. It's just there and it's constant. It's from 7:00 to 6:00 and it is constant. Cavener: Madam Mayor. Mrs. Gearhard, there is a map that's on that screen in front of you. Can you either maybe move the mouse and show us where your house is as it pertains to the map. Gearhard: Probably not. Cavener: Sorry. Gearhard: Sorry. I am -- we are -- if I point my finger -- Cavener: Or even here would be fine. If you would show us which one of these homes is yours. And, Mrs. Gearhard, the reason why I ask is it sounded like the applicant has intended to put up trees and foliage, which we have seen in other developments as mitigating -- Gearhard: Trees are not going to stop the sound. Cavener: Madam Mayor? Milam: Mr. Cavener. Cavener: I guess where we have seen foliage work to mitigate sound in other applications in Meridian and across the country, why is it your belief that this -- that wouldn't work? Gearhard: I just don't believe so. These grinders are -- you very much -- they are very loud. Cavener: Okay. Gearhard: And, like I said, sometimes it's a little less, because he's moved it to the other side. That's just impacting the neighbors over there. But it has been relentless and it's been much worse this summer. Cavener: Okay. Thank you. Gearhard: Okay. Coles: Next is Wayne Gearhard, against, wanting to testify. De Weerd: Okay. Thank you. Meridian City Council Meeting Agenda August 7, 2018 – Page 55 of 572 Meridian City Council July 17, 2018 Page 53 of 104 Coles: Randy Hopkins. Against. Wishing to testify. De Weerd: Good evening. If you will, please, state your name and address for the record. Hopkins: Randy Hopkins. 1390 East Mallory Lane, Meridian. 83642. Thank you. I live about 7/10ths of a mile down Locust Grove from Columbia. So, cruised around with Mike for 30 to 45 minutes in his pickup and I have got to say that I am -- my wife's from Boise and she's a recycling fool and taught this Canyon county farm boy, you know, to recycle and -- I mean my hat's off to Mike with, you know, the recycling thing. In my opinion we absolutely need to do that. The reality is, even 7/10th of a mile I have smelled his operation probably about five, six times -- the noise over the weekend. I wanted to play -- this is from actually Paul Winward. It's a little closer, so you can kind -- got a sense of the magnitude just on the iPhone. Maybe it won't -- De Weerd: I like the birds. That is awesome. Hopkins: Yeah. Yeah. Exactly. The reality is it's ridiculous -- is the reality of it. It's an R-4 zone. It is an extensive commercial industrial operation simply in the absolutely freaking wrong location. I could not even imagine being within a quarter of a mile from this from smell, noise, all of that and I'm like totally a recycling person, but this is just way beyond what I think -- Mike's a victim of his own success. I think at the front end, probably when you accepted the development agreement, he would chop some wood, apply it with his cows -- and that's great. The reality is this is so far beyond that -- he's processing wholesale into Home Depot and that and you can't argue it's an ag use even in that context. It's extreme. Berms ain't going to help the noise on this. I mean it is freaking loud. Just seven days ago I was just out on my ten acres, again, 7/10ths of a mile when I'm like, God, what the hell is that noise going on up there on Columbia and, then, after a while, after, you know, an hour of it going on I like -- I just jumped in the pickup and went and looked at it myself and it's just -- it's substantial. It's substantial and he's just exceeding in a huge way, I'm proud of him in that, but he just needs to move the thing. I think the question is -- I think there is a problem probably with the original development agreement and noticing and I'm not saying slipping the whole industrial commercial thing in like there is some clandestine thing going on, right, with the original acceptance of the use, but I don't think that at that point Planning and Zoning and City Council contemplated, really, the magnitude of what was going to happen at that time. He is going to reapply some stuff on his farm and his cows, but this is simply an intensive commercial industrial use in simply the wrong location, in my opinion. And I'm 7/10ths of a mile and it even affects me. So, I could not imagine being closer. Any questions? De Weerd: Thank you. Hopkins: Thank you. Coles: Next is Vikki Reynolds. She signed up against, wanting to testify. Meridian City Council Meeting Agenda August 7, 2018 – Page 56 of 572 Meridian City Council July 17, 2018 Page 54 of 104 De Weerd: Good evening. If you will, please, state your name and address for the record. Reynolds: My name is Vikki Reynolds. I live at 7838 South Tranquility Lane. It's in the Tranquil Estates. This is approximately 30 -- three-quarters of a mile from the current Timber Creek operation and less than 300 feet from the 156 acre proposal of the expansion. My husband Gene and I wish to strongly object to the proposal before the Council tonight. When we purchased our property in 2006 we were informed as part of the sales pitch that the surrounding area was slated for residential development. Within a couple of years the operation at the corner of Locust Grove and Columbia was undertaken. Upon inquiry, we were told that the -- they were chipping wood for bedding for their cattle. Okay. We can put up with some occasional noise, dust, and even a fire -- talk about quality -- air quality issues there. That was a doozy that day. Our family has watched the Timber Creek facility grow exponentially over the past couple of years, adding smells and unsightly piles on a regular basis to the previous occasional irritations when we heard about the current proposal to expand within 300 feet of our property, we felt it necessary to strongly object. Our concerns are outlined in the letter my husband submitted back in June, but to summarize, just has been stated before, increased unpleasant odors, noise, and unsightly landscape. Increased pests, such as rodents, skunks, flies, mosquitoes, et cetera. Increased potential for contamination of the water table, since we are all on private wells in the subdivision and potentially lower property values due to less than desirable location near those unsightly piles that you saw pictures of a few minutes ago. This evening I'm going to just focus on two of those. The increased pests is something that I want to discuss. The past few years we have battled constantly with gophers to the point they have destroyed a good portion of landscaping, particularly on the east side of our property closest to Timber Creek. Last year we enlisted the Ada County Pest Control in our battle with those gophers, having them called out to our property at about the rate of once a month, in addition to spreading the powder deterrent, solar and battery operated, states that were supposed to scare them off, et cetera. In conversation with the pest abatement staff from the county we discovered that gophers are motivated by vibration. Hence, our attempt to control them with the battery operated stakes. The vibration can come from animals, such as horses or cattle, but commercial or farm equipment will also cause that issue. If Timber Creek moves that equipment to the west side of their operation as shown in their proposal, we will likely have increased rodents. Contamination of our water table is number two. We live in a desert, so the water table and the quality our bound to be something we need to be very cautious about. You have information from the DEQ in your packets that addresses their concerns about this, despite his award. I would like to -- De Weerd: Ma'am, I'm sorry, you will have to summarize. Reynolds: Okay. Yep. I'm not opposed to curbside recycling or composting for making our city greener. I'm very opposed to it in this location, just is Randy just said. Please deny this application for expansion. Thank you. Meridian City Council Meeting Agenda August 7, 2018 – Page 57 of 572 Meridian City Council July 17, 2018 Page 55 of 104 De Weerd: We appreciate your testimony. Coles: Next on the list is Loyal Gibbons. Against. Wanting to testify. De Weerd: Good evening. If you will, please, state your name and address for the record. Gibbons: My name is Loyal Gibbons. I live at 8350 South Jardine Lane and I have done so for about 24 years. So, good evening, Madam Mayor and Council. So, I live directly south from Timber Creek Recycling at around 994 feet and apparently some map is off, some must think it's further, because I have never been notified of any of this. Here are my concerns. Mr. Murgoitio is currently in violation of Sections 4.4 and 4.6 of the existing development agreement, which state any currently allowed use regarding the raising and maintaining of livestock -- raising and maintaining of livestock shall remain on the property until such time as the property is developed in the future. The property maintains a livestock business and operation and all existing uses and operations on the property relating to livestock business and operation at the time of annexation may remain until the property is developed in the future. Sorry, but that's -- that's what it says. And, then, it says -- if you notice from the other pictures -- again, I have lived there that long -- his -- his operation has changed substantially in the last two years. It's gone from a little bit of grinding to a tremendous amount and we also talk -- I have been on a -- raised on a farm and ranch my entire life and like when you bale hay that's four times a year, okay? When you feed cattle -- I feed chickens every morning. It takes me about a half an hour in the morning. That's it. It doesn't run ten to 11 hours a day, six days a week. The vibration, the noise, the backup alarms. Beep. Beep. Great wake-up alarm if you're not trying to sleep in that day. I'm 900 feet away. They come like piercing; right? That's their job. To save -- to be safe; right? So, all that equipment, when it backs up, you will have all the beeping going on in addition. Beyond that, his application to modify the agreement would further violate the development itself, because it says future development of the property shall comply with the ordinances in the Meridian City Code in effect at the time of development. Future development of the property shall comply with all bulk use and development standards for R-4 zoning listed in the UDC, unless the developer or future developer and, then, or course, with new zoning designation. So, get it rezoned. We have been to multiple neighborhood plans and we talked and got the no on the 156 acres. Now, if we just put that in there as on the 156 acres. No, it's got to be unlimited on traffic. All of these things that you are now willing to, oops, back up from -- I'm not sure why. But the type of things we got were no limit on traffic. Major landscape plan to screen view. Water runoff plan and monitoring by the DEQ. Additional -- additional ponds, fire management, tanks, equipment, truck scales, retail space, bathrooms for customers, et cetera. Here is an interesting quote from our meeting. Mr. Murgoitio. My current site is triple the size of the Boise site. More traffic. More noise. Here are quotes from Becky. Expansion of a nonconforming use. Kind of an ag use. Very unusual project. And, finally, my favorite, round peg in square hole. So, the requested changes include unlimited traffic increases, non-ag material handling, retail traffic -- clearly not what the Meridian City Council Meeting Agenda August 7, 2018 – Page 58 of 572 Meridian City Council July 17, 2018 Page 56 of 104 development agreement intended. It's sole purpose was to insure the continuation of existing usage until further development is requested, not an expansion to industrial commercial use in an R-4 zone. Thank you. De Weerd: Thank you. Coles: Petty Hagler. Against. Wishing to testify. De Weerd: Good evening. Hagler: Hi. Patty Hagler. 7200 South Locust Grove. I have lived at this location for 25 years and I have lived on a farm all my life also. I have a master's degree in agriculture and was a feedlot nutritionist for Boise based Agri Beef for 13 years. Merriam Webster defines agriculture as the practice of cultivating the soil, producing crops, and raising livestock. I supported Mike Murgoitio when he told me he was starting a business to recycle wood, construction waste, into animal bedding, because it was agriculture and compatible with our residential zoning. Over the last year I have observed significant expansion of the volume of the wood trash piles, along with increasing heavy traffic and noise. I notice his -- his pollution award was in 2015. At the neighborhood meeting I discovered there is a development agreement that allows for previously existing agricultural production. However, the applicant stated that they had added a composting operation and an industrial commercial operation selling products to retail outlets, such as Home Depot and Lowe's. Now they are asking to expand to additional non-ag products. Timber Creek has made commitments to process increasingly larger volumes of waste and add organic waste products, which increased Timber Creek's revenue, but also produced too much volume to utilize in an agriculture operation. In fact, Mike has stated that his feedlot will be closed within two years, so that would indicate more non-ag products. So, he started an industrial commercial operation with regard to violating -- without regard to violating the development agreement or the rights of the surrounding property owners. I agree with you it is a moving target. We have had three neighborhood meetings and every time we go there the information changes and now it's changing tonight. Complaints of excessive noise, odor, dust pollution and traffic as symptoms of the root problem. Industrial operation is not compatible with residential zoning and that stated, comparing existing industrial noise to ag noise is not valid. Agricultural equipment operates for time periods. Tractors work in the field or harvest for several days. They bale hay for several nights. Feedlot loaders operate several times a day. They don't run constant all day everyday and that's causing the complaints that you're hearing expressed. Inability to concentrate, hearing effects, and migraine headaches. Property owners have invested in rural residential zoning to reside on ag operations and for future residential development to realize a return on their investment. A clause in the current development agreement states at Timber Creek operations will cease when a certificate of occupancy is issued by the City of Meridian within a thousand feet of the operation. That does appear to exist, because the parties recognize it will be difficult to sell residential property that is located near an industrial operation. So, the two property owners that annexed into the city are ready to sell their property, they want to insure that Timber Creek ceases operation. This call Meridian City Council Meeting Agenda August 7, 2018 – Page 59 of 572 Meridian City Council July 17, 2018 Page 57 of 104 completely disregards the rights of the surrounding property owners to be able to sell or develop their property. The result is those two property owners and the City of Meridian are allowed to control the rights of the -- of the other property owners. I would recommend that that is modified to say any jurisdiction's certificate of occupancy. And, in conclusion, I do support the business model and I supported Mike as he's grown up next to me for 25 years. But this is not the appropriate location. I think he will be an amazing success. He needs to move it to an industrial zoned area. Is there any questions? De Weerd: Thank you, Patty. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Mrs. Hagler, just one question and it's kind of related to the question I had asked the attorney earlier. Help me understand what are non-ag products and what are agriculture products. Hagler: Agriculture products are cultivation of crops and raising livestock, produces fiber and food. Okay? It's not playground chips. It's not mulch for landscaping. It's not -- you know, the composting that he is going to use for gardens and to give to residents to go put in their -- their gardens and et cetera. It's producing food and fiber, crops and livestock. Cavener: Thank you very much. Hagler: Thank you. Coles: Next is Paul Winward. Signed up against. Wanting to testify. Winward: My name is Paul Winward and my address is 8291 South Locust Grove. I'm in Meridian. And I'm just two houses south of the -- the location here. Madam Mayor, Members of the Council, I wish I could transport you back to the onion thing that happened. We heard testimony today that -- let me see. I wrote it down. Allow use similar to the onion thing that happened. Onion smell. Rotting onion smell. More. Rotten onions full of maggots. Affects the use and enjoyment of our property. I wish I could bring that -- I wish I could bring that in a can so you could each smell that. Food waste. The flies. My daughter's dry heaving in our backyard. Randy Hopkins tried to play the -- the noise for you. Madam Mayor, I like the sound of birds, too. When the grinder is going full speed and the machinery is operating we can't hear those birds. Those birds that you heard in the recording, those were not happy birds. They were disturbed, as were all the neighbors -- and I'm not even the closest house to the property. I appreciate what Mike's trying to do. In fact, I admire his business acumen and the model, it's just the wrong place. Like Council Member Borton said, own it. It's industrial use. There is no way around that. This is industrial use. The current use is Meridian City Council Meeting Agenda August 7, 2018 – Page 60 of 572 Meridian City Council July 17, 2018 Page 58 of 104 going beyond the DA and we are here tonight talking about expanding that. Staff touched on briefly the concerns. I just want to go into more detail from the staff report. The existing and proposed to use -- the existing and proposed use is inconsistent with the current zoning and wouldn't have been allowed to operate in the R-4 zoning if it wasn't for the -- if it wasn't operating in the county already. The current use is far beyond what was happening at the time of the agreement. The staff is concerned -- and as are the neighbors, that if the purposed industrial use is allowed to expand under a DA agreement, it would become a liability to the city. The report spells out that the primary purpose of zoning is to segregate uses that are incompatible and prevent new development from interfering with existing uses and/or to preserve the character of a community. The proposed use would create just that, an incompatible use adjacent to existing and future low density residential properties and impact the rural residential agricultural character of this area. I would defer to the rest of the staff report and hope that you would deny this application. Thank you. De Weerd: Thank you. Coles: Next on the list was Ryan. There was no last name given. Wanting to testify against the project. Ryan. Okay. Troy Allen is against, wishing to testify. De Weerd: Sir, you first need to state your name and address and -- and we don't want to miss a word of your testimony. Allen: My name is Troy Allen. 775 East Columbia, Meridian. De Weerd: Thank you very much. Allen: Madam Mayor, thank you for answering my Facebook a couple weeks ago on the weekend. So, just some pictures and you guys saw some pictures earlier. I guess that's a question to you. You have asked what's the difference between ag and industrial. I don't think ag -- this field here is ag. The rest of it industrial. So, I don't think this is an R-4 zoning. Very industrial. It seems like we are already talking about Timber Creek recycling as a recycling, composting, like we have already accepted it. I don't believe it's an ag business. Mike stated earlier he cannot get enough wood to supply what he needs for his 800 acres. If that's the case why are we selling it at Home Depot, Lowe's, where ever it's getting bagged. It's industrial. It's commercial. And at some point it transitioned from ag to industrial. I don't know when that happened. Somewhere between 2015 and now. My wife and I went on a -- a tour with Mike, which was enlightening and he -- he does a great job out there, there is no question about that, but he did say that he was selling the third party and my question would be was he doing that in 2015. I don't know. I'm sure he could supply receipts if he was. Once again, we are to -- not ag, but commercial. Mike has, in person, admitted to at least one person in this room he knows he is beyond ag, he knows he is doing industrial and possibly two people, one for certain. The application fails to provide any limitations. Nearly every paragraph, like everybody -- at lot of the people have stated, it just is -- anything that I need to do my business -- I can quote them if you need me to -- the Meridian City Council Meeting Agenda August 7, 2018 – Page 61 of 572 Meridian City Council July 17, 2018 Page 59 of 104 types of -- the amount of trucks, the type of waste. There was an interview on Channel 7 where he stated that some of the neighbors were excited about it. Well, in reality he is referring to one individual that would rather have it be recycling than to have a dairy there and I asked him the same question and he said, yeah, I have people that are interested that like it. I said who. He gave me a name. And I said, really, I know that person. He would really rather have that and he said, well, he would rather have that than a dairy, so Channel 7 reported that incorrectly, just like they reported in the -- in the newspaper. I think it was stated by the attorney that we don't have a lot of faith in the system here. 2016, no notices. 2018, three or four discussions with people here to actually get a notice. I'm one inch from him, if you look at my property line. Not a thousand feet. One inch. So, we don't -- we don't have a lot of faith in it, so we are not -- we would love to go back to 2015 and discuss it is what we would really like to do. What else? I think that's about it. I -- if you have any questions or if you want to know what it is, that is industrial and that is industrial. De Weerd: Council, any questions? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: One question about -- about the noticing. It sounds like that you felt like that you weren't notified or you weren't notified enough times? Allen: So -- Cavener: Help me understand that. It sounds like you are right next door to the -- the property. Allen: So -- unless -- everybody on the southside of Columbia threw their notices away in 2015 or whatever the date was. Nobody was notified. And I think -- you can probably verify that. And, then, in 2018 until we called, there have been three mess ups on noticing. Three. Correct? Just -- can I ask C.Jay a question? De Weerd: It's three notices. Yes. Allen: There were three mess ups on noticing and had we not been diligent there would be about ten people here. When he had his original meeting -- you guys can tell me if I'm correct -- there was about seven people there? Five? Five people that were concerned with it. When we had our first meeting we had 30 families and that's only because somebody -- a lot of them couldn't get there. Cavener: Madam Mayor, follow up. Sorry. When I hear mess ups -- I guess I want to drill down deeper, because I think that we want to be doing our due diligence to make sure the members of the public are being informed. So, can you expand on that, what the mess ups were? Meridian City Council Meeting Agenda August 7, 2018 – Page 62 of 572 Meridian City Council July 17, 2018 Page 60 of 104 Allen: Not being notified -- De Weerd: Mr. Cavener. Mr. Allen, hold on. Allen: Okay. De Weerd: That was explained I think in May and again in June when the clerk told us that this had to be continued. It was a G -- Coles: GIS. De Weerd: -- GIS or -- and that's what they are referring to. Cavener: And, Madam Mayor, all I was doing was trying to hear from the citizens as to what their perspective was, as to what those mess ups were. Allen: My perspective is -- as everybody else back here -- is we were not notified. We were not notified back in 2015 or we would have been here doing the same thing. The only reason we lucked out was my wife called down and talked to -- I think Sonya and she went, oh, we didn't notify anybody out there on the southside of Columbia. So, that's my rendition of what a mess up is. Not being notified. Cavener: Thanks for sharing that. De Weerd: Okay. Thank you. Coles: Next is Debbie Allen. Signed up against. Wanting to testify. D.Allen: I'm Debbie Allen. I live at 775 East Columbia Road. So, we literally are inches from the property that's on the application. I think it's important not to get sidetracked on whether or not the facility process is wonderful or the going green thing, that the issue is zoning. The zoning is here to protect us and this is -- as we have explained already and shown the difference between ag and industrial, this is the industrial operation and as several people have said, it has increased exponentially over the last few years. The onions especially were horrendous. And in meetings Mike has said, oh, I can control the smell, but even today he said I'm going to put the stuff that smells on this other part of the property. He said that earlier in his testimony. So, even he will admit collecting food waste and all that stuff smells. We all chose to live in this area -- you saw the pictures. It's great. It's farmland. It's peaceful. Birds are singing. That's why we chose to live there. My husband and I -- sorry -- like Mrs. Gearhard -- my husband and I bought our property 24 years ago, because we like the country. I grew up on a farm. We wanted to farm. We wanted to be in a peaceful area. We also have invested our lives -- we have invested 24 years of our lives and hundreds of thousands of dollars in our property as well. I know that we have -- Mr. Murgoitio's business, he gets paid for the pounds of trash that come to him and the numbers that he gave in a Meridian City Council Meeting Agenda August 7, 2018 – Page 63 of 572 Meridian City Council July 17, 2018 Page 61 of 104 previous meeting, that equals four -- over 400,000 dollars a year just in collecting trash. I think that doing an industrial business in an R-4 zone does not protect the people and I can see like one other person had -- had spoken -- when you have an investment and you're making big bucks, why would you do anything different. You would just continue to expand, because the more trash he takes the more money he makes. The more he composts for his bedding, the less he has to buy for bedding. Doesn't have to buy any bedding anymore, which is fine, but you're -- you're motivated by your income and without the boundaries of anything it just continues to grow and grow and grow and get worse and worse and worse, but it's at the expense of the rest of us and as you know, our property values will decrease and in an article -- even you, Madam Mayor, had said that Meridian focuses on making sure development follows the city's Comprehensive Plan and that new subdivisions don't result in poor quality of life for existing residents by creating problems like overwhelming traffic or safety hazards and this isn't even a subdivision, this is an industrial thing. So, it's, obviously, creating safety hazards and a poor quality of life for -- for those of us that live there. This whole thing can be solved, as has been stated before, if he would relocate his business. He can still do the reduction in the landfill, he can still do his business, he can make his hundreds of thousands of dollars somewhere else and we can be -- have our way of life preserved for the investment that we have made and the investment in our property values, because we all know that as soon as that goes in it already has decreased our property values and his allowance to do that is to our detriment and that's all on you guys' hands. De Weerd: Thank you. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: A question. The applicant's representative stated -- or maybe it was the applicant -- that aside from this onion incident that there hasn't been an issue with odor. Do you have an opinion on that one way or another? D.Allen: Is your question are there any other odor-causing -- Cavener: Yeah. Are you experiencing odor issues outside of that -- that onion incident that the applicant testified about? D.Allen: Well, the onion incident was pretty obnoxious. Cavener: I understand that. D. Allen: So, when you say, well, let's just take away that one obnoxious thing, what's left -- it's kind of like saying, well, other than that thorn in your foot is everything else doing good. Meridian City Council Meeting Agenda August 7, 2018 – Page 64 of 572 Meridian City Council July 17, 2018 Page 62 of 104 Cavener: And -- Madam Mayor. I guess what I'm trying to -- to find out is what is -- when the applicant said that there has only been one instance -- if there has only been one instance or if that's one instance in line with a series of events that have -- that have been related to odor. D.Allen: So, that is the main odor thing that we have noticed so far and as has been said already, the application -- each paragraph where it specifies the things that he will collect, at the end of that paragraph it says: And other such materials. And other whatever. I mean there are no boundaries going on here. We have already seen how he has not adhered to the limitations that are -- that are already in whatever the agreement is. That original agreement was to continue doing what you're doing. He wasn't selling this stuff then. He was doing bedding for his own cows. Since, then, he's doing mulching of the -- what is it, the -- the chips that you put on your flower beds and stuff and -- and he's wanting to sell it and that's part of the big issue and I noticed when we were talking -- when you guys were discussing this earlier, the difference between now and then in preserving the agriculture aspect, it's not the same now as it was then. So, he's already gotten way beyond what that development agreement allowed him to do then. He's got this idea and he's running with it and as many people have said -- De Weerd: Mrs. Allen, I'm sorry, but the question just was about the odor. D.Allen: Okay. The Odor. De Weerd: Uh-huh. D.Allen: The odor would be horrendous with all the piles of food waste that are going to be collected, which is part of his application proposal. So, he has an open -- whatever you want to call it. An open ticket to collect as much as he wants and can you imagine piles of rotting food next to your house, because that's what we will have. Piles of -- sorry, I touched something. Piles of rotting food next to our house. Cavener: Thank you. De Weerd: Thank you. Coles: Next listed is Miller Acers, LLC, wanting to testify. Pearson: Thank you. Mr. Clerk, my name is Mark Pearson. I am the attorney for Miller Acres and I believe my client signed up as Miller Acres, so I don't know if you would like me to wait until my name comes in the rotation or to just take this opportunity here. De Weerd: Does your client wish you to represent him? Pearson: He did. He decided -- Meridian City Council Meeting Agenda August 7, 2018 – Page 65 of 572 Meridian City Council July 17, 2018 Page 63 of 104 De Weerd: Okay. Pearson: -- he didn't want to testify. De Weerd: That's perfect. Pearson: Thank you, Madam Mayor, Council Members. My name is Mark Pearson. My business address is 314 South 9th, Suite 300, in Boise and I'm here representing Barbara Miller and Miller Acres. They own property that touches the corner of the subject property. In reviewing all of these materials -- initially we understood there was going to be a lot of opposition to this, just based on the noise and the odor and the unpleasantness of what the neighbors perceive is going to be occurring, but as I did my work I realized there are several significant legal problems associated with this entire situation. As another attorney has noted -- and I will certainly let him expand on -- on that, when the original development agreement was signed -- and as the gentleman just testified, there appears to have been some serious notification problems in the -- in that the -- some of the neighbors weren't notified and that there was no public hearing and that that might have been required. That would render the underlying development agreement in jeopardy. As would the fact that the actual applicant at the time was a limited liability company that had been administratively dissolved for several years. Idaho Code is pretty clear that corporations are -- and LLCs are not entitled to conduct business, other than the winding up of their companies when they have been administratively dissolved and certainly Mr. Cranney was savvy enough to reinstate that LLC today after understanding what the objection is, but I think that the -- the underlying development agreement has a lot of problems and now we are being asked to expand that agreement. I think Councilman Bernt hit it on the head for me -- I'm not even sure what -- what we are being asked for anymore, because there have been a lot of changes that were made initially and now there has been a lot of, well, we are going to back this off and we are going to back that off -- what exactly are we going to be voting on. We are certainly going to have to get clarification -- I can't imagine a situation where you could vote today to approve this and know what exactly it was and I think a lot of the -- the objections raised by the neighbors are dead on. There is a lot of et ceteras and similars and -- and we don't have any idea what's really going to happen here. Most I have been struck by the emotional appeal and the emotional energy that you hear. These people's lives are being disrupted and I don't think anybody ever intended that when we granted the operation the ability to continue what it was doing. But we are not there anymore. We have gone well beyond that and now it's starting to have a very, very serious detrimental impact on those who -- who live near -- nearby. So, I think my time is up. Thank you. De Weerd: Thank you. Coles: Maureen McGraw is in favor, wishing to testify. De Weerd: Mr. Clerk, do you want to read that into the record. Meridian City Council Meeting Agenda August 7, 2018 – Page 66 of 572 Meridian City Council July 17, 2018 Page 64 of 104 Coles: I will do my best to read the handwriting. Maureen McGraw states: DEQ does not currently regulate the site. It is regulated -- I do not have her address. DEQ does not currently regulate the site. It is regulated under Department of Agriculture. Changing to a compost facility will require that a site certification process be conducted through DEQ. This process will require the steps outlined in the attached. This process will require an operation plan, an odor control plan, stormwater controls and other steps to protect groundwater and other natural resources, signed Maureen McGraw. De Weerd: Thank you. Coles: Lance Fish was signed up in favor, not wishing to testify. Tor i Murgoitio in favor, not wishing to testify. John Wakefield. Against. Wishing to testify. De Weerd: Good evening. Wakefield: Madam Mayor, Members of the Board, I'm the president of the -- De Weerd: Can you state your name and address. Wakefield: Oh, I'm sorry. John Wakefield. 7837 Tranquility Lane. I'm the president of the Tranquil Estates homeowners association. We are opposed to the expansion -- primarily the expansion of the food waste. The applicant, frankly, has argued with me in his meetings that it's not garbage. But I beg to differ. If you go home and you take food waste, where do you put it? In the garbage. When the -- Republic picks it up, what do they put it in? A garbage truck. And when they deliver it to his place what are they going to deliver it in? A garbage truck. And, then, to put that in there, that will have significant effect on property values and if you question that, on your way home tonight - - or when you get home ask your spouses -- gee, we want to build a new house, let's go out and build it out here and see what they tell you. No way. Not a chance would they build a house out there. Secondly, we are opposed to it based on additional noise, heavy truck traffic, many of the things that have been discussed. Water. Pollutions. The -- just -- it goes on and on and on. Everything that the -- will happen has happened now and, frankly, I know that -- that the applicant has put up a -- a process where he plans on planting trees, but I previously submitted to you guys pictures of his sight as it now exists and he doesn't care, nor has he cared. He has a mountain of stuff out there that is just -- it's an eyesore and, frankly, I don't think there is any neighborhood in Meridian that would put up with that. I appreciate the time. I don't have a whole lot more to say. I think it's all been said a dozen times already, but -- De Weerd: Thank you, Mr. Wakefield. Coles: Susan Karnes. Signed up against. Wishing to testify. De Weerd: Good evening, Susan. Karnes: Good evening. Meridian City Council Meeting Agenda August 7, 2018 – Page 67 of 572 Meridian City Council July 17, 2018 Page 65 of 104 De Weerd: If you will state your name and address for the record. Karnes: Susan Karnes. I reside at 5556 South Graphite Way and I'm here representing in the Meridian Southern Rim Coalition. We have reviewed the application materials and staff's report and we concur with the findings in staff's report. We agree that this is an industrial use and an expansion of the development agreement should be denied. We have an interesting perspective compared to the ones that you have heard most recently from the rural neighbors. As you know we do have some new neighborhoods. We have Sky Mesa and White Bark and Century Farm, Black Rock, of course, is an existing neighborhood. We have got East Ridge Estates going in. The Keep is coming before you soon. We have heard from more than a few of our members expressing concern about this and I realize you have a lot of public testimony to hear, but I'm just going to tell you something you haven't heard, instead of reiterating all the other points that have been made. Our -- our members are very concerned about the enormous investment and thought that has been put into our beautiful regional park that is going to be the jewel of south Meridian and we are now faced with the prospect -- as we continue to grow we have had tremendous growth in Meridian and development, of course, is pushing south. It is pushing along Lake Hazel and soon I'm sure will push toward Columbia. We are very concerned about the relentless, dangerous, heavy truck traffic. We are concerned about the fire damage. I mean Hailey can't even predict when a fire will be put out. There are neighbors who have compromised respiratory and immune systems who are concerned about asthma, particulate matter, migraines. I have a nephew with cystic fibrosis. My mother had COPD. These are common ailments and so our concern is that this business, as much as we endorse recycling and composting, we feel this is not the right place for an expansion of this effort and we would like to see it relocated eventually. De Weerd: Thank you. Coles: Matthew Elliott signed up in favor. Not wishing to testify. Orville McPeek signed up in favor. Not wishing to testify. Rick Bennett in favor. Not wishing to testify. Debbie Bennett in favor. Not wishing to testify. Rex Landings in favor. Not wishing to testify. Jessica Reel in favor. Not wishing to testify. Cecillia Sparks in favor. Not wishing to testify. Gene Sparks in favor. Not wishing to testify. Shelly Marshall in favor. Not wishing to testify. Shelly Marshall in favor. Not wishing to testify. Heather Bailey against. Not wishing to testify. Ron Sater against. Wishing to testify. De Weerd: Good evening. Thanks for hanging in there. Sater: You bet. Thank you. De Weerd: If you will state your name and address for the record. Sater: My name is Ron Sater and in my address is 8374 South Bryker Lane. Our property is about -- just under three-quarters of a mile from the current operation and as Meridian City Council Meeting Agenda August 7, 2018 – Page 68 of 572 Meridian City Council July 17, 2018 Page 66 of 104 we understood it before tonight, the boundaries would have been within about a quarter of a mile of our property. So, again, noting the fact that the -- the request keeps changing and I don't want to spend a lot of time, again, like some of my other neighbors going over the things that are concerning to them that we have already stated, but definitely the odors has been an issue and it was more than just the onion issue. There are odors -- I can't say every day, but there are other times throughout the year. I would also say that from the -- from the meeting last week Mike had stated that there would be no -- nothing put in for any odor controls. It sounds like that's changed, too. Right now there is no plan for odor control. Again, the smell is a big issue. Traffic is certainly an issue. But I think one of the biggest concern for me is that, apparently, there had been three public -- three public meetings, open meetings to my neighbors. I was only aware of two of them and those two I was not able to attend being out of town, but I did attend the one last Wednesday and when asked many questions, the response has already been stated, was that there was no response or I can't answer that or I don't know. So, that was very concerning to me as a homeowner, after three meetings still not having the answers to questions that have probably been asked previously. One thing I would note in terms of the traffic, tonight we learn for the first time what that volume of traffic might be, 40 plus 16. Last Wednesday when asked what is the traffic -- what is the traffic projected and/or current or past, we could not get an answer to those questions. So, I would say a lot of the questions we were trying to ask when we got no response or could not answer, it begged me to question whether he has a sound business plan and he may very well have a sound business plan, I think he's got a great idea, but whether his business plan is adequate to run and operate, regardless of where it's located, I would question the business plan or that he's trying to withhold information from the neighbors. Again, I think that you have heard -- and I would say most people, if not all neighbors in this area, would say that composting is a great operation, it's just the wrong location and I think that's what you will hear time and time again. I would also say that as I have gone out and read some of those who have been in favor of this proposal -- most of them live five plus miles away and some of them in the city of Boise. So, I would say consider those that might have said they were in favor. Again, we support composting, just not at the location. Thank you. De Weerd: Thank you. Coles: Susan Denniston signed up against. Wishing to testify. De Weerd: Good evening. If you will, please, state your name and address for the record. Denniston I'm Susan Denniston. I reside at 2239 East Morris Trail, also known as Sky Mesa. I'm a big supporter of composting for soil enrichment. However, I vehemently am opposed to this proposed facility for several reasons. First, the land for this project, as we have heard, is R-4. The proposed composting facility here is industrial, not agricultural. People settled nearby, people like me, with this zoning and the company's current operations in mind. The proposed use of this land to add composting capability goes against reason and betrays the public trust if this proposal is approved. Second, Meridian City Council Meeting Agenda August 7, 2018 – Page 69 of 572 Meridian City Council July 17, 2018 Page 67 of 104 the location is proximate to a new planned park community as Susan mentioned. There will be kids and families accessing the park for recreation and sport next to heavy machinery operating with numerous projected daily loads. Add a composting operation will increase the number of trucks accessing this facility and increase overall noise to the area, not to mention what's there now and the smell of deteriorating organic material. The July 13th issue of the Meridian Press, published Friday, reported that Boise compost program has not had any complaints with some smell, noise, or insects in the year since they started their program. I would point out that this facility is approximately 20 miles south of Boise. So, unlikely any Boise residents could smell the decay. Finally, I'm concerned about safety. The recent fire in Hailey at the Ohio Gulch Landfill serves to remind us of the hazard of large composting operations. The fire began June 27th with no known cause. There are obviously, as organic matter breaks down, methane is produced. After four days fire crews interviewed were unable to project when the fires would be under control given the heat generated by the compost. As Susan mentioned, persons with asthma and other lung issues were advised to take measures to protect themselves. On a positive note, I called the city of Hailey and the Ohio Gulch Landfill to determine if the fire has been extinguished today and it has. I recommend the Council decline this application as proposed given the existing R-4 zoning, proximity to the new park and as a fire hazard so close to the neighborhoods and until the new Comprehensive Plan is finished. Existing neighborhoods and the community at large must be considered now and for the future of Meridian. De Weerd: Thank you. Coles: Next was Peter Denniston wanting to testify. P.Denniston: Hi. My name is Peter Denniston. De Weerd: Good evening. P.Denniston: Address is 2239 Morris Trail. That's my wife. De Weerd: Thank you. P.Denniston: Thank you. I'm a resident of Sky Mesa development off of Eagle and Amity Road and my concern regarding the proposed expansion of the compost business on Columbia and Locust is Timber Creek recycling company's plan to expand compost -- composting of food waste from Republic Services and other companies in the valley at this location. A graph in the Meridian Press showing the breakdown of Ada County Landfill by weight -- the study dated December 2014 and found that 18.8 percent of the waste there was food waste. The causality between food waste and rodents is well established and while the Ada County Landfill is some distance from the city, the proposed expansion of Timber Creek recycling is not. While its unknown how much of the Columbia commercial expansion at this location will be food raised, rats and mice pose a risk to public health so close to populated areas. Rats and mice can carry transmit -- carry and transmit diseases that are hazardous to both humans and Meridian City Council Meeting Agenda August 7, 2018 – Page 70 of 572 Meridian City Council July 17, 2018 Page 68 of 104 animals, such as Weil's disease, E.Coli and Salmonella. They can cause damage to homes, gardens, sheds and garages and they can eat and contaminate all types of food. While I'm in favor of recycling, it's just not at this location so close to people's homes, a school, a public park. This planned extension promises to be a breeding ground for rats and mice, a potential health risk, which could easily be avoided by locating food waste recycling in an area that's away from people. Thank you. De Weerd: Thank you. Coles: Next was Kimberly Matalonis Edgar who signed up against. Wishing to testify. Edgar: That was my wife. I'm Todd Edgar. She decided not to -- to -- De Weerd: You want to speak into the microphone. Edgar: So, Todd Edgar. 1410 East Gravel Lane. I'm approximately a half a mile from the proposed facility and we can -- I'm not going to go over all of the things that everybody else has gone over, but the smell, for one thing -- definitely rotten grass -- if you have ever noticed that in your -- if you have left the lawn mower sitting too long or something -- rotten grass does not smell good on the top of all the other rotten food waste that may be coming in. The one thing I did want to talk about -- and the lady right before me did come in -- Boise city does have a composting facility. I think we are all in favor of composting. That facility is a 20 mile farm at the end of Cloverdale Road, far from any residential area, so they absolutely have no concerns like this. They don't have neighborhoods around them. This is an area that is being developed. The Comprehensive Plan for Meridian shows schools actually coming in and that's very near proximity location. The park that's been talked about. Many other developments coming in the area actually on the -- on the southside of Columbia there is 500 homes being developed probably under the Kuna jurisdiction, but there is 500 homes there that are within one mile of this facility. So, there is a lot of development in this area that will be impacted by it, not just the people that are here tonight. Those -- I'm sure the new homes that are going out -- in out there have not been notified. So, that's really all I wanted to talk about. Like I said, there is many other things that have already been discussed, so I'm not going to reiterate them. Thank you. De Weerd: Thank you. Coles: Jonathan Fewkes signed up against. Wishing to testify. De Weerd: Good evening. Fewkes: Good Evening. Jonathan Fewkes. 7976 Tranquility Lane. The concerns that I have are the size of the thing and Mike has mentioned that he is willing to downsize from the agreement, which I'm good with that to some extent. Water. I'm concerned about the water, because I lived downhill in line of sight of the facility on the west. I don't know where the runoff runs into drain ditches and runs in the canal and runs into Meridian City Council Meeting Agenda August 7, 2018 – Page 71 of 572 Meridian City Council July 17, 2018 Page 69 of 104 the ground aquifers. I'm concerned about that. I don't know how much DEQ really pays attention to it downstream. I don't know. There is a leach pond. Leach ponds tend to smell. If you have ever been out to the Kuna High School next to the dairy farm, the leach pond there smells pretty bad this time of year. The nice thing on driving passed his farm this afternoon at the feedlot, his composting works over there. His mulch works at holding down the odor there. It smells okay. I didn't -- wasn't offended by that. But the onion smell, the spring and summer of 2017, was pretty bad. And there is other times it smell a little bit. I don't live close enough to smell it as bad as others. My biggest concern is traffic. I'm impacted a lot by traffic on Columbia Road, but I have sat at the corner of Columbia and Locust Grove behind one of the trucks waiting to turn. The truck was waiting for traffic to clear off of Columbia Lane. I sat there for probably about a minute waiting for the other traffic to clear so the truck could make the corner and one thing if you guys do decide to grant this -- and I think you should think about having him modify the -- the property corner -- that area where he allows slow vehicles to turn off, make the corners without impacting other traffic. So, that's one of the things if you do decide to go the direction where you're being told by most people here speaking. All right? Any questions? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Mr. Fewkes, can you just tell me what's a leach pond? Fewkes: It's a pond that holds water -- the runoff water. It sits there and evaporates up -- kind of like a field from a septic that's buried. It sits on the surface. Cavener: Thank you very much. De Weerd: Thank you. Fewkes: Did I get that right, the leach pond? An expert would have to describe that, so -- De Weerd: Close enough. Cavener: Thank you, Mr. Fewkes. Coles: Jeremy Jensen signed up against. Wanting to testify. De Weerd: And I have appreciated the -- the testimony trying to focus on new points and so if -- if we can bring up -- you can just say all the above and make new points. Jensen: Okay. Go from there. Okay. De Weerd: Thank you. If you will, please, state your name and address for the record. Meridian City Council Meeting Agenda August 7, 2018 – Page 72 of 572 Meridian City Council July 17, 2018 Page 70 of 104 Jensen: My name is Jeremy Jensen. I live at 1090 East Gravel Lane. Kind of by Todd and -- between Todd and Randy. So, we are about a half a mile away. Really, the -- I guess the part that I wanted to bring up that's maybe a little bit different or kind of an expansion on what other people talked about -- in my daytime job I manage three air permits in the state of Idaho, Tier 1, Title 5 air permits. We have controls in place for fugitive dust. Basically -- unless you qualify for an exemption or an exemption under the Idaho Code, you have to keep all the dust and odor on your site. My understanding talking with the folks at DEQ is it is considered an industrial site and all the odor has to be controlled within site boundary and all the dust has to remain within the site boundary. It sounds like there is some challenges in controlling the dust to see water -- if you apply a bunch of water to the wood chips as you're chipping them and conveyoring them, then, you have got a bunch of moisture and you put them in a big pile and they catch on fire. So, you know, I think there is a little bit of a challenge in controlling the dust, keeping it on site. When I have driven by there at times when they are chipping and conveyoring material you get kind of a plume of dust that comes off of the end of the conveyor and drifts off across the valley about two miles when dust -- particulate emissions are heavy enough that they settle and they -- they are headed towards the ground. Once they become airborne you can see them floating back down to the ground. Those are typically larger particles that will settle out of air in a relatively short period of time and when dust drifts off, like a cloud of smoke, it typically remains in the air from 30 to 60 days. Also your respiratory system is good at filtering out large dust particles that might come from dust that would settle within a few hours and your respiratory system is not very good at filtering out very small dust referred to as PM-10 or PM-2.5. So, there has been kind of, you know, a nationwide, you know, change to the national ambient air quality standards to try to address this very fine particulate matter that gets airborne and stays in the air for 30 to 60 days and that -- when I drive by and I see that stretch out across the valley headed towards Boise for a couple of miles, I think, wow, that has quite a bit of dust and it's going to be in the air for a month or two before it finally settles out. It's not dropping -- you know, it's not dropping at the edge of the site, it's not dropping right -- you know, immediately dropping out of the air, it's just drifting off across the valley. So, I think that's something that should be considered whether there is a cost-effective way to manage that dust and control that dust and keep it on site and whether that can be monitored and followed up with and I think for all the residents that live in the direction that the wind typically blows -- I think if I lived -- happened to live in that direction that the wind blows I would be definitely be concerned about the dust, how it was going to be controlled, whether it could be controlled and, then, the health affects that you don't see directly -- you know, when it is inhaled and stuff it typically shows up in other things and congestion and other complications that you can't necessarily point right at the air that you breathe. So, that's it. De Weerd: Thank you. We appreciate your testimony. Coles: Next is Terrill Smith. Signed up in favor. Wishing to testify. Meridian City Council Meeting Agenda August 7, 2018 – Page 73 of 572 Meridian City Council July 17, 2018 Page 71 of 104 De Weerd: Good evening. Smith: Good evening. De Weerd: If you will, please, state your name and address for the record. Smith: Yes. Terrill Smith. 3175 Model Farm Drive, Meridian. 83542. De Weerd: Thank you. Smith: And I use this facility. I own a small company in town and I use the facility and, really, I have heard a lot of interesting things tonight and it's beneficial to my company. I bring and take away the organic material to residences and my own place and other people to use as mulch in gardens and other facility -- you know, other -- other organic materials. People have used it for chicken beds, everything else. So, I'm in favor for it. I do not live close and I have heard some very concerning things. I would -- I wondered what it would be like if I lived near it, but I don't. So, the dust -- I have noticed some facility -- or some things out there recently -- well, not too recently. The watering. The watering of the fields. The sprinkler system that they have in the driveway to keep the dust down. I have seen guys actually sweeping off and cleaning up the street out front, making sure that that's free of -- of rocks and stuff. So, that's truly all I got. De Weerd: Thank you, Mr. Smith. Coles: Bryce Allen signed up against. Not wishing to testify. Rosalie Skiethich. Signed up against. Not wishing to testify. Brody Whitlock in favor. Not wishing to testify. Sarah Litchfield. Against. Not wishing to testify. Charlotte Gene. Against. Not wishing to testify. Parker Allen. Against. Not wishing to testify. Rachel Bath. Against. Not wishing to testify. Sebastian Gene. Against. Not wishing to testify. Terry Tate. Against. Not wishing to testify. Chase Gilbertson. In favor. Not wish to testify. Derek Pica. Against. Wishing to testify. De Weerd: Good evening. If you will, please, state your name and address for the record. Pica: My name is Derek Pica. I'm an attorney. I practice in Boise. My address is 199 North Capitol Boulevard, Suite 302, in downtown Boise. De Weerd: Thank you. Pica: Madam Mayor, Council, I represent Greg and Nichole Brown that are sitting back here. They are probably one of the closest residences to this mulching operation. They reside at 7524 South Locust Road, Meridian, Idaho. They are less than a thousand feet from the grinder. In fact, they are probably less than 500 feet from the grinder. The property certainly is. You have heard a lot of testimony. I'm not going to repeat it. As an attorney it's interesting to always hear somebody give their point of view for or Meridian City Council Meeting Agenda August 7, 2018 – Page 74 of 572 Meridian City Council July 17, 2018 Page 72 of 104 against, but when you can't cross-examine them -- I mean nobody's going to get up here and say, hey, I'm running over the top of my neighbors and I'm greedy and I want to make all of this money. Okay? There would be some questions I would ask Mr. Murgoitio and his engineer. He said last year he recycled a hundred million pounds of material. Well, where does that hundred million pounds of material go? It didn't go on the 800 acres. It didn't take that much material to fertilize that 800 acres. This is, basically, essentially, the same as a fertilizer plant. I would ask him about his two grinders. Okay? And his -- his original -- in his development agreement there is one grinder. How did that happen? I have a question about the DEQ certificate he probably showed. That was 2015. It was before your development agreement and before all of these things happened. I would ask questions to you as Councilmen and the Mayor as to why no notice was given to my client before this agreement was done in 2016 -- January 2016. There is two Idaho Code statutes, 67-6511(a) and 67-6509 that specifically require that if the city is going to do a development agreement they have to put a summary of what that agreement is in the notice so the property owners know what that is. I went back and looked at the notices that were issued back in December when the hearing was held. You didn't do that. Okay? All it was was you were annexing the 1,300 and I think 11 acres. There was nothing about development agreements and you were dealing with a lot of property owners. So, there is a real question here this -- I don't think there is a question -- I think you're development agreement with Mr. Murgoitio and Timber Creek is void and it's -- it wasn't lawfully entered into and here he's seeking to amend it. Again, since the agreement was entered into there has been a lot of expansion out there and what's most interesting about this development agreement is -- is that it ends within I believe 60 days if the City of Meridian grants a certificate of occupancy to a home in a subdivision that's approved within a thousand feet of the grinder. Why -- my clients have a certificate of occupancy for a home that's within a thousand feet of the grinder. There are others that have a certificate of occupancy within a thousand feet of the grinder. What kind of arrogance is it to tell my clients that they don't get the same benefit that a resident in the City of Meridian gets when they are almost sitting on top of that grinder. Okay? That's called an unequal -- you have got an unconstitutional, unequal protection problem there and -- and that needs to be looked at. This is zoned R-4. It's not an agricultural operation. De Weerd: Mr. Pica? Pica: Yes. De Weerd: You need to summarize. Pica: Okay. I want you -- Idaho Code Section 22-4502 specifically provides what an agricultural operation is. This isn't an agricultural operation. So, please, take a look at that and my clients would request that you deny this application. Thank you. De Weerd: Thank you. Meridian City Council Meeting Agenda August 7, 2018 – Page 75 of 572 Meridian City Council July 17, 2018 Page 73 of 104 Coles: Next Katie Ayad signed up in favor. Not wishing to testify. Carl Tucker in favor. Not wishing to testify. Jennica Hagler. Against. Not wishing to testify. Rod Nettinga against. Not wishing to testify. Carol Menton in favor. Not wishing to testify. Robin Connor against. Not wishing to testify. Gene Reynolds against. Not wishing to testify. Jeffrey Sader. Against. Not wishing to testify. Andrea Fonesbeck against. Not wishing to testify. Eric Sader against. Not wishing to testify. Diane Sader against. Not wishing to testify. Sarah Sader against. Not wishing to testify. Buddy Morrison in favor. Not wishing to testify. And Jessica Morrison in favor. Not wishing to testify. Jim Cox against. Not wishing to testify. Marie Hansen in favor. Not wishing to testify. Palmer: Madam Mayor? De Weerd: Yes. Palmer: For Mr. Nary. Pertaining to the last testimony -- as you're making your way up here. So, he had cited Idaho Code 22-4502 and said that it specifically defined an agriculture operation. I'm just kind of wanting your opinion on -- on what the full sentence says. It says an agriculture operation means an activity or condition that occurs in connection with the production of agricultural products for food, fiber, fuel and other lawful uses and includes, without limitation -- and, then, lists of bunch of things. I'm not a lawyer, so I'm hoping because you are you can tell me does without limitation mean here is a list of things, but it's not -- this isn't a limiting list or is it saying something else? Nary: So, Madam Mayor, Members of the Council -- Madam Mayor, Members of the Council, Council Member Palmer, I mean I think you have hit on really what -- what the debate is. I mean there is -- if you look at that laundry list it lists composting, it lists animal bedding -- and it lists a variety of different things. So, it will be the Council's decision on whether or not, again, expanding this use is consistent or changing the use as proposed is consistent with the development agreement. It certainly is -- it surely is reasonable to look at those definitions on whether or not what's been previously approved as allowed on the property from what is now being proposed is consistent and that certainly could be a guide, but it's certainly not definitive enough to say, well, it doesn't fit in this box, so whichever is on this list, therefore, you can't do it. I think, again, you have to look at the whole of what's been presented in regards to uses, how it's being done, what's being done there and those things. So, certainly there is arguments on both sides, that's why there is a number of lawyers in this room and I don't know if any of us agree on any of it, so -- it definitely is up to this Council to decide in your ordinance and the agreement that you have and what's being asked to do and whether what they are asking to do on top of it is consistent or not and that certainly is something you can use as a guide to that answer. Palmer: Madam Mayor? Since I got us on this now -- sorry. But -- so -- because my concern is if -- if what is taking place or what's even being proposed would qualify in 2245, then, does even -- even if he was violating our current -- not development agreement. Whatever we have. Meridian City Council Meeting Agenda August 7, 2018 – Page 76 of 572 Meridian City Council July 17, 2018 Page 74 of 104 De Weerd: It is a development agreement. Palmer: Oh, it is a -- okay. Yeah. Sorry. It's getting late in my head. But even if what the applicant is doing now or is proposing would be in violation with the current development agreement, if -- if anything that he's doing would qualify under this is -- is our agreement relevant anyway? Because wouldn't Idaho Code supersede -- if -- if Idaho Code says you can do this regardless of what a city says, is it still valid because it's a contract between us or is it in -- does it not matter, because code says you can do it anyway. Nary: So, Madam Mayor, Members of the Council, Councilman Palmer, that's a great question and the reality is is when you choose to annex into the city and you choose to, then, subject yourself to the laws of that city and doing that you also choose to, then, contract with the city of what you can or can't do, you're -- knowing full well what the Right To Farm Act is, arguably, you, then, conceded that you're going to limit some of those things based upon your contract. So, it would be inconsistent to, then, come back later and say, yes, I may have agreed to that and that's what the -- the Land Use Planning Act contemplates, but this trumps that. So, I don't have to follow any of it. I don't think that's consistent. That wouldn't be my opinion that you can do that. I think the development agreement is valid. I will answer another question you haven't asked, but it's been asked a number of times -- in our opinion the noticing that was done when this annexation was done was consistent with the Idaho Code and was consistent with the city code at the time. We certainly have a disagreement and I respect the opinions of the attorneys in this room. I disagree with that. But that's not an issue before you tonight. If that was in error, then, a court may tell us that at some point in the future or not. But it's not an issue before you today. All you have is a development agreement that was lawfully entered into with an annexation request and a request to change that. So, the notice issue really isn't an issue for you tonight and the issue you have asked -- I agree is a great question, but in my opinion, once they chose to do it this way, they are subject to the DA. Palmer: Way more sense now. Thank you. De Weerd: Thank you for your patience. If you will, please, state your name and address for the record. Hansen: Murray Hansen. 1319 West Old River Drive, Meridian. 83642. De Weerd: Thank you, Mr. Hansen. Hansen: I have been a life-long farmer and cattleman. I happen to work for Mr. Murgoitio. I run the farm and manage the feedlot. I just wanted to clarify a few points -- and I did agree wholeheartedly with Mr. Pica that it would be better if people were sworn in before they offered frivolous statements. I'm more worried about a hay fire than the wood fires. Spontaneous combustion takes two to six weeks to occur. You can look Meridian City Council Meeting Agenda August 7, 2018 – Page 77 of 572 Meridian City Council July 17, 2018 Page 75 of 104 that up. That's factual. The wood piles are monitored every two to three, four days with the temperature probe stuck down them. Haystacks you can't probe them in that far, so if they have too much moisture in them the bacteria is going to become active, it's going to create heat. And you can smell that sometimes before it happens. Sometimes you can't. I noticed there has been two hay fires here recently. That's -- that's the fire I worry about, not the wood fires. As far as not being able to use up -- not having enough -- or it was stated that we don't -- we have more mulch than what we need for the farm - - that mulch gets mixed in the pens. It's used for bedding. And, then, it's mixed with manure and when we clean those pens out we spread that out on the fields. Last year we cleaned all the pens and we covered 60 acres. That's all we had. So, is the answer a bigger feedlot or just spreads it out on the field without mixing it with manure or clean the pens more frequently. We did not have enough material to cover 800 acres. So, that -- that is factual also. One woman complained about the rodents coming over. The gophers. More gophers because of this -- this operation. Well, that didn't happen. We plowed up that pivot there that you see that's on the edge of the project there that has been taken out of the application. When you till ground that hasn't been filled for several years where there is hayfields or pasture land, the gophers accumulate in those fields. When you go in and work those fields, then, the gophers -- they leave and go somewhere else. So, that would cause a western migration of those. Not from the area where the recycling and the grinding, et cetera, is -- is occurring. There are no chippers on the place. There are no shredders on the place. There are grinders and a trommel. Any questions? De Weerd: Any questions for Mr. Hansen? Thank you. Coles: Next Chris Sperry signed up against. Not wishing to testify. Danette Palmer signed up in favor. Not wishing to testify. Eric Zifel in favor. Not wishing to testify. Lance Palmer in favor. Not wishing to testify. Tony Hedrich against. Not wishing to testify. Nan Hedrick against. Not wishing to testify. Lisa Haws in favor. Not wishing to testify. Brian Pasternak in favor. Not wishing to testify. Raquel Hansen in favor. Not wishing to testify. Bob Vincent in favor. Not wishing to testify. Julie Vincent in favor. Not wishing to testify. Mark Sader against. Not wishing testify. And, Madam Mayor, that concludes the list for this particular item. However, if you would like me to go back to the list from Item 5 on this agenda -- De Weerd: Yes, please. Coles: -- for those that inadvertently signed up there. Certainly. I will try not to read. If I -- if you signed up twice, hopefully, I remember. Bruce McAlvain. Did Mr. McAlvain wish to address the Council on this issue? Rhonda Mason? Quinett Boone. Rodney Boone. Guy Cavanaugh. Ben and Patty Hamilton. Let's see. Jennica Hagler. I think I read your name already. Rod Nettinga. I think I read that name. Andrea Harris. De Weerd: Good evening. Harris: Thank you. Sorry, I'm -- this is new for me. Meridian City Council Meeting Agenda August 7, 2018 – Page 78 of 572 Meridian City Council July 17, 2018 Page 76 of 104 De Weerd: That is perfectly fine. If you will, please, state your name and address for the record. Harris: I'm Andrea Harris. I live somewhere on Raison Court. I have only lived there three weeks and it's in the 600 numbers. It's in Kuna. De Weerd: If you will talk a little closer to the mic. Harris: 649 I think is the address. I came because I found out about this through the homeowners association. I live in the Patagonia development. I have to be honest, everything I found in Idaho I found because I was lost and I found this gentleman's establishment because I was going down Locust Grove and this was before I found out about this and with no offense, sir -- and I'm all into composting and recycling and everything else, but I don't know if these pictures that were shown -- really don't do justice, because it is really an eye sore and we talk about putting trees up and bushes and everything else, but you can put lipstick on a pig, but at the end of the day it's still a pig. It's ugly and I wouldn't want to be living next to it and I don't think anybody here really would want to either and my heart goes out to the residents that have to look at it and have to listen to what's coming out of there. At this point I'm not impacted, but it really is just -- it seems wrong on so many levels. I think the concept is great. Sir, I wish you all the best. But I just don't see that this is the right location for what this gentleman is asking for. It seems that there is a lot of other places that are nearby or -- I don't know. I don't know that much about Idaho. That would be a better home for this facility. This doesn't seem right. And in closing -- and I'm trying not to repeat, because I can say -- and I respect what you said, Madam Mayor, I agree with all of the above and everybody that said no thank you. There is a saying that's right now in a song that I listen to. Little rocks could make a giant fall. All of these people that are saying no should be those little rocks and I hope you will join them, because they are saying, no, thank you and I think their voices need to be heard. So, thank you for letting me speak. De Weerd: Thank you. Coles: Buddy Morrison. With that, Madam Mayor, I think I have made it through both lists. De Weerd: Thank you. Sir. Please come on up. If you could, please, state your name and address for the record. Jantz: My name is Ken Jantz. I live at 8440 South Locust Grove Road. De Weerd: Thank you, Ken. Jantz: I have a question for you. Why in the world would you want this dump in your city. You annexed it. It's a dump. It smells like a dump. It looks like a dump. The neighbors think it's a dump. I live across the road, unfortunately. I'm in the Kuna impact Meridian City Council Meeting Agenda August 7, 2018 – Page 79 of 572 Meridian City Council July 17, 2018 Page 77 of 104 area. And even I think it's a dump. In fact, we call it Mount Trashmore. I don't care how big of trees you put on that property, the piles of crap gets taller and taller and taller and they will clearly go higher than the trees, because they are getting bigger equipment. We bought our property in 1990. We have a -- I represent four properties, all of which are in my family. We have 110 acres. We live directly south and east of the property. We have an east facing bedroom and we are about a quarter mile away and every morning we can hear it run, we can see the dust, and even our cars get dirty in the garage. My dogs don't even sleep on that side of the house anymore. So, you guys need to come look before you make your decision. Go look at your dump. And if you are proud of your dump let him go. I think one of the things that I wanted to talk about a little bit -- there is a lot of development within a half a mile on South Locust Grove Road. A d eveloper by the name of Johnson is building 608 houses and that's certainly going to be impacted by -- by what Murgoitio is doing. When we bought our property in 1990, you know, Gary and Linda had a great operation, a farming operation, they were darn good neighbors. We understood that when we bought the property. Actually, there was a dairy there. We didn't even mind the dairy or the flies. But it gets worse. Traffic is a problem on Columbia Road anyway. You get the high speed racers coming home from Micron. You get the gravel trucks going down the road about 70 miles an hour and you're going to have a bunch more trucks on Columbia Road. I would hope that the Ada County Highway District is in favor of what this operation is going to do, because I think you have -- you have a serious operation. One of the -- and I will end up here real quick. One of the things I saw in there is there is going to be stone, et cetera. Are you going to have a crusher plant? Are you going to crush asphalt there, too? I mean that's what this says right here in this little document. I asked you to, please, consider the neighbors. Consider your neighbor Kuna, because we are probably going to be in Kuna. I tried to be in Meridian, but the land slopes down -- we catch all your waste. Please don't dump on us. Thank you. De Weerd: Is there any -- yes, sir. L.Murgoitio: Lou Murgoitio. I live on 7373 South Maple Grove Road. Madam Chairman and Councilmen, over the years -- obviously, Murgoitio -- we are related. So, I have always taken Mike's chips when he first started the operation for my cattle operation. They work very well. He might have 800 acres, but I have got twice that and so there is going to have to be a lot of material to cover all my ground and all his. I farm right next to him. Up and down the Kuna Highway. I think Mike has done as good as he can do with where he's at and he's trying pretty damn hard. Seriously. I have watched that kid grow up, start that, get it going -- I mean you got to hand it to him. I know there is a lot of neighbors that are not happy. I face it all the time myself in my operation. You get ag, you get development, and you get clashes. People want to live out in the country. Obviously they don't want to put up with some of the country amenities that go with it. I totally understand that. That's just the way it is. Truck traffic. It's everywhere. We all know that. The infrastructure in the valley just won't handle it. I don't care if it's my trucks, gravel trucks, everybody. I'm not going to keep going on here. Mike puts out a great product. I can honestly say when I get his product there is no rocks, there is no concrete, there is no asphalt, because my cows won't lay on it anyway and I don't want Meridian City Council Meeting Agenda August 7, 2018 – Page 80 of 572 Meridian City Council July 17, 2018 Page 78 of 104 it out in my fields and so he does as best as he can do and I know -- I understand all the neighbors' concerns. I really do. I have had to be a good neighbor where I am just to stay in the dairy business. Now I'm going to tell you something. My manure and compost can stink on Friday, but everybody wants a load for their garden Saturday morning. Just remember that. And so I'm not here to toot my horn and not because I'm related to him, but I think you really need to consider this and I'm in favor of it. He's a great asset to my operation and I will leave it at that, because I know there has been a lot said tonight and I appreciate your time. Take any questions. De Weerd: Thank you. Council, any questions? We appreciate it. L.Murgoitio: Thank you. De Weerd: Yes , ma'am. Good evening. If you will state your name and address for the record. Stucker-Gassi: My name is Christina Stucker-Gassi and I live at 106 West Idaho Avenue, Meridian, Idaho. De Weerd: Thank you. Stucker-Gassi: And the reason that I came up here tonight is for a few different reasons. One is my father's parents moved here in the '70s. They swapped a plot of land in Oklahoma for a farm here in Meridian and that farm used to be on Locust Grove and Fairview. I grew up with kids who spent their whole lives on land my dad used to farm and I'm only 24 years old, but I have seen this city change exponentially. I remember when there used to be gaps between Meridian and Boise on the east side and I know there is a lot of people moving to Idaho right now and we are in the fastest growing county in the state, estimated 80 people moving here a day and that was one of the reasons. And the second is I am trying to find a way to make my living connected to agriculture, but, unfortunately, I don't have land to farm, because my grandparents couldn't turn down the offer the developer made to sell their land and agricultural land is significantly valued -- valued significantly less than developed land -- developable land. So, I would just really like to encourage you to think about what the urban-rural interface is going to look like as we continue to grow and what that means for the productive land we have left, looking at easements and other -- other ways of preserving agricultural land and allowing farmers to retire -- landowners to retire. That in a lot of cases is a driving force behind selling land that could feed us. So, that's all I'll say. But I just didn't hear anyone else mention it, the direct connection, because I felt I needed to. De Weerd: Thank you. Is there any further testimony? Good evening. Fish: My name is Lyons Fish. I live just off Hubbard and Cloverdale and my address is on Brumby Lane. And I wasn't going to testify, but I listened to everything tonight and I want to tell you I go by his operation at least once a week. It's on my way to D&B, because I go down there to get feed and everything else and I got to tell you that the Meridian City Council Meeting Agenda August 7, 2018 – Page 81 of 572 Meridian City Council July 17, 2018 Page 79 of 104 truck problem out there is not necessarily his operation or anybody else's out there, the truck problem is all the trucks coming out of the gravel pits behind the airport and they are all running over to Kuna to build shopping areas and Meridian to build stuff and they all come down those roads. That's 90 percent of the truck traffic. They go on Cloverdale. They go -- cut across. They get to Kuna-Meridian Road and, then, they go where they want to go. So, you can't be blaming his operation for the truck traffic. I have also driven by there and the only time I ever smelled anything was when he made a big mistake and took a bunch of old onions and I did smell those. But that's the only time and I have been driving by there now for about five years -- about as long as he has been in business there doing it and I understand all these people's concerns, but I'm wondering what's going to happen 15 years from now when all the houses move out around Simplot's slaughterhouse, are they going to want them to close that down and move out, because they moving their houses out there? That's not right. These guys have been farming this place for going on a hundred years. This is their livelihood and they are trying to do the best they can and I -- they are not dummies and I will tell you what's going to happen is some developer -- and I know about developers, because I used to be one -- is going to come along and offer him a lot of money and they are going to take that money and they are going out of here south somewhere and buy three times as much ground and move their operation, but they got to get it running, they got to get it established and they got to do what they are doing and they are not doing anything that's not in some way associated with agriculture and I'm not sure that this city council should be put on the spot. The state law -- the right to farm law -- and there is other -- and the county regulations -- and it was poorly handled up front. They wrote a bad development agreement. They didn't put any time limits on it, so now you have got a bunch of attorneys here working for people telling you -- and they are right, this is not a good agreement. This is a bad agreement. But are you all going to go to court and spend a lot of money and waste -- these people going to go to court, you go to court, and Murgiotios go to court, that's ridiculous. Can't you do some kind of a development agreement with a set time of what can happen and when it comes to an end to give him a chance to go finish out what he's trying to start, so these people know when they are not going to have this problem and get on down the road. That's all I'm saying. De Weerd: Thank you. Okay. Nay -- yes, sir. Good evening. Cox: My name is Jim Cox. I'm at 1305 East Columbia Road. I would expect that we are the closest to the compost piles. Madam Mayor, Council Members, I intended not to speak, but felt like I couldn't leave the last one where it was. Most of the points have been made. It does seem like being that close to that facility we have a bird's eye view of most all that goes on. I have known Mike -- Mike and I have tried to work together for several years. Going back to the point of people moving in, we have been there for 22 years. Two years ago when this development agreement was first started things were very reasonable and we felt like it was very workable. It has exponentially increased weekly since then -- activity in every form and I feel like increased two the point of disrespect and I feel like it has gotten completely out of hand, it has gotten to the point where they are -- there is a disregard there for the neighbors. We have tried to work Meridian City Council Meeting Agenda August 7, 2018 – Page 82 of 572 Meridian City Council July 17, 2018 Page 80 of 104 towards something that would be agreeable to all, but it hasn't worked and he has continued to work his plan in that it is an industrial facility. Mike himself said so. Agreed with that probably over a year ago at my house and it continues to grow. The noise continues every day. That point has been made. The trucks have been just a huge amount of trucks going out of there every day. I don't think they are going to fertilize or for bedding, they are going west down Columbia Road and there are a lot of them -- right passed our house and the odor -- I have heard several comments that the odor is not a problem. We have a lot of people at our house almost weekly and almost without fail -- what is that smell? What is that noise? What's going on? What's -- what is this? So, those items are real. The comment about a hundred million pounds of material coming in constitutes also a hundred million pounds of material going out and when you do the math that's -- that's a lot of trucks. That's a lot of industrial operation. I do agree it's an ag use, but it's an industrial operation and it has continued that way and it has continued to grow over the last two years as we have tried to manage it and be patient with it and watch it continue to expand. So, thank you for your time. Thank you for your judgment on that, so -- De Weerd: Thank you, Mr. Cox. Okay. Any further comments? Okay. Would the applicant like to come and respond. Murgoitio: A couple things that if you don't make a decision tonight I really hope that you take a look at the book I submitted to you. That really states -- I didn't really have a chance though -- and I had two meetings with my neighbors and another meeting that they had that I went to to try and talk to them to work out some of these details that we were all concerned with and I asked them -- I said would you, please, get back with me and say what are your concerns? If I can, you know, work with -- can I change, can I do -- and they -- not one of them got back to me, except for right before the hearing said that they read the development -- or the staff report and they decided they didn't really want to disclose what their concerns were. So, I kind of had a blank slate of what I was trying to shoot the gap on what their concerns were. So, I issued a whole deal of those concerns and -- and I did a noise study, so we did a study to see what their concerns were on the noise, the vibration. We had decibel readings from all of our farm equipment and our grinding equipment. We determined that they did have a point with the grinder. We felt like the grinder was the loudest piece of equipment, so we are deciding to put down a muffler for residential use, which I forget what the -- the decibel rating on it will lower it 18 to 23 decibels. So, that should put it about 60 decibels right there at the -- the border of the property. Something else that -- the neighbor that's probably the most affected, because they are down wind of what we have got going on and directly east of our property, she's a former director of the Central District Health Department and she is in favor of us, as long as we comply with DEQ and Central District Health regulations. She supports us, she wrote a letter into the city, and I hope that you would take a look at that. Becky. McKay: Thank you, Madam Mayor. Becky McKay. I will try to address this -- some of these concerns that were brought up. Considering the -- the notice for the development agreement, you know, I have been doing annexations and rezones in this city for 26 Meridian City Council Meeting Agenda August 7, 2018 – Page 83 of 572 Meridian City Council July 17, 2018 Page 81 of 104 years and never once was a development agreement -- a notification sent out to the property owners. Now, notification was sent out to the property owners that we had submitted an annexation, rezone application, but there -- there is no provisions for another notification that, hey, we are doing a development agreement and that's contract zoning. That's -- I mean no one does it in that fashion. So, any -- any statements by any attorneys to that effect, I don't know where they are getting that. Concerning the number of vehicle trips -- you know, we have heard, oh, there is 50 trucks, so forth. Mike couldn't answer the questions at the neighborhood meeting on how many trucks there were, because he needed to research it. So, I asked him, you know, could you give me a year's worth of data. He gave me a year's worth of data. They are averaging about nine trucks in a day. Now, it depends on how they count trucks. He also has agricultural trucks. Agricultural pickups. The trucks return to the site, they also have to refuel. So, I mean those are not trips that are counted within that 40 that are delineated within the DA. That is the way a farm operates. As far as the wrong irrigation district, I get those all the time. Nampa-Meridian is notified, but I might be under Boise Project Board of Control, New York Irrigation District -- that is really irrelevant. The Boise Project Board of Control is fully aware of the operation. They have been out to the site. He deals with the ditch rider. They don't have any concerns that he's aware of. I think Mike addressed the grinder noise. I mean it's going to be a significant expense for him about 10,000 dollars, to purchase a specialized muffler for the grinder, but he's willing to do that. He's willing to take steps, install landscaping, try to make the site more aesthetically pleasing and try to accommodate some of the concerns that the neighbors have. They talk about all this truck traffic -- as indicated by one gentleman there is gravel trucks out there. I was out there for two hours and I saw trucks totally unrelated to Mike's operation. In fact, in the two hour span that I was there one truck arrived to dump a load in a two hour span. Loaders, excavators, water trucks, loading, unloading, tractors -- hey, my dad -- he has all of that equipment on his farm. It's operating all the time. That is not indicative of -- oh, so this has got to be industrial. That cannot be the case. As far as the wholesaling to Home Depot, I don't know any farmer that raises crops, does not transport them off site and sell them to someone else. The definition of farm is not that everything has to be consumed and used on that farm. That is not the way the code is written. And I think as far as concerns about comments, such as other such materials, Mike is willing to define -- to have this Council and the attorneys define -- clarify exactly what he can and cannot do on that site. He is not asking for carte blanche. He's not asking for miscellaneous -- he wants to define it. He wants to make these neighbors feel that they know what is happening at the site, that the Council can be assured that he is in compliance. He does have to submit an odor plan -- engineered plan to DEQ, to Central District Health, for their review and their approval for his composting if he takes on food waste. I'm just trying to -- I got a lot of comments. The comment was this is the wrong location for composting. Well, if you look at -- as Councilman Palmer indicated -- the Idaho statute as far as what is an agricultural facility, it talks about plant byproducts, plant waste, plant composting. It talks about it in the state code. So, how can this be the wrong location? This was agricultural. He did not go ask for that R-4 zone. The city came out to him and said we would like to annex -- do a mass annexation. We want to know that these properties at -- when tend to develop at some point in time, so that the extension of our facilities will Meridian City Council Meeting Agenda August 7, 2018 – Page 84 of 572 Meridian City Council July 17, 2018 Page 82 of 104 be utilized. I mean this was a thought-out plan by the city. As far as the R-4 zone, I see that as -- from a land use perspective totally irrelevant since this use existed prior to the annexation and the R-4 zone. Susan Karnes from the Southern Rim Coalition says, you know, she believes this is an industrial use and talked about the developments that are approved. This is the same person that objected to my subdivision Sky Mesa, which she mentioned, is coming in next to her subdivision. She also objected to the other subdivision that is south of -- of her project. So, I mean I can see some of these people -- if I were doing a subdivision would be here objecting, too, to additional traffic. I don't know. I just see some irony there. But the facts are the composting already exists. The windrowing exists. As far as the management of that site, Mike is doing everything he can to make sure that that is -- facility is ran perfectly in order to eliminate -- and like he told me, if done properly there is no odor. I drive -- we drove all over there. I was trying to find a smell. I could not find a smell. I could smell a little bit of wood chips, but that was it. Then he took me down by the cattle, then, I smelled silage. That was the only thing that I could smell. There was a little pile of grass over by the feedlot. I smelled grass, but -- well, there is grass smell over at my five acres in north Ada county, too. Traffic volumes. I talked to Ada County Highway District about the trips that he generates. Mindy Wallace indicated Columbia, Locust Grove are arterials. As far as the current volumes on the roadways and the amount of trips that he is going to generate with the facility and the application that's before you or the expansion that's before you is negligible. We have absolutely no concerns whatsoever, nor would we require him to do a traffic study. As far as rats and mice, I asked Mike about that. Did they ever have any rodent problems before. I mean there is bagels out there, there is tortillas, there is bread. Mike said they did have a few rats. They put out some rat poisoning and that ended. As far as gophers -- I got gophers at my place and there isn't a composting place anywhere. I don't know where they come from, but they show up and I saw a rock chuck out there, too. So, I don't think that is attributed to his site either. Finally, as far as the hundred million pounds of cattle feed and soil amendment, you know, Mike has -- and others have stated how that's used and what little goes off site and I ask the Council to -- to take this under consideration. I don't expect you to make a decision tonight, because this is complicated and I'd like the parties to get together and be able to come up with something that will work for everyone, because I think the neighbors have valid comments and concerns and Mike has an operation and he's providing a community service that this community needs. Thank you. De Weerd: Council, questions? Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: How much time would you need -- because I read through the -- the modifications of the development agreement and there is several things that you had mentioned that you want to adjust and whatnot anyway. How much time do you think that you would need to -- to make some adjustments and have a new development applicated -- or a development agreement modification? Meridian City Council Meeting Agenda August 7, 2018 – Page 85 of 572 Meridian City Council July 17, 2018 Page 83 of 104 Murgoitio: I am leaving on vacation tomorrow and so I'm going to have to tack a week on anything we estimate, so I'm thinking a month to a month and a half to have a complete one back. If you would like us to negotiate with the city and meet with your attorneys, I'm happy to do so. I have right now a fairly open schedule in a couple weeks out. I think that that would be the most -- the quickest way I should say to get this done, so, hopefully, we can get together on a concept that we think will work and, then, submit for future consideration. De Weerd: Other questions? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Just one to clarify -- the discussion about the use expanded as it's intended expiring. In the draft development agreement it's really loose, so is it truly the intent that there is a date certain that the expanded use -- or all use would expire or not? Murgoitio: Right now under the development agreement there is not a December 31, 2025. Borton: Right. Murgoitio: There are dates when the DA will expire due to development on external properties. If I recall correctly, it's a thousand feet within the -- the grinder. Borton: Right. Murgoitio: It also will occur if the property is ever conveyed to a third party. This development will expire. Borton: Okay. Madam Mayor. That's what I thought. Which is different than a date certain. So, for example, it could continue for 30, 40, 50 years perhaps and the reason I asked that is that -- at least in the proposed development agreement change, the one thousand foot distance was proposed to be reduced to 500 feet. So, much more -- much less likely event would cause it to expire and I'm not saying it should or shouldn't expire, I just want it to be crystal clear if there is a perception that this use is truly temporary, then, let's say that and make it clearly temporary and, if not, then, let's not say it. Does that make sense? Murgoitio: Madam Mayor, Council Member, I would like to say it -- for me it's really hard to say ten years, because on an economical cycle it's really hard to hit a point to say, okay, I'm going to hit my -- I'm going to sell my property here and move here. So, it's really hard to hit that. I'm willing to -- that's why one of the people I talked to, Dave Turnbull, you know, I spoke with him and I just kind of -- what's your feel -- you know, Meridian City Council Meeting Agenda August 7, 2018 – Page 86 of 572 Meridian City Council July 17, 2018 Page 84 of 104 what do we want to do and what's your kind of, you know -- you're right up next to me, so I'm going to affect you, number one. So, I want to know what your opinion is. And he really didn't want to pin me down to anything, he just says, you know, it's really -- I'm not going to tell you what to do with your land, but I think you will start feeling some pressure when we get out there to development and at that point I will have -- you know, he's going to -- you know, some of the -- the ground I farm, I rent it from him, so when he develops I'm going to have less and less place to go with all my stuff, plus I got to relocated my cattle operation to another location. So, as that kind of encroaches we will be on a path to go to another, you know, site. Now, what literature we want to put together as far as a development agreement to say, you know, what's kind of -- so, it's not so open-ended, I'm okay with that. I just don't know how to put that together to where everybody feels comfortable to where I'm not backed into a corner, I don't have, you know, the majority of my property sold and stuck closing this down and have to go buy property out when I have all this property right here due to an economical crunch. Borton: Thank you. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Mike, we received a piece of written testimony from somebody who had to leave that talked about your property being about overseen by Department of Agriculture. Is that accurate and can you provide what that oversight looks like? Murgoitio: So, it's a little bit complicated, because -- I will give an example. When you have a tree and you grind it up, that's not considered a solid waste regulated by DEQ. Okay? When you remove the leaf from that, that is considered a solid waste that's regulated by DEQ. So, you have two sets of regulations that are kind of working towards each other that are kind of murky water. So, it's not really a cut-and-dry deal and that's why when a lot of these guys were asking these questions, it was like you have a whole set of regulations over here by DEQ and you have a whole other set of regulations over here by the Department of Ag that kind of tie in with one another on this project. So, it's not a simple, easy answer. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: If this may be going towards a continuance, ample time to try and allow the parties to see if there is some way to craft language that can make all of this be properly addressed, one of the things when I first brought up the comment about, you know, this -- call a spade a spade and -- and rezone it make an industrial and amend the map and own it and it sounds like the intent is to be extremely successful, which means you want lots of traffic, you want lots of business and you want to help, you know, the area farmers as has been described. So, I look at the language in our code about the light Meridian City Council Meeting Agenda August 7, 2018 – Page 87 of 572 Meridian City Council July 17, 2018 Page 85 of 104 industrial and some of the things that our staff would discuss with you really early in the process and be a condition of that type of application and they are the same things we are talking about here. So, if there is those types of discussions that aren't in the draft yet at all, in addition to the concepts of, you know, a process hazard analysis that fire has raised and operations plan analysis from Central District Health, there is the language in our code that requires applicants in those light industrial type uses, those outdoor uses, to identify a proposed use that will address the impacts and noise and other emissions on adjoining residential districts, addressing that through setbacks, buffers, sound attenuation, hours of operation. So, if it's not necessarily a rezone application, let's -- it would be helpful to try and capture, for the benefit of all the public, as well as your success, those principles in the light industrial zoning designation. I think it gives good guidance that if this were to somehow fit -- and I don't know if I have got my head around it, but if it were to fit into a modified DA, as opposed to that kind of application, it's going to be a whole lot of guts in there to ensure all of those conditions are really spelled out clearly. Probably helps you as well as anybody else to make sure it's certain what those obligations are and whether there is truly sound attenuation options, muffles -- muffling or trees or berms or -- or not, as one example. So, that was my -- my concern, I just wanted to make sure those types of principles are addressed. If it's not a rezone map amendment, I'm still not certain that's not the most appropriate way. At least have a continuance with ample time to allow the wordsmithing of a modified DA to capture that. And, Madam Mayor, if I could, you brought up traffic, for example; right? If we are going to have additional truck usage it would be nice to see, you know, what's the entrance going to look like and how are you going to get trucks safely on and off, assuming you -- your expanded use has greater demand, in addition to the other comments. I think all of those are important to -- to capture. Parsons: Madam Mayor -- oh. De Weerd: And I actually think that each of those areas are exactly what the -- the resident -- your neighbors have all brought out with the -- the noise, the odors, the fire hazards, with the -- the fire plan, with the number of trucks and I think what Council said early on, it seems like a moving target, because we don't have anything in black and white in front of us, neither do your neighbors on what specifically the intent is that ends the moving target to have more fruitful discussion on the specifics. Bill. Parsons: Thank you, Madam Mayor, Members of the Council. As I sat here and listened to the testimony as well I was jotting down some of the notes that if Council's desire was to continue this out we could work with the applicant and address some of those concerns, so I will go quickly through my list and make sure that after everything that if this does get continued out at least we can be on the same page with the -- the applicant and maybe some of the neighbors' concerns as we move forward through the process. So, as alluded through -- through some public testimony and it sounds like increasing in number of trips allowed to the site from 40 to 56. Remove the retail component. Limit the size of the facility, so it no longer -- less acreage being used for the expansion. It looks like the applicant provide a mitigation plan for a berm and landscaping. So, a revised concept plan to be included as part of the -- of the Meridian City Council Meeting Agenda August 7, 2018 – Page 88 of 572 Meridian City Council July 17, 2018 Page 86 of 104 development showing the operations. Better define what they mean by agricultural purposes versus wholesale-retail. Really understand how much is it really for agricultural and how much is it for that -- that other wholesale component going off site to other places. We have addressed hours of operation. They propose some of that, so we want to make sure we capture that for the neighbors. Some of the ones that we are not that technical experts on and as you alluded to, President Borton, was getting approved from DEQ and, then, providing that with making sure that they are complying with DEQ requirements, Central District Health requirements, making sure they get irrigation district comments as part of that DA modification. A s ound study was brought up. Odor plan was brought up. A sunset clause was brought up. And, then, better define what types of materials are to be composted on the site and what's to be brought to that site and, then, as you -- and to the fire plan. So, I have got a long list of things that we probably need to dive in and get some better definitions and some structure on, but hopefully I captured some of the discussion that we have heard this evening. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: I know you mentioned that if the retail aspect was a sticky point that they be willing to remove it, but I think that's one of the benefits to what's proposed is opportunity for those around and those throughout the city to have access to purchase or pick up or -- you know, I think that's -- that's the highlight of the whole thing to me. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I don't have anymore questions for the applicant. I do have a question for Bill and I know we have kind of hodgepodged everything together. Bill, if -- if Council tonight or in the future where to vote to deny this application, what happens in terms of their operations? Continue to operate as normal as they have been? Talk me through that whole process. I know there has -- there has been a lot of concerns that I have heard tonight about how the facility operates. I'm just trying to wrap my head around what -- what they already have approved use to do and how that would be impacted if we were to deny that. Parsons: Madam Mayor, Members of the Council, I don't -- I don't know. You hear from the neighbors, they say the use has expanded beyond what -- it's their opinion the use has expanded beyond what the current DA allows. First, our office has never received a complaint on the operation, so we haven't physically sent out code enforcement to see if there has been any violation of that. So, at this point I don't really have a comment. If the -- if the application is denied they -- my preface -- my understanding is they are just going to operate the way they were put under the development agreement and that's what they are kind of -- that's the way that -- as Mr. Nary alluded to in his previous commentary. Meridian City Council Meeting Agenda August 7, 2018 – Page 89 of 572 Meridian City Council July 17, 2018 Page 87 of 104 Cavener: Great. Thank you, Bill. Coles: Madam Mayor? Thank you, Madam Mayor. If I may provide just some clarification. It has been brought up a couple of times and Mr. Parsons just brought it up with his list that he went through, so I want to make sure it's clear for the record and for this body that now as -- as a standard practice of the city clerk's office we have a list of agency partners that we submit and transmit all of our applications to you on every application. The irrigation districts, including Nampa-Meridian Irrigation District and the Boise Project Board of Control were among that list and are among that list. In this particular application the Nampa-Meridian Irrigation District decided to provide a letter back to us saying no comment, but contact Boise Project Board of Control. We had already done that. So, they were provided that opportunity, they simply had not taken that opportunity to write comments on this particular application at this point. Palmer: Madam Mayor? De Weerd: Thank you, Mr. Clerk. Anything further from Council? Anything further from the applicant? Murgoitio: No. I think we are good. Palmer: September 4th? Murgoitio: Yeah. I think we are clear that day. We are good. Palmer: Madam Mayor? De Weerd: Well, I think -- well, Mr. Palmer. Palmer: I move we continue the public hearing on H-2018-0042 to September 4th, 2018. Little Roberts: Second. De Weerd: I have a motion and a second. I guess we could have discussion if the motion fails. Because I don't know if all of you would like to continue it or make a determination tonight. The motion is to continue to September 4th. All those in favor say aye. Any opposed? These are the kind of motions you don't typically discuss. Borton: I actually wanted to say something. De Weerd: Okay. Well, say something. Borton: I don't know if -- Meridian City Council Meeting Agenda August 7, 2018 – Page 90 of 572 Meridian City Council July 17, 2018 Page 88 of 104 De Weerd: I asked and no one said anything, so -- Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: So, Madam Mayor, just so I understand and Planning and the public understands, is the expectation of the Council that between now and then we will have a conversation with the applicant, you will have new proposed draft DA conditions, the -- maybe some -- what we have seen tonight and others based on what Mr. Parsons laid out in the list of things and, then, your next hearing will, then, be another public hearing for comment for and against. Is that a correct understanding? De Weerd: Yeah. The list that Bill read off and -- as to capture much of what the testimony was tonight, as well as what the applicant stated were some of the changes. Those need to be captured in black and white and -- and so the neighbors have an opportunity to review that, but also that there is time to digest that from the Council to consider. Nary: Great. Thank you. Nary: It would be a continued public hearing, though. Mr. Borton. Borton: No. De Weerd: Oh, I thought you said something. Mr. Palmer. Palmer: And while we are all here, can we get a rundown of what noticing requirements will be for that meeting. De Weerd: None. Palmer: That was the notice. Nary: Madam Mayor, Members of the Council, Councilman Palmer, so normally you wouldn't renotice this hearing, so since you have had a hearing there is notice here tonight you're continuing to this one, unless you specifically directed you wanted notice to reset and certainly the clerk's office has a list and Planning to resend notice, so they certainly can do -- send the notice out that was set for tonight if that's your desire. Cavener: Madam Mayor? De Weerd: Yes. Mr. Cavener. Cavener: Just in answer to that, in light of the compelling feedback that we heard from the community or the public tonight I'm supportive of us going over and above, Meridian City Council Meeting Agenda August 7, 2018 – Page 91 of 572 Meridian City Council July 17, 2018 Page 89 of 104 assuming the rest of the Council is supportive of that, recognizing that all these people that are here are going to talk to their friends and their neighbors who left because it's almost 11:00 o'clock and let them know that this is being -- and I think it's important for all of you here to know as we want as many people as possible to be aware of the proceedings that are here. It is frustrating for me as an individual that we have a public hearing and nobody shows up. I want a packed house every week. We want as many people as possible to come and share their perspective, because it's very, very beneficial to us -- to me as a Council Member to hear from the public. There were lots of really compelling points made tonight. So, please, share it with everyone, put it on social media -- we do a great job with adding NextDoor, which isn't required by law, but we do it anyway. It sounds like that we exceeded the length requirements to make sure that even more people were noticed. It's got to be a partnership. So, we are going to do everything that we can do, but we need your help to also reach out to people who maybe fall outside of that or who, again, feel like they are impacted, but don't necessarily fall within the noticing requirements, so that we have as many people here as possible to make their opinions known. De Weerd: I think it would be fair, Mr. Clerk, that you not only look at the -- the mailing distances, but anyone who signed up tonight, if they provided an address, that they get it mailed as well. Okay. Anything further from Council? Okay. So, just to summarize, this public hearing has been continued to September 4th. A n ew modified set of development agreement will be provided for that continued public hearing. So, anything that's being proposed will be in that DA in black and white and as our planner had summarized many of the issues that were raised through the public testimony, that we hope to see addressed in the modified development as proposed. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: To kind of make that meeting more productive, if at all possible, if it's not too late to -- to add a condition, but to have I guess the best completed next draft of a development agreement ready, you know, the Friday before or something so the applicant and the public can see for better or for worse what the new language is, not Monday or Tuesday. Parsons: Madam Mayor, Members of the Council. This is a very complicated project. I mean there is a lot of things that we have to coordinate with different agencies to make sure we capture everything that we want, if that's your desire to -- to review that and make sure we are covering our bases. De Weerd: Yes. Staff needs it before that Friday. Parsons: Yeah, we -- specifically we will probably -- we won't redo the staff report, so I don't want the neighbors to be -- the residents to think that we are going to rewrite a staff report. We are, basically, going to prepare a staff memo saying these are the Meridian City Council Meeting Agenda August 7, 2018 – Page 92 of 572 Meridian City Council July 17, 2018 Page 90 of 104 provisions that you need to take into consideration based on the guidance you're giving us tonight and that will be part of the public record that we get to the clerk and typically our timelines are the Thursday before the public hearing, so we have to get that to the clerk by 3:30 p.m. on August -- August 30th is when it should be to the clerk based on our deadlines. So, hopefully, that is enough time for the applicant and our attorney's office and staff to work -- to get all these things worked out. So, that's our bottom line is that date and, then, working back from there. De Weerd: But that's when you have to get your -- your staff summary together, so you need how much time to be able to do that? Parsons: Madam Mayor, we prefer seven to ten days to get something working, so we can have the time to work and -- De Weerd: So, I would imagine that if -- Parsons: You're talking three weeks from now, basically, is -- De Weerd: No, I'm sorry. I -- so, you need it by when? Parsons: Staff would hope to have something three weeks from now -- if we want to meet that deadline at least like to have something by the 17th of August. If not, maybe - - anywhere between the 17th and the 22nd of August we would like to have something buttoned down to prepare a memo and adequately address some of these -- Borton: And, Madam Mayor, the reason I -- I raise that question is it's not necessarily productive if it's the 4th and we are still figuring out language. If it means it's an extra week or so into September, so there is ample time for -- there is a better final draft of the new development agreement can be out a week or ten days to the applicant, to public, there is no surprises and that means it's September 17th -- better to be right than right now. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I know we as a body already took action to continue it, but I think the 4th is the day after a holiday, recognize that life for both applicant and staff may get in the way -- what we don't want to have is a scenario where the public comes back on the 4th and we say, boy, we need one more week to get this -- to get everything finalized and, again, the public has built their schedule up against a three day weekend and now we are continuing yet again. So, I am much more supportive of going to the 17th. I just don't know -- and I may need some guidance from Mr. Nary and from the Council about how to unwind when we have already just voted to continue it to a certain date and I don't -- and, further, looking at this maybe that date isn't the most appropriate and an additional week is -- is better suited maybe for the applicant and I think for the public. Meridian City Council Meeting Agenda August 7, 2018 – Page 93 of 572 Meridian City Council July 17, 2018 Page 91 of 104 De Weerd: If we need this two weeks before, so that everyone has an opportunity to look at it, it needs to be further down the road and that would just be a -- Nary: A motion to reconsider. De Weerd: -- motion to reconsider. Borton: Madam Mayor, I move to reconsider the decision to continue the public hearing to September 4th. Palmer: Second. De Weerd: Okay. I have a motion and a second to continue the -- the date specific to rehear this modified DA. All those in favor say aye. Okay. MOTION CARRIED: FIVE AYES. ONE ABSENT. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Move that we continue this public hearing to September 18th. Little Roberts: Second. Borton: And that the revised proposed modified development agreement be available to staff and the public the week of September 3rd. De Weerd: Okay. Borton: Is that -- is that fair, Mr. Nary? Nary: Madam Mayor, I guess the week of September 3rd -- you mean the 3rd or the 4th, which is the day after the holiday? I -- it would be easier with a date certain. If we knew this is when you want it put on the website for people to review, that means we need it for Mr. Cranny before that and we want staff comment -- I don't care what day it is, I'm just shooting for a day. Borton: Madam Mayor? The 6th -- the 4th is coming off a holiday. De Weerd: The 6th or the 11th. Borton: September 6th for the completed modified development agreement to be available. Meridian City Council Meeting Agenda August 7, 2018 – Page 94 of 572 Meridian City Council July 17, 2018 Page 92 of 104 Cavener: A meeting on the 18th. Borton: Which is -- and a meeting on the 18th. De Weerd: On the 18th. Borton: Yes. Little Roberts: Second agrees. De Weerd: Okay. Borton: I see head nods. De Weerd: Okay. Is everyone clear on this motion? Okay. So, the motion is to continue to the 18th with the -- the document to consider on the 6th. All those in favor say aye. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. De Weerd: I'm going to call a recess for ten minutes. (Recess: 10:52 p.m. to 11:07 p.m.) I. Community Development: Net Zero Budget Amendment for Paylocity Idaho Opportunity Fund Grant De Weerd: Okay. I will go ahead and call this meeting back to order. Item 8-I is under Community Development and we have Cameron here. Thank you for hanging in with us. Ariel: You bet. It's a pleasure to be here this evening, Madam Mayor and Members of the Council. De Weerd: And bringing your son. Ariel: Yeah. We had a good father-son time. De Weerd: So, you have to introduce him. Ariel: Yes. This is my oldest son Beck in the back here. He's on summer vacation hanging out with dad tonight, so we had a good time. Yeah. It's kind of sick. I know, but -- it's a pleasure to be with you. I wanted to just touch base and ask for your approval of the net zero budget amendment for the Paylocity grant funding. Just a couple notes on this. This is to -- just for the spending authority, if and when a proposal agreement is put in place. So, this is somewhat independent of that, but would only go into in effect if Meridian City Council Meeting Agenda August 7, 2018 – Page 95 of 572 Meridian City Council July 17, 2018 Page 93 of 104 the -- you know, the agreement and the contracts were to be agreed upon and move forward. De Weerd: And we receive the funds first. Ariel: Correct. And so that -- that is -- that would be the -- the intent of this. So, just to be clear, we are just asking for the authority. There is no financial commitment whatsoever to the city. It's only when the funds are transferred from the state to the city that this would actually come into effect. So, that -- that's what this is for, but just for your background, as far as the process and where we are at today, the -- the agreements have been drafted and, you know, gone over by Legal, as well as Finance and our department. Those have been passed on to the relevant parties, Department of Commerce, the site selector, as well as Paylocity and it's our understanding at this point they are being reviewed by -- by those parties. If I recall -- and Mr. Nary may be able to help me with this -- there were a few items that may need to be tweaked in that, but, of course, all of that would have to go -- you know, pass muster and be approved by Legal and Finance before we would proceed with those agreements. So, again, this is just asking for the spending authority and that's -- that's what's before you at this time. De Weerd: Okay. Council, any questions? Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: Madam Mayor, Cameron, did we get a letter of agreement or something from Department of Commerce? I know we had talked about that at one point and I didn't remember ever seeing it and I apologize if we did and I just don't remember. Ariel: Sure. Madam Mayor, Council Women Little Roberts, yes, we did receive something from Commerce, you know, extending the -- you know, the intent to do the grant and -- very similar to what was issued to the city of Boise initially. Little Roberts: Thank you. De Weerd: Can you get a copy of that to Council? Ariel: Would be happy to. Yeah. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Same thing is -- is the application is submitted and has been approved by all parties and completed or are we not there yet? Meridian City Council Meeting Agenda August 7, 2018 – Page 96 of 572 Meridian City Council July 17, 2018 Page 94 of 104 Ariel: Madam Mayor, Councilman Borton, separate items of what -- I believe Council Woman Little Roberts was mentioning was just the -- the intent to proceed with an award. I think what you're referencing is the actual agreements that would be ratified, that would, then, basically facilitate the -- the grant. Borton: Madam Mayor? I guess -- yeah. But has the Department of Commerce given its final decision that the grant funds are awarded or the application is accepted? There is not -- or is there still some determination to be made as to whether or not it would be approved? Ariel: Madam Mayor, Councilman Borton, the latter. So, we are still waiting for a few items to be clarified and agreed upon by the various parties and, then, that would be -- once that is the case -- if and when that is the case we would proceed with getting those -- that agreement in place and moving forward. Borton: Madam Mayor. And the reason I ask is the budget amendment, at least when I first saw it, I assumed that something must be improved and finalized. Is there a reason not to continue this and approve it if and when you get the final approval? Or if you get the approval and, then, within a week you could say, well, let's amend the budget and now that we know we are going to receive the proceeds, authorize the spending authority. Ariel: Sure. Madam Mayor, Councilman Borton, great points. That's certainly a route you could take. I would just note this was from -- from Todd in Finance that, essentially, if we do not -- if we choose to not go forward with this budget amendment, then, the amendment would, essentially, dissolve anyway. De Weerd: The budget amendment deadline is -- is -- was last week, so either we -- we did -- or you have to wait until October 1st. Nary: Madam Mayor? I can probably clarify some of what Councilman Borton has asked. So, we have -- both agreements have been out for review. Mr. Baird from my office has worked very hard on getting these done. We did get -- we did agree -- we got agreement today from Department of Commerce with the agreement, so they are ready to sign. There was a condition that Paylocity or the site selector have a disagreement about and I think they refer to it as a miscommunication. So, they want to clarify that, so we still need Commerce to agree to their clarification. But Mr. Lavoie is bringing the budget -- the rebudget amendment for the FY-18 budget to you I believe next week. So, that's why this has to be done. If you push this off -- what you're welcome to do -- then, we cannot do it until after October 1st and we anticipate it being done prior to October 1st. If it doesn't get done prior to October 1st, then, it probably isn't going to happen, so -- but we wanted to make sure the spending authority was there in this budget year, so we can get done before the end of the fiscal year. Palmer: Madam Mayor? Meridian City Council Meeting Agenda August 7, 2018 – Page 97 of 572 Meridian City Council July 17, 2018 Page 95 of 104 De Weerd: Mr. Palmer. Palmer: Sorry, I mean nothing's convenient or easy around here. I'm still not comfortable with it. I -- I just don't like anything about it. Especially that we are -- it was just assumed we would be doing it and so that was just kind of the communication that came from the state was are you guys going to file this or doing this. It was something that Boise and Paylocity and whoever else had worked out back in the day and I don't -- I don't like the idea of us being just the middleman for siphoning dollars around for -- I don't know. It just doesn't sit right with me. I'm super uncomfortable with it, so I'm not supporting it. Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: Madam Mayor, follow up for Cameron. In the process of getting the application put together I'm still confused about -- or concerned I guess would be a better word than confused -- where Paylocity had contributed to infrastructure. Do we have anything where they have actually shown that they have contributed? Because when you go back through and read the statute -- and it's very much geared for infrastructure in the three that have already been done, we are all for infrastructure that they paid for. So, I also have been very concerned about this, but we have got -- we have dotted our I's and crossed our T's and have something that show they contributed. Ariel: Madam Mayor, Council Woman Little Roberts, I share that concern, to be quite frank. I don't know, you know, that the agreements that have been worked out we have, you know, tried to do so, you know, in good faith with, you know, all the parties involved and tried to make sure that -- the city is, you know -- you know, in a good position. But I -- I agree, I don't know that there is necessarily anything that Paylocity directly was involved in funding, so share the same concern. Little Roberts: Madam Mayor, follow up. Because I guess my concern is where they are leasing, I guess I still -- until I hear from the Department of Commerce that they are just like, yea, let's go, a lease qualifies, I guess I'm just feeling like -- from the way I have read it and people that I have talked to at least, doesn't generally qualify and I don't want to see us having any risk that the next person that comes along and leases says I get money, too. Are we opening the floodgates for something that this wasn't designed to do? De Weerd: I think alls we can say is the determination was not ours to make. Little Roberts: Right. That's why I would like to see something from Commerce saying, yes, this is our decision. Nary: Well, Madam Mayor, Members of the Council, I mean Commerce is the one that's waited -- we have two agreements. One with the Department of Commerce and one Meridian City Council Meeting Agenda August 7, 2018 – Page 98 of 572 Meridian City Council July 17, 2018 Page 96 of 104 with Paylocity. The Department of Commerce has been very responsive. We have crafted in the -- in the agreement everything that's in the statute that's required and Commerce has agreed with all of that language and they have had that reviewed by their attorneys and they have actually agreed to it and are ready to sign it. Now, there is this issue that Paylocity has raised in regards to the job creation issue and they are going to propose something regarding that and, again, if Commerce doesn't agree with it, then, they don't agree with it, but everything has been done through Commerce, because that's where the money comes from and we are -- we are simply the agency that is -- and administer of the -- of the transfer, but all of, Council Member Little Roberts, is what Commerce has approved. It hasn't been anything other than what their direction has been. Little Roberts: Thank you. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Unless anybody else wants to comment, I move we deny the budget amendment for Paylocity Idaho Opportunity Fund Grant. Cavener: Second. De Weerd: I have a motion and a second. Discussion? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I guess is it -- is it a philosophical concern that they shouldn't spend money on incentive programs like this, which is fine, or is it something more meaty where it's a belief that something with this application is inappropriate? More specifically, an opportunity grant fund shouldn't be used. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: The latter to Joe's point. The question. I think it's the latter. I think it just seems a little bit sideways. It seems a little bit off. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Meridian City Council Meeting Agenda August 7, 2018 – Page 99 of 572 Meridian City Council July 17, 2018 Page 97 of 104 Palmer: For me it's both. I think the -- the concern of, you know, the appropriateness of the use of the funds is in question to me, but it's -- it's -- well, it's a side benefit of this amendment not happening to my bigger concerns of we are the applicant in this and if there is any question as to -- as to whether it's -- or not the applicant -- I remember that was a question back in the day, it was are we the applicant and the answer is yes. So, it's not -- we are not. De Weerd: No. Palmer: Regardless, there is the concerns that, you know, Councilman Little Roberts brought up that do they really qualify? Are there exceptions being made, because they got to find somewhere to spend it? Or is it okay just because another government entity says it's okay or we are the ones that transferred the money -- you know, we can try to eliminate our liability all day long, but at the end of the day I am -- I'm not comfortable with this situation and so -- and nobody ever said anything until the building was dang near done, so I -- Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: Maybe a question for Bill. I mean does the city in your perspective, Bill, have any potential liability that you can think of that would put us in a precarious spot in the future? Nary: Madam Mayor, Members of the Council, first, we are the applicant, so I guess -- I'm not sure where -- we are the applicant, because we have to be the applicant. Paylocity is the recipient of it, but the city is the applicant, because the only way Commerce can disburse funds is through a municipality. So, I apologize if that was misunderstood, but that's what we discussed a number of months ago. The city did make a commitment a year and a half ago to make this happen and go forward with it and we are now just finishing the paperwork. So, the risk issue is -- there is no risk issue to the city. The city has no requirement in this. All the reporting is done by Commerce. That was Finance's concern is how this is getting done or transmitted and we have tried to meet all the Finance's concerns, as well as Department of Commerce. So, I think from that perspective -- we don't have any responsibility to the money, we don't have any responsibility to repay it back if it was incorrect. Commerce is the disburser of the funds based on their standards, which we have met. The agreements track everything in statute that's required. You certainly don't have to do it. I mean that's not a -- I'm not saying that, but from a risk standpoint there really isn't any. You -- this is just the budget amendment for spending authority. You still would have to approve the agreement. So, I guess if you don't want to do it at all, once -- if you decide not to do the budget amendment, then, I don't know that we need anymore contact with Paylocity or -- or Commerce, we would just tell them we are no longer doing this, if that's your direction. That's up to you. Meridian City Council Meeting Agenda August 7, 2018 – Page 100 of 572 Meridian City Council July 17, 2018 Page 98 of 104 Bernt: Madam Mayor, follow up. De Weerd: Yes. Bernt: Bill, so would you agree that just somewhere down the line something happened and we just sort of lost track with this situation and you were reminded, you know, way after the fact and we are a little bit behind the ball and there is a deadline and we are getting this -- I mean could we have been more transparent? Is there anything that we don't know that we need to get out to the public, so that there is no issues in regard to sort of looks funny to -- you know, to citizens. Nary: Council Member Bernt -- so, really, so -- I mean I guess if you want -- I mean we could put the history on the record if you want. I mean the -- Paylocity made a decision in the fall of '16 to move to Meridian at the Ten Mile Crossing. I think it was the fall of '16. Did I get the date right? Yeah. Fall of '16. So, they originally had a letter from the Department of Commerce granting them a 300,000 dollar opportunity grant that Commerce administers in the city of Boise when they select a site. That was in 2015. In '16 when they selected Meridian, Commerce, then, still considered them eligible for the grant and the city had engaged in conversation with them to -- to apply for the grant and do that and, then, that didn't happen and so there was a period of time where Commerce is waiting on the city to fill out the application and they were ready and willing to -- to administer their funds and there was -- there was a gap. This spring, when a new director came on board, they contacted Mr. Ariel when he came on board and said we are still waiting on the application. So, that's really what happened. There was about a year'ish lag where nothing happened. But the desire of Commerce to provide this grant has been the same as it was in 2015 when -- then when Paylocity was going to locate to the city of Boise and nothing about that has changed and what they are doing or providing meets what Commerce requires. It isn't a decision for the city. The intention of this grant is two disbursements. So, upon the approval of the job creation that's required by the statute and the conditions of that, Commerce will then disburse the first portion of the grant and, then, there is a completion part that's required for Commerce to release the rest of it and that's, really, the communication misunderstanding that we are trying to clarify. So, nothing is going to get disbursed until we have clarified the miscommunication, when Commerce has been on board to do this before it came to Meridian. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: I guess the question that everyone has is that gap, you know, it's just sort of weird. I think you answered my question, so I appreciate it. Ariel: Madam Mayor, just wanted to thank Mr. Nary for his assistance. I have to admit I was put into this and I'm learning the ground myself, so thank you for the clarification. Meridian City Council Meeting Agenda August 7, 2018 – Page 101 of 572 Meridian City Council July 17, 2018 Page 99 of 104 Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I would be much more comfortable, recognizing that -- I mean it's not until October, but I would be much more comfortable having this conversation once all the paperwork has been delivered and transmitted to the city. This whole thing at times it felt like putting the cart before the horse and I just feel like this further -- well, it makes it that much more challenging to be supportive of it. I think I would be much more supportive of it once we had everything in from the Department of Commerce. If that means it ends up not until October, I'm comfortable with that. I mean it sounds like that we have waited 18 months already, I'm supportive of waiting a few more months until we have everything that we need. Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: Madam Mayor. I think I'm inclined to agree. I would rather see us really make sure that we have got everything that we need and thank you, Bill, I understand that we don't have any liability, but I just still don't feel good about this whole thing. I think there is some other parties involved in the slow process and I think we just need to make sure that we need to -- make sure that we are on the right track here and that everything is done and clear. De Weerd: If Council would feel comfortable, you could approve the budget amendment and not the agreement and you can get more -- the agreement will spell out and we could ask the Department of Commerce to give the details of how they made their findings that disqualified and we have a new employer in our city and, you know, it's welcome to Meridian, we wanted you here, but we are not willing to -- to be a partner for this and -- and, you know, there is -- there is concern in that message, too. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I don't think that's the message at all. I don't know who would be delivering that message. That's certainly not the message that's coming from me. That's certainly not the message that I heard from the City Council this evening. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: So, if we -- if we, hypothetically, move to wait until October, does that affect their fund? If we get -- if we get everything that -- that is needed for us to approve this and Meridian City Council Meeting Agenda August 7, 2018 – Page 102 of 572 Meridian City Council July 17, 2018 Page 100 of 104 we feel good about it, the paperwork is in place and it's legit and we have dotted our I's and crossed our T's, is -- is October -- are they able still to get their funds and -- or are we going to be real close to the time frame that might put the whole deal in jeopardy? Nary: Madam Mayor, Members of the Council, I -- I don't know that anything is in jeopardy. I don't -- don't know that. Our intention -- when Mr. Lavoie asked me should he put this on, our thought was we would have agreements in front of you for approval before the end of September and, then, have it sit and wait till October seemed unnecessary. If that's your desire, that's certainly fine, that's not -- that's not a problem. Our thought was between now and September we would have final agreements and we would just be -- put this -- and Mr. Lavoie is not here, but carrying funds over is problematic for them to deal with, too, so it is just an issue of timing. But, certainly, if -- if you're not comfortable and you want to wait, you certainly can. If you -- if you want us to not work on it anymore, that's fine, too. I mean it doesn't matter to me. Whatever you choose. But if you want us to continue to work on it and just bring it back in October, that's fine, that's your call. I don't know that it harms anything. I don't know how anxious Commerce is. I don't know. I think they would probably like to put it behind them as well, but I don't know. De Weerd: If there is no further discussion, we do have a motion on the table to deny the net zero budget amendment. Mr. Clerk. Roll call: Borton, yea; Milam, absent; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Looking back to the -- the budget amendment that we had for the sewer truck, to bring that back it required that somebody that had -- De Weerd: What? Palmer: The sewer cleaning truck. But could this -- is this dead unless somebody who voted in the majority -- De Weerd: From my understanding it is for this year, because the deadline has transpired -- or this was a week later than Finance set the deadline for, so -- but it can be considered in October. Meridian City Council Meeting Agenda August 7, 2018 – Page 103 of 572 Meridian City Council July 17, 2018 Page 101 of 104 J. Community Development: Budget Amendment for Associate City Planner Not-to-Exceed $95,259 De Weerd: Okay. Item J also under Community Development. I guess that's you, Bill? Parsons: It's me again. Yes. Madam Mayor, Members of the Council. Really nothing to add to -- to this. Just really appreciate Council's and -- your deliberation and your authorization to move this -- this position forward to help our current team situation and help our customer service. So, I don't have anything really to add to it. It's just to have you approve it and so that we can get the job posted and out there -- out there in the internet, so we can hire some more bodies for our team. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: This is urgent and necessary. I move we approve the budget amendment for the associate city planner in not to exceed 95,259. Cavener: Second. Bernt: Second. De Weerd: I have a motion and a couple seconds to approve Item J. Mr. Clerk. Roll call: Borton, yea; Milam, absent; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. K. Flood Damage Prevention Ordinance Change 1. Ordinance No. 18-1786: Amending Meridian City Code Section 10-6-5(A )(2)(a)(4), Regarding Flood Elevation for new construction in Special Flood Hazard Areas; and providing an effective date. De Weerd: Item 8-K is the Flood Damage Prevention Ordinance change. Korn: Madam Mayor, Members of the Council, saving the best for last, of course. So, what we have here is a small technical update to our Flood Damage Prevention Ordinance, which I will do my best to explain at 11:30 at night. We will be coming back with a larger ordinance updates when the new FEMA maps are approved, which should Meridian City Council Meeting Agenda August 7, 2018 – Page 104 of 572 Meridian City Council July 17, 2018 Page 102 of 104 be sometime next spring or summer. So, it could be a year from now. So, we are doing a small update right now and, as I said, I will do my best to explain that. De Weerd: I think small but important; right? Korn: Yes. Some would say so. So, basically, I will explain what -- what the ordinance is trying to do. Provide an adoption to build a structure in the flood plain, the lowest floor of the structure, one foot above the flood elevation, instead of the current two foot above flood elevation requirement. So, that's what it's effectively going to do. To put that in context, what I'm talking about -- I have a little schematic here that I will run through. So, if you see on the screens we have a typical flood plain and a special flood hazard area and you see that line on there is the base flood elevation. So, this is what FEMA has already mapped and so anyone that builds in here has to go through a process with permitting and -- and they will -- if it's not taken up they will require that you get flood plain insurance as well and meet all the requirements of our ordinance, which are two feet. So, typically, a developer will come in, they will fill along the flood plain, it's what you see here, and they could fill up to a point where it surcharges that water, so it all squishes that creek together where that rises one foot, so that's what they are allowed to do. So, they need to build on the -- the flood fringe out here and, then, that's also the definition of the floodway, which is now restricted to build in. So, when they fill in here there is -- if they fill it above the base flood elevation -- they have an option to do what's called a letter of map revision, based on fill, just -- just a term to submit some technical information to FEMA and also the community's acknowledgement that they did everything correctly in filling in that area and, then, they are effectively removed from the special flood hazard area, which is, you know, FEMA's flood plain, which they regulate. Now, they are still under our ordinance, you know, it doesn't remove them, but this ordinance change is proposing that that requirement to build two feet, the same as if they were still in the flood plain, the special flood hazard area part, that they can now just build one foot above. So, that's effectively what this ordinance is trying to do. So, we were approached by members of the development community and also things that we have been internally thinking about having to, you know, regulate this other area that's removed from the flood plain, which is what we want them to do. We have also seen developments and houses built and I get calls from people while they are closing saying it requires to get flood plain insurance and they have built everything to what we told them to, their standards and they are finalized with us, you know, what's the problem. Well, they didn't go through this process with FEMA, so they are still in and that counts against us as well as having to move structures built in the flood plain. If they go through this before they build they get the incentive of having to only raise it one foot instead of two foot, so it's a little less fill or less concrete that they are going to need and also they are removed before we -- before the house is even built they are out of the flood plain. So, we met with, you know, outside engineering consultants, internally at Public Works with our engineering team and came up with this scenario, which is the ordinance change in here. Again, 30 -- it's technical I know and pretty small compared to the rest of the ordinance, but that is what we are proposing and we are I guess recommending that the Flood Damage Prevention Ordinance changes are approved as written. And I will stand for any questions. Meridian City Council Meeting Agenda August 7, 2018 – Page 105 of 572 Meridian City Council July 17, 2018 Page 103 of 104 De Weerd: Council, any questions? Korn: All right. It was that exciting, huh? De Weerd: It was really exciting, but it looks like there is a couple of people who have waited until almost tomorrow to provide any kind of comment. Conger: Madam Mayor, Members of the Council, I will be super fast. So, we had worked with city as well on -- on this item, so we definitely appreciate staff's time and effort and the -- as he said, outside flood plain engineer that they also brought to the table. The biggest issue with this is -- is Meridian had in their ordinance -- you know, we will go through the LOMR process, you know, the FEMA portion, which takes the mortgage, the flood -- or, you know, the mortgage required for the flood insurance out of the equation. This has nothing to do with it. That has to occur anyhow. It's a billion dollar industry and a lot of other agents that -- you know, jurisdictions are building as long as they are out of the FEMA map. We would -- you will, as the city, still be one foot above the federal elevation. What we were finding is when you're on the fringes of areas -- we ended up with this old ordinance of two foot up, we are right -- because when you're on the fringe you could be a half inch into the other -- you know, higher than the lot next to it, but that would put you having to have a house two foot taller than the house next to it. So, the ordinance is great when you're around a river or other items like that, so you actually -- if you read through this entire ordinance you still have two provisions that will protect you back to your old two foot if you're around a body of water that's greater than 1,500 cfs or if you have groundwater to a certain elevation you will kick back to your original ordinance of two foot. So, this one foot is really in areas that almost are -- are almost out of floodplain and out of LOMR. So, we appreciate everybody's work to get this to a -- a more tolerable living environment. It's still a hundred percent protected and clearly out of FEMA's jurisdiction and no flood insurances of course. Thank you. De Weerd: Thank you. Miles: Madam Mayor? De Weerd: Yes. Miles: Maybe just a quick point of clarification. The best way to think about this is really a Part A and Part B. There is mention of the two foot requirements, which is currently still in our ordinance. That will affect homes that are built on a regular conventional basis. This one foot kind of Option B -- what we are proposing is to allow that only for projects which take that extra regulatory step to go through this higher FEMA process of the letter of map revision based on fill. So, we still have the two foot provision. What we reviewed through the -- the process was to look at the -- the technical component of if a developer -- if a community is going to look at building scientifically through the FEMA efforts and go through that one extra step of processing, we felt like it's a Meridian City Council Meeting Agenda August 7, 2018 – Page 106 of 572 Meridian City Council July 17, 2018 Page 104 of 104 reasonable solution to say FEMA allows and requires a one foot surcharge, so as long as you go that one foot surcharge and go through the engineering analysis -- in that instance we will allow the one foot provision. So, just wanted to make that clarification. De Weerd: It gives it more flexibility. Miles: That is correct. De Weerd: Okay. Council, any questions? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: If there isn't any other -- doesn't have any other questions, I'm happy to make a motion. De Weerd: We would be happy to entertain it. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I just to inject just to knock you off your game. I was going to ask if the ordinance needs to be -- De Weerd: Read. Borton: -- prepared and read by title and all that. De Weerd: Uh-huh. Mr. Cavener. Cavener: Don't look at me. I'm not -- Nary: It is ready for approval, Madam Mayor, Members of the Council, so, yeah, you would read the title and see -- you read it like your normal ordinance. De Weerd: There you go, Mr. Clerk. Coles: Thank you, Madam Mayor. City of Meridian Ordinance No. 18-1786, an ordinance amending Meridian City Code Section 10-6-5(A)(2)(a)(4) regarding flood elevation for new construction in special flood hazard zones -- hazard areas and providing an effective date. De Weerd: Mr. Cavener. Meridian City Council Meeting Agenda August 7, 2018 – Page 107 of 572 Meridian City Council July 17, 2018 Page 105 of 104 Cavener: Thank you, Madam Mayor. I move we approve Ordinance No. 18-1786. Palmer: Second. De Weerd: I have a motion and a second to approve Item 8-K. If there is no discussion, Mr. Clerk. Roll call: Borton, yea; Milam, absent; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: So, the ayes and yeah has it. Thank you. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 9: Future Meeting Topics De Weerd: Okay. Council, any items under -- any items under nine? Just a reminder we have the town hall on the comp plan on the 25th at 6:30 at the Boys & Girls' Club. Mainstreet Market every Saturday at 9:00 a.m. here in City Hall Plaza. And we have a mini Basque festival on the 21st at -- at the Meridian library from 10:30 to 12:30, so invite you all to attend. Item 10: Executive Session per Idaho State Code 74-206(1)(j): To consider labor contract matters authorized under section 74-206A (1)(a) and (b), Idaho Code De Weerd: Item 10 is Executive Session. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I humbly move to go into Executive Session pursuant to Idaho State Code 74- 206(1)(a), (b) and (j). Cavener: Second. De Weerd: I have a motion and a second. Mr. Clerk. Roll call: Borton, yea; Milam, absent; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. MOTION CARRIED: FIVE AYES. ONE ABSENT. (EXECUTIVE SESSION: 11:44 p.m. to 12:09 a.m.) Meridian City Council Meeting Agenda August 7, 2018 – Page 108 of 572 Meridian City Council July 17, 2018 Page 106 of 104 De Weerd: Okay. I would entertain a motion to come out of Executive Session. Borton: So moved. Little Roberts: Second. Cavener: Second. De Weerd: All those in favor say aye. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. De Weerd: Do I have a motion to adjourn? Borton: So moved. Cavener: Second. De Weerd: All those in favor? MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 12:09 A.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYORTAM DE WEERD DATE APPROVED i ATTEST: �Q,,Rp,TED AUGGS C. JAY LES, CI CLERK 2�0 lily or w �VtE IDIAN,�_ -4 IDAHO tc, SEAL S/ City Council Meeting Date: July 17, 2018 Agenda Item Number: Project/File Number: Item Title: Future Meeting Topics — Public Forum (Up to 30 Minutes Maximum) Meeting Notes Hearing Date: 7/17/2018 Hearing Type: Public Forum Signature Name Discussion Topic Sign In Date/Time Ryan L Compost facility. I am against the location 7/17/2018 14:47 Susan denniston Composting facility comments 7/17/2018 17:51 Bruce McElwain Discuss opposition to composting center location 7/17/2018 17:53 Rhonda mason Compost 7/17/2018 17:57 Quinet Boone Timber Creek Recycling 7/17/2018 17:58 Rodney Boone Timber creek 7/17/2018 17:59 Craig and Nicole Brown Timber Creek expansion 7/17/2018 18:00 Guy LeVan Disposal facility 7/17/2018 18:01 Loyal gibbons Timbercreek recycling 7/17/2018 18:01 Ben &amp; Patty Hambelton Compost propasl 7/17/2018 18:02 Barry ingram Costco 7/17/2018 18:03 Lynn ingram Costco 7/17/2018 18:03 Jenica hagler Timber creek r cycling 7/17/2018 18:04 Rod Nettinga Timber Creek Recycle 7/17/2018 18:04 Robin connor Timbercreek 7/17/2018 18:05 Andrea Harris Locust Grove / Columbia Project 7/17/2018 18:06 Buddy morrison Composting 7/17/2018 18:13 Jane Albert 8G if heard.7/17/2018 18:14 City Council Meeting Meeting Date: July 179 2918 Agenda Item Number: Project/File Number: Item Title: Approve Minutes of June 14, 2018 City Council Budget Workshop Meeting Meetina Notes u APPROVED Meridian City Council Budget Workshop June 14, 2018 Page 85 of 84 De Weerd: Mrs. Milam. Milam: Thank you all for making this process so much better and improving it every year and getting our feedback. I really appreciate that. Todd, can you send the slideshow from yesterday, the first one with the presentation with all the numbers in it? Lavoie: Yes. De Weerd: Okay. Anything else from Council? Fields: Madam Mayor, I just want to remind everyone to ask questions. There is a lot of information over the past two days, so, please, ask questions, request clarification and communicate with city staff and I will also be reaching out here, touch base with everyone the next couple of weeks with all questions and if you guys have any additional questions and thank you, thank you, thank you, everyone. It's been -- a lot of work has been put into it by everyone, so thank you. De Weerd: Okay. Thank you. Council, if there is nothing further I would entertain a motion to adjourn. Milam: So moved. Little Roberts: Second. De Weerd: All those in favor say aye. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 1:16 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR Y DE WEERD/DATE APPROVED /7 17/ ATTEST: O AUGUST C. JAY COL S, CITY/tILERK o +� U C �� 1P City Council Meeting Meeting Date: July 179 2018 Agenda Item Number: 6B Project/File Number: Item Title: Castlebridge Subdivision Emergency Access Easement Meetina Notes ADA COUNTY RECORDER Christopher D. Rich 2018-067161 BOISE IDAHO Pgs=6 CHE FOWLER 07/19/2018 09:33 AM CITY OF MERIDIAN, IDAHO NO FEE (Space Above For Recorder's Use) ACCESS EASEMENT This Access Easement is made effective this rday of 2018, by and between Dave Evans Construction, LLC ("Grantor"), and Jack L. Hammond ("Grantee"). The Grantor and Grantee may be collectively referred to as the parties. RECITALS: WHEREAS, Grantor is the owner of that certain property legally described as Lot 16, Block 1 of the Accommodations Subdivision in the City of Meridian ("Grantor's Property"); WHEREAS, Grantee is the owner of that certain property in Meridian Idaho as legally described in ExhibitA, which exhibit is attached hereto and incorporated herein ("Grantee's Property"); WHEREAS, Grantor desires to grant and Grantee desires to receive an easement for ingress and egress across the Grantor's property as Legally Described in Exhibit B and depicted on Exhibit C under the terms and conditions outlined hereafter. AGREEMENT: NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Grant. Grantor hereby grants a non-exclusive perpetual access easement over, on, across, and through the Grantor's Property for ingress and egress in the location described on Exhibit B and depicted on Exhibit C ("Easement"), 2. Purpose of Easement. The Easement shall be used for emergency access and pedestrian travel. 3. Binding on Successors. This Easement shall be recorded in the official records of Ada County, Idaho, and shall be binding on the heirs, successors, administrators, executors and assigns of all parties hereto and shall run with the land. 4. Easement Obstructions. No fence or other barrier shall be erected or permitted within or across the Easement which would prevent or obstruct the passage of pedestrian or emergency vehicular travel. ACCESS EASEMENT -1 5. Dedications. Grantor excepts and reserves unto itself, its successors and assigns, the right to dedicate the Easement as a public street or drive at any time at its sole election. Upon any such dedication all private rights of Grantee therein shall automatically terminate and expire. No dedication shall, however, be made of the Easement unless such Easement is accepted by the public entity for maintenance as a public street or drive, and the dedication does not preclude or prevent the continued use by Grantee of the entrance to and exit fiom the Easement then being used incident to the Grantee's Property. IN WITNESS WHEREOF, the undersigned have caused this Easement to be executed the day and year first written above. GRANTOR: Dave Evans Construction LLC STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on (date) by Bch (name of individual), on behalf of Dave Evans Construction LLC, in the following representative capacity: o wr td1-" (type of authority $uoh,e1,gfPcer or trustee). e..•``ti N W!R"'. ,TPR Y -•t GRANTEE: Jack L. Hammond STATE OF IDAHO, ) . ss. County of Ada ) CayLamr., J�N�) Notary Sign •e My Commission Expires: rnetM1 This record was acknowledged before me on Jd2 $� (date) by Jack L. Hammond. �OTAR Y .r. 40 pUef ssG ACCESS EASE14%if R20iF ,� JL", No ary Signature My Commission Expires: GRANTEE: CITY OF MERIDIAN Tammy de We ,Mayor by C. Clerk Approved By City Council On: STATE OF IDAHO, ) : ss County of Ada ) /oo � p �• (••1 of W -C iY E IDIAN ZO \� SEAL On this ) 91 �0 day of� � A 6 I , 20 t_, before me, the undersigned, a Notary Public in and for said ate, 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. seem..••• � E_ W•• (e 4 N •. �v, on O� 9, • ' , o. ••'• ` ATE 0,V1660, e�. •'••ee.e.• ACCESS EASEMENT - 3 �'60 Jkfl � aq, NOTARY PUB`�FOR IDAHO Residing at: Q (�(,�,{�,lil.(� T� Commission Expires: 3- EXHIBIT A Grantee's Property Legal Description A portion of Lot 7 of the Amended Plat of Lots 3, 4, 5, 6 and 7 of Golden Eagle Estates, as recorded in Book 37, at Page 3127, records of Ada County, Idaho, located within the N 1/2 of the NW 1/4 of Section 28, T. 3 N., R. 1 E., B.M., City of Meridian, Ada County, being a variable width easement for a water line within the proposed Plat of Castlebridge Subdivision more particularly described as follows: Commencing at the brass cap stamped "PLS 5082" marking the NW Corner of said Section 28; thence along the West boundary line of the said N 1/2 of the NW 1/4 of Section 28, S. 00° 32'50" W., a distance of 1320,97 feet to the found 5/8 inch diameter Iron pin with an illegible plastic cap marking the North 1/16 Corner of said Section 28; Thence along the South boundary line of the said Amended Plat of Golden Eagle Estates, S. 89° 25' 08" E., a distance of 956.54 feet to a found 5/8 inch diameter Iron pin with plastic cap stamped "PLS 11334" marking the SW corner of said Lot 7; Thence along the West boundary line of said Lot 7, N, 01° 13' 04" E., a distance of 300.82 feet to the POINT OF BEGINNING; Thence continuing along the West boundary line of said Lot 7, N. 010 13'04" E., a distance of 28,82 feet; Thence leaving the West boundary line of said Lot 7, S. 48° 32' 31" E., a distance of 239.34 feet; Thence S. 69° 01'24" E., a distance of 14.00 feet; Thence S. 890 30' 16" E., a distance of 77.49 feet to the beginning of a non -tangent curve left; Thence 49,19 feet along the arc of sald curve left, having a radius of 71.14 feet, a delta angle of 39° 56' 57" and a long chord which bears S. 48° 42' 42" W., a distance of 48.21 feet; Thence non -tangent to said curve, N. 44° 30' 16" W., a distance of 7,95 feet; Thence N. 89° 30' 16" W., a distance of 76.95 feet; Thence N. 00° 29'45" E., a distance of 26.50 feet; Thence N. 48° 3211" W., a distance of 202.85 feet to the POINT OF BEGINNING. The above described parcel of land contains 0.17 acres or 7,610 square feet, more or less. ACCESS EASEMENT -4 EXHIBIT B Access Easement Legal Description A parcel of land being a portion of Lot 16 of Accommodations Subdivision, as recorded in Book 109 at Page 15,458, records of Ada County, Idaho, lying within the N 112 NW 114 of Section 28, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows; Commencing at a found 5/8 inch diameter iron pin stamped "PLS 11334" marking the SE corner of said Accommodations Subdivision, said pin bears S. 01" 13'04" W., a distance of 308.45 feet from a found 518 Inch diameter iron pin stamped "PLS 11334" marking the east boundary line of said Accommodations Subdivision and the SE Right -of -Way of Falcon Drive; thence coincident with the East boundary line of Lots 11,12 and a portion of Lot16 of Accommodations Subdivision, N, 01013'04" E., a distance of 272.00 feet to the POINT OF BEGINNING; Thence departing said East boundary line of Lot 16, N. 480 32' 31" W., a distance of 28,43 feet to the said SE Right of Way line of Falcon Drive and the beginning of a non -tangent curve to the left; Thence 26.63 feet coincident with the are of said curve left and said Right -of -Way line, having a radius of 52.00 feet, a delta of 29° 20'43," and a long chord which bears N. 560 40'48" E., a distance of 26.34 feet to the said East boundary line of Lot 16; Thence non -tangent to said curve and coincident with said East boundary line of Lot 16, S. 010 13' 04" W., a distance of 33.30 feet to the POINT OF BEGINNING. Comprising 331 square feet, more or less. ACCESS EASEMENT - 5 EXHIBIT C Easement Depiction A PORTION LOT 16 OF ACCOMMODATIONS SUBDIVISION, AS RECORDED IN BOOI< 109, AT PAGE 15,458, RECORDS OF ADA COUNTY, IDAHO, LOCATED IN THE N1/2 OF THE NW1/4 OF SECTION 28, T. 3 N., R. 1 E., B.M., CITY OF MERIDIAN, ADA COUNTY, IDAHO 2018 E, FgLcON \ I AS l' I \ p PLS 1 334 \ S01013'04"W 3.15' \ C; S01°13'04"W 4.48' i 20,145 SQ, FT to N \ O \ IV 12 I \ cow 10 \ m10\�-- ��� o I ®\\ 1,0 — in cn S a W � I oW \\ \ a \ o- OlM 1 oto 11 ¢m (f`�1 PLS 11334 \ SE COR ACCOMMODATIONS SUB Cl LENGTH=26.63' RADIUS=52.00' DELTA=29"20'43" CHORD DIR=N56°40'48"E CHORD DIST=26.34 ACCESS EASEMENT - 6 City Council Meeting Meeting Date: July 17, 2018 Agenda Item Number: 6C Project/File Number: Item Title: Hill's Century Farm No. 1 Sewer and Water Main Easement Meetina Notes u✓ APPROVED ADA COUNTY RECORDER Christopher D. Rich 2018-066905 BOISE IDAHO Pgs=8 BONNIE OBERBILLIG 07/18/2018 01:21 PM CITY OF MERIDIAN, IDAHO NO FEE Project Name (Subdivision) Century Farm Commercial Subdivision No. I Sanitary Sewer & Water Main Easement Number: SANITARY SEWER AND WATER MAIN EASEMENT 4n 61,Aq THIS Easement Agreement, made this I day of June, 2018. between Century Farm Development LLC and Century Farm MOB LLC, Idaho limited liability companies (collectively "Grantor"), and the City of Meridian, an Idaho Municipal Corporation ("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer and water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains 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 sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's 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 GRANTOR covenants and agrees that Grantor 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. Sanitary Sewer and Water Main Easement REV. 03/26/2018 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 1 7 , 2 0 1 8 – P a g e 1 0 0 o f 3 6 7 GRANTEE: CITY OF MERIDIAN �eo AUGUST owe 2 City Of Tammy de rd, Mayor `E IDI�"N W s� SEAL A st by C. Coles, Clerk C��TFR of the IREP�J� STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on `%./r7 - /'g (date) by Tammy de Weerd and C.Jay Coles on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. TA�� �,1'LIBL1G o ��•.`�TE OF08,0680 �p;�'• •. Sanitary Sewer and Water Main Easement Rtry--) CC)vy mere i4 Aho) lytt L�Laj� — Notary Signature `/ r T � My Commission Expires: 3 'a'$ -,;tO DD - REV. 03/26/2018 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 1 7 , 2 0 1 8 – P a g e 1 0 2 o f 3 6 7 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 1 7 , 2 0 1 8 – P a g e 1 0 3 o f 3 6 7 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 1 7 , 2 0 1 8 – P a g e 1 0 4 o f 3 6 7 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 1 7 , 2 0 1 8 – P a g e 1 0 5 o f 3 6 7 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 1 7 , 2 0 1 8 – P a g e 1 0 6 o f 3 6 7 City Council Meeting Meeting Date: July 17, 2018 Agenda Item Number: 6D Project/File Number: Item Title: Tree Farm Subdivision Sanitary Sewer Easement Meetina Notes rte✓ APPROIED Project Narne (Subdivision): Tree Farm Subdivision #3 Sanitary Seiver Easement Number: #2 Identify this Casement by sequential number if Project contains more than one sanitary sewer easement. (,See Instructions for additional information), ADA COUNTY RECORDER Christopher D. Rich 2018-066907 BOISE IDAHO Pgs=7 BONNIE OBERBILLIG 07/18/2018 01:22 PM CITY OF MERIDIAN, IDAHO NO FEE ,IV) THIS Easement Agreement, made this �Tv1 day of JLktq , 20 1 S — between Fairmont Tempe, LLC ("Grantor"), and the City of Meridian, an Idaho Municipal diporation ("Grantee"); WHEREAS, the Grantor 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 through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee,: NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer 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 sanitary sewer their altied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's 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 GRANTOR covenants and agrees that Grantor will not place or allow to be placed ally 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, Sanitary Sewer Easement REV. 03/26/18 Meridian City Council Meeting Agenda July 17, 2018 — Page 108 of 367 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 1 7 , 2 0 1 8 – P a g e 1 0 9 o f 3 6 7 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 1 7 , 2 0 1 8 – P a g e 1 1 0 o f 3 6 7 GRANTEE: CITY OF MERIDIAN Tam4byC. erd, Mayor At Coles, City Clerk STATE OF IDAHO, ) . ss. County of Ada ) Z) 0 AUGvsT' oW 2 oily of IDIAN'�- W \s� SEAL the This record was acknowledged before me on (date) by Tammy de Weerd and C.7ay Coles on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. •99999. �6tE '••. 4�;0,� ARS ;9�,•. 1'UBti�G,A.�0; •, ATE 0F"'o* 4,489...... Sanitary Sewer Easement Tv-ee V-orrn Sub Notary Signature �VYI My Commission Expires: c3 ' a -t " 3-0 a a REV. 03/26/18 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 1 7 , 2 0 1 8 – P a g e 1 1 2 o f 3 6 7 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 1 7 , 2 0 1 8 – P a g e 1 1 3 o f 3 6 7 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 1 7 , 2 0 1 8 – P a g e 1 1 4 o f 3 6 7 City Council Meeting Meeting ®ate: July 17, 2018 Agenda Item Number: 6E Project/File Number: Item Title: Tree Farm Subdivision No. 3 Sanitary Sewer Easement Meeting Notes 9 APPROIED ADA COUNTY RECORDER Christopher D. Rich 2018-066908 BOISE IDAHO Pgs=7 BONNIE OBERBILLIG 07/18/2018 01:22 PM CITY OF MERIDIAN, IDAHO NO FEE Proiect Name (Subdivision): Tree Farm Subdivision #3 Sanitary Sewer Easement Number: Identify this Easement by sequential number if Project contains more than one sanitary sewer easement. (See Instructions for additional information). THIS Easement Agreement, made this M day of LL.� , 201 U between Fairmont Tempe, LLC ("Grantor"), and the City of Meridian, an Idaho Municipal Corporation ("Grantee"); WHEREAS, the Grantor 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 through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer 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 sanitary sewer their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's 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 GRANTOR covenants and agrees that Grantor 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. Sanitary Sewer Easement REV. 03/26/18 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 1 7 , 2 0 1 8 – P a g e 1 1 7 o f 3 6 7 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 1 7 , 2 0 1 8 – P a g e 1 1 8 o f 3 6 7 GRANTEE: CITY OF MERIDIAN Tammy%C.Jaoles, Mayor Att st by City Clerk STATE OF IDAHO, ) . ss. County of Ada ) QO�PED AUGUST � w a 01". 0r IDAHO \gym SEAL This record was acknowledged before me on-? ! - / 8 (date) by Tammy de Weerd and C.Jay Coles on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Sanitary Sewer Easement �Pd'&rlj Notary Signature My Commission Expires: � - M - �-aa a REV, 03/26/18 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 1 7 , 2 0 1 8 – P a g e 1 2 0 o f 3 6 7 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 1 7 , 2 0 1 8 – P a g e 1 2 1 o f 3 6 7 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 1 7 , 2 0 1 8 – P a g e 1 2 2 o f 3 6 7 City Council Meeting Meeting ®ate: July 17, 2018 Agenda Item Number: 6F Project/File Number: Item Title: Whiteacre Subdivision No. 5 Sewer Easement #1 Meeting Notes rte✓ APPROVED Proiect Name (Subdivision): WHITEACRE SUBDIVISION NO 5 Sanitary Sewer Easement Number: I Identity this Easernent by sequential number if Project contains more than one sanitary server easement. ( See Instructions for additional information). t ADA COUNTY RECORDER Christopher D. Rich 2018-066910 BOISE IDAHO Pgs=7 HEATHER LUTHER 07/18/2018 01:23 PM CITY OF MERIDIAN, IDAHO NO FEE THIS Easement Agreement, made this F1*1 day of JULY 1 2018 between Whiteacre Development Corp. ("Grantor"), and the City of Meridian, an Idaho Municipal Corporation ("Grantee"); WHEREAS, the Grantor 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 through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer 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 sanitary sewer their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's 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 GRANTOR covenants and agrees that Grantor 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. Sanitary Sewer Easement REV. 03/26/18 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 1 7 , 2 0 1 8 – P a g e 1 2 5 o f 3 6 7 GRANTEE: CITY OF MERIDIAN �QOVL ED AUGVST� 2 'v ('il} of w Tammy de rd, Mayor E IDIAN�- IDAHO SEAL A est by C.Jakgoles, City Clerk FRoftheTREPSJ��� STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 'Il'L (date) by Tammy de Weerd and C.Jay Coles on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. �*sees*& ••'�t�iy••. . y • ;OST O' •'4423...... Sanitary Sewer Easement b-3 L4i 0,�h a,&Yq � � 0& Notary Signature - t My Commission Expires: REV. 03/26/18 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 1 7 , 2 0 1 8 – P a g e 1 2 7 o f 3 6 7 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 1 7 , 2 0 1 8 – P a g e 1 2 8 o f 3 6 7 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 1 7 , 2 0 1 8 – P a g e 1 2 9 o f 3 6 7 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 1 7 , 2 0 1 8 – P a g e 1 3 0 o f 3 6 7 City Council Meeting Meeting ®ate: July 17, 2018 Agenda Item Number: 6G Project/File Number: Item Title: Whiteacre Subdivision No. 5 Sewer Easement #2 Meeting Notes 9 APPROVED ADA COUNTY RECORDER Christopher D. Rich 2018-066909 BOISE IDAHO Pgs=7 BONNIE OBERBILLIG 07/18/2018 01:22 PM CITY OF MERIDIAN, IDAHO NO FEE Proicet Name (Subdivision): WHITEACRE SUBDIVISION NO 5 Sanitail Selver- Easement Numbei-: 2 Identify this Easement by sequential number if Project contains more than one sanitary sewer easement. (See Instructions for additional information), -� day of JULY 208 between THIS Easement Agreement, made this It I I 1Whiteacre Development Corp. — — ("Grantor"), and the City of Meridian, an Idaho Municipal Corporation ("Grantee"); WHEREAS, the Grantor 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 through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer 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 sanitary sewer their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's 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 GRANTOR covenants and agrees that Grantor 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. Sanitary Sewer Easement REV. 03/26/18 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 1 7 , 2 0 1 8 – P a g e 1 3 3 o f 3 6 7 GRANTEE: CITY OF MERIDIAN STATE OF IDAHO, ) . ss. County of Ada ) �QO�p,T E0 A UG�S l O 2G � m �► 01y of w IDIAN�- � IDAHO \� SEAL This record was acknowledged before me on �'�p (date) by Tammy de Weerd and C.Jay Coles on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. •egos@&•••• :v'O • • • O;O• yr, ON •'••memo..•• Sanitary Sewer Easement L6�Ai �e �-c J K) 0_ S Notary Signature My Commission Expires: c3 REV. 03/26/18 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 1 7 , 2 0 1 8 – P a g e 1 3 5 o f 3 6 7 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 1 7 , 2 0 1 8 – P a g e 1 3 6 o f 3 6 7 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 1 7 , 2 0 1 8 – P a g e 1 3 7 o f 3 6 7 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 1 7 , 2 0 1 8 – P a g e 1 3 8 o f 3 6 7 City Council Meeting Meeting ®ate: July 179 2018 Agenda Item Number: 6H Project/File Number: H-2018-0045 Item Title: Caven Ridge Estates West No. 1 Final Plat for Caven Ridge Estates West No. 1 (H-2018-0045) by New Cavanaugh, LLC, Located South of E. Victory Rd. and West of S. Standing Timber Way Meetina Notes Caven Ridge Estates West Subdivision No. 1 – FP H-2018-0045 PAGE 1 STAFF REPORT MEETING DATE: July 17, 2018 (Continued from: June 26, 2018) TO: Mayor & City Council FROM: Sonya Allen, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Caven Ridge Estates West Subdivision No. 1 - FP (H-2018-0045) I. APPLICATION SUMMARY The applicant, New Cavanaugh, LLC, has applied for final plat (FP) approval of 35 single-family residential building lots and 4 common area lot on 7.74 acres of land in an R-8 (medium density residential) zoning district. II. STAFF RECOMMENDATION Staff recommends approval of the Caven Ridge Estates West Subdivision No. 1 final plat based on the analysis provided below in Section V. III. PROPOSED MOTION Approval I move to approve File Number H-2018-0045 as presented in the staff report for the hearing date of June 26, 2018, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number H-2018-0045, as presented during the hearing on June 26, 2018, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2018-0045 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The subject property is generally located south of E. Victory Road, on the west side of S. Standing Timber Way, in the NW ¼ of Section 30, T. 3N., R. 1E. B. Applicant: New Cavanaugh, LLC 3327 N. Eagle Rd., Ste. 110-148 Meridian, ID 83642 C. Owner: Same as applicant Meridian City Council Meeting Agenda July 17, 2018 – Page 140 of 367 Caven Ridge Estates West Subdivision No. 1 – FP H-2018-0045 PAGE 2 D. Representative: Wendy Shrief, JUB Engineers, Inc. 250 S. Beechwood Ave., Ste. 201 Boise, ID 83709 V. STAFF ANALYSIS The proposed final plat depicts 35 building lots and 4 common lots on 7.74 acres of land in the R-8 zoning district. Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat in accord with the requirements listed in UDC 11-6B-3C.2. There are 2 fewer building lots and additional common open space on the proposed final plat than was approved with the preliminary plat. Because the number of buildable lots is fewer and the amount of common open space has increased, Staff finds the final plat to be in substantial compliance with the approved preliminary plat as set forth in UDC 11-6B-3C.2. VI. SITE SPECIFIC CONDITIONS 1. Applicant shall meet all terms of the approved annexation (AZ-06-015), preliminary plat and development agreement (Instrument No. 2017-074871) (H-2017-0156). 2. The applicant shall obtain the City Engineer’s signature on the final plat within two (2) years of City Council approval of the preliminary plat (by 3/6/2020); or, apply for a time extension in accord with UDC 11-6B-7. 3. Prior to submittal for the City Engineer’s signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by JUB Engineers, Inc., stamped on 4/17/18 by Michael S. Byrns, included in Exhibit C shall be revised as follows: a. Easement Note #1: delete note – there isn’t a Lot 18, Block 2 in the proposed plat b. Easement Note #3: Include recorded instrument number. c. Relocate the common lot with the pathway depicted between Lots 3 and 5, Block 1 to align with the pathway depicted on the south side of E. Sicily Dr. within Lot 6, Block 3 (either between Lots 7 and 8 or Lots 8 and 9, Block 1). 5. The landscape plan prepared by Stack Rock Group, dated 6/27/18, included in Exhibit D shall be revised as follows: a. Depict a 5-foot wide landscape strip within Lot 4, Block 1 between the pathway and the Ridenbaugh Canal in accord with the standards listed in UDC 11-3B-12C, unless otherwise approved through Alternative Compliance. b. Fencing located at the rear of building lots in Block 1 adjacent to the multi-use pathway along the Ridenbaugh Canal shall comply with the standards listed in UDC 11-3A-7A.7b. Six-foot tall closed vision material is not allowed. c. Fencing located along the south side of the Ridenbaugh Canal shall comply with the standards listed in UDC 11-3A-6C; the “X” symbol depicted on the plan is not included in the legend – revise accordingly. Fencing shall be open vision at least 6 feet in height and having an 11-gauge, 2 inch (2”) mesh or other construction, equivalent in ability to deter access to the canal and shall be securely fastened at its base. Meridian City Council Meeting Agenda July 17, 2018 – Page 141 of 367 Caven Ridge Estates West Subdivision No. 1 – FP H-2018-0045 PAGE 3 d. Relocate the common lot with the pathway depicted between Lots 3 and 5, Block 1 to align with the pathway depicted on the south side of E. Sicily Dr. within Lot 6, Block 3(either between Lots 7 and 8 or Lots 8 and 9, Block 1). 6. All fencing installed on the site must comply with the standards listed in UDC 11-3A-6 and 11- 3A-7. If permanent perimeter fencing is not provided along the boundaries of the site, temporary fencing to contain debris during construction shall be installed prior to release of building permits. 7. Submit a public pedestrian pathway easement to the Planning Division for the multi -use pathway proposed along the Ridenbaugh Canal prior to signature on the final plat by the City Engineer for approval by City Council and subsequent recordation; coordinate the details of the easement with Kim Warren, Pathways Project Manager, Park’s Department (208-888-3579) 8. This development is subject to pay $1,465.56 per acre, to proportionally offset costs incurred by the City of Meridian for the Victory Road Gap Sewer Project. Said payment must be received prior to obtaining the City Engineer’s signature on each final plat. 9. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary pla t does not relieve the Applicant of responsibility for compliance. 10. Add streetlights to a stand-alone drawing pursuant to section 6-7 of the Meridian Design Standards. Plan requirements can be found in section 6-5 of the Improvement Standards for Street Lighting at http://www.meridiancity.org/public_works.aspx?id=272 11. The proposed water system is adequate for this development. 8-inch water main stubs for future phases should have 2-inch blowoffs, not plugs as shown on plans. 12. Due to the elevation differentials in this development, the applicant shall be required to submit an engineered master grading and drainage plan for approval by the Community Development Department. This plan shall establish, at a minimum; the finish floor elevation of each building lot, the finish grade elevations of the rear lot corners, the drainage patterns away from each building pad, the drainage patterns of the overall blocks, and any special swales or subsurface drainage features necessary to control and maintain storm water drainage. Applicant's engineer shall consult the 2012 International Residential Code when establishing the finish floor elevations and drainage patterns away from the building pads. 13. With the application for a building permit, each home builder must submit lot grading and finished floor elevation consistent with the approved master grading and drainage plan for the subdivision. If deviations from the approved master grading and drainage plan are proposed, they must be submitted and approved by the Community Development Department prior to the issuance of a building permit. Any such revision proposal shall be accompanied by a written authorization from the Developer to allow a revision to the master lot grading plan VII. GENERAL REQUIREMENTS 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, Meridian City Council Meeting Agenda July 17, 2018 – Page 142 of 367 Caven Ridge Estates West Subdivision No. 1 – FP H-2018-0045 PAGE 4 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 staf f, 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 cred it, 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 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 Meridian City Council Meeting Agenda July 17, 2018 – Page 143 of 367 Caven Ridge Estates West Subdivision No. 1 – FP H-2018-0045 PAGE 5 accordance with the approved design plans. This certification will be required befor e 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 dedicat ed 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. 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. V. EXHIIBITS A. Vicinity Map B. Approved Preliminary Plat (dated: 2/5/18) Meridian City Council Meeting Agenda July 17, 2018 – Page 144 of 367 Caven Ridge Estates West Subdivision No. 1 – FP H-2018-0045 PAGE 6 C. Proposed Final Plat (dated: 4/17/18) D. Proposed Landscape Plan (dated: 6/27/18) Meridian City Council Meeting Agenda July 17, 2018 – Page 145 of 367 Caven Ridge Estates West Subdivision No. 1 – FP H-2018-0045 PAGE 7 Exhibit A – Vicinity/Zoning Map Meridian City Council Meeting Agenda July 17, 2018 – Page 146 of 367 Caven Ridge Estates West Subdivision No. 1 – FP H-2018-0045 PAGE 8 Exhibit B – Approved Preliminary Plat (dated: 2/5/18) Meridian City Council Meeting Agenda July 17, 2018 – Page 147 of 367 Caven Ridge Estates West Subdivision No. 1 – FP H-2018-0045 PAGE 9 Exhibit C – Proposed Final Plat (dated: 4/17/18) Meridian City Council Meeting Agenda July 17, 2018 – Page 148 of 367 Caven Ridge Estates West Subdivision No. 1 – FP H-2018-0045 PAGE 10 Meridian City Council Meeting Agenda July 17, 2018 – Page 149 of 367 Caven Ridge Estates West Subdivision No. 1 – FP H-2018-0045 PAGE 11 Meridian City Council Meeting Agenda July 17, 2018 – Page 150 of 367 Caven Ridge Estates West Subdivision No. 1 – FP H-2018-0045 PAGE 12 Exhibit D –Proposed Landscape Plan (dated: 6/27/18) Meridian City Council Meeting Agenda July 17, 2018 – Page 151 of 367 Site Specific Condition 5. (e) The irrigation easement proposed along the rear lot lines of Lots 5-11, Block 1 shall either be located in a common lot, or the applicant can ask for Council waiver if desired. 11-3A-6D. Easements: In residential districts, irrigation easements wider than ten feet (10') shall be included in a common lot that is a minimum of twenty feet (20') wide and outside of a fenced area, unless modified by city council at a public hearing with notice to surrounding property owners. Response – 1.The easement is located at the rear of larger lots that will not be adversely affected by the easement. 2.The easement is located on a 2:1 slope and it is not likely that the homeowners would utilize this space anyway. 3.Due to the slope of these lots a common lot would not provide any benefit to the other neighbors in the subdivision and would become a maintenance issue for the HOA. 4.It is not uncommon for pressure irrigation pipe to be constructed along the rear lot line. TYPICAL SECTIONS City Council Meeting Meeting Date: July 17, 2018 Agenda Item Number: 61 Project/File Number: H-2018-0064 Item Title: Wells Subdivision Final Plat for Wells Subdivision (H-2018-0064) by Schultz Development Located on the North Side of E. Amity Rd. Near the NE Corner of S. Locust Grove Rd. and E. Amity Rd. Meetinq Notes u✓ APPROVED Wells Subdivision – FP H-2018-0064 1 STAFF REPORT MEETING DATE: July 17, 2018 TO: Mayor and City Council FROM: Josh Beach, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Wells Subdivision – FP (H-2018-0064) I. APPLICATION SUMMARY The applicant, Schultz Development, LLC, has applied for a final plat (FP) consisting of 38 building lots and 9 common lots on 14.07 acres of land in the R-4 zoning district for Wells Subdivision. II. STAFF RECOMMENDATION Staff recommends approval of the Wells Subdivision final plat subject to the conditions noted in Sections VI and VII below. These conditions shall be considered in full, unless expressly modified or deleted by motion of the City Council. III. PROPOSED MOTION Approval I move to approve File Number H-2018-0064 as presented in the staff report for the hearing date of July 17, 2018, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number H-2018-0064, as presented during the hearing on July 17, 2018, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2018-0064 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 2350 E. Amity Road, in the SW ¼ of Section 29, Township 3 North, Range 1 East. B. Owners: MWT, LLC/Dennis Wells 10248 Turner Drive Middleton, ID 83642 C. Applicant/Representative: Matt Schultz, Schultz Development P. O. Box 1115 Meridian, Idaho 83644 Meridian City Council Meeting Agenda July 17, 2018 – Page 153 of 367 Wells Subdivision – FP H-2018-0064 2 D. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. STAFF ANALYSIS The proposed final plat depicts 38 building lots and 9 common lots on 14.07 acres of land in the R-15 zoning district. The minimum property size in this phase is 8,000 square feet (s.f.) with an average size of approximately 10,664 s.f. Staff has reviewed the proposed final plat for substantial compliance with the approve d preliminary plat H- 2018-0017) as required by UDC 11-6B-3D.2. The number of building lots is the same and the number of common lots has reduced by two. The reduction in the number of common lots doesn’t not equal a reduction in open psace. The applicant is providing the same amount that was approved with the preliminary plat. Therefore, Staff deems the final plat to be in substantial compliance with the approved preliminary plat as required. VI. SITE SPECIFIC CONDITIONS 1. Applicant shall meet all terms of the approved annexation and preliminary plat (H-2018-0017) applications and development agreement (2018-057288) approved for this site. 2. The applicant shall obtain the City Engineer’s signature on the final plat within two years of the City Engineer’s signature on the previous phase final plat in accord with UDC 11-6B-7 (June 5, 2020). 3. Prior to submittal for the City Engineer’s signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by Idaho Survey Group, LLC, stamped on 5/15/18 by Gregory G. Carter, shall be revised as follows: a. Note #9: Include a note that that requires compliance with City of Meridian development agreement instrument No. 2018-057288. b. Note #10: Include a note that prohibits direct lot access to Amity Road. c. Prior to the signature on the final plat, the applicant shall provide an exhibit showing the orientation and building footprint of all lots that take access from a common driveway. 5. The landscape plan prepared by Breckon Land Design, dated 5/17/18, shall be revised as follows: a. If the unimproved street right of way is ten feet (10') or greater from the edge of pavement to edge of sidewalk or property line, the developer shall maintain a ten foot (10') compacted shoulder meeting the construction standards of the transportation authority and landscape the remainder with lawn or other vegetative ground cover. b. No large trees are allowed within the sanitary sewer easement area through Lot 7, Block 1 6. The rear or sides of future structures on lots that face E. Amity Road on Lots 8-11, Block 1 shall incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines. 7. All fencing installed on the site must be consistent with the standards listed in UDC 11-3A-7. If permanent fencing does not exist at the subdivision boundary, temporary construction fencing to contain debris shall be installed around this phase prior to release of building permits. 8. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. 9. Prior to the issuance of any new building permit, the property shall be subdivided in accordance with the UDC. 10. Developer shall coordinate mailbox locations with the Meridian Post Office. Meridian City Council Meeting Agenda July 17, 2018 – Page 154 of 367 Wells Subdivision – FP H-2018-0064 3 11. The asphalt pathway over the existing sewer trunk passing through Lot 7, Block 1 shall be a minimum of 14-feet wide, with a design sufficient to support the weight of the Wastewater Division’s heavy maintenance equipment. Bollards should be placed at both ends of the pathway to prevent unauthorized vehicle traffic down the pathway. Coordinate pathway and bollard designs with the Community Development Department. 12. Streetlight plan shall be on a separate drawing pursuant to section 6-7 of the Meridian Design Standards. Three type 1 streetlights, 35' in height with a 12' mast arm are required on Amity Road pursuant to drawing 6C of the Meridian Design Standards. Maximum spacing is 200' on Amity Road. These lights can be connected to an existing metered circuit to the west. Add City of Meridian Standard Streetlight notes to the street light plan, these can be found at : http://meridiancity.org/land/files/STANDARD%20NOTES%20- %20Street%20Lights%20AP%203-29-18%20LDWEB.pdf 13. Floodplain Development Permit and No-Rise Certification is required for proposed bridge structure. For information, contact Jason Korn, Meridian Environmental Program Coordinator at 208-898-5500. VII. GENERAL REQUIREMENTS 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. 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 Developmen t 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. Ap plicant 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. 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 Meridian City Council Meeting Agenda July 17, 2018 – Page 155 of 367 Wells Subdivision – FP H-2018-0064 4 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. 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. Meridian City Council Meeting Agenda July 17, 2018 – Page 156 of 367 Wells Subdivision – FP H-2018-0064 5 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9 - 1-4 and 9 4 8. Contact 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. Meridian City Council Meeting Agenda July 17, 2018 – Page 157 of 367 Wells Subdivision – FP H-2018-0064 6 VIII. EXHIBITS A. Vicinity Map B. Preliminary Plat (dated: 2/20/18) C. Proposed Final Plat (dated: 5/15/18) D. Proposed Landscape Plan (dated: 5/17/18) E. Gazebo Exhibit Meridian City Council Meeting Agenda July 17, 2018 – Page 158 of 367 Wells Subdivision – FP H-2018-0064 7 Exhibit A – Vicinity Map Meridian City Council Meeting Agenda July 17, 2018 – Page 159 of 367 Wells Subdivision – FP H-2018-0064 8 Exhibit B – Preliminary Plat (dated: 2/20/18) Meridian City Council Meeting Agenda July 17, 2018 – Page 160 of 367 Wells Subdivision – FP H-2018-0064 9 Exhibit C – Proposed Final Plat (dated: 5/15/18) Meridian City Council Meeting Agenda July 17, 2018 – Page 161 of 367 Wells Subdivision – FP H-2018-0064 10 Exhibit D – Proposed Landscape Plan (dated: 5/17/18) Meridian City Council Meeting Agenda July 17, 2018 – Page 162 of 367 Wells Subdivision – FP H-2018-0064 11 Meridian City Council Meeting Agenda July 17, 2018 – Page 163 of 367 Wells Subdivision – FP H-2018-0064 12 Exhibit E – Gazebo Exhibit Meridian City Council Meeting Agenda July 17, 2018 – Page 164 of 367 City Council Meeting Meeting Date: July 17, 2018 Agenda Item Number: 6J Project/File Number: Item Title: Interagency Mutual Aid and Memorandum of Agreement for Peace Officer Training between City of Meridian and City of Nampa Police Department Meetinq Notes uy APPROIED INTERAGENCY MUTUAL AID AND MEMORANDUM OF AGREEMENT FOR PEACE OFFICER TRAINING BETWEEN CITY OF MERIDIAN AND CITY OF NAMPA This INTERAGENCY MUTUAL AID AND MEMORANDUM OF AGREEMENT FOR PEACE OFFICER TRAINING BETWEEN CITY OF MERIDIAN AND CITY OF NAMPA ("Agreement") is made this VT%ay of , 2018 by and between the City of Meridian and the City of Nampa (collectively, "Part' s"). WHEREAS, the Parties have established and operate respective police departments as provided by Idaho Code Section 50-209 and, pursuant to Idaho Code sections 50-301, 67-2326, 67-2328(b), 67-2337(4) are authorized to enter into this agreement; and WHEREAS, the Parties hereto are mutually interested in encouraging and supporting joint training for prospective officer candidates, and recognize that through cooperation, public resources can be leveraged to eliminate duplication of efforts, realize economies of scale, standardize processes and requirements, and strengthen public safety on a region wide basis; and WHEREAS, the Parties desire to be able to voluntarily assist each other, when needed, by the exchange of law enforcement services and facilities, in order to realize the most efficient use of their respective powers, cooperate to their mutual advantage, and provide mutual aid in a manner that will best accord with geographic, economic, population, and other factors related to the needs and development of the respective Parties; NOW, THEREFORE, in consideration of the mutual terms, covenants, and conditions contained herein and the recitals set forth which are a material part of the Agreement, the Parties agree as follows: I. DEFINITIONS. A. Police Chief. The department head and/or his/her duly authorized representative, having primary peace officer jurisdiction within the territory. B. Officer: Any sworn peace officer employed by a party. C. Trainee: An employee of either party hired provisionally pending training, certification, and swearing in as a peace officer. D. Trainer: An officer employed by a Party assigned and duly qualified to provide peace officer training to Trainees. E. Requesting Party: The party requesting or accepting law enforcement services or assistance pursuant to this Agreement. F. Assisting Party: The party providing law enforcement services or assistance pursuant to this Agreement. G. Assistance or Aid: Provision of law enforcement services and duties, including the prevention, investigation and detection of crime, and the enforcement of penal, traffic, or highway laws. MPD AND NPD MUTUAL AID AND TRAINING ACADEMY MOU PAGE 1 Meridian City Council Meeting Agenda July 17, 2018 – Page 167 of 367 Meridian City Council Meeting Agenda July 17, 2018 – Page 168 of 367 Meridian City Council Meeting Agenda July 17, 2018 – Page 169 of 367 Meridian City Council Meeting Agenda July 17, 2018 – Page 170 of 367 Agreement is based upon the availability of public funding under the authority of the Parties' respective statutory mandates. E. Applicable law. This Agreement shall be governed by and construed in accordance with the statutes and constitution of the State of Idaho, including, without limitation, Article VIII, Section 3, of the Idaho Constitution. F. 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. G. Approval required. This Agreement shall not become effective or binding until approved by the respective governing body of each parry hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates written below. CITY OF MERIDIAN: Dated this day of 1�1 ` , 2018. By:20 ED e Weerd, May J Lav y olice Cbief O� �� G w 2 City of IDIZ IAO t' ' IOAI+o y Cole ity Clerk SEAL aW CITY OF NAMPA: Dated this day of 2018. 44 bo" H3is , City Clerk MPD AND NPD MUTUAL AID AND TRAINING ACADEMY MOU PAGE 6 City Council Meeting Meeting Date: July 17, 2018 Agenda Item Number: 6K Project/File Number: Item Title: Approval of AIA G802 Amendment No. 1 to the AIA B133 Agreement to Rice, Fergus, Miller, Inc. for the "Final Design and Construction Drawings — Fire Station 6" project for a Not -To -Exceed amount of $523,925.00. Meetina Notes Page 1 Memo To: C. Jay Coles, City Clerk, From: Keith Watts, Purchasing Manager CC: Charlie Butterfield & Mark Niemeyer Date: 7/12/2018 Re: July 17 th City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the July 17 th City Council Consent Agenda for Council’s consideration. Approval of AIA G802 Amendment No. 1 to the AIA B133 Agreement to Rice, Fergus, Miller, Inc. for the “Final Design and Construction Drawings – Fire Station 6” project for a Not-To-Exceed amount of $523,925.00. Recommended Council Action: Approval of Amendment No. 1 to Rice, Fergus Miller, Inc. for the Not-To-Exceed amount of $523,925.00. Thank you for your consideration. City of Meridian Purchasing Dept. Meridian City Council Meeting Agenda July 17, 2018 – Page 173 of 367 Amendment to the Professional Seryices Agreement PROJECI (name and address) 2017070.01 Meridian Fire Station 6 0tlNER: (name and addres.s) City of Me diaD c/o Meridian Fire Department 33 E. Broadway Avorue, #204 Meridiao, ID 83462 AGREE EI'IT INFORiiATIOI{: Date: December 12,2017 AIA B 133-2014 ARCHITECII. (nane and address) tuce Fergus Miller, Ioc. 275 56 Sheet, Suite 100 Bremeflon. wA 98317 AlilEt{DtUENT INFORMATION: Amendment Number: 001 Date: July I l, 2018 I . I .2 Projcct's Physical Charactcristics, Add: " Station 6 design to be based on a Conccpt Design ptan dated June 27, 2018 completeed iq Phase I for a single story, z-apparatus bay station of approximat 10,400 GSF, located at 1435 W. Overland Road, Parcel No. 51224223380. Design services will include documentation ofone Add Alternate for a Battalion Chief suite." 1.1.3 The Ovmer's budget for Cost of Wod<, as dehned in Section 6.1: Add: To be mutually agreed upotr. 1.1.4 The Ownels anticipated design and constsuction schedule, Add: "Per attached Exhibit D, Proposed Schedule, dated June 6, 20 t8, subject to to reyision as mutually agreed upon between Owner and Architect.' 1.1.10,4. Geotechnial Engineering: Add "by Owner: Srata, E653 West Hackmore Drive, Boise,lD E3709." 3.2 Evaluatoo ofthe Construction Managels Guarantced Maximum Pricc Proposal ofCost Estimate, Delete: 'Not Iacluded in Contract or Fee." 3.3 Schematic Design Phase Services, Delele: 'Not lncluded in Contract or Fee." 3.4 Design Development Phase Services, Delete: 'Not Included in Contract or Fee." 3.5 Construction Document Phase S€rvices, D€lete: "Not lrcluded in Contract or Fee." 3.6 Construction Ph8se Services, Delete; "Not Included in Contract or Fee." 3.6.6 Pmject Comptetion Delete: "Nor lncluded in ConEact or Fec." 4.1.7 Buitding Information Modeling delete refereDce to 8203-13 and revise to 'Provided by dp611e"1,' 4.1.8 Civil Engineering, revise to "Provided by Architect." 4. 1.9 Landscape design, revise to "Provided by Architect." 4. I .'l 0 Architectural Interior Design, delete reference to 8252-2007 and revise to "Provided by Architect.' 4.1.11 Value Analysis, delete reference to 8204-2007 and revise to "Architect wil particpate in CMGC led Value Aaalysis." 1 AIA Documht Ge02t - 2017. Copynght O 2000, 2007 snnm17 by Th6 A,ndlcan lrBtt b ofA,l rltocb. All .llhlr rrt rltd, IYARNING: This AtA. Oocum.nt i5 prot.ctod by U.S. Copyright L.w ,nd hl. ationsl TEati.6. Unauthorizrd r.productlon o. dlstribdion of this AlA. Docum6nt, or any portion of it, may rcsuh in severe civiland criminal p€nalties, and willbc prosecuted to lhe marimum cncnt possible unde.lhe law. This.bdrrie.rt vre! prcd&od by AIA 6ofiwarE a! l1:29:53 on 07ll'll20l8 urdor fro. No. 88671489) rfik$ 6rrir3 m 10/31/2018, end b not b. lE6ah. Uxr l{o!..: (3BgAoA3D) The Owner and AJchit€€t ametrd thc Agrecmcnt as follolvs: Cover Page, The Construction Manager, Add: "Engineered Sfuctur€s Inc. (ESI), 3330 E Louise Dr #300, Meridian, ID E3642, Scott Tidwell Project Manager." Meridian City Council Meeting Agenda July 17, 2018 – Page 174 of 367 4.1.21 Telecommunications/data design revise to "Provided by Architect." 4.3.2 Delete: "Not lncluded in CoDtract or F€e." 4.3.3.1 Insct: "2." 4.3.3.2 Insert: "26." 4.3.3.3 Insert: "2." 4.3.3.4 Insen "2." The Architect's comp€nsation and schedute shall be adjused as follows: CompeDsation Adjushlcnt: Reference Article I I : For the Basic Services and Additional Services incorporated in this Addendun, Compensation will be per attached Exbibit E, Compensation I 1.7 Revise "Per attached 2017 Billing Rates for Rice Feryus Miller, Exhibit B and Pivot Nonh Architect, Exhibit C" to read "Per attsched 2018 Billing Rstes for Rice Fergus Miller, Exhibit F 8nd Pivot Nonh Architect, Exhibit G.' I 1.8.2 Revise "For reimbursable expenses the compensation shall be expenses incurred by the Architcct and thc Architect's Consultants plus zero perceDt (0ol.) markup. " Schedule Adjustrnent Per attached Exhibit D, Proposed Schedule, dated June 6, 2018, subject to to revision as mutually agreed upon between Owner and Architect. SIGNATURES: R Fe Inc OYlllER (Firm name) TURE SIGNATURE David A. Fergus, Principal PRII{IED NATIE AND TTTLE July I l, 2018 PRINTEO I{AME AND TITLE DATE DATE 2 City of Meridian ALA Documant G802 - 2017. Copydoht O 2000, 2007 end ml7 by Th€ Am€.ic€n lnrtt/ta of Architocls. All rllhtt ,rr..v.d. WARNING: This AlA. Docum€nt is prolect€d by U.S. Copyright Law and lnternalional Treatl€s- Unauthodzed reproduction or distribution of this AlAi Oocumenl, or any portion of it, may rosult in 6ov€ro civil snd criminal ponaltios, !nd wlll bo pro66cut6d lo th€ m.rimum orlont possiblo undor lh€ law. ThiB docum6nl w33 pmduc€d by AIA sdfltrsrB at ll:29:53 on 07/11/2018 urldor fror No. 6€67148990 strich expirEs on 103112018, end is nol br €6el€- Ut.r lloL.: (3B9ADA3O) Meridian City Council Meeting Agenda July 17, 2018 – Page 175 of 367 Meridian City Council Meeting Agenda July 17, 2018 – Page 176 of 367 atc{ergusnrrER AICHlI€CT\JRE INTTFIORS ILANNIN6 VIZIAI 275 Fifth Street, Suite 10O Bremerton, WA 98337 1360) 377 -877 3 rf march.com City of Meridian Fire Station 6 Amendment 0'l - EXHIBIT E For the Services described in Amendment l compensation shall be per Table I or Table ll as follows Compensation Table I For Station 6 Services performed independently, soley for City of Meridian: Schematic Design Services - Fixed Fee Design Development Services - Fixed Fee Construction Document Services - Fixed Fee Eidding Phase Services - Fixed Fee Construction Administration & Project Completion Hourlv Not to Exceed s 8s,13s s 117, 12s s 1s8,s9s s 23,760 s 1 16.910 Subtotal Labor s s01,s2s Total 5 523p25 Compensation Table ll The following Compensation Table is provision is dependant on the City of Caldwell executing a contract for the same scope of professional services starting no later than the completion of the Schematic Design Phase. For Station 6 Services performed concurrently with City of Caldwell with one prototype station design and with design services performed concurrently and construction administration services staggered: Schematic Design Services - Fixed Fee Design Development Services - Fixed Fee Construction Document Services - Fixed Fee Bidding Phase Services - Fixed Fee Construction Administration & Project Completion Hol rrlv Not to 5 6s,9s1 s 90,9r9 s 142,7s2 23,670 s 1 15.910 Subtotal Labor s440,929 Total 5 4ss,992 Meridian City Council Meeting Agenda July 17, 2018 – Page 177 of 367 R.c{srguwtttER ARCHITECIURE INTERIOR5 PTANNING V]2LAB 275 Fifth Street. Suite 100 Bremerton, WA 98337 Phone: (360)377-8773 rfmarch.com 2O18 Hourly Billing Rates Date of Proposal: July 6,2018 Project: City of Meridian, Fire Station 6, Amendment 01 Project No.: 2O77O7O.O7 The hourly billing rates shall be annually adjusted in accordance with normal salary review practices of Rice Fergus Miller. Principal in Charge: Project Manager: Project Architect: Technical Designer / Production Support: lnterior Designer: Marketing Staff: Project Coordinator: Administrative Staff: Graphics Visualization Staff : $200.00-$23s.00 $ 9s.oo-$17o.oo $13s.00-$190.00 $ 80.00-$155.00 $ 80.00-$200.00 $ 100.00 $ 6s.00- 90.00 $ 60.00- $100.00 $ 90.00- $100.00 Meridian City Council Meeting Agenda July 17, 2018 – Page 178 of 367 ho,NORTHarchitecture January 2018 2018 Standard Hourly Rate Table* ln-house reimbursable costs are as follow: . Reproductions, prints, plots & mounting r Plan review and application fees o Meals and approved travel expenses r Renderings and models . Outside professional services approved by the client Copies of all out-of-house reimbursable expense invoices will be included with Pivot's invoice to the client- + Rates shall be reviewed and may be adjusted per annum Role Description Hou rly Rate: PrincipalArchitect 51ss.00 Pro ect Manager s130.00 Project Architect S12o.oo Senior Designer s120.00 8lM Manager s100.00 lnterior Designer S8s.oo Architectural,ntern lll s9s.oo Architectural lntern ll Seo.oo Architectural lntern I s85.oo Ad min istrative s6s.00 Printing & Reproduction: Color print/copy (8.5" x71", f7" x77"1 S1.oo Black & White print/copy (8.5" x 7t" , 77"x77"1 So.o8 CD/DVD Duplication 52o.oo USB Drive Duplication (less than 2GB)S1o.oo Mileage (per mil 50.s4 Postage Cost 1101 Weit Grove Street, Bois€. ldeho 83702 | {2m) 690-3108 1 Meridian City Council Meeting Agenda July 17, 2018 – Page 179 of 367 City Council Meeting Meeting Date: July 17, 2018 Agenda Item Number: 6L Project/File Number: Item Title: Award of RFQ #FD -1809-10770.A and Approval of AIA A133 Agreement to ESI for the "CMGC Services — Fire Station 6" project for a Not -To -Exceed amount of 4.75% of the cost of construction. Meetina Notes U � C 114�t Document A133TM – 2009 Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price Init. / AIA Document A133™ – 2009 (formerly A121™CMc – 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:02:31 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1328836723) 1 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™–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. AGREEMENT made as of the 22nd day of March in the year 2018 (In words, indicate day, month and year.) BETWEEN the Owner: (Name, legal status and address) City of Meridian 33 East Broadway Avenue Meridian, ID 83642 and the Construction Manager: (Name, legal status and address) Engineered Structures, Inc 3330 East Louise Drive, Ste. 300 Meridian, ID 83642 for the following Project: (Name and address or location) Meridian Fire Station #6 Overland Road and Locust Grove Meridian, ID The Architects: (Name, legal status and address) Rice Fergus Miller 275 Fifth Street, Ste 100, Bremerton, WA 98337 Pivot North Architecture 1101 West Grove Street, Boise, ID 83702 The Owner’s Designated Representative: (Name, address and other information) Charlie Butterfield City of Meridian 33 East Broadway Avenue Meridian, ID 83642 Telephone: 208-888-4433 Fax: 208-887-4813 The Construction Manager’s Designated Representative: (Name, address and other information) Init. / AIA Document A133™ – 2009 (formerly A121™CMc – 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:02:31 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1328836723) 2 Joe Jackson, Vice President of Operations Engineered Structures, Inc. 3330 East Louise Drive, Ste. 300 Meridian, ID 83642 Telephone Number: 208-362-3040 Fax Number: 208-362-3113 Email Address: joejackson@esiconstruction.com The Architect’s Designated Representative: (Name, address and other information) David Fergus Rice Fergus Miller Gunner Gladics Pivot North Architecture The Owner and Construction Manager agree as follows. Init. / AIA Document A133™ – 2009 (formerly A121™CMc – 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:02:31 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1328836723) 3 TABLE OF ARTICLES 1 GENERAL PROVISIONS 2 CONSTRUCTION MANAGER’S RESPONSIBILITIES 3 OWNER’S RESPONSIBILITIES 4 COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICES 5 COMPENSATION FOR CONSTRUCTION PHASE SERVICES 6 COST OF THE WORK FOR CONSTRUCTION PHASE 7 PAYMENTS FOR CONSTRUCTION PHASE SERVICES 8 INSURANCE AND BONDS 9 DISPUTE RESOLUTION 10 TERMINATION OR SUSPENSION 11 MISCELLANEOUS PROVISIONS 12 SCOPE OF THE AGREEMENT ARTICLE 1 GENERAL PROVISIONS § 1.1 The Contract Documents The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to the execution of this Agreement, other documents listed in this Agreement, and Modifications issued after execution of this Agreement, all of which form the Contract and are as fully a part of the Contract as if attached to this Agreement or repeated herein. Upon the Owner’s acceptance of the Construction Manager’s Guaranteed Maximum Price proposal, the Contract Documents will also include the documents described in Section 2.2.3 and identified in the Guaranteed Maximum Price Amendment and revisions prepared by the Architect and furnished by the Owner as described in Section 2.2.8. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. If anything in the other Contract Documents, other than a Modification, is inconsistent with this Agreement, this Agreement shall govern. § 1.2 Relationship of the Parties The Construction Manager accepts the relationship of trust and confidence established between it and the Owner by this Agreement and covenants with the Owner to cooperate with the Architect and exercise the Construction Manager’s best skill and judgment in furthering the interests of the Owner; to furnish efficient construction administration, management services and supervision; to furnish at all times an adequate supply of workers and materials; to use its best efforts to manage the Project in the best and most sound way; and to perform the Work in an expeditious and economical manner consistent with the Owner’s interests. The Construction Manager acknowledges that it owes a contractual duty to the Owner for all of its construction management services in connection with the Project. The Construction Manager covenants and represents that it has the professional expertise, manpower, and capacity to undertake successfully the services that it shall provide herein to satisfactorily manage and complete the Project. The Owner agrees to furnish or approve, in a timely manner, information required by the Construction Manager and to make payments to the Construction Manager in accordance with the requirements of the Contract Documents. § 1.3 General Conditions For the Preconstruction Phase, AIA Document A201™–2007, General Conditions of the Contract for Construction, as revised for this project, shall apply only as specifically provided in this Agreement. For the Construction Phase, the Init. / AIA Document A133™ – 2009 (formerly A121™CMc – 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:02:31 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1328836723) 4 general conditions of the contract shall be as set forth in A201–2007, as revised for this project, which document is incorporated herein by reference. The term "Contractor" as used in A201–2007 shall mean the Construction Manager. ARTICLE 2 CONSTRUCTION MANAGER’S RESPONSIBILITIES The Construction Manager’s Preconstruction Phase responsibilities are set forth in Sections 2.1 and 2.2. The Construction Manager’s Construction Phase responsibilities are set forth in Section 2.3. The Owner and Construction Manager may agree, in consultation with the Architect, for the Construction Phase to commence prior to completion of the Preconstruction Phase, in which case, both phases will proceed concurrently. The Construction Manager shall identify a representative authorized to act on behalf of the Construction Manager with respect to the Project. § 2.1 Preconstruction Phase § 2.1.1 The Construction Manager shall provide a preliminary evaluation of the Owner’s program, schedule and construction budget requirements, each in terms of the other. § 2.1.2 Consultation The Construction Manager shall schedule and conduct meetings with the Architect and Owner to discuss such matters as procedures, progress, coordination, and scheduling of the Work. The Construction Manager shall advise the Owner and the Architect on proposed site use and improvements, selection of materials, and building systems and equipment. The Construction Manager shall also provide recommendations consistent with the Project requirements to the Owner and Architect on constructability; availability of materials and labor; time requirements for procurement, installation and construction; and factors related to construction cost including, but not limited to, costs of alternative designs or materials, preliminary budgets, life-cycle data, and possible cost reductions. § 2.1.2.1 In conjunction with the Architect and Owner, the Construction Manager will develop a formal comprehensive management and scope of Work plan. The Owner will decide whether to make Project changes. § 2.1.2.2 The Construction Manager will review the design and make suggestions to the Owner as to value engineering, constructability, suitability of materials and equipment, scheduling, time, methods and sequence of construction, clarity, consistency and coordination of documentation, to reduce project construction cost, to reduce operational costs or to improve the life of the building. The Owner will decide whether to make Project changes. However, the Construction Manager is not a licensed design professional and assumes no responsibility for the design of the Project or the design of the approved manufacturing systems (such as trusses and fire protection systems). Except as otherwise set forth in this Contract, any suggestions by the Construction Manager to modify the design of the Project to reduce costs will be based on Construction Manager’s knowledge and experience as a construction contractor and Construction Manager, and not as a design professional. § 2.1.2.3 The Construction Manager shall develop, in coordination with Owner, a system for tracking project costs and cash flow. § 2.1.2.4 The Construction Manager shall attend and, if requested by Owner, schedule and lead periodic project meetings and special meetings for the exchange of information concerning the project, and review of design progress, permits and approvals. All meetings shall be held at a location and time convenient to the Owner’s Designated Representative. § 2.1.3 When Project requirements in Section 3.1.1 have been sufficiently identified, the Construction Manager shall prepare and periodically update a Project schedule for the Architect’s review and the Owner’s acceptance. The issuance of a Project schedule shall be a representation and warranty to owner that Construction Manager has thoroughly and carefully examined the Project schedule and found it to be a reasonable and adequate amount of time for Construction Manager to perform the Work, and includes reasonable periods for the review of submittals, tests, inspections and other matters by Owner, Architect and any governmental authorities. The Construction Manager shall obtain the Architect’s approval for the portion of the Project schedule relating to the performance of the Architect’s services. The Project schedule shall coordinate and integrate the Construction Manager’s services, the Architect’s services, other Owner consultants’ services, and the Owner’s responsibilities and identify items that could affect the Project’s timely completion. The updated Project schedule shall include the following: submission of the Guaranteed Maximum Price proposal; components of the Work; times of commencement and completion required of each Subcontractor; ordering and delivery of products, including those that must be ordered well in advance of construction; and the occupancy requirements of the Owner. Init. / AIA Document A133™ – 2009 (formerly A121™CMc – 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:02:31 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1328836723) 5 § 2.1.4 Phased Construction The Construction Manager shall provide recommendations with regard to accelerated or fast-track scheduling, procurement, or phased construction. The Construction Manager shall take into consideration cost reductions, cost information, constructability, provisions for temporary facilities and procurement and construction scheduling issues. § 2.1.5 Preliminary Cost Estimates § 2.1.5.1 Based on the preliminary design and other design criteria prepared by the Architect, the Construction Manager shall prepare preliminary estimates of the Cost of the Work or the cost of program requirements using area, volume or similar conceptual estimating techniques for the Architect’s review and Owner’s approval. If the Architect or Construction Manager suggests alternative materials and systems, the Construction Manager shall provide cost evaluations of those alternative materials and systems. § 2.1.5.2 As the Architect progresses with the preparation of the Schematic Design, Design Development and Construction Documents, the Construction Manager shall prepare and update, at appropriate intervals agreed to by the Owner, Construction Manager and Architect, detailed estimates of the Cost of the Work and value engineering analysis of increasing detail and refinement and allowing for the further development of the design until such time as the Owner and Construction Manager agree on a Guaranteed Maximum Price for the Work. Such estimates shall be provided for the Architect’s review and the Owner’s approval. The Construction Manager shall inform the Owner and Architect when estimates of the Cost of the Work exceed the latest approved Project budget and make recommendations for corrective action. § 2.1.5.3 Owner may require additional cost estimates to confirm budget due to modification made via design workshops, and the Construction Manager shall work with the Architect to reconcile any differences. § 2.1.6 Subcontractors and Suppliers The Construction Manager shall seek to develop bidders’ interest in the Project. The Construction Manager shall develop the scope of work and prepare bid packages in concert with the Architect (Owner will provide a template for the bid packages) for each trade to be bid and participate in the prequalification and qualification of each of the Subcontractors and Sub-subcontractors as defined by law. § 2.1.7 The Construction Manager shall prepare, for the Architect’s review and the Owner’s acceptance, a procurement schedule for items that must be ordered well in advance of construction. The Construction Manager shall expedite and coordinate the ordering and delivery of materials that must be ordered well in advance of construction. If the Owner agrees to procure any items prior to the establishment of the Guaranteed Maximum Price, the Owner shall procure the items on terms and conditions acceptable to the Construction Manager. Upon the establishment of the Guaranteed Maximum Price, the Owner shall assign all contracts for these items to the Construction Manager and the Construction Manager shall thereafter accept responsibility for them. § 2.1.8 Extent of Responsibility The Construction Manager shall exercise reasonable care in preparing schedules and estimates. The Construction Manager, however, does not warrant or guarantee estimates and schedules except as may be included as part of the Guaranteed Maximum Price. The Construction Manager is not required to ascertain that the Drawings and Specifications are in accordance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, but the Construction Manager shall promptly report to the Architect and Owner any nonconformity discovered by or made known to the Construction Manager as a request for information in such form as the Architect may require. § 2.1.9 Notices and Compliance with Laws The Construction Manager shall comply with applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities applicable to its performance under this Contract, and with equal employment opportunity programs, and other programs as may be required by governmental and quasi-governmental authorities for inclusion in the Contract Documents. § 2.2 Guaranteed Maximum Price Proposal and Contract Time § 2.2.1 At a time to be mutually agreed upon by the Owner and the Construction Manager and in consultation with the Architect, the Construction Manager shall prepare a Guaranteed Maximum Price proposal for the Owner’s review and Init. / AIA Document A133™ – 2009 (formerly A121™CMc – 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:02:31 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1328836723) 6 acceptance. The Guaranteed Maximum Price in the proposal shall be the sum of the Construction Manager’s estimate of the Cost of the Work, including contingencies described in Section 2.2.4, and the Construction Manager’s Fee. § 2.2.2 To the extent that the Drawings and Specifications are anticipated to require further development by the Architect, the Construction Manager shall provide in the Guaranteed Maximum Price for such further development consistent with the Contract Documents and reasonably inferable therefrom. Such further development does not include such things as changes in scope, systems, kinds and quality of materials, finishes or equipment, all of which, if required, shall be incorporated by Change Order. § 2.2.3 The Construction Manager shall include with the Guaranteed Maximum Price proposal a written statement of its basis, which shall include the following: .1 A list of the Drawings and Specifications, including all Addenda thereto, and the Conditions of the Contract; .2 A list of the clarifications and assumptions made by the Construction Manager in the preparation of the Guaranteed Maximum Price proposal, including assumptions under Section 2.2.2, to supplement the information provided by the Owner and contained in the Drawings and Specifications; .3 A statement of the proposed Guaranteed Maximum Price, including a statement of the estimated Cost of the Work organized by trade categories or systems, allowances, contingency, and the Construction Manager’s Fee; .4 The anticipated date of Substantial Completion upon which the proposed Guaranteed Maximum Price is based; and .5 A date by which the Owner must accept the Guaranteed Maximum Price. § 2.2.4 In preparing the Construction Manager’s Guaranteed Maximum Price proposal, the Construction Manager shall include its contingency for the Construction Manager’s exclusive use to cover those costs considered reimbursable as the Cost of the Work but not included in a Change Order. § 2.2.5 The Construction Manager shall meet with the Owner and Architect to review the Guaranteed Maximum Price proposal. In the event that the Owner and Architect discover any inconsistencies or inaccuracies in the information presented, they shall promptly notify the Construction Manager, who shall make appropriate adjustments to the Guaranteed Maximum Price proposal, its basis, or both. § 2.2.6 If the Owner notifies the Construction Manager that the Owner has accepted the Guaranteed Maximum Price proposal in writing before the date specified in the Guaranteed Maximum Price proposal, the Guaranteed Maximum Price proposal shall be deemed effective without further acceptance from the Construction Manager. Following acceptance of a Guaranteed Maximum Price, the Owner and Construction Manager shall execute the Guaranteed Maximum Price Amendment amending this Agreement, a copy of which the Owner shall provide to the Architect. The Guaranteed Maximum Price Amendment shall set forth the agreed upon Guaranteed Maximum Price with the information and assumptions upon which it is based. § 2.2.7 The Construction Manager shall not incur any cost to be reimbursed as part of the Cost of the Work prior to the commencement of the Construction Phase, unless the Owner provides prior written authorization for such costs. § 2.2.8 The Owner shall authorize the Architect to provide the revisions to the Drawings and Specifications to incorporate the agreed-upon assumptions and clarifications contained in the Guaranteed Maximum Price Amendment. The Owner shall promptly furnish those revised Drawings and Specifications to the Construction Manager as they are revised. The Construction Manager shall notify the Owner and Architect of any inconsistencies between the Guaranteed Maximum Price Amendment and the revised Drawings and Specifications. § 2.2.9 The Construction Manager shall include in the Guaranteed Maximum Price all sales, consumer, use and similar taxes for the Work provided by the Construction Manager that are legally enacted, whether or not yet effective, at the time the Guaranteed Maximum Price Amendment is executed. § 2.2.10 The Construction Manager’s submittal of the Guaranteed Maximum Price proposal for the Owner’s review and acceptance shall constitute Construction Manager’s representation and warranty to Owner that it has carefully and thoroughly examined the Contract Documents and found them to be reasonably coordinated, complete and suitable for construction of the Work in the Contract Time and for the Guaranteed Maximum Price. Init. / AIA Document A133™ – 2009 (formerly A121™CMc – 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:02:31 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1328836723) 7 § 2.3 Construction Phase § 2.3.1 General § 2.3.1.1 For purposes of Section 8.1.2 of A201–2007, the date of commencement of the Work shall mean the date of commencement of the Construction Phase. § 2.3.1.2 The Construction Phase shall commence upon the Owner’s acceptance of the Construction Manager’s Guaranteed Maximum Price proposal or the Owner’s issuance of a Notice to Proceed, whichever occurs earlier. § 2.3.1.3 The Contract Time shall be measured from the date of Commencement. § 2.3.1.4 The Construction Manager shall achieve Substantial Completion of the entire Work no later than Twelve (12) months from notice to proceed. The construction schedule will be added by Amendment at such time when enough information is available to accurately project the construction schedule. § 2.3.2 Administration § 2.3.2.1 Those portions of the Work that the Construction Manager does not customarily perform with the Construction Manager’s own personnel shall be performed under subcontracts or by other appropriate agreements with the Construction Manager. The Construction Manager may provide a self-performing bid for specific scope(s) of work. The Construction Manager shall obtain bids from Subcontractors and from suppliers of materials or equipment fabricated especially for the Work and shall deliver such bids to the Architect and Owner. The Construction Manager shall not be required to contract with anyone to whom the Construction Manager has reasonable objection. § 2.3.2.2 If the Guaranteed Maximum Price has been established and when a specific bidder (1) is recommended to the Owner by the Construction Manager, (2) is qualified to perform that portion of the Work, and (3) has submitted a bid that conforms to the requirements of the Contract Documents without reservations or exceptions, but the Owner requires that another bid be accepted, then the Construction Manager may require that a Change Order be issued to adjust the Contract Time and the Guaranteed Maximum Price by the difference between the bid of the person or entity recommended to the Owner by the Construction Manager and the amount and time requirement of the subcontract or other agreement actually signed with the person or entity designated by the Owner. § 2.3.2.3 Deleted § 2.3.2.4 The Construction Manager may recommend a specific bidder that may be considered a "related party" according to Section 6.10, so long as the Construction Manager notifies the Owner of such relationship and the specific nature of the contemplated transaction, according to Section 6.10.2. § 2.3.2.5 The Construction Manager shall schedule and conduct meetings to discuss such matters as procedures, progress, coordination, scheduling, and status of the Work. The Construction Manager shall prepare and promptly distribute minutes to the Owner and Architect. § 2.3.2.6 Upon the execution of the Guaranteed Maximum Price Amendment, the Construction Manager shall prepare and submit to the Owner and Architect a construction schedule for the Work and submittal schedule in accordance with Section 3.10 of A201–2007. § 2.3.2.7 The Construction Manager shall record the progress of the Project. On a monthly basis, or otherwise as agreed to by the Owner, the Construction Manager shall submit written progress reports to the Owner and Architect, showing percentages of completion and other information required by the Owner. The Construction Manager shall also keep, and make available to the Owner and Architect, a daily log containing a record for each day of weather, portions of the Work in progress, number of workers on site, identification of equipment on site, problems that might affect progress of the work, accidents, injuries, and other information required by the Owner. § 2.3.2.7.1 The Construction Manager shall develop and implement a change order control system. § 2.3.2.7.2 The Construction Manager shall establish and implement a Quality Control program including monitoring the quality programs of all Subcontractors. Init. / AIA Document A133™ – 2009 (formerly A121™CMc – 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:02:31 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1328836723) 8 § 2.3.2.7.3 The Construction Manager shall monitor closely the progress of construction of each subcontractor, prepare a construction schedule report at least monthly and, if and as necessary, prepare and submit recovery schedules. § 2.3.2.7.4 The Construction Manager shall furnish monthly reports concerning the progress of the work which address: (a) compliance with the construction schedule, (b) status of testing and inspection activities performed by the Construction Manager and Subcontractors, (c) status of shop drawings and submittals, (d) status of change orders, and (e) other matters relating to the progress of work as directed by Owner. § 2.3.2.8 The Construction Manager shall develop a system of cost control for the Work, including regular monitoring of actual costs for activities in progress and estimates for uncompleted tasks and proposed changes. The Construction Manager shall identify variances between actual and estimated costs and report the variances to the Owner and Architect and shall provide this information in its monthly reports to the Owner and Architect, in accordance with Section 2.3.2.7 above. § 2.3.2.9 The Construction Manager shall be available to meet with the Owner as shall be reasonably scheduled by the Owner’s designated representative. The Construction Manager shall attend, and, if requested by Owner, shall schedule and lead, regular project and construction progress meetings, and conduct regular meetings at the site with each Subcontractor. All meetings shall be held at a location and time convenient to the Owner’s Designated Representative. § 2.3.2.10 The Construction Manager shall assume responsibility for project safety in accordance with OSHA requirements. § 2.3.2.11 The Construction Manager will work with the Owner to coordinate scheduling, installation of furniture, fixtures and equipment to be installed by Owner. The Construction Manager will work with the Owner to schedule, stage, and move Owner’s personnel and operations into the building in an organized and systematic manner, so as to minimize personnel down-time. § 2.3.2.12 The Construction Manager shall implement procedures for reviewing and processing requests for information or clarifications and interpretations of the Contract Documents; shop drawings, samples, and all other submittals, contract schedule adjustments, change order proposals, proposals for substitutions, payment applications, as-built drawings, and maintenance of logs using the internet-based project management software. § 2.4 Professional Services Section 3.12.10 of A201–2007 shall apply to both the Preconstruction and Construction Phases. § 2.5 Hazardous Materials Section 10.3 of A201–2007 shall apply to both the Preconstruction and Construction Phases. ARTICLE 3 OWNER’S RESPONSIBILITIES § 3.1 Information and Services Required of the Owner § 3.1.1 The Owner shall provide information with reasonable promptness, regarding requirements for and limitations on the Project, including a written program which shall set forth the Owner’s objectives, constraints, and criteria, including schedule, space requirements and relationships, flexibility and expandability, special equipment, systems, sustainability and site requirements. § 3.1.2 Deleted § 3.1.3 The Owner shall establish and periodically update the Owner’s budget for the Project, including (1) the budget for the Cost of the Work as defined in Section 6.1.1, (2) the Owner’s other costs, and (3) reasonable contingencies related to all of these costs. If the Owner significantly increases or decreases the Owner’s budget for the Cost of the Work, the Owner shall notify the Construction Manager and Architect. The Owner and the Architect, in consultation with the Construction Manager, shall thereafter agree to a corresponding change in the Project’s scope and quality. § 3.1.4 Structural and Environmental Tests, Surveys and Reports. Upon the reasonable request of the Construction Manager during the Preconstruction Phase, the Owner shall furnish the following information or services with Init. / AIA Document A133™ – 2009 (formerly A121™CMc – 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:02:31 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1328836723) 9 reasonable promptness and at the Owner’s expense. The Owner shall also furnish any other information or services under the Owner’s control and relevant to the Construction Manager’s performance of the Work with reasonable promptness after receiving the Construction Manager’s written request for such information or services. The Construction Manager shall be entitled to rely on the accuracy of information and services furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. § 3.1.4.1 The Owner shall furnish tests, inspections and reports required by law and as otherwise agreed to by the parties, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials. § 3.1.4.2 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. § 3.1.4.3 The Owner, when such services are requested, shall furnish services of geotechnical engineers, which may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations. § 3.1.4.4 During the Construction Phase, the Owner shall furnish information or services required of the Owner by the Contract Documents with reasonable promptness. The Owner shall also furnish any other information or services under the Owner’s control and relevant to the Construction Manager’s performance of the Work with reasonable promptness after receiving the Construction Manager’s written request for such information or services. § 3.2 Owner’s Designated Representative The Owner shall identify a representative authorized to act on behalf of the Owner with respect to the Project. The Owner’s representative shall render decisions promptly and furnish information expeditiously, so as to avoid unreasonable delay in the services or Work of the Construction Manager. Except as otherwise provided in Section 4.2.1 of A201–2007, the Architect does not have such authority. The term "Owner" means the Owner or the Owner’s authorized representative. § 3.2.1 Legal Requirements. The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet the Owner’s needs and interests. § 3.3 Architect The Owner shall retain an Architect to provide services, duties and responsibilities as described in AIA Document B133™–2014, Standard Form of Agreement Between Owner and Architect, as modified for this Project. The Owner shall provide the Construction Manager a copy of the executed agreement between the Owner and the Architect, and any further modifications to the agreement. ARTICLE 4 COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICES § 4.1 Compensation § 4.1.1 For the Construction Manager’s Preconstruction Phase services, the Owner shall compensate the Construction Manager as follows: § 4.1.2 For the Construction Manager’s Preconstruction Phase services described in Sections 2.1 and 2.2: (Insert amount of, or basis for, compensation and include a list of reimbursable cost items, as applicable.) Lump sum value of Twenty-Five Thousand and no/100 Dollars ($25,000.00) This lump sum value represents 50% of the total estimated preconstruction cost on the understanding that both the Meridian & Caldwell Fire Stations proceed through the Preconstruction Phase Schedule as identified in 4.1.3. If both stations do not move forward in conjunction with each other the preconstruction phase fee will be equitably adjusted Init. / AIA Document A133™ – 2009 (formerly A121™CMc – 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:02:31 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1328836723) 10 per 4.1.4 to address increased proportional costs of Owner for Preconstruction services performed on a faster track than the Caldwell Fire Station. § 4.1.3 If the Preconstruction Phase services covered by this Agreement have not been completed within eight ( 8 ) months of the date of this Agreement, through no fault of the Construction Manager, the Construction Manager’s compensation for Preconstruction Phase services shall be equitably adjusted. Owner and Construction Manager agree to the following schedule: - 100% SDs – 7/6/18 - 100%DDs – 8/20/18 - 50% CDs – 10/31/18 - 100% CDs – 1/4/19 - Project Out to Bid – 1/7/19 - Bid Opening – 1/29/19 - Construction Start – 3/4/19 - Project Completion – 2/28/20 § 4.1.4 Compensation based on Direct Personnel Expense includes the direct salaries of the Construction Manager’s personnel providing Preconstruction Phase services on the Project and the Construction Manager’s costs for the mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, employee retirement plans and similar contributions. § 4.2 Payments § 4.2.1 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. § 4.2.2 Payments are due and payable Net 30 days of City’s receipt of the Construction Manager’s invoice. Amounts unpaid Thirty ( 30 ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Construction Manager. NA ARTICLE 5 COMPENSATION FOR CONSTRUCTION PHASE SERVICES § 5.1 For the Construction Manager’s performance of the Work as described in Section 2.3, the Owner shall pay the Construction Manager the Contract Sum in current funds. The Contract Sum is the Cost of the Work as defined in Section 6.1.1 plus the Construction Manager’s Fee. § 5.1.1 The Construction Manager’s Fee: (State a lump sum, percentage of Cost of the Work or other provision for determining the Construction Manager’s Fee.) Four and Three-Quarters Percent (4.75%) § 5.1.2 The method of adjustment of the Construction Manager’s Fee for changes in the Work: Four and Three-Quarters Percent (4.75%) § 5.1.3 Limitations, if any, on a Subcontractor’s overhead and profit for increases in the cost of its portion of the Work: Ten Percent (10%) Overhead on direct cost of work and Five Percent (5%) Fee on direct cost of work. § 5.1.4 Rental rates for Construction Manager-owned equipment shall not exceed seventy-five percent ( 75 %) of the standard rate paid at the place of the Project. § 5.1.5 Unit prices, if any: N/A (Identify and state the unit price; state the quantity limitations, if any, to which the unit price will be applicable.) Init. / AIA Document A133™ – 2009 (formerly A121™CMc – 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:02:31 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1328836723) 11 § 5.2 Guaranteed Maximum Price § 5.2.1 The Construction Manager guarantees that the Contract Sum shall not exceed the Guaranteed Maximum Price set forth in the Guaranteed Maximum Price Amendment, as it is amended from time to time. To the extent the Cost of the Work exceeds the Guaranteed Maximum Price, the Construction Manager shall bear such costs in excess of the Guaranteed Maximum Price without reimbursement or additional compensation from the Owner. (Paragraph deleted) The savings shall be the difference as of the date of Final Completion of the Work between (1) the sum of the Cost of Work and the Contractor’s Fee and (2) the Guaranteed Maximum Price. All savings shall be to the benefit of the Owner. § 5.2.2 The Guaranteed Maximum Price is subject to additions and deductions by Change Order as provided in the Contract Documents and the Date of Substantial Completion shall be subject to adjustment as provided in the Contract Documents. § 5.2.2.1 The Estimated Cost of the Work shall include the CM/GC’s contingency, a sum established the CM/GC for the G/CM’s exclusive use to cover additional development of Plans and Specifications and unforeseen costs which are properly reimbursable as Cost of the Work but which are not the basis for a Change Order. The CM/GC’s Contingency is assigned for use by the CM/GC to pay for project issues that are with in control such as subcontractor coordination, insufficient coordination of the design drawings, unforeseeable general conditions expenses, buy-out error, and scope gaps. It may also be used for some issues beyond the CM/GC’s control such as lost time, increases in bid contracts, subcontractor failure, and expediting costs for critical materials. CM/GC’s contingency is not available for Owner directed design or scope changes and unforeseen or differing site conditions. CM/GC Contingency costs will be reviewed monthly by the Owner for conformance with the contract. Damaged, non-conforming or out-of-sequence work does not constitute a change order, is not an addition to the cost of work and may not be paid for out of CM/GC Contingency. Under no circumstances will any project funds be used for acts of negligence or violations of statutes. § 5.3 Changes in the Work § 5.3.1 The Owner may, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions. The Owner shall issue such changes in writing. The Architect may make minor changes in the Work as provided in Section 7.4 of AIA Document A201–2007, General Conditions of the Contract for Construction. The Construction Manager shall be entitled to an equitable adjustment in the Contract Time as a result of changes in the Work. § 5.3.2 Adjustments to the Guaranteed Maximum Price on account of changes in the Work subsequent to the execution of the Guaranteed Maximum Price Amendment may be determined by any of the methods listed in Section 7.3.3 of AIA Document A201–2007, General Conditions of the Contract for Construction. § 5.3.3 In calculating adjustments to subcontracts (except those awarded with the Owner’s prior consent on the basis of cost plus a fee), the terms "cost" and "fee" as used in Section 7.3.3.3 of AIA Document A201–2007 and the term "costs" as used in Section 7.3.7 of AIA Document A201–2007 shall have the meanings assigned to them in AIA Document A201–2007 and shall not be modified by Sections 5.1 and 5.2, Sections 6.1 through 6.7, and Section 6.8 of this Agreement. Adjustments to subcontracts awarded with the Owner’s prior consent on the basis of cost plus a fee shall be calculated in accordance with the terms of those subcontracts. § 5.3.4 In calculating adjustments to the Guaranteed Maximum Price, the terms "cost" and "costs" as used in the above-referenced provisions of AIA Document A201–2007 shall mean the Cost of the Work as defined in Sections 6.1 to 6.7 of this Agreement and the term "fee" shall mean the Construction Manager’s Fee as defined in Section 5.1 of this Agreement. Init. / AIA Document A133™ – 2009 (formerly A121™CMc – 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:02:31 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1328836723) 12 § 5.3.5 If no specific provision is made in Section 5.1.2 for adjustment of the Construction Manager’s Fee in the case of changes in the Work, or if the extent of such changes is such, in the aggregate, that application of the adjustment provisions of Section 5.1.2 will cause substantial inequity to the Owner or Construction Manager, the Construction Manager’s Fee shall be equitably adjusted on the same basis that was used to establish the Fee for the original Work, and the Guaranteed Maximum Price shall be adjusted accordingly. ARTICLE 6 COST OF THE WORK FOR CONSTRUCTION PHASE § 6.1 Costs to Be Reimbursed § 6.1.1 The term Cost of the Work shall mean costs necessarily incurred by the Construction Manager in the proper performance of the Work. Such costs shall be at rates not higher than the standard paid at the place of the Project except with prior consent of the Owner. The Cost of the Work shall include only the items set forth in Sections 6.1 through 6.7. § 6.1.1.1 Costs as defined herein shall be actual costs paid by the Construction Manager, less all discounts, rebates, and salvages that shall be taken by the Construction Manager, subject to Article 6.9 of this Agreement. All payments made by the Owner pursuant to this Article 6, whether those payments are actually made before or after the execution of the Contract, are included within the Guaranteed Maximum Price specified in Paragraph 5.2 above; provided, however, that in no event shall the Owner be required to reimburse the Construction Manager for any portion of the Cost of the Work incurred prior to the Commencement Date unless the Construction Manager has received the Owner’s written consent prior to incurring such cost. § 6.1.1.2 Notwithstanding the breakdown or categorization of any costs to be reimbursed in this Article 6 or elsewhere in the Contract Documents, there shall be no duplication of payment in the event any particular item for which payment is requested can be characterized as falling into more than one of the types of compensable or reimbursable categories. § 6.1.2 Where any cost is subject to the Owner’s prior approval, the Construction Manager shall obtain this approval prior to incurring the cost. The parties shall endeavor to identify any such costs prior to executing Guaranteed Maximum Price Amendment. § 6.2 Labor Costs § 6.2.1 Wages of construction workers directly employed by the Construction Manager to perform the construction of the Work at the site or, with the Owner’s prior approval, at off-site locations. § 6.2.2 Wages or salaries of the Construction Manager’s supervisory and administrative personnel assigned to the Project and/or who perform tasks specifically related to the Project. Project Manager hourly rate - $69.00 Estimator hourly rate - $70.00 Assistant Project Manager hourly rate - $53.00 Project Coordinator hourly rate $32.00 Project Engineer hourly rate - $58.00 Superintendent hourly rate - $88.00 § 6.2.3 Wages and salaries of the Construction Manager’s supervisory or administrative personnel engaged at factories, workshops or on the road, in expediting the production or transportation of materials or equipment required for the Work, but only for that portion of their time required for the Work. § 6.2.4 Costs paid or incurred by the Construction Manager for taxes, insurance, contributions, assessments and benefits required by law or collective bargaining agreements and, for personnel not covered by such agreements, customary benefits such as sick leave, medical and health benefits, holidays, vacations and pensions, provided such costs are based on wages and salaries included in the Cost of the Work under Sections 6.2.1 through 6.2.3. § 6.2.5 Bonuses, profit sharing, incentive compensation and any other discretionary payments paid to anyone hired by the Construction Manager or paid to any Subcontractor or vendor, with the Owner’s prior approval. § 6.3 Subcontract Costs Payments made by the Construction Manager to Subcontractors in accordance with the requirements of the subcontracts. Init. / AIA Document A133™ – 2009 (formerly A121™CMc – 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:02:31 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1328836723) 13 § 6.4 Costs of Materials and Equipment Incorporated in the Completed Construction § 6.4.1 Costs, including transportation and storage, of materials and equipment incorporated or to be incorporated in the completed construction. § 6.4.2 Costs of materials described in the preceding Section 6.4.1 in excess of those actually installed to allow for reasonable waste and spoilage. Unused excess materials, if any, shall become the Owner’s property at the completion of the Work or, at the Owner’s option, shall be sold by the Construction Manager. Any amounts realized from such sales shall be credited to the Owner as a deduction from the Cost of the Work. § 6.5 Costs of Other Materials and Equipment, Temporary Facilities and Related Items § 6.5.1 Costs of transportation, storage, installation, maintenance, dismantling and removal of materials, supplies, temporary facilities, machinery, equipment and hand tools not customarily owned by construction workers that are provided by the Construction Manager at the site and fully consumed in the performance of the Work. Costs of materials, supplies, temporary facilities, machinery, equipment and tools that are not fully consumed shall be based on the cost or value of the item at the time it is first used on the Project site less the value of the item when it is no longer used at the Project site. Costs for items not fully consumed by the Construction Manager shall mean fair market value. § 6.5.2 Rental charges for temporary facilities, machinery, equipment and hand tools not customarily owned by construction workers that are provided by the Construction Manager at the site and costs of transportation, installation, minor repairs, dismantling and removal. The total rental cost of any Construction Manager-owned item may not exceed the purchase price of any comparable item. Rates of Construction Manager-owned equipment and quantities of equipment shall be subject to the Owner’s prior approval. § 6.5.3 Costs of removal of debris from the site of the Work and its proper and legal disposal. § 6.5.4 Costs of document reproductions, facsimile transmissions and long-distance telephone calls, postage and parcel delivery charges, telephone service at the site and reasonable petty cash expenses of the site office. § 6.5.5 That portion of the reasonable expenses of the Construction Manager’s supervisory or administrative personnel incurred while traveling in discharge of duties connected with the Work. § 6.5.6 Costs of materials and equipment suitably stored off the site at a mutually acceptable location, subject to the Owner’s prior approval. § 6.6 Miscellaneous Costs § 6.6.1 Premiums for that portion of insurance and bonds required by the Contract Documents that can be directly attributed to this Contract. Reimbursable costs associated with Subcontractor-provided bonds are subject to the limitations set forth in Article 11 of AIA Document A201-2007. Self-insurance for either full or partial amounts of the coverages required by the Contract Documents, with the Owner’s prior approval. Insurance coverages provided by Construction Manager and outlined in Section 8 of this Agreement shall be charged at the rate of .838%, calculated on the direct cost of work. Builders Risk insurance is not included; however if Owner elects Construction Manager to provide Builders Risk insurance, Construction Manager to provide alternate pricing for this cost. § 6.6.2 Sales, use or similar taxes imposed by a governmental authority that are related to the Work and for which the Construction Manager is liable. § 6.6.3 Fees and assessments for the building permit and for other permits, licenses and inspections for which the Construction Manager is required by the Contract Documents to pay. § 6.6.4 Fees of laboratories for tests required by the Contract Documents, except those related to defective or nonconforming Work for which reimbursement is excluded by Section 13.5.3 of AIA Document A201–2007 or by other provisions of the Contract Documents, and which do not fall within the scope of Section 6.7.3. Init. / AIA Document A133™ – 2009 (formerly A121™CMc – 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:02:31 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1328836723) 14 § 6.6.5 Royalties and license fees paid for the use of a particular design, process or product required by the Contract Documents; the cost of defending suits or claims for infringement of patent rights arising from such requirement of the Contract Documents; and payments made in accordance with legal judgments against the Construction Manager resulting from such suits or claims and payments of settlements made with the Owner’s consent. However, such costs of legal defenses, judgments and settlements shall not be included in the calculation of the Construction Manager’s Fee or subject to the Guaranteed Maximum Price. If such royalties, fees and costs are excluded by the last sentence of Section 3.17 of AIA Document A201–2007 or other provisions of the Contract Documents, then they shall not be included in the Cost of the Work. § 6.6.6 Costs for electronic equipment and software, directly related to the Work with the Owner’s prior approval. § 6.6.7 Deposits lost for causes other than the Construction Manager’s negligence or failure to fulfill a specific responsibility in the Contract Documents. § 6.6.8 Legal, mediation and arbitration costs, including attorneys’ fees, other than those arising from disputes between the Owner and Construction Manager, reasonably incurred by the Construction Manager after the execution of this Agreement in the performance of the Work and with the Owner’s prior approval, which shall not be unreasonably withheld. (Paragraph deleted) § 6.7 Other Costs and Emergencies § 6.7.1 Other costs incurred in the performance of the Work if, and to the extent, approved in advance in writing by the Owner. § 6.7.2 Costs incurred in taking action to prevent threatened damage, injury or loss in case of an emergency affecting the safety of persons and property, as provided in Section 10.4 of AIA Document A201–2007. § 6.7.3 Costs of repairing or correcting damaged or nonconforming Work executed by the Construction Manager, Subcontractors or suppliers, provided that such damaged or nonconforming Work was not caused by negligence or failure to fulfill a specific responsibility of the Construction Manager and only to the extent that the cost of repair or correction is not recovered by the Construction Manager from insurance, sureties, Subcontractors, suppliers, or others; provided that any absence of collectible insurance is not due to the Construction Manager’s breach of any contract for insurance. § 6.7.4 The costs described in Sections 6.1 through 6.7 shall be included in the Cost of the Work, notwithstanding any provision of AIA Document A201–2007 or other Conditions of the Contract which may require the Construction Manager to pay such costs, unless such costs are excluded by the provisions of Section 6.8. § 6.8 Costs Not To Be Reimbursed § 6.8.1 The Cost of the Work shall not include the items listed below: .1 Salaries and other compensation of the Construction Manager’s personnel stationed at the Construction Manager’s principal office or offices other than the site office, except as specifically provided in Section 6.2, or as may be provided in Article 11; .2 Expenses of the Construction Manager’s principal office and offices other than the site office; .3 Overhead and general expenses, except as may be expressly included in Sections 6.1 to 6.7; .4 The Construction Manager’s capital expenses, including interest on the Construction Manager’s capital employed for the Work; .5 Except as provided in Section 6.7.3 of this Agreement, costs due to the negligence or failure of the Construction Manager, Subcontractors and suppliers or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable to fulfill a specific responsibility of the Contract; .6 Any cost not specifically and expressly described in Sections 6.1 to 6.7; .7 Costs, other than costs included in Change Orders approved by the Owner, that would cause the Guaranteed Maximum Price to be exceeded; and .8 Costs for services incurred during the Preconstruction Phase. Init. / AIA Document A133™ – 2009 (formerly A121™CMc – 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:02:31 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1328836723) 15 § 6.9 Discounts, Rebates and Refunds § 6.9.1 Cash discounts obtained on payments made by the Construction Manager shall accrue to the Owner if (1) before making the payment, the Construction Manager included them in an Application for Payment and received payment from the Owner, or (2) the Owner has deposited funds with the Construction Manager with which to make payments; otherwise, cash discounts shall accrue to the Construction Manager. Trade discounts, rebates, refunds and amounts received from sales of surplus materials and equipment shall accrue to the Owner, and the Construction Manager shall make provisions so that they can be obtained. The Construction Manager shall not obtain for its own benefit any discounts, rebates or refunds in connection with the Work prior to providing the Owner with at least seven (7) days’ prior notice of the same and the opportunity to furnish such funds to obtain such discount, rebate or refund on behalf of the Owner. § 6.9.2 Amounts that accrue to the Owner in accordance with the provisions of Section 6.9.1 shall be credited to the Owner as a deduction from the Cost of the Work. § 6.10 Related Party Transactions § 6.10.1 For purposes of Section 6.10, the term "related party" shall mean a parent, subsidiary, affiliate or other entity having common ownership or management with the Construction Manager; any entity in which any stockholder in, or management employee of, the Construction Manager owns any interest in excess of ten percent in the aggregate; or any person or entity which has the right to control the business or affairs of the Construction Manager. The term "related party" includes any member of the immediate family of any person identified above. § 6.10.2 If any of the costs to be reimbursed arise from a transaction between the Construction Manager and a related party, the Construction Manager shall notify the Owner of the specific nature of the contemplated transaction, including the identity of the related party and the anticipated cost to be incurred, before any such transaction is consummated or cost incurred. If the Owner, after such notification, authorizes the proposed transaction, then the cost incurred shall be included as a cost to be reimbursed, and the Construction Manager shall procure the Work, equipment, goods or service from the related party, as a Subcontractor, according to the terms of Sections 2.3.2.1, 2.3.2.2 and 2.3.2.3. If the Owner fails to authorize the transaction, the Construction Manager shall procure the Work, equipment, goods or service from some person or entity other than a related party according to the terms of Sections 2.3.2.1, 2.3.2.2 and 2.3.2.3. § 6.11 Accounting Records The Construction Manager shall keep full and detailed records and accounts related to the cost of the Work and exercise such controls as are consistent with generally accepted accounting principles consistently applied and as may be necessary for proper financial management under this Contract and to substantiate all costs incurred. The accounting and control systems shall be satisfactory to the Owner. The Owner and the Owner’s auditors shall, during regular business hours and upon reasonable notice, be afforded access to, and shall be permitted to audit and copy, the Construction Manager’s records and accounts, including complete documentation supporting accounting entries, books, correspondence, instructions, drawings, receipts, subcontracts, Subcontractor’s proposals, purchase orders, vouchers, memoranda and other data relating to this Contract. The Construction Manager shall preserve these records for a period of three years after final payment, or for such longer period as may be required by law. ARTICLE 7 PAYMENTS FOR CONSTRUCTION PHASE SERVICES § 7.1 Progress Payments § 7.1.1 Based upon Applications for Payment including reasonable supporting documentation submitted to the Architect by the Construction Manager and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Construction Manager as provided below and elsewhere in the Contract Documents. § 7.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: § 7.1.3 Provided that an Application for Payment is received by the Architect not later than the last day of a month, the Owner shall make payment of the certified amount to the Construction Manager not later than the last day of the following month. If an Application for Payment is received by the Architect after the application date fixed above, Init. / AIA Document A133™ – 2009 (formerly A121™CMc – 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:02:31 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1328836723) 16 payment shall be made by the Owner as soon as the necessary approvals can reasonably be attained but not later than Thirty ( 30 ) days after the Owner receives the Application for Payment. (Federal, state or local laws may require payment within a certain period of time.) § 7.1.4 With each Application for Payment, the Construction Manager shall submit Subcontractor’s Application for Payment cover sheet and any other evidence required or requested by the Owner or Architect to demonstrate that cash disbursements already made by the Construction Manager on account of the Cost of the Work equal or exceed progress payments already received by the Construction Manager, less that portion of those payments attributable to the Construction Manager’s Fee, plus payrolls for the period covered by the present Application for Payment. § 7.1.5 Each Application for Payment shall be based on the most recent schedule of values submitted by the Construction Manager in accordance with the Contract Documents. The schedule of values shall allocate the entire Guaranteed Maximum Price among the various portions of the Work, except that the Construction Manager’s Fee shall be shown as a single separate item. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Construction Manager’s Applications for Payment. § 7.1.6 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. The percentage of completion shall be the lesser of (1) the percentage of that portion of the Work which has actually been completed, or (2) the percentage obtained by dividing (a) the expense that has actually been incurred by the Construction Manager on account of that portion of the Work for which the Construction Manager has made or intends to make actual payment prior to the next Application for Payment by (b) the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values. § 7.1.7 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Guaranteed Maximum Price properly allocable to completed Work as determined by multiplying the percentage of completion of each portion of the Work by the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values. Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Section 7.3.9 of AIA Document A201–2007; .2 Add that portion of the Guaranteed Maximum Price properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work, or if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing; .3 Add the Construction Manager’s Fee, less retainage of five percent ( 5.0 %). The Construction Manager’s Fee shall be computed upon the Cost of the Work at the rate stated in Section 5.1 or, if the Construction Manager’s Fee is stated as a fixed sum in that Section, shall be an amount that bears the same ratio to that fixed-sum fee as the Cost of the Work bears to a reasonable estimate of the probable Cost of the Work upon its completion; .4 Subtract retainage of five percent ( 5.0 %) from that portion of the Work that the Construction Manager self-performs; .5 Subtract the aggregate of previous payments made by the Owner; .6 Subtract the shortfall, if any, indicated by the Construction Manager in the documentation required by Section 7.1.4 to substantiate prior Applications for Payment, or resulting from errors subsequently discovered by the Owner’s auditors in such documentation; and .7 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of AIA Document A201–2007, as modified for this Project, and any other amounts properly held by the Owner at the time of each progress payment. § 7.1.8 The Owner and Construction Manager shall agree upon (1) a mutually acceptable procedure for review and approval of payments to Subcontractors and (2) the percentage of retainage held on Subcontracts, and the Construction Manager shall execute subcontracts in accordance with those agreements. Five percent (5%) retainage shall be withheld on all Subcontractors. § 7.1.9 Except with the Owner’s prior approval, the Construction Manager shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. Init. / AIA Document A133™ – 2009 (formerly A121™CMc – 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:02:31 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1328836723) 17 § 7.1.10 In taking action on the Construction Manager’s Applications for Payment, the Architect shall be entitled to rely on the accuracy and completeness of the information furnished by the Construction Manager and shall not be deemed to represent that the Architect has made a detailed examination, audit or arithmetic verification of the documentation submitted in accordance with Section 7.1.4 or other supporting data; that the Architect has made exhaustive or continuous on-site inspections; or that the Architect has made examinations to ascertain how or for what purposes the Construction Manager has used amounts previously paid on account of the Contract. Such examinations, audits and verifications, if required by the Owner, will be performed by the Owner’s auditors acting in the sole interest of the Owner. § 7.2 Final Payment § 7.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Construction Manager when .1 the Construction Manager has fully performed the Contract except for the Construction Manager’s responsibility to correct Work as provided in Section 12.2.2 of AIA Document A201–2007, and to satisfy other requirements, if any, which extend beyond final payment; .2 the Construction Manager has submitted a final accounting for the Cost of the Work and a final Application for Payment; and .3 a final Certificate for Payment has been issued by the Architect. The Owner’s final payment to the Construction Manager shall be made no later than 30 days after the issuance of the Architect’s final Certificate for Payment, or as follows: Upon substantial completion of the work, the owner shall pay the Construction Manager the unpaid balance of the Contract Sum, less one-hundred-fifty percent (150%) of the cost of completing any unfinished items as agreed to between the Owner and Construction Manager as to extent and time for completion. The Owner thereafter shall pay the Construction Manager monthly the amount retained for unfinished items as each item is completed § 7.2.2 The Owner’s auditors will review and report in writing on the Construction Manager’s final accounting within 30 days after delivery of the final accounting to the Architect by the Construction Manager. Based upon such Cost of the Work as the Owner’s auditors report to be substantiated by the Construction Manager’s final accounting, and provided the other conditions of Section 7.2.1 have been met, the Architect will, within seven days after receipt of the written report of the Owner’s auditors, either issue to the Owner a final Certificate for Payment with a copy to the Construction Manager, or notify the Construction Manager and Owner in writing of the Architect’s reasons for withholding a certificate as provided in Section 9.5.1 of the AIA Document A201–2007. The time periods stated in this Section supersede those stated in Section 9.4.1 of the AIA Document A201–2007. The Architect is not responsible for verifying the accuracy of the Construction Manager’s final accounting. § 7.2.3 If the Owner’s auditors report the Cost of the Work as substantiated by the Construction Manager’s final accounting to be less than claimed by the Construction Manager, the Construction Manager shall be entitled to request mediation of the disputed amount without seeking an initial decision pursuant to Section 15.2 of A201–2007. A request for mediation shall be made by the Construction Manager within 30 days after the Construction Manager’s receipt of a copy of the Architect’s final Certificate for Payment. Failure to request mediation within this 30-day period shall result in the substantiated amount reported by the Owner’s auditors becoming binding on the Construction Manager. Pending a final resolution of the disputed amount, the Owner shall pay the Construction Manager the amount certified in the Architect’s final Certificate for Payment. § 7.2.4 If, subsequent to final payment and at the Owner’s request, the Construction Manager incurs costs described in Section 6.1.1 and not excluded by Section 6.8 to correct defective or nonconforming Work, the Owner shall reimburse the Construction Manager such costs and the Construction Manager’s Fee applicable thereto on the same basis as if such costs had been incurred prior to final payment, but not in excess of the Guaranteed Maximum Price. If the Construction Manager has participated in savings as provided in Section 5.2.1, the amount of such savings shall be recalculated and appropriate credit given to the Owner in determining the net amount to be paid by the Owner to the Construction Manager. Init. / AIA Document A133™ – 2009 (formerly A121™CMc – 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:02:31 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1328836723) 18 ARTICLE 8 INSURANCE AND BONDS For all phases of the Project, the Construction Manager and the Owner shall purchase and maintain insurance, and the Construction Manager shall provide bonds as set forth in Article 11 of AIA Document A201–2007. (State bonding requirements, if any, and limits of liability for insurance required in Article 11 of AIA Document A201–2007.) Type of Insurance or Bond Limit of Liability or Bond Amount ($0.00) Workers’ Compensation As mandated by state and federal law. Employers’ Liability $1,000,000.00 Commercial General Liability (incl. Premises-Operations, Independent Contractors’ Protective, Products-Completed Operations, Contractual Liability, Personal Injury and Broad Form Property Damage (incl. coverage for Explosion, Collapse and Underground hazards)) General Aggregate $1,000,000.00 Each Occurrence $2,000,000.00 (w/$10,000,000.00 Umbrella) Personal and Advertising Injury $1,000,000.00 Products-Completed Operations Aggregate $2,000,000.00 Automobile Liability (incl. owned, non-owned and hired vehicles) for bodily injury and property damage) $1,000,000.00 Each Accident (Combined Single Limit) § 8.1 The Owner shall be an additional insured under Construction Manager’s Commercial General Liability policy. § 8.2 INSURANCE REQUIRED OF THE OWNER During both phases of the Project, the Owner shall purchase and maintain liability and property insurance. Such insurance shall be written for not less than the following limits, or greater if required by law: Type of Insurance or Bond Limit of Liability or Bond Amount ($0.00) Property Insurance (Builders, All Risk) Deductible Per Occurrence (Owner Responsibility) Aggregate Deductible (Owner Responsibility) Boiler and Machinery Insurance (If not a blanket policy, list the objects to be insured.) ARTICLE 9 DISPUTE RESOLUTION § 9.1 Any Claim between the Owner and Construction Manager shall be resolved in accordance with the provisions set forth in this Article 9 and Article 15 of A201–2007. However, for Claims arising from or relating to the Construction Manager’s Preconstruction Phase services, no decision by the Initial Decision Maker shall be required as a condition precedent to mediation or binding dispute resolution, and Section 9.3 of this Agreement shall not apply. § 9.2 The parties shall endeavor to resolve their disputes by mediation which, unless the parties mutually agree otherwise shall be administered by the parties. A request for mediation shall be made in writing and delivered to the other party to the Contract. The request may be made concurrently with the filing of litigation, but in the event litigation is filed, the mediation shall proceed in advance of litigation, which shall be stayed pending mediation. Written agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. For any Claim subject to, but not resolved by mediation, the method of binding dispute resolution shall be as follows: Init. / AIA Document A133™ – 2009 (formerly A121™CMc – 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:02:31 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1328836723) 19 [ X ]Litigation in a court of competent jurisdiction. Any Mediation or trial arising out of or relating to the Contract shall be commenced and conducted in Ada County, Idaho. § 9.3 Initial Decision Maker The Architect will serve as the Initial Decision Maker pursuant to Section 15.2 of AIA Document A201–2007 for Claims arising from or relating to the Construction Manager’s Construction Phase services, unless the parties appoint below another individual, not a party to the Agreement, to serve as the Initial Decision Maker. (If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if other than the Architect.) ARTICLE 10 TERMINATION OR SUSPENSION § 10.1 Termination Prior to Establishment of the Guaranteed Maximum Price § 10.1.1 Prior to the execution of the Guaranteed Maximum Price Amendment, the Owner may terminate this Agreement upon not less than seven days’ written notice to the Construction Manager for the Owner’s convenience and without cause, and the Construction Manager may terminate this Agreement, upon not less than seven days’ written notice to the Owner, for the reasons set forth in Section 14.1.1 of A201–2007. § 10.1.2 In the event of termination of this Agreement pursuant to Section 10.1.1, the Construction Manager shall be equitably compensated for Preconstruction Phase services performed prior to receipt of a notice of termination. In no event shall the Construction Manager’s compensation under this Section exceed the compensation set forth in Section 4.1. § 10.1.3 If the Owner terminates the Contract pursuant to Section 10.1.1 after the commencement of the Construction Phase but prior to the execution of the Guaranteed Maximum Price Amendment, the Owner shall pay to the Construction Manager an amount calculated as follows, which amount shall be in addition to any compensation paid to the Construction Manager under Section 10.1.2: .1 Take the Cost of the Work incurred by the Construction Manager to the date of termination; .2 Add the Construction Manager’s Fee computed upon the Cost of the Work to the date of termination at the rate stated in Section 5.1 or, if the Construction Manager’s Fee is stated as a fixed sum in that Section, an amount that bears the same ratio to that fixed-sum Fee as the Cost of the Work at the time of termination bears to a reasonable estimate of the probable Cost of the Work upon its completion; and .3 Subtract the aggregate of previous payments made by the Owner for Construction Phase services. The Owner shall also pay the Construction Manager fair compensation, either by purchase or rental at the election of the Owner, for any equipment owned by the Construction Manager which the Owner elects to retain and which is not otherwise included in the Cost of the Work under Section 10.1.3.1. To the extent that the Owner elects to take legal assignment of subcontracts and purchase orders (including rental agreements), the Construction Manager shall, as a condition of receiving the payments referred to in this Article 10, execute and deliver all such papers and take all such steps, including the legal assignment of such subcontracts and other contractual rights of the Construction Manager, as the Owner may require for the purpose of fully vesting in the Owner the rights and benefits of the Construction Manager under such subcontracts or purchase orders. All Subcontracts, purchase orders and rental agreements entered into by the Construction Manager will contain provisions allowing for assignment to the Owner as described above. If the Owner accepts assignment of subcontracts, purchase orders or rental agreements as described above, the Owner will reimburse or indemnify the Construction Manager for all costs arising under the subcontract, purchase order or rental agreement, if those costs would have been reimbursable as Cost of the Work if the contract had not been terminated. If the Owner chooses not to accept assignment of any subcontract, purchase order or rental agreement that would have constituted a Cost of the Work had this agreement not been terminated, the Construction Manager will terminate the subcontract, purchase order or rental agreement and the Owner will pay the Construction Manager the costs necessarily incurred by the Construction Manager because of such termination. Init. / AIA Document A133™ – 2009 (formerly A121™CMc – 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:02:31 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1328836723) 20 § 10.2 Termination Subsequent to Establishing Guaranteed Maximum Price Following execution of the Guaranteed Maximum Price Amendment and subject to the provisions of Section 10.2.1 and 10.2.2 below, the Contract may be terminated as provided in Article 14 of AIA Document A201–2007. § 10.2.1 If the Owner terminates the Contract after execution of the Guaranteed Maximum Price Amendment, the amount payable to the Construction Manager pursuant to Sections 14.2 and 14.4 of A201–2007 shall not exceed the amount the Construction Manager would otherwise have received pursuant to Sections 10.1.2 and 10.1.3 of this Agreement. § 10.2.2 If the Construction Manager terminates the Contract after execution of the Guaranteed Maximum Price Amendment, the amount payable to the Construction Manager under Section 14.1.3 of A201–2007 shall not exceed the amount the Construction Manager would otherwise have received under Sections 10.1.2 and 10.1.3 above, except that the Construction Manager’s Fee shall be calculated as if the Work had been fully completed by the Construction Manager, utilizing as necessary a reasonable estimate of the Cost of the Work for Work not actually completed. § 10.3 Suspension The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201–2007, as modified for this Project. In such case, the Guaranteed Maximum Price and Contract Time shall be increased as provided in Section 14.3.2 of AIA Document A201–2007, as modified for this Project, except that the term "profit" shall be understood to mean the Construction Manager’s Fee as described in Sections 5.1 and 5.3.5 of this Agreement. ARTICLE 11 MISCELLANEOUS PROVISIONS § 11.1 Terms in this Agreement shall have the same meaning as those in A201–2007, as modified for this Project. § 11.2 Ownership and Use of Documents Section 1.5 of A201–2007 shall apply to both the Preconstruction and Construction Phases. § 11.3 Governing Law Section 13.1 of A201–2007, as modified for this Project, shall apply to both the Preconstruction and Construction Phases. § 11.4 Assignment The Owner and Construction Manager, respectively, bind themselves, their agents, successors, assigns and legal representatives to this Agreement. Neither the Owner nor the Construction Manager shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner’s rights and obligations under this Agreement. Except as provided in Section 13.2.2 of A201–2007, as modified for this Project, neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. § 11.5 Other provisions: § 11.5.1 Owner shall have the right to directly communicate with any person or entity related to the Project about any matter, whether or not such matter is related to the Project; provided, however, binding communications under this Agreement shall only be made through the proper protocols set forth in this Agreement. Owner shall not interfere with the Construction Manager’s coordination of its Subcontractors and Suppliers. Construction Manager shall not prohibit, limit or condition any employee or subcontractor of any tier, or any other person, from separately communicating with Owner for any matter or purpose, whether or not such matter is related to the Project, except where Owner has interfered with Construction Manager’s coordination and management of its Subcontractors or Suppliers § 11.5.2 In the event of any controversy, claim or action being filed or instituted between the parties to interpret or enforce the terms of this Agreement or arising from the breach of any provision hereof (whether sounding in tort, Init. / AIA Document A133™ – 2009 (formerly A121™CMc – 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:02:31 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1328836723) 21 contract or otherwise), the prevailing party shall be entitled to receive from the other party reasonable attorneys’ fees, court costs, expert witness fees and other costs and expenses of such action in any appeal there from. ARTICLE 12 SCOPE OF THE AGREEMENT § 12.1 This Agreement represents the entire and integrated agreement between the Owner and the Construction Manager and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Construction Manager. § 12.2 The following documents comprise the Agreement: .1 AIA Document A133–2009, Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price, as modified for this Project. .2 AIA Document A201–2007, General Conditions of the Contract for Construction, as modified for this Project. .3 AIA Document A133 – 2009, Exhibit A, Guaranteed Maximum Price Amendment to be executed at a later date after the project has been bid out. .4 (Paragraphs deleted) Other documents: (List other documents, if any, forming part of the Agreement.) This Agreement is entered into as of the day and year first written above. OWNER (Signature)CONSTRUCTION MANAGER (Signature) Joe Jackson, Vice President (Printed name and title)(Printed name and title) Additions and Deletions Report for AIA® Document A133TM – 2009 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 13:02:31 on 07/13/2018. Additions and Deletions Report for AIA Document A133™ – 2009 (formerly A121™CMc – 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:02:31 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1328836723) 1 PAGE 1 AGREEMENT made as of the 22nd day of March in the year 2018 … City of Meridian 33 East Broadway Avenue Meridian, ID 83642 … Engineered Structures, Inc 3330 East Louise Drive, Ste. 300 Meridian, ID 83642 … Meridian Fire Station #6 Overland Road and Locust Grove Meridian, ID The Architect:Architects: (Name, legal status and address) Rice Fergus Miller 275 Fifth Street, Ste 100, Bremerton, WA 98337 Pivot North Architecture 1101 West Grove Street, Boise, ID 83702 … Charlie Butterfield City of Meridian 33 East Broadway Avenue Meridian, ID 83642 Telephone: 208-888-4433 Fax: 208-887-4813 PAGE 2 Joe Jackson, Vice President of Operations Engineered Structures, Inc. 3330 East Louise Drive, Ste. 300 Additions and Deletions Report for AIA Document A133™ – 2009 (formerly A121™CMc – 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:02:31 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1328836723) 2 Meridian, ID 83642 Telephone Number: 208-362-3040 Fax Number: 208-362-3113 Email Address: joejackson@esiconstruction.com … David Fergus Rice Fergus Miller … Gunner Gladics Pivot North Architecture PAGE 3 12 SCOPE OF THE AGREEMENT EXHIBIT A GUARANTEED MAXIMUM PRICE AMENDMENT … The Construction Manager accepts the relationship of trust and confidence established between it and the Owner by this Agreement and covenants with the Owner to cooperate with the Architect and exercise the Construction Manager’s best skill and judgment in furthering the interests of the Owner; to furnish efficient construction administration, management services and supervision; to furnish at all times an adequate supply of workers and materials; to use its best efforts to manage the Project in the best and most sound way; and to perform the Work in an expeditious and economical manner consistent with the Owner’s interests. The Construction Manager acknowledges that it owes a contractual duty to the Owner for all of its construction management services in connection with the Project. The Construction Manager covenants and represents that it has the professional expertise, manpower, and capacity to undertake successfully the services that it shall provide herein to satisfactorily manage and complete the Project. The Owner agrees to furnish or approve, in a timely manner, information required by the Construction Manager and to make payments to the Construction Manager in accordance with the requirements of the Contract Documents. … For the Preconstruction Phase, AIA Document A201™–2007, General Conditions of the Contract for Construction, as revised for this project, shall apply only as specifically provided in this Agreement. For the Construction Phase, the general conditions of the contract shall be as set forth in A201–2007, as revised for this project, which document is incorporated herein by reference. The term "Contractor" as used in A201–2007 shall mean the Construction Manager. PAGE 4 § 2.1.2.1 In conjunction with the Architect and Owner, the Construction Manager will develop a formal comprehensive management and scope of Work plan. The Owner will decide whether to make Project changes. § 2.1.2.2 The Construction Manager will review the design and make suggestions to the Owner as to value engineering, constructability, suitability of materials and equipment, scheduling, time, methods and sequence of construction, clarity, consistency and coordination of documentation, to reduce project construction cost, to reduce operational costs or to improve the life of the building. The Owner will decide whether to make Project changes. However, the Construction Manager is not a licensed design professional and assumes no responsibility for the design of the Project or the design of the approved manufacturing systems (such as trusses and fire protection systems). Except as otherwise set forth in this Contract, any suggestions by the Construction Manager to modify the design of the Project to reduce costs will be based on Construction Manager’s knowledge and experience as a construction contractor and Construction Manager, and not as a design professional. Additions and Deletions Report for AIA Document A133™ – 2009 (formerly A121™CMc – 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:02:31 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1328836723) 3 § 2.1.2.3 The Construction Manager shall develop, in coordination with Owner, a system for tracking project costs and cash flow. § 2.1.2.4 The Construction Manager shall attend and, if requested by Owner, schedule and lead periodic project meetings and special meetings for the exchange of information concerning the project, and review of design progress, permits and approvals. All meetings shall be held at a location and time convenient to the Owner’s Designated Representative. § 2.1.3 When Project requirements in Section 3.1.1 have been sufficiently identified, the Construction Manager shall prepare and periodically update a Project schedule for the Architect’s review and the Owner’s acceptance. The issuance of a Project schedule shall be a representation and warranty to owner that Construction Manager has thoroughly and carefully examined the Project schedule and found it to be a reasonable and adequate amount of time for Construction Manager to perform the Work, and includes reasonable periods for the review of submittals, tests, inspections and other matters by Owner, Architect and any governmental authorities. The Construction Manager shall obtain the Architect’s approval for the portion of the Project schedule relating to the performance of the Architect’s services. The Project schedule shall coordinate and integrate the Construction Manager’s services, the Architect’s services, other Owner consultants’ services, and the Owner’s responsibilities and identify items that could affect the Project’s timely completion. The updated Project schedule shall include the following: submission of the Guaranteed Maximum Price proposal; components of the Work; times of commencement and completion required of each Subcontractor; ordering and delivery of products, including those that must be ordered well in advance of construction; and the occupancy requirements of the Owner. PAGE 5 § 2.1.5.2 As the Architect progresses with the preparation of the Schematic Design, Design Development and Construction Documents, the Construction Manager shall prepare and update, at appropriate intervals agreed to by the Owner, Construction Manager and Architect, detailed estimates of the Cost of the Work and value engineering analysis of increasing detail and refinement and allowing for the further development of the design until such time as the Owner and Construction Manager agree on a Guaranteed Maximum Price for the Work. Such estimates shall be provided for the Architect’s review and the Owner’s approval. The Construction Manager shall inform the Owner and Architect when estimates of the Cost of the Work exceed the latest approved Project budget and make recommendations for corrective action. § 2.1.5.3 Owner may require additional cost estimates to confirm budget due to modification made via design workshops, and the Construction Manager shall work with the Architect to reconcile any differences. … The Construction Manager shall seek to develop bidders’ interest in the Project. The Construction Manager shall develop the scope of work and prepare bid packages in concert with the Architect (Owner will provide a template for the bid packages) for each trade to be bid and participate in the prequalification and qualification of each of the Subcontractors and Sub-subcontractors as defined by law. … The Construction Manager shall comply with applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities applicable to its performance under this Contract, and with equal employment opportunity programs, and other programs as may be required by governmental and quasi governmental quasi-governmental authorities for inclusion in the Contract Documents. PAGE 6 § 2.2.8 The Owner shall authorize the Architect to provide the revisions to the Drawings and Specifications to incorporate the agreed upon agreed-upon assumptions and clarifications contained in the Guaranteed Maximum Price Amendment. The Owner shall promptly furnish those revised Drawings and Specifications to the Construction Manager as they are revised. The Construction Manager shall notify the Owner and Architect of any inconsistencies between the Guaranteed Maximum Price Amendment and the revised Drawings and Specifications. … Additions and Deletions Report for AIA Document A133™ – 2009 (formerly A121™CMc – 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:02:31 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1328836723) 4 § 2.2.10 The Construction Manager’s submittal of the Guaranteed Maximum Price proposal for the Owner’s review and acceptance shall constitute Construction Manager’s representation and warranty to Owner that it has carefully and thoroughly examined the Contract Documents and found them to be reasonably coordinated, complete and suitable for construction of the Work in the Contract Time and for the Guaranteed Maximum Price. PAGE 7 § 2.3.1.3 The Contract Time shall be measured from the date of Commencement. § 2.3.1.4 The Construction Manager shall achieve Substantial Completion of the entire Work no later than Twelve (12) months from notice to proceed. The construction schedule will be added by Amendment at such time when enough information is available to accurately project the construction schedule. § 2.3.2.1 Those portions of the Work that the Construction Manager does not customarily perform with the Construction Manager’s own personnel shall be performed under subcontracts or by other appropriate agreements with the Construction Manager. The Owner may designate specific persons from whom, or entities from which, the Construction Manager shall obtain bids. Construction Manager may provide a self-performing bid for specific scope(s) of work. The Construction Manager shall obtain bids from Subcontractors and from suppliers of materials or equipment fabricated especially for the Work and shall deliver such bids to the Architect. The Owner shall then determine, with the advice of the Construction Manager and the Architect, which bids will be accepted. Architect and Owner. The Construction Manager shall not be required to contract with anyone to whom the Construction Manager has reasonable objection. … § 2.3.2.3 Subcontracts or other agreements shall conform to the applicable payment provisions of this Agreement, and shall not be awarded on the basis of cost plus a fee without the prior consent of the Owner. If the Subcontract is awarded on a cost plus fee basis, the Construction Manager shall provide in the Subcontract for the Owner to receive the same audit rights with regard to the Subcontractor as the Owner receives with regard to the Construction Manager in Section 6.11 below.Deleted § 2.3.2.4 If the The Construction Manager recommends may recommend a specific bidder that may be considered a "related party" according to Section 6.10, then the Construction Manager shall promptly notify the Owner in writing of such relationship and notify the Owner of so long as the Construction Manager notifies the Owner of such relationship and the specific nature of the contemplated transaction, according to Section 6.10.2. … § 2.3.2.7.1 The Construction Manager shall develop and implement a change order control system. § 2.3.2.7.2 The Construction Manager shall establish and implement a Quality Control program including monitoring the quality programs of all Subcontractors. § 2.3.2.7.3 The Construction Manager shall monitor closely the progress of construction of each subcontractor, prepare a construction schedule report at least monthly and, if and as necessary, prepare and submit recovery schedules. § 2.3.2.7.4 The Construction Manager shall furnish monthly reports concerning the progress of the work which address: (a) compliance with the construction schedule, (b) status of testing and inspection activities performed by the Construction Manager and Subcontractors, (c) status of shop drawings and submittals, (d) status of change orders, and (e) other matters relating to the progress of work as directed by Owner. § 2.3.2.9 The Construction Manager shall be available to meet with the Owner as shall be reasonably scheduled by the Owner’s designated representative. The Construction Manager shall attend, and, if requested by Owner, shall schedule and lead, regular project and construction progress meetings, and conduct regular meetings at the site with Additions and Deletions Report for AIA Document A133™ – 2009 (formerly A121™CMc – 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:02:31 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1328836723) 5 each Subcontractor. All meetings shall be held at a location and time convenient to the Owner’s Designated Representative. § 2.3.2.10 The Construction Manager shall assume responsibility for project safety in accordance with OSHA requirements. § 2.3.2.11 The Construction Manager will work with the Owner to coordinate scheduling, installation of furniture, fixtures and equipment to be installed by Owner. The Construction Manager will work with the Owner to schedule, stage, and move Owner’s personnel and operations into the building in an organized and systematic manner, so as to minimize personnel down-time. § 2.3.2.12 The Construction Manager shall implement procedures for reviewing and processing requests for information or clarifications and interpretations of the Contract Documents; shop drawings, samples, and all other submittals, contract schedule adjustments, change order proposals, proposals for substitutions, payment applications, as-built drawings, and maintenance of logs using the internet-based project management software. PAGE 8 § 3.1.2 Prior to the execution of the Guaranteed Maximum Price Amendment, the Construction Manager may request in writing that the Owner provide reasonable evidence that the Owner has made financial arrangements to fulfill the Owner’s obligations under the Contract. Thereafter, the Construction Manager may only request such evidence if (1) the Owner fails to make payments to the Construction Manager as the Contract Documents require, (2) a change in the Work materially changes the Contract Sum, or (3) the Construction Manager identifies in writing a reasonable concern regarding the Owner’s ability to make payment when due. The Owner shall furnish such evidence as a condition precedent to commencement or continuation of the Work or the portion of the Work affected by a material change. After the Owner furnishes the evidence, the Owner shall not materially vary such financial arrangements without prior notice to the Construction Manager and Architect. Deleted … § 3.1.4 Structural and Environmental Tests, Surveys and Reports. During Upon the reasonable request of the Construction Manager during the Preconstruction Phase, the Owner shall furnish the following information or services with reasonable promptness. promptness and at the Owner’s expense. The Owner shall also furnish any other information or services under the Owner’s control and relevant to the Construction Manager’s performance of the Work with reasonable promptness after receiving the Construction Manager’s written request for such information or services. The Construction Manager shall be entitled to rely on the accuracy of information and services furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. PAGE 9 The Owner shall retain an Architect to provide services, duties and responsibilities as described in AIA Document B133™–2014, Standard Form of Agreement Between Owner and Architect, Construction Manager as Constructor Edition. as modified for this Project. The Owner shall provide the Construction Manager a copy of the executed agreement between the Owner and the Architect, and any further modifications to the agreement. … Lump sum value of Twenty-Five Thousand and no/100 Dollars ($25,000.00) This lump sum value represents 50% of the total estimated preconstruction cost on the understanding that both the Meridian & Caldwell Fire Stations proceed through the Preconstruction Phase Schedule as identified in 4.1.3. If both stations do not move forward in conjunction with each other the preconstruction phase fee will be equitably adjusted per 4.1.4 to address increased proportional costs of Owner for Preconstruction services performed on a faster track than the Caldwell Fire Station. § 4.1.3 If the Preconstruction Phase services covered by this Agreement have not been completed within eight ( 8 ) months of the date of this Agreement, through no fault of the Construction Manager, the Construction Manager’s compensation for Preconstruction Phase services shall be equitably adjusted. Owner and Construction Manager agree to the following schedule: Additions and Deletions Report for AIA Document A133™ – 2009 (formerly A121™CMc – 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:02:31 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1328836723) 6 - 100% SDs – 7/6/18 - 100%DDs – 8/20/18 - 50% CDs – 10/31/18 - 100% CDs – 1/4/19 - Project Out to Bid – 1/7/19 - Bid Opening – 1/29/19 - Construction Start – 3/4/19 - Project Completion – 2/28/20 PAGE 10 § 4.2.2 Payments are due and payable upon presentation Net 30 days of City’s receipt of the Construction Manager’s invoice. Amounts unpaid Thirty ( 30 ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Construction Manager. (Insert rate of monthly or annual interest agreed upon.) % NA … Four and Three-Quarters Percent (4.75%) … Four and Three-Quarters Percent (4.75%) … Ten Percent (10%) Overhead on direct cost of work and Five Percent (5%) Fee on direct cost of work. § 5.1.4 Rental rates for Construction Manager-owned equipment shall not exceed seventy-five percent ( 75 %) of the standard rate paid at the place of the Project. § 5.1.5 Unit prices, if any: N/A PAGE 11 Item Units and Limitations Price per Unit ($0.00) … (Insert specific provisions if the Construction Manager is to participate in any savings.) The savings shall be the difference as of the date of Final Completion of the Work between (1) the sum of the Cost of Work and the Contractor’s Fee and (2) the Guaranteed Maximum Price. All savings shall be to the benefit of the Owner. … § 5.2.2.1 The Estimated Cost of the Work shall include the CM/GC’s contingency, a sum established the CM/GC for the G/CM’s exclusive use to cover additional development of Plans and Specifications and unforeseen costs which are properly reimbursable as Cost of the Work but which are not the basis for a Change Order. The CM/GC’s Contingency is assigned for use by the CM/GC to pay for project issues that are with in control such as subcontractor coordination, insufficient coordination of the design drawings, unforeseeable general conditions expenses, buy-out error, and scope gaps. It may also be used for some issues beyond the CM/GC’s control such as lost time, increases in bid contracts, subcontractor failure, and expediting costs for critical materials. CM/GC’s contingency is not available for Owner directed design or scope changes and unforeseen or differing site conditions. CM/GC Contingency costs will be reviewed monthly by the Owner for conformance with the contract. Damaged, non-conforming or Additions and Deletions Report for AIA Document A133™ – 2009 (formerly A121™CMc – 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:02:31 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1328836723) 7 out-of-sequence work does not constitute a change order, is not an addition to the cost of work and may not be paid for out of CM/GC Contingency. Under no circumstances will any project funds be used for acts of negligence or violations of statutes. PAGE 12 § 6.1.1.1 Costs as defined herein shall be actual costs paid by the Construction Manager, less all discounts, rebates, and salvages that shall be taken by the Construction Manager, subject to Article 6.9 of this Agreement. All payments made by the Owner pursuant to this Article 6, whether those payments are actually made before or after the execution of the Contract, are included within the Guaranteed Maximum Price specified in Paragraph 5.2 above; provided, however, that in no event shall the Owner be required to reimburse the Construction Manager for any portion of the Cost of the Work incurred prior to the Commencement Date unless the Construction Manager has received the Owner’s written consent prior to incurring such cost. § 6.1.1.2 Notwithstanding the breakdown or categorization of any costs to be reimbursed in this Article 6 or elsewhere in the Contract Documents, there shall be no duplication of payment in the event any particular item for which payment is requested can be characterized as falling into more than one of the types of compensable or reimbursable categories. … § 6.2.1 Wages of construction workers directly employed by the Construction Manager to perform the construction of the Work at the site or, with the Owner’s prior approval, at off-site workshops.locations. § 6.2.2 Wages or salaries of the Construction Manager’s supervisory and administrative personnel when stationed at the site with the Owner’s prior approval. (If it is intended that the wages or salaries of certain personnel stationed at the Construction Manager’s principal or other offices shall be included in the Cost of the Work, identify in Section 11.5, the personnel to be included, whether for all or only part of their time, and the rates at which their time will be charged to the Work.)assigned to the Project and/or who perform tasks specifically related to the Project. Project Manager hourly rate - $69.00 Estimator hourly rate - $70.00 Assistant Project Manager hourly rate - $53.00 Project Coordinator hourly rate $32.00 Project Engineer hourly rate - $58.00 Superintendent hourly rate - $88.00 PAGE 13 § 6.6.1 Premiums for that portion of insurance and bonds required by the Contract Documents that can be directly attributed to this Contract. Reimbursable costs associated with Subcontractor-provided bonds are subject to the limitations set forth in Article 11 of AIA Document A201-2007. Self-insurance for either full or partial amounts of the coverages required by the Contract Documents, with the Owner’s prior approval. Insurance coverages provided by Construction Manager and outlined in Section 8 of this Agreement shall be charged at the rate of .838%, calculated on the direct cost of work. Builders Risk insurance is not included; however if Owner elects Construction Manager to provide Builders Risk insurance, Construction Manager to provide alternate pricing for this cost. PAGE 14 § 6.6.9 Subject to the Owner’s prior approval, expenses incurred in accordance with the Construction Manager’s standard written personnel policy for relocation and temporary living allowances of the Construction Manager’s personnel required for the Work. … Additions and Deletions Report for AIA Document A133™ – 2009 (formerly A121™CMc – 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:02:31 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1328836723) 8 § 6.7.3 Costs of repairing or correcting damaged or nonconforming Work executed by the Construction Manager, Subcontractors or suppliers, provided that such damaged or nonconforming Work was not caused by negligence or failure to fulfill a specific responsibility of the Construction Manager and only to the extent that the cost of repair or correction is not recovered by the Construction Manager from insurance, sureties, Subcontractors, suppliers, or others.others; provided that any absence of collectible insurance is not due to the Construction Manager’s breach of any contract for insurance. PAGE 15 § 6.9.1 Cash discounts obtained on payments made by the Construction Manager shall accrue to the Owner if (1) before making the payment, the Construction Manager included them in an Application for Payment and received payment from the Owner, or (2) the Owner has deposited funds with the Construction Manager with which to make payments; otherwise, cash discounts shall accrue to the Construction Manager. Trade discounts, rebates, refunds and amounts received from sales of surplus materials and equipment shall accrue to the Owner, and the Construction Manager shall make provisions so that they can be obtained. The Construction Manager shall not obtain for its own benefit any discounts, rebates or refunds in connection with the Work prior to providing the Owner with at least seven (7) days’ prior notice of the same and the opportunity to furnish such funds to obtain such discount, rebate or refund on behalf of the Owner. … The Construction Manager shall keep full and detailed records and accounts related to the cost of the Work and exercise such controls as are consistent with generally accepted accounting principles consistently applied and as may be necessary for proper financial management under this Contract and to substantiate all costs incurred. The accounting and control systems shall be satisfactory to the Owner. The Owner and the Owner’s auditors shall, during regular business hours and upon reasonable notice, be afforded access to, and shall be permitted to audit and copy, the Construction Manager’s records and accounts, including complete documentation supporting accounting entries, books, correspondence, instructions, drawings, receipts, subcontracts, Subcontractor’s proposals, purchase orders, vouchers, memoranda and other data relating to this Contract. The Construction Manager shall preserve these records for a period of three years after final payment, or for such longer period as may be required by law. … § 7.1.1 Based upon Applications for Payment including reasonable supporting documentation submitted to the Architect by the Construction Manager and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Construction Manager as provided below and elsewhere in the Contract Documents. … § 7.1.3 Provided that an Application for Payment is received by the Architect not later than the last day of a month, the Owner shall make payment of the certified amount to the Construction Manager not later than the last day of the following month. If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner as soon as the necessary approvals can reasonably be attained but not later than Thirty ( 30 ) days after the Architect Owner receives the Application for Payment. PAGE 16 § 7.1.4 With each Application for Payment, the Construction Manager shall submit payrolls, petty cash accounts, receipted invoices or invoices with check vouchers attached, and any other evidence required Subcontractor’s Application for Payment cover sheet and any other evidence required or requested by the Owner or Architect to demonstrate that cash disbursements already made by the Construction Manager on account of the Cost of the Work equal or exceed progress payments already received by the Construction Manager, less that portion of those payments attributable to the Construction Manager’s Fee, plus payrolls for the period covered by the present Application for Payment. … Additions and Deletions Report for AIA Document A133™ – 2009 (formerly A121™CMc – 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:02:31 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1328836723) 9 .3 Add the Construction Manager’s Fee, less retainage of five percent ( 5.0 %). The Construction Manager’s Fee shall be computed upon the Cost of the Work at the rate stated in Section 5.1 or, if the Construction Manager’s Fee is stated as a fixed sum in that Section, shall be an amount that bears the same ratio to that fixed-sum fee as the Cost of the Work bears to a reasonable estimate of the probable Cost of the Work upon its completion; .4 Subtract retainage of five percent ( 5.0 %) from that portion of the Work that the Construction Manager self-performs; … .7 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of AIA Document A201–2007.A201–2007, as modified for this Project, and any other amounts properly held by the Owner at the time of each progress payment. § 7.1.8 The Owner and Construction Manager shall agree upon (1) a mutually acceptable procedure for review and approval of payments to Subcontractors and (2) the percentage of retainage held on Subcontracts, and the Construction Manager shall execute subcontracts in accordance with those agreements. Five percent (5%) retainage shall be withheld on all Subcontractors. PAGE 17 Upon substantial completion of the work, the owner shall pay the Construction Manager the unpaid balance of the Contract Sum, less one-hundred-fifty percent (150%) of the cost of completing any unfinished items as agreed to between the Owner and Construction Manager as to extent and time for completion. The Owner thereafter shall pay the Construction Manager monthly the amount retained for unfinished items as each item is completed PAGE 18 Workers’ Compensation As mandated by state and federal law. Employers’ Liability $1,000,000.00 Commercial General Liability (incl. Premises-Operations, Independent Contractors’ Protective, Products-Completed Operations, Contractual Liability, Personal Injury and Broad Form Property Damage (incl. coverage for Explosion, Collapse and Underground hazards)) General Aggregate $1,000,000.00 Each Occurrence $2,000,000.00 (w/$10,000,000.00 Umbrella) Personal and Advertising Injury $1,000,000.00 Products-Completed Operations Aggregate $2,000,000.00 Automobile Liability (incl. owned, non-owned and hired vehicles) for bodily injury and property damage) $1,000,000.00 Each Accident (Combined Single Limit) § 8.1 The Owner shall be an additional insured under Construction Manager’s Commercial General Liability policy. § 8.2 INSURANCE REQUIRED OF THE OWNER During both phases of the Project, the Owner shall purchase and maintain liability and property insurance. Such insurance shall be written for not less than the following limits, or greater if required by law: Type of Insurance or Bond Limit of Liability or Bond Amount ($0.00) Property Insurance (Builders, All Risk) Deductible Per Occurrence (Owner Responsibility) Aggregate Deductible (Owner Responsibility) Boiler and Machinery Insurance (If not a blanket policy, list the objects to be insured.) Additions and Deletions Report for AIA Document A133™ – 2009 (formerly A121™CMc – 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:02:31 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1328836723) 10 … § 9.2 The parties shall endeavor to resolve their disputes by mediation which, unless the parties mutually agree otherwise shall be administered by the parties. A request for mediation shall be made in writing and delivered to the other party to the Contract. The request may be made concurrently with the filing of litigation, but in the event litigation is filed, the mediation shall proceed in advance of litigation, which shall be stayed pending mediation. Written agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. For any Claim subject to, but not resolved by mediation pursuant to Section 15.3 of AIA Document A201–2007, mediation, the method of binding dispute resolution shall be as follows: (Check the appropriate box. If the Owner and Construction Manager do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court of competent jurisdiction.) [ ]Arbitration pursuant to Section 15.4 of AIA Document A201–2007 [ X ]Litigation in a court of competent jurisdiction [ ]Other: (Specify)jurisdiction. Any Mediation or trial arising out of or relating to the Contract shall be commenced and conducted in Ada County, Idaho. PAGE 20 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201–2007. A201–2007, as modified for this Project. In such case, the Guaranteed Maximum Price and Contract Time shall be increased as provided in Section 14.3.2 of AIA Document A201–2007, as modified for this Project, except that the term "profit" shall be understood to mean the Construction Manager’s Fee as described in Sections 5.1 and 5.3.5 of this Agreement. … § 11.1 Terms in this Agreement shall have the same meaning as those in A201–2007.A201–2007, as modified for this Project. … Section 13.1 of A201–2007 A201–2007, as modified for this Project, shall apply to both the Preconstruction and Construction Phases. … The Owner and Construction Manager, respectively, bind themselves, their agents, successors, assigns and legal representatives to this Agreement. Neither the Owner nor the Construction Manager shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner’s rights and obligations under this Agreement. Except as provided in Section 13.2.2 of A201–2007, as modified for this Project, neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. … § 11.5.1 Owner shall have the right to directly communicate with any person or entity related to the Project about any matter, whether or not such matter is related to the Project; provided, however, binding communications under this Agreement shall only be made through the proper protocols set forth in this Agreement. Owner shall not interfere with the Construction Manager’s coordination of its Subcontractors and Suppliers. Construction Manager shall not prohibit, limit or condition any employee or subcontractor of any tier, or any other person, from separately communicating with Owner for any matter or purpose, whether or not such matter is related to the Project, except where Owner has interfered with Construction Manager’s coordination and management of its Subcontractors or Suppliers Additions and Deletions Report for AIA Document A133™ – 2009 (formerly A121™CMc – 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:02:31 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1328836723) 11 § 11.5.2 In the event of any controversy, claim or action being filed or instituted between the parties to interpret or enforce the terms of this Agreement or arising from the breach of any provision hereof (whether sounding in tort, contract or otherwise), the prevailing party shall be entitled to receive from the other party reasonable attorneys’ fees, court costs, expert witness fees and other costs and expenses of such action in any appeal there from. PAGE 21 .1 AIA Document A133–2009, Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum PricePrice, as modified for this Project. .2 AIA Document A201–2007, General Conditions of the Contract for ConstructionConstruction, as modified for this Project. .3 AIA Document E201™–2007, Digital Data Protocol Exhibit, if completed, or the following: A133 – 2009, Exhibit A, Guaranteed Maximum Price Amendment to be executed at a later date after the project has been bid out. … .4 AIA Document E202™–2008, Building Information Modeling Protocol Exhibit, if completed, or the following: .5 Other documents: … Joe Jackson, Vice President AIA Document D401™ – 2003. Copyright © 1992 and 2003 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:02:31 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1328836723) 1 Certification of Document’s Authenticity AIA® Document D401™ – 2003 I, , hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 13:02:31 on 07/13/2018 under Order No. 9838311733 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA® Document A133™ – 2009, Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price, as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. _____________________________________________________________ (Signed) _____________________________________________________________ (Title) _____________________________________________________________ (Dated) Document A201TM – 2007 General Conditions of the Contract for Construction Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:10:45 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1380729961) 1 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. for the following PROJECT: (Name and location or address) Meridian Fire Station #6 Overland Road and Locust Grove Meridian, ID THE OWNER: (Name, legal status and address) City of Meridian 33 East Broadway Avenue Meridian, ID 83642 THE ARCHITECT: (Name, legal status and address) Rice Fergus Miller275 Fifth Street, Ste 100 Bremerton, WA Pivot North Architecture 1101 W Grove Street, Boise, ID TABLE OF ARTICLES 1 GENERAL PROVISIONS 2 OWNER 3 CONTRACTOR 4 ARCHITECT 5 SUBCONTRACTORS 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 7 CHANGES IN THE WORK 8 TIME 9 PAYMENTS AND COMPLETION 10 PROTECTION OF PERSONS AND PROPERTY 11 INSURANCE AND BONDS 12 UNCOVERING AND CORRECTION OF WORK 13 MISCELLANEOUS PROVISIONS 14 TERMINATION OR SUSPENSION OF THE CONTRACT 15 CLAIMS AND DISPUTES Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:10:45 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1380729961) 2 INDEX (Topics and numbers in bold are section headings.) Acceptance of Nonconforming Work 9.6.6, 9.9.3, 12.3 Acceptance of Work 9.6.6, 9.8.2, 9.9.3, 9.10.1, 9.10.3, 12.3 Access to Work 3.16, 6.2.1, 12.1 Accident Prevention 10 Acts and Omissions 3.2, 3.3.2, 3.12.8, 3.18, 4.2.3, 8.3.1, 9.5.1, 10.2.5, 10.2.8, 13.4.2, 13.7, 14.1, 15.2 Addenda 1.1.1, 3.11 Additional Costs, Claims for 3.7.4, 3.7.5, 6.1.1, 7.3.7.5, 10.3, 15.1.4 Additional Inspections and Testing 9.4.2, 9.8.3, 12.2.1, 13.5 Additional Insured 11.1.4 Additional Time, Claims for 3.2.4, 3.7.4, 3.7.5, 3.10.2, 8.3.2, 15.1.5 Administration of the Contract 3.1.3, 4.2, 9.4, 9.5 Advertisement or Invitation to Bid 1.1.1 Aesthetic Effect 4.2.13 Allowances 3.8, 7.3.8 All-risk Insurance 11.3.1, 11.3.1.1 Applications for Payment 4.2.5, 7.3.9, 9.2, 9.3, 9.4, 9.5.1, 9.6.3, 9.7, 9.10, 11.1.3 Approvals 2.1.1, 2.2.2, 2.4, 3.1.3, 3.10.2, 3.12.8, 3.12.9, 3.12.10, 4.2.7, 9.3.2, 13.5.1 Arbitration 8.3.1, 11.3.10, 13.1 ARCHITECT 4 Architect, Definition of 4.1.1 Architect, Extent of Authority 2.4, 3.12.7, 4.1, 4.2, 5.2, 6.3, 7.1.2, 7.3.7, 7.4, 9.2, 9.3.1, 9.4, 9.5, 9.6.3, 9.8, 9.10.1, 9.10.3, 12.1, 12.2.1, 13.5.1, 13.5.2, 14.2.2, 14.2.4, 15.1.3, 15.2.1 Architect, Limitations of Authority and Responsibility 2.1.1, 3.12.4, 3.12.8, 3.12.10, 4.1.2, 4.2.1, 4.2.2, 4.2.3, 4.2.6, 4.2.7, 4.2.10, 4.2.12, 4.2.13, 5.2.1, 7.4, 9.4.2, 9.5.3, 9.6.4, 15.1.3, 15.2 Architect’s Additional Services and Expenses 2.4, 11.3.1.1, 12.2.1, 13.5.2, 13.5.3, 14.2.4 Architect’s Administration of the Contract 3.1.3, 4.2, 3.7.4, 15.2, 9.4.1, 9.5 Architect’s Approvals 2.4, 3.1.3, 3.5, 3.10.2, 4.2.7 Architect’s Authority to Reject Work 3.5, 4.2.6, 12.1.2, 12.2.1 Architect’s Copyright 1.1.7, 1.5 Architect’s Decisions 3.7.4, 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 4.2.14, 6.3, 7.3.7, 7.3.9, 8.1.3, 8.3.1, 9.2, 9.4.1, 9.5, 9.8.4, 9.9.1, 13.5.2, 15.2, 15.3 Architect’s Inspections 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 13.5 Architect’s Instructions 3.2.4, 3.3.1, 4.2.6, 4.2.7, 13.5.2 Architect’s Interpretations 4.2.11, 4.2.12 Architect’s Project Representative 4.2.10 Architect’s Relationship with Contractor 1.1.2, 1.5, 3.1.3, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, 3.5, 3.7.4, 3.7.5, 3.9.2, 3.9.3, 3.10, 3.11, 3.12, 3.16, 3.18, 4.1.2, 4.1.3, 4.2, 5.2, 6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5, 9.7, 9.8, 9.9, 10.2.6, 10.3, 11.3.7, 12, 13.4.2, 13.5, 15.2 Architect’s Relationship with Subcontractors 1.1.2, 4.2.3, 4.2.4, 4.2.6, 9.6.3, 9.6.4, 11.3.7 Architect’s Representations 9.4.2, 9.5.1, 9.10.1 Architect’s Site Visits 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 13.5 Asbestos 10.3.1 Attorneys’ Fees 3.18.1, 9.10.2, 10.3.3 Award of Separate Contracts 6.1.1, 6.1.2 Award of Subcontracts and Other Contracts for Portions of the Work 5.2 Basic Definitions 1.1 Bidding Requirements 1.1.1, 5.2.1, 11.4.1 Binding Dispute Resolution 9.7, 11.3.9, 11.3.10, 13.1, 15.2.5, 15.2.6.1, 15.3.1, 15.3.2, Boiler and Machinery Insurance 11.3.2 Bonds, Lien 7.3.7.4, 9.10.2, 9.10.3 Bonds, Performance, and Payment 7.3.7.4, 9.6.7, 9.10.3, 11.3.9, 11.4 Building Permit 3.7.1 Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:10:45 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1380729961) 3 Capitalization 1.3 Certificate of Substantial Completion 9.8.3, 9.8.4, 9.8.5 Certificates for Payment 4.2.1, 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7, 9.10.1, 9.10.3, 14.1.1.3, 14.2.4, 15.1.3 Certificates of Inspection, Testing or Approval 13.5.4 Certificates of Insurance 9.10.2, 11.1.3 Change Orders 1.1.1, 2.4, 3.4.2, 3.7.4, 3.8.2.3, 3.11, 3.12.8, 4.2.8, 5.2.3, 7.1.2, 7.1.3, 7.2, 7.3.2, 7.3.6, 7.3.9, 7.3.10, 8.3.1, 9.3.1.1, 9.10.3, 10.3.2, 11.3.1.2, 11.3.4, 11.3.9, 12.1.2, 15.1.3 Change Orders, Definition of 7.2.1 CHANGES IN THE WORK 2.2.1, 3.11, 4.2.8, 7, 7.2.1, 7.3.1, 7.4, 8.3.1, 9.3.1.1, 11.3.9 Claims, Definition of 15.1.1 CLAIMS AND DISPUTES 3.2.4, 6.1.1, 6.3, 7.3.9, 9.3.3, 9.10.4, 10.3.3, 15 Claims (Paragraphs deleted) for Additional Cost 3.2.4, 3.7.4, 6.1.1, 7.3.9, 10.3.2, 15.1.4 Claims for Additional Time 3.2.4, 3.7.4, 6.1.1, 8.3.2, 10.3.2, 15.1.5 Concealed or Unknown Conditions, Claims for 3.7.4 Claims for Damages 3.2.4, 3.18, 6.1.1, 8.3.3, 9.5.1, 9.6.7, 10.3.3, 11.1.1, 11.3.5, 11.3.7, 14.1.3, 14.2.4, 15.1.6 Claims Subject to Arbitration 15.3.1 Cleaning Up 3.15, 6.3 Commencement of the Work, Conditions Relating to 2.2.1, 3.2.2, 3.4.1, 3.7.1, 3.10.1, 3.12.6, 5.2.1, 5.2.3, 6.2.2, 8.1.2, 8.2.2, 8.3.1, 11.1, 11.3.1, 11.3.6, 11.4.1, 15.1.4 Commencement of the Work, Definition of 8.1.2 Communications Facilitating Contract Administration 3.9.1, 4.2.4 Completion, Conditions Relating to 3.4.1, 3.11, 3.15, 4.2.2, 4.2.9, 8.2, 9.4.2, 9.8, 9.9.1, 9.10, 12.2, 13.7, 14.1.2 COMPLETION, PAYMENTS AND 9 Completion, Substantial 4.2.9, 8.1.1, 8.1.3, 8.2.3, 9.4.2, 9.8, 9.9.1, 9.10.3, 12.2, 13.7 Compliance with Laws 1.6, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 4.1.1, 9.6.4, 10.2.2, 11.1, 11.3, 13.1, 13.4, 13.5.1, 13.5.2, 13.6, 14.1.1, 14.2.1.3, 15.2.8 Concealed or Unknown Conditions 3.7.4, 4.2.8, 8.3.1, 10.3 Conditions of the Contract 1.1.1, 6.1.1, 6.1.4 Consent, Written 3.4.2, 3.7.4, 3.12.8, 3.14.2, 4.1.2, 9.3.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3, 11.3.1, 13.2, 13.4.2 (Paragraphs deleted) CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 1.1.4, 6 Construction Change Directive, Definition of 7.3.1 Construction Change Directives 1.1.1, 3.4.2, 3.12.8, 4.2.8, 7.1.1, 7.1.2, 7.1.3, 7.3, 9.3.1.1 Construction Schedules, Contractor’s 3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.5.2 Contingent Assignment of Subcontracts 5.4, 14.2.2.2 Continuing Contract Performance 15.1.3 Contract, Definition of 1.1.2 CONTRACT, TERMINATION OR SUSPENSION OF THE 5.4.1.1, 11.3.9, 14 Contract Administration 3.1.3, 4, 9.4, 9.5 Contract Award and Execution, Conditions Relating to 3.7.1, 3.10, 5.2, 6.1, 11.1.3, 11.3.6, 11.4.1 Contract Documents, Copies Furnished and Use of 1.5.2, 2.2.5, 5.3 Contract Documents, Definition of 1.1.1 Contract Sum 3.7.4, 3.8, 5.2.3, 7.2, 7.3, 7.4, 9.1, 9.4.2, 9.5.1.4, 9.6.7, 9.7, 10.3.2, 11.3.1, 14.2.4, 14.3.2, 15.1.4, 15.2.5 Contract Sum, Definition of 9.1 Contract Time 3.7.4, 3.7.5, 3.10.2, 5.2.3, 7.2.1.3, 7.3.1, 7.3.5, 7.4, 8.1.1, 8.2.1, 8.3.1, 9.5.1, 9.7, 10.3.2, 12.1.1, 14.3.2, 15.1.5.1, 15.2.5 Contract Time, Definition of 8.1.1 CONTRACTOR 3 Contractor, Definition of 3.1, 6.1.2 Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:10:45 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1380729961) 4 Contractor’s Construction Schedules 3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.5.2 Contractor’s Employees 3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, 10.3, 11.1.1, 11.3.7, 14.1, 14.2.1.1 Contractor’s Liability Insurance 11.1 Contractor’s Relationship with Separate Contractors and Owner’s Forces 3.12.5, 3.14.2, 4.2.4, 6, 11.3.7, 12.1.2, 12.2.4 Contractor’s Relationship with Subcontractors 1.2.2, 3.3.2, 3.18.1, 3.18.2, 5, 9.6.2, 9.6.7, 9.10.2, 11.3.1.2, 11.3.7, 11.3.8 Contractor’s Relationship with the Architect 1.1.2, 1.5, 3.1.3, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, 3.5, 3.7.4, 3.10, 3.11, 3.12, 3.16, 3.18, 4.1.3, 4.2, 5.2, 6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5, 9.7, 9.8, 9.9, 10.2.6, 10.3, 11.3.7, 12, 13.5, 15.1.2, 15.2.1 Contractor’s Representations 3.2.1, 3.2.2, 3.5, 3.12.6, 6.2.2, 8.2.1, 9.3.3, 9.8.2 Contractor’s Responsibility for Those Performing the Work 3.3.2, 3.18, 5.3, 6.1.3, 6.2, 9.5.1, 10.2.8 Contractor’s Review of Contract Documents 3.2 Contractor’s Right to Stop the Work 9.7 Contractor’s Right to Terminate the Contract 14.1, 15.1.6 Contractor’s Submittals 3.10, 3.11, 3.12.4, 4.2.7, 5.2.1, 5.2.3, 9.2, 9.3, 9.8.2, 9.8.3, 9.9.1, 9.10.2, 9.10.3, 11.1.3, 11.4.2 Contractor’s Superintendent 3.9, 10.2.6 Contractor’s Supervision and Construction Procedures 1.2.2, 3.3, 3.4, 3.12.10, 4.2.2, 4.2.7, 6.1.3, 6.2.4, 7.1.3, 7.3.5, 7.3.7, 8.2, 10, 12, 14, 15.1.3 Contractual Liability Insurance 11.1.1.8, 11.2 Coordination and Correlation 1.2, 3.2.1, 3.3.1, 3.10, 3.12.6, 6.1.3, 6.2.1 Copies Furnished of Drawings and Specifications 1.5, 2.2.5, 3.11 Copyrights 1.5, 3.17 Correction of Work 2.3, 2.4, 3.7.3, 9.4.2, 9.8.2, 9.8.3, 9.9.1, 12.1.2, 12.2 Correlation and Intent of the Contract Documents 1.2 Cost, Definition of 7.3.7 Costs 2.4, 3.2.4, 3.7.3, 3.8.2, 3.15.2, 5.4.2, 6.1.1, 6.2.3, 7.3.3.3, 7.3.7, 7.3.8, 7.3.9, 9.10.2, 10.3.2, 10.3.6, 11.3, 12.1.2, 12.2.1, 12.2.4, 13.5, 14 Cutting and Patching 3.14, 6.2.5 Damage to Construction of Owner or Separate Contractors 3.14.2, 6.2.4, 10.2.1.2, 10.2.5, 10.4, 11.1.1, 11.3, 12.2.4 Damage to the Work 3.14.2, 9.9.1, 10.2.1.2, 10.2.5, 10.4, 11.3.1, 12.2.4 Damages, Claims for 3.2.4, 3.18, 6.1.1, 8.3.3, 9.5.1, 9.6.7, 10.3.3, 11.1.1, 11.3.5, 11.3.7, 14.1.3, 14.2.4, 15.1.6 Damages for Delay 6.1.1, 8.3.3, 9.5.1.6, 9.7, 10.3.2 Date of Commencement of the Work, Definition of 8.1.2 Date of Substantial Completion, Definition of 8.1.3 Day, Definition of 8.1.4 Decisions of the Architect 3.7.4, 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 15.2, 6.3, 7.3.7, 7.3.9, 8.1.3, 8.3.1, 9.2, 9.4, 9.5.1, 9.8.4, 9.9.1, 13.5.2, 14.2.2, 14.2.4, 15.1, 15.2 Decisions to Withhold Certification 9.4.1, 9.5, 9.7, 14.1.1.3 Defective or Nonconforming Work, Acceptance, Rejection and Correction of 2.3, 2.4, 3.5, 4.2.6, 6.2.5, 9.5.1, 9.5.2, 9.6.6, 9.8.2, 9.9.3, 9.10.4, 12.2.1 Definitions 1.1, 2.1.1, 3.1.1, 3.5, 3.12.1, 3.12.2, 3.12.3, 4.1.1, 15.1.1, 5.1, 6.1.2, 7.2.1, 7.3.1, 8.1, 9.1, 9.8.1 Delays and Extensions of Time 3.2, 3.7.4, 5.2.3, 7.2.1, 7.3.1, 7.4, 8.3, 9.5.1, 9.7, 10.3.2, 10.4, 14.3.2, 15.1.5, 15.2.5 Disputes 6.3, 7.3.9, 15.1, 15.2 Documents and Samples at the Site 3.11 Drawings, Definition of 1.1.5 Drawings and Specifications, Use and Ownership of 3.11 Effective Date of Insurance 8.2.2, 11.1.2 Emergencies 10.4, 14.1.1.2, 15.1.4 Employees, Contractor’s 3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, 10.3.3, 11.1.1, 11.3.7, 14.1, 14.2.1.1 Equipment, Labor, Materials or 1.1.3, 1.1.6, 3.4, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3.15.1, 4.2.6, 4.2.7, 5.2.1, 6.2.1, 7.3.7, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2 Execution and Progress of the Work 1.1.3, 1.2.1, 1.2.2, 2.2.3, 2.2.5, 3.1, 3.3.1, 3.4.1, 3.5, Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:10:45 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1380729961) 5 3.7.1, 3.10.1, 3.12, 3.14, 4.2, 6.2.2, 7.1.3, 7.3.5, 8.2, 9.5.1, 9.9.1, 10.2, 10.3, 12.2, 14.2, 14.3.1, 15.1.3 Extensions of Time 3.2.4, 3.7.4, 5.2.3, 7.2.1, 7.3, 7.4, 9.5.1, 9.7, 10.3.2, 10.4, 14.3, 15.1.5, 15.2.5 Failure of Payment 9.5.1.3, 9.7, 9.10.2, 13.6, 14.1.1.3, 14.2.1.2 Faulty Work (See Defective or Nonconforming Work) Final Completion and Final Payment 4.2.1, 4.2.9, 9.8.2, 9.10, 11.1.2, 11.1.3, 11.3.1, 11.3.5, 12.3, 14.2.4, 14.4.3 Financial Arrangements, Owner’s 2.2.1, 13.2.2, 14.1.1.4 Fire and Extended Coverage Insurance 11.3.1.1 GENERAL PROVISIONS 1 Governing Law 13.1 Guarantees (See Warranty) Hazardous Materials 10.2.4, 10.3 Identification of Subcontractors and Suppliers 5.2.1 Indemnification 3.17, 3.18, 9.10.2, 10.3.3, 10.3.5, 10.3.6, 11.3.1.2, 11.3.7 Information and Services Required of the Owner 2.1.2, 2.2, 3.2.2, 3.12.4, 3.12.10, 6.1.3, 6.1.4, 6.2.5, 9.6.1, 9.6.4, 9.9.2, 9.10.3, 10.3.3, 11.2, 11.4, 13.5.1, 13.5.2, 14.1.1.4, 14.1.4, 15.1.3 Initial Decision 15.2 Initial Decision Maker, Definition of 1.1.8 Initial Decision Maker, Decisions 14.2.2, 14.2.4, 15.2.1, 15.2.2, 15.2.3, 15.2.4, 15.2.5 Initial Decision Maker, Extent of Authority 14.2.2, 14.2.4, 15.1.3, 15.2.1, 15.2.2, 15.2.3, 15.2.4, 15.2.5 Injury or Damage to Person or Property 10.2.8, 10.4 Inspections 3.1.3, 3.3.3, 3.7.1, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 12.2.1, 13.5 Instructions to Bidders 1.1.1 Instructions to the Contractor 3.2.4, 3.3.1, 3.8.1, 5.2.1, 7, 8.2.2, 12, 13.5.2 Instruments of Service, Definition of 1.1.7 Insurance 3.18.1, 6.1.1, 7.3.7, 9.3.2, 9.8.4, 9.9.1, 9.10.2, 11 Insurance, Boiler and Machinery 11.3.2 Insurance, Contractor’s Liability 11.1 Insurance, Effective Date of 8.2.2, 11.1.2 Insurance, Loss of Use 11.3.3 Insurance, Owner’s Liability 11.2 Insurance, Property 10.2.5, 11.3 Insurance, Stored Materials 9.3.2 INSURANCE AND BONDS 11 Insurance Companies, Consent to Partial Occupancy 9.9.1 Intent of the Contract Documents 1.2.1, 4.2.7, 4.2.12, 4.2.13, 7.4 Interest 13.6 Interpretation 1.2.3, 1.4, 4.1.1, 5.1, 6.1.2, 15.1.1 Interpretations, Written 4.2.11, 4.2.12, 15.1.4 Labor and Materials, Equipment 1.1.3, 1.1.6, 3.4, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3.15.1, 4.2.6, 4.2.7, 5.2.1, 6.2.1, 7.3.7, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2 Labor Disputes 8.3.1 Laws and Regulations 1.5, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 4.1.1, 9.6.4, 9.9.1, 10.2.2, 11.1.1, 11.3, 13.1, 13.4, 13.5.1, 13.5.2, 13.6, 14, 15.2.8 Liens 2.1.2, 9.3.3, 9.10.2, 9.10.4, 15.2.8 Limitations, Statutes of 12.2.5, 13.7 Limitations of Liability 2.3, 3.2.2, 3.5, 3.12.10, 3.17, 3.18.1, 4.2.6, 4.2.7, 4.2.12, 6.2.2, 9.4.2, 9.6.4, 9.6.7, 10.2.5, 10.3.3, 11.1.2, 11.2, 11.3.7, 12.2.5, 13.4.2 Limitations of Time 2.1.2, 2.2, 2.4, 3.2.2, 3.10, 3.11, 3.12.5, 3.15.1, 4.2.7, 5.2, 5.3, 5.4.1, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3.1, 9.3.3, 9.4.1, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 11.1.3, 11.3.1.5, 11.3.6, 11.3.10, 12.2, 13.5, 13.7, 14, 15 Loss of Use Insurance 11.3.3 Material Suppliers 1.5, 3.12.1, 4.2.4, 4.2.6, 5.2.1, 9.3, 9.4.2, 9.6, 9.10.5 Materials, Hazardous 10.2.4, 10.3 Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:10:45 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1380729961) 6 Materials, Labor, Equipment and 1.1.3, 1.1.6, 1.5.1, 3.4.1, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3.15.1, 4.2.6, 4.2.7, 5.2.1, 6.2.1, 7.3.7, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1.2, 10.2.4, 14.2.1.1, 14.2.1.2 Means, Methods, Techniques, Sequences and Procedures of Construction 3.3.1, 3.12.10, 4.2.2, 4.2.7, 9.4.2 Mechanic’s Lien 2.1.2, 15.2.8 Mediation 8.3.1, 10.3.5, 10.3.6, 15.2.1, 15.2.5, 15.2.6, 15.3 Minor Changes in the Work 1.1.1, 3.12.8, 4.2.8, 7.1, 7.4 MISCELLANEOUS PROVISIONS 13 Modifications, Definition of 1.1.1 Modifications to the Contract 1.1.1, 1.1.2, 3.11, 4.1.2, 4.2.1, 5.2.3, 7, 8.3.1, 9.7, 10.3.2, 11.3.1 Mutual Responsibility 6.2 Nonconforming Work, Acceptance of 9.6.6, 9.9.3, 12.3 Nonconforming Work, Rejection and Correction of 2.3, 2.4, 3.5, 4.2.6, 6.2.4, 9.5.1, 9.8.2, 9.9.3, 9.10.4, 12.2.1 Notice 2.2.1, 2.3, 2.4, 3.2.4, 3.3.1, 3.7.2, 3.12.9, 5.2.1, 9.7, 9.10, 10.2.2, 11.1.3, 12.2.2.1, 13.3, 13.5.1, 13.5.2, 14.1, 14.2, 15.2.8 Notice, Written 2.3, 2.4, 3.3.1, 3.9.2, 3.12.9, 3.12.10, 5.2.1, 9.7, 9.10, 10.2.2, 10.3, 11.1.3, 11.3.6, 12.2.2.1, 13.3, 14, 15.2.8 Notice of Claims 3.7.4, 10.2.8, 15.1.2 Notice of Testing and Inspections 13.5.1, 13.5.2 Observations, Contractor’s 3.2, 3.7.4 Occupancy 2.2.2, 9.6.6, 9.8, 11.3.1.5 Order of Precedence 1.7 Orders, Written 1.1.1, 2.3, 3.9.2, 7, 8.2.2, 11.3.9, 12.1, 12.2.2.1, 13.5.2, 14.3.1 OWNER 2 Owner, Definition of 2.1.1 Owner, Information and Services Required of the 2.1.2, 2.2, 3.2.2, 3.12.10, 6.1.3, 6.1.4, 6.2.5, 9.3.2, 9.6.1, 9.6.4, 9.9.2, 9.10.3, 10.3.3, 11.2, 11.3, 13.5.1, 13.5.2, 14.1.1.4, 14.1.4, 15.1.3 Owner’s Authority 1.5, 2.1.1, 2.3, 2.4, 3.4.2, 3.8.1, 3.12.10, 3.14.2, 4.1.2, 4.1.3, 4.2.4, 4.2.9, 5.2.1, 5.2.4, 5.4.1, 6.1, 6.3, 7.2.1, 7.3.1, 8.2.2, 8.3.1, 9.3.1, 9.3.2, 9.5.1, 9.6.4, 9.9.1, 9.10.2, 10.3.2, 11.1.3, 11.3.3, 11.3.10, 12.2.2, 12.3, 13.2.2, 14.3, 14.4, 15.2.7 Owner’s Financial Capability 2.2.1, 13.2.2, 14.1.1.4 Owner’s Liability Insurance 11.2 Owner’s Relationship with Subcontractors 1.1.2, 5.2, 5.3, 5.4, 9.6.4, 9.10.2, 14.2.2 Owner’s Right to Carry Out the Work 2.4, 14.2.2 Owner’s Right to Clean Up 6.3 Owner’s Right to Perform Construction and to Award Separate Contracts 6.1 Owner’s Right to Stop the Work 2.3 Owner’s Right to Suspend the Work 14.3 Owner’s Right to Terminate the Contract 14.2 Ownership and Use of Drawings, Specifications and Other Instruments of Service 1.1.1, 1.1.6, 1.1.7, 1.5, 2.2.5, 3.2.2, 3.11, 3.17, 4.2.12, 5.3 Partial Occupancy or Use 9.6.6, 9.9, 11.3.1.5 Parties Relations 1.1.9 Patching, Cutting and 3.14, 6.2.5 Patents 3.17 Payment, Applications for 4.2.5, 7.3.9, 9.2, 9.3, 9.4, 9.5, 9.6.3, 9.7, 9.8.5, 9.10.1, 14.2.3, 14.2.4, 14.4.3 Payment, Certificates for 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7, 9.10.1, 9.10.3, 13.7, 14.1.1.3, 14.2.4 Payment, Failure of 9.5.1.3, 9.7, 9.10.2, 13.6, 14.1.1.3, 14.2.1.2 Payment, Final 4.2.1, 4.2.9, 9.8.2, 9.10, 11.1.2, 11.1.3, 11.4.1, 12.3, 13.7, 14.2.4, 14.4.3 Payment Bond, Performance Bond and 7.3.7.4, 9.6.7, 9.10.3, 11.4 Payments, Progress 9.3, 9.6, 9.8.5, 9.10.3, 13.6, 14.2.3, 15.1.3 PAYMENTS AND COMPLETION 9 Payments to Subcontractors 5.4.2, 9.5.1.3, 9.6.2, 9.6.3, 9.6.4, 9.6.7, 14.2.1.2 Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:10:45 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1380729961) 7 PCB 10.3.1 Performance Bond and Payment Bond 7.3.7.4, 9.6.7, 9.10.3, 11.4 Permits, Fees, Notices and Compliance with Laws 2.2.2, 3.7, 3.13, 7.3.7.4, 10.2.2 PERSONS AND PROPERTY, PROTECTION OF 10 Polychlorinated Biphenyl 10.3.1 Product Data, Definition of 3.12.2 Product Data and Samples, Shop Drawings 3.11, 3.12, 4.2.7 Progress and Completion 4.2.2, 8.2, 9.8, 9.9.1, 14.1.4, 15.1.3 Progress Payments 9.3, 9.6, 9.8.5, 9.10.3, 13.6, 14.2.3, 15.1.3 Project, Definition of 1.1.4 Project Representatives 4.2.10 Property Insurance 10.2.5, 11.3 PROTECTION OF PERSONS AND PROPERTY 10 Regulations and Laws 1.5, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 4.1.1, 9.6.4, 9.9.1, 10.2.2, 11.1, 11.4, 13.1, 13.4, 13.5.1, 13.5.2, 13.6, 14, 15.2.8 Rejection of Work 3.5, 4.2.6, 12.2.1 Releases and Waivers of Liens 9.10.2 Representations 3.2.1, 3.5, 3.12.6, 6.2.2, 8.2.1, 9.3.3, 9.4.2, 9.5.1, 9.8.2, 9.10.1 Representatives 2.1.1, 3.1.1, 3.9, 4.1.1, 4.2.1, 4.2.2, 4.2.10, 5.1.1, 5.1.2, 13.2.1 Responsibility for Those Performing the Work 3.3.2, 3.18, 4.2.3, 5.3, 6.1.3, 6.2, 6.3, 9.5.1, 10 Retainage 9.3.1, 9.6.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3 Review of Contract Documents and Field Conditions by Contractor 3.2, 3.12.7, 6.1.3 Review of Contractor’s Submittals by Owner and Architect 3.10.1, 3.10.2, 3.11, 3.12, 4.2, 5.2, 6.1.3, 9.2, 9.8.2 Review of Shop Drawings, Product Data and Samples by Contractor 3.12 Rights and Remedies 1.1.2, 2.3, 2.4, 3.5, 3.7.4, 3.15.2, 4.2.6, 5.3, 5.4, 6.1, 6.3, 7.3.1, 8.3, 9.5.1, 9.7, 10.2.5, 10.3, 12.2.2, 12.2.4, 13.4, 14 Royalties, Patents and Copyrights 3.17 (Paragraph deleted) Safety of Persons and Property 10.2, 10.4 Safety Precautions and Programs 3.3.1, 4.2.2, 4.2.7, 5.3, 10.1, 10.2, 10.4 Samples, Definition of 3.12.3 Samples, Shop Drawings, Product Data and 3.11, 3.12, 4.2.7 Samples at the Site, Documents and 3.11 Schedule of Values 9.2, 9.3.1 Schedules, Construction 3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.5.2 Separate Contracts and Contractors 1.1.4, 3.12.5, 3.14.2, 4.2.4, 4.2.7, 6, 8.3.1, 12.1.2 Shop Drawings, Definition of 3.12.1 Shop Drawings, Product Data and Samples 3.11, 3.12, 4.2.7 Site, Use of 3.13, 6.1.1, 6.2.1 Site Inspections 3.2.2, 3.3.3, 3.7.1, 3.7.4, 4.2, 9.4.2, 9.10.1, 13.5 Site Visits, Architect’s 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 13.5 Special Inspections and Testing 4.2.6, 12.2.1, 13.5 Specifications, Definition of 1.1.6 Specifications 1.1.1, 1.1.6, 1.2.2, 1.5, 3.11, 3.12.10, 3.17, 4.2.14 Statute of Limitations 13.7 Stopping the Work 2.3, 9.7, 10.3, 14.1 Stored Materials 6.2.1, 9.3.2, 10.2.1.2, 10.2.4 Subcontractor, Definition of 5.1.1 SUBCONTRACTORS 5 Subcontractors, Work by 1.2.2, 3.3.2, 3.12.1, 4.2.3, 5.2.3, 5.3, 5.4, 9.3.1.2, 9.6.7 Subcontractual Relations 5.3, 5.4, 9.3.1.2, 9.6, 9.10, 10.2.1, 14.1, 14.2.1 Submittals 3.10, 3.11, 3.12, 4.2.7, 5.2.1, 5.2.3, 7.3.7, 9.2, 9.3, 9.8, 9.9.1, 9.10.2, 9.10.3, 11.1.3 Submittal Schedule 3.10.2, 3.12.5, 4.2.7 Subrogation, Waivers of 6.1.1, 11.3.7 Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:10:45 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1380729961) 8 Substantial Completion 4.2.9, 8.1.1, 8.1.3, 8.2.3, 9.4.2, 9.8, 9.9.1, 9.10.3, 12.2, 13.7 Substantial Completion, Definition of 9.8.1 Substitution of Subcontractors 5.2.3, 5.2.4 Substitution of Architect 4.1.3 Substitutions of Materials 3.4.2, 3.5, 7.3.8 Sub-subcontractor, Definition of 5.1.2 Subsurface Conditions 3.7.4 Successors and Assigns 13.2 Superintendent 3.9, 10.2.6 Supervision and Construction Procedures 1.2.2, 3.3, 3.4, 3.12.10, 4.2.2, 4.2.7, 6.1.3, 6.2.4, 7.1.3, 7.3.7, 8.2, 8.3.1, 9.4.2, 10, 12, 14, 15.1.3 Surety 5.4.1.2, 9.8.5, 9.10.2, 9.10.3, 14.2.2, 15.2.7 Surety, Consent of 9.10.2, 9.10.3 Surveys 2.2.3 Suspension by the Owner for Convenience 14.3 Suspension of the Work 5.4.2, 14.3 Suspension or Termination of the Contract 5.4.1.1, 14 Taxes 3.6, 3.8.2.1, 7.3.7.4 Termination by the Contractor 14.1, 15.1.6 Termination by the Owner for Cause 5.4.1.1, 14.2, 15.1.6 Termination by the Owner for Convenience 14.4 Termination of the Architect 4.1.3 Termination of the Contractor 14.2.2 TERMINATION OR SUSPENSION OF THE CONTRACT 14 Tests and Inspections 3.1.3, 3.3.3, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 10.3.2, 11.4.1, 12.2.1, 13.5 TIME 8 Time, Delays and Extensions of 3.2.4, 3.7.4, 5.2.3, 7.2.1, 7.3.1, 7.4, 8.3, 9.5.1, 9.7, 10.3.2, 10.4, 14.3.2, 15.1.5, 15.2.5 Time Limits 2.1.2, 2.2, 2.4, 3.2.2, 3.10, 3.11, 3.12.5, 3.15.1, 4.2, 5.2, 5.3, 5.4, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3.1, 9.3.3, 9.4.1, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 11.1.3, 12.2, 13.5, 13.7, 14, 15.1.2 Time Limits on Claims 3.7.4, 10.2.8, 13.7, 15.1.2 Title to Work 9.3.2, 9.3.3 Transmission of Data in Digital Form 1.6 UNCOVERING AND CORRECTION OF WORK 12 Uncovering of Work 12.1 Unforeseen Conditions, Concealed or Unknown 3.7.4, 8.3.1, 10.3 Unit Prices 7.3.3.2, 7.3.4 Use of Documents 1.1.1, 1.5, 2.2.5, 3.12.6, 5.3 Use of Site 3.13, 6.1.1, 6.2.1 Values, Schedule of 9.2, 9.3.1 Waiver of Claims by the Architect 13.4.2 Waiver of Claims by the Contractor 9.10.5, 13.4.2, 15.1.6 Waiver of Claims by the Owner 9.9.3, 9.10.3, 9.10.4, 12.2.2.1, 13.4.2, 14.2.4, 15.1.6 Waiver of Consequential Damages 14.2.4, 15.1.6 Waiver of Liens 9.10.2, 9.10.4 Waivers of Subrogation 6.1.1, 11.3.7 Warranty 3.5, 4.2.9, 9.3.3, 9.8.4, 9.9.1, 9.10.4, 12.2.2, 13.7 Weather Delays 15.1.5.2 Work, Definition of 1.1.3 Written Consent 1.5.2, 3.4.2, 3.7.4, 3.12.8, 3.14.2, 4.1.2, 9.3.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3, 11.4.1, 13.2, 13.4.2 Written Interpretations 4.2.11, 4.2.12 Written Notice 2.3, 2.4, 3.3.1, 3.9, 3.12.9, 3.12.10, 5.2.1, 8.2.2, 9.7, 9.10, 10.2.2, 10.3, 11.1.3, 12.2.2, 12.2.4, 13.3, 14 Written Orders 1.1.1, 2.3, 3.9, 7, 8.2.2, 12.1, 12.2, 13.5.2, 14.3.1, 15.1.2 Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:10:45 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1380729961) 9 ARTICLE 1 GENERAL PROVISIONS § 1.1 BASIC DEFINITIONS § 1.1.1 THE CONTRACT DOCUMENTS The Contract Documents are enumerated in the Agreement between the Owner and Contractor (hereinafter the Agreement) and consist of the Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of the Contract, other documents listed in the Agreement and Modifications issued after execution of the Contract. A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Work issued by the Architect. Unless specifically enumerated in the Agreement, the Contract Documents do not include the advertisement or invitation to bid, Instructions to Bidders, sample forms, other information furnished by the Owner in anticipation of receiving bids or proposals, the Contractor’s bid or proposal, or portions of Addenda relating to bidding requirements. § 1.1.2 THE CONTRACT The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contractual relationship of any kind (1) between the Contractor and the Architect or the Architect’s consultants, (2) between the Owner and a Subcontractor or a Sub-subcontractor, (3) between the Owner and the Architect or the Architect’s consultants or (4) between any persons or entities other than the Owner and the Contractor. The Architect shall, however, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Architect’s duties. § 1.1.3 THE WORK The term "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor’s obligations. The Work may constitute the whole or a part of the Project. § 1.1.4 THE PROJECT The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by the Owner and by separate contractors. § 1.1.5 THE DRAWINGS The Drawings are the graphic and pictorial portions of the Contract Documents showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, schedules and diagrams. § 1.1.6 THE SPECIFICATIONS The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment, systems, standards and workmanship for the Work, and performance of related services. § 1.1.7 INSTRUMENTS OF SERVICE Instruments of Service are representations, in any medium of expression now known or later developed, of the tangible and intangible creative work performed by the Architect and the Architect’s consultants under their respective professional services agreements. Instruments of Service may include, without limitation, studies, surveys, models, sketches, drawings, specifications, and other similar materials. § 1.1.8 INITIAL DECISION MAKER The Initial Decision Maker is the person identified in the Agreement to render initial decisions on Claims in accordance with Section 15.2 and certify termination of the Agreement under Section 14.2.2. § 1.1.9 PARTIES RELATIONS Owner, Architect and Contractor agree to proceed with the Work on the basis of mutual trust, good faith and fair dealing. § 1.2 CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS § 1.2.1 The Contract Documents shall include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:10:45 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1380729961) 10 required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. § 1.2.2 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. § 1.2.3 Unless otherwise stated in the Contract Documents, words that have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. § 1.3 CAPITALIZATION Terms capitalized in these General Conditions include those that are (1) specifically defined, (2) the titles of numbered articles or (3) the titles of other documents published by the American Institute of Architects. § 1.4 INTERPRETATION In the interest of brevity the Contract Documents frequently omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. § 1.4.1 In the event of conflicts, inconsistencies, discrepancies or ambiguities between or among the Contract Documents not resolved by Addenda, interpretations shall be based on the following order of precedence: .1 Modifications of the Agreement, with those of later date having precedence over those of earlier date, .2 The Agreement; .3 These Terms and Conditions .4 Addenda, with those of later date having precedence over those of earlier date; .5 The Drawings, with those in larger scale having precedence over those in smaller scale, and with notes and schedules thereon having precedence over the remainder of the drawings; and .6 The Specifications. § 1.5 OWNERSHIP AND USE OF DRAWINGS, SPECIFICATIONS AND OTHER INSTRUMENTS OF SERVICE § 1.5.1 The Architect and the Architect’s consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and will retain all common law, statutory and other reserved rights, including copyrights. The Contractor, Subcontractors, Sub-subcontractors, and material or equipment suppliers shall not own or claim a copyright in the Instruments of Service. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with this Project is not to be construed as publication in derogation of the Architect’s or Architect’s consultants’ reserved rights. § 1.5.2 The Contractor, Subcontractors, Sub-subcontractors and material or equipment suppliers are authorized to use and reproduce the Instruments of Service provided to them solely and exclusively for execution of the Work. All copies made under this authorization shall bear the copyright notice, if any, shown on the Instruments of Service. The Contractor, Subcontractors, Sub-subcontractors, and material or equipment suppliers may not use the Instruments of Service on other projects or for additions to this Project outside the scope of the Work without the specific written consent of the Owner, Architect and the Architect’s consultants. § 1.6 TRANSMISSION OF DATA IN DIGITAL FORM If the parties intend to transmit Instruments of Service or any other information or documentation in digital form, they shall endeavor to establish necessary protocols governing such transmissions, unless otherwise already provided in the Agreement or the Contract Documents. ARTICLE 2 OWNER § 2.1 GENERAL § 2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The Owner shall designate in writing a representative who shall have express authority to bind the Owner with respect to all matters requiring the Owner’s approval, agreement, or authorization. Except as otherwise provided in Section 4.2.1, the Architect does not have such authority. The term "Owner" means the Owner or the Owner’s authorized representative. Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:10:45 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1380729961) 11 § 2.1.2 The Owner shall furnish to the Contractor within fifteen days after receipt of a written request, information reasonably necessary and relevant for the Contractor to evaluate, give notice of or enforce mechanic’s lien rights. Such information shall include a correct statement of the record legal title to the property on which the Project is located, usually referred to as the site, and the Owner’s interest therein. § 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER § 2.2.1 Prior to commencement of the Work, the Contractor may request in writing that the Owner provide reasonable evidence that the Owner has made financial arrangements to fulfill the Owner’s obligations under the Contract. Thereafter, the Contractor may only request such evidence if (1) the Owner fails to make payments to the Contractor as the Contract Documents require; (2) a change in the Work materially changes the Contract Sum; or (3) the Contractor identifies in writing a reasonable concern regarding the Owner’s ability to make payment when due. The Owner shall furnish such evidence as a condition precedent to commencement or continuation of the Work or the portion of the Work affected by a material change. After the Owner furnishes the evidence, the Owner shall not materially vary such financial arrangements without prior notice to the Contractor. § 2.2.2 Except for permits and fees that are the responsibility of the Contractor under the Contract Documents, including those required under Section 3.7.1, the Owner shall secure and pay for necessary approvals, easements, assessments and charges required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities. § 2.2.3 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site. The Contractor shall be entitled to rely on the accuracy of information furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. § 2.2.4 The Owner shall furnish information or services required of the Owner by the Contract Documents with reasonable promptness. The Owner shall also furnish any other information or services under the Owner’s control and relevant to the Contractor’s performance of the Work with reasonable promptness after receiving the Contractor’s written request for such information or services. § 2.2.5 Unless otherwise provided in the Contract Documents, the Owner shall furnish to the Contractor one copy of the Contract Documents for purposes of making reproductions pursuant to Section 1.5.2. § 2.3 OWNER’S RIGHT TO STOP THE WORK If the Contractor fails to correct Work that is not in accordance with the requirements of the Contract Documents as required by Section 12.2 or repeatedly fails to carry out Work in accordance with the Contract Documents, the Owner may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity, except to the extent required by Section 6.1.3. § 2.4 OWNER’S RIGHT TO CARRY OUT THE WORK If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a ten-day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the reasonable cost of correcting such deficiencies, including Owner’s expenses and compensation for the Architect’s additional services made necessary by such default, neglect or failure. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. ARTICLE 3 CONTRACTOR § 3.1 GENERAL § 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The Contractor shall be lawfully licensed, if required in the jurisdiction where the Project is located. The Contractor shall designate in writing a representative who shall have express Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:10:45 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1380729961) 12 authority to bind the Contractor with respect to all matters under this Contract. The term "Contractor" means the Contractor or the Contractor’s authorized representative. § 3.1.2 The Contractor shall perform the Work in accordance with the Contract Documents. § 3.1.3 The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Architect in the Architect’s administration of the Contract, or by tests, inspections or approvals required or performed by persons or entities other than the Contractor. § 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR § 3.2.1 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become generally familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents. § 3.2.2 Because the Contract Documents are complementary, the Contractor shall, before starting each portion of the Work, carefully study and compare the various Contract Documents relative to that portion of the Work, as well as the information furnished by the Owner pursuant to Section 2.2.3, shall take field measurements of any existing conditions related to that portion of the Work, and shall observe any conditions at the site affecting it. These obligations are for the purpose of facilitating coordination and construction by the Contractor and are not for the purpose of discovering errors, omissions, or inconsistencies in the Contract Documents; however, the Contractor shall promptly report to the Architect any errors, inconsistencies or omissions discovered by or made known to the Contractor as a request for information in such form as the Architect may require. It is recognized that the Contractor’s review is made in the Contractor’s capacity as a contractor and not as a licensed design professional, unless otherwise specifically provided in the Contract Documents. § 3.2.3 The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, but the Contractor shall promptly report to the Architect any nonconformity discovered by or made known to the Contractor as a request for information in such form as the Architect may require. § 3.2.4 If the Contractor believes that additional cost or time is involved because of clarifications or instructions the Architect issues in response to the Contractor’s notices or requests for information pursuant to Sections 3.2.2 or 3.2.3, the Contractor shall make Claims as provided in Article 15. If the Contractor fails to perform the obligations of 3.2.2 or 3.2.3, the Contractor shall pay such costs and damages to the Owner as would have been avoided if the Contractor had performed such obligations. If the Contractor performs those obligations, the Contractor shall not be liable to the Owner or Architect for damages resulting from errors, inconsistencies or omissions in the Contract Documents, for differences between field measurements or conditions and the Contract Documents, or for nonconformities of the Contract Documents to applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities. § 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES § 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor’s best skill and attention. The Contractor shall be solely responsible for, and have control over, construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract, unless the Contract Documents give other specific instructions concerning these matters. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor shall evaluate the jobsite safety thereof and, except as stated below, shall be fully and solely responsible for the jobsite safety of such means, methods, techniques, sequences or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the Owner and Architect and shall not proceed with that portion of the Work without further written instructions from the Architect. If the Contractor is then instructed to proceed with the required means, methods, techniques, sequences or procedures without acceptance of changes proposed by the Contractor, the Owner shall be solely responsible for any loss or damage arising solely from those Owner-required means, methods, techniques, sequences or procedures. The Contractor shall manage and coordinate all Subcontractors and others engaged in the performance of the Work. Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:10:45 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1380729961) 13 § 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor’s employees, Subcontractors and their agents and employees, and other persons or entities performing portions of the Work for, or on behalf of, the Contractor or any of its Subcontractors. § 3.3.3 The Contractor shall be responsible for inspection of portions of Work already performed to determine that such portions are in proper condition to receive subsequent Work. § 3.3.4 The Contractor shall provide and maintain a construction office at the site. § 3.4 LABOR AND MATERIALS § 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. § 3.4.2 Except in the case of minor changes in the Work authorized by the Architect in accordance with Sections 3.12.8 or 7.4, the Contractor may make substitutions only with the consent of the Owner, after evaluation by the Architect and in accordance with a Change Order or Construction Change Directive. § 3.4.3 The Contractor shall enforce strict discipline and good order among the Contractor’s employees and other persons carrying out the Work. The Contractor shall not permit employment of unfit persons or persons not properly skilled in tasks assigned to them. § 3.5 WARRANTY The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless the Contract Documents require or permit otherwise. The Contractor further warrants that the Work will conform to the requirements of the Contract Documents and will be free from defects, except for those inherent in the quality of the Work the Contract Documents require or permit. . The Contractor further warrants that the Work will comply with applicable laws and industry standards, and shall be performed or installed in accordance with all manufacturers’ requirements, recommendations and guidelines unless otherwise specified in the Contract Documents. Work, materials, or equipment not conforming to these requirements may be considered defective. The Contractor’s warranty excludes remedy for damage or defect caused by abuse, alterations to the Work not executed by the Contractor, improper or insufficient maintenance, improper operation, defective design, or normal wear and tear and normal usage. If required by the Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. § 3.6 TAXES Unless otherwise agreed, the Contractor shall pay sales, consumer, use and similar taxes for the Work provided by the Contractor that are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect. § 3.7 PERMITS, FEES, NOTICES AND COMPLIANCE WITH LAWS § 3.7.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building permit as well as for other permits, fees, licenses, and inspections by government agencies necessary for proper execution and completion of the Work that are customarily secured after execution of the Contract and legally required at the time bids are received or negotiations concluded. § 3.7.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities applicable to performance of the Work. § 3.7.3 If the Contractor performs Work knowing it to be contrary to applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, the Contractor shall assume appropriate responsibility for such Work and shall bear the costs attributable to correction, unless after having notified the Architect or Owner pursuant to Article 3.2, and either the Architect or Owner order or direct the Contractor to complete said Work. § 3.7.4 Concealed or Unknown Conditions. If the Contractor encounters conditions at the site that are (1) subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Contract Documents or Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:10:45 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1380729961) 14 (2) unknown physical conditions of an unusual nature, that differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, the Contractor shall promptly provide notice to the Owner and the Architect before conditions are disturbed and in no event later than 21 days after first observance of the conditions. The Architect will promptly investigate such conditions and, if the Architect determines that they differ materially and cause an increase or decrease in the Contractor’s cost of, or time required for, performance of any part of the Work, will recommend an equitable adjustment in the Contract Sum or Contract Time, or both. If the Architect determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Architect shall promptly notify the Owner and Contractor in writing, stating the reasons. If either party disputes the Architect’s determination or recommendation, that party may proceed as provided in Article 15. § 3.7.5 If, in the course of the Work, the Contractor knowingly encounters human remains or recognizes the existence of burial markers, archaeological sites or wetlands not indicated in the Contract Documents, the Contractor shall immediately suspend any operations that would affect them and shall notify the Owner and Architect. Upon receipt of such notice, the Owner shall promptly take any action necessary to obtain governmental authorization required to resume the operations. The Contractor shall continue to suspend such operations until otherwise instructed by the Owner but shall continue with all other operations that do not affect those remains or features. Requests for adjustments in the Contract Sum and Contract Time arising from the existence of such remains or features may be made as provided in Article 15. § 3.8 ALLOWANCES § 3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but the Contractor shall not be required to employ persons or entities to whom the Contractor has reasonable objection. § 3.8.2 Unless otherwise provided in the Contract Documents, .1 Allowances shall cover all direct cost to the Contractor including but not limited to purchasing materials, transportation, expediting, unloading, storing, installation, bonds, taxes, insurance, and any other expenses; .2 Contractor’s General Conditions, fee and general liability insurance contemplated for stated allowance amounts shall be included in the Contract Sum and not in the stated allowance; and .3 Whenever costs are more than or less than allowances, the Contract Sum shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect (1) the difference between actual costs and the allowances under Section 3.8.2.1 and (2) changes in Contractor’s costs under Section 3.8.2.2. § 3.8.3 Materials and equipment under an allowance shall be selected by the Owner with reasonable promptness. § 3.9 SUPERINTENDENT § 3.9.1 The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site during performance of the Work. The superintendent shall represent the Contractor, and communications given to the superintendent shall be as binding as if given to the Contractor. The Superintendent shall continuously supervise and observe all work in progress so as to ensure that the Work is proceeding in accordance with the Contract Documents. § 3.9.2 The Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner through the Architect the name and qualifications of a proposed superintendent. The Architect may reply within 14 days to the Contractor in writing stating (1) whether the Owner or the Architect has reasonable objection to the proposed superintendent or (2) that the Architect requires additional time to review. Failure of the Architect to reply within the 14 day period shall constitute notice of no reasonable objection. § 3.9.3 The Contractor shall not employ a proposed superintendent to whom the Owner or Architect has made reasonable and timely objection. The Contractor shall not change the superintendent without the Owner’s consent, which shall not unreasonably be withheld or delayed. Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:10:45 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1380729961) 15 § 3.10 CONTRACTOR’S CONSTRUCTION SCHEDULES § 3.10.1 The Contractor, promptly after being awarded the Contract, shall prepare and submit for the Owner’s and Architect’s information a Contractor’s construction schedule for the Work. The schedule shall not exceed time limits current under the Contract Documents, shall be revised at appropriate intervals as required by the conditions of the Work and Project, shall be related to the entire Project to the extent required by the Contract Documents, and shall provide for expeditious and practicable execution of the Work. § 3.10.1.1 The Construction Manager shall assign a professional project scheduler possessing building and site design and construction experience. The Construction Manager may assign an in-house scheduler. The Construction Manager shall develop a detailed critical path method (CPM) schedule that identifies all design activities, permits and all other activities required to be completed before construction activities can begin and a preliminary construction schedule. The CPM project schedules shall be developed using Microsoft Project’s latest version, or Primavera SureTrak Project Manager’s latest version. § 3.10.2 The Contractor shall prepare a submittal schedule, promptly after being awarded the Contract and thereafter as necessary to maintain a current submittal schedule, and shall submit the schedule(s) for the Architect’s approval. The Architect’s approval shall not unreasonably be delayed or withheld. The submittal schedule shall (1) be coordinated with the Contractor’s construction schedule, and (2) allow the Architect reasonable time to review submittals. If the Contractor fails to submit a submittal schedule, the Contractor shall not be entitled to any increase in Contract Sum or extension of Contract Time based on the time required for review of submittals. § 3.10.3 The Contractor shall perform the Work in general accordance with the most recent schedules submitted to the Owner and Architect. § 3.11 DOCUMENTS AND SAMPLES AT THE SITE The Contractor shall maintain at the site for the Owner one copy of the Drawings, Specifications, Addenda, Change Orders and other Modifications, in good order and marked currently to indicate field changes and selections made during construction, and one copy of approved Shop Drawings, Product Data, Samples and similar required submittals. These shall be available to the Architect and shall be delivered to the Architect for submittal to the Owner upon completion of the Work as a record of the Work as constructed. § 3.11.1 The Construction Manager shall maintain complete and accurate records, including (a) correspondence, (b) meeting notes and minutes, (c) shop drawings and submittals, (d) Construction Documents including change orders, (e) clarifications and interpretations of the Construction Documents issued by the project Architect, (f) progress reports including observations of testing performed, (g) as-built drawings, and (h) all other Project-related documents including but not limited to those utilizing the project management software. § 3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES § 3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub-subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. § 3.12.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. § 3.12.3 Samples are physical examples that illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. § 3.12.4 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. Their purpose is to demonstrate the way by which the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents for those portions of the Work for which the Contract Documents require submittals. Informational submittals upon which the Architect is not expected to take responsive action may be so identified in the Contract Documents. Submittals that are not required by the Contract Documents may be returned by the Architect without action. § 3.12.5 The Contractor shall review for compliance with the Contract Documents, approve and submit to the Architect Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents in accordance with Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:10:45 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1380729961) 16 the submittal schedule approved by the Architect or, in the absence of an approved submittal schedule, with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of separate contractors. § 3.12.6 By submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents to the Owner and Architect that the Contractor has (1) reviewed and approved them, (2) determined and verified materials, field measurements and field construction criteria related thereto, or will do so and (3) checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. . § 3.12.7 The Contractor shall perform no portion of the Work for which the Contract Documents require submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been approved by the Architect. § 3.12.8 The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Architect’s approval of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed the Architect in writing of such deviation at the time of submittal and (1) the Architect has given written approval to the specific deviation as a minor change in the Work, or (2) a Change Order or Construction Change Directive has been issued authorizing the deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples or similar submittals by the Architect’s approval thereof. § 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittals, to revisions other than those requested by the Architect on previous submittals. In the absence of such written notice, the Architect’s approval of a resubmission shall not apply to such revisions. § 3.12.10 The Contractor shall not be required to provide professional services that constitute the practice of architecture or engineering unless such services are specifically required by the Contract Documents for a portion of the Work or unless the Contractor needs to provide such services in order to carry out the Contractor’s responsibilities for construction means, methods, techniques, sequences and procedures. The Contractor shall not be required to provide professional services in violation of applicable law. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of the Contractor by the Contract Documents, the Owner and the Architect will specify all performance and design criteria that such services must satisfy. The Contractor shall cause such services or certifications to be provided by a properly licensed design professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional’s written approval when submitted to the Architect. The Owner and the Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications and approvals performed or provided by such design professionals, provided the Owner and Architect have specified to the Contractor all performance and design criteria that such services must satisfy. Pursuant to this Section 3.12.10, the Architect will review, approve or take other appropriate action on submittals only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Contractor shall not be responsible for the adequacy of the performance and design criteria specified in the Contract Documents. § 3.13 USE OF SITE The Contractor shall confine operations at the site to areas permitted by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. § 3.14 CUTTING AND PATCHING § 3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly. All areas requiring cutting, fitting and patching shall be restored to the condition existing prior to the cutting, fitting and patching, unless otherwise required by the Contract Documents. § 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner or separate contractors by cutting, patching or otherwise altering such construction, or by Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:10:45 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1380729961) 17 excavation. The Contractor shall not cut or otherwise alter such construction by the Owner or a separate contractor except with written consent of the Owner and of such separate contractor; such consent shall not be unreasonably withheld. The Contractor shall not unreasonably withhold from the Owner or a separate contractor the Contractor’s consent to cutting or otherwise altering the Work. § 3.15 CLEANING UP § 3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work, the Contractor shall remove waste materials, rubbish, the Contractor’s tools, construction equipment, machinery and surplus materials from and about the Project. § 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, the Owner may do so and Owner shall be entitled to reimbursement from the Contractor. § 3.16 ACCESS TO WORK The Contractor shall provide the Owner and Architect access to the Work in preparation and progress wherever located. § 3.17 ROYALTIES, PATENTS AND COPYRIGHTS The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of copyrights and patent rights and shall hold the Owner and Architect harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or product of a particular manufacturer or manufacturers is required by the Contract Documents, or where the copyright violations are contained in Drawings, Specifications or other documents prepared by the Owner or Architect. However, if the Contractor has reason to believe that the required design, process or product is an infringement of a copyright or a patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the Architect. § 3.18 INDEMNIFICATION § 3.18.1 To the fullest extent permitted by law the Contractor shall indemnify, defend and hold harmless the Owner, and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys’ fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), but only to the extent caused by the negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in this Section 3.18. In the event of concurrent negligence of Contractor, its agents, employees or subcontractors, and that of the Owner or its contractors, which concurrent negligence results in injury or damage to persons or property and relates to the construction, alteration, repair addition to, subtraction from, improvement to or maintenance of the property, or the improvements to be constructed in accordance with this Contract, Contractor’s obligation to indemnify Owner as set forth in this paragraph shall be limited to the extent of Contractor’s negligence and that of its agents, employees, invitees, licensees or subcontractors, including Contractor’s proportional share based upon each parties negligence of costs, attorney’s fees and expenses incurred in connection with any claim action or proceeding brought with the respect to such injury or damage. § 3.18.2 In claims against any person or entity indemnified under this Section 3.18 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under Section 3.18.1 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers’ compensation acts, disability benefit acts or other employee benefit acts. Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:10:45 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1380729961) 18 ARTICLE 4 ARCHITECT § 4.1 GENERAL § 4.1.1 The Owner shall retain an architect lawfully licensed to practice architecture or an entity lawfully practicing architecture in the jurisdiction where the Project is located. That person or entity is identified as the Architect in the Agreement and is referred to throughout the Contract Documents as if singular in number. § 4.1.2 Duties, responsibilities and limitations of authority of the Architect as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the Owner, Contractor and Architect. Consent shall not be unreasonably withheld. § 4.1.3 If the employment of the Architect is terminated, the Owner shall employ a successor architect as to whom the Contractor has no reasonable objection and whose status under the Contract Documents shall be that of the Architect. § 4.2 ADMINISTRATION OF THE CONTRACT § 4.2.1 The Architect will provide administration of the Contract as described in the Contract Documents and will be an Owner’s representative during construction until the date the Architect issues the final Certificate for Payment. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents. § 4.2.2 The Architect will visit the site at intervals appropriate to the stage of construction, or as otherwise agreed with the Owner, to become generally familiar with the progress and quality of the portion of the Work completed, and to determine in general if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The Architect will not have control over, charge of, or responsibility for, the construction means, methods, techniques, sequences or procedures, or for the safety precautions and programs in connection with the Work, since these are solely the Contractor’s rights and responsibilities under the Contract Documents, except as provided in Section 3.3.1. § 4.2.3 On the basis of the site visits, the Architect will keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and report to the Owner (1) known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor, and (2) defects and deficiencies observed in the Work. The Architect will not be responsible for the Contractor’s failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect will not have control over or charge of and will not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or any other persons or entities performing portions of the Work. § 4.2.4 COMMUNICATIONS FACILITATING CONTRACT ADMINISTRATION Communications by and with the Architect’s consultants shall be through the Architect. Communications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with separate contractors shall be through the Owner. § 4.2.5 Based on the Architect’s evaluations of the Contractor’s Applications for Payment, the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. § 4.2.6 The Architect has authority to and shall reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect will have authority to require inspection or testing of the Work in accordance with Sections 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees, or other persons or entities performing portions of the Work. § 4.2.7 The Architect will review and approve, or take other appropriate action upon, the Contractor’s submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect’s action will be taken in accordance with the submittal schedule approved by the Architect or, in the absence of an approved submittal schedule, with reasonable promptness while allowing sufficient time in the Architect’s professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:10:45 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1380729961) 19 completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect’s review of the Contractor’s submittals shall not relieve the Contractor of the obligations under Sections 3.3, 3.5 and 3.12. The Architect’s review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect’s approval of a specific item shall not indicate approval of an assembly of which the item is a component. § 4.2.8 The Architect will prepare Change Orders and Construction Change Directives, and may authorize minor changes in the Work as provided in Section 7.4. The Architect will investigate and make determinations and recommendations regarding concealed and unknown conditions as provided in Section 3.7.4. § 4.2.9 The Architect will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion; issue Certificates of Substantial Completion pursuant to Section 9.8; receive and forward to the Owner, for the Owner’s review and records, written warranties and related documents required by the Contract and assembled by the Contractor pursuant to Section 9.10; and issue a final Certificate for Payment pursuant to Section 9.10. § 4.2.10 If the Owner and Architect agree, the Architect will provide one or more project representatives to assist in carrying out the Architect’s responsibilities at the site. The duties, responsibilities and limitations of authority of such project representatives shall be as set forth in an exhibit to be incorporated in the Contract Documents. § 4.2.11 The Architect will interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect’s response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 4.2.12 Interpretations and decisions of the Architect will be consistent with the intent of, and reasonably inferable from, the Contract Documents and will be in writing or in the form of drawings. When making such interpretations and decisions, the Architect will endeavor to secure faithful performance by both Owner and Contractor, will not show partiality to either and will not be liable for results of interpretations or decisions rendered in good faith. § 4.2.13 The Architect’s decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. § 4.2.14 The Architect will review and respond to requests for information about the Contract Documents. The Architect’s response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. If appropriate, the Architect will prepare and issue supplemental Drawings and Specifications in response to the requests for information. In the case of a Change in Work which results from a response, the Owner may issue a Construction Change Directive. ARTICLE 5 SUBCONTRACTORS § 5.1 DEFINITIONS § 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. The term "Subcontractor" does not include a separate contractor or subcontractors of a separate contractor. § 5.1.2 A Sub-subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term "Sub-subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Sub-subcontractor or an authorized representative of the Sub-subcontractor. § 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK § 5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner through the Architect the names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal portion of the Work. The Architect may reply within 14 days to the Contractor in writing stating (1) whether the Owner or the Architect has reasonable objection to any such proposed person or entity or (2) that the Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:10:45 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1380729961) 20 Architect requires additional time for review. Failure of the Owner or Architect to reply within the 14-day period shall constitute notice of no reasonable objection. The Contractor shall update this list throughout the Project and keep Owner and Architect advised of any new Subcontractors employed. § 5.2.2 The Contractor shall not contract with a proposed person or entity to whom the Owner or Architect has made reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. § 5.2.3 If the Owner or Architect has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner or Architect has no reasonable objection. If the proposed but rejected Subcontractor was reasonably capable of performing the Work, the Contract Sum and Contract Time shall be increased or decreased by the difference, if any, occasioned by such change, and an appropriate Change Order shall be issued before commencement of the substitute Subcontractor’s Work. However, no increase in the Contract Sum or Contract Time shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required. § 5.2.4 The Contractor shall not substitute a Subcontractor, person or entity previously selected if the Owner or Architect makes reasonable objection to such substitution. § 5.3 SUBCONTRACTUAL RELATIONS By appropriate agreement, written where legally required for validity, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities, including the responsibility for safety of the Subcontractor’s Work, which the Contractor, by these Documents, assumes toward the Owner and Architect. Each subcontract agreement shall preserve and protect the rights of the Owner and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub-subcontractors. The Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement that may be at variance with the Contract Documents. Subcontractors will similarly make copies of applicable portions of such documents available to their respective proposed Sub-subcontractors. § 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS § 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner, provided that .1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Section 14.2 and only for those subcontract agreements that the Owner accepts by notifying the Subcontractor and Contractor in writing; and .2 assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract. When the Owner accepts the assignment of a subcontract agreement, the Owner assumes the Contractor’s rights and obligations under the subcontract. § 5.4.2 Upon such assignment, if the Work has been suspended for more than 30 days, the Subcontractor’s compensation shall be equitably adjusted for increases in cost resulting from the suspension. § 5.4.3 Upon such assignment to the Owner under this Section 5.4, the Owner may further assign the subcontract to a successor contractor or other entity. If the Owner assigns the subcontract to a successor contractor or other entity, the Owner shall nevertheless remain legally responsible for all of the successor contractor’s obligations under the subcontract. ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS § 6.1 OWNER’S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS § 6.1.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner’s own forces, and to award separate contracts in connection with other portions of the Project or other construction or operations on the site under Conditions of the Contract identical or substantially similar to these including those Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:10:45 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1380729961) 21 portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such Claim as provided in Article 15. The Owner must comply with the safety and insurance requirements of Contractor as a precedent to exercising such right. § 6.1.2 When separate contracts are awarded for different portions of the Project or other construction or operations on the site, the term "Contractor" in the Contract Documents in each case shall mean the Contractor who executes each separate Owner-Contractor Agreement. § 6.1.3 The Owner shall provide for coordination of the activities of the Owner’s own forces and of each separate contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with other separate contractors and the Owner in reviewing their construction schedules. The Contractor shall make any revisions to the construction schedule deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the Contractor, separate contractors and the Owner until subsequently revised. § 6.1.4 Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations related to the Project with the Owner’s own forces, the Owner shall be deemed to be subject to the same obligations and to have the same rights that apply to the Contractor under the Conditions of the Contract, including, without excluding others, those stated in Article 3, this Article 6 and Articles 10, 11 and 12. § 6.2 MUTUAL RESPONSIBILITY § 6.2.1 The Contractor shall afford the Owner and separate contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities, and shall connect and coordinate the Contractor’s construction and operations with theirs as required by the Contract Documents. § 6.2.2 If part of the Contractor’s Work depends for proper execution or results upon construction or operations by the Owner or a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Architect apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acknowledgment that the Owner’s or separate contractor’s completed or partially completed construction is fit and proper to receive the Contractor’s Work, except as to defects not then reasonably discoverable. § 6.2.3 The Contractor shall reimburse the Owner for costs the Owner incurs that are payable to a separate contractor because of the Contractor’s delays, improperly timed activities or defective construction. The Owner shall be responsible to the Contractor for costs the Contractor incurs because of a separate contractor’s delays, improperly timed activities, damage to the Work or defective construction. § 6.2.4 The Contractor shall promptly remedy damage the Contractor wrongfully causes to completed or partially completed construction or to property of the Owner or separate contractors as provided in Section 10.2.5. § 6.2.5 The Owner and each separate contractor shall have the same responsibilities for cutting and patching as are described for the Contractor in Section 3.14. § 6.3 OWNER’S RIGHT TO CLEAN UP If a dispute arises among the Contractor, separate contractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish, the Owner may clean up and the Architect will allocate the cost among those responsible. ARTICLE 7 CHANGES IN THE WORK § 7.1 GENERAL § 7.1.1 Changes in the Work may be accomplished after execution of the Contract, and without invalidating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:10:45 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1380729961) 22 § 7.1.2 A Change Order shall be based upon agreement among the Owner, Contractor and Architect; a Construction Change Directive requires agreement by the Owner and Architect and may or may not be agreed to by the Contractor; an order for a minor change in the Work may be issued by the Owner alone. § 7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents, and the Contractor shall proceed promptly, as required by the Contract, unless otherwise provided in the Change Order, Construction Change Directive or order for a minor change in the Work. § 7.2 CHANGE ORDERS § 7.2.1 A Change Order is a written instrument prepared by the Architect or Contractor and signed by the Owner, Contractor and Architect stating their agreement upon all of the following: .1 The change in the Work; .2 The amount of the adjustment, if any, in the Contract Sum; and .3 The extent of the adjustment, if any, in the Contract Time. § 7.3 CONSTRUCTION CHANGE DIRECTIVES § 7.3.1 A Construction Change Directive is a written order prepared by the Owner and signed by the Owner, directing a change in the Work prior to agreement on adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Sum and Contract Time being adjusted accordingly. § 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. § 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be based on one of the following methods: .1 Mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; .2 Unit prices stated in the Contract Documents or subsequently agreed upon; .3 Cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or .4 As provided in Section 7.3.7. § 7.3.4 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally contemplated are materially changed in a proposed Change Order or Construction Change Directive so that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. § 7.3.5 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Architect of the Contractor’s agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time. § 7.3.6 A Construction Change Directive signed by the Contractor indicates the Contractor’s agreement therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. § 7.3.7 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the Architect shall determine the method and the adjustment on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including, in case of an increase in the Contract Sum, an amount for overhead and profit as set forth in the Agreement, or if no such amount is set forth in the Agreement, a reasonable amount. In such case, and also under Section 7.3.3.3, the Contractor shall keep and present, in such form as the Architect may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Section 7.3.7 shall be limited to the following: .1 Costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers’ compensation insurance; Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:10:45 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1380729961) 23 .2 Costs of materials, supplies and equipment, including cost of transportation, whether incorporated or consumed; .3 Rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or others; .4 Costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the Work; and .5 Additional costs of supervision and field office personnel directly attributable to the change. § 7.3.8 The amount of credit to be allowed by the Contractor to the Owner for a deletion or change that results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Architect. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. § 7.3.9 Pending final determination of the total cost of a Construction Change Directive to the Owner, the Contractor may request payment for Work completed under the Construction Change Directive in Applications for Payment. The Architect will make an interim determination for purposes of monthly certification for payment for those costs and certify for payment the amount that the Architect determines, in the Architect’s professional judgment, to be reasonably justified. The Architect’s interim determination of cost shall adjust the Contract Sum on the same basis as a Change Order, subject to the right of either party to disagree and assert a Claim in accordance with Article 15. The Owner shall pay such amounts as certified by the Architect. § 7.3.10 When the Owner and Contractor agree with a determination made by the Architect concerning the adjustments in the Contract Sum and Contract Time, or otherwise reach agreement upon the adjustments, such agreement shall be effective immediately and the Architect will prepare a Change Order. Change Orders may be issued for all or any part of a Construction Change Directive. § 7.4 MINOR CHANGES IN THE WORK The Architect has authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes will be effected by written order signed by the Architect and shall be binding on the Owner and Contractor. ARTICLE 8 TIME § 8.1 DEFINITIONS § 8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in the Contract Documents for Substantial Completion of the Work. § 8.1.2 The date of commencement of the Work is the date established in the Agreement. § 8.1.3 The date of Substantial Completion is the date certified by the Architect in accordance with Section 9.8. § 8.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. § 8.2 PROGRESS AND COMPLETION § 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement the Contractor confirms that the Contract Time is a reasonable period for performing the Work. § 8.2.2 The Contractor shall not knowingly, except by agreement or instruction of the Owner in writing, prematurely commence operations on the site or elsewhere prior to the effective date of insurance required by Article 11 to be furnished by the Contractor and Owner. The date of commencement of the Work shall not be changed by the effective date of such insurance. § 8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:10:45 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1380729961) 24 § 8.3 DELAYS AND EXTENSIONS OF TIME § 8.3.1 If the Contractor is delayed at any time in the commencement or progress of the Work by an act or neglect of the Owner or Architect, or of an employee of either, or of a separate contractor employed by the Owner; or by changes ordered in the Work; or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond the Contractor’s control; or by delay authorized by the Owner pending mediation and arbitration; or by other causes that the Architect determines may justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as the Architect may determine. § 8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Article 15. § 8.3.3 This Section 8.3 does not preclude recovery of damages for delay by either party under other provisions of the Contract Documents. ARTICLE 9 PAYMENTS AND COMPLETION § 9.1 CONTRACT SUM The Contract Sum is stated in the Agreement and, including authorized adjustments, is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. § 9.2 SCHEDULE OF VALUES Where the Contract is based on a stipulated sum or Guaranteed Maximum Price, the Contractor shall submit to the Architect, before the first Application for Payment, a schedule of values allocating the entire Contract Sum to the various portions of the Work and prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor’s Applications for Payment. § 9.3 APPLICATIONS FOR PAYMENT § 9.3.1 At least ten days before the date established for each progress payment, the Contractor shall submit to the Architect an itemized Application for Payment prepared in accordance with the schedule of values. Such application shall be notarized, if required, and supported by such data substantiating the Contractor’s right to payment as the Owner or Architect may require, such as copies of requisitions from Subcontractors and material suppliers which Contractor has a Subcontract or Purchase Order, and shall reflect retainage if provided for in the Contract Documents. § 9.3.1.1 As provided in Section 7.3.9, such applications may include requests for payment on account of changes in the Work that have been properly authorized by Construction Change Directives, or by interim determinations of the Architect, but not yet included in Change Orders. § 9.3.1.2 Applications for Payment shall not include requests for payment for portions of the Work for which the Contractor does not intend to pay a Subcontractor or material supplier, unless such Work has been performed by others whom the Contractor intends to pay. § 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner’s title to such materials and equipment or otherwise protect the Owner’s interest, and shall include the costs of applicable insurance, storage and transportation to the site for such materials and equipment stored off the site. § 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor’s knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the Work, and conditional and unconditional lien releases shall be furnished with each Application for Payment. Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:10:45 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1380729961) 25 § 9.4 CERTIFICATES FOR PAYMENT § 9.4.1 The Architect will, within seven days after receipt of the Contractor’s Application for Payment, either issue to the Owner a Certificate for Payment, with a copy to the Contractor, for such amount as the Architect determines is properly due, or notify the Contractor and Owner in writing of the Architect’s reasons for withholding certification in whole or in part as provided in Section 9.5.1. § 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Architect’s evaluation of the Work and the data comprising the Application for Payment, that, to the best of the Architect’s knowledge, information and belief, the Work has progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to correction of minor deviations from the Contract Documents prior to completion and to specific qualifications expressed by the Architect. The issuance of a Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment will not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor’s right to payment, or (4) made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 9.5 DECISIONS TO WITHHOLD CERTIFICATION § 9.5.1 The Architect may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Architect’s opinion the representations to the Owner required by Section 9.4.2 cannot be made. If the Architect is unable to certify payment in the amount of the Application, the Architect will notify the Contractor and Owner as provided in Section 9.4.1. If the Contractor and Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner. The Architect may also withhold a Certificate for Payment or, because of subsequently discovered evidence, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Architect’s opinion to protect the Owner from loss for which the Contractor is responsible, including loss resulting from acts and omissions described in Section 3.3.2, because of .1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicating probable filing of such claims unless security acceptable to the Owner is provided by the Contractor; .3 failure of the Contractor to make payments properly to Subcontractors or for labor, materials or equipment; .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; .5 damage to the Owner or a separate contractor; .6 reasonable evidence that the Work will not be completed within the Contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or .7 repeated and/or substantial failure to carry out the Work in accordance with the Contract Documents. § 9.5.2 When the above reasons for withholding certification are removed, certification will be made for amounts previously withheld. § 9.5.3 If the Architect withholds certification for payment under Section 9.5.1.3, the Owner may, at its sole option, issue joint checks to the Contractor and to any Subcontractor or material or equipment suppliers to whom the Contractor failed to make payment for Work properly performed or material or equipment suitably delivered. If the Owner makes payments by joint check, the Owner shall notify the Architect and the Architect will reflect such payment on the next Certificate for Payment. § 9.6 PROGRESS PAYMENTS § 9.6.1 After the Architect has issued a Certificate for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents, and shall so notify the Architect. § 9.6.2 The Contractor shall pay each Subcontractor no later than seven days after receipt of payment from the Owner the amount to which the Subcontractor is entitled, reflecting percentages actually retained from payments to the Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:10:45 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1380729961) 26 Contractor on account of the Subcontractor’s portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub-subcontractors in a similar manner. § 9.6.3 The Architect will, on request, furnish to a Subcontractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of portions of the Work done by such Subcontractor. § 9.6.4 The Owner has the right to request written evidence from the Contractor that the Contractor has properly paid Subcontractors and material and equipment suppliers amounts paid by the Owner to the Contractor for subcontracted Work. If the Contractor fails to furnish such evidence within seven days, the Owner shall have the right to contact Subcontractors to ascertain whether they have been properly paid. Neither the Owner nor Architect shall have an obligation to pay or to see to the payment of money to a Subcontractor, except as may otherwise be required by law. § 9.6.5 Contractor payments to material and equipment suppliers shall be treated in a manner similar to that provided in Sections 9.6.2, 9.6.3 and 9.6.4. § 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. § 9.6.7 Unless the Contractor provides the Owner with a payment bond in the full penal sum of the Contract Sum, payments received by the Contractor for Work properly performed by Subcontractors and suppliers shall be held by the Contractor for those Subcontractors or suppliers who performed Work or furnished materials, or both, under contract with the Contractor for which payment was made by the Owner. Nothing contained herein shall require money to be placed in a separate account and not commingled with money of the Contractor, shall create any fiduciary liability or tort liability on the part of the Contractor for breach of trust or shall entitle any person or entity to an award of punitive damages against the Contractor for breach of the requirements of this provision. § 9.7 FAILURE OF PAYMENT If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven days after receipt of the Contractor’s Application for Payment, or if the Owner does not pay the Contractor within thirty (30) days after the date established in the Contract Documents the amount certified by the Architect or awarded by binding dispute resolution, then the Contractor may, upon seven additional days’ written notice to the Owner and Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor’s reasonable costs of shut-down, delay and start-up, plus interest as provided for in the Contract Documents. § 9.8 SUBSTANTIAL COMPLETION § 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. § 9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall notify the Architect to prepare a comprehensive punchlist of items to be completed or corrected prior to final payment. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. § 9.8.3 Upon receipt of the Contractor’s list, the Architect will make an inspection to determine whether the Work or designated portion thereof is substantially complete. If the Architect’s inspection discloses any item, whether or not included on the Contractor’s list, which is not sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work or designated portion thereof for its intended use, the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by the Architect. In such case, the Contractor shall then submit a request for another inspection by the Architect to determine Substantial Completion. § 9.8.4 When the Work or designated portion thereof is substantially complete, the Architect will prepare a Certificate of Substantial Completion that shall establish the date of Substantial Completion, shall establish responsibilities of the Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:10:45 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1380729961) 27 Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. § 9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in such Certificate. Upon such acceptance and consent of surety, if any, the Owner shall make payment of retainage applying to such Work or designated portion thereof. Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents. § 9.9 PARTIAL OCCUPANCY OR USE § 9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented to by the insurer as required under Section 11.3.1.5 and authorized by public authorities having jurisdiction over the Project. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, the Contractor shall prepare and submit a list to the Architect as provided under Section 9.8.2. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Contractor or, if no agreement is reached, by decision of the Architect. § 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Contractor and Architect shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. § 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. § 9.10 FINAL COMPLETION AND FINAL PAYMENT § 9.10.1 Upon receipt of the Contractor’s written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Architect will promptly make such inspection and, when the Architect finds the Work acceptable under the Contract Documents and the Contract fully performed, the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect’s knowledge, information and belief, and on the basis of the Architect’s on-site visits and inspections, the Work has been completed in accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the Contractor and noted in the final Certificate is due and payable. The Architect’s final Certificate for Payment will constitute a further representation that conditions listed in Section 9.10.2 as precedent to the Contractor’s being entitled to final payment have been fulfilled. § 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner’s property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be canceled or allowed to expire until at least 30 days’ prior written notice has been given to the Owner, (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment and (5), if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner. If a Subcontractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including all costs and reasonable attorneys’ fees. § 9.10.3 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion, and the Architect so confirms, the Owner Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:10:45 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1380729961) 28 shall, upon application by the Contractor and certification by the Architect, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Contract Documents, and if bonds have been furnished, the written consent of surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Architect prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims. § 9.10.4 The making of final payment shall constitute a waiver of Claims by the Owner except those arising from .1 liens, Claims, security interests or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; or .3 terms of special warranties required by the Contract Documents. § 9.10.5 Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY § 10.1 SAFETY PRECAUTIONS AND PROGRAMS The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Contract. § 10.2 SAFETY OF PERSONS AND PROPERTY § 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to .1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody or control of the Contractor or the Contractor’s Subcontractors or Sub-subcontractors; and .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. § 10.2.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss. § 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. § 10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. § 10.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Documents) to property referred to in Sections 10.2.1.2 and 10.2.1.3 caused in whole or in part by the Contractor, a Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Sections 10.2.1.2 and 10.2.1.3, except damage or loss attributable to acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor’s obligations under Section 3.18. § 10.2.6 The Contractor shall designate a responsible member of the Contractor’s organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor’s superintendent unless otherwise designated by the Contractor in writing to the Owner and Architect. Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:10:45 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1380729961) 29 § 10.2.7 The Contractor shall not permit any part of the construction or site to be loaded so as to cause damage or create an unsafe condition. § 10.2.8 INJURY OR DAMAGE TO PERSON OR PROPERTY If either party suffers injury or damage to person or property because of an act or omission of the other party, or of others for whose acts such party is legally responsible, written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding 21 days after discovery. The notice shall provide sufficient detail to enable the other party to investigate the matter. § 10.3 HAZARDOUS MATERIALS § 10.3.1 The Contractor is responsible for compliance with any requirements included in the Contract Documents regarding hazardous materials. If the Contractor encounters a hazardous material or substance not addressed in the Contract Documents and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the Owner and Architect in writing. § 10.3.2 Upon receipt of the Contractor’s written notice, the Owner shall obtain the services of a licensed laboratory to verify the presence or absence of the material or substance reported by the Contractor and, in the event such material or substance is found to be present, to cause it to be rendered harmless. Unless otherwise required by the Contract Documents, the Owner shall furnish in writing to the Contractor and Architect the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of such material or substance or who are to perform the task of removal or safe containment of such material or substance. The Contractor and the Architect will promptly reply to the Owner in writing stating whether or not either has reasonable objection to the persons or entities proposed by the Owner. If either the Contractor or Architect has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Contractor and the Architect have no reasonable objection. When the material or substance has been rendered harmless, Work in the affected area shall resume upon written agreement of the Owner and Contractor. By Change Order, the Contract Time shall be extended appropriately and the Contract Sum shall be increased in the amount of the Contractor’s reasonable additional costs of shut-down, delay and start-up. § 10.3.3 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Subcontractors, Architect, Architect’s consultants and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys’ fees, arising out of or resulting from performance of the Work in the affected area if in fact the material or substance presents the risk of bodily injury or death as described in Section 10.3.1 and has not been rendered harmless, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), except to the extent that such damage, loss or expense is due to the fault or negligence of the party seeking indemnity. § 10.3.4 The Owner shall not be responsible under this Section 10.3 for materials or substances the Contractor brings to the site unless such materials or substances are required by the Contract Documents. The Owner shall be responsible for materials or substances required by the Contract Documents, except to the extent of the Contractor’s fault or negligence in the use and handling of such materials or substances. § 10.3.5 The Contractor shall indemnify the Owner for the cost and expense the Owner incurs (1) for remediation of a material or substance the Contractor brings to the site and negligently handles, or (2) where the Contractor fails to perform its obligations under Section 10.3.1, except to the extent that the cost and expense are due to the Owner’s fault or negligence. § 10.3.6 If, without negligence on the part of the Contractor, the Contractor is held liable by a government agency for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents, the Owner shall indemnify the Contractor for all cost and expense thereby incurred. Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:10:45 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1380729961) 30 § 10.4 EMERGENCIES In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor’s discretion, to prevent threatened damage, injury or loss. Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Article 15 and Article 7. ARTICLE 11 INSURANCE AND BONDS § 11.1 CONTRACTOR’S LIABILITY INSURANCE § 11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located such insurance as will protect the Contractor from claims set forth below which may arise out of or result from the Contractor’s operations and completed operations under the Contract and for which the Contractor may be legally liable, whether such operations be by the Contractor or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: .1 Claims under workers’ compensation, disability benefit and other similar employee benefit acts that are applicable to the Work to be performed; .2 Claims for damages because of bodily injury, occupational sickness or disease, or death of the Contractor’s employees; .3 Claims for damages because of bodily injury, sickness or disease, or death of any person other than the Contractor’s employees; .4 Claims for damages insured by usual personal injury liability coverage; .5 Claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting therefrom; .6 Claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; .7 Claims for bodily injury or property damage arising out of completed operations; and .8 Claims involving contractual liability insurance applicable to the Contractor’s obligations under Section 3.18. § 11.1.2 The insurance required by Section 11.1.1 shall be written for not less than limits of liability specified in the Contract Documents or required by law, whichever coverage is greater. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption from the date of commencement of the Work until the date of final payment and termination of any coverage required to be maintained after final payment, and, with respect to the Contractor’s completed operations coverage, until the expiration of the period for correction of Work or for such other period for maintenance of completed operations coverage as specified in the Contract Documents. § 11.1.3 Certificates of insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work and thereafter upon renewal or replacement of each required policy of insurance. These certificates and the insurance policies required by this Section 11.1 shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least 30 days’ prior written notice has been given to the Owner. An additional certificate evidencing continuation of liability coverage, including coverage for completed operations, shall be submitted with the final Application for Payment as required by Section 9.10.2 and thereafter upon renewal or replacement of such coverage until the expiration of the time required by Section 11.1.2. Information concerning reduction of coverage on account of revised limits or claims paid under the General Aggregate, or both, shall be furnished by the Contractor with reasonable promptness. § 11.1.4 The Contractor shall cause the commercial liability coverage required by the Contract Documents to include (1) the Owner, the Architect and the Architect’s consultants as additional insureds for claims caused in whole or in part by the Contractor’s negligent acts or omissions during the Contractor’s operations; and (2) the Owner as an additional insured for claims caused in whole or in part by the Contractor’s negligent acts or omissions during the Contractor’s completed operations. § 11.2 OWNER’S LIABILITY INSURANCE The Owner shall be responsible for purchasing and maintaining the Owner’s usual liability insurance. § 11.3 PROPERTY INSURANCE § 11.3.1 Unless otherwise provided, the Owner shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, property insurance written on a builder’s Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:10:45 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1380729961) 31 risk "all-risk" or equivalent policy form in the amount of the initial Contract Sum, plus value of subsequent Contract Modifications and cost of materials supplied or installed by others, comprising total value for the entire Project at the site on a replacement cost basis without optional deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made as provided in Section 9.10 or until no person or entity other than the Owner has an insurable interest in the property required by this Section 11.3 to be covered, whichever is later. This insurance shall include interests of the Owner, the Contractor, Subcontractors and Sub-subcontractors in the Project. § 11.3.1.1 Property insurance shall be on an "all-risk" or equivalent policy form and shall include, without limitation, insurance against the perils of fire (with extended coverage) and physical loss or damage including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, earthquake, flood, windstorm, falsework, testing and startup, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation for Architect’s and Contractor’s services and expenses required as a result of such insured loss. § 11.3.1.2 If the Owner does not intend to purchase such property insurance required by the Contract and with all of the coverages in the amount described above, the Owner shall so inform the Contractor in writing prior to commencement of the Work. The Contractor may then effect insurance that will protect the interests of the Contractor, Subcontractors and Sub-subcontractors in the Work, and by appropriate Change Order the cost thereof shall be charged to the Owner. If the Contractor is damaged by the failure or neglect of the Owner to purchase or maintain insurance as described above, without so notifying the Contractor in writing, then the Owner shall bear all reasonable costs properly attributable thereto. § 11.3.1.3 If the property insurance requires deductibles, the Owner shall pay costs not covered because of such deductibles. § 11.3.1.4 This property insurance shall cover portions of the Work stored off the site, and also portions of the Work in transit. § 11.3.1.5 Partial occupancy or use in accordance with Section 9.9 shall not commence until the insurance company or companies providing property insurance have consented to such partial occupancy or use by endorsement or otherwise. The Owner and the Contractor shall take reasonable steps to obtain consent of the insurance company or companies and shall, without mutual written consent, take no action with respect to partial occupancy or use that would cause cancellation, lapse or reduction of insurance. § 11.3.2 BOILER AND MACHINERY INSURANCE The Owner shall purchase and maintain boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the Owner; this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub-subcontractors in the Work, and the Owner and Contractor shall be named insureds. § 11.3.3 LOSS OF USE INSURANCE The Owner, at the Owner’s option, may purchase and maintain such insurance as will insure the Owner against loss of use of the Owner’s property due to fire or other hazards, however caused. The Owner waives all rights of action against the Contractor for loss of use of the Owner’s property, including consequential losses due to fire or other hazards however caused. § 11.3.4 If the Contractor requests in writing that insurance for risks other than those described herein or other special causes of loss be included in the property insurance policy, the Owner shall, if possible, include such insurance, and the cost thereof shall be charged to the Contractor by appropriate Change Order. § 11.3.5 If during the Project construction period the Owner insures properties, real or personal or both, at or adjacent to the site by property insurance under policies separate from those insuring the Project, or if after final payment property insurance is to be provided on the completed Project through a policy or policies other than those insuring the Project during the construction period, the Owner shall waive all rights in accordance with the terms of Section 11.3.7 Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:10:45 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1380729961) 32 for damages caused by fire or other causes of loss covered by this separate property insurance. All separate policies shall provide this waiver of subrogation by endorsement or otherwise. § 11.3.6 Before an exposure to loss may occur, the Owner shall file with the Contractor a copy of each policy that includes insurance coverages required by this Section 11.3. Each policy shall contain all generally applicable conditions, definitions, exclusions and endorsements related to this Project. Each policy shall contain a provision that the policy will not be canceled or allowed to expire, and that its limits will not be reduced, until at least 30 days’ prior written notice has been given to the Contractor. § 11.3.7 PARAGRAPH DELETED § 11.3.8 A loss insured under the Owner’s property insurance shall be adjusted by the Owner and made payable to the Owner, subject to requirements of any applicable mortgagee clause and of Section 11.3.10. The Contractor shall pay Subcontractors their just shares of insurance proceeds received by the Contractor, and by appropriate agreements, written where legally required for validity, shall require Subcontractors to make payments to their Sub-subcontractors in similar manner. § 11.3.9 PARAGRAPH DELETED § 11.3.10 PARAGRAPH DELETED § 11.4 PERFORMANCE BOND AND PAYMENT BOND § 11.4.1 The Contractor shall furnish to Owner bonds covering faithful performance of the Contract and payment of obligations arising thereunder pursuant to Idaho Code Section 54-1926 and shall pay Contractor all such costs for such bonds. Contractor shall have the right to require Subcontractors to furnish bonds covering faithful performance of the Contract and payment of obligations arising thereunder. Subcontractor bond costs shall be reimbursable provided that Contractor obtains prior written consent from the Owner for each Subcontractor bond and the total cost of Subcontractor bonds do not exceed twenty-five (25%) of the Cost of the Work. § 11.4.2 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall authorize a copy to be furnished. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK § 12.1 UNCOVERING OF WORK § 12.1.1 If a portion of the Work is covered contrary to the Architect’s written request or to requirements specifically expressed in the Contract Documents, it must, if requested in writing by the Architect, be uncovered for the Architect’s examination and be replaced at the Contractor’s expense without change in the Contract Time. § 12.1.2 If a portion of the Work has been covered that the Architect has not specifically requested to examine prior to its being covered, the Architect may request to see such Work and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate Change Order, be at the Owner’s expense. If such Work is not in accordance with the Contract Documents, such costs and the cost of correction shall be at the Contractor’s expense unless the condition was caused by the Owner or a separate contractor in which event the Owner shall be responsible for payment of such costs. § 12.2 CORRECTION OF WORK § 12.2.1 BEFORE OR AFTER SUBSTANTIAL COMPLETION The Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of the Contract Documents, whether discovered before or after Substantial Completion and whether or not fabricated, installed or completed. Costs of correcting such rejected Work, including additional testing and inspections, the cost of uncovering and replacement, and compensation for the Architect’s services and expenses made necessary thereby, shall be at the Contractor’s expense. § 12.2.1.1 In accordance with the project Architect, the Construction Manager shall develop and implement procedures for orderly completion of punch list items, checkout of utilities, operational systems and equipment and initial startup and testing. Preparation and delivery to the Owner of warranties, as built drawings, maintenance manuals, and the like, Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:10:45 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1380729961) 33 and generally administer closeout of the Project. The Construction Manager shall facilitate performance of all warranty obligations, resolution of all claims, and other post-construction requirements. § 12.2.2 AFTER SUBSTANTIAL COMPLETION § 12.2.2.1 In addition to the Contractor’s obligations under Section 3.5, if, within two years after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Section 9.9.1, or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition. During the two-year period for correction of Work, if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the correction, the Owner waives the rights to require correction by the Contractor and to make a claim for breach of warranty. If the Contractor fails to correct nonconforming Work within a reasonable time during that period after receipt of notice from the Owner or Architect, the Owner may correct it in accordance with Section 2.4. § 12.2.2.2 The two-year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work. § 12.2.2.3 The two-year period for correction of Work shall not be extended by corrective Work performed by the Contractor pursuant to this Section 12.2. § 12.2.3 The Contractor shall remove from the site portions of the Work that are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. § 12.2.4 The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of the Owner or separate contractors caused by the Contractor’s correction or removal of Work that is not in accordance with the requirements of the Contract Documents. § 12.2.5 Nothing contained in this Section 12.2 shall be construed to establish a period of limitation with respect to other obligations the Contractor has under the Contract Documents. Establishment of the one-year period for correction of Work as described in Section 12.2.2 relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor’s liability with respect to the Contractor’s obligations other than specifically to correct the Work. § 12.3 ACCEPTANCE OF NONCONFORMING WORK If the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. ARTICLE 13 MISCELLANEOUS PROVISIONS § 13.1 GOVERNING LAW The Contract shall be governed by the law of the State of Idaho. § 13.2 SUCCESSORS AND ASSIGNS § 13.2.1 The Owner and Contractor respectively bind themselves, their partners, successors, assigns and legal representatives to covenants, agreements and obligations contained in the Contract Documents. Except as provided in Section 13.2.2, neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. § 13.2.2 The Owner may, without consent of the Contractor, assign the Contract to a lender providing construction financing for the Project, if the lender assumes the Owner’s rights and obligations under the Contract Documents. The Contractor shall execute all consents reasonably required to facilitate such assignment. Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:10:45 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1380729961) 34 § 13.3 WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual, to a member of the firm or entity, or to an officer of the corporation for which it was intended; or if delivered at, or sent by registered or certified mail or by courier service providing proof of delivery to, the last business address known to the party giving notice. § 13.4 RIGHTS AND REMEDIES § 13.4.1 Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law. § 13.4.2 No action or failure to act by the Owner, Architect or Contractor shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach there under, except as may be specifically agreed in writing. § 13.5 TESTS AND INSPECTIONS § 13.5.1 Tests, inspections and approvals of portions of the Work shall be made as required by the Contract Documents and by applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of public authorities. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give the Architect timely notice of when and where tests and inspections are to be made so that the Architect may be present for such procedures. The Owner shall bear costs of (1) tests, inspections or approvals that do not become requirements until after bids are received or negotiations concluded, and (2) tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating their cost to the Contractor. § 13.5.2 If the Architect, Owner or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection or approval not included under Section 13.5.1, the Architect will, upon written authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Contractor shall give timely notice to the Architect of when and where tests and inspections are to be made so that the Architect may be present for such procedures. Such costs, except as provided in Section 13.5.3, shall be at the Owner’s expense. § 13.5.3 If such procedures for testing, inspection or approval under Sections 13.5.1 and 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, all costs made necessary by such failure including those of repeated procedures and compensation for the Architect’s services and expenses shall be at the Contractor’s expense. § 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Architect. § 13.5.5 If the Architect is to observe tests, inspections or approvals required by the Contract Documents, the Architect will do so promptly and, where practicable, at the normal place of testing. § 13.5.6 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. § 13.6 INTEREST Deleted § 13.7 TIME LIMITS ON CLAIMS The Owner and Contractor shall commence all claims and causes of action, whether in contract, tort, breach of warranty or otherwise, against the other arising out of or related to the Contract in accordance with the requirements of the final dispute resolution method selected in the Agreement within the time period specified by applicable laws of the State of Idaho, but in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Contractor waive all claims and causes of action not commenced in accordance with this Section 13.7. Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:10:45 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1380729961) 35 ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT § 14.1 TERMINATION BY THE CONTRACTOR § 14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 30 consecutive days through no act or fault of the Contractor or a Subcontractor, Sub-subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor, for any of the following reasons: .1 Issuance of an order of a court or other public authority having jurisdiction that requires all Work to be stopped; .2 An act of government, such as a declaration of national emergency that requires all Work to be stopped; .3 Because the Architect has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Section 9.4.1, or because the Owner has not made payment on a Certificate for Payment within forty-five (45) days of the time stated in the Contract Documents; or .4 The Owner has failed to furnish to the Contractor promptly, upon the Contractor’s request, reasonable evidence as required by Section 2.2.1. § 14.1.2 The Contractor may terminate the Contract if, through no act or fault of the Contractor or a Subcontractor, Sub-subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor, repeated suspensions, delays or interruptions of the entire Work by the Owner as described in Section 14.3 constitute in the aggregate more than 100 percent of the total number of days scheduled for completion, or 120 days in any 365-day period, whichever is less. § 14.1.3 If one of the reasons described in Section 14.1.1 or 14.1.2 exists, the Contractor may, upon seven days’ written notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work executed, including reasonable overhead and profit, and costs incurred by reason of such termination.. § 14.1.4 If the Work is stopped for a period of 60 consecutive days through no act or fault of the Contractor or a Subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor because the Owner has repeatedly failed to fulfill the Owner’s obligations under the Contract Documents with respect to matters important to the progress of the Work, the Contractor may, upon seven additional days’ written notice to the Owner and the Architect, terminate the Contract and recover from the Owner as provided in Section 14.1.3. § 14.2 TERMINATION BY THE OWNER FOR CAUSE § 14.2.1 The Owner may terminate the Contract if the Contractor .1 refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors; .3 disregards applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of a public authority; or .4 otherwise is guilty of substantial breach of a provision of the Contract Documents. § 14.2.2 When any of the above reasons exist, the Owner, upon certification by the Initial Decision Maker that sufficient cause exists to justify such action, may without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor’s surety, if any, seven days’ written notice, terminate employment of the Contractor and may, subject to any prior rights of the surety: .1 Exclude the Contractor from the site and take possession of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Contractor; .2 Accept assignment of subcontracts pursuant to Section 5.4; and .3 Finish the Work by whatever reasonable method the Owner may deem expedient. Upon written request of the Contractor, the Owner shall furnish to the Contractor a detailed accounting of the costs incurred by the Owner in finishing the Work. § 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 14.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished. Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:10:45 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1380729961) 36 § 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Architect’s services and expenses made necessary thereby, and other damages incurred by the Owner and not expressly waived, such excess shall be paid to the Contractor. If such costs and damages exceed the unpaid balance, the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or Owner, as the case may be, shall be certified by the Initial Decision Maker, upon application, and this obligation for payment shall survive termination of the Contract. § 14.3 SUSPENSION BY THE OWNER FOR CONVENIENCE § 14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. § 14.3.2 The Contract Sum and Contract Time shall be adjusted for increases in the cost and time caused by suspension, delay or interruption as described in Section 14.3.1. Adjustment of the Contract Sum shall include profit. No adjustment shall be made to the extent .1 that performance was suspended, delayed or interrupted by another cause for which the Contractor is responsible; or .2 that an equitable adjustment is made or denied under another provision of the Contract. § 14.4 TERMINATION BY THE OWNER FOR CONVENIENCE § 14.4.1 The Owner may, at any time, terminate the Contract for the Owner’s convenience and without cause. § 14.4.2 Upon receipt of written notice from the Owner of such termination for the Owner’s convenience, the Contractor shall .1 cease operations as directed by the Owner in the notice; .2 take actions necessary, or that the Owner may direct, for the protection and preservation of the Work; and .3 except for Work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders. § 14.4.3 In case of such termination for the Owner’s convenience, the Contractor shall be entitled to receive payment for Work executed, and costs incurred by reason of such termination. ARTICLE 15 CLAIMS AND DISPUTES § 15.1 CLAIMS § 15.1.1 DEFINITION A Claim is a demand or assertion by one of the parties seeking, as a matter of right, payment of money, or other relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in question between the Owner and Contractor arising out of or relating to the Contract. The responsibility to substantiate Claims shall rest with the party making the Claim. § 15.1.2 NOTICE OF CLAIMS Claims by either the Owner or Contractor must be initiated by written notice to the other party and to the Initial Decision Maker with a copy sent to the Architect, if the Architect is not serving as the Initial Decision Maker. Claims by either party must be initiated within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. § 15.1.3 CONTINUING CONTRACT PERFORMANCE Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article 14, the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. The Architect will prepare Change Orders and issue Certificates for Payment in accordance with the decisions of the Initial Decision Maker. § 15.1.4 CLAIMS FOR ADDITIONAL COST If the Contractor wishes to make a Claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Section 10.4. Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:10:45 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1380729961) 37 § 15.1.5 CLAIMS FOR ADDITIONAL TIME § 15.1.5.1 If the Contractor wishes to make a Claim for an increase in the Contract Time, written notice as provided herein shall be given. The Contractor’s Claim shall include an estimate of cost and of probable effect of delay on progress of the Work. In the case of a continuing delay, only one Claim is necessary. § 15.1.5.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time, could not have been reasonably anticipated and had an adverse effect on the scheduled construction. (Paragraphs deleted) § 15.2 INITIAL DECISION § 15.2.1 Claims, excluding those arising under Sections 10.3, 10.4, 11.3.9, and 11.3.10, shall be referred to the Initial Decision Maker for initial decision. The Architect will serve as the Initial Decision Maker, unless otherwise indicated in the Agreement. Except for those Claims excluded by this Section 15.2.1, an initial decision shall be required as a condition precedent to mediation of any Claim arising prior to the date final payment is due, unless 30 days have passed after the Claim has been referred to the Initial Decision Maker with no decision having been rendered. Unless the Initial Decision Maker and all affected parties agree, the Initial Decision Maker will not decide disputes between the Contractor and persons or entities other than the Owner. § 15.2.2 The Initial Decision Maker will review Claims and within ten days of the receipt of a Claim take one or more of the following actions: (1) request additional supporting data from the claimant or a response with supporting data from the other party, (2) reject the Claim in whole or in part, (3) approve the Claim, (4) suggest a compromise, or (5) advise the parties that the Initial Decision Maker is unable to resolve the Claim if the Initial Decision Maker lacks sufficient information to evaluate the merits of the Claim or if the Initial Decision Maker concludes that, in the Initial Decision Maker’s sole discretion, it would be inappropriate for the Initial Decision Maker to resolve the Claim. § 15.2.3 In evaluating Claims, the Initial Decision Maker may, but shall not be obligated to, consult with or seek information from either party or from persons with special knowledge or expertise who may assist the Initial Decision Maker in rendering a decision. The Initial Decision Maker may request the Owner to authorize retention of such persons at the Owner’s expense. § 15.2.4 If the Initial Decision Maker requests a party to provide a response to a Claim or to furnish additional supporting data, such party shall respond, within ten days after receipt of such request, and shall either (1) provide a response on the requested supporting data, (2) advise the Initial Decision Maker when the response or supporting data will be furnished or (3) advise the Initial Decision Maker that no supporting data will be furnished. Upon receipt of the response or supporting data, if any, the Initial Decision Maker will either reject or approve the Claim in whole or in part. § 15.2.5 The Initial Decision Maker will render an initial decision approving or rejecting the Claim, or indicating that the Initial Decision Maker is unable to resolve the Claim. This initial decision shall (1) be in writing; (2) state the reasons therefor; and (3) notify the parties and the Architect, if the Architect is not serving as the Initial Decision Maker, of any change in the Contract Sum or Contract Time or both. The initial decision shall be final and binding on the parties but subject to mediation and, if the parties fail to resolve their dispute through mediation, to binding dispute resolution. § 15.2.6 Either party may file for mediation of an initial decision at any time, subject to the terms of Section 15.2.6.1. § 15.2.6.1 Either party may, within 30 days from the date of an initial decision, demand in writing that the other party file for mediation within 60 days of the initial decision. If such a demand is made and the party receiving the demand fails to file for mediation within the time required, then both parties waive their rights to mediate or pursue binding dispute resolution proceedings with respect to the initial decision. § 15.2.7 In the event of a Claim against the Contractor, the Owner may, but is not obligated to, notify the surety, if any, of the nature and amount of the Claim. If the Claim relates to a possibility of a Contractor’s default, the Owner may, but is not obligated to, notify the surety and request the surety’s assistance in resolving the controversy. Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:10:45 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1380729961) 38 § 15.2.8 If a Claim relates to or is the subject of a mechanic’s lien, the party asserting such Claim may proceed in accordance with applicable law to comply with the lien notice or filing deadlines. § 15.3 MEDIATION § 15.3.1 Claims, disputes, or other matters in controversy arising out of or related to the Contract except those waived as provided for in Sections 9.10.4 and 9.10.5 shall be subject to mediation as a condition precedent to binding dispute resolution. § 15.3.2 The parties shall endeavor to resolve their Claims by mediation which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of the Agreement. A request for mediation shall be made in writing, delivered to the other party to the Contract, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of binding dispute resolution proceedings but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. § 15.3.3 The parties shall share the mediator’s fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. (Paragraphs deleted) Additions and Deletions Report for AIA® Document A201TM – 2007 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 12:10:45 on 07/13/2018. Additions and Deletions Report for AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:10:45 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1380729961) 1 PAGE 1 Meridian Fire Station #6 Overland Road and Locust Grove Meridian, ID … (Name, legal status and address) City of Meridian 33 East Broadway Avenue Meridian, ID 83642 … Rice Fergus Miller275 Fifth Street, Ste 100 Bremerton, WA Pivot North Architecture 1101 W Grove Street, Boise, ID PAGE 2 8.3.1, 11.3.10, 13.1, 15.3.2, 15.4 13.1 … 9.7, 11.3.9, 11.3.10, 13.1, 15.2.5, 15.2.6.1, 15.3.1, 15.3.2, 15.4.1 PAGE 3 3.2.4, 6.1.1, 6.3, 7.3.9, 9.3.3, 9.10.4, 10.3.3, 15, 15.415 Claims and Timely Assertion of Claims 15.4.1 Claims for Additional Cost … 15.3.1, 15.4.115.3.1 … 1.6, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 4.1.1, 9.6.4, 10.2.2, 11.1, 11.3, 13.1, 13.4, 13.5.1, 13.5.2, 13.6, 14.1.1, 14.2.1.3, 15.2.8, 15.4.2, 15.4.315.2.8 … 3.4.2, 3.7.4, 3.12.8, 3.14.2, 4.1.2, 9.3.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3, 11.3.1, 13.2, 13.4.2, 15.4.4.213.4.2 Consolidation or Joinder Additions and Deletions Report for AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:10:45 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1380729961) 2 15.4.4 Judgment on Final Award 15.4.2 PAGE 5 1.5, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 4.1.1, 9.6.4, 9.9.1, 10.2.2, 11.1.1, 11.3, 13.1, 13.4, 13.5.1, 13.5.2, 13.6, 14, 15.2.8, 15.415.2.8 … 12.2.5, 13.7, 15.4.1.113.7 PAGE 6 8.3.1, 10.3.5, 10.3.6, 15.2.1, 15.2.5, 15.2.6, 15.3, 15.4.115.3 … 2.2.1, 2.3, 2.4, 3.2.4, 3.3.1, 3.7.2, 3.12.9, 5.2.1, 9.7, 9.10, 10.2.2, 11.1.3, 12.2.2.1, 13.3, 13.5.1, 13.5.2, 14.1, 14.2, 15.2.8, 15.4.115.2.8 … 2.3, 2.4, 3.3.1, 3.9.2, 3.12.9, 3.12.10, 5.2.1, 9.7, 9.10, 10.2.2, 10.3, 11.1.3, 11.3.6, 12.2.2.1, 13.3, 14, 15.2.8, 15.4.115.2.8 … 3.7.4, 10.2.8, 15.1.2, 15.415.1.2 … Order of Precedence 1.7 … Parties Relations 1.1.9 PAGE 7 1.5, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 4.1.1, 9.6.4, 9.9.1, 10.2.2, 11.1, 11.4, 13.1, 13.4, 13.5.1, 13.5.2, 13.6, 14, 15.2.8, 15.415.2.8 … 1.1.2, 2.3, 2.4, 3.5, 3.7.4, 3.15.2, 4.2.6, 5.3, 5.4, 6.1, 6.3, 7.3.1, 8.3, 9.5.1, 9.7, 10.2.5, 10.3, 12.2.2, 12.2.4, 13.4, 14, 15.414 … Rules and Notices for Arbitration 15.4.1 … 13.7, 15.4.1.113.7 Additions and Deletions Report for AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:10:45 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1380729961) 3 PAGE 8 2.1.2, 2.2, 2.4, 3.2.2, 3.10, 3.11, 3.12.5, 3.15.1, 4.2, 5.2, 5.3, 5.4, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3.1, 9.3.3, 9.4.1, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 11.1.3, 12.2, 13.5, 13.7, 14, 15.1.2, 15.415.1.2 … 1.5.2, 3.4.2, 3.7.4, 3.12.8, 3.14.2, 4.1.2, 9.3.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3, 11.4.1, 13.2, 13.4.2, 15.4.4.213.4.2 … 2.3, 2.4, 3.3.1, 3.9, 3.12.9, 3.12.10, 5.2.1, 8.2.2, 9.7, 9.10, 10.2.2, 10.3, 11.1.3, 12.2.2, 12.2.4, 13.3, 14, 15.4.114 PAGE 9 § 1.1.9 PARTIES RELATIONS Owner, Architect and Contractor agree to proceed with the Work on the basis of mutual trust, good faith and fair dealing. § 1.2.1 The intent of the Contract Documents is to Contract Documents shall include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. PAGE 10 § 1.4.1 In the event of conflicts, inconsistencies, discrepancies or ambiguities between or among the Contract Documents not resolved by Addenda, interpretations shall be based on the following order of precedence: .1 Modifications of the Agreement, with those of later date having precedence over those of earlier date, .2 The Agreement; .3 These Terms and Conditions .4 Addenda, with those of later date having precedence over those of earlier date; .5 The Drawings, with those in larger scale having precedence over those in smaller scale, and with notes and schedules thereon having precedence over the remainder of the drawings; and .6 The Specifications. … § 2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The Owner shall designate in writing a representative who shall have express authority to bind the Owner with respect to all matters requiring the Owner’s approval approval, agreement, or authorization. Except as otherwise provided in Section 4.2.1, the Architect does not have such authority. The term "Owner" means the Owner or the Owner’s authorized representative. § 2.1.2 The Owner shall furnish to the Contractor within fifteen days after receipt of a written request, information reasonably necessary and relevant for the Contractor to evaluate, give notice of or enforce mechanic’s lien rights. Such information shall include a correct statement of the record legal title to the property on which the Project is located, usually referred to as the site, and the Owner’s interest therein. PAGE 11 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a ten-day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the reasonable cost of correcting such deficiencies, including Owner’s expenses and compensation for the Architect’s additional services made necessary by such default, neglect or failure. Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Architect. If Additions and Deletions Report for AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:10:45 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1380729961) 4 payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. PAGE 12 § 3.2.4 If the Contractor believes that additional cost or time is involved because of clarifications or instructions the Architect issues in response to the Contractor’s notices or requests for information pursuant to Sections 3.2.2 or 3.2.3, the Contractor shall make Claims as provided in Article 15. If the Contractor fails to perform the obligations of Sections 3.2.2 or 3.2.3, the Contractor shall pay such costs and damages to the Owner as would have been avoided if the Contractor had performed such obligations. If the Contractor performs those obligations, the Contractor shall not be liable to the Owner or Architect for damages resulting from errors, inconsistencies or omissions in the Contract Documents, for differences between field measurements or conditions and the Contract Documents, or for nonconformities of the Contract Documents to applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities. … § 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor’s best skill and attention. The Contractor shall be solely responsible for, and have control over, construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract, unless the Contract Documents give other specific instructions concerning these matters. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor shall evaluate the jobsite safety thereof and, except as stated below, shall be fully and solely responsible for the jobsite safety of such means, methods, techniques, sequences or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the Owner and Architect and shall not proceed with that portion of the Work without further written instructions from the Architect. If the Contractor is then instructed to proceed with the required means, methods, techniques, sequences or procedures without acceptance of changes proposed by the Contractor, the Owner shall be solely responsible for any loss or damage arising solely from those Owner-required means, methods, techniques, sequences or procedures. The Contractor shall manage and coordinate all Subcontractors and others engaged in the performance of the Work. PAGE 13 § 3.3.4 The Contractor shall provide and maintain a construction office at the site. … The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless the Contract Documents require or permit otherwise. The Contractor further warrants that the Work will conform to the requirements of the Contract Documents and will be free from defects, except for those inherent in the quality of the Work the Contract Documents require or permit. . The Contractor further warrants that the Work will comply with applicable laws and industry standards, and shall be performed or installed in accordance with all manufacturers’ requirements, recommendations and guidelines unless otherwise specified in the Contract Documents. Work, materials, or equipment not conforming to these requirements may be considered defective. The Contractor’s warranty excludes remedy for damage or defect caused by abuse, alterations to the Work not executed by the Contractor, improper or insufficient maintenance, improper operation, defective design, or normal wear and tear and normal usage. If required by the Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. … The Unless otherwise agreed, the Contractor shall pay sales, consumer, use and similar taxes for the Work provided by the Contractor that are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect. … Additions and Deletions Report for AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:10:45 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1380729961) 5 § 3.7.3 If the Contractor performs Work knowing it to be contrary to applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, the Contractor shall assume appropriate responsibility for such Work and shall bear the costs attributable to correction.correction, unless after having notified the Architect or Owner pursuant to Article 3.2, and either the Architect or Owner order or direct the Contractor to complete said Work. PAGE 14 § 3.7.5 If, in the course of the Work, the Contractor knowingly encounters human remains or recognizes the existence of burial markers, archaeological sites or wetlands not indicated in the Contract Documents, the Contractor shall immediately suspend any operations that would affect them and shall notify the Owner and Architect. Upon receipt of such notice, the Owner shall promptly take any action necessary to obtain governmental authorization required to resume the operations. The Contractor shall continue to suspend such operations until otherwise instructed by the Owner but shall continue with all other operations that do not affect those remains or features. Requests for adjustments in the Contract Sum and Contract Time arising from the existence of such remains or features may be made as provided in Article 15. … .1 Allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade discounts;all direct cost to the Contractor including but not limited to purchasing materials, transportation, expediting, unloading, storing, installation, bonds, taxes, insurance, and any other expenses; .2 Contractor’s costs for unloading and handling at the site, labor, installation costs, overhead, profit and other expenses General Conditions, fee and general liability insurance contemplated for stated allowance amounts shall be included in the Contract Sum but not in the allowances; and not in the stated allowance; and … § 3.9.1 The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site during performance of the Work. The superintendent shall represent the Contractor, and communications given to the superintendent shall be as binding as if given to the Contractor. The Superintendent shall continuously supervise and observe all work in progress so as to ensure that the Work is proceeding in accordance with the Contract Documents. PAGE 15 § 3.10.1.1 The Construction Manager shall assign a professional project scheduler possessing building and site design and construction experience. The Construction Manager may assign an in-house scheduler. The Construction Manager shall develop a detailed critical path method (CPM) schedule that identifies all design activities, permits and all other activities required to be completed before construction activities can begin and a preliminary construction schedule. The CPM project schedules shall be developed using Microsoft Project’s latest version, or Primavera SureTrak Project Manager’s latest version. … § 3.11.1 The Construction Manager shall maintain complete and accurate records, including (a) correspondence, (b) meeting notes and minutes, (c) shop drawings and submittals, (d) Construction Documents including change orders, (e) clarifications and interpretations of the Construction Documents issued by the project Architect, (f) progress reports including observations of testing performed, (g) as-built drawings, and (h) all other Project-related documents including but not limited to those utilizing the project management software. … § 3.12.4 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. Their purpose is to demonstrate the way by which the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents for those portions of the Work for which the Contract Documents require Additions and Deletions Report for AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:10:45 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1380729961) 6 submittals. Review by the Architect is subject to the limitations of Section 4.2.7. Informational submittals upon which the Architect is not expected to take responsive action may be so identified in the Contract Documents. Submittals that are not required by the Contract Documents may be returned by the Architect without action. PAGE 16 . PAGE 17 § 3.18.1 To the fullest extent permitted by law the Contractor shall indemnify indemnify, defend and hold harmless the Owner, Architect, Architect’s consultants, and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys’ fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), but only to the extent caused by the negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in this Section 3.18. In the event of concurrent negligence of Contractor, its agents, employees or subcontractors, and that of the Owner or its contractors, which concurrent negligence results in injury or damage to persons or property and relates to the construction, alteration, repair addition to, subtraction from, improvement to or maintenance of the property, or the improvements to be constructed in accordance with this Contract, Contractor’s obligation to indemnify Owner as set forth in this paragraph shall be limited to the extent of Contractor’s negligence and that of its agents, employees, invitees, licensees or subcontractors, including Contractor’s proportional share based upon each parties negligence of costs, attorney’s fees and expenses incurred in connection with any claim action or proceeding brought with the respect to such injury or damage. PAGE 18 Except as otherwise provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Contractor shall endeavor to communicate with each other through the Architect about matters arising out of or relating to the Contract. Communications by and with the Architect’s consultants shall be through the Architect. Communications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with separate contractors shall be through the Owner. … § 4.2.6 The Architect has authority to and shall reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect will have authority to require inspection or testing of the Work in accordance with Sections 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees, or other persons or entities performing portions of the Work. PAGE 19 § 4.2.14 The Architect will review and respond to requests for information about the Contract Documents. The Architect’s response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. If appropriate, the Architect will prepare and issue supplemental Drawings and Specifications in response to the requests for information. In the case of a Change in Work which results from a response, the Owner may issue a Construction Change Directive. … § 5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner through the Architect the names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed Additions and Deletions Report for AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:10:45 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1380729961) 7 for each principal portion of the Work. The Architect may reply within 14 days to the Contractor in writing stating (1) whether the Owner or the Architect has reasonable objection to any such proposed person or entity or (2) that the Architect requires additional time for review. Failure of the Owner or Architect to reply within the 14-day period shall constitute notice of no reasonable objection. The Contractor shall update this list throughout the Project and keep Owner and Architect advised of any new Subcontractors employed. PAGE 20 By appropriate agreement, written where legally required for validity, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities, including the responsibility for safety of the Subcontractor’s Work, which the Contractor, by these Documents, assumes toward the Owner and Architect. Each subcontract agreement shall preserve and protect the rights of the Owner and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner. rights. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub-subcontractors. The Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement that may be at variance with the Contract Documents. Subcontractors will similarly make copies of applicable portions of such documents available to their respective proposed Sub-subcontractors. … § 6.1.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner’s own forces, and to award separate contracts in connection with other portions of the Project or other construction or operations on the site under Conditions of the Contract identical or substantially similar to these including those portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such Claim as provided in Article 15. The Owner must comply with the safety and insurance requirements of Contractor as a precedent to exercising such right. PAGE 22 § 7.1.2 A Change Order shall be based upon agreement among the Owner, Contractor and Architect; a Construction Change Directive requires agreement by the Owner and Architect and may or may not be agreed to by the Contractor; an order for a minor change in the Work may be issued by the Architect Owner alone. § 7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents, and the Contractor shall proceed promptly, as required by the Contract, unless otherwise provided in the Change Order, Construction Change Directive or order for a minor change in the Work. … § 7.2.1 A Change Order is a written instrument prepared by the Architect or Contractor and signed by the Owner, Contractor and Architect stating their agreement upon all of the following: … § 7.3.1 A Construction Change Directive is a written order prepared by the Architect Owner and signed by the Owner and Architect, Owner, directing a change in the Work prior to agreement on adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Sum and Contract Time being adjusted accordingly. PAGE 23 § 7.3.9 Pending final determination of the total cost of a Construction Change Directive to the Owner, the Contractor may request payment for Work completed under the Construction Change Directive in Applications for Payment. The Additions and Deletions Report for AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:10:45 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1380729961) 8 Architect will make an interim determination for purposes of monthly certification for payment for those costs and certify for payment the amount that the Architect determines, in the Architect’s professional judgment, to be reasonably justified. The Architect’s interim determination of cost shall adjust the Contract Sum on the same basis as a Change Order, subject to the right of either party to disagree and assert a Claim in accordance with Article 15. The Owner shall pay such amounts as certified by the Architect. PAGE 24 § 9.3.1 At least ten days before the date established for each progress payment, the Contractor shall submit to the Architect an itemized Application for Payment prepared in accordance with the schedule of values, if required under Section 9.2, for completed portions of the Work. values. Such application shall be notarized, if required, and supported by such data substantiating the Contractor’s right to payment as the Owner or Architect may require, such as copies of requisitions from Subcontractors and material suppliers, suppliers which Contractor has a Subcontract or Purchase Order, and shall reflect retainage if provided for in the Contract Documents. … § 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor’s knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the Work.Work, and conditional and unconditional lien releases shall be furnished with each Application for Payment. PAGE 25 .7 repeated and/or substantial failure to carry out the Work in accordance with the Contract Documents. PAGE 26 If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven days after receipt of the Contractor’s Application for Payment, or if the Owner does not pay the Contractor within seven thirty (30) days after the date established in the Contract Documents the amount certified by the Architect or awarded by binding dispute resolution, then the Contractor may, upon seven additional days’ written notice to the Owner and Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor’s reasonable costs of shut-down, delay and start-up, plus interest as provided for in the Contract Documents. … § 9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall prepare and submit to notify the Architect to prepare a comprehensive list punchlist of items to be completed or corrected prior to final payment. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. PAGE 32 Additions and Deletions Report for AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:10:45 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1380729961) 9 § 11.3.7 WAIVERS OF SUBROGATION The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub-subcontractors, agents and employees, each of the other, and (2) the Architect, Architect’s consultants, separate contractors described in Article 6, if any, and any of their subcontractors, sub-subcontractors, agents and employees, for damages caused by fire or other causes of loss to the extent covered by property insurance obtained pursuant to this Section 11.3 or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The Owner or Contractor, as appropriate, shall require of the Architect, Architect’s consultants, separate contractors described in Article 6, if any, and the subcontractors, sub-subcontractors, agents and employees of any of them, by appropriate agreements, written where legally required for validity, similar waivers each in favor of other parties enumerated herein. The policies shall provide such waivers of subrogation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged.PARAGRAPH DELETED § 11.3.8 A loss insured under the Owner’s property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear, and made payable to the Owner, subject to requirements of any applicable mortgagee clause and of Section 11.3.10. The Contractor shall pay Subcontractors their just shares of insurance proceeds received by the Contractor, and by appropriate agreements, written where legally required for validity, shall require Subcontractors to make payments to their Sub-subcontractors in similar manner. § 11.3.9 If required in writing by a party in interest, the Owner as fiduciary shall, upon occurrence of an insured loss, give bond for proper performance of the Owner’s duties. The cost of required bonds shall be charged against proceeds received as fiduciary. The Owner shall deposit in a separate account proceeds so received, which the Owner shall distribute in accordance with such agreement as the parties in interest may reach, or as determined in accordance with the method of binding dispute resolution selected in the Agreement between the Owner and Contractor. If after such loss no other special agreement is made and unless the Owner terminates the Contract for convenience, replacement of damaged property shall be performed by the Contractor after notification of a Change in the Work in accordance with Article 7. PARAGRAPH DELETED § 11.3.10 The Owner as fiduciary shall have power to adjust and settle a loss with insurers unless one of the parties in interest shall object in writing within five days after occurrence of loss to the Owner’s exercise of this power; if such objection is made, the dispute shall be resolved in the manner selected by the Owner and Contractor as the method of binding dispute resolution in the Agreement. If the Owner and Contractor have selected arbitration as the method of binding dispute resolution, the Owner as fiduciary shall make settlement with insurers or, in the case of a dispute over distribution of insurance proceeds, in accordance with the directions of the arbitrators. PARAGRAPH DELETED … § 11.4.1 The Contractor shall furnish to Owner bonds covering faithful performance of the Contract and payment of obligations arising thereunder pursuant to Idaho Code Section 54-1926 and shall pay Contractor all such costs for such bonds. Contractor shall have the right to require the Contractor Subcontractors to furnish bonds covering faithful performance of the Contract and payment of obligations arising thereunder as stipulated in bidding requirements or specifically required in the Contract Documents on the date of execution of the Contract.thereunder. Subcontractor bond costs shall be reimbursable provided that Contractor obtains prior written consent from the Owner for each Subcontractor bond and the total cost of Subcontractor bonds do not exceed twenty-five (25%) of the Cost of the Work. … § 12.1.1 If a portion of the Work is covered contrary to the Architect’s written request or to requirements specifically expressed in the Contract Documents, it must, if requested in writing by the Architect, be uncovered for the Architect’s examination and be replaced at the Contractor’s expense without change in the Contract Time. … Additions and Deletions Report for AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:10:45 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1380729961) 10 § 12.2.1.1 In accordance with the project Architect, the Construction Manager shall develop and implement procedures for orderly completion of punch list items, checkout of utilities, operational systems and equipment and initial startup and testing. Preparation and delivery to the Owner of warranties, as built drawings, maintenance manuals, and the like, and generally administer closeout of the Project. The Construction Manager shall facilitate performance of all warranty obligations, resolution of all claims, and other post-construction requirements. § 12.2.2.1 In addition to the Contractor’s obligations under Section 3.5, if, within one year two years after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Section 9.9.1, or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition. During the one-year two-year period for correction of Work, if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the correction, the Owner waives the rights to require correction by the Contractor and to make a claim for breach of warranty. If the Contractor fails to correct nonconforming Work within a reasonable time during that period after receipt of notice from the Owner or Architect, the Owner may correct it in accordance with Section 2.4. § 12.2.2.2 The one-year two-year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work. § 12.2.2.3 The one-year two-year period for correction of Work shall not be extended by corrective Work performed by the Contractor pursuant to this Section 12.2. PAGE 33 The Contract shall be governed by the law of the place where the Project is located except that, if the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section 15.4.State of Idaho. PAGE 34 Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at such rate as the parties may agree upon in writing or, in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located.Deleted … The Owner and Contractor shall commence all claims and causes of action, whether in contract, tort, breach of warranty or otherwise, against the other arising out of or related to the Contract in accordance with the requirements of the final dispute resolution method selected in the Agreement within the time period specified by applicable law, laws of the State of Idaho, but in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Contractor waive all claims and causes of action not commenced in accordance with this Section 13.7. PAGE 35 .3 Because the Architect has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Section 9.4.1, or because the Owner has not made payment on a Certificate for Payment within forty-five (45) days of the time stated in the Contract Documents; or … § 14.1.3 If one of the reasons described in Section 14.1.1 or 14.1.2 exists, the Contractor may, upon seven days’ written notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work executed, including reasonable overhead and profit, and costs incurred by reason of such termination, and damages. termination.. Additions and Deletions Report for AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:10:45 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1380729961) 11 … .1 repeatedly refuses or fails to supply enough properly skilled workers or proper materials; … .3 repeatedly disregards applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of a public authority; or PAGE 36 .1 that performance is, was or would have been so suspended, delayed or interrupted by another cause for which the Contractor is responsible; or … § 14.4.3 In case of such termination for the Owner’s convenience, the Contractor shall be entitled to receive payment for Work executed, and costs incurred by reason of such termination, along with reasonable overhead and profit on the Work not executed.termination. PAGE 37 § 15.1.6 CLAIMS FOR CONSEQUENTIAL DAMAGES The Contractor and Owner waive Claims against each other for consequential damages arising out of or relating to this Contract. This mutual waiver includes .1 damages incurred by the Owner for rental expenses, for losses of use, income, profit, financing, business and reputation, and for loss of management or employee productivity or of the services of such persons; and .2 damages incurred by the Contractor for principal office expenses including the compensation of personnel stationed there, for losses of financing, business and reputation, and for loss of profit except anticipated profit arising directly from the Work. This mutual waiver is applicable, without limitation, to all consequential damages due to either party’s termination in accordance with Article 14. Nothing contained in this Section 15.1.6 shall be deemed to preclude an award of liquidated damages, when applicable, in accordance with the requirements of the Contract Documents. PAGE 38 § 15.3.1 Claims, disputes, or other matters in controversy arising out of or related to the Contract except those waived as provided for in Sections 9.10.4, 9.10.5, and 15.1.6 9.10.4 and 9.10.5 shall be subject to mediation as a condition precedent to binding dispute resolution. § 15.3.2 The parties shall endeavor to resolve their Claims by mediation which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of the Agreement. A request for mediation shall be made in writing, delivered to the other party to the Contract, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of binding dispute resolution proceedings but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order.If an arbitration is stayed pursuant to this Section 15.3.2, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings. … § 15.4 ARBITRATION § 15.4.1 If the parties have selected arbitration as the method for binding dispute resolution in the Agreement, any Claim subject to, but not resolved by, mediation shall be subject to arbitration which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Additions and Deletions Report for AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:10:45 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1380729961) 12 Arbitration Rules in effect on the date of the Agreement. A demand for arbitration shall be made in writing, delivered to the other party to the Contract, and filed with the person or entity administering the arbitration. The party filing a notice of demand for arbitration must assert in the demand all Claims then known to that party on which arbitration is permitted to be demanded. § 15.4.1.1 A demand for arbitration shall be made no earlier than concurrently with the filing of a request for mediation, but in no event shall it be made after the date when the institution of legal or equitable proceedings based on the Claim would be barred by the applicable statute of limitations. For statute of limitations purposes, receipt of a written demand for arbitration by the person or entity administering the arbitration shall constitute the institution of legal or equitable proceedings based on the Claim. § 15.4.2 The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. § 15.4.3 The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to the Agreement shall be specifically enforceable under applicable law in any court having jurisdiction thereof. § 15.4.4 CONSOLIDATION OR JOINDER § 15.4.4.1 Either party, at its sole discretion, may consolidate an arbitration conducted under this Agreement with any other arbitration to which it is a party provided that (1) the arbitration agreement governing the other arbitration permits consolidation, (2) the arbitrations to be consolidated substantially involve common questions of law or fact, and (3) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s). § 15.4.4.2 Either party, at its sole discretion, may include by joinder persons or entities substantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded in arbitration, provided that the party sought to be joined consents in writing to such joinder. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent. § 15.4.4.3 The Owner and Contractor grant to any person or entity made a party to an arbitration conducted under this Section 15.4, whether by joinder or consolidation, the same rights of joinder and consolidation as the Owner and Contractor under this Agreement. AIA Document D401™ – 2003. Copyright © 1992 and 2003 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:10:45 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1380729961) 1 Certification of Document’s Authenticity AIA® Document D401™ – 2003 I, , hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 12:10:45 on 07/13/2018 under Order No. 9838311733 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA® Document A201™ – 2007, General Conditions of the Contract for Construction , as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. _____________________________________________________________ (Signed) _____________________________________________________________ (Title) _____________________________________________________________ (Dated) City Council Meeting Meeting Date: July 179 2018 Agenda Item Number: 6M Project/File Number: Item Title: Award of Bid and Approval of Agreement to Post Drilling Inc. for the "WELL 33 Test Well - Construction" project for a Not -To - Exceed amount of $344,990.00 Meeting Notes 9 APPROVES Page 1 Memo To: C. Jay Coles, City Clerk, From: Keith Watts, Purchasing Manager CC: Garrick Nelson Date: 7/13/2018 Re: July 17 th City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the July 17 th City Council Consent Agenda for Council’s consideration. Award of Bid and Approval of Agreement to Post Drilling Inc. for the “WELL 33 Test Well - Construction” project for a Not-To-Exceed amount of $344,990.00. Recommended Council Action: Award of Bid and Approval of Agreement To Post Drilling Inc. for the Not-To-Exceed amount of $344,990.00. Thank you for your consideration. City of Meridian Purchasing Dept. Meridian City Council Meeting Agenda July 17, 2018 – Page 182 of 367 THIS CONTRACT FOR PUBLIC WORKS CONSTRUCTION is made this 17'h day of July, 20'18, 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|TY", 33 East Broadway Avenue, Meridian, ldaho 83642, and Post Drillinq, lnc., hereinafter referred to as "CONTRACTOR', whose business address is PO Box 5BB. Weiser lD 83672 and whose Public Works Contractor License # is 013426-CC-4. INTRODUCTION Whereas, the City has a need for services involving well drillinq; 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. 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Contractor represents and warrants that it will perform its work in accordance with generally WELL 33 TEST WELL - CONSTRUCTION page 1 of 14 Project'10015.B CONTRACT FOR PUBLIC WORKS CONSTRUCTION WELL 33 TEST WELL - CONSTRUCTION PROJECT # 10001s.B 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, except that, as to any work which is copyrighted by the Contractor, the City reserves a royalty-free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. Meridian City Council Meeting Agenda July 17, 2018 – Page 183 of 367 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 perlormed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1 .4 Services and work provided by the Contractor at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Contractor shall be compensated on a Not-To-Exceed basis as provided in Exhibit B "Payment Schedule" attached hereto and by reference made a part hereof for the Not-To-Exceed amount of $344.990.00. 2.2 The Contractor shall provide the City with a monthly statement and supporting invoices, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval bythe City. The Citywill notwithhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement including, but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Term: 3.2 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. WELL 33 TEST WELL - CONSTRUCTION Project 10015.8 page 2 ol 14 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. Meridian City Council Meeting Agenda July 17, 2018 – Page 184 of 367 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 120 (one hundred twenty) calendar days f rom Notice to Proceed. This project shall be considered Substantially Complete when the Owner has full and unrestricted use and benefit of the facilities, both from an operational and safety standpoint, and only minor incidental work, corrections or repairs remain for the physical completion of the total contract. Contractor shall be liable to the City for any delay beyond this time period in the amount of $500.00 (tive hundred dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu ot any claim or damage because of such delay and not be construed as a penalty. 5. Termination: 5.1 lf , through any cause, CONTRACTOR, its officers, employees, or agents fails to fulf ill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. 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. 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 Clry may withhold any payments to WELL 33 TEST WELL - CONSTRUCTION page 3 of 14 Project 10015.8 Upon receipt of a Notice to Proceed, the Contractor shall have 150 (one hundred f ifty) calendar days to complete the work as described herein. Contractor shall be liable to the City for any delay beyond this time period in the amount of $500.00 (five hundred dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. See Milestones listed in the Payment Schedule for Substantial Completion. Meridian City Council Meeting Agenda July 17, 2018 – Page 185 of 367 CONTRACTOR for the purposes of set-otf until such time as the exact amount o, damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 6. lndependent Contractor: 6.1 ln all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in 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 all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. 6.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in f ulfillment 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 Contractor. 7. Sub-Contractors: Contractor shall require that all of its sub-contractors be licensed per State of ldaho Statute # 54-1901 8. Removal of Unsatisfactory Employees: The Contractor shall only furnish employees who are competent and skilled for work 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. 9. lndemnification and lnsurance: 9.1 CONTRACTOR shall indemnify and save and hold harmless CITY and it's elected off icials, off icers, employees, agents, and volunteers lrom and for any and all losses, claims, actions, ludgments for damages, or injury to persons or property WELL 33 TEST WELL - CONSTRUCTION page 4 of 14 Project 10015.8 Meridian City Council Meeting Agenda July 17, 2018 – Page 186 of 367 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 soecificallv aorees tha it will maintain. throuohout the term of this Aoreement. liabilitvt insurance. in which t he CITY shall be named an additional ins ured in the minimum amou nts 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 otficers, 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. In the event the insurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, ldaho 83642. 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. WELL 33 TEST WELL - CONSTRUCTION Project 10015.8 page 5 of 14 9.2 lnsurance is to be placed with an ldaho admitted insurer with a Best's rating of no less than A-. 9.4 To the extent of the indemnity in this contract, Contractor's lnsurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or seltinsurance maintained by the City or the City's elected officers, off icials, 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. Meridian City Council Meeting Agenda July 17, 2018 – Page 187 of 367 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 Contractor and Contractor's agents, representatives, employees or 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 with a Best's rating of no less than A-. 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 for 2 years f rom the date of the City of Meridian acceptance per the ISPWC and the Meridian Supplemental Specifications & Drawings to the ISPWC and any modifications, which by this reference are made a part hereof. All items found to be defective during a warranty inspection and subsequently corrected will require an additional two (2) year warranty from the date of City's acceptance of the corrected work. 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 between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. WELL 33 TEST WELL . CONSTRUCTION Project '10015.8 page 6 ol '14 Meridian City Council Meeting Agenda July 17, 2018 – Page 188 of 367 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. MeridianStormwaterSpecifications: 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 Contractor's violation of any ACHD policy. City shall certify to ACHD that Contractor is authorized to obtain a Temporary Highway and Right-of-Way Use Permit from ACHD on City's behalf. The parties acknowledge and agree that the scope of the agency granted by such certification is limited to, and conterminous with, the term and scope of this Agreement. 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. 'I 7.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. WELL 33 TEST WELL - CONSTRUCTION Project 1001 5.8 page 7 of 14 AII construction projects require either a Storm Water Pollution Prevention Plan (SWPPP) or an erosion sediment control plan (ESCP) as specified in the City ot Meridian Construction Stormwater Management Program (CSWMP) manual. The CSWMP manual containing the procedures and guidelines can be found at this address: http ://www.meridiancity.oro/environmental.aspx?id=1 36'l 8. Meridian City Council Meeting Agenda July 17, 2018 – Page 189 of 367 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, Reproduction and Use o, 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 otheMise 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 affirmative 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 unlaMully 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{ive percent (95%) bona fide ldaho residents. 22. Advice ol Attorney: Each party warrants and represents that in executing this Agreement. lt has received independent legal advice f rom its attorney's or the opportunity to seek such advice. 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 WELL 33 TEST WELL - CONSTRUCTION page 8 of 14 Projecl 10015.8 Meridian City Council Meeting Agenda July 17, 2018 – Page 190 of 367 contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 24. ConstructionandSeverability: 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 until the City has received a tax release from the Tax Commission. 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. WELL 33 TEST WELL - CONSTRUCTION Proiect '100'15.8 page 9 of 14 Meridian City Council Meeting Agenda July 17, 2018 – Page 191 of 367 30. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 31. Compliance with Laws: In performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 32. 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. 33. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: CITY CONTRACTOR City of Meridian POST DRILLING, INC. Purchasing Manager Attn: Sherry Young 33 E Broadway Ave PO Box 588 Meridian, ID 83642 Weiser, ID 83672 208-489-0417 Phone: 208-585-3411 Email: office@postdrilling.com Idaho Public Works License #013426 -CC -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. 34. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN POST DRILLING, INC. r BY: BY: '' TAMMY de D, MAY Dated: -7/ / / Al K WELL 33 TEST WELL - CONSTRUCTION Project 10015.6 Dated: page 10 of 14 80. ED AU:Z Z GUST — Approved by Council: �w � p � 01y or C.�VI E IDIAN*,-- IDAHO Attest: r Z� SEAL �v C.JAY C LES, C T(CLER 2rFRotthe TRSPS01 4 Purchasing A proval BY: KEITH 14 #TTS, Purchasing Manager Dated:: -7ZI 3 Z1,8 Project Manager Garrick Nelson WELL 33 TEST WELL - CONSTRUCTION Project 10015.B Department A/p/pr al BY: G, ;� �,r fl \-t)c 1K o t, - Dated:: ' Dated:: page 11 of 14 EXHIBIT A SCOPE OF WORK REFER TO INVITATION TO BID PW.1845.10015.8 ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the lnvatataon to Bid Package # PW-1845-10015.B, are by this reference made a part hereof. SPECIFICATIONS / SCOPE OF WORK All construction work shall be done in accordance with the current version of the ldaho Standards for Public Works Construction (SPWC), the 2013 City of Meridian Supplemental Specifications to the ISPWC (and any Addendums). See separate attached documents: Proposed General Course of Events (1 of page)a TECHNICAL SPECIFICATIONS by Hydrologic, lnc. dated 413012018 (22 of pases) a WELL 33 TEST WELL . CONSTRUCTION Project 10015.8 page 12 ot 14 Meridian City Council Meeting Agenda July 17, 2018 – Page 194 of 367 Exhibit B MILESTONE / PAYMENT SCHEDULE Total and complete compensation for this Agreement shall not exceed $344,990.00. Milestone 1 Substantial Completion 120 Days from Notice to Proceed Milestone 2 Final Completion 150 Days from Notice to Proceed Contract includes furnishing all labor, materials, equipment, and incidentals as required for the Well 22 Test Well Construction per IFB PW-1845-1001 5.B NOT TO EXCEED CONTRACT TOTAL $3!14.990J0 is a not to exceed amounl. Line item pricing below will be used tor invoice vodlication and any additional increases or decreases in work requested by city. The City will pay the conlractor based on uantities of each item ot work in accordance with the contract documenls. Contract actual Item No.Description Ouantity Unit Unit Price 1 MOBILIZATION 1 LS s3O,OOO 2 SURFACE SEAL, DRILLING, CASING, ANNULAR SEAL, ANO TEMPORARY PILOT BORE CASING 60 LF s18,000.00 3 93/4 -INCH DRILLING 1290 LF S12e,ooo.oo s4s,4s0.001290 LF 5 2-INCH PVC WELL CASING 6570 LF s39,420.00 6 2-INCH PVC WELL SCREEN 240 LF S1,92o.oo 7 SAND FILTER 10 Cu. Yard Slo,ooo.oo 8 CEMENT/BENTONITE GFIOUT SEAL Cu. Yard s6,200.0o I CE|\ilENT GROUT SEAL 2.5 Cu. Yard s2,s00.00 10 40 Hour s14,000.00 11 24 Hour s8,400.00 12 OWNER REQUESTED SITE WORK without RIG 24 Hour S6,ooo.oo EROSION and SEDIMENT CONTROL PLAN and IMPLEMENTATION 1 LS ss,000.00 15 DRILLING FLUID WEIGHTING AGENT 24,000 LB s14,4OO.OO page 13 of 14 MILESTONE DATES/SCHEDULE PRICING SCHEDULE Contract Pricing Schedule 14 '157r -INCH REAMING 6.2 WELL OEVELOPMENT OWNER REQUESTED SITE WORK with RIG WELL 33 TEST WELL - CONSTRUCTION Proiect 10015.8 Meridian City Council Meeting Agenda July 17, 2018 – Page 195 of 367 16 WEIGHTING AGENT TBANSPORT/RESTOCK 24,000 LS ss,000.oo 17 %"-MINUS GRAVEL BACKFILL 20 Cu. Yard s10,000.00 WELL 33 TEST WELL . CONSTRUCTION Project 10015.8 page 14 ol 14 Meridian City Council Meeting Agenda July 17, 2018 – Page 196 of 367 AC()t<Lf CERTIFICATE OF LIABILITY INSURANCE CERTIFICATE NUMBERTlS/19COVERAGES REVISION NUMBER 7 / 9 /20].8 IMPORTANT: lf the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. lf SUBROGATION lS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). Post Insurance Services. 2717 W. Bannock St. P. O. Box 8447 Boise ID INSUREO Post DrilliDg Inc. PO Box 588 Inc. 43707 wei ser fi!|[lcr u-ysnia eanrre fJ3,n"i",.",, (208 ) 33 6-s60o i-mEss. aganbleGpostins . com INSURER(S) AFFOROING COVERAGE rlsuRERA 4cuj.ty7 A Mutual Insurance rNsuRER a:Idaho Stat€ Insuranc6 Fund INSURER C: INSURERD i INSURERE: INSI'RER F: (203) 344-0651 Company 14184 36729 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED AELOW HAVE BEEN ISSUEO TO THE INSUREO NAMED AAOVE FOR THE POLICY PERIOD INDICATEO NOTWTHSIANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT W|TH RESPECT TO t^+lICH THIS CERTIFICATE I/AY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFOROED BY THE POLICIES DESCRIBED HEREIN IS SUEJECT TO ALL THE TERIUS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LII\,IITS SHOWN IT,{AY HAVE BEEN REOUCED BY PAID CLAIi,ISINSR AOOI. SUBR POLICY EFF POLICY EXPLiR IYPE OF INSI RANCE rnio wvo pOLrCy NUMEER lMM/oo/yyyyt tMM/Do/yyyyt LIMITS X COMMERCIAL GENERAL LIABILITY CLA]MS.MAOE X OCCUR x cG?301, cG719{ EACI] OCCURRENCE DAMAGE TO RENTEO PREMISES (Ea o@ir6nc.) MEO EXP (A^y oe psson) s 1, 000 ,000 250,000 10,000 1, 000 , 000 3, 000 , 000 3,000, 000 s x41632 1/t/2OtA 1/t /2Ot9 s GEN'L AGGREGATE LIMIT APPLIES PER x porrcv X !l& x Loc OTHER PERSONAL A ADV INJURY GENERAT AGGREGATE PROOUCTS - COMP/OP AGG $ $ $ AUIOMOAILE LIABILITY COMBINED SINGLE LIMII BOOILY 1NJURY (Pd pers6) S 1 , 000 ,000 S SCHEOULEO AUIOS NON-OIlNEO AUTOS x47632 7/L/2OlA ?/1/2019 BOoTLY INJURY (Pe.acod€nl) $ x PROPERTY OAMAGE S Und.nnsured motonsl Br sprd $1 , 000 ,000 UMBRELLA L|AB occuR X EXCESSLIAA X CL TMS,MAOE oEo X RETENToN $ o EACH OCCURRENCE AGGREGATE s 2 , 000 ,000 2, 000 ,0005 x47632 1/)./2ata 1/t/20:.9 5 WORKERS COMPENSATION ANO EM PLOYERS' LIABILITY ANY PROPR EIOR/PARTNER/EXECUT VE OFFCERfuIEMBER EXCLUOEO' DESCRIPT ON OF OP€RATloNs belM - PER - OTH. ^ STATUTE ^ ER E L EACH ACCIOENT -S E L OISEASE . EA EMPLOYEE $ E L DISEASE - POLICY LIMIT $ 11 000,000 1, 000 , 000 1,000,000 B 636813 1/1/207A 7 /t/2Oa9 OESCRIPIION OF OPERATIONS / LOCAIIONS / VEHIC LES IACORD 1ol. Addrion.l R.m.rt! Sch.dule, m.y b..lt..h.d rlmorc tp.c.l...qulr.d)Project: W€1l 33 Teset WeII - Construction CERTIFICATE HOLDER CANCELLATION (208) 8 87 -4 813 City of Meridian 33 E. Bloadway Ave. Suite 106 Meridlan, ID A3642 SHOULO ANY OF THE ABOVE OESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOIICE wlLL BE DELIVERED IN ACCORDANCE wlTH THE POLICY PROVISIONS. AUTHOR]ZEO REPRESENTATIVE Alyshia Gamble/Al, O 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014i 0,t ) lNS025 (2o1aoi l The ACORD name and logo are registered marks of ACORD THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLOER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTENO OR ALTER TI.IE COVERAGE AFFOROEO BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PROOUCER, AND THE CERTIFICATE HOLDER. rD 83 6?2 ALL O!M!ED AUIOS X xrnEo aulos X ca7214,ca7247 A b -Aa)1 t-.- - hlMeridian City Council Meeting Agenda July 17, 2018 – Page 197 of 367 @ l'ost Iflsurance Services, Inc P.O. Box 893 Mddian. ID. 83680 Swiss Re Corporate Solutions Bond # 2273552 This document has important legal consequences Consultation wilh an anorney is encouraged with respect to its completion or modification PERFORMANCE BOND CONTRACTOR: (Nane, lesal stat,l and address) l'ost Drilling, lnc. l'.O. Box 588 Weiser, Inc. 83672 OWNER: ltane. legal statu: and addrcss) Citv of Nleridim/l'urchasing DePt. 33 U Broadvay ]\ve Ste. 106 i{eridian,lD. 83642 CONSTRUCTION CONTRACT Date.July 5,2018 411esn1. 534,1,990.00 Desaription: (Nane and location) well 33 Tcst well Construcoon BOND P61s; Jul,v 9, 2018 (Not ea ier than Construction Contracl Date) dmsunll S344,990.00 Modifications to this Bond SURETY: North American Specialty lnsurance Company 1450 American Lane. Suite I100 Schaumburg, IL 60173 This documenl combines two separate bonds, a Performance Bond and a Payment Bond, into one form. This is not a single combined Performance and Payment Bond CONTPACTOR AS PRINCIPAL (Corporate Seal) Company: l'osr Dfllli,g' Idc' -.Sign:lt..re: Name gt{€ets! *C'ri,r", V'cCe PeeS,oeN'i-- See Section 16 SURETY (Corporate Seal) Company: North American Specialty lnsurance Company one Signature: Name and Title: ary J aq (Any additional signatures appear on lhe last page ofthis Performance Bond.) (FOR INFOR\,'IATION ONLY Name, address and telephone) AGENT or BROKER:OWNER'S REPRESENTATIVE (Architect, Ehgheet or other pa r:) N/r\ This Docunent conforns to the AIA Docunent A3l21Lt - 20t0 A+ tr Any singular reference lo Contractor, Surely, Owner or other party shall be considered plural where applicable. Meridian City Council Meeting Agenda July 17, 2018 – Page 198 of 367 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administmtors, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this bond, except when applicable to participate in a conference as provided in Section 3. lfthere is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after .l the Owner first provides notice to the Contractor and the Surery that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to disauss the Contractor's performance, If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a conference. lf the Surety timely requests a conference, the Owner shall anend. Unless the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within ten (10) business days of the Surety's receipt ofthe OwneCs notice. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, ifany, subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. 4. Failure on the part ofthe Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. 5. When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense take one ofthe following actions: 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors: 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion ofthe Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrgnce, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price inaurred by the Owner as a result ofthe Contractor Default; or 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new oontractor and with reasonable promptness under the circumstances: .l After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or .2 Deny liability in whole or in part and notiry the Owner, citing the reasons for denial. 6. Ifthe Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional wrinen notice fiom the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. lf the Surety proceeds as provided in Section 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 2Thts Document conforns o the AIA Document A3l2^t- 2010 Meridian City Council Meeting Agenda July 17, 2018 – Page 200 of 367 1 lfthe Surety elects to act under Seation 5.1, 5.2 or 5.3, then the responsibilities ofthe Surety to the Owner shall not be greater than those ofthe Contractor under the Construction Contract, and the responsibilities ofthe Owner to the Surety shall not be greater than those ofthe Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance ofthe Contract Price, the Surety is obligated, without duplication, for .l the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .2 additional legal, design professional and delay costs resulting ftom the Contractor's Default, and resulting from the actions or failure to act ofthe Surety under Section 5; and .3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance ofthe Contractor' 8. Ifthe Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount ofthis Bond. 9. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance ofthe Contract Price shall not be reduced or set off on account ofany such unrelated obligations. No right ofaction shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administators, successors and assigns. 10. The Surely hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. I I . Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part ofthe work is located and shall be instituted within two years after a declaration ofContractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction ofthe suit shall be applicable. 12. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. 13. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 14. Definitions l4.l Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 14.2 Construction Cortract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. 14.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term ofthe Construction Contraat. 14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. 15. If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. Thi s Docune n t c o nfo.ms to the A I A D oc ume nt A 3 l 2^t 2 0 1 0 Meridian City Council Meeting Agenda July 17, 2018 – Page 201 of 367 16. Modifications to this bond are as follows (Space is ptotided below for add ional signattes ofadded Wrties. other than those appeanngon the co|er page.) CONTRACTOR AS PRTNCIPAL (Corporate Seal) SURETY Company: Company: Signature Signature (Corporate Seal) Name and Title Address Name and Title: Address This Document co{oms to the AIA DocumentASl2nt- 2010 1 Meridian City Council Meeting Agenda July 17, 2018 – Page 202 of 367 @ Swiss Re Corporate Solutions PAYMENT BOND Bond # 2273552 SURETY: North American Specialty lnsurance Company 1450 American Lane. Suite I 100 Schaumburg, IL 60173 This document has important legal consequenc€s Consultation wlth an anomey rs encourag€d with resp€ct lo its complenon or modification Any srngular reference lo Contmctor, Surety, O\rner or other patty shall b€ consrdered plural where applicable. This document combines two separate bonds- a Performance Bond and a Payment Bond, into one form. This is not a single combined Performance and Payment Bond. SURETY (CorPotate Seal) Company: North American Specialty lnsurance Company Signature Name }hn Jaqurcr and Title. .\ttomc! ln'l'rcr OWNER'S REPRESENTATIVE: (Archltect. Engineer ot othet pa y:) N/,\ CONTRACTOR: (None.legal status and dddress) l'ost I)rilling, Inc. l'.O. Box 588 Weiscr. lnc. 83672 OWNER: (Na e. legal status and oddrcss) Oig of N{cndian/l'urchasing DePt. 33 ll Broxdwrv -\vc Ste. 106 iucridian.lD. 836'12 CONSTRUCTION CONTRACT P36; J uly 5,2018 4,,'oun1. $344,990.00 Description: (Nane and location) Wcll33'l cst Wcll (lonstruction BOND Date : J ulr 9,2018 (Not earlier than Construction Contract Dote) Amount. 53#,990 0t) Modifications to this Bond [}Non" I See Section 18 CONTTTACTOR AS PRINCIPAL (Corporate Seal) ComPanY: l'ost l)rilliog' Inc'.-\ : \:: --?- 1\ }J -5gnarure: Naie 5 d €.znl ao<l l itle : ylur g ?a est o eat-l- (Any additional signatures appear on the last Page of this Payment Bond.) (FOR INFORMATION ONLY Name, address and telephone) AGENT or BROKER: l\,st Insurance Scrvices, Inc l).O. Box 893 Nlcridian, ll). 83680 This Docunent conJonns ro the AIA Docunent A3 t2^t- 20t0 5 hY Meridian City Council Meeting Agenda July 17, 2018 – Page 203 of 367 ' I . The contractor and surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms' 2. If the contractor promptly makes payment of all sums due to claimants, and defends, indemnifies and holds harmless the owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construetion Contract, then the Surety and the Contractor shall have no obligation under this Bond. 3. lfthere is no Owner Default under the Construation Contract, the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13) of claims, demands, liens or suits against the owner or the owner's property by any person or entity seeking payment for labor, matedals or equipment fumished for use in the performance of the Construction Contract and tendered defense ofsuch claims, demands, liens or suits to the Contractor and the Surety' 4. When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense defend, indemnify and hold harmless the owner against a duly tendered claim, demand, lien or suit. 5. The Surety's obligations to a Claimant under this Bond shall arise after the following: 5.1 Claimants, who do not have a direct contract with the Contractor, .l have fumished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, fumished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last fumished materials or equipment included in the Claim; and .2 have sent a Claim to the Surety (at the address described in Section l3). 5.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at the address described in Section l3). 6. lf a notice of non-payment required by section 5.1 .I is given by the Owner to the Contractor, that is sufficient to satis! a Claimant's obligation to fumish a wrinen notice ofnon-payment under Section 5.1 .l . 7. When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the following actions: 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt ofthe Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and 7.2 Pay or arrange for payment ofany undisputed amounts. 7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Section 7.1 or Section 7.2, the Surety shall indemnifo the Claimant for the reasonable attomey's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. 8. The Surety's total obligation shall not exceed the amount ofthis Bond, plus the amount ofreasonable attomey's fees provided under Section 7.3, and the amount of this Bond shall be credited for any paymenls made in good faith by the Surety. 9. Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, ifany, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contraat are dedicated to satisry obligations of the Contractor and Surety under this Bond, subject to the Owner's priority to use the funds for the completion ofthe work. 10. The Surety shall not be liable to the Owner, Claimants or others for obligations ofthe Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment ofany costs or expenses ofany Claimant under this Bond, and shall have under this Bond no obligation to make payments to, or give notice on behalf of, Claimants or otherwise have any obligations to Claimants under this Bond. 6This Docunent conlorns to the AIA Docunent A I I 2^t 20 I 0 Meridian City Council Meeting Agenda July 17, 2018 – Page 205 of 367 i 1 . The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orderc and other obligations. 12. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the claimant sent a claim to the surety pursuant to section 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the construction contract, whichever of(l) or (2) first occurs. Ifthe provisions ofthis Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of rhe suit shall be applicable. 13. Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or claims, however accomplished, shall be sufficient compliance as ofthe date received 14. When this Bond has been fumished to comply with a statulory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so fumished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 15. upon rcquest by any person or entity appearing to be a potential beneficiary of this Bond, the contractor and owner shall promptly fumish a copy ofthis Bond or shall permit a copy to be made. 16. Deliritions l6.l Claim. A written statement by the Claimant including at a minimum: .l the name ofthe Claimant; .2 the name ofthe person for whom the labor was done, or materials or equipment fumished; .3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was fumished for use in the performance ofthe Construction Contract; .4 a briefdescription ofthe labor, materials or equipment fumished; .5 the date on which the Claimant last performed labor or last fumished materials or equipment for use in the performance ofthe Construction Contracti .6 the total amount eamed by the Claimant for labor, materials or equipment fumished as ofthe date ofthe Claim; .7 the total amount ofprevious payments received by the Claimant: and .8 the total amount due and unpaid to the Claimant for labor, materials or equipment fumished as of the date ofthe Claim. 16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontraclor ofthe Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent ofthis Bond shall be to include without limitation in the terms "labor, materials or equipment" that part ofwater, gas, power, light, heat, oil, gasoline, telcphone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work ofthe Contractor and the Contractor's subgontractors, and all other items for which a mechanic's lien may be assened in the jurisdiction where the labor, materials or equipment were fumished. 16.3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Doauments and all changes made to the agreement and the Contract Documents. 16.4 Owner Default. Failure ofthe Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. 16.5 Contract Documents. All the doauments that comprise the agreement between the Owner and Contractor. Thi s Docume nt conforns to the A tA Docunent A 3 I 21t | 20 I 0 I Meridian City Council Meeting Agenda July 17, 2018 – Page 206 of 367 17. lf this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. 18. Modifications to this bond are as follows: 6pace is prowded below lot additional signatures of added porties, othet than those appearing on the coyer page-) CONTRACTOR AS PRINCIPAL Company: Signature: Name and Title: Address (Corporate Seal) SURETY Company: Signature: Name and Title: Address: This Document conforns to the AtA Document A 3 I 21tt 20 I 0 I Meridian City Council Meeting Agenda July 17, 2018 – Page 207 of 367 SWISS RE CORPORATE SOLUTTONS NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty lnsurance Company, a corporat,on duly organized and existing under laws ofthe State ofNew Hampshire, and having its principal office in the City ofOverland Park, Kansas, and Washingtoninternational Insurance Company, a corporation organized and existing under the laws ofthe Srate ofNew Hampshire and having its principaioffice in the City ofOverland Park. Kansas. each does hereby make, constitute and appoint: TERRY S. ROBB, WILLIAM F, POST , ANd MARY JAQUIER JOINTLY OR SEVERALLY Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalfand as its act and deed, bonds or other writinBs obliSatory in the nature ofa bond on behallofeach ofsaid Companies! as suretyi on contracts ofsuretyship as are or may be required or permined by law, regulation, contract or oth€rwise, provided that no bond or undertaking or contract or suretyship executed under thi; authority shall exceed the amount ofl pIFTy MILLIoN ($50,000,000.00) DoLLARS This Power of Attomey is granted and is signed by lacsimile under and by the authority ofthe following Resolutions adopted by the Boards of Directors ofborh Nonh American SpecialD lnsuraDce Company and washington International Insurance Co-mpany at meetings duly called and held on the 9'h of Mav 2012' . -"RESOLV;D, that any two ofthe Presidents, any Managing Dircctor, any Senior vice President, any vice president, any Assistant vice president- the Secretary or any Assistant Secretary be, and each or any ofthem hereby is authorized to execute a Power ofAftomey qualifying the attorney named in the given Power of Attomey to execute on behalf ofthe Company bonds, undertakings and all contracts ofsurety, and tirat each or any ofthem hereby is authotized to attesl to the execution ofany such Power of Attomey and to attach therein the seal ofrhe Company; and it is FURTHER RESOLVED, that th€ signature ofsuch officers and the seal ofthe Company may be affixed to any such power ofAttorney or to any certificate relating thereto by lacsimile, and any such Power of Attomey or certificate bearing such facsimile signatures or facsimile seal shall b€binding upon the Company when so aflixed and in the lulure with regard to any bond, underiaking or contract o=fsurety to which it is attached.,' .":rit#riir4t2 := gi sEAr- i 6 ? 2t7,,,,?,N B] sr.vcnP.Andciion,s.niorvi..Prcsidtnr orwlshirgron Inlcrnrionrt tnsurrn.c conprn! & S€nior vi.. Prcsidenr ofNorlh Am$krn Specirtr,r Imurrncc Comprry Bv & S.niorVte PEsjd.ni ofNo'1h AnEi..nSp6i.lry tnsu,Tn.e Conp,ny lN WITNESS WHEREOF, North American Specialty lnsurance Company and Washington International omcial seals to be hereunto amxed, and these presents to be signed by their auihorized officsr51h;5 5TH 6xy Insurance Company have cau Of FEBRUARY sed their .2018. North American Specialty lnsurance Company Washington International lnsurance C(,mpany State oflllinois County ofCook On this 5TH dav of FEBRUARY 20 | 8 , before me, a Notary Public personally appeared Steven p. Andercon , Senior Vice president ol. Michael A. ltWashington International lDsurance Company and Senior Vice President ofNorth American Specialty lnsurance Company andSenior Vice President of washington International Insurance Company and senior vice president ofilorth Ameri"* sp"'"iuttyCompany, personally knourn to me. who being by me duly swom, ackno\rledged that they signed the above power oflittomeyacknowledged said instrument to be the voluntary act and deed ofiheir respective companies. Insurance as officers ofand I, Jeflier Goldbere . the duly elected Assistant Secretarv ofNorth American Specialty Insurance Company and Washingtonlntemational Insurance company, do hereb)' certiry tlat ttre atove ana toregoing is a tlue and correct copy ofa power oiAttorney given by said No(hAmerican Specialty Insurance Company and washington Internationallnsuianci company, which is stiil in full lorce and etrect. t\ -\ M } cnny, Nortrry Public lN WITNESS WHEREOF, I have ser my hand and afllxed rhe seals of the Companies this Idayof July .20 18 "%*-* OTTICIAT 5TAI Nohry P6lic . srilt Dl fii,n,nMi Coihnsion &pE l.,frq coldbers, vrc. prcsidenr& Asssmr Sdr.iary otw.shinBro. lnrer@tional InsurM.. Conpm, & Nonh Aneri;e Sp& atr, lnsuro.c Conp y SEAt Meridian City Council Meeting Agenda July 17, 2018 – Page 208 of 367 City Council Meeting Meeting Date: July 17, 2018 Agenda Item Number: 6N Project/File Number: Item Title: H-2015-0017 Resolution No.18-2086 : (H-2015-0017 - Calnon Properties) Comprehensive Plan Map Amendment to Change the Land Use Designation on 33+- Acres of Land from Medium High and High Density Residential to Mixed Use Commercial and 22 +- Acres from Medium, Medium -High and High Density Residential to Mixed Use Residential for Property Located at 2215 Franklin Road in the City Of Meridian, Idaho. Meetina Notes 9 APPROVED ADA COUNTY RECORDER Christopher D. Rich 2018-066906 BOISE IDAHO Pgs=3 HEATHER LUTHER 07/18/2018 01:22 PM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN RESOLUTION NO. 1.8-2086 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN TO AMEND THE FUTURE LAND USE MAP CONTAINED IN THE COMPREHENSIVE PLAN AND THE TEN MILE INTERCHANGE SPECIFIC AREA PLAN TO CHANGE THE LAND USE DESIGNATION ON 33+- ACRES OF LAND FROM MEDIUM HIGH AND HIGH DENSITY RESIDENTIAL TO MIXED USE COMMERCIAL; AND 22+- ACRES OF LAND FROM MEDIUM, MEDIUM-HIGH AND HIGH DENSITY RESIDENTIAL TO MIXED USE RESIDENTIAL. THE PROPERTY IS GENERALLY LOCATED AT 221.5 FRANKLIN ROAD, IN THE NORTHERN % OF SECTION 14, TOWNSHIP 3 NORTH, RANGE 1 WEST, MERIDIAN, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and Council have the authority pursuant to Idaho Code § 50-302 to establish resolutions not inconsistent with the laws of the state of Idaho as may be expedient, in addition to the special powers therein granted, to maintain the peace, good government and welfare of the corporation and its trade, commerce and industry; and WHEREAS, the City of Meridian Comprehensive Plan was adopted in August in 2002 as resolution 02-382; and WHEREAS, the Mayor and Council have deemed it appropriate to amend the future land use map of the 2002 Comprehensive Plan and the Ten Mile Interchange Specific Mat for approximately 33+- acres of land from should be designated MU -C (Mixed Use - Commercial District) and 22 +- acres of land should be designated to MU -R (Mixed Use — Residential. District). Said land is known as Calnon Properties and is generally located at 2215 W. Franklin Road, in the northern 1/2 of Section 14, Township 3 North, Range 1 West, Meridian, Idaho, Ada County; and WHEREAS, the Mayor and City Council have provided all the requisite notices, held the necessary hearings, and received the required information necessary to make a final decision as required by the Idaho Local Land Use Planning Act to amend the adopted comprehensive plan. COMPREHENSIVE PLAN AMENDMENT FOR FUTURE LAND USE MAP — CALNON PROPERTIES H 2015-0017 Page 1 of 2 Meridian City Council Meeting Agenda July 17, 2018 — Page 210 of 367 SECTION 1. Pursuant to Idaho Code §67-6509, the Mayor and City Council hereby amend the City of Meridian Comprehensive Plan and Land Use Map, a copy of which is attached hereto incorporated herein by reference. A copy of this Resolution and the attached amendment shall be held on file in the office of the City Clerk. SECTION 2. EFFECTIVE DATE. This Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 1 I 4*� day of 12018. APPROVED by the Mayor of the City of Meridian, Idaho, this � day of 2018. APPROVED: Mayor Ta6y de Weerd ATTEST: QQDa�jED AUGvsT' By. Clerk = c�iIV or C.J Coles, C EIDIS DA O IDAHO Z� SEAL J� Ref the Tg"- Et COMPREHENSIVE PLAN AMENDMENT FOR FUTURE LAND USE MAP — CALNON PROPERTIES H 2015-0017 Page 2 of 2 Meridian City Council Meeting Agenda July 17, 2018 – Page 212 of 367 City Council Meeting Meeting Date: July 17, 2018 Agenda Item Number: 60 Project/File Number: Item Title: Resolution No. 18-2087: A Resolution Designating The Primary Records Custodian And Alternate Records Custodian For The City Of Meridian For All City Departments Except For Law Enforcement Records; And Designating The Primary Records Custodian And Alternate Records Custodian For Law Enforcement Records Of The City Of Meridian; And Providing An Effective Date Meetina Notes Rf APPROVED CITY OF MERIDIAN RESOLUTION NO. 18-2087 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, MILAM, PALMER, LITTLE-ROBERTS A RESOLUTION DESIGNATING THE PRIMARY RECORDS CUSTODIAN AND ALTERNATE RECORDS CUSTODIAN FOR THE CITY OF MERIDIAN FOR ALL CITY DEPARTMENTS EXCEPT FOR LAW ENFORCEMENT RECORDS; AND DESIGNATING THE PRIMARY RECORDS CUSTODIAN AND ALTERNATE RECORDS CUSTODIAN FOR LAW ENFORCEMENT RECORDS OF THE CITY OF MERIDIAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Senate Bill 1274 requires Idaho cities to designate records custodians and alternates to help members of the public who want to request public records; and WHEREAS, Senate Bill 1274 took effect on July 1, 2018. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Meridian, Idaho, as follows: Section 1.That the City Clerk is designated as the primary records custodian for the City of Meridian for all city departments except for law enforcement records. Section 2.That the Deputy City Clerk is designated as the alternate records custodian for the City of Meridian for all city departments except for law enforcement records. Section 3.That the Meridian Police Department Records Supervisor is designated the primary records custodian for the City of Meridian for law enforcement records. Section 4.That the Meridian Police Department Records Retention Analyst is designated as the alternate records custodian for the City of Meridian for law enforcement records; and Section 5.That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this \ day of July, 2018. APPROVED by the Mayor of the City of Meridian, Idaho, this � T*� day of July, 2018. Mayor Ta y e Weerd ;,TED Ali ATTEST: By: C.Ja Coles, Ci lerk RESOLUTION DESIGNATING THE CITY'S CUSTODIAN OF RECORDS AND �1?0 GAS O I�IAN�. IDAHO SEAL TODIAN OF REC_ S City Council Meeting Meeting Date: July 17, 2018 Agenda Item Number: 613 Project/File Number: Item Title: AP Invoices for Payment 7/18/18 - $3,818,811.28 Meetina Notes 9 APPROVED City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund A-1 STAMP & MABEL'S LABELS Name plate for Facilities Project Manager, S. Redman 10.00 01 General Fund ACCURA OUTDOORS Firearm Scope - Qty 1 1,700.00 01 General Fund ACCURA OUTDOORS Firearms Targets - Qty 50 32.50 01 General Fund ACEM FY18 4th Quarter ACEM Emer Mngt Executive Council Dues 4,054.87 01 General Fund AFLAC T5581, June 2018, AFLAC 3,673.41 01 General Fund APEX INTEGRATED SECURITY SOLUTIONS 18-0413,Badge Readers & Power Supply units Bldg Evoultion TI 4,541.63 01 General Fund ARROWHEAD FORENSIC PRODUCTS Storage Boxes - Qty 50 94.02 01 General Fund ASSOC OF IDAHO CITIES Registration, B. Nary, E. Kane, A. Pogue, IMA Annual Mtg, Bo 195.00 01 General Fund BILL SCHULER Reimburse, B. Schuler, Education Assist, BSU, Summer 2018 915.00 01 General Fund BLUE CROSS OF IDAHO July 2018 Blue Cross Insurance 305,350.07 01 General Fund BME FIRE FIGHTER SUPPLY, LLC.18-0442 220/badges, collar brass, qty 99 3,387.21 01 General Fund BME FIRE FIGHTER SUPPLY, LLC.18-0442 220/name tag - qty 2 30.28 01 General Fund BOISE SOFTBALL UMPIRES ASSOC.18-0321 softball umpire services 6/18-6/22/18 - qty 44 1,284.90 01 General Fund BPA HEALTH, INC.EAP, July 2018, 520 Employees 1,587.12 01 General Fund BRADY INDUSTRIES, LLC.220/janitorial, St. 1, detergent, broom handle,cleaner,towel 119.68 01 General Fund BRADY INDUSTRIES, LLC.220/janitorial, St. 2, liners, towels, tissues - qty 4 cases 158.37 01 General Fund BRADY INDUSTRIES, LLC.220/Truck wash & towels - qty 2 96.71 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC 220/4 tires, replace brakes, rotors, MF026 811.68 01 General Fund CABLE ONE 220/Internet service & modem lease for FSC - 6/27/18-7/31/18 163.57 01 General Fund CANYON HONDA Install Fuel Filter & Fix Hand Warmers for Unit# 521 397.94 01 General Fund CASCADE FENCE COMPANY, INC.construction fence for Tully Park - qty 200 ft 400.00 01 General Fund CASCADE FENCE COMPANY, INC.gate latches for Settlers tennis courts - qty 6 97.80 01 General Fund CDW GOVERNMENT 18-0392 BTO HP 600 G3 i7-7700 512GB 8GB W10P 12,375.00 01 General Fund CDW GOVERNMENT 18-0392, HP 5Yr NBD Disk Retention DT Only - Qty 15 825.00 01 General Fund CDW GOVERNMENT CradlePoint Ent Cloud Mgr 1 yr 220.00 01 General Fund CDW GOVERNMENT CradlePoint Ent Cloud Mgr 1yr 1,320.00 01 General Fund CLAYTON'S CALCIUM, INC.ball field chaulk - qty 120 690.00 01 General Fund D & B SUPPLY Carriage Bolts, Nut Washers, Tension Band, Post Cap Qty 16 29.06 01 General Fund D & B SUPPLY Dog Food for K9 Randy - Qty 1 Bag 49.99 01 General Fund D & B SUPPLY Hitch & Lock Pin Combo Set for Fleet Truck 32 249.98 01 General Fund D & B SUPPLY pins & ball bungees for Lanark Parks Shop - qty 8 22.92 01 General Fund D & B SUPPLY spigot key & hose nozzle for Farmers Market - qty 16 24.96 01 General Fund D & B SUPPLY transfer tank fuel line hose & trailer parts - qty 9 183.31 Date: 7/12/18 11:13:15 AM Page: 1Meridian City Council Meeting Agenda July 17, 2018 – Page 216 of 367 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund DANIEL SCHWALBE INC ARCHITECTURE Refund, A-2018-0217, Healthy Balance Pharmacy, App Not Neede 626.00 01 General Fund DELTA DENTAL PLAN OF IDAHO Delta Dental, July 2018, #0133-0000 19,020.95 01 General Fund EMERGENCY RESPONDERS HEALTH CENTER 18-0128 220/Prev Health Exam,Bayless,T.Palmer,Verkerk,War 4,075.00 01 General Fund ERGOMETRICS 220/promotional testing exams & exam materials 1,743.00 01 General Fund FRANZ WITTE LANDSCAPE Lemp/Larkwood Pathway landscape repairs 8,244.00 01 General Fund GOODYEAR COMMERCIAL TIRE & SERVICE CENTER 220/4 new tires, MF019 1,976.91 01 General Fund H.D. FOWLER COMPANY gate valve for Heroes Park pump - qty 1 24.88 01 General Fund H.D. FOWLER COMPANY Settlers mainline repair fittings - qty 203 80.76 01 General Fund H.D. FOWLER COMPANY sprinkler heads for PD and other sites - qty 14 138.46 01 General Fund H.D. FOWLER COMPANY sprinklers & parts for various sites - qty 40 245.00 01 General Fund H.D. FOWLER COMPANY sprinklers & parts for various sites - qty 87 907.69 01 General Fund HALE INDUSTRIES INC 220/repair ice machine, St. 2 132.00 01 General Fund HARBOR FREIGHT TOOLS 220/Tools, ST. 5, wrench racks,socket sets,impact wrench, 401.05 01 General Fund HAWLEY TROXELL Grace at Fairview Lakes Tort Claim - 5/8/18-5/30/18 11,259.00 01 General Fund HOME DEPOT CREDIT SERVICES 220/Allen wrenches for st. 4 19.97 01 General Fund HORIZON DISTRIBUTORS INC edger blades & trimmer line - qty 4 260.42 01 General Fund HORIZON DISTRIBUTORS INC fuel filters for blowers - qty 10 38.50 01 General Fund IDAHO PRESS-TRIBUNE Legal Notice for Ord 18-1783 on Wells Sub, 6/29/18 163.79 01 General Fund IDAHO PRESS-TRIBUNE Legal Notice for Ord 18-1784 on Fire Station #6, 6/22/18 165.52 01 General Fund IDAHO PRESS-TRIBUNE Legal Notice for Ord 18-1785 on Oberg Sub, 6/22/18 155.16 01 General Fund IDAHO PRESS-TRIBUNE Legal Notice- PH 7/17/18 on Timber Creek Recycling & Costco 79.18 01 General Fund IDAHO PRESS-TRIBUNE Notice-PH 7/19/18 on Bountiful Commons Sub, Tanner Crk, Hamm 76.22 01 General Fund IDAHO PRESS-TRIBUNE PH 7/12/18 for Fairbourne Sub, Creamline Park, Bainbridge Fr 72.52 01 General Fund IDAHO STATE POLICE Background Testing for MSU Permits/Solicitor Lic - Jun 2018 1,258.00 01 General Fund INDIGO IDAHO 2018 Main Street Market Coordination - May-July 2018 3,000.00 01 General Fund ITsavvy LLC HP LaserJet Pro M402dne Printer 178.65 01 General Fund ITsavvy LLC Kensington Blackbelt 2nd Degree Protective Case for Tablet 39.26 01 General Fund JOHNSON CONTROLS FIRE PROTECTION LP 220/troubleshoot alarm St. 4, cleaned detectors 407.50 01 General Fund KNOX COMPANY 220/Knox box for keys, spare 577.00 Date: 7/12/18 11:13:15 AM Page: 2Meridian City Council Meeting Agenda July 17, 2018 – Page 217 of 367 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund L.N. CURTIS AND SONS 220/replace 1 roll fire hose 127.33 01 General Fund LIFEMED SAFETY, INC 220/5 physio control replace kits & 5 electrodes 930.75 01 General Fund LIFEMED SAFETY, INC 220/AED Physio Control replacement kit w/ electrodes, qty 2 192.46 01 General Fund LOGAN SIMPSON DESIGN 18-0395 Comp Plan consultation services 5/19/18-6/15/18 18,082.78 01 General Fund MASTER ROOTER PLUMBING 220/pump 1000 gal car wash sump, St. 2 300.00 01 General Fund MASTER ROOTER PLUMBING 220/pump 1000 gal truck wash sump, St. 1 300.00 01 General Fund MASTER ROOTER PLUMBING 220/Pump sumps @ Station 4, 1500 gallon car wash sump 450.00 01 General Fund MASTER ROOTER PLUMBING 220/pump sumps, 1500 gal car wash sump, St. 3 450.00 01 General Fund MASTER ROOTER PLUMBING 220/Pump sumps, 1500 gal car wash sump, St. 5 450.00 01 General Fund MASTERCARD MC PrePay Parks#1, #0850, Low Balance as of 7/9/18 1,000.00 01 General Fund MASTERCARD MC PrePay Parks#2, #0843, Low Balance as of 7/9/18 1,000.00 01 General Fund MOORE & ELIA, LLP 18-0377, Legal Serv for Courthouse Matter - 4/2/18-5/31/18 10,502.46 01 General Fund MOTIONS DANCE STUDIO instructor fee-Cheer Skills, Dairy Days Parade 6/18-6/22/18 443.20 01 General Fund MSBT LAW Legal Services for Fire Arbitration - 5/8/18-5/21/18 630.00 01 General Fund NAPA AUTO PARTS 220/clear sealant paint, qty2 12.58 01 General Fund NAPA AUTO PARTS 220/Dash bulbs, T-31 - qty 10 8.20 01 General Fund NATIONAL ASSOCIATION OF FIRE INVESTIGATORS 220/NAFI membership dues, J. Overton - 8/31/18-9/30/19 55.00 01 General Fund NATIONAL ASSOCIATION OF FIRE INVESTIGATORS 220/NAFI membership dues, J.Bongiorno - 9/16/18-9/15/19 65.00 01 General Fund NCPERS GROUP LIFE INS NCPERS Group Life Insurance - July 2018 688.00 01 General Fund NEW YORK LIFE INSURANCE COMPANY New York Life Insurance - July 2018 799.36 01 General Fund NORTHWEST FIRE FIGHTERS BENEFITS TRUST Acct# 52, NW Fire Fighters Trust Insurance - July 2018 99,581.00 01 General Fund OFFICE DEPOT, INC.220/certificate folders - qty 10 88.60 01 General Fund OFFICE DEPOT, INC.220/envelopes - qty 3 box, returned cred inv# 157375896-001 26.31 01 General Fund OFFICE DEPOT, INC.220/Returned Envelopes - Qty 3 Box, See Inv #155457713001 (26.31) 01 General Fund OFFICE DEPOT, INC.Candy for Front Lobby & Plates for Office - Qty 3 45.14 01 General Fund OFFICE DEPOT, INC.City Newsletter Paper - Qty 2 Cases 59.78 01 General Fund OFFICE DEPOT, INC.Copy Paper & Batteries - Qty 3 72.72 01 General Fund OFFICE DEPOT, INC.Correction Tape, Toner, Paper, Eraser, Candy - Qty 16 332.66 01 General Fund OFFICE DEPOT, INC.Plain Envelopes - Qty 1 Box 2.89 01 General Fund OVERHEAD DOOR COMPANY 220/repair garage door, St. 3 121.50 Date: 7/12/18 11:13:15 AM Page: 3Meridian City Council Meeting Agenda July 17, 2018 – Page 218 of 367 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund OXARC, INC.220/refill 2 medical oxygen cylinder 16.30 01 General Fund OXARC, INC.220/refill 3 medical oxygen cylinders 20.20 01 General Fund OXARC, INC.220/refill 7 medical oxygen cylinders 35.80 01 General Fund PAUL'S MERIDIAN STINKER emissions test for fleet truck 1 - license C20504 15.00 01 General Fund PAUL'S MERIDIAN STINKER emissions test for fleet truck 10 - license C17708 15.00 01 General Fund PAUL'S MERIDIAN STINKER emissions test for fleet truck 19 - license C17707 15.00 01 General Fund PAUL'S MERIDIAN STINKER emissions test for fleet truck 25 - license C17709 15.00 01 General Fund PERSONNEL SYSTEMS & SERVICES INC 18-0436, Consulting for Fire Comp Survey 12,325.00 01 General Fund PLATT ELECTRIC SUPPLY (21) 2-port face plate & (42) Cat6 Jacks 161.41 01 General Fund PLATT ELECTRIC SUPPLY 2G Decora Wallplate, 3-Port Multi-Media Plates, Cat6 Jacks 29.51 01 General Fund QUALITY TRAILER SALES trailer lens cover - qty 4 27.80 01 General Fund QUALITY TRAILER SALES trailer ramp springs - qty 2 30.00 01 General Fund RICOH USA, INC C86111894, Copier Lease - July 2018 390.08 01 General Fund SHRED-IT USA, LLC.Document Shredding for MUBS, Clerks, Finance - June 2018 134.02 01 General Fund SHRED-IT USA, LLC.Shredding Documents for PD - May & June 2018 872.33 01 General Fund STEELMAN PLUMBING Replaced 1 Diaphragm & 3 Vacuum Breakers in Women's Restroom 152.00 01 General Fund SUNROC CORPORATION Pit Run 12in Minus Qty 6.13 tn 44.44 01 General Fund SUNROC CORPORATION Pit Run 12in Minus Qty 8.48 tn 61.48 01 General Fund SYNCB/AMAZON 220/3 Boxes Envelopes & Charger for Investigation Camera 38.93 01 General Fund SYNCB/AMAZON 220/Keyboard & Mouse for BC office 44.99 01 General Fund SYNCB/AMAZON 220/pallet water for training exercises & City Training Even 373.79 01 General Fund SYNCB/AMAZON 220/pallet water for training exercises for all crews 373.79 01 General Fund SYNCB/AMAZON 220/Steel security box for medications, St. 1 30.96 01 General Fund SYNCB/AMAZON 220/tape measure for clothing 3.98 01 General Fund SYNCB/AMAZON BlueTooth USB Adapter CSR 4.0 USB Dongle Bluetooth Receiver 81.70 01 General Fund SYNCB/AMAZON Startech.com USB 3.0 to2.5 SATA III Hard Drive Adapter Cable 26.93 01 General Fund TODD BANTA Staff Shirts - Qty 20 255.00 01 General Fund TRADEMARK SIGN CO, LLC replace Adventure Island Playground sign at Settlers - qty 1 4,555.00 01 General Fund UNIFORMS 2 GEAR 220/Boots for G. Hamilton - qty 1 pair 149.95 01 General Fund UNITED HERITAGE INSURANCE 02065-001, July 2018 Premiums 13,665.26 01 General Fund UNITED HERITAGE INSURANCE United Heritage, Voluntary Insurance, July 2018 4,281.53 01 General Fund UNITED WAY OF TREASURE VALLEY #17426 June 2018 Donations 431.18 Date: 7/12/18 11:13:15 AM Page: 4Meridian City Council Meeting Agenda July 17, 2018 – Page 219 of 367 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund VISION SERVICE PLAN 30 044489 0001, VSP July 2018 3,908.29 01 General Fund WEIDNER & ASSOCIATES 18-0391 220/Adj hydrant wrench, & 2 storz mount plates 128.73 01 General Fund WEIDNER & ASSOCIATES 18-0391 220/E-34 Equipment, 2 mounting plates 143.94 01 General Fund WESTERN FIRE CHIEFS' ASSOCIATION 220/Reg, M. Niemeyer, J. Bongiorno, C. Butterfield, FORCE Co 1,650.00 01 General Fund WESTERN STATES EQUIPMENT CO Bower Street site improvement equip rental 6/11/18 684.50 01 General Fund WESTERN STATES EQUIPMENT CO Bower Street Site improvement equip.rental 6/4/18 1,686.92 01 General Fund WESTERN STATES EQUIPMENT CO Credit for Diesel, Qty 16 Gal, See Orig Inv# IN000683882 (80.00) 01 General Fund WESTERN STATES EQUIPMENT CO Equip Rental Credit for Hours Not Used, See Inv# IN000681197 (101.00) 01 General Fund WHITE, PETERSON, GLGRAY & NICHOLS P.A. Fire Arbitration 1/2 of services - 5/8/18-5/18/18 1,275.00 01 General Fund WILLAMETTE DENTAL OF IDAHO, INC Willamette Dental Insurance - July 2018 4,757.70 01 General Fund WINEGLASS ARTS DEVELOPMENT, INC.18-0292, Concerts on Broadway Production - 3rd Payment 5,000.00 01 General Fund YOUNG REMBRANDTS instructor fee - Pirates Workshop 6/18-6/22/18 - qty 2 160.00 Total 01 General Fund 595,137.22 07 Impact Fund FRANZ WITTE LANDSCAPE 18-0233, Landscaping @ Discovery Park - Service to 6/30/18 66,500.00 07 Impact Fund KNIFE RIVER 18-0232, Site Work @ Discovery Park - Serv to 6/25/18 25,250.58 Total 07 Impact Fund 91,750.58 60 Enterprise Fund A COMPANY INC WRRF Cap.Exp. restroom rental 5/28-6/24/2018 94.50 60 Enterprise Fund ACEM FY18 4th Quarter ACEM Emer Mngt Executive Council Dues 4,054.88 60 Enterprise Fund ADA COUNTY HIGHWAY DISTRICT 17-0035, utility Improv.Ustick/Mer/Locust Grove thru 6/26/18 10,880.10 60 Enterprise Fund ADA COUNTY HIGHWAY DISTRICT 17-0035,ACHD Utility Improve.Ustick/Linder/Mer as of 6/26/18 10,171.20 60 Enterprise Fund ADA COUNTY HIGHWAY DISTRICT 17-0035,ACHD Utility Improve.Ustick/Meridian thru 6/26/18 18,899.86 60 Enterprise Fund ADA COUNTY WEED & PEST CONTROL Noxious weed spraying (2 hrs)120.52 60 Enterprise Fund ADVANCED CONTROL SYSTEMS, LLC 18-0182 SCADA program & troubleshoot of Reuse, 4/27-5/7/18 873.00 Date: 7/12/18 11:13:15 AM Page: 5Meridian City Council Meeting Agenda July 17, 2018 – Page 220 of 367 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 60 Enterprise Fund ADVANCED CONTROL SYSTEMS, LLC 18-0182 Troubleshooting programming of WIN 911 & wonderware 460.75 60 Enterprise Fund ADVANCED CONTROL SYSTEMS, LLC 18-0389 SCADA System Upgrades Well 28 7,396.25 60 Enterprise Fund ADVANCED CONTROL SYSTEMS, LLC PRV 27 Well Repair & Maintenace of Controls, 6/19/18 436.50 60 Enterprise Fund ADVANCED CONTROL SYSTEMS, LLC SCADA Repairs @ Well 16, 6/11/18 & 6/13/18 1,382.25 60 Enterprise Fund AFLAC T5581, June 2018, AFLAC 543.11 60 Enterprise Fund ALAN & KARLA WEST Refund, 0715091502, Wat/Sew/Trash, 2608 E Granadillo Dr, Cus 150.00 60 Enterprise Fund ALLEN MATHEWS Refund, 1779052303, Wat/Sew/Trash, 2215 N Capecod Way, Custo 30.03 60 Enterprise Fund ANDREA FALCONBURG Refund, 1607080504, Wat/Sew/Trash, 2940 N Fairglen Ave, Titl 107.70 60 Enterprise Fund APEX INTEGRATED SECURITY SOLUTIONS Service Order:3605-BK Location City of Meridian Admin Bldg R 90.00 60 Enterprise Fund APEX INTEGRATED SECURITY SOLUTIONS Service Order:3632-BK Location City of Meridian WASTEWATER C 90.00 60 Enterprise Fund BERRY ELECTRICAL SERVICES, INC.Labor & Bucket truck for Replacement of Pulley on Flag Pole 180.00 60 Enterprise Fund BILLING DOCUMENT SPECIALISTS 18-0031, IVR Processing - June 2018 955.00 60 Enterprise Fund BILLING DOCUMENT SPECIALISTS 18-0032, Lockbox Processing - June 2018 1,632.26 60 Enterprise Fund BILLING DOCUMENT SPECIALISTS 18-0090, MUBS Bills 6/20/18 & Delinquent Notices 6/25/18 11,708.53 60 Enterprise Fund BLUE CROSS OF IDAHO July 2018 Blue Cross Insurance 123,135.45 60 Enterprise Fund BPA HEALTH, INC.EAP, July 2018, 520 Employees 435.68 60 Enterprise Fund CAROL BROWNING Refund, 1733258403, Wat/Sew/Trash, 730 E Wakely Ct, Customer 70.39 60 Enterprise Fund CH2M HILL ENGINEERS, INC 17-0311,WRRF CAp.EXp Engineer service thru June 2018 779.69 60 Enterprise Fund CH2M HILL ENGINEERS, INC 18-0353,Well Abandonment 2nd st.,Eng.service thru 6/22/18 990.05 60 Enterprise Fund CYNTHIA SANABRIA Refund, 1733263401, Wat/Sew/Trash, 568 E Baldwin St, Custome 51.07 60 Enterprise Fund D & B SUPPLY Gorilla Super Glue Qty 1 5.49 60 Enterprise Fund D & B SUPPLY Lineman Pliers Qty 2 51.98 60 Enterprise Fund D & B SUPPLY Returned tree ring mulch & purchased bung wrench (3 qty) (53.19) 60 Enterprise Fund D & B SUPPLY Safety boots for Nate Howell - Qty 1 Pair 134.99 60 Enterprise Fund D & B SUPPLY Safety Steel Boot C. Ambroz Qty 1 116.99 60 Enterprise Fund D & B SUPPLY Safety Steel Toe Boot E. Hughes Qty 1 116.99 60 Enterprise Fund D & B SUPPLY Safety Water Proof Boots C. Ambroz Qty 1 116.99 Date: 7/12/18 11:13:15 AM Page: 6Meridian City Council Meeting Agenda July 17, 2018 – Page 221 of 367 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 60 Enterprise Fund D & B SUPPLY Tree ring mulch mat (2 qty)57.98 60 Enterprise Fund DARRIN LAMB Refund, 3772023401, Wat/Sew/Trash, 2189 S Covey Ave, Title C 48.63 60 Enterprise Fund DAVID & VICKI ROEPKER Refund, 2302097001, Wat/Sew/Trash, 1419 W State St, Title Co 106.82 60 Enterprise Fund DAVID R. STEELE Refund, 3074364404, Wat/Sew/Trash, 955 S Muscovy Ave, Title 76.67 60 Enterprise Fund DELTA DENTAL PLAN OF IDAHO Delta Dental, July 2018, #0133-0000 6,701.08 60 Enterprise Fund DREW & DIANA ZIMMERMAN Refund, 3752071202, Wat/Sew/Trash, 1005 W Bear Track Dr, Cus 216.84 60 Enterprise Fund EUROFINS EATON ANALYTICAL LLC 18-0397 Water Testing 5/23/18 - Qty 8 496.00 60 Enterprise Fund EUROFINS EATON ANALYTICAL LLC 18-0397 Water Testing 5/7/18 - Qty 12 736.00 60 Enterprise Fund EUROFINS EATON ANALYTICAL LLC 18-0397 Water Testing, 5/7/18 & 5/8/18 - Qty 15 920.00 60 Enterprise Fund FERGUSON ENTERPRISES INC.18-0360 3/4 Ipearl Meters Qty 48 6,175.68 60 Enterprise Fund FERGUSON ENTERPRISES INC.18-0360 3/4 Ipearl Meters Qty 78 10,035.48 60 Enterprise Fund FERGUSON ENTERPRISES INC.Clamps for Collections PW Week Expo display (2 qty)12.00 60 Enterprise Fund FERGUSON ENTERPRISES INC.Ductile Iron MJ Anchor Coupler Qty 2 747.00 60 Enterprise Fund FISHER SCIENTIFIC Chlorophyll A Standard - Qty 1 251.16 60 Enterprise Fund FISHER SCIENTIFIC Clucose-glutamic acid (2 qty)67.16 60 Enterprise Fund FISHER SCIENTIFIC Disposable transfer pipettes for Operations (1pk)36.08 60 Enterprise Fund FISHER SCIENTIFIC Graduated cylinder, polygon stirbar, thermometer long stem 508.12 60 Enterprise Fund FISHER SCIENTIFIC pH 7 buffer & sodium nitroferriccyanide (2 qty)140.83 60 Enterprise Fund FISHER SCIENTIFIC Settleometer jar & lid for Operations 161.02 60 Enterprise Fund GRANT MECHANICAL, INC Labor to repair AC in centrifuge bldg (1.5 hrs)127.50 60 Enterprise Fund H.D. FOWLER COMPANY Dual Check Catridge Angle Ford Valve Qty 2 138.42 60 Enterprise Fund H.D. FOWLER COMPANY Lower Tube Seal Waterous Pacer Qty 2 5.14 60 Enterprise Fund HACH COMPANY Reactive-P TNT test, ammonia ULR test & HR TNT test (15 qty) 800.40 60 Enterprise Fund HOWARD & GAIL LUSK Refund, 0505010402, Wat/Sew/Trash, 1054 E Pasacana St, Custo 38.69 60 Enterprise Fund HYDRO INTERNATIONAL 18-0211,WRRF Headworks Equip pre-purchase - Final Invoice 352,910.34 60 Enterprise Fund IDAHO POWER 2204228288, Water Power June 2018 38,220.76 60 Enterprise Fund IDAHO POWER 2207120805, Water Power - July 2018 2.53 60 Enterprise Fund IDAHO PRESS-TRIBUNE Legal Notice for Invitation to Bid Well 33 Test Well Constru 71.76 60 Enterprise Fund INFOR (US), INC.17-0408, Prof Serv for MACP & PACP Config, 2/14/18 430.00 60 Enterprise Fund INFOR (US), INC.17-0408, Prof Serv for MACP & PACP Config, 8/24/17-8/31/17 6,987.50 Date: 7/12/18 11:13:15 AM Page: 7Meridian City Council Meeting Agenda July 17, 2018 – Page 222 of 367 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 60 Enterprise Fund INFOR (US), INC.17-0408, Prof Serv for MACP & PACP Config, 9/1/16-9/26/16 (7,417.50) 60 Enterprise Fund INFOR (US), INC.17-0408, Prof Serv for MACP & PACP Config, 9/1/17-9/8/17 5,375.00 60 Enterprise Fund INFOR (US), INC.17-0408, Prof Serv for MACP & PACP Config, 9/19/17-9/26/17 1,827.50 60 Enterprise Fund IRMINGER CONSTRUCTION 18-0369 Well 22 Treatment Construction Serv 5/21/18-6/20/18 73,631.65 60 Enterprise Fund JACK & WENDIANN TRENT Refund, 0470302004, Wat/Sew/Trash, 780 W Crosby Dr, Title Co 95.00 60 Enterprise Fund JAKE & RACHEAL DOBSON Refund, 3030602802, Wat/Sew/Trash, 1515 W Silver Salmon Dr, 87.68 60 Enterprise Fund JAMES & EMILY HARMER Refund, 0606134604, Wat/Sew/Trash, 2064 E Mozart St, Custome 94.29 60 Enterprise Fund JC CONSTRUCTORS INC 18-0066,18-0253,18-0364,18-0433WRRF Cap.Exp, Serv To 6/25/18 1,266,296.34 60 Enterprise Fund JEREMY & EMILY LOCKE Refund, 4530090402, Wat/Sew/Trash, 388 S Shimmering Way, Tit 113.58 60 Enterprise Fund JERRY L. CARD Refund, 1632051401, Wat/Sew/Trash, 712 W McGlinchey Ave, Tit 62.26 60 Enterprise Fund JOE A. LECHNER Refund, 0315470503, Wat/Sew/Trash, 2020 W Tango Creek Dr, Ti 125.55 60 Enterprise Fund JOHNSTONE SUPPLY Actuators for HVAC ventilator 2 at tertiary filter bldg 1 (2 800.48 60 Enterprise Fund JOSHUA & CHARMOLITA MARTIN Refund, 0808101604, Wat/Sew/Trash, 325 Washakie St, Customer 38.69 60 Enterprise Fund JUSTIN & AMBER CORDOVA Refund, 2590080802, Wat/Sew/Trash, 685 N Manship Ave, Title 101.61 60 Enterprise Fund KELLI & DAVID DECKER Refund, 0815180202, Wat/Sew/Trash, 1094 E Kaibab Trail Dr, T 64.41 60 Enterprise Fund KELLY BERMENSOLO Refund, 1843012802, Wat/Sew/Trash, 2261 N Chandra Pl, Custom 282.56 60 Enterprise Fund LES SCHWAB TIRE CENTER Tire to replace flat tire on Impala C13669 102.16 60 Enterprise Fund LURRE CONSTRUCTION Refund, 9901101001, Dumpster Dep, 3604 B Centrepoint Way, Jo 155.74 60 Enterprise Fund MARTHA BARTO Refund, 1010200203, Wat/Sew/Trash, 2315 W Grassy Branch Dr, 31.92 60 Enterprise Fund MARY METCALF Refund, 3688070303, Wat/Sew/Trash, 277 E Whitespur St, Title 25.58 60 Enterprise Fund MASTERCARD MC PW#1, #0736, 6/29/18 Statement -2,931.05 Date: 7/12/18 11:13:15 AM Page: 8Meridian City Council Meeting Agenda July 17, 2018 – Page 223 of 367 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 60 Enterprise Fund MASTERCARD MC PW#2, #0744, 6/29/18 Statement -459.91 60 Enterprise Fund MERIDIAN FOOD BANK Public Works Week Sponsor Donations 4,021.13 60 Enterprise Fund METROQUIP, INC.Labor & parts to repair jetter high pressure hose on vactor 137.31 60 Enterprise Fund MOTION & FLOW CONTROL PRODUCTS Nipple Steel, Brass Coupler for Trailer, Lic#A15767 - Qty 4 36.04 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Air hose for shop 45.87 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Credit for guard rail that was not recieved (207.21) 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Float switches to repair sump pump (2 qty)137.12 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Lined texture grip PVC gloves-size XL (7 qty)23.17 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Long gaunlet semi rough gloves-size L (9 qty)34.53 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Manhole guard rail (2 qty)414.42 60 Enterprise Fund MY RENT LLC Refund, 1313848605, Wat/Sew/Trash, 2717 N Valley Green Way, 47.82 60 Enterprise Fund NCPERS GROUP LIFE INS NCPERS Group Life Insurance - July 2018 176.00 60 Enterprise Fund NEW PIG CORPORATION Oil only absorbant mat pads - Qty 1 Bag of 200 93.20 60 Enterprise Fund NORCO Compact towel, floor cleaner, q-fold wipes (30 qty)1,487.12 60 Enterprise Fund NORCO Compressed gas for gas meters - qty 1 cylindar 248.00 60 Enterprise Fund NORCO Cylinder rental for June 2018 - Qty 8 59.46 60 Enterprise Fund NORCO Fire extinguisher for Lab vehicle 44.42 60 Enterprise Fund NORCO Hi-vis shirts for K. Slack (8 qty)71.68 60 Enterprise Fund NORCO High Vis T-shirt, safety glasses, hard hat, safety vest-qty8 266.69 60 Enterprise Fund NORCO Kleenex (2 cs)176.52 60 Enterprise Fund NORCO Safety glasses - qty 1 6.83 60 Enterprise Fund NORTHWEST POWER SYSTEMS, INC Semi-annual inspections for portable generators at plant 4,468.71 60 Enterprise Fund O'REILLY AUTO PARTS Ultra black to repair camera on CCTV Van 2 7.99 60 Enterprise Fund OFFICE DEPOT, INC.1 Trash can, 1 recyle trash can 12.26 60 Enterprise Fund OFFICE DEPOT, INC.2 cases of copy paper 53.16 60 Enterprise Fund OFFICE DEPOT, INC.Chair mat, highlighters, steno pads - qty 4 80.21 60 Enterprise Fund OFFICE DEPOT, INC.Copy Paper, Tissue Qty 3 94.31 60 Enterprise Fund OFFICE DEPOT, INC.Correction Tape, Toner, Paper, Eraser, Candy - Qty 16 290.50 60 Enterprise Fund OFFICE DEPOT, INC.Glue, surge protector 28.71 60 Enterprise Fund OXARC, INC.18-0091 Sodium Hypochlorite Delivery Qty 2095gl 3,456.85 60 Enterprise Fund PACIFIC STEEL & RECYCLING Bollard for front key pad 451.35 60 Enterprise Fund PACIFIC STEEL & RECYCLING Steel strap for stock (3 qty)189.47 60 Enterprise Fund PATRICK & KELSEY WARREN Refund, 0885101203, Wat/Sew/Trash, 725 E Burney Glen Dr, Tit 100.01 Date: 7/12/18 11:13:15 AM Page: 9Meridian City Council Meeting Agenda July 17, 2018 – Page 224 of 367 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 60 Enterprise Fund PAUL DAVIS RESTORATION Refund, 9901005801, Dumpster Dep, 670 E Falling Branch Dr, C 121.00 60 Enterprise Fund PLATT ELECTRIC SUPPLY LED lamps, multi-tap connector, photo cells (11 qty)244.83 60 Enterprise Fund REPUBLIC SERVICES, INC.Republic Trash Services Contract - June 2018 1,109,858.92 60 Enterprise Fund RON SITZLAR Refund, 1734082201, Wat/Sew/Trash, 973 E Blue Heron St, Titl 66.21 60 Enterprise Fund RON SITZLAR Refund, 1734082604, Wat/Sew/Trash, 981 E Blue Heron St, Titl 100.19 60 Enterprise Fund RUSH TRUCK CENTERS 18-0411 Labor/parts for repair & maint on camel hydrocleaner 19,419.08 60 Enterprise Fund SCOTT & PATRICIA PETERSON Refund, 0318250303, Wat/Sew/Trash, 5139 N Black Sand Ave, Ti 24.02 60 Enterprise Fund SCOTT LACKEY Refund, 9901103801, Dumpster, 3795 N Mckinley Park Ave, Job 54.82 60 Enterprise Fund SEA SWIPER LLC.Refund, 3152043001, Wat/Sew/Trash, 790 S Progress Ave, Custo 61.76 60 Enterprise Fund SHRED-IT USA, LLC.Document Shredding for MUBS, Clerks, Finance - June 2018 74.96 60 Enterprise Fund SILVER CREEK SUPPLY Elbow to repair polymer system in dewatering bldg (12 qty) 4.80 60 Enterprise Fund STANDARD RESTAURANT EQUIPMENT CO. Coffee filters 1,000 per box (3 bxs)54.83 60 Enterprise Fund SULLIVAN REBERGER 17-0409, Lobbying fees June 2018 4,000.00 60 Enterprise Fund SYNCB/AMAZON Car charger for Patrick Cotten 20.29 60 Enterprise Fund SYNCB/AMAZON Commercial Grade Paper Shredder Qty 1 624.00 60 Enterprise Fund SYNCB/AMAZON Safety boots for Carl Edgerton - Qty 1 pair 134.95 60 Enterprise Fund TELANSWER, INC After Hour Answering Service 7/1 to 7/31/18 190.10 60 Enterprise Fund TESTAMERICA Biosolids testing (2 tests)102.50 60 Enterprise Fund TESTAMERICA Credit for overcharge on inv#28203194 (505.00) 60 Enterprise Fund TESTAMERICA Subcontract analysis for NPDES samples (3 tests)485.00 60 Enterprise Fund THE UPS STORE Postage to send PLC equipment back to Wetco, Inc 16.19 60 Enterprise Fund TOD & SHAWNA CLINEFELTER Refund, 3735031803, Wat/Sew/Trash, 2686 S Garibaldi Ave, Tit 108.39 60 Enterprise Fund TPC TRAINING Registration for T. Norman to attend Electrical class 1,100.00 60 Enterprise Fund TRAVIS & JILL SMITH Refund, 0890071102, Wat/Sew/Trash, 4288 N Weston Ave, Title 60.89 60 Enterprise Fund TROY & TRACI KREUZIGER Refund, 4501012302, Wat/Sew/Trash, 3406 S Andros Way, Custom 61.37 60 Enterprise Fund TYLER YOUNGBLOOD & ELIZABETH MESSERSMITH Refund, 3535144805, Wat/Sew/Trash, 3065 S Hood Ranch Ave, Cu 102.99 Date: 7/12/18 11:13:15 AM Page: 10Meridian City Council Meeting Agenda July 17, 2018 – Page 225 of 367 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 60 Enterprise Fund UNITED HERITAGE INSURANCE 02065-001, July 2018 Premiums 3,925.28 60 Enterprise Fund UNITED HERITAGE INSURANCE United Heritage, Voluntary Insurance, July 2018 693.70 60 Enterprise Fund UNITED OIL Oil for mixer rebuilds (18 qty)261.18 60 Enterprise Fund UNITED WAY OF TREASURE VALLEY #17426 June 2018 Donations 77.00 60 Enterprise Fund VELMA MYERS Refund, 2485020202, Wat/Sew/Trash, 3029 W Sheryl Dr, Custome 31.53 60 Enterprise Fund VICKI L. MCFADDEN Refund, 0470401202, Wat/Sew/Trash, 390 W Valentino St, Custo 127.04 60 Enterprise Fund VISION SERVICE PLAN 30 044489 0001, VSP July 2018 1,490.22 60 Enterprise Fund WILLAMETTE DENTAL OF IDAHO, INC Willamette Dental Insurance - July 2018 2,817.65 60 Enterprise Fund WW GRAINGER, INC Submersible pump 154.70 60 Enterprise Fund XEROX CORPORATION - PASADENA LX7985464, Copier Lease 5/18 & Copies 5/7/18-6/18/18 186.78 60 Enterprise Fund XEROX CORPORATION - PASADENA MX4761692, Copier Lease 5/18 & Copies 5/17/18-6/18/18 295.60 Total 60 Enterprise Fund 3,131,923.48 Report Total 3,818,811.28 Date: 7/12/18 11:13:15 AM Page: 11Meridian City Council Meeting Agenda July 17, 2018 – Page 226 of 367 City Council Meeting Meeting Date: July 17, 2018 Agenda Item Number: 8A Project/File Number: Item Title: Request for Contingent Approval of Beer and Wine License for Potter's Tea House Located at 917 N. Main Street F(t b1`1 eA-- - AO Meeting Notes 9 APPROVED Potter’s Tea House 917 N Main St Meridian,ID 83642 pth@pottersteahouse.com (208) 258-7197 City of Meridian Potter’s Tea House is requesting to be heard on Tuesday, 07/17/18 at 6 PM for a waiver in order to serve beer and wine. This waiver is deemed necessary due to being within 300 feet of Harvest Church. Thank you, Sage CEO Meridian City Council Meeting Agenda July 17, 2018 – Page 228 of 367 City Clerk’s Office 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-888-4433 Fax 208-888-4218 www.meridiancity.org June 26, 2018 Harvest Church 831 N. Main St. Meridian, ID 83642 Attention: Pastor Mark Bryan Re: Potter’s Tea House Beer and Wine License Application Dear Pastor Bryan, We are writing to inform you that Potter’s Tea House located at 917 N. Main St. is seeking to obtain an alcohol license to serve beer and wine at their location. Per Idaho State Code, an applicant seeking a license to serve alcohol in a business within 300 feet of a school or church must first be granted approval from the city before the State will consider licensure. Potter’s Tea House has requested to be on the Meridian City Council Agenda Tuesday, July 17 th , 2018 at 6:00pm. If you would wish to provide comment, you may testify in person at the July 17 meeting or submit testimony in writing, addressed to City Clerk’s Office, 33 E Broadway Ave, Meridian, ID 83642 or email cityclerk@meridiancity.org . Sincerely, C.Jay Coles City Clerk Meridian City Council Meeting Agenda July 17, 2018 – Page 229 of 367 Meridian City Council Meeting Agenda July 17, 2018 – Page 230 of 367 City Council Meeting Meeting Date: July 17, 2018 Agenda Item Number: 86 Project/File Number: Item Title: Public Hearing for Program Year 2018 Community Development Block Grant Annual Action Plan Meetina Notes b su&�, D'/// Dq�k July 12, 2018 MEMORANDUM TO: Mayor Tammy de Weerd City Council Members CC: City Clerk FROM: Caleb Hood, Planning Division Manager RE: CDBG Future July 17th, City Council Agenda Item As Christopher Pope departs, Staff would like to discuss with Council where we go with the Community Development Block Grant (CDBG) program. Options, as Staff sees them, include: 1. Back-fill the position as is; a ¾ time, in-house position, funded through the CDBG Grant and housed in Community Development Department. 2. Back-fill the position as a full-time, in-house position, through the Community Development Fund (as proposed in the PY18 Action Plan and the FY19 budget) 3. Contract the responsibilities to administer the Program. Decision points as Staff sees them are threefold: First, confirm there is still a desire to accept the CDBG funds and re-invest them into the community. Second, it is critical to fill the immediate need of the program to fully staff or contract to administer the program. Third, does the City want to maintain the program in the long-run? With this final point, if the Council chooses to continue the program, it was discussed to a) maximize the grant dollars by funding a FTE from the Community Development Fund or to b) continue to fund the administration of the program through the grant and/or c) fund the administration of the program through the Community Development Fund in the interim, but as soon as is possible given the growth of the grant, to transition back to fund the FTE through the grant. Hearing Date: 7/17/2018 Hearing Type: Council Item Number: 8-B Project Name: Program Year 2018 Community Development Block Grant Annual Action Plan Project Number: CDBG Annual Action Plan Signature Name For Against Neutral I Wish To TestifySign In Date/Time Annual Action Plan 2018 1 OMB Control No: 2506-0117 (exp. 06/30/2018) Meridian City Council Meeting Agenda July 17, 2018 – Page 232 of 367 Annual Action Plan 2018 2 OMB Control No: 2506-0117 (exp. 06/30/2018) Executive Summary AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b) 1. Introduction The City of Meridian is a designated entitlement community by the U.S. Department of Housing and Urban Development (HUD). This designation allows the City to receive funds from HUD’s Community Development Block Grant (CBDG) Program. The 2018 program year will mark the City’s twelfth year as an entitlement community. In accordance with the overarching goals of the CDBG program, as set forth in 24 CFR § 91.1(a)(1), the City’s mission is to utilize CDBG funding to develop a viable urban community by providing decent housing, providing a suitable living environment, and expanding economic opportunities principally for low/moderate income (LMI) persons. The City’s primary means toward this end shall be to extend and strengthen partnerships among all levels of government and the private sector, including for-profit and non-profit organizations. Federal regulations (24 CFR § 91.200(a) and 91.220) require the City to submit an action plan each year that describes how CDBG funds will be invested in the community. The 2018 Action Plan was developed with a strong emphasis on community input and follows the Citizen Participation Plan set forth in Meridian’s 2017 – 2021 Consolidated Plan. Through this planning effort, the City has prepared strategies, which will guide program expenditures over the next Program Year (PY); October 1, 2018, through September 30, 2019. A consolidated plan must be submitted every three to five years to receive federal CDBG funds. The Consolidated Plan typically results from a collaborative process where a community can scrutinize its current situation and establish a unified vision for community development actions. The City of Meridian’s Consolidated Plan spans program years 2017 through 2021 and addresses the community’s most critical housing and community development needs. The PY2017 Action Plan represented the first year using the 2017 – 2021 Consolidated Plan; the PY2018 Action Plan is the second year under the current Consolidated Plan. The current Consolidated Plan may be found here on the City of Meridian Website. For every year identified in the Consolidated Plan, the City of Meridian is required to prepare a one-year Action Plan to notify citizens and HUD officials of the City’s intended actions to occur during that specific year. The PY2018 Action Plan identifies the objectives the City hopes to achieve from October 1, 2018, through September 30, 2019, and outlines the activities the City will undertake to achieve those objectives. At the end of each program year, the City of Meridian prepares a Consolidated Annual Performance and Evaluation Report (CAPER) to provide information to its constituents and HUD about that year’s Meridian City Council Meeting Agenda July 17, 2018 – Page 233 of 367 Annual Action Plan 2018 3 OMB Control No: 2506-0117 (exp. 06/30/2018) accomplishments. This information allows HUD, city officials, and the general public to evaluate the City’s performance and determine whether the activities undertaken during the year helped to (1) meet the City’s five-year goals and (2) address priority needs identified in the Consolidated Plan and the Annual Action Plan. This annual performance report, prepared with public review and comment, is submitted to HUD annually no later than December 31. In compliance with 24 CFR § 91.15(a), and to maintain continuity in its program and provide accountability to citizens, the City shall submit this action plan no later than August 16, 2018. The City shall submit on an annual basis a summary of its citizen participation and consultation process, an annual action plan, and all required certifications. At least every five years, the City shall submit a housing and homeless needs assessment, market analysis, and strategic plan. 2. Summarize the objectives and outcomes identified in the Plan This could be a restatement of items or a table listed elsewhere in the plan or a reference to another location. It may also contain any essential items from the housing and homeless needs assessment, the housing market analysis or the strategic plan. The City is focusing its activities and funding on 1) improving accessibility, 2) enhancing homeownership opportunities, and 3)providing social services to Meridian LMI residents during PY2018. The City will undergo nine different activities to support over 2,175 eligible individuals and households during PY2018 through the following projects: Administration & Planning • Administration, Fair Housing & Planning Activities - $35,000 Public Facilities • Meridian Development Corporation & City of Meridian – E 3rd Street Right of Way Improvements - $180,000 • Meridian Library District – ADA Upgrade to Facility Bathrooms - $77,970 • City of Meridian – Streetlight Installation - $61,178 ($25,000 from prior PY) Public Service • Meridian Food Bank - Hunger Relief Program - $30,000 • Boys & Girls Club - Scholarship Program - $13,000 • The Jesse Tree of Idaho - Homelessness Prevention - $10,000 • Education Foundation of West Ada School District – Housing + High School = Success Program - $10,000 Meridian City Council Meeting Agenda July 17, 2018 – Page 234 of 367 Annual Action Plan 2018 4 OMB Control No: 2506-0117 (exp. 06/30/2018) Affordable Housing • Ada County Housing Authority - Homebuyer Assistance Program - $30,000 The City does not anticipate any obstacles to allocating these funds. Please refer to sections AP-20 and AP-35 of this report for more details on the City's goals and projects. 3. Evaluation of past performance This is an evaluation of past performance that helped lead the grantee to choose its goals or projects. Since 2007, Meridian has successfully managed over $3.5 million in resources from its annual CDBG allocation. Over these 11 years, the City’s expenditures from its CDBG allocation have focused on supporting social service provider operations (Meridian Food Bank), improving community facilities (Boys and Girls Club, Meridian Development Corporation), addressing accessibility barriers (parks and trails, Meridian Library, sidewalk projects), preventing homelessness with emergency assistance (Jesse Tree of Idaho, West Ada School District), and assisting with homeownership attainment for low- and moderate-income buyers (Ada County Housing Authority). The City successfully produced Consolidated Annual Performance and Evaluation Reports (CAPERs) for all previous program years—for the period beginning October 1, 2007, and ending September 30, 2017. The CAPERs demonstrated that over 90 percent of the funds expended during the previous program years were invested into activities benefiting low to moderate-income individuals and families, well over the 70 percent statutory minimum requirement. Aside from 2016, the City has met its expenditure of grant funds deadlines imposed by HUD each year. All of the prior program years’ activities meet critical needs in Meridian. The primary challenges encountered during the last Consolidated Plan period were timing- and contact-related. To address these challenges, the City intends to have more stringent requirements for grant recipients, particularly in meeting expected schedules. But over the last 18 months, the City has done an effective job at organizing, streamlining, and managing its CDBG processes to provide the most benefit for each CDBG dollar granted while complying with federal timeliness requirements. 4. Summary of Citizen Participation Process and consultation process Meridian City Council Meeting Agenda July 17, 2018 – Page 235 of 367 Annual Action Plan 2018 5 OMB Control No: 2506-0117 (exp. 06/30/2018) Summary from citizen participation section of plan. The City of Meridian employs a comprehensive citizen participation process for all CDBG projects and activities. The City solicits input from Meridian residents in all phases of its Community Development efforts, from the initial planning and project/program implementation to reporting and assessing accomplishments/outcomes. This process fosters the open and inclusive identification of needs and delivery of services to City residents. It also helps to ensure that the overall direction of the CDBG program is (1) consistent with residents’ expectations and (2) responsive to neighborhood and stakeholder concerns. The City consulted with several organizations to inform the Action Plan. In March the CDBG invited the county housing authority, non-profit homeless and social service providers, housing specialists, for- profit developers of affordable housing, the urban renewal agency, the senior center, local city planners, neighboring municipalities and any interested citizen or agency to be a part of the planning process via a CDBG program workshop. As a result, 15 attendees from those groups attended the workshop which discussed the action planning strategies for the coming year. Additionally, as a member of the Boise City/Ada County Continuum of Care (CoC), the Community Development Program Coordinator solicited potential projects and input on the draft plan from all members of the CoC. Some members of the CoC include: Ada County Sheriff’s Office; Boise City/Ada County Housing Authority; Boise School District; Boise State University; CATCH, Inc; City of Boise; City of Meridian; Corpus Christi; El-Ada; Formerly Homeless Advocate; Good Samaritan House; Health and Welfare; Idaho Department of Labor; Idaho Housing and Finance Association;Terry Reilly Health Services; Veteran Affairs; and Women’s and Children’s Alliance. The City works with non-profit organizations to encourage the participation of program beneficiaries, including low- and moderate-income residents. Bi-lingual services and additional assistance for persons with disabilities are available upon request. As the city is not a recipient of HOPWA funds, the city did not actively seek out agencies for that purpose. However, Idaho Housing and Finance Association does collaborate on HOPWA issues and is the entity the City would contact for this purpose. Lead-based paint information is always located on the City’s website; no entities were contacted directly about lead- based paint. Meridian went through an extensive citizen participation process for the development of the 2017-2021 Consolidated Plan. That process yielded valuable results and greatly shaped the formation of the City’s five-year plan for utilization of the grant funds. The citizen participation process for the 2018 Action Plan followed the process identified in the City’s Citizen Participation Plan, adopted with the 2017-2021 Consolidated Plan. The process consisted of the following a 39-day public comment period with a formal public hearing during that comment period. The City published legal notices in two local newspapers (Idaho Statesman and Meridian Press) and posted the drafted action plan on the City’s website on June 15, 2018. The City also did some social Meridian City Council Meeting Agenda July 17, 2018 – Page 236 of 367 Annual Action Plan 2018 6 OMB Control No: 2506-0117 (exp. 06/30/2018) media outreach to inform the public about the public comment period and the public hearing. All comments that were received were reviewed, acknowledged, and included as an attachment to this plan. The city closed the public comment period on July 24, 2018, and held a formal public hearing on the draft version of this PY2018 Action Plan on July 17, 2018. The City views these processes and opportunities for public comment to be adequate outreach and opportunity for public involvement and consultation. See section AP-12 of this plan for more details of the City’s citizen participation efforts. 5. Summary of public comments This could be a brief narrative summary or reference an attached document from the Citizen Participation section of the Con Plan. To this point, the City has not received any public comments on this plan or the City’s CDBG operations. But the City has not yet opened its public comment period or held a public hearing on the plan. Upon the reception of public comments as part of these processes, the comment will be included here. 6. Summary of comments or views not accepted and the reasons for not accepting them The City of Meridian generally accepts all comments received, but there have been none received thus far. Upon reception of comments that are not accepted, the comment and rational for rejection will be input here. 7. Summary Please see above. Meridian City Council Meeting Agenda July 17, 2018 – Page 237 of 367 Annual Action Plan 2018 7 OMB Control No: 2506-0117 (exp. 06/30/2018) PR-05 Lead & Responsible Agencies – 91.200(b) 1. Agency/entity responsible for preparing/administering the Consolidated Plan Describe the agency/entity responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source. Agency Role Name Department/Agency CDBG Administrator MERIDIAN Planning Division, Community Development Dept Table 1 – Responsible Agencies Narrative (optional) Consolidated Plan Public Contact Information Caleb Hood, Division Manager Planning Division, Community Development Department City of Meridian | 33 E. Broadway Avenue| Meridian, ID 83642 208-884-5533 | 208-489-0572 fax Meridian City Council Meeting Agenda July 17, 2018 – Page 238 of 367 Annual Action Plan 2018 8 OMB Control No: 2506-0117 (exp. 06/30/2018) AP-10 Consultation – 91.100, 91.200(b), 91.215(l) 1. Introduction This section of the Action Plan describes how the City worked with stakeholders and public and private partners to develop allocation priorities—and how this consultation and coordination will continue through the planning period. Section AP-85 also provide information on institutional structure and program delivery. The City has relied heavily on the research and extensive consultation during 2017 when the City was developing its 2017-2021 Consolidated plan to inform the direction, goals, priorities, and needs of the community and how CDBG will be used to assist. Comparatively, the development of the PY2018 Annual Action Plan did not see as near a robust or intensive outreach or consultation effort as the prior year provided great, still-relevant information. Provide a concise summary of the jurisdiction’s activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(l)) The Boise City/Ada County Housing Authority (BCACHA) was interviewed as part of the Consolidated Planning process to help the City better understand BCACHA’s resources and needs. While there are no public housing units in Meridian, an estimated 200 Section 8 vouchers are currently used in Meridian— about 10 percent of the housing authority’s total voucher supply. The City is regularly engaged in the Boise City/Ada County Continuum of Care (CoC) where City staff sit on the groups Executive Committee, Housing Committee, Planning and Development Committee, Fair Housing Sub-Committee, and Coordinating Team. The City regularly hosts CoC meetings at Meridian City Hall where City staff plays an active role in facilitating meetings and coordinating collaborative efforts amongst regional and local housing providers (public, nonprofit, and private) and health and social service agencies (including many mental, governmental, emergency, and other health groups). The City’s efforts with the CoC has been instrumental in helping to further the work to end homelessness in Ada County as well as identify and coordinate with partners to meet the needs of LMI residents of Meridian. In addition, the City is undertaking efforts as part of its internal strategic plan work to develop a socioeconomic profile of Meridian that will identify gaps in service, partnership, and need. The City is dedicated to extending further support to organizations that helps meet the specifically defined needs in the community. One need that is readily apparent is the need for affordable housing and rental support. Meridian is dedicated to increasing its affordable housing inventory to ensure residents of all income Meridian City Council Meeting Agenda July 17, 2018 – Page 239 of 367 Annual Action Plan 2018 9 OMB Control No: 2506-0117 (exp. 06/30/2018) levels can find housing in Meridian—and to providing needed supportive services. To this end, City staff will continue to stay engaged with the affordable housing and supportive service community to ensure the City provides important tools and resources to affordable housing developers and supportive service providers. Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness. As noted above, the City is a regular and involved participant in the CoC. Not only do City staff participate in the noted committees, staff also act as Chair of the Housing Committee and Fair Housing Sub-Committee. Thus, the City is leading the efforts of these groups to eradicate homelessness through work to decrease housing discrimination, increase affordable housing inventory, improve landlord involvement in homeless groups and activities, provide resources to enhance the ease of landlord- tenant communications, explore opportunities for changes in local and state housing policies, and other activities. Meridian’s membership in the CoC’s Executive Committee also denotes the City’s involvement in helping coordinate all local and regional efforts of the CoC. In addition, with 2018 CDBG funds, the City is working with the CoC and the West Ada School District to begin to address the needs of unaccompanied youth in Meridian through housing services grants, while also funding with Jesse Tree to assist those who are not youth but are at immediate risk of homelessness. Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS IHFA oversees the allocation of ESG for the State of Idaho, including Meridian. Allocation of ESG is discussed at the CoC meetings, which Meridian staff attend. Meridian’s lack of emergency shelters and demonstrated experience with rapid rehousing programs puts the City at a disadvantage for ESG funds. However, as a member of the CoC Executive Committee, City staff are involved in the current planning efforts to better coordinate and utilize ESG funds in the region and state. Over the last year, the City has also been involved in the planning and implementation efforts of the CoC’s new HMIS data collection, coordination, and dashboard systems. Prior to 2017, there was no real effort to effectively coordinate or aggregate HMIS systems and data in the region. With the help of the City of Boise and other Executive Committee members, the City of Meridian assisted in the reworking of HMIS user agreements that shifted control of Ada County’s HMIS from IHFA to a third party consultant, Meridian City Council Meeting Agenda July 17, 2018 – Page 240 of 367 Annual Action Plan 2018 10 OMB Control No: 2506-0117 (exp. 06/30/2018) ICA. The City has been an active member of the team that coordinated and carried out that systematic shift and has supported the work of getting all HMIS users in the county to sign new collaborative and data-sharing agreements to enhance data quality and standards. With work with ICA, the City has also helped in creating a data dashboard which aggregates and visualizes the HMIS data. These services and resources were not around before this last year. The City continues its work with the Executive and Data and Performance Management Committees of the CoC to provide feedback on changes to the HMIS and data management process of the CoC. 2. Describe Agencies, groups, organizations and others who participated in the process and describe the jurisdiction’s consultations with housing, social service agencies and other entities Meridian City Council Meeting Agenda July 17, 2018 – Page 241 of 367 Annual Action Plan 2018 11 OMB Control No: 2506-0117 (exp. 06/30/2018) Table 2 – Agencies, groups, organizations who participated 1 Agency/Group/Organization Boise City/Ada County Continuum of Care Agency/Group/Organization Type Services-homeless What section of the Plan was addressed by Consultation? Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Needs - Unaccompanied youth Homelessness Strategy Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The CoC was consulted to as part of the 2017 Consolidated Planning efforts as well as during the 2018 action planning efforts. The groups are particularly influential in helping the City to understand the needs of the community as it relates to housing, homelessness, and fair housing. This consultation was effective in helping the City develop funding recommendations to address youth homelessness, homelessness prevention, and fair housing activities for PY2018. 2 Agency/Group/Organization Boise City/Ada County Housing Authority (BCACHA) Agency/Group/Organization Type Housing PHA Services - Housing Regional organization Meridian City Council Meeting Agenda July 17, 2018 – Page 242 of 367 Annual Action Plan 2018 12 OMB Control No: 2506-0117 (exp. 06/30/2018) What section of the Plan was addressed by Consultation? Housing Need Assessment Public Housing Needs Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Needs - Unaccompanied youth Homelessness Strategy Non-Homeless Special Needs HOPWA Strategy Market Analysis Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? BCACHA was contacted by the City to discuss the viability of its homebuyer assistance program in the midst of a difficult housing market. Conversations were had and feedback shared that helped the City to develop its funding recommendation for continuing to provide CDBG dollars to BCACHA for downpayment assistance during PY2018. This consultation also led to a discussion about housing development and policy that may change how the City interacts and funds this organization and these kinds of efforts in the future. 3 Agency/Group/Organization West Ada School District No.2 Agency/Group/Organization Type Services-homeless Services-Health Services-Education Publicly Funded Institution/System of Care What section of the Plan was addressed by Consultation? Homeless Needs - Families with children Homelessness Needs - Unaccompanied youth Homelessness Strategy Non-Homeless Special Needs Meridian City Council Meeting Agenda July 17, 2018 – Page 243 of 367 Annual Action Plan 2018 13 OMB Control No: 2506-0117 (exp. 06/30/2018) Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The City regularly discussed the needs of homeless and unaccompanied youth in Meridian's public education system with the West Ada School District. Conversations led the City's understanding of a large number of unaccompanied youth in the school system and the relatively limited resources and services available to these students. The City strategized with the organization about how to create new programs or partnerships that could ultimately help meet the needs of homeless students and families with children in Meridian. These conversations led to the West Ada School District submitting three applications for funding, one of which will be funded through CDBG during PY2018 and focus primarily on the supplement of housing assistance to unaccompanied youth in Meridian schools. 4 Agency/Group/Organization CATCH, INC. Agency/Group/Organization Type Housing Services - Housing Services-homeless What section of the Plan was addressed by Consultation? Housing Need Assessment Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Needs - Unaccompanied youth Homelessness Strategy Non-Homeless Special Needs Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The City meets often with CATCH to discuss the state of homelessness in Meridian. CATCH currently houses the coordinated entry efforts of the County and is tracking data about Meridian's homeless population. These consultations clarify the need for certain support in Meridian and helping to develop a short- and long- term strategy to meet the needs of homeless individuals in Meridian and across the County. Meridian City Council Meeting Agenda July 17, 2018 – Page 244 of 367 Annual Action Plan 2018 14 OMB Control No: 2506-0117 (exp. 06/30/2018) 5 Agency/Group/Organization City of Meridian Agency/Group/Organization Type Other government - Local Planning organization Civic Leaders Grantee Department What section of the Plan was addressed by Consultation? Housing Need Assessment Market Analysis Economic Development Anti-poverty Strategy Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The City regularly consults internally with the Mayor's Office, Department of Community Development, Planning Division, Economic Development officials, Finance Department, Public Works Department, and law enforcement officials to explore and operationalize the needs of community members in Meridian. Much of the conversation during the consultations surrounding this PY2018 Action Plan deals with the housing needs, wage growth, vacancy and affordability rates of housing, and work to address poverty in the community. Many of these conversations are still in their preliminary stage and have not directly created outcomes or improved coordination, but work continues to plan and strategize to develop 1) incentives for affordable housing development, 2) partnerships to address service gaps in Meridian, 3) a clear plan/strategy to increase workforce housing developments, 4) a new City Comprehensive Plan and better-addresses and plans for the needs of the homeless and other LMI residents, and 5) a socioeconomic profile of the City. All of these will offer insight, strategy, and structure to the City's communtiy development efforts in the coming years. 6 Agency/Group/Organization THE JESSE TREE OF IDAHO, INC. Agency/Group/Organization Type Services - Housing Services-homeless Meridian City Council Meeting Agenda July 17, 2018 – Page 245 of 367 Annual Action Plan 2018 15 OMB Control No: 2506-0117 (exp. 06/30/2018) What section of the Plan was addressed by Consultation? Non-Homeless Special Needs Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? This organization was consulted to discuss the possibility to expand their emergency rental assistance program in Meridian. They provided insights and clarity into the need for their program in lieu of continually rising rents across the City. This consultation contributed to an expansion of CDBG funding that will be given to this organization for homeless prevention services during PY2018. 7 Agency/Group/Organization MERIDIAN DEVELOPMENT CORPORATION Agency/Group/Organization Type Publicly Funded Institution/System of Care Other government - Local What section of the Plan was addressed by Consultation? Slum and Blight Strategy Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The local urban redevelopment agency was consulted regarding the priority slum and blight needs in the City's redevelopment areas. These consultations helped inform the priorities and decisions for funding given to slum and blight projects for PY2018. 8 Agency/Group/Organization UNITED WAY OF TREASURE VALLEY Agency/Group/Organization Type Planning organization Foundation What section of the Plan was addressed by Consultation? Housing Need Assessment Anti-poverty Strategy Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The United Way was consulted in efforts to create a Socioeconomic Profile of Meridian in an effort to better understand the housing, transportation, health, food, financial, and education needs of Meridian's residents. This partnership is ongoing and will likely result in funding provided to the City by this organization to conduct research and create plans to understand and meet these needs. Meridian City Council Meeting Agenda July 17, 2018 – Page 246 of 367 Annual Action Plan 2018 16 OMB Control No: 2506-0117 (exp. 06/30/2018) 9 Agency/Group/Organization NAMPA Agency/Group/Organization Type Other government - Local What section of the Plan was addressed by Consultation? Homelessness Strategy Non-Homeless Special Needs Market Analysis Economic Development Anti-poverty Strategy Administrative Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The City regularly consults with the City of Nampa to ensure that funding recommendations, administrative practices, and other activities are compliant with federal regulations. The coordination also reflects a shared goal to ensure that all activities undertaken with CDBG funds work to meet regional needs as well as local needs. 10 Agency/Group/Organization Neighborworks Boise Agency/Group/Organization Type Services - Housing Service-Fair Housing Major Employer What section of the Plan was addressed by Consultation? Homelessness Strategy Non-Homeless Special Needs Meridian City Council Meeting Agenda July 17, 2018 – Page 247 of 367 Annual Action Plan 2018 17 OMB Control No: 2506-0117 (exp. 06/30/2018) Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The City worked with NeighborWorks Boise to discuss the viability of down payment assistance and homebuyer education programs in Meridian. These consultations led the City to prioritize homebuyer education activities over down payment assistance activities in the review of its grant applications for PY2018, although not homebuyer education activities were ultimately funded due to eligibility reasons. The City expects these consultations to help inform future funding decisions and efforts to improve housing options and education for LMI and homeless residents in Meridian. 11 Agency/Group/Organization Idaho Fair Housing Forum Agency/Group/Organization Type Service-Fair Housing What section of the Plan was addressed by Consultation? Fair Housing Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The City meets regularly with this group to consult on how to advance the fair housing work of the City and region. These consultations have brought to fruition multiple fair housing trainings and conferences educating over 1000 people about fair housing law and practice. These meetings also inform how the City will implement its strategies to affirmatively further fair housing. 12 Agency/Group/Organization Neighbors United Collaborative Agency/Group/Organization Type Services - Housing Services-Health Services-Education Services-Employment Service-Fair Housing Services - Refugees What section of the Plan was addressed by Consultation? Non-Homeless Special Needs Fair Housing Meridian City Council Meeting Agenda July 17, 2018 – Page 248 of 367 Annual Action Plan 2018 18 OMB Control No: 2506-0117 (exp. 06/30/2018) Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The City regularly consults with this group to know how to address the needs of LMI refugees in Meridian. Much of the discussion leading up to the development of this PY2018 Annual Action Plan has been around fair housing and language access services in the community. The City is working with this and other groups to develop resources and materials that can better educate about fair housing best practices while providing refugees and others facing housing discrimination support to overcome negative situations. 13 Agency/Group/Organization Idaho Apartment Association Agency/Group/Organization Type Services - Housing Business Leaders What section of the Plan was addressed by Consultation? Non-Homeless Special Needs Fair Housing Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The City consults, as needed, with this organization to get the private-sector perspective on micro and macro issues in the world of housing and fair housing. These consultations have often informed the conversations and decisions taken to and made by Neighbors United, Idaho Fair Housing Forum, and the CoC's Fair Housing Subcommittee. Identify any Agency Types not consulted and provide rationale for not consulting All relevant organizations, agencies, and stakeholders were invited to participate in the development of the Consolidated Plan, Action Plan, and AI in 2017. During 2018, the City continues to use the findings of that initial consultation to inform its collaborative and funding efforts. The City would like to improve its coordination with housing developers, particularly those developers who specialize in the development of workforce and affordable housing. Increased efforts were not made this year to reach out to these groups as the City is still working to develop internal strategies and plans about how it wants to address the affordable housing needs in the community and how to engage developers in Meridian City Council Meeting Agenda July 17, 2018 – Page 249 of 367 Annual Action Plan 2018 19 OMB Control No: 2506-0117 (exp. 06/30/2018) that process. The City is also just starting a new Comprehensive Plan process that will bring in consultants to do some of the consultations in the coming months. The decision was made to couple the needed consultation efforts of these Community Development activities with these upcoming comprehensive planning consultation activities. Other local/regional/state/federal planning efforts considered when preparing the Plan Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan? Continuum of Care Idaho Housing and Finance Association, Ada County, City of Boise Meridian goals of improving economic outcomes of low income residents, providing emergency rental assistance, and improving housing options and social and supportive services for people including but not limited to people with special needs and individuals/families leaving domestic violence situations. These will contribute to the CoC objective of Ending Chronic Homelessness by preventing Meridian residents from falling into homelessness. State of Idaho Analysis of Impediments Idaho Housing and Finance Association; Idaho Department of Commerce The fair housing strategies established for Meridian considered opportunities to collaborate with the State. The City regularly involves representatives from IHFA, City of Nampa, City of Caldwell, and Idaho Department of Commerce in the planning, funding, and implementation efforts of fair housing activities in the region and state. Meridian Comprehensive Plan Meridian Planning Division The City Comprehensive Plan was consulted during preparation of the Consolidated Plan to ensure goals were consistent with the needs and desires of the community. Land use and zoning regulations were reviewed to assess barriers to housing choice. BCACHA Policies and Procedures BCACHA The housing authority policies and procedures were reviewed to ensure they support housing choice and address the greatest needs of low income residents. Table 3 – Other local / regional / federal planning efforts Narrative (optional) Meridian City Council Meeting Agenda July 17, 2018 – Page 250 of 367 Annual Action Plan 2018 20 OMB Control No: 2506-0117 (exp. 06/30/2018) AP-12 Participation – 91.105, 91.200(c) 1. Summary of citizen participation process/Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal-setting In 2017, the City completed an extensive citizen participation procedure to gain public guidance and information for the 2017-2021 Consolidated Plan. The findings of those efforts have informed the priorities, needs, and goals entirely. During the consolidated planning process, the feedback received from public surveys, stakeholder interviews, and other public feedback created the framework for which all CDBG goals and action plans will be based on. The City has the goal to use the public feedback from consolidated plan to inform funding decisions proposed in this and subsequent annual action plans. In addition to the consolidated plan citizen participation processes, the City has undergone all required citizen participation requirements for this action plan. These include a 39-day public comment period with a formal public hearing during that comment period. The City published legal notices in two local newspapers (Idaho Statesman and Meridian Press) and posted the drafted action plan on the City’s website. The City also did some minimal social media outreach to inform the public about the public comment period and the public hearing. All comments that were received were reviewed, acknowledged, and included as an attachment to this plan. The City also included key public stakeholders in its Grant Scoring Committee who had the responsibility to review all of the grant applications and develop the final recommendations for funding included in this action plan. Details of each of these activities are noted below. (As this plan is a draft plan, no comments have yet been received. As comments are received as part of the public review processes, those comments will be added to this section according.) Meridian City Council Meeting Agenda July 17, 2018 – Page 251 of 367 Annual Action Plan 2018 21 OMB Control No: 2506-0117 (exp. 06/30/2018) Citizen Participation Outreach Sort Order Mode of Outreach Target of Outreach Summary of response/attendance Summary of comments received Summary of comments not accepted and reasons URL (If applicable) Table 4 – Citizen Participation Outreach Meridian City Council Meeting Agenda July 17, 2018 – Page 252 of 367 Annual Action Plan 2018 22 OMB Control No: 2506-0117 (exp. 06/30/2018) Expected Resources AP-15 Expected Resources – 91.220(c)(1,2) Introduction This section shows the amount of CDBG funding that the City of Meridian is expecting to receive for PY2018. How federal funds will be leveraged is also outlined. Anticipated Resources Program Source of Funds Uses of Funds Expected Amount Available Year 1 Expected Amount Available Remainder of ConPlan $ Narrative Description Annual Allocation: $ Program Income: $ Prior Year Resources: $ Total: $ CDBG public - federal Acquisition Admin and Planning Economic Development Housing Public Improvements Public Services 422,148 0 25,000 447,148 974,156 Table 5 - Expected Resources – Priority Table Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied Meridian City Council Meeting Agenda July 17, 2018 – Page 253 of 367 Annual Action Plan 2018 23 OMB Control No: 2506-0117 (exp. 06/30/2018) The City of Meridian receives CDBG funds directly through its annual entitlement; this is the only HUD funding that the City directs toward projects. Non-profit organizations utilize other federal, state, and private grant funds. Public Housing programs including Family Self-Sufficiency, Section 8, and Public Housing Comprehensive Grants provide additional funding. For example, BCACHA has historically leveraged CDBG funds from Meridian with CDBG funds from other communities and HUD funding from their Family Self Sufficiency and Housing Choice Voucher Programs. Meridian Food Bank receives almost $100,000 of private donations and other grants on an annual basis to couple with their CDBG allocations. The Boys & Girls Clubs of Ada County receive funding from the USDA through the Department of Education and leverage those funds with the CDBG funding received from Meridian to help support their programs and projects. Jesse Tree partners with local banks, foundations, and or institutions and cities to help fund their rental assistance and other programs. The Meridian CDBG dollars would allow them to be able to Meridian City Council Meeting Agenda July 17, 2018 – Page 254 of 367 Annual Action Plan 2018 24 OMB Control No: 2506-0117 (exp. 06/30/2018) If appropriate, describe publically owned land or property located within the jurisdiction that may be used to address the needs identified in the plan There are currently no publically owned lands within Meridian that have been identified to specifically address needs of the plan. Except for Parks, Fire Stations and other properties containing municipal buildings like City Hall, the City does not own lands that could be donated. Discussion Please see above. Meridian City Council Meeting Agenda July 17, 2018 – Page 255 of 367 Annual Action Plan 2018 25 OMB Control No: 2506-0117 (exp. 06/30/2018) Annual Goals and Objectives AP-20 Annual Goals and Objectives Goals Summary Information Sort Order Goal Name Start Year End Year Category Geographic Area Needs Addressed Funding Goal Outcome Indicator 1 Improve Accessibility 2017 2021 Non- Homeless Special Needs Better Accessibility in Meridian Improve Accessibility in Meridian CDBG: $319,148 Public Facility or Infrastructure Activities other than Low/Moderate Income Housing Benefit: 200 Persons Assisted 2 Enhance Homeownership Opportunities 2017 2021 Affordable Housing Homeownership Opportunities: 80-120 Percent of AMI Down Payment Assistance Opportunities CDBG: $30,000 Direct Financial Assistance to Homebuyers: 3 Households Assisted 3 Administration and Fair Housing Activities 2017 2021 Admin CDBG: $35,000 Other: 0 Other Meridian City Council Meeting Agenda July 17, 2018 – Page 256 of 367 Annual Action Plan 2018 26 OMB Control No: 2506-0117 (exp. 06/30/2018) Sort Order Goal Name Start Year End Year Category Geographic Area Needs Addressed Funding Goal Outcome Indicator 4 Provide Social Services 2017 2021 Non- Homeless Special Needs Low income services Improvements in Economic Stability Homeownership Opportunities: 80-120 Percent of AMI Rental Assistance and Affordable Rental Units Improved Housing Options and Supportive Services Rental Assistance Programs and Rental Units Service Programs - Low Income and Special Needs CDBG: $63,000 Public service activities other than Low/Moderate Income Housing Benefit: 2050 Persons Assisted Public service activities for Low/Moderate Income Housing Benefit: 25 Households Assisted Homelessness Prevention: 25 Persons Assisted Table 6 – Goals Summary Goal Descriptions 1 Goal Name Improve Accessibility Goal Description 2 Goal Name Enhance Homeownership Opportunities Goal Description Meridian City Council Meeting Agenda July 17, 2018 – Page 257 of 367 Annual Action Plan 2018 27 OMB Control No: 2506-0117 (exp. 06/30/2018) 3 Goal Name Administration and Fair Housing Activities Goal Description 4 Goal Name Provide Social Services Goal Description Meridian City Council Meeting Agenda July 17, 2018 – Page 258 of 367 Annual Action Plan 2018 28 OMB Control No: 2506-0117 (exp. 06/30/2018) Projects AP-35 Projects – 91.220(d) Introduction During PY2018, CDBG will fund the following activities to address high priority needs of providing emergency services to low-income residents to prevent homelessness, helping low and moderate income residents achieve homeownership, and improving accessibility through ADA improvements and new streetlights. The expected program allocation and outcomes will include the projects listed below. Administration & Planning • Administration, Fair Housing & Planning Activities - $35,000 Public Facility • Meridian Development Corporation & City of Meridian – E 3rd Street Right of Way Improvements - $180,000 • Meridian Library District – ADA Upgrade to Facility Bathrooms - $77,970 • City of Meridian – Streetlight Installation - $61,178 ($25,000 from prior PY) Public Service • Meridian Food Bank - Hunger Relief Program - $30,000 • Boys & Girls Club - Scholarship Program - $13,000 • The Jesse Tree of Idaho - Homelessness Prevention - $10,000 • Education Foundation of West Ada School District – Housing + High School = Success Program - $10,000 Affordable Housing • Ada County Housing Authority - Homebuyer Assistance Program - $30,000 The City does not anticipate any obstacles to allocating these funds. Projects # Project Name 1 Administration 2 Public Services 3 Public Facilities Meridian City Council Meeting Agenda July 17, 2018 – Page 259 of 367 Annual Action Plan 2018 29 OMB Control No: 2506-0117 (exp. 06/30/2018) # Project Name 4 Housing Table 7 - Project Information Meridian City Council Meeting Agenda July 17, 2018 – Page 260 of 367 Annual Action Plan 2018 30 OMB Control No: 2506-0117 (exp. 06/30/2018) Describe the reasons for allocation priorities and any obstacles to addressing underserved needs The following allocation priorities were determined by the housing market analysis conducted for the last Consolidated Plan, stakeholder and resident input, and the review of fair housing barriers: Allocation to accessibility improvements: Persons with disabilities interviewed and surveyed for the last consolidated plan prioritized accessibility improvements, particularly public infrastructure. Community access for persons with disabilities was identified as a barrier in reference to lack of/poor sidewalks and access to handicapped parking. In addition, the Meridian Library District was recently found to be in noncompliance with ADA for their restroom facilities. See AP-50 for more details on the rationale for priorities for the noted streetlights and right of way improvement projects that aim to affect geographic areas than specific clientele. Allocation to down payment assistance was influenced by the 2017 Consolidated Plan survey that found nearly 90 percent of renters expressed an interest in homeownership. Not having enough money for a down payment (40% of renters who want to buy) and poor credit (16%) were the top reasons these renters had not achieved homeownership. Allocation to emergency rental assistance: The last Consolidated Plan identified a shortage of 1,077 rental units to serve Meridian households earning $25,000 and less (rents of $625 and less, including utilities). This gap increased in the past 5 years to 1,348 units. The increase was largely due to additional households falling below the poverty line. Funding to support scholarships at the Boys and Girls Club was related to the finding in the 2017-2021 AI that lower income children, particularly those living in Census tracts with a high density of residents with a national origin other than the United States, have lower access to proficient schools. Funding for the Meridian Food Bank is related to growth in demand for food support. The recession affected many Meridian residents, and some low-income residents have not fully recovered from job and housing losses. Investing in the food bank helps level the playing field for low-income residents, especially children, who perform better in school when they have adequate nutrition. The primary obstacles to fully addressing residents’ needs are 1) Limited supply of affordable units, and 2) Limited funding. The City has allocated funding to both address needs within the limitations of Meridian City Council Meeting Agenda July 17, 2018 – Page 261 of 367 Annual Action Plan 2018 31 OMB Control No: 2506-0117 (exp. 06/30/2018) funding. Meridian City Council Meeting Agenda July 17, 2018 – Page 262 of 367 Annual Action Plan 2018 32 OMB Control No: 2506-0117 (exp. 06/30/2018) AP-38 Project Summary Project Summary Information Meridian City Council Meeting Agenda July 17, 2018 – Page 263 of 367 Annual Action Plan 2018 33 OMB Control No: 2506-0117 (exp. 06/30/2018) 1 Project Name Administration Target Area Goals Supported Administration and Fair Housing Activities Needs Addressed Funding CDBG: $35,000 Description This project will have activities that relate to the administrative, planning, and fair housing processes of the CDBG program during PY2018. Target Date 9/30/2019 Estimate the number and type of families that will benefit from the proposed activities 0 Location Description The work under this project will be carried out by the City of Meridian's Community Development Program Coordinator at Meridian City Hall located at 33 E. Broadway Avenue. Planned Activities Administration and Planning - $25,000 Fair Housing - $10,000 2 Project Name Public Services Target Area Goals Supported Enhance Homeownership Opportunities Provide Social Services Needs Addressed Improvements in Economic Stability Homeownership Opportunities: 80-120 Percent of AMI Rental Assistance and Affordable Rental Units Improved Housing Options and Supportive Services Rental Assistance Programs and Rental Units Service Programs - Low Income and Special Needs Funding CDBG: $63,000 Description This project will focus on providing needed public, human, and social service programs to eligible clientele facing special needs in Meridian. Target Date 9/30/2019 Meridian City Council Meeting Agenda July 17, 2018 – Page 264 of 367 Annual Action Plan 2018 34 OMB Control No: 2506-0117 (exp. 06/30/2018) Estimate the number and type of families that will benefit from the proposed activities 2175 Location Description Boys and Girls Clubs of Ada County - 911 N Meridian Rd, Meridian, ID 83642 Jesse Tree of Idaho - various locations across Meridian as clientele needs dictate Education Foundation for West Ada School District - various locations across Meridian as clientele needs dictate Meridian Food Bank - 133 W Broadway Ave, Meridian, ID 83642 Planned Activities • Meridian Food Bank - Hunger Relief Program - $30,000 • Boys & Girls Club - Scholarship Program - $13,000 • The Jesse Tree of Idaho - Homelessness Prevention - $10,000 • Education Foundation of West Ada School District – Housing + High School = Success Program - $10,000 3 Project Name Public Facilities Target Area Goals Supported Improve Accessibility Needs Addressed Better Accessibility in Meridian Improve Accessibility in Meridian Funding CDBG: $319,148 Description This project focuses on the development of new or improved public facilities that meet the needs of LMI individuals in Meridian. Target Date 12/31/2019 Estimate the number and type of families that will benefit from the proposed activities 200 Location Description Meridian Library District ADA Improvements - MDC Right of Way Improvements - E 3rd St (Slum and Blight Redevelopment Area) City of Meridian Streetlight Installation - E Chateau St in Block Group 1, Census Tract 103.33 Meridian City Council Meeting Agenda July 17, 2018 – Page 265 of 367 Annual Action Plan 2018 35 OMB Control No: 2506-0117 (exp. 06/30/2018) Planned Activities • Meridian Development Corporation & City of Meridian – E 3rd Street Right of Way Improvements - $180,000 • Meridian Library District – ADA Upgrade to Facility Bathrooms - $77,970 • City of Meridian – Streetlight Installation - $61,178 ($25,000 from prior PY) 4 Project Name Housing Target Area Goals Supported Needs Addressed Homeownership Opportunities: 80-120 Percent of AMI Down Payment Assistance Opportunities Funding CDBG: $30,000 Description This project addresses housing-related needs for residents in Meridian, including down-payment assistance programs. Target Date 9/30/2019 Estimate the number and type of families that will benefit from the proposed activities 3 Location Description Location is dependent on where the eligible client can find a home in their price range. Planned Activities • Ada County Housing Authority - Homebuyer Assistance Program - $30,000 Meridian City Council Meeting Agenda July 17, 2018 – Page 266 of 367 Annual Action Plan 2018 36 OMB Control No: 2506-0117 (exp. 06/30/2018) AP-50 Geographic Distribution – 91.220(f) Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed The following are the areas that will have programs and projects ongoing during PY2018 that are assisted with CDBG funds: -Meridian Development Corporation and City of Meridian’s Right of Way Improvements to the E 3rd Street in the City’s Slum and Blight Redevelopment Area is focused on eradicated some of the most apparent contributing conditions to the areas slum and blight features including a lack of sidewalk and public infrastructure, as well as an open waterway running through the property and neighborhood. CDBG funds will be used to remedy these factors to increase the safety and usability of this area of the City’s Redevelopment Area. -The City of Meridian’s Public Works Department is focusing on Block Group 1, Census Tract 103.33 to develop and install new streetlights in an area where there is none. This area along E. Chateau Drive is a key pathway to school for students at Chief Joseph Elementary School. These newly installed lights will provide lighting in the mornings to kids walking to school when there previously was no lighting while also providing improved visibility and safety for travelers at night. Geographic Distribution Target Area Percentage of Funds Table 8 - Geographic Distribution Meridian City Council Meeting Agenda July 17, 2018 – Page 267 of 367 Annual Action Plan 2018 37 OMB Control No: 2506-0117 (exp. 06/30/2018) Rationale for the priorities for allocating investments geographically These two projects are geographically benefiting LMI populations and economic opportunities where there has been a defined need and priority. The MDC project is happening in conjunction with two other economic development activities (unassisted by and unrelated to CDBG) that are bringing many more jobs to the block and streets directly around this property that will see these improvements. Because of these eventual increases to road and foot traffic to the area, and to better foster economic development and the eradication of slum and blight in this area, particularly along this one street, these funds are being provided. The Streetlights project has been a key priority for the public works department and the Meridian City Council primarily because of its proximity to education centers for local students. Thus this project was prioritized over other streetlight projects that CDBG could have been used for. Discussion Please see above. Meridian City Council Meeting Agenda July 17, 2018 – Page 268 of 367 Annual Action Plan 2018 38 OMB Control No: 2506-0117 (exp. 06/30/2018) Affordable Housing AP-55 Affordable Housing – 91.220(g) Introduction Below are the goals of the City of Meridian as they relate to affordable housing for PY2018. These goals are dependent on the activities funded using the PY2018 CDBG grant. One Year Goals for the Number of Households to be Supported Homeless 0 Non-Homeless 13 Special-Needs 15 Total 28 Table 9 - One Year Goals for Affordable Housing by Support Requirement One Year Goals for the Number of Households Supported Through Rental Assistance 25 The Production of New Units 0 Rehab of Existing Units 0 Acquisition of Existing Units 3 Total 28 Table 10 - One Year Goals for Affordable Housing by Support Type Meridian City Council Meeting Agenda July 17, 2018 – Page 269 of 367 Annual Action Plan 2018 39 OMB Control No: 2506-0117 (exp. 06/30/2018) Discussion Table 6: It is difficult to determine the housing status of those households supported through PY17 CDBG partnerships. However, it is presumed that a minimum of 3 non-homeless households will be supported through the programs at ACHA with another 10 or so non-homeless families expected to be served by Jesse Tree. It is also estimated that CDBG support to the Education Foundation of West Ada School District’s Housing + High School = Success will assist 15 unaccompanied homeless/special needs youth. Because the School District tracks their homeless data using a different definition of "homelessness" than HUD, these individuals will be included in the Special-Needs category rather than the "Homeless" category though many of these clients are likely to be considered homeless under both definitions. There is also an estimated 2100 households will be helped by Meridian Food Bank and the Boys & Girls Club of Ada County which help individuals with special needs. Some of these 2100 households would likely be considered “Homeless” but neither organization tracks the housing status of their clients. Thus we can’t substantiate the housing status of these estimated 2100 clients to be served and their numbers are not included in this table. Table7: Jesse Tree works to prevent homelessness and we anticipate around 10 households being supported by their services through our PY18 CDBG funds. In addition, the Education Foundation of West Ada School District will provide housing stipends and other housing assistance to around 15 homeless youth during PY18. Also, our partnership with AACHA will serve 3 families to help them find housing in Meridian and assist in supplementing down payment and closing costs for those homes. Meridian City Council Meeting Agenda July 17, 2018 – Page 270 of 367 Annual Action Plan 2018 40 OMB Control No: 2506-0117 (exp. 06/30/2018) AP-60 Public Housing – 91.220(h) Introduction This section is not applicable as Meridian does not have a local housing authority or public housing units. Instead, Meridian is served by the Boise City/Ada County Housing Authority which provides vouchers to qualifying residents in Meridian. The greatest need for low-to-moderate income renters in Meridian is rental housing with rents at or below the Fair Market Rent. Actions planned during the next year to address the needs to public housing N/A Actions to encourage public housing residents to become more involved in management and participate in homeownership N/A If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other assistance N/A Discussion Please see “Introduction” of this section. Meridian City Council Meeting Agenda July 17, 2018 – Page 271 of 367 Annual Action Plan 2018 41 OMB Control No: 2506-0117 (exp. 06/30/2018) AP-65 Homeless and Other Special Needs Activities – 91.220(i) Introduction This section discusses how the City of Meridian will address the needs of persons at risk of and experiencing homelessness in the City during PY18. Describe the jurisdictions one-year goals and actions for reducing and ending homelessness including Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs The City of Meridian has been an active member of the Ada County Continuum of Care (CoC) for the last four years. City representatives have been particularly involved in the CoC’s Executive and Housing Committees with the hops of better understanding and coordinating the needs that Meridian’s homeless individuals face and how to better serve them. In addition, City representatives are frequently involved in public discussions, presentations, and meetings with citizens, other governmental officials, and local service providers including West Ada School District, Jesse Tree, and CATCH to provide support, understanding, and outreach to the homeless in Meridian. The City has also worked with Boise State University, the City of Boise, and the CoC to better implement a data collection protocol that can exist countywide. This data system is able to track where Meridian’s homeless population came from and the reasons for their homelessness. This data and information will better inform strategies and partnerships that the City can implement in the future. During PY18, the City is committed to further exploring these data and strive to come to a better understanding of the who, what, when, where, and why of Meridian’s homeless population. The City is also committed to furthering its commitment serving the individual needs of Meridian’s homeless population, particularly homeless youth, though CDBG funding support to the Education Foundation of West Ada School District’s Housing + High School = Success. The City intends to continue to use its partners to identify, understand, and support homeless individuals (especially unsheltered persons) in Meridian. Addressing the emergency shelter and transitional housing needs of homeless persons As noted, the City of Meridian is regularly in contact with case management and support services organizations like CATCH and Jesse Tree to assess and address the emergency and transitional housing needs of homeless persons in Meridian. In 2017, Jesse Tree was funded through Meridian’s CDBG program to help provide emergency rental assistance to Meridian residents at risk of losing housing. In Meridian City Council Meeting Agenda July 17, 2018 – Page 272 of 367 Annual Action Plan 2018 42 OMB Control No: 2506-0117 (exp. 06/30/2018) the City’s PY2017 Annual Action Plan, the City said it would consider grant applications for similar projects that would meet emergency and transitional housing needs in Meridian. Although PY2018 will not be funding any of these types of projects, the City is working with a few partners, Mentor Works and Our Path Home, to get a better idea of future transitional and emergency shelter needs and projects in the near future. The City is also part of coordinated conversations with CATCH, the CoC, and Idaho Housing and Finance Association, as well as other state housing providers, to better discuss and plan current and future transitional and emergency housing needs in the region and the state. The City is hopeful that a transitional housing provider will locate in the City limits within the coming 3-5 years. Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again Through City’s CDBG program, Meridian has funded organizations like NeighborWorks Boise and Ada County Housing Authority to help provide down payment and closing cost assistance to low-to- moderate income residents of Meridian. In addition, Meridian’s work with Jesse Tree and CATCH in previous and future years has helped proved rental and case management services aimed at preventing and resolving needs for homeless and near-homeless families and individuals in Meridian. Also, Meridian’s work with the CoC are indicators of the efforts the City has made to help explore and address the needs of Meridian’s homeless population. In PY2017, the City helped plan and conduct the CoC’s annual Point in Time count, assisted Boise State University researchers conduct research on the number of homeless youth in the City, served on a planning committee to build a new Permanent Supportive Housing development located in Boise, and regularly coordinated with partners and residents to better understand and address needs of the homeless population in Meridian and across the region. The partnerships that the City has with local committees, organizations, and networks in evaluating, understanding, and addressing the many needs of Meridian’s homeless population include Meridian Police Department, Ada County Sheriff’s Office, City of Boise, City of Nampa, City of Caldwell, Women’s and Children’s Alliance, Astegos, Jesse Tree, Boys & Girls Clubs of Ada County, West Ada School District, CATCH, Ada County Housing Authority, Local HUD office, Ada County Continuum of Care, Meridian Food Bank, United Way, NeighborWorks Boise, IHFA, Terry Riley, El-Ada Community Action, Our Path Home, Meridian City Council Meeting Agenda July 17, 2018 – Page 273 of 367 Annual Action Plan 2018 43 OMB Control No: 2506-0117 (exp. 06/30/2018) and many others. These partnerships are extensive and ongoing in order to help address and prevent homelessness in Meridian. These efforts, particularly coordination and participation with CATCH and the local CoC are designed to assist local service providers in helping homeless persons make the transition to permanent housing and independent living while shortening the period of time that individuals and families experience homelessness. Specifically, the City participates in the CoC’s Data and Performance Measurement Committee which supports the Our Path Home coordinated entry system. A main goal of this activity to identify needs and set goals that the City can achieve to meet given targets. In addition, the City's current and future funding relationship with NeighborWorks Boise, Boise City/Ada County Housing Authority, Education Foundation of West Ada School District, and Jesse Tree are aimed to develop activities through the CDBG program aimed at facilitating access for homeless individuals and families to affordable housing unit while also preventing individuals and families from becoming homeless. Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs. Meridian’s CDBG Program currently funds Jesse Tree to provide emergency rental assistance to LMI residents who are at risk of becoming homeless. During PY2018 the City will continue to provide funding to Jesse Tree, as well as the Education Foundation of West Ada School District which provides housing stipends and assistance to homeless, unaccompanied youth in Meridian. Both of these organization are working to keep families, individuals, and children off of the streets and in some sort of stable housing. Meridian also partners with other organizations like Meridian Food Bank and CATCH to assess needs and provide services for those at risk of becoming homeless. Please refer to the previous explanation for a list of the partnerships Meridian has to help prevent and address the homelessness needs of LMI individuals in the City. However, Meridian currently does not have any planned activities to address the housing needs of those who are, specifically, being discharged from publicly funded institutions and systems of care or who are receiving public or other assistance outside of the details specified. Work is being done to expand the City's role in the Continuum of Care's Coordinated Entry and other committees to help address any needs being faced in the community. Meridian City Council Meeting Agenda July 17, 2018 – Page 274 of 367 Annual Action Plan 2018 44 OMB Control No: 2506-0117 (exp. 06/30/2018) Discussion Much of the work that is being funded through the City's CDBG program is aimed toward homelessness prevention among the LMI population in the community. Answers to the questions in this section specify many of the different services and activities that Meridian is exerting energy and resources toward to help the local homeless and nearly-homeless populations. Development of public transportation opportunities for seniors, ADA compliance improvements to public facilities, and public facility improvements such as sidewalk and streetlight improvements in LMI areas are focused, outside of those already noted, to meet the needs of persons who are and who are not homeless in the community. Meridian City Council Meeting Agenda July 17, 2018 – Page 275 of 367 Annual Action Plan 2018 45 OMB Control No: 2506-0117 (exp. 06/30/2018) AP-75 Barriers to affordable housing – 91.220(j) Introduction: Section V, a supplement to the City’s 2017-2021 Consolidated Plan, analyzes public and private barriers to housing choice in Meridian. Stakeholders were also interviewed about housing barriers. Barriers associated with tax policies, land use controls and zoning, building codes, fees and charges, growth limits, and policies affecting the return on residential investment were not identified as barriers. On the contrary, the review found a favorable environment for development and a migration toward more diverse housing types. As such, the actions summarized below do NOT address the negative effects of public policies that serve as barriers to affordable housing (policies, procedures, processes). Instead, they focus on actions that address other types of identified barriers. Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment The City has recently expressed a commitment to creating more diverse housing types through its redevelopment plan for downtown. The plan states that creating diverse housing opportunities for different housing needs and life-cycles in downtown Meridian is important to support new businesses and activity. A healthy housing mix will also help to draw people downtown and ensure 24-7 activity. Housing created or redeveloped as part of the downtown plan is expected to include apartments, townhomes, condominiums, duplexes, and single-family homes. The City has helped facilitate the recent RFP for a large portion of the publicly-owned properties in downtown meridian with a priority being given to those proposals that will development mixed use and high-density housing developments. In 2017, to evaluate potential fair housing concerns within the City’s zoning code, the City had BBC Consulting utilize a “Review of Public Policies and Practices (Zoning and Planning Codes)” form recently circulated by the Los Angeles fair housing office of HUD. The research did not reveal any negative effects of public policies that serve as barriers to affordable housing. This includes land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting returns on residential investment. In addition, over the next few program years, the City intends to undergo a review of potential policy and code changes that will incentivize the future development of multi-family and affordable housing units in Meridian. Meridian City Council Meeting Agenda July 17, 2018 – Page 276 of 367 Annual Action Plan 2018 46 OMB Control No: 2506-0117 (exp. 06/30/2018) Discussion: Please see the Grantee Unique Appendices attached to the City’s 2017-2021 Consolidated Plan for details (Section V, pages 9 through 11). Meridian City Council Meeting Agenda July 17, 2018 – Page 277 of 367 Annual Action Plan 2018 47 OMB Control No: 2506-0117 (exp. 06/30/2018) AP-85 Other Actions – 91.220(k) Introduction: This section discusses the Other Actions the City will take to address the needs of low-income residents. Actions planned to address obstacles to meeting underserved needs The City will continue to engage in the regional dialogue with neighboring communities and service providers to identify and address underserved needs, maintain affordable housing, and reduce the number of families living in poverty. The City has made steps this year to address the underserved needs of unaccompanied youth and the physically disabled in Meridian through CDBG funding being allocated to projects that would exclusively support both populations. Actions planned to foster and maintain affordable housing The City intends to partner with local service providers to provide emergency assistance to families who are at risk of eviction and homelessness. The City will also explore additional partnerships—including partnerships with mission-driven and private developers—to bring more workforce housing into downtown and underutilized land parcels. Finally, the city will partner with local service providers to provide down payment assistance to help renter households become homeowners. Actions planned to reduce lead-based paint hazards Over the course of the upcoming program year, the City will maintain information on lead-based paint hazards in order to (1) educate the public, (2) gauge the prevalence of lead paint contamination, and (3) start to address the issue within the City. There is a wealth of information already available from HUD, the State, neighboring communities, and various organizations that staff will gather and make available at City Hall, on the City’s website, and at other locations throughout the community. Actions planned to reduce the number of poverty-level families Please see above. The City believes this should be a regional effort and will take more of a leadership role in addressing the needs of families living in poverty. Meridian's CDBG program intends to fund programs that provide emergency assistance to families who are at risk of homelessness, provide food supplies to those individuals in need, provide housing cost assistance for residents unable to cover the full costs of home purchases, among other activities. The City's local strategic plan also plans to address poverty-based issues through the expansion of needed public services as well as the ever-strong focus of Meridian on economic development and the expansion of quality employment opportunities for the Meridian City Council Meeting Agenda July 17, 2018 – Page 278 of 367 Annual Action Plan 2018 48 OMB Control No: 2506-0117 (exp. 06/30/2018) jurisdiction’s LMI population. The City is currently working on an in-depth socioeconomic profile of the City to help identify the needs of community members as it pertains to Housing, Finances, Food, Education, Health Care, and Transportation. Completing this research will allow us better understand the factors in the community that are contributing factors to those residents who are facing poverty in meridian, as well as help define solutions that could help mitigate those factors. The City’s hope is that this research will provide long-term insights and strategies to help reduce the number of poverty-level families in Meridian. Actions planned to develop institutional structure There are few capacity issues related to institutional structure in Meridian and the surrounding area. However, the City will be making the CDBG Administrator position a full-time position that is fully funded out of the City’s general fund. This institutional change is designed to provide more time to run effectively and efficiently the CDBG program as well as provide flexibility for the position to expand efforts into economic and other areas that can help meet the community development needs of the City. Staff will continue to work to attain relevant and appropriate professional development trainings during the program year to learn and address current and future institutional problems. Discussions will continue about the expansion and opportunities to add new program staff to assist in this community development work. External to the City, the City has been involved in the institutional restructuring of the Ada County CoC as well as the implementation of new HMIS and Coordinated Entry standards for service providers in the County. These activities have dramatically altered the institutional framework of housing and other service providers in the region and has improved the efficiency and transparency of the coordinated work being done to address these needs. The City hopes to identify new institutional structures that can be developed, reformed or changed to better support the needs of those most at risk in the region (e.g. transitional and emergency housing networks). Actions planned to enhance coordination between public and private housing and social service agencies There are few capacity issues related to coordination between public and private organizations in Meridian and the surrounding area. However, the City's partnership and funding relationship with local housing services organizations including NeighborWorks Boise, Jesse Tree, Boise City/Ada County Housing Authority, and Education Foundation of West Ada School District will continue to expand in this program year. In addition, coordination with other organizations like CATCH, Astegos, Boise Rescue Mission, Interfaith Sanctuary, Terry Riley, El-Ada Community Action, Janus, Idaho Office for Refugees, Agency for New Americans, Women’s and Children’s Alliance, and all members associated with the local Meridian City Council Meeting Agenda July 17, 2018 – Page 279 of 367 Annual Action Plan 2018 49 OMB Control No: 2506-0117 (exp. 06/30/2018) Continuum of Care (including private housing developers) will continue to be built upon to improve networks, coordination, and problem solving in the jurisdiction. Meridian's participation in the local continuum of care, housing and homelessness roundtables, and other regional coordination efforts outlines the City's continued action plan for enhancing the networking and coordination between public and private housing and social service agencies. Discussion: Please see above. Meridian City Council Meeting Agenda July 17, 2018 – Page 280 of 367 Annual Action Plan 2018 50 OMB Control No: 2506-0117 (exp. 06/30/2018) Program Specific Requirements AP-90 Program Specific Requirements – 91.220(l)(1,2,4) Introduction: Below is a description of the program requirements for Meridian's CDBG program and its commitment to meet those requirements. Community Development Block Grant Program (CDBG) Reference 24 CFR 91.220(l)(1) Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out. 1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 0 2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan. 0 3. The amount of surplus funds from urban renewal settlements 0 4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan 0 5. The amount of income from float-funded activities 0 Total Program Income: 0 Other CDBG Requirements 1. The amount of urgent need activities 0 2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income.Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan. 53.51% Meridian City Council Meeting Agenda July 17, 2018 – Page 281 of 367 Annual Action Plan 2018 51 OMB Control No: 2506-0117 (exp. 06/30/2018) This City's certification period includes program years 2018, 2019, and 2020. The City commits to meet the 70% LMI benefit requirement of the federal CDBG program over the span of that three year certification period. With that said, during Program Year 2018, the City has allocated 53.51% of its funding to LMI-benefit projects. The City commits to ensure that, in the 2019 and 2020 program years, the City will allocate more than 70% of its funds to LMI-benefit projects in order to meet the requirement for the cumulative certification period. Meridian City Council Meeting Agenda July 17, 2018 – Page 282 of 367 Annual Action Plan 2018 52 OMB Control No: 2506-0117 (exp. 06/30/2018) Meridian City Council Meeting Agenda July 17, 2018 – Page 283 of 367 CDBG Program Year 2018: Public Hearing on 2018 Action Plan Program Year 2018 Action Plan: Funding (up $73,017 from PY17) PY2018 Applications Recommended for Funding: Public Service Projects Boys & Girls Clubs of Ada County Scholarship Program Requested $10,000 Recommended Funding Amount: $13,000 Meridian Food Bank Hunger Relief Program Requested $30,000 Recommended Funding Amount: $30,000 PY2018 Applications Recommended for Funding: Public Service Projects Education Foundation for West Ada School District Housing + High School = Success (Youth Homelessness Program) Requested $10,000 Recommended Funding Amount: $10,000 Jesse Tree of Idaho Emergency Rental Assistance Homelessness Prevention Program Requested $10,000 Recommended Funding Amount: $10,000 PY2018 Applications Recommended for Funding: Public Facilities Projects Meridian Department of Public Works Streetlight Installation along E. Chateau Ave. Requested $100,000 Recommended Funding Amount: $61,178 ($25,000 from PY17) PY2018 Applications Recommended for Funding: Slum & Blight Redevelopment Area Projects Meridian Development Corp. & City of Meridian E. 3rd Street Right of Way Improvements Requested $180,000 Recommended Funding Amount: $180,000 PY2018 Applications Recommended for Funding: Other Projects Meridian Library District ADA Restroom Upgrade Requested $77,970 Recommended Funding Amount: $77,970 Ada County Housing Authority Homebuyer Assistance Program Requested $50,000 Recommended Funding Amount: $30,000 PY2018 Applications Recommended for Funding: Administration + Fair Housing Projects City of Meridian Grant Administration and Fair Housing Activities Available $84,429.60 Recommended Funding Amount: $35,000 PY2018 Action Plan: Back-up Projects Public Works Dept.: Crestwood Subdivision Lighting ($110,000) Public Works Dept.: 12th & State Street Lighting ($125,000) Public Works Dept.: N. Jericho Way Lighting ($100,000) Action Plan Public Review and Approval Timeline June 15th: Public Comment Period Opens July 10th: Presentation by Proposed Subrecipients July 17th: Public Hearing on PY2018 Action Plan July 24th: Public Comment Period Closes; Council Approves PY2018 Action Plan Early August: PY2018 Action Plan Submitted to HUD Public Comments Received Public Hearing Hearing Date: 7/17/2018 Hearing Type: Council Item Number: 8-B Project Name: Program Year 2018 Community Development Block Grant Annual Action Plan Project Number: CDBG Annual Action Plan Signature Name For Against Neutral I Wish To TestifySign In Date/Time City Council Meeting Meeting Date: July 17, 2018 Agenda Item Number: 8C Project/File Number: Item Title: Public Hearing for Parks and Recreation Proposed Updated Sports Fees 1. Resolution No. 18-2088 : A Resolution Adopting Fee Schedule Of The Meridian Parks And Recreation Department; Authorizing The Meridian Parks And Recreation Department To Collect Such Fees; And Providing An Effective Date. Meetina Notes u✓ APPROVED Hearing Date: 7/17/2018 Hearing Type: Council Item Number: 8-C Project Name: A Resolution Adopting Fee Schedule Of The Meridian Parks And Recreation Department; Authorizing The Meridian Parks And Recreation Department To Collect Such Fees; And Providing An Effective Date. Project Number: Resolution No. 18-2088 Signature Name For Against CITY OF MERIDIAN RESOLUTION NO. 18 2—On BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS A RESOLUTION ADOPTING FEE SCHEDULE OF THE MERIDIAN PARKS AND RECREATION DEPARTMENT; AUTHORIZING THE MERIDIAN PARKS AND RECREATION DEPARTMENT TO COLLECT SUCH FEES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, following publication of notice according to the requirements of Idaho Code section 63-1311A on June 29 and July 6, the City Council of Meridian held a hearing on the adoption of the proposed Fee Schedule of the Meridian Parks and Recreation Department, as set forth in Exhibit,4 hereto; and WHEREAS, following such hearing, the City Council, by formal motion, did approve said proposed Fee Schedule of the Meridian Parks and Recreation Department; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the Fee Schedule of the Meridian Parks and Recreation Department, as set forth in Exhibit A hereto, is hereby adopted. Section 2. That the Meridian Parks and Recreation Department is hereby authorized to implement and carry out the collection of said fees. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 10th day of July 2018. APPROVED by the Mayor of the City of Meridian, Idaho, this 10th day of July 2018. ATTEST: C.Jay Cbes, City Uerk Emmy d eerd, Mayor �Qo TED AUG S WE C>� IIIDIAN - IDAHO SEAL ADOPTION OF FEE SCHEDULE OF MERIDIAN PARKS & RECREATION DEPARTMENT PAGE I OF 1 Exhibit A Meridian City Council Meeting Agenda July 17, 2018 – Page 286 of 367 ADOPTION OF FEE SCHEDULE OF MERIDIAN PARKS & RECREATION DEPARTMENT PAGE 1 OF 1 Exhibit A Sports Fees Current Proposed Spring Adult Softball ASA USA Softball Fee $27.50 $32.00 Fall Adult Softball ASA USA Softball Fee $12.00 $18.00 Fall Slowpitch Softball $235.85 $245.28 Fall Volleyball $179.25 $193.40 Meridian City Council Meeting Agenda July 17, 2018 – Page 287 of 367 City Council Meeting Meeting Date: July 17, 2018 Agenda Item Number: 8D Project/File Number: Item Title: Final Plat for Bainbridge Hess Subdivision No. 2 (H-2018-0058) by Dallas Hess, Inc. Located % Mile South of W. Chinden Blvd. and East of N. Black Cat Rd. Meetina Notes U✓ APPROVED Bainbridge Hess Subdivision No. 2 – FP H-2018-0058 1 STAFF REPORT MEETING DATE: July 17, 2018 TO: Mayor and City Council FROM: Sonya Allen, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Bainbridge Hess Subdivision No. 2 – FP (H-2018-0058) I. APPLICATION SUMMARY The applicant, Dallas Hess, Inc., has applied for final plat (FP) approval of 49 single-family residential building lots and 8 common lots on 13.05 acres of land in the R-8 zoning district for the second phase of Bainbridge Hess Subdivision. II. STAFF RECOMMENDATION Staff recommends approval of the Bainbridge Hess Subdivision No. 2 final plat subject to the conditions noted in Sections VI and VII below. These conditions shall be considered in full, unless expressly modified or deleted by motion of the City Council. III. PROPOSED MOTION Approval I move to approve File Number H-2018-0058 as presented in the staff report for the hearing date of July 17, 2018, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number H-2018-0058, as presented during the hearing on July 17, 2018, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2018-0058 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The subject property is located approximately ¼ mile south of W. Chinden Blvd. and east of N. Black Cat Rd., in a portion of the west ½ of the northwest ¼ of Section 27, T. 3N., R. 1W. B. Applicant: Dallas Hess, Inc. 6948 Spurwing Way Meridian, Idaho 83642 C. Owner: Same as Applicant Meridian City Council Meeting Agenda July 17, 2018 – Page 289 of 367 Bainbridge Hess Subdivision No. 2 – FP H-2018-0058 2 D. Representative: Kameron Nauahi, Brighton Development 12601 W. Explorer Drive, Ste. 200 Boise, Idaho 83713 V. STAFF ANALYSIS The proposed final plat depicts 49 building lots and 8 common lots on 13.05 acres of land in the R-8 zoning district. The minimum property size in this phase is 6,887 square feet (s.f.) with an average size of 8,377 s.f. This property was included in the preliminary plat for Bainbridge Subdivision (PP -13-001) and is actually the 11th phase of development of Bainbridge Subdivision (including Bainbridge Park and Bainbridge Hess #1 subdivision final plats). Because it’s under different ownership, the developer is phasing it in separately under the name Bainbridge Hess Subdivision. Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat (PP-13-011) as required by UDC 11-6B-3D.2. There are 4 additional building lots than shown on the approved preliminary plat for this phase; the amount of qualified open space is the same although there is an additional 22,225 square feet (or 0.51 of an acre) of common area provided with this phase that wasn’t included on the preliminary plat. Because the total number of overall building lots (i.e. 464) shown on final plat applications to date has not yet exceeded the total amount approved with the preliminary plat (i.e. 552), Staff deems the proposed final plat in substantial compliance with the approved preliminary plat as required. However, at the point more building lots are proposed than were approved with the preliminary plat, lots will either need to be decreased in accord with that approved or, a new preliminary plat for the remaining area will be required; additional common open space should also be added to equal that required to be provided with the preliminary plat (i.e. 31.66 acres or 16.55%). Note: Because the number of building lots increased and the area of qualified open space decreased on previous final plat phases, the applicant was required to submit an updated conceptual plat with the 6th phase of development depicting what’s already been platted and planned to be platted in future phases to ensure overall substantial compliance with the approved preliminary plat in accord with UDC 11-6B-3C (see Exhibit E). The concept plan depicts a total of 571 building lots (including the 9 lots in the Trilogy preliminary plat), which leaves 10 lots that are over the amount included in the preliminary plat. These extra lots are the result of reductions in the width of lots based on market adjustments. The applicant states they will apply for a new preliminary plat that will include the extra lots as they get closer to Ten Mile Road and the LDS Church site. VI. SITE SPECIFIC CONDITIONS 1. Applicant shall meet all terms of the approved annexation [AZ-05-058, Development Agreement #106141058 (Keego Springs Subdivision)] and preliminary plat (PP-13-011) applications approved for this site. 2. The applicant shall obtain the City Engineer’s signature on the final plat within two years of the City Engineer’s signature on the previous phase final plat in accord with UDC 11-6B-7. 3. Prior to submittal for the City Engineer’s signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by KM Engineering, stamped on 5/15/18 by Aaron L. Ballard, shall be revised as follows: Meridian City Council Meeting Agenda July 17, 2018 – Page 290 of 367 Bainbridge Hess Subdivision No. 2 – FP H-2018-0058 3 a. Note #14: Include the recorded instrument number. b. Coordinate with the entity having jurisdiction over the existing 15-inch diameter gravity, and 6-inch diameter pressurized irrigation pipes along the east side of Lots 4-12, Block 6 to determine the width of the easement needed for these facilities and depict such on the plat. Also, include in a note the name of the entity having jurisdiction over the easement. c. Irrigation easements wider than 10 feet are required to be included in a common lot that is a minimum of 20-feet wide and outside of a fenced area, unless otherwise modified by City Council at a public hearing with notice to surrounding property owners, as set forth in UDC 11-3A-6D. This applies to the easement noted above in condition #4.b. If Council grants a waiver, a letter from the easement holder needs to be submitted consenting to the easement being located within building lots, rather than a common lot. 5. The landscape plan prepared by KM Engineering, dated 5/15/18, shall be revised as follows: b. Fencing is required to be constructed by the developer abutting pathways and common open space lots to distinguish common from private areas per the standards list ed in UDC 11-3A-7A.7; include fencing details. 6. The common driveways shall be paved with a surface with the capability of supporting fire vehicles and equipment; and shall be straight or provide a 28’ inside and 48’ outside turning radius of per UDC 11-6C-3D.4. 7. A perpetual ingress/egress easement for the common driveway shall be filed with the Ada County Recorder, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment per UDC 11-6C-3D.8. 8. All fencing installed on the site must be consistent with the standards listed in UDC 11-3A-7. If permanent fencing does not exist at the subdivision boundary, temporary construction fencing to contain debris shall be installed around this phase prior to release of building permits. 9. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. 10. Prior to the issuance of any new building permit, the property shall be sub divided in accordance with the UDC. VII. GENERAL REQUIREMENTS 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. 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. Meridian City Council Meeting Agenda July 17, 2018 – Page 291 of 367 Bainbridge Hess Subdivision No. 2 – FP H-2018-0058 4 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 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. Meridian City Council Meeting Agenda July 17, 2018 – Page 292 of 367 Bainbridge Hess Subdivision No. 2 – FP H-2018-0058 5 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. 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. V. EXHIIBITS A. Vicinity Map B. Preliminary Plat (dated: 6/30/14) C. Proposed Final Plat (dated: 5/15/18) D. Proposed Landscape Plan (dated: 5/15/18) E. Updated Development Plan with Qualified Open Space Exhibit (dated: 8/15/17) F. Common Driveway Exhibit Meridian City Council Meeting Agenda July 17, 2018 – Page 293 of 367 Bainbridge Hess Subdivision No. 2 – FP H-2018-0058 6 Meridian City Council Meeting Agenda July 17, 2018 – Page 294 of 367 Bainbridge Hess Subdivision No. 2 – FP H-2018-0058 7 Exhibit A – Vicinity Map Meridian City Council Meeting Agenda July 17, 2018 – Page 295 of 367 Bainbridge Hess Subdivision No. 2 – FP H-2018-0058 8 Exhibit B – Preliminary Plat (dated: 6/30/14) Meridian City Council Meeting Agenda July 17, 2018 – Page 296 of 367 Bainbridge Hess Subdivision No. 2 – FP H-2018-0058 9 Exhibit C – Proposed Final Plat (dated: 5/15/18) Meridian City Council Meeting Agenda July 17, 2018 – Page 297 of 367 Bainbridge Hess Subdivision No. 2 – FP H-2018-0058 10 Meridian City Council Meeting Agenda July 17, 2018 – Page 298 of 367 Bainbridge Hess Subdivision No. 2 – FP H-2018-0058 11 Exhibit D – Proposed Landscape Plan (dated: 5/15/18) Meridian City Council Meeting Agenda July 17, 2018 – Page 299 of 367 Bainbridge Hess Subdivision No. 2 – FP H-2018-0058 12 Exhibit E: Updated Development Plan with Updated Qualified Open Space Exhibit (dated: 5/3/18) Note: Single-family lot count includes 9 lots that were included in the preliminary plat for Trilogy Subdivision that were obtained by this developer that were not within the boundary of the subject preliminary plat. Meridian City Council Meeting Agenda July 17, 2018 – Page 300 of 367 Bainbridge Hess Subdivision No. 2 – FP H-2018-0058 13 Exhibit F: Common Driveway Exhibit Meridian City Council Meeting Agenda July 17, 2018 – Page 301 of 367 City Council Meeting Meeting Date: July 17, 2018 Agenda Item Number: 8E Project/File Number: H-2018-0065 Item Title: Baraya Apartments Subdivision Final Plat for Baraya Apartments Subdivision (H-2018-0065) by Schultz Development Located Near the SW Corner of S. Ten Mile Rd. and W. Franklin Rd. Meeting Notes 9 APPROVED Baraya Apartments Subdivision – FP H-2018-0065 1 STAFF REPORT MEETING DATE: July 17, 2018 TO: Mayor and City Council FROM: Josh Beach, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Baraya Apartments Subdivision – FP (H-2018-0065) I. APPLICATION SUMMARY The applicant, Schultz Development, LLC, has applied for final plat (FP) approval of 13 multi-family building lots and 3 common lots on 12.59 acres of land in the R-40 zoning district for Baraya Apartments Subdivision. II. STAFF RECOMMENDATION Staff recommends approval of the Baraya Apartments Subdivision final plat subject to the conditions noted in Sections VI and VII below. These conditions shall be considered in full, unless expressly modified or deleted by motion of the City Council. III. PROPOSED MOTION Approval I move to approve File Number H-2018-0065 as presented in the staff report for the hearing date of July 17, 2018, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number H-2018-0065, as presented during the hearing on July 17, 2018, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2018-0065 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 generally located near the southwest corner of W. Franklin Road and N. Ten Mile Road, in the northeast ¼ of Section 15, Township 3 North, Range 1 West. (Parcel #: S1215120850) Meridian City Council Meeting Agenda July 17, 2018 – Page 303 of 367 Baraya Apartments Subdivision – FP H-2018-0065 2 B. Applicant/Representative(s): Schultz Development P.O. Box 1115 Meridian, ID 83680 C. Owner: Lets Golf, LLC 16130 N. Elder St. Nampa, ID 83687 D. Applicant’s Statement/Justification: Please see applicant’s narrative for this information. V. STAFF ANALYSIS The proposed final plat depicts 13 building lots and 3 common lots on 12.59 acres of land in the R-40 zoning district. The minimum property size in this phase is 15,080 square feet (s.f.) with an average size of 33,039 s.f. The street landscape buffers along Franklin and Umbria Hills shall be constructed with the subdivision improvements. The remainder of the site landscaping and amenities will be reviewed and approved with subsequent certificate of zoning compliance and design review applications(s). Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat (H-2018-0003) as required by UDC 11-6B-3D.2. The number of building lots is the same as was approved in the preliminary plat; the amount of qualified open space is the same (2.97 acres or 23.6%) of common area is provided. VI. SITE SPECIFIC CONDITIONS 1. Applicant shall meet all terms of the approved annexation and preliminary plat (H-2018-0003) applications and development agreement (DA Inst. # 107123289) approved for this site. 2. The applicant shall obtain the City Engineer’s signature on the final plat within two years of the City Engineer’s signature (9/26/18) on the previous phase final plat in accord with UDC 11-6B-7. 3. Prior to submittal for the City Engineer’s signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by Bailey Engineering, stamped on 6/13/18 by Gregory G. Carter, shall be revised as follows: a. Note #7: Include the recorded instrument number. b. Note #8: Include the recorded instrument number. c. Note #9: Include the recorded instrument number. d. Note #10: Include the recorded instrument number. e. Note #11: Include the recorded instrument number. f. Note #12: Include the recorded instrument number. g. Note #14: Include the recorded instrument number. h. Note #15: Include the recorded instrument number. i. Note #16: Include the recorded instrument number and include that the easement is for shared parking for the entire development. Meridian City Council Meeting Agenda July 17, 2018 – Page 304 of 367 Baraya Apartments Subdivision – FP H-2018-0065 3 j. Note #17: Include the recorded instrument number. k. The landscape buffer along the east side of N. Umbria Hills Ave. shall be placed in a common lot in accord with UDC 11-3B-7C(2)(a). 5. The landscape plan prepared by Breckon Land Design, dated 5/5/18, is approved as shown. 6. All fencing installed on the site must be consistent with the standards listed in UDC 11-3A-7. If permanent fencing does not exist at the subdivision boundary, temporary construction fencing to contain debris shall be installed around this phase prior to release of building permits. 7. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. 8. Prior to the issuance of any new building permit, the property shall be subdivided in accordance with the UDC. 9. The applicant will be held to a maximum of 200 units until such time as a secondary access is constructed. 10. 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. NOTE: A CZC application may include one or more multi-family units on a lot/parcel. 11. Prior to signature of the final plat by the City Engineer, the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Sue Prescott, at 887-1620 for more information. 12. The water mainline in N. Umbria Hills is required to be continued as a 12-inch diameter. VII. GENERAL REQUIREMENTS 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. 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. Meridian City Council Meeting Agenda July 17, 2018 – Page 305 of 367 Baraya Apartments Subdivision – FP H-2018-0065 4 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 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. Meridian City Council Meeting Agenda July 17, 2018 – Page 306 of 367 Baraya Apartments Subdivision – FP H-2018-0065 5 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. 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. VIII. EXHIBITS A. Vicinity Map B. Preliminary Plat (dated: 1/4/2018) C. Proposed Final Plat (dated: 6/13/2018) D. Proposed Landscape Plan (dated: 5/5/2018) Meridian City Council Meeting Agenda July 17, 2018 – Page 307 of 367 Baraya Apartments Subdivision – FP H-2018-0065 6 Meridian City Council Meeting Agenda July 17, 2018 – Page 308 of 367 Baraya Apartments Subdivision – FP H-2018-0065 7 Exhibit A – Vicinity Map Meridian City Council Meeting Agenda July 17, 2018 – Page 309 of 367 Baraya Apartments Subdivision – FP H-2018-0065 8 Exhibit B – Preliminary Plat (dated: 1/4/2018) Meridian City Council Meeting Agenda July 17, 2018 – Page 310 of 367 Baraya Apartments Subdivision – FP H-2018-0065 9 Exhibit C – Proposed Final Plat (dated: 6/13/18) Meridian City Council Meeting Agenda July 17, 2018 – Page 311 of 367 Baraya Apartments Subdivision – FP H-2018-0065 10 Exhibit D – Proposed Landscape Plan (dated: 5/5/18) Meridian City Council Meeting Agenda July 17, 2018 – Page 312 of 367 City Council Meeting Meeting Date: July 17, 2018 Agenda Item Number: 8F Project/File Number: H-2018-0062 Item Title: East Ridge Estates Subdivision No. 1 Final Plat for East Ridge Estates Subdivision No. 1 (H-2018-0062) by DevCo, LLC Located North of E. Lake Hazel Rd. and West of S. Eagle Rd. Meetina Notes u APPROVED East Ridge Estates No. 1 FP H-2018-0062 1 STAFF REPORT MEETING DATE: July 17, 2018 TO: Mayor and City Council FROM: Josh Beach, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: East Ridge Estates Subdivision No. 1 – FP H-2018-0062 I. APPLICATION SUMMARY The applicant, DevCo, LLC, has applied for a final plat (FP) consisting of 41 single-family residential building lots and 6 common area lots on 22.86 acres of land in the R-4 zoning district for the first phase of East Ridge Estates Subdivision. II. STAFF RECOMMENDATION Staff recommends approval of the East Ridge Estates Subdivision No. 1 final plat subject to the conditions noted in Sections VI and VII below. These conditions shall be considered in full, unless expressly modified or deleted by motion of the City Council. III. PROPOSED MOTION Approval I move to approve File Number H-2018-0062 as presented in the staff report for the hearing date of July 17, 2018, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number H-2018-0062, as presented during the hearing on July 17, 2018, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2018-0062 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 north of E. Lake Hazel Road, west of S. Eagle Road, in the southeast ¼ of Section 32, Township 3N., Range 1E. B. Owners: Brace Family Revocable Trust 1504 S. Newport Street Boise, ID 83709 C. Applicant: DevCo, LLC 4824 W. Fairview Ave. Boise, ID 83709 Meridian City Council Meeting Agenda July 17, 2018 – Page 314 of 367 East Ridge Estates No. 1 FP H-2018-0062 2 D. Representative: Conger Management Group 4824 W. Fairview Boise, ID 83709 E. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. STAFF ANALYSIS The proposed final plat depicts 41 single-family residential detached building lots and 6 common lots on 22.86 acres of land. The gross density of the proposed plat is 1.68 dwelling units (d.u.) per acre with a net density of 2.30 d.u. per acre. The applicant is proposing 2.36 acres of common area in this phase consisting of street buffers, parkways and passive open space. Staff has reviewed the proposed final plat for substantial compliance with the proposed preliminary plat (H-2017-0129) and found the proposed final plat to be in compliance with the preliminary plat. The number of buildable lots is the same; however the applicant has added one additional common lot (Lot 10, Block 2). The open space for the development stayed roughly the same, so staff deems the final plat to be in substantial compliance with the preliminary plat as required by UDC11-6B-3C.2. VI. SITE SPECIFIC CONDITIONS 1. Applicant shall meet all terms of the approved annexation and preliminary plat (H-2017-0129) applications approved for this site and the approved development agreement (2018-052339). 2. The applicant shall obtain the City Engineer’s signature on the final plat by December 12, 2019, in accord with UDC 11-6B-7 in order for the preliminary plat to remain valid or a time extension may be requested. 3. Prior to submittal for the City Engineer’s signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. Prior to signature on the final plat, the applicant shall provide a letter from Nampa Meridian Irrigation District indicating that the property does not have water rights. 5. The final plat prepared by Sawtooth Land Surveying, LLC., stamped on 5/1/2018 by Carl Porter, shall be revised as follows: a. Note #10: Include the recorded instrument number for the ACHD easement. b. Note #12: Include the recorded instrument number for the City of Meridian Development Agreement. c. Note #14: Add language that Lot 19, Block 2 is prohibited from taking access the private street. d. Add a note on the final that direct lot access to Lake Hazel is prohibited. e. The irrigation easement proposed along the rear lot lines of Lots 5-11, Block 1 shall either be located in a common lot, or the applicant can ask for Council waiver if desired. f. Eliminate Plat note #7 as it is not applicable. This subdivision does not have pressurized irrigation. g. Modify plat note #1 where it references pressurized irrigation easements. This subdivision does not have pressurized irrigation. 6. The landscape plan prepared by Jensen Belts Associates dated 5/2/2018, shall be revised as follows: Meridian City Council Meeting Agenda July 17, 2018 – Page 315 of 367 East Ridge Estates No. 1 FP H-2018-0062 3 a. The buffer width along E. Lake Hazel Road shall be measured from the back of curb per UDC 11-3B-7C.1a(2); or, the ultimate curb location as determined by ACHD if future road widening is anticipated; revise accordingly. b. Prior to signature on the final plat, the applicant shall provide details of the proposed spicnic shelter. 7. All fencing installed on the site shall be consistent with the standards listed in UDC 11-3A-7. If permanent fencing does not exist at the subdivision boundary, temporary construction fencing to contain debris shall be installed around this phase prior to release of building permits. 8. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. 9. Future homes constructed in this phase shall be consistent with the approved elevations and design guidelines contained in the development agreement for East Ridge Estates Subdivision. 10. Prior to the issuance of any new building permit, the property shall be subdivided in accordance with the UDC. 11. The applicant shall comply with the submitted home elevations attached in Exhibit A.4. The rear and/or side of structures that face arterial or collector streets (Lots 2-5 of Block 1), 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. 12. Prior to the City Engineer’s signature, the applicant shall obtain approval from the Post Master of the proposed mailbox location(s). 13. Prior to signature on the final plat, the applicant shall submit an application and receive approval for a private street. 14. Streetlights are required to be on a separate drawing pursuant to section 6-7 of the Meridian Design Standards. Type 2 streetlights internal to the subdivision shall have a maxi mum spacing of 260' pursuant to drawing 6c of the Meridian Design standards. Additional streetlight shall be provided to meet this requirement. Type 1 streetlights on Lake Hazel Road shall have a maximum spacing of 220' pursuant to drawing 6c of the Meridian Design standards. Additional streetlight shall be provided to meet this requirement. 15. Due to the lot sizes and the potential for homes be exceed 3,600 square feet, and the fact that a waiver has been granted for installation of a pressurized irrigation system serving the lots, each lot must be served by a separate 1-inch water service. 16. At the west end of Brace Drive, provide a fire hydrant on north or south side of street and provide valve and blind flange west of hydrant T rather than a blow-off. This is to allow Water Operations to more efficiently mitigate water quality concerns in this area. VII. GENERAL REQUIREMENTS 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and ex ecute 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 Meridian City Council Meeting Agenda July 17, 2018 – Page 316 of 367 East Ridge Estates No. 1 FP H-2018-0062 4 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 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. Meridian City Council Meeting Agenda July 17, 2018 – Page 317 of 367 East Ridge Estates No. 1 FP H-2018-0062 5 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 d istrict 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. 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. Meridian City Council Meeting Agenda July 17, 2018 – Page 318 of 367 East Ridge Estates No. 1 FP H-2018-0062 6 VIII. EXHIBITS A. Vicinity/Zoning Map B. Preliminary Plat (dated: 8/30/2017) C. Proposed Final Plat (dated: 5/1/2018) D. Proposed Landscape Plan (dated: 5/2/2018) Meridian City Council Meeting Agenda July 17, 2018 – Page 319 of 367 East Ridge Estates No. 1 FP H-2018-0062 7 Exhibit A – Vicinity/Zoning Map Meridian City Council Meeting Agenda July 17, 2018 – Page 320 of 367 East Ridge Estates No. 1 FP H-2018-0062 8 Exhibit B – Preliminary Plat (dated: 8/30/2017) Meridian City Council Meeting Agenda July 17, 2018 – Page 321 of 367 East Ridge Estates No. 1 FP H-2018-0062 9 Exhibit C – Proposed Final Plat (dated: 5/1/2018) Meridian City Council Meeting Agenda July 17, 2018 – Page 322 of 367 East Ridge Estates No. 1 FP H-2018-0062 10 Exhibit D – Proposed Landscape Plan (dated: 5/2/18) Meridian City Council Meeting Agenda July 17, 2018 – Page 323 of 367 East Ridge Estates No. 1 FP H-2018-0062 11 Meridian City Council Meeting Agenda July 17, 2018 – Page 324 of 367 East Ridge Estates No. 1 FP H-2018-0062 12 Meridian City Council Meeting Agenda July 17, 2018 – Page 325 of 367 City Council Meeting July 17, 2018 Item #8D: Bainbridge Hess No. 2 – Final Plat Item #8E: Baraya Apartments – Final Plat Item #8F East Ridge Estates No. 1 – Final Plat Item #8H: Timber Creek Recycling – Development Agreement Modification Vicinity/Zoning Map Concept Plan Changes to Agenda: Note: The Applicants for the following final plats submitted a response in agreement to the staff report too late to be placed on the consent agenda: • Item #8D: Bainbridge Hess Sub. 2 (H-2018-0058) • Item #8E: Baraya Apartments Sub. (H-2018-0065) Item #8G: Costco — MDA (H-2018.0066) — Request for continuance to July 2411 due to the site not being posted with a public hearing notice sign in the required timeframe. Item #8D: Bainbridge Hess Sub. 2 - FP (H-2018.0058) Application(s): ➢ Final Plat Size of property, existing zoning, and location: This site consists of 13.05 acres of land, zoned R-8, located approximately'/4 mile south of W. Chinden Blvd. and east of N. Black Cat Rd. History: This property was annexed in 2005 and included in the subdivision plat for Keego Springs Subdivision; a new preliminary plat was approved in 2013 that included this property. Summary of Request: The proposed final plat depicts 49 building lots & 8 common lots on 13.05 acres of land in the R-8 zoning district. The minimum property size in this phase is 6,887 square feet (s.f.) with an average size of 8,377 s.f. The proposed final plat is in substantial conformance with the approved preliminary plat as required. Staff Recommendation: Approval w/conditions Written Testimony: Kameron Nauahi, Brighton Corp. — In agreement w/staff report Notes Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2018-0058, as presented in the staff report for the hearing date of July 17, 2018: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2018-0058, as presented during the hearing on July 17, 2018, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2018-0058 to the hearing date of July 17, 2018 for the following reason(s): (You should state specific reason(s) for continuance.) Item #8E: Baraya Apartments Subdivision - FP (H-2018.0065) Application(s): ➢ Final Plat Size of property, existing zoning, and location: This site consists of 12.59 acres of land, zoned R-40, located near the SWC of W. Franklin Rd, and N. Ten Mile Rd. History: This property was annexed and included in the preliminary plat for Baraya Subdivision in 2006; a new preliminary plat was approved this year. Summary of Request: The proposed final plat depicts 13 building lots and 3 common lots on 12.59 acres of land in the R-40 zoning district. The minimum property size in this phase is 15,080 square feet (s.f.) with an average size of 33,039 s.f. The proposed final plat is in substantial conformance with the approved preliminary plat as required. Staff Recommendation: Approval Written Testimony: Matt Schultz, Applicant's Representative — In agreement w/staff report Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2018-0065, as presented in the staff report for the hearing date of July 17, 2018: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2018-0065, as presented during the hearing on July 17, 2018, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2018-0065 to the hearing date of July 17, 2018 for the following reason(s): (You should state specific reason(s) for continuance.) Item #8F: East Ridge Estates Sub. 1 - FP (H-2018-0062) Application(s): ➢ Final Plat Size of property, existing zoning, and location: This site consists of 22.86 acres of land, zoned R-4, located north of E. Lake Hazel Rd. and west of S. Eagle Rd. History: This property was annexed and included in the preliminary plat for East Ridge Estates Sub in 2017. Summary of Request: The proposed final plat depicts 41 single-family residential detached building lots and 6 common lots on 22.86 acres of land. The gross density of the proposed plat is 1.68 dwelling units (d.u.) per acre with a net density of 2.30 d.u. per acre. The applicant is proposing 2.36 acres of common area in this phase consisting of street buffers, parkways and passive open space. The proposed final plat is in substantial compliance with the approved preliminary plat. Staff Recommendation: Approval w/conditions Written Testimony: Laren Bailey — in agreement except for condition #5e which requires the irrigation easement along the rear lot lines of Lots 5-11, Block 1 to be located in a common lot unless otherwise waived by the Council. Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2018-0062, as presented in the staff report for the hearing date of July 17, 2018: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2018-0062, as presented during the hearing on July 17, 2018, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2018-0062 to the hearing date of July 17, 2018 for the following reason(s): (You should state specific reason(s) for continuance.) Item #8H: Timber Creek Recycling - MDA (H-2018-0042) Application(s): Development Agreement Modification Size of property, existing zoning, and location: This site consists of 156.5 acres of land, zoned R-4, located at 7695 S. Locust Grove Rd. at the NWC of S. Locust Grove Rd. & E. Columbia Rd. History: This property was annexed in 2015 as part of the South Meridian annexation application. A DA was required as a provision of annexation. At the time of annexation, the Applicant was operating a recycling business on this site in Ada County; the existing use was allowed to continue with annexation into the City under the terms described in the DA — no change in the uses specified in the DA are allowed without modification of the agreement. Comprehensive Plan FLUM Designation: Mostly LDR with a small portion MDR Summary of Request: The Applicant proposes to amend the DA for the subject property to add a commercial composting component and retail sales to their existing recycling operation, which primarily consists of wood products (see proposed amendments to DA in Exhibit A.3 of the staff report). A concept plan was submitted, which depicts the layout of the site and location of specific proposed operations. Currently, materials such as wood, grass, leaves, sheetrock & other material received from the Ada County Landfill and miscellaneous contractors are recycled and used on their farm & sold wholesale. There are no established hours of operation for the current business. Additional materials proposed to be composted consist of food and garden waste. Activities associated with the proposed use consist of grinding, screening, windrowing, bagging, use of tarps for covering and storage of material, and delivery trucks parked on the site. (Note: The Applicant has removed crushing of asphalt and concrete; and recycling of demolition debris and biosolids from his application request.) The use of equipment such as air compressors, generators, loaders, water trucks, graders, tractors with implements, fork lifts and other heavy equipment is proposed to conduct the recycling activities. A 45'x 15'+/- scale house, 20' x 8'+l- bathroom with a septic system, 8' x 40'+/- storage shed and weather station are proposed to be erected on the site and leaching ponds and berms are proposed to be constructed. Processed recycled materials such as mulch, compost, bark, playground chips, sand, stone, etc. are proposed to be marketed and sold on the site. The DA currently restricts the daily number of truckload deliveries to the site for different types of materials (i.e. wood — 20; grass — 5; leaves —10; and sheetrock — 5, for a total of 40 truckloads daily; these restrictions are proposed to be removed entirely which would allow for unlimited truck traffic to/from the site for the existing as well as the proposed use. Traffic will increase significantly beyond that generated by the current use with the proposed commercial composting activities resulting from deliveries of materials from consumer trucks, garbage trucks, semi -trailer trucks, and other similar sized trucks. The applicant proposes to operate the composting program between the hours of 7:00 am and 6:00 pm Monday thru Friday and Saturday 8:00 am to 6:00 pm. An area will be designated where the general public can drop off their wood products and pick up recycled products. Citizens of Meridian will be able to pick up free compost if the Applicant is awarded a contract from City of Meridian for the curbside recycling program. The proposed composting facility is planned to operate for a total of 10 years; during the last 5 years, the Applicant intends to conduct an impact study in conjunction with surrounding developers to determine if after the 10 years they need to relocate the recycling and composting activities to another site. Staff Concerns: The current R-4 zoning of the property primarily allows for residential uses & other low impact uses as identified in UDC Table 11-2A-2; industrial uses are prohibited. The Comprehensive Plan FLUM designation for this property is primarily Low Density Residential (LDR) (3 or fewer units per acre) with a small portion designated Medium Density Residential (MDR) (3 to 8 dwelling units per acre). The existing and proposed use is inconsistent with these designations and wouldn't have been allowed to operate in the R-4 zoning district in the City if it hadn't been operating in the County when the City annexed the property and allowed the use to continue under the parameters contained in the DA. Expanding the use to a more intense industrial use is prohibited and should not be allowed through a modification to the DA or through other means. Further, staff would not recommend an amendment to the FLUM as the use is only intended to be an interim use until residential uses develop on the property in the future. An amendment to allow Industrial use of the property would negatively impact existing and future planned and entitled adjacent residential properties. The proposed septic system is not allowed in the City. Staff is concerned that if the proposed industrial use is allowed to expand under a DA amendment, that it would become a liability to the City. An interim gravel mining use was approved a few years ago in south Meridian through a CUP in a residential district where the property abutted residential properties. There were a lot of complaints from neighbors pertaining to noise, dust, structural damage to homes, hours of operation, etc., which had a significant impact on City resources (i.e. Code Enforcement and Planning Division). This resulted in a UDC amendment that now prohibits such uses in residential districts. The primary purpose of zoning is to segregate uses that are incompatible and prevent new development from interfering with existing uses and/or to preserve the "character" of a community. The proposed use would create just that, an incompatible use adjacent to existing and future low density residential properties and impact the rural residential/agricultural character of this area. Therefore, staff recommends denial of the applicant's requested modifications to the DA based on the proposed use being a prohibited use in the R-4 district and not being consistent with the Comprehensive Plan based on the analysis above. Staff Recommendation: Denial based on inconsistency with the Comprehensive Plan & Zoning Ordinance. Written Testimony: Many letters of testimony have been received by the City from nearby residents for and against the proposed business expansion and DA amendment. Please see the public record for more information. A general summary of the testimony includes the following concerns/ comments pertaining to the proposed use: 1) Increase in truck traffic entering/exiting the property and impact on adjacent roads and traffic (suggestion to limit truck traffic to non -commuting hours to reduce traffic conflicts of trucks using two lanes to turn at the Columbia/Locust Grove intersection); 2) Increase in dust generated from the existing and proposed use and mitigation thereof; 3) Increased noise generated from heavy equipment, grinders and trucks and impact on residential neighbors; 3) Size and height of recycling materials piles and potential fire hazard of compost piles; 4) Unpleasant odors generated from decomposition of materials (food and waste) to be recycled and pests (i.e. rodents, birds, skunks, flies, bees, mosquitos, etc) - suggestion to require regular inspections to ensure best practices for recycling/composting are being practiced to reduce issues; 5) Unsightly landscape of the site (i.e. trash, stock piles of materials to be recycled, etc.); 6) Limitation of business hours that the recycling operation is open to the public and that recycling activities occur to reduce impacts of light pollution and noise on neighbors; 7) Require fencing around the perimeter of the site to prevent future conflicts between the business and area residents; 8) Reduced residential property values and a less desirable location with the proposed use; 9) Concern pertaining to water quality (potential for toxins leaching into the water) and water table; increased risk of contamination of surface and groundwater (leachate) from the facility which borders an irrigation canal; 10) Negative impact on quality of life for adjacent residents (excess dust, noise, odor, appearance of site); 11) Support of proposed recycling operation which will reduce trash in landfills and is good for the community and environment; 12) Success of composting program in the City of Boise and benefit for residents; 13) Emission of bioaerosols (airborne particles that contain live organisms or were released from living organisms, may contain bacteria, fungi, viruses, microbial toxins, pollen, plant fibers, etc.) from composting activities which may pose a hazard to susceptible members of the public; 14) Need for improvements to infrastructure to support homes that are currently under development in the area and increased traffic from large commercial trucks from the proposed use; 15) Industrial/commercial use does not belong in residential area that is continuing to grow with families; 16) High winds in this area blowing trash onto adjacent properties; 17) Potential for insects drawn to the proposed use to carry disease to residents, pets and livestock on neighboring properties; and, 18) Potential contamination of soil. Notes: Possible Motions: Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2018-0042, as presented during the hearing on July 17, 2018, for the following reasons: (You should state specific reasons for denial) Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2018-0042, as presented in the staff report for the hearing date of July 17, 2018: (Add any proposed modifications to conditions) Continuance I move to continue File Number H-2018-0042 to the hearing date of July 17, 2018 for the following reason(s): (You should state specific reason(s) for continuance.) City Council Meeting Meeting Date: July 17, 2018 Agenda Item Number: 8G Project/File Number: H-2018-0066 Item Title: Costco Wholesale Public Hearing for Costco Wholesale (H-2018-0066) by Costco Wholesale Located generally at the southwest corner of W. Chinden Blvd./SH-20/26 and N. Ten Mile Rd. 1. Request: Modification to the Development Agreement to include conceptual building elevations Meetina Notes -b IL46-(� )61� �Ue City Council Meeting Meeting Date: July 17, 2018 Agenda Item Number: 8H Project/File Number: H-2018-0042 Item Title: Timber Creek Recycling Public Hearing Continued from June 19, 2018 for Timber Creek Recycling (H-2018-0042) by Michael Murgoitio located at 7965 S. Locust Grove Rd. Request: Amendment to the Development Agreement to include the following : expansion of the existing recycling business to allow a commercial composting component; recycling of additional materials (i.e. food waste, garden waste, demolition debris, and other materials in the same category); utilization of equipment (i.e. loaders, excavators, conveyors, trommels , hopper boxes , air systems/compressors, generators, windrower, crusher, grinder, watering trucks , loaders, graders, tractors with implements, fork lifts and other heavy equipment) and activities (i.e. crushing, grinding , screening, windrowing, unloading/unloading trucks , etc.) necessary for composting; modification of the property to include a weather station, scale house, bathroom with a septic system, storage shed (approximately 40'x 8'), leaching ponds and berms; parking of delivery trucks and heavy equipment; and marketing and sale of processed recycling materials including but not limited to mulch, compost, bark, playground chips, sand, stone, etc. Meeting Notes Hearing Date: 7/17/2018 Hearing Type: Council Item Number: 8-H Project Name: Timbercreek Recycling Project Number: H-2018-0042 Signature Name For Against Neutral I Wish To Testify Sign In Date/Time Joshua Leonard X X 7/13/2018 20:58 Janet Gearhard X X 7/16/2018 22:15 wayne gearhard X X 7/16/2018 22:15 Randy Hopkins X X 7/17/2018 6:40 Vikki Reynolds X X 7/17/2018 7:47 Loyal Gibbons X X 7/17/2018 7:48 Patty Hagler X X 7/17/2018 8:46 Paul Winward X X 7/17/2018 11:11 Ryan X X 7/17/2018 14:48 Troy Allen X X 7/17/2018 16:59 Debbie Allen X X 7/17/2018 17:00 Miller Acres LLC X X 7/17/2018 17:17 Justin Cranney X X 7/17/2018 17:35 Lance Fish X 7/17/2018 17:36 Mike Murgoitio X 7/17/2018 17:36 Toree Murgoitio X 7/17/2018 17:36 John Wakefied X X 7/17/2018 17:38 Susan Karnes X X 7/17/2018 17:40 Mathew Elliott X 7/17/2018 17:45 Orvalmcpeak X 7/17/2018 17:45 Rick Bennett X 7/17/2018 17:45 Debbie Bennett X 7/17/2018 17:46 Rex Landings X 7/17/2018 17:46 Jessica Reel X 7/17/2018 17:46 Cecilia sparks X 7/17/2018 17:49 Gene Sparks X 7/17/2018 17:50 Shelley marshall X 7/17/2018 17:50 Heather Bailey X 7/17/2018 17:51 Ron sater X X 7/17/2018 17:51 Susan Denniston X X 7/17/2018 17:52 Peter Denniston X X 7/17/2018 17:52 Kimberly Matulonis Edgar X X 7/17/2018 17:53 Patty Haglee X X 7/17/2018 17:54 Todd edgar X 7/17/2018 17:54 Bryce Alexander Allen X 7/17/2018 17:54 Rosalie skefich X 7/17/2018 17:55 Brodie whitlock X 7/17/2018 17:55 Sarah Litchfield X 7/17/2018 17:55 Jonathon fewkes X X 7/17/2018 17:55 Charlotte Jean X 7/17/2018 17:55 Parker Allen X 7/17/2018 17:56 Maureen McGraw X 7/17/2018 17:56 Rachel Bath X 7/17/2018 17:56 Sebastien Jean X 7/17/2018 17:56 Terry Tate X 7/17/2018 17:57 Janet and wayne gearhard X X 7/17/2018 17:58 Mark perison X X 7/17/2018 17:58 Chase Gilbertson X 7/17/2018 17:59 Derek Pica X 7/17/2018 18:00 Katie Ayad X 7/17/2018 18:00 Carl Tucker X 7/17/2018 18:01 Jenica Hagler X 7/17/2018 18:04 Rod Nettinga X 7/17/2018 18:04 Carol Menten X 7/17/2018 18:06 Robin connor X 7/17/2018 18:06 Gene Reynolds X 7/17/2018 18:07 Jeffrey Sater X 7/17/2018 18:07 Andrea fonnesbeck X 7/17/2018 18:08 Eric Sater X 7/17/2018 18:09 Diane Sater X 7/17/2018 18:09 Sarah Sater X 7/17/2018 18:10 Buddy morrison X 7/17/2018 18:14 Jessica morrison X 7/17/2018 18:14 Jim Cox X 7/17/2018 18:15 Jeremy Jensen X X 7/17/2018 18:16 Andrea Sater X 7/17/2018 18:21 Murray Hansen X 7/17/2018 18:21 Kris Sperry X 7/17/2018 18:22 Dannette palmer X 7/17/2018 18:23 Terrill smith X X 7/17/2018 18:24 Eric Zweifel X 7/17/2018 18:37 Lance palmer X 7/17/2018 19:25 Tony Headrick X 7/17/2018 19:26 Nan Headrick X 7/17/2018 19:27 Lisa Hawes X 7/17/2018 20:08 Bryan pasternak X 7/17/2018 20:08 Raquel Hansen X 7/17/2018 20:09 Bob vincent X 7/17/2018 20:09 Julie vincent X 7/17/2018 20:09 Mark Sater X 7/17/2018 20:10 Meridian City Council Meeting Agenda July 17, 2018 – Page 328 of 367 Meridian City Council Meeting Agenda July 17, 2018 – Page 329 of 367 Meridian City Council Meeting Agenda July 17, 2018 – Page 330 of 367 Meridian City Council Meeting Agenda July 17, 2018 – Page 331 of 367 Meridian City Council Meeting Agenda July 17, 2018 – Page 332 of 367 Meridian City Council Meeting Agenda July 17, 2018 – Page 333 of 367 Meridian City Council Meeting Agenda July 17, 2018 – Page 334 of 367 Meridian City Council Meeting Agenda July 17, 2018 – Page 335 of 367 Meridian City Council Meeting Agenda July 17, 2018 – Page 336 of 367 Meridian City Council Meeting Agenda July 17, 2018 – Page 337 of 367 Meridian City Council Meeting Agenda July 17, 2018 – Page 338 of 367 Meridian City Council Meeting Agenda July 17, 2018 – Page 339 of 367 Meridian City Council Meeting Agenda July 17, 2018 – Page 340 of 367 Meridian City Council Meeting Agenda July 17, 2018 – Page 341 of 367 Meridian City Council Meeting Agenda July 17, 2018 – Page 342 of 367 Meridian City Council Meeting Agenda July 17, 2018 – Page 343 of 367 Meridian City Council Meeting Agenda July 17, 2018 – Page 344 of 367 Meridian City Council Meeting Agenda July 17, 2018 – Page 345 of 367 Meridian City Council Meeting Agenda July 17, 2018 – Page 346 of 367 Meridian City Council Meeting Agenda July 17, 2018 – Page 347 of 367 Meridian City Council Meeting Agenda July 17, 2018 – Page 348 of 367 Meridian City Council Meeting Agenda July 17, 2018 – Page 349 of 367 Meridian City Council Meeting Agenda July 17, 2018 – Page 350 of 367 Meridian City Council Meeting Agenda July 17, 2018 – Page 351 of 367 Meridian City Council Meeting Agenda July 17, 2018 – Page 352 of 367 Meridian City Council Meeting Agenda July 17, 2018 – Page 353 of 367 Meridian City Council Meeting Agenda July 17, 2018 – Page 354 of 367 Neighbor Concerns AIR QUALITY Waters stem - Inbound Roads - Sprinklers Water Tuck On -Site Bioaerosol Generation - BioC cle NOISE Decibel Reader -impact Stud Muffler on Grinder Landscape Plan FIRE Letter of Compliance with Meridian Fire Department Pile Sizes GROUND WATER Engineered Site Plan DEQ Approval - Letter ODOR Example of Odor Management Plan DEQ plaque - polution prevention champion HOME PRICE Landscape Plan/ Berm Hours of Operation 7am-6 m M -F / 8am-6 m Sat. TRAFFIC Traffic on/off site of our material - Site Traffic Lo INSECTS Insects will be on the farm will be contained with fogger of insecticide if needed(process needs to be vented by DEQ d � Ina rp O fm+ O Ina rp O fm+ O CL � n O� rt ri i to or L soot z m m link 1 10 a m P+ so LUF C) 0 334656(Mlb,, expocted volume i i r X1 ^ 8 IA A26 • = M • N .. r N 4 Ul0 o �o A � � � v � 00 M0 ter O 4 i folk !WT• D-d14 r• N. 0 O O ,c } f - O K O O N• r� V■ ' O rM BIOAEROSOL GENERATION AT LARGE-SCALE BioCycle September 2005, Vol. 46, No. 9, p. 50 Study identifies factors influencing bioaerosol generation and dispersion — useful data for establishing a safety boundary around composting plants and making modifications to operational procedures to reduce environmental impact. Miguel A. Sanchez-Monedero, Edward I. Stentiford and Sari T. Urpilainen NORMAL operations taking place at composting plants can be the source of potential environmental impacts related to odors, bioaerosols, noise and dust. The release of microorganisms in the form of bioaerosols has been a focus of study for many years as far as the potential health impacts are concerned. This is not only for the workers at the plant but also for local residents as a result of the inhalation of these bioaerosols. Bioaerosols generated at composting plants are mainly airborne microorganisms and microbial constituents, which are released from the processes where the vigorous movement of material is involved, mainly during fresh waste delivery, shredding, compost pile turning and compost screening. (Millner et al. 1994) prepared an excellent state of the art summary on bioaerosols generated at composting facilities and their potential effects. Their work focused on the impact of airborne Aspergillus fumigatus spores on human health that included: invasive aspergillosis, allergenic bronchopulmonary aspergillosis, acute allergic alveolitis, asthma induced by aspergillosis, aspergillus sinusitis and different allergies. The release of bioaerosols is particularly relevant for composting plants operating in the open as the bioaerosols are released directly into the surrounding area without any pretreatment such as biofilters or bioscrubbers, as happens in enclosed systems. According to the last survey of the composting industry in the United Kingdom (UK), performed by the UK Composting Association, about 1.97 million metric tons of materials were composted by 325 processors in the 2003-2004 period. Most composting plants operating in the UK are treating source separated green wastes by windrowing on concrete pads in the open air. These sites often are established at landfills (diverting green waste from disposal). The landfill site will potentially use the compost produced as either daily or final cover. Due to the characteristics of these composting sites and the distant location of landfills with respect to residential areas, the potential sensitive receptors for the bioaerosols are expected to be the site workers rather than local residents. The UK Composting Association, following some research on bio -aerosol generation and dispersion, proposed a standard procedure for bioaerosol monitoring at composting facilities that has wide acceptance in the UK. This protocol (Gilbert, E.J., et al., 1999) is based on the monitoring of two airborne microorganisms (Aspergillus fumigatus and total mesophilic bacteria) by impaction at different upwind and downwind locations at composting plants. The aim of our research study was to monitor the amount of Aspergillus fumigatus and total mesophilic bacteria generated at a typical green waste composting plant over one year of normal operation. The intention was to determine the main activities generating bioaerosols and the levels to which site workers were exposed during normal plant activities. EXPERIMENTAL METHODS Composting took place at a full-scale plant in the North of England, located at a landfill. Plant throughput was about 10,000 metric tons per year of source separated green wastes from different municipalities in the surrounding area. The shredded feedstock was composted in trapezoidal cross section windrows 25 in by 3 in by 2 m (length x width x height) over a 18 week period on a concrete pad in the open air. The windrows were turned using a front-end loader once a week for the first 10 weeks and then the material was allowed to mature for a period of eight weeks with no further turning. Each turn moved the composting piles along the length of the composting pad to the opposite end of the site, where screening took place. After screening, the compost was temporarily stored at the northern edge of the concrete area for subsequent use as landfill cover. The composting pad was bounded on the south edge by the access road to the landfill (Figure 1, page 50). A pedestrian footpath ran along the northern and eastern edges to which the public had free access (although it was not heavily used). The western edge was bounded by an open area of rough ground, which was the property of the landfill operators who could control access to it. The sampling points (Figure 1) are described in the following paragraphs. Upwind and downwind sites were located according to the different wind directions during different sampling dates. Background locations (U1, U2 and U3) represented upwind sites where the airborne microorganism concentrations were likely to be unaffected by the plant operations on site. Sampling points were located either 25 in (Ul and U3) or 40 in (U2) away from the operational activities. Downwind locations (D1, D2, D3, D4, D5 and D6) corresponded to the airborne microorganism concentration at locations downwind from the operational activities taking place on site. D1 and D6 were located 40 in downwind, along the footpath on the northern and eastern edges of the site; D4 was located 25 in downwind, south to the main access road to the landfill; D2 and D3 were located 300 m and 200 in downwind on the northern edge of the site, respectively; and D5 was 200 in downwind, behind the main access road to the landfill on the southern edge of the site. Airborne microorganism concentration was monitored for a 12 month period. Sampling frequency was adapted to operational and meteorological conditions; no samples were taken during the winter. A six stage Andersen viable impactor sampler was used to collect the samples on site. The inlet of the air sampler was at 1.8 in above the ground and the sampling time was one minute. Petri dishes containing the agar medium were in the sampler. Once the required air had been drawn through, the plates were covered and incubated. Aspergillus fumigatus detection and enumeration were carried out according to the method of Fisher et al. (1998). Mesophilic bacteria detection and quantification were carried out according to the method used by Lacey and Williamson (Sanchez-Monedero, M.A.; et al., 2003) and incorporated into the UK Composting Association protocol. The results were calculated as the geometric mean of the replicates and were expressed as colony forming units per cubic meter of air (cfu m3). The detection limit was The meteorological conditions corresponded to the average recorded during the monitoring time at each sampling location. Wind speed and ambient temperature were recorded with a digital thermo-anemometer. Wind direction was taken from the meteorological station located on the roof of the site office building (500 m away from the composting pad). Monitoring in the open air is exposed to the weather conditions. During the monitoring event there may be sudden changes in wind speed and direction that directly affect the sampling. Error figures (in brackets in Tables 1 and 2) give an idea of the experimental variation of the results due to the weather conditions (according to the statistical analysis of the data). In some cases errors are quite low (small differences between duplicates), but occasionally they may be rather large (duplicates rather different because of the variable weather conditions). It is expected that the variation between duplicates or triplicates of experimental results are much larger than laboratoiy scale experiments (under controlled conditions). Experimental data were subjected to analysis of variance procedure (SPSS 11.0) to determine the effect of seasonal variation, dispersion and operational activities on airborne microorganism concentration. Analysis of variance (ANOVA) was performed for Aspergillus fumigatus and mesophilic bacteria after logarithmic transformation of their concentrations. Multiple mean separations were performed using Duncan's multiple range test at P < 0.05. MONITORING RESULTS Tables 1 and 2 show the concentration of Aspergillus fumigatus and mesophilic bacteria at different upwind and downwind locations around the composting plant, under different operational conditions during one year of monitoring. The concentration of both microorganisms measured at upwind locations remained within the same range for the whole monitoring period, varying from less than 102 up to 103 cfu m3. These concentrations represented the background levels for both microorganisms at the composting site, unaffected by the operational activities. They were within the expected range usually found for Aspergillus fumigatus during normal agricultural activities and are higher than the levels measured in other open environments or in indoor air (Millner et al., 1994). The cause of these somewhat enhanced background levels was due to other operations, external to the composting site, possibly related to the normal activities taking place on and around the adjacent landfill site. Aspergillus fumigatus and mesophilic bacteria concentrations recorded at downwind locations, when no vigorous activity was taking place on the composting site, were no different from the background levels. However, vigorous activities such as green waste shredding, mature compost screening and pile turning generated a similar increase in the concentrations of both airborne microorganisms at downwind locations. The concentrations recorded during these operational activities at the potential sensitive receptor locations varied over a wide range, from 1.5 X 102 to higher than 2.9X 105 cfu m3 at downwind location D 1 (40 in downwind) and from 1.5 X 102 to 2.9x 103 cfu m3 at downwind location D3 (300 in downwind). The airborne concentrations at 25 and 40 in downwind were strongly affected by the composting activities that typically caused an increase up to two logarithmic units for both microorganisms as a consequence of the vigorous movement of material. These results were in the range, between 103 to 106 cfu m3, which is in agreement with the results of other authors working in with similar conditions (Fischer, J.L. et al., 1998; Millner, P.D., et al., 1980; Sdnchez-Monedero, M.A., et al., 2003). The amounts recorded at downwind locations D2, D3 and D5 (200 and 300 in downwind) during vigorous activity were similar to background levels reflecting the good air dispersion. The amounts of the airborne concentrations at these downwind locations were occasionally slightly above the background levels, but never exceeded 2.9X 103 cfu m3. These occasional high levels at relatively long downwind distances could be due either to the meteorological conditions, a key factor affecting dispersion, or to different sources of bioaerosols other than the composting operation (adjacent landfill site). The importance of assessing when levels reach background values relates to the fact that this has often been used as the minimum distance open composting plants need to be from sensitive recs.lptors: For example, the UK_ Environment Agency is currently using 250 m as the i'm=u.-m separation distance for these plants, which is in line with the results from this work. During the study, even though the sampling dates covered a 12 -month period, the data did not show any variations that could have been attributed to seasonal changes. Meteorological conditions, particularly wind speed and direction, were the main factors governing the airborne dispersion from the composting pad. Sudden changes in meteorological conditions did in some cases produce a high standard deviation in the concentration for both microorganisms over the sampling period. These practical difficulties when monitoring open facilities are a common occurrence. While they reflect the true variation under those conditions, they can limit the validity of some of the conclusions drawn from the experimental results. Similar comments and observations have been made by other workers (Reinthaler, F.F. et al., 1997; Recer, G.M, et al., 2001; Gilbert, E.J., et al., 2002). ASSESSMENT OF BIOAEROSOL SOURCES Figure 2 shows the annual average of Aspergillus fumigatus and nmesophilic bacteria concentrations on the potential sensitive receptor location (Downwind 1) adjacent to the composting site under different operational activities. Airborne concentrations 40 m downwind when no activity was taking place and when the footpath was upwind did not differ from background levels. Shredding and turning produced the largest increase of airborne concentrations up to two logarithmic units higher than background levels. Screening of mature compost and the movement of mature compost (piling and truck loading) caused an intermediate effect; there was a larger increase in mesophilic bacteria levels than in Aspergillus fumigatus. The amount of mesophilic bacteria generated in these less vigorous operations was not significantly different from the amount generated by the other activities. However, the Aspergillus fumigatus levels were significantly lower than in other activities., and similar to those of the background levels. In the case of Aspergillus fumigatus, this effect may have been due to the sanitization achieved during the coin posti.ng process (Fischer, J.L., et al., 1998). (file temperati_ire was over 70°C over most of the comporting period.) Based on the assumption that the sanitization effect would have had an impact on the Aspergillus fumigatus, we would have expected a decrease in the concentration of this microorganism if the composting process was performed effectively (keeping high temperatures, frequent turning of material, avoiding mixing with fresh materials, etc). Piling and loading of mature compost did not involve vigorous movement of material and had relatively low levels of Aspergillus fumigatus when compared to the other activities such as shredding or screening that required continuous movement of material. ASSESSMENT OF POTENTIAL RISK FOR SITE WORKERS There is no dose -response in -formation available for the effect of Aspergillus fumigatus on the health of workers, but it has been proposed that the amount of total bacteria should not be over 5 X 103 or 104 cfu m3 for an eight-hour working day (Sigsgaard, T., et al., 1990). On this basis, the background levels registered during the monitoring (from 102 to 103 cfu m3) should not have any health impact for plant operators as long as they do not have established immunodeficiency or breathing problems. In the case of meso-philic bacteria, the concentrations recorded 40 m downwind were higher than the range proposed in the literature indicating a greater potential risk. The concentration of Aspergillus fumigatus measured 40 m downwind were at levels that other authors have previously reported to be the cause of bronchitis and gastrointestinal complaints from the staff during waste collection (Nielsen, E.M., et al., 1997). As a minimum requirement at these levels, Kiviranta et al. (1999) recommended the use of personal protective equipment for plant operators. Even if the dose -response for Aspergillus fumigatus exposure has not been established, the levels recorded at locations 40 m downwind from the composting activities would make it advisable for appropriate masks to be worn by site staff working inside the composting plant or by those using the internal pedestrian access. It would also be advisable to temporarily interrupt any vigorous activity related to composting whenever the installation was used by staff or visitors not using the appropriated breathing masks. For the site in question, the levels of airborne microorganisms at the site boundaries differed very little from background concentrations. Consequently, as far as Aspergillus fumigatus and mesophilic bacteria are concerned, the local residents would not be considered to be at risk from infection related to the composting operation. Miguel Sanchez-Monedero is with CERAS-CSIC at the Campus Universitario de Espinardo in Murcia, Spain(monedero(a cebas. cslc. es). Edward Stentiford and Sari T. Urpilainen are in the School of Civil Engineering, The University of Leeds, LS2 9JT Leeds, UK. This article is based on a paper originally published in the Journal of the Air & Waste Management Association in Pittsburgh, Pennsylvania and reprinted with the association's permission. ACKNOWLEDGEMENTS This research was supported through a European Community Marie Curie Fellowship. Disclaimer: The authors are solely responsible for information communicated and the European Commission is not responsible for any view or results expressed. REFERENCES Fischer, J.L., Beffa, T., Lyon, P.F., Aragno, M. Aspergillus fumigatus in windrow composting: effect of turning frequency, Waste Manage. Res. 1998, 16(4), 320-329. Folmsbee, M., Strevett, K.A. Bioaerosol concentration at an outdoor composting center, J. Air Waste Manage. Assoc. 1999, 49, 554-561. Gilbert, E.J., Kelsey, A., Karnon, J.D., Swan, J.R.M., Crook, B. Preliminary results of monitoring the release of bioaerosols from composting facilities in the UK: interpretation, modelling and appraisal of mitigation measures. In Proceedings of the International Symposium Composting & Compost Utilization, Ohio, USA, May 6-8, 2002, 1094-1105. Gilbert, E.J., Ward, C.W. Standardized Protocol for the Sampling and Enumeration of Airborne Microorganisms at Composting Facilities, The Composting Association, Coventry, UK. 1999, p30. Hryhorezuk, D., Curtis, L., Scheff, P., Chung, J., Rizzo, M., Lewis, C., Keys, N., Moomey, M. Bioaerosol emissions from a suburban yard waste composting facility, Ann. Agric. Environ. Med. 2001, 8, 177-185. Kiviranta, H., Tuomainen, A., Reiman, 1\4., Laitinen, S., Nevalainen, A., Liesivuori, J. Exposure to airborne microorganisms and volatile organic compounds in different types of waste handling, Ann. Agric. Environ. Med. 1999, 69 39-44 Millner, P.D., Bassett, D.A., Marsh, P.B. Dispersal of aspergillus fumigatus from sewage sludge compost piles subjected to mechanical agitation in open air, App. Environ. Microbiol. 1980, 39(5), 1000-1009. Millner, P.D., Olenchock, S.A., Epstein, E., Rylander, R., Haines, J., Walker, J., Ooi, B.L., Horne, E., Maritato, M. Bioaerosols associated with composting facilities, Compost Sci. Util. 1994, 2(4), 6-57. Nielsen, E.M., Breum, N.O., Nielsen, B.H., Wurtz, H., Poulsen, O.M:, Midtgaard, U. Bioaerosol exposure in waste collection: a comparative study on the significance of collection equipment, type of waste and seasonal variation, Ann. Occup. Hyg. 1997, 41(3), 325-344. Recer, G.M., Browne, M.L., Horn, E.G., Hill, K.M., Boehler, W.F. Ambient air levels of Aspergillus fumigatus and thermophilic actinomycetes in a residential neighborhood near a yard -waste composting facility, Aerobiologia. 2001, 17, 99-108. Reinthaler, F.F., Marth E., Eibel, U., Enayat, U., Feenstra O., Friedl, H., Kock, M., Pichler- S emmelrock, F., Pridnig, G., Schlacher, R. The assessment of airborne microorganisms in large-scale composting facilities and their surroundings, Aerobiologia. 1997, 13, 167-175. Sanchez-Monedero, M.A., Stentiford, E.I. Generation and dispersion of airborne microorganisms from composting facilities, Process Safety and Environmental Protection. Trans. IChemE. Part B. 2003, 81, 166-170 Sigsgaard, T.,, Bach, B., Malmros, P. Respiratory impairment among workers in a garbage -handling plant, Am. J. Ind. Med. 1990, 17, 92-93. RESEARCH FINDING HIGHLIGHTS THE BACKGROUND levels for Aspergillus fumigatus and mesophilic bacteria varied within the range from less than 102 up to 103 cfu m3. o The concentrations measured at locations downwind, potentially considered as sensible receptors, when no vigorous activity was taking place were no different from the background levels. o Vigorous activities such as shredding, turning and screening were identified as the major sources of bioaerosol generation and release and caused an increase in both Aspergillus fumigatus and mesophilic bacteria concentrations on the adjacent footpath up to 2 log units higher than background levels. The amounts measured 300 m downwind of the operational activities did not differ from the background levels. o Meteorological conditions were thought to be the main factors affecting airborne dispersion from the composting pad. o The high levels recorded In the operating area when vigorous activities were taking place suggested that it would be advisable for staff in that area to have appropriate respiratory protection equipment. This entry was posted on Wednesday, September 21st, 2005 at 2:37 pm and is filed under L;icateo prized. You can follow any responses to this entry through the R Y')' 2..0 feed. Both comments and pings are currently closed. Sent from my iPhone I Noise Impact Study L05dB 97dB 81dB 1 80dB L01dB 96dB 76dB 74d8 95dB 88dB 79dB 77dB 91dB 89dB 78dB 76dB 90dB 89dB 76dB 73dB 88dB 87dB 74dB 71dB 88dB 87dB 73dB 72dB 87dB 86dB 78dB 70dB 83dB 72dB 102dB 100d6 I 83dB 80dB 96dB 94dB 76dB 75dB 86dB 85dB 64dB 62dB 86dB 75dB 77dB 63dB 84dB 83dB 68dB 66dB L -- j'1 Gma;l 627 Muffler Options Kevin Mayhugh <Kevin.Mayhugh@rulesteel.com> To: Mike Murgoitio <mikemurgoitio@gmail.com> Michael, Below are the decibel reductions and muffler grade options: • Super Critical grade 30-42 dBA • Critical grade 18-32 dBA • Residential grade 18-23 dBA • Industrial grade 15-22 dBA • Spark Arrestor 8-19 dBA Thanks, A Division of Rule Steel Kevin Mayhugh Product Manager P: 208-585-2929 M: 208-514-6724 Mike Murgoitio <mikemurgoitio@gmail.com> Mon, Jul 2, 2018 at 8:53 AM email Mufflers Kevin Mayhugh <Kevin.Mayhugh@rulesteel.com> To: Mike Murgoitio <mikemurgoitio@gmail.com> Mike, See below: Mike Murgoitio <mikemurgoitio@gmail.com> Fri, Jul 13, 2018 at 3:21 PM • Super Critical grade (30.42 dBA): 4" larger in diameter than industrial grade and 24" longer o $11,853.00 • Critical grade (18-32 dBA): roughly the same size as industrial grade o $10,962.00 • Industrial Grade (15-22 dBA): see attached photo o $9,468.20 Either option will add approximately 1,800lbs. Thanks, r A Division of Rule Steel Kevin Mayhugh Product Manager P: 208-585-2929 M: 208-514-6724 From: Mike Murgoitio [mailto:mikemurgoitio@gmail.com] Sent: Thursday, July 12., 2018 5:10 PM To: Kevin Mayhugh <Kevin.Mayhugh(a_)rulesteel.corn> Subject: Re: Mufflers [Quoted text hidden] DSC_0099. jpg 5446K Print Export To PDF _f Occupant Name Address: Structure Name: Suite: Contacts: Meridian Fire Department 33 E. Broadway Ave. #210 Meridian, ID 83642 P - (208)888-1234 TIMBER CREEK 7695 South LOCUST GROVE Road Meridian 11007M Inspection Date: InspectionType: Inspected By: 7/9/2018 Reinspection John Overton 208-888-1234 johnoverton@meridiancity.org Fail - IFC 2015 906.2 - Fire Cleared FIRE EXTINGUISHERS extinguisher Maintenance OK Cleared on 7/9/2018 IFC 2015 Fail - SECTION 2808 STORAGE AND PROCESSING OF WOOD CHIPS, HOGGED MATERIAL, FINES, COMPOST, 2808.8 - Fire Cleared SOLID BIOMASS FEEDSTOCK AND RAW PRODUCT ASSOCIATED WITH YARD WASTE, extinguishers. AGROINDUSTRIAL AND RECYCLING FACILITIES OK Cleared on 719/2018 IFC 2015 Fail - SECTION 2808 STORAGE AND PROCESSING OF WOOD CHIPS, HOGGED MATERIAL, FINES, COMPOST, 2808.3 - Size of Cleared SOLID BIOMASS FEEDSTOCK AND RAW PRODUCT ASSOCIATED WITH YARD WASTE, piles. AGROINDUSTRIAL AND RECYCLING FACILITIES t_>K Cleared on 71912018 Fail - IFC 2015 5706.2.2 - Farm Cleared (AST) ABOVE GROUND STORAGE TANK Fuel Tank Markings OK Cleared on 71912018 Fail - IFC 2015 5706.2.7 - Farm Cleared (AST) ABOVE GROUND STORAGE TANK Tank Fire Extinguisher CCK Cleared on 71912018 Thank you for your cooperation in keeping your business and our community safe! If you have any questions, please contact the fire inspector listed at the top of this report. r r l • • R TEMP f. 40 - OF 20, 180 200 66 c STATE OF IDAHO DEPARTMENT OF ENVIRONMENTAL QUALITY 1445 North Orchard • Boise, Idaho 83706 • (208) 373-0550 www.deq.idaho.gov July 16, 2018 Michael Murgoitio Timber Creek Recycling LLC 7695 S. Locust Grove Meridian, Idaho 83642 RE: Site Visit Request Timber Creek Recycling LLC (Meridian, Ada County) Dear Mr. Murgoitio: C.L. "Butch" Otter, Governor John H. Tippets, Director Timber Creek Recycling LLC requested a site visit from DEQ sometime during the week of July 9, to July 13, 2018 to compare site operations to the solid waste rules in IDAPA 58.01.06. DEQ had previously inspected the site June 5, 2018 as result of a complaint of wood waste contaminating a nearby canal. During the June 5th inspection, DEQ did not observe any leachate or other contaminant discharge from the pile of wood waste that may have impacted the nearby canal. However, two items were noted regarding the solid waste rules. 1) A pile (approximately 10 to 20 cubic yards) of material that appeared to be a mixture of municipal solid waste and untreated wood and 2) windrows of organic material that appeared to be greater than 600 cubic yards used as an agricultural amendment for the farm. DEQ brought these two items to the attention of Timber Creek Recycling and requested these items be addressed. In response to Timber Creek Recycling's request, DEQ conducted the site visit on July 13, 2018. The two issues observed on June 5, 2018 appeared to be corrected and there did not appear to be any other issues with respect to IDAPA 58.01.06 at the time of the site visit. Sincerely, Kevin Ryan, P.E. Boise Regional Office KR:tg PDF: Todd Crutcher, P.E., Boise Regional Office P i i n f e d o n H e c v c I e d P a p e, 7/5/]018 9:44:41 AM - M:\4-18113-TEfMTECN TMBER CREEK RECYCLM\CAW 4-18113\SREM\4-18113-02-PROM0 WE PIAN - Z0611ED I14.11A'0 - O C. WEEOLO l i1 1 1 I I z t\R% 141tw 1 H TIMBER CREEK RECYCLING slazo e — 6i1lU( 61,E COMPOST FACILITY SITE CERTIFICATION 8 4IIJ,o PROPOSED SITE PIAN 16 51 I—AI OTETRA TECH 2sn PAIMER sTREET. suRE z ------------ 141tw 1 H TIMBER CREEK RECYCLING slazo e — 6i1lU( 61,E COMPOST FACILITY SITE CERTIFICATION 8 4IIJ,o PROPOSED SITE PIAN 16 51 I—AI OTETRA TECH 2sn PAIMER sTREET. suRE z 7/5/3010 9:57:02 0.4 - V:\4-18113-TE'fHATECH Titl6r"R CR REaYE \C 4-16113\SREER\6-16113-02-PROPOSED WE P—.= - WNCPN MEEMM I I I I I i o yi' (aN 5-�-tom^� or /t <; -' ------------- ---------- < --:- • I I � � � O —------------- SLOCUSTGROVERD L - 1— s u H , 0 N �, 8 m ga 2E, m oda ;m � �• � I I O �F � m� �+ i� Y P� mac `i s I I g9 0� �� � s� y o H a 0 G RA mn 0 e TIMBER CREEK RECYCLING sta3ale —. VMK WTE DESCRWRCN gy COM1IPOST FACILITY SITE CERTIFICATION '� TETRA TECH NS PROPOSc`eacWesteng $ ED RE PLAN i• i. WQH.ABOR IW.'e 6URENt 3525 PALTER STREET, SURES a I B E W e1taT Ikssa�4a.l}m..v SVA9 RaaElBaecf PRONE (faa� 511]We Fuc Gael S,S,toSe CopRb t T<Ua TttAr W I r 4 8Q1 OLl W I ,1h, Twenty Mile South Composting Facility (TMSCF) Odor Control Plan (OCP) The Odor Control Plan (OCP) will control and reduce odors to the extent necessary to prevent nuisance conditions from occurring. In addition, the TMSCF OCP specifies the manner of accomplishing this goal. The TMSCF OCP is designed to identify, document, and then mitigate odors. Because the transmission of odor depends on atmospheric conditions, the facility will operate a weather station which records date, time, temperature, wind direction and speed, precipitation, relative humidity, and barometric pressure. The information gathered by the weather station is used to assist in identifying the source of the odor, verifying the legitimacy of odor complaints, and establishing seasonal weather patterns. The following specific steps will be taken in implementing the TMSCF OCP. 1.0 FEEDSTOCK PROCESS AND PROQUCT MONITORING 1.1 The objective of the feedstock process and product monitoring is to establish guidelines that result in a compost product of value with minimal impact to the environment. The compost process takes place in several steps and each step will have specific goals that lead to the final product quality objective. These common goals are: • Maximize mixing • Optimize panicle size • Optimize moisture content • Promote biological activity • Optimize nutrient content, carbon to nitrogen ration • Provide suffeclent oxugen • Control pH The following sections describe how these will be monitored in the feedstock and composting process to help minimize odors and achieve optimum operating conditions. 1.2 Monitoring Feedstock Initial characteristics are critical to successful composting and affect a number of processing parameters, including: processing time, aeration requirements, odor generation, leachate production and final product quality. The following parameters are significant in the initial mix: • Porosity • Moisture content Available carbon content • Nutrient content (i.e., (;:N Ratio) • pH • Visual / qualitative Trained and experienced compost facility operators can utilize simple qualitative tests as aids to operations. The visual appearance of the material at all phases of the mixing and composting process provides valuable insights into the status of the process. Color, moisture, particle size and void spaces, absence of mix "balls" and odor are useful visual/qualitative indicators of nutrients present. Of primary use during the initial mix operation is the squeeze test for free moisture, the observed thoroughness of mixing, and the adequacy of void spaces in the mix, 1.3 Process Monitoring Process monitoring entails the regular collection of data pertinent to the composting process, In addition, the data should be examined to determine if and what process adjustments need to be made. The following parameters should be monitored on a regular basis: • Decomposition * Bulk Density Moisture Content e Temperature ® Oxygen Content Qualitative Parameters, Odor, Color and Texture Assessing the compost visually and by smell and feel can provide valuable insight to the process. It is generally recommended that the sample being assessed be taken from the pile interior (deeper than 36 inches) with a front-end loader, The senses can be used to assess the following parameters: • Moisture content — composting material should feel moist but not excessively wet, When squeezed in a fist, free water should not drip from the material, • Aeration — a sour or pungent odor is an indication that the pile is anaerobic and that turning (i.e., frequency and duration) should be increased. • Porosity — the compost should have a granular, chunky appearance, A fine texture is an indication the material may not be sufficiently bulked. • Temperature , Pile temperatures are taken from eight places in each pile at three different depths, The 24 measurements are taken daily until 13111F or higher for three days are recorded to assure process to further reduce pathogens (PFPP) and until a temperature of 104°F or higher is reached for 14 days. These temperatures are recorded and saved onsite. Table 1.1 is a summary of the parameters the site operator will observe to assure successful composting, 2.0 IDENTIFYING THE PRESENCE OF ODOR 3.0 2.1 The first step in the process of controlling odors is to determine if odors are present. For the purpose of the TMSCF OCP, the presence of odor is identified in one of the two following ways: 2.1.1 Odors identified by Republic personnel, through self -inspection or on-the-job observations. 2.1.2 Odors identified by sources other than Republic personnel. These odors are often identified through our "odor notification group." These two methods of identifying odors and how they are managed as part of the TMSCF OCP are discussed in the following sections. 2.2 Odors Identified Through Self -Inspection 2.2.1 The primary objective of the TMSCF OCP is to identify and mitigate odors from the facility before the odors can have an impact on the local community, i.e., to eliminate odor complaints. This is accomplished through the use of self -inspections. 2,2.2 Self -inspection will be performed on a monthly basis by the Operations Supervisor, Division Manager, or their designees, It consists of one or more of these individuals touring the facility specifically to identify odors, The results of the inspection will be documented on the form provided in Appendix A. Any odors identified through self -inspection will be mitigated in accordance with the guidance for mitigation provided later in this TMSCF OCP. An odor crossing the property boundary is the criteria for mitigation, i,e., if the individual performing the self -inspection is standing on the property boundary and an odor from the facility can be detected, then mitigation of the odor Is required. 3.1 If the TMSCF OCP is not implemented or is poorly implemented, then the primary goal of mitigating odors before odors can impact the local community will not be achieved. When this happens, it is inevitable that odor complaints will be generated. All odors brought to the attention of the facility management by individuals other than Republic employees must be investigated and documented. 3.2 Upon receipt of an odor complaint, the fallowing actions will be taken; 3,2.3 Upon receipt of an odor complaint, the complaint should be investigated by the Operations Supervisor, Division Manager, or their designees. 3.2.4 The investigation should include completing the form in Appendix B. 3.2.5 All complaints from the public, whether verbal or written, will be reported to the Idaho Central District of Health Department, TMSCF, GM, DM, and E N4, 4.0 IDENTIFYING THE SOURCE OF ODOR 5.0 4.1 Once the presence of odor is identified through either self -inspection or through an odor complaint, the source of the odor needs to be identified. The source of the odor must first be identified before it can be mitigated. Typically, the source of the odor is readily identifiable. However, if the source of the odor is not obvious and cannot be traced immediately to a feature or activity at the facility, the following steps provide a methodology for identifying the source of the odor: 4.1.1 Using data from the weather station, determine the wind direction at the time the odor was identified. 4.1.2 Using an aerial photograph, Google Earth, or a plan of the facility, draw a vector in the same direction as the wind, and intersecting the location where the odor was identified, 4.1.3 If the vector crosses the facility and the facility is in an upwind position compared to the location where the odor was identified, then determine the facility features and activities that lie along the vector. 4.1.4 Compare the identified odor to any odors generated along the wind vector in an upwind position and determine the source of the odor. 4.1.5 Repeat this process at varying times of the day, under varying operational conditions, and with varying wind directions until the source of the odor is identified. E 5.1 Decomposing unprocessed material 5.2 Incoming food waste 5.3 Anaerobic piles of material 5.4 Processing anaerobic material 6.0 ODOR MITIGATION Identifying the source of odor will assist in determining the best means of mitigating the odor. 6.1 If the odor originates from a specific material, one or more of the following methods will be selected to mitigate the odor: 6.1.1 Stop taking the objectionable material 6,1.2 Require that the material generator treat the objectionable material to eliminate odors prior to delivery to the facillty 6.1.3 Immediately cover objectionable materials upon delivery to the facility 6.1.4 Restrict the times when an objectionable material can be delivered to the facility 6.2 If the odor originates from the facility, one or more of the following methods will be selected to mitigate the odor: 6.2.1 Add compost as cover material over unprocessed material. 6.2.2 Turn piles more frequently to maintain aerobic conditions rather than anaerobic conditions 6.2.3 Process odor producing materials when the wind is blowing away frorn the direction of community members. 6.2.4 Use odor masking or neutralizing agents at the facility 6.3 It should be noted that the last option - use of masking or neutralizing agents - should be considered as a last resort. Experience has shown that the use of odor masking or neutralizing agents has proven to be extremely difficult in a composting facility environment. 6.4 If odors are detected through self -inspection and no complaints have yet been made by the local community, mitigation of the odor should be accomplished before the local community can detect the odor. Remember: self -inspection and mitigation is mandatory for all Republic facilities. Waiting until the local community detects odors is not an option. If a mitigation method is found to be unsuccessful in controlling odor, alternate methods must be attempted until a method is found which successfully mitigates the odor. 7.0 REQUIRED DOCUMENTATION 7.1 Whenever the monthly odor survey is performed or a complainant is received, the appropriate document found in the appendices must be completed and maintained on site as part of the site operating records. 7.2 In addition to maintaining these records, efforts to mitigate odors must be documented. It is very important to document efforts to mitigate odors whether or not there have been complaints frorn the public. In the event that a mitigation method is attempted and found to be ineffective, another mitigation method must be attempted until the facility is successful in controlling odor. The decision-making process in choosing a method to control odor must also be documented. In documenting mitigation efforts, the following information must be recorded: 7.2.1 The reasoning used in selecting the mitigation process. 7.2.2 The manner and extent to which the mitigation efforts are made. 7.2.3 The results of the mitigation effort. Recording these details may be done through memoranda made to file. APPENDIX A MONTHLY ODOR SURVEY FORM MONTHLY ODOR SURVEY FORM Facility Name: Date: Time of Inspection: Name of Inspector: Weather Conditions at Time of Inspection: Temperature: Barometric Pressure: Wind Direction: Wind Speed: Precipitation: Humidity: Were there any odor observations at facility perimeter? Yes No If so, describe: Were there any odor observations at or near the existing disposal area? Yes No If so, describe: If there were any odor observations, was the source of the odor identified? Yes No If so, describe: APPENDIX B COMPLAINANT INTERVIEW FORM C� n ri m O a S'r vx. n s: G C. 0 �s C �7 0 a n i o 1 Gy i Table 1-1 Testing Frequency On -Site Tests Odor Plan Twenty Mile South Compost Facility Compost Parameter Minimal Testing Schedule for the ASP Compost Process Test Parameters Lab/ On -Going Operations On -Site Active Phase Nutrient Content On -Site On pile construction Air Setting On -Site On pile construction, and each change Duration of time On -Site On pile construction, and each day Pile Temperature On -Site Daily until PFRP and VAR / then Weekly Moisture Content On -Site or Lab On each cell on startup then as needed Bulk Density / Porosity On -Site On each cell during process startup then as needed pH On On each cell during process startup then as needed, pH paper _`1 rt O b r r r n Sparch..- Composting siih Counc(http://compostfoundation.orgn Research & Education Foundation Watch "The Compost Story" by Kiss the Ground, the creators of "The Soil Story." COMPOST STORY (http://kisstheground.com/thecompoststoryn Have you ever looked at a banana peel and thought, "Is that it?" Does life go on? Could this humble peel serve a greater purpose? We're telling the new story of compost as the regenerating, probiotic solution for restoring land and balancing the climate. 60 billion pounds of food material go to landfill every year, creating methane gas that is poisoning us and destroying our home. Meanwhile, we're throwing away the building blocks of life. We're INSANE! JUST STOP IT!! So what's the solution? 3 . 16 t WATCH THE COMPOST STORY (https://youtu.be/bgDQDBcvOSY?rel=0&showinfo=0&color--white&autoplay=1) Click here (http://kisstheground.com/thecompoststory/) for The Compost Story website. Also watch Kiss The Ground's "The Soil Story" here (https://youtu.be/nvAoZl4cP7Q). "The Compost Story" was made possible by: Kellogg Garden Products, Al Organics, Tanks Green Stuff, Zanker Recycling, Natur-tec, OCSD, CalRecycle, New Earth Inc., Stop Waste- Alameda, EcoSafe, St Louis Composting, Elk Packaging, Vision Recycling, EDWW W. Pauley Foundation, Associated Labels, Texas Pure Products, Inland Empire Utilities Agency, Green Mountain Technologies. G t Composting Assacz�.Tza�v -� � 1 ColmPOST (http://www.healthysoil.orgn + USCouncil`, (http://compostingcouncil.orgn Pz><ar ucy3m Composting / (http://kellogggarden.comn t _ Research & Education Foundation Login (https://www.compostfoundation.org/Login?returnurl=%2fcompost-story) c ® CalRocyde� OU0 rc.amPostiNc „l„:r�. •inssocurFn - ......,v.� ., w. ,� ECOSAFE' ,. i/& E- 7. G Nr Ed-.W.[hul�i `QM�1 ...w.. .s. -s a7:1 a Foudni0h G t Composting Assacz�.Tza�v -� � 1 ColmPOST (http://www.healthysoil.orgn + USCouncil`, (http://compostingcouncil.orgn Pz><ar ucy3m Composting / (http://kellogggarden.comn t _ Research & Education Foundation Login (https://www.compostfoundation.org/Login?returnurl=%2fcompost-story) Timber Creek Recycling LLC. Lanceleaf Poplar Manhattan Euonymus Hedge Ninebark Diablo Hedge Southwest White Pine O m m s o ----------- --- -- - 1, p - - - ----- - - - - ------------ S LOCUST GROVE RD � z g 3 0 -G) ?Qo 21 'd all is a m o� r o 0 0 m _ ig In g =3 � !z . TIMBER CREEK RECYCLING— YARK GATE CESCWPTIgI COMPOST FACILITY SITE CERTIFICATION O TETRA TECH N S PROPOSED SITE PLAN GreatWest r-gineering ssss vwaER STNEET, surtEz � m r, F w raaa+a ne„�sreoe La eO�S-#°� FHONE 14aclsuw+.s FAIL (b61 Si330B0 ZI .++11 W - II1- 1., L?_TETRFtECH ".1— TIED — ,OLIN, C'ID 1-16113\i—TL 1-1 J17-0= FFr', ;lM —t; - _ -El, W,No - Di1: -e11 F=E - .E TIMBER CREEK RECYCLING Dare o ITE COMPOST PROPOSEDSSITE P�FICAiION FACILITY GreatWest OTETRA TECH u=,E�s;�E�s;u�� wolu�A �1,�1�,}3�s July 17, 2018 If this proposal goes through Timber Creek Recycling, LLC Will implement our hours of operation to. Monday — Friday 7 a.m. to 6 p.m. Saturday 8 a.m. to 6 p.m. 7695 S. Locust Grove Rd Meridian, Id 83642 208-887-8546 Office 208-895-1409 Fax www.timbercreekrecycling.com Ada County Solid Waste Management 2013 Year End Report 1, 4 200 W(,,sl- Front Street Boise , Jdabo 83702 208-577-4725 Aclacoomyl-andfill-com Board of Ada County Commissioners Dave Case, District 3, Chairman Jim Tibbs, District 1 Rick Yzaguire, District 2 Solid Waste g?y-rYt City My- . rs Dave Beiter, City of Boise James D. Reynolds, City of Eagle John Evans, City of Garden City W. Greg Nelson, City of Kuna Tammy de Weerd, City of Meridian Nathan Mitchell, City of Star David Logan, Director of Ada County Operations Ted Hutchinson, Deputy Solid Waste Director Kenneth Wall, Hazardous Materials Coordinator Kurt Hunt, Landfill Operations Coordinator Benny Poole, Business Process Analyst Justin McConnell, Environmental Systems Coordinator Kathie Herman, Account Clerk Amos Nava, Environmental Systems Technician Micah Munion, Landfill Technician! Eric Estes, Landfill Technician Barbara Burkhardt, Cashier Kathy Foster, Cashier Carol Hyde, Cashier a�n Kathy Nelson, Cashier fa�rd�n Jay Camp, Cashier _, NI f«tkC, City, 2 Solid Iliaste Alanagement seeks to pro -active) manage Couyatj, waste disposal facilities, enforce applicable code; grad provide rea.rolaably paced and environmentnlyaccept�rl>le methods for solid and hazardous wastes reduction and disposal for County residents and businesses. Seivices provided by the Division include: Division iin Ic F 1. * Maintenance of a sanitary landfill for acceptance of wastes generated by County residents, a Operation of a permanent year-round facility for disposal of household and small business hazardous wastes, * Contractual oversight of the franchised trash collection in unincorporated Ada County ensuring compliance with trash pick-up, recycling and rates, a On-site recycling programs for wood, tires, automotive batteries, refrigerators and air conditioners, ® Educational resource for local schools and service groups. 3 Organics Recycling Wood -waste recycling is a very popular and highly successful program at the landfill. Since 1994, landfill customers have been encouraged to separate their wood waste from their other waste for recycling, From its modest beginnings with 10,000 cubic yards of wood recycled the first year, the program has grown. Over 140,000 cubic yards of wood were recycled in fiscal year 2013. The economic slow -down has affected the wood -recycling program. In fiscal year 2006, 197,593 cubic yards of wood was recycled; in fiscal year 2010, 137,220 cubic yards. This is a —30% decrease in volume. This decrease can be attributed to the reduction in construction in the valley, with less construction there is less material for disposal. Regardless of the reduction the wood waste recycling program remains the most successful recycling program at the landfill. M.M. Demolition is the new contractor for wood and organics recycling. The former contractor, Enviro- Progress, opted to terminate their contract with Ada County in April 2013. For their services in Fiscal Year 2013 Enviro-Progress charged the Landfill $265,646. After a Request for Proposals was issued, M.M. Demolition won the bid and started grinding in April 2013.The County pays this firm for material that is chipped and hauled away from the landfill; M.M Demolition is paid per cubic yard and they received $172,602 for their services in fiscal year 2013. The total amount for wood recycling for fiscal year 2013 was $438,248. Along with wood recycling, Ada County provides programs to encourage leaf and Christmas tree recycling. In the fall, residents can bring their leaves to the landfill at no charge during a six-week period. In addition, following Christmas, residents may bring their Christmas trees, free of charge, to the landfill for recycling. Even though the contractor charges to dispose of both of these items the landfill absorbs the cost to dispose of them as part of a community service for Ada County residents. 26 Onsite Recycling Wood Waste Recycling The decreases in the past fiscal years reflect the effects of the collapse of the building industry. With less construction, there is less material for disposal. Wood waste remains the most successful recycling program at the landfill. ._._-_-.__--.----.--.---..—..,----.-"_.-----,--._--.---.----,–.-------I 250,000 200,000' _.. 150,000 100,000 50,000, Household Hazardous Waste Household hazi can either be rE Wood Waste Disposal Cubic Yards 00� OOh 00� 001 00� OOq OHO O�� O�� O�� �yti �yti �yti �y� �yti �yti �yti �J� 4y� �yti irdous waste is recycled or reused in a variety of ways depending on its comps used for its original intended purpose of used to make another product. Hazardous Waste Volume by Weight 1,200,000 1,000,000 i 800,000 600,000 400,000 200,000 q0'� 00000q> �yti Ftp �y'1 �y`L �y`L �y'1. �yti �y'L pati 4y'L �y'L isition. It 27 lire end Ma--aja1 2-60 7:58 i 4 Coiner* August 16, 2013 EW +336 AM wand V le - 7:58 S, . 1 Camera June 26, 2013 Exit &-45 PU wood PIE 0-� Zoi3 7:57 A Camera ,Pune 24, 2013 5 ; g, AM use n j rno4 .r j`cJ ;ZD)3 8:03 S . January 10, 2014 Eait 1:25 Pt us�� rna�.r�`c� 2013 8:01 � G�filCii { December 20, 2013 Edit 4-35 PM U.5 i nd Zv 13 (hQi ; Cj 8:04 4 Camtra January 10, 2014 3_ i Now "NONNI w Ada County.Solild WasCe Maiiagement 2017 Year End Report 200 west Front Surect Boise Idaho 83702 208-577-4725 Ad.acotintylar -idt'ill.,,--f-,ni Jim Tibbs, District 1 Rick Visser, District 2 Dave Case, District 3, Chairman citymayoEs Dave Beiter, City of Boise Stan Ridgeway, City of Eagle John Evans, City of Garden City Joe Stear, City of Kuna Tammy de Weerd, City of Meridian Chad Bell, City of Star Scott Williams, Director of Ada County Operations Ted Hutchinson, Deputy Director of Solid Waste Kurt Hunt, Solid Waste Manager Kenneth Wall, Hazardous Materials Coordinator Theresa Rademacher, Business Analyst Justin McConnell, Environmental Systems Coordinator Mary Peru, Account Clerk Micah Munion, Environmental Systems Technician David Dyer, landfill Technician William "Billy" Martin, Landfill Technician s Cody Mendenhall, Landfill Technician ' Barbara Burkhardt, Cashier' et ti Kathy Hollandsworth, Cashier � , R.��rden Marna Poulson, Cashier,'' Cearah Munion, Cashier: Jay Camp, Cashier g' Douglas Cox, Construction Manager Solid Faste Management seeks to pro -actively naarrage County waste disposal, facilities, er fotce applicable codes, and provide i easonabl i priced and environillentalil; acceptable Methods for solid and &Zarcdous 2vastes reduction and di.posal for Corny residents and businesses. Services provided by the Division include: Division Fission Maintenance of a sanitary landfill for acceptance of wastes generated by County residents, ,r Operation of a permanent year-round facility for disposal of household and small business hazardous wastes, a Contractual oversight of the franchised trash collection in unincorporated Ada County ensuring compliance with trash pick-up, recycling and rates, e On-site recycling programs for wood, tires, automotive batteries, refrigerators and air conditioners, o Educational resource for local schools and service groups. Executive Summary Landfill Ecotion ics Ada County Is required, under State of Idaho laws and regulations, to maintain a municipal solid waste disposal system. To meet these obligations, Ada County established the Solid Waste Enterprise Fund for deveIopmentand operation of the disposal system. Charged with the responsibilities of complying with federal, state and local laws, rules and regulations, the County's Solid Waste Division oversees operation and management of the County's: • Landfill Cells --Hidden Hollow and North Ravine; • Household Hazardous Waste collection and disposal; • Electronic, Wood, and organics recycling; • Solid waste collection contract; and • 2,700 -acre multi -use Ada County Landfill Complex. As an enterprisefund, Solid Waste does not receive any supportfrom tax -dollars forthe activities of the division. Responsibilities are metthrough collection of userfees assessed atthe landfi I I gate, Those fees support all daily operations, payroll expense, long-term obligations (i.e,, landfill closure and post -closure care), capital improvements, special waste collections, and diversion and recycling programs (i.e., household hazardous waste management, electronic recycling, and organics recycling). Across the board, waste disposal volumes were fairly consistent over the last three years. Though the amount of waste has diminished, comparatively from historical levels, the amount of waste is remai ni ng steady and for fiscal year 2016 there was a slight increase to the amount of waste that the division brought in. Division revenues are generated mostly th rough waste volumes and expenditures have been adjusted to compensate forthe lower, yet steady, volumes, Some of the expenditures that the Landfill has incurred during Fiscal Year 2017 are: • Closed the Hidden Hollow Cell • Expanded the gas f I e I d to a I I ow for more gasfrom of Hidden Hol I ow to be extracted • New E -Waste Contractor • New Communications Tower • Upgraded the onsite server • Purchased new equipmentto ensure safe and effective operations 4 The Division Solid Waste, as a division of the Ada County Operations Department, functions underAda County's government. As such, the Operations Di rector reports to the Board of Ada County Commissions. All daily operational decisions are underthe discretion of the Deputy Director. Long-term plansforthe landfill are discussed with and approved by the Board of Ada County Commissioners. Although the Division has the large responsibility of ensuring properdisposal of Ada County's municipal solid waste, it does so with a staff of 16 —five of whom are part-time workers. To accomplish its responsibilities, goals and mission, the divisionQ consists of three functions identified by their primary objectives. The three divisions are Solid Waste, Hazardous Waste, and Environmental. Although the functions define the division of labor, the three functions are closely allied and coordinated to achieve the common objectives of environmentally and fiscaIIysound management of Ada County's municipal solid waste manage mentsystem. Sofid Waste The oversight of the daily operations and landfill activities fall under the Solid Waste division. This f unction works d i rectlywith the onsite contractors i n the daily receipt, placement and coverof thewaste into the landfill or through the wood -waste recycling area. EtivirounleuLai The Fnvironmentoldivision oversees operation and maintenance of the landfill -gas extraction system, I eachate collection and control systems, and other environmental facilities located atthe Hidden Hollow Sanitary Landfill. This function is also responsible for creating reports regarding systems function and operation. Hazardous Waste The Hazardous Waste d ivlsion oversees operation and maintenance of the County s hazardous materials collection program. This function works with the municipalities inthe Countyto provide a seamless program for proper disposal of household hazardous wastes. Engineering CH2M HILL, Inc, is the Division's engineering consuitant. They provide a full -range of engineering services that includes annual operations, surveying, rate-of-filIcaI cuIations, landfill gas system design, and support services. CH2M Hill operates under two different contracts, one for the operations of the landfill and anotherforthe environmental impact of the Iandfill.The operations contract resulted in $730,022.16 to CH2M Hill, Inc. For their services regarding the environmental contract CH2M Hill, Inc, received $190,760.73. In fiscal year 2017, the County paid CH2M HILL an accumulative $920,782,89 for their services for both the operations, and the environmental division, Organics Recycling Wood -waste recycling is a very popular and highly successful program at the landfill. Since 1994, landfill customers have been encouraged to separate their wood waste from their other waste for recycling. From its modest beginnings with 10,000 cubic yards of wood recycled the first year, the program has grown. 77,188 cubic yards of wood were recycled in fiscalyear2017, includingtheseasonal free Christmas tree disposal. The total weight for wood recycling and Christmas Trees exceeded 15,600 pounds. M.M. Demolition is the contractor for wood and organics recycling. The County pays this firm for material that is chipped and hauled away from the landfill; K/1 P%/1 Demolition is paid percubicyard and they received forwood recycling for fiscal year 2017was $585,199.80. Along with wood recycling, Ada County provides programs to encourage leaf and Christmas tree recycling, in the fall, residentscan bring their leaves tothe landfill at no charge during a six-week period, in addition, following Christmas, residents may bring thei r Chri stmas trees, free of charge, to the landfill for recycl i ng. Eve n though the contractor charges to dispose of both ofthese items the landfill absorbs the cost to dispose of them as part of a community service for Ada County residents, Onsite Recycling Flood Waste Recycling Forfiscalyear2017 the wood recycling program saw an increase in volume. With additional building in the area there was an increase of 9,000 cubicyards from the previous year, this was also seen i n the significant increase in construction and demolition waste brought to the landfill. Wood Waste Volume 2$0,000 �� �.----.. .---•r��r.�- ,�,.., 200,000- 15,0,000f T 100,000 r . 50,000 01 ow oo, do titi titi ti1�) titk �< pro do ,yo ,yo ,yo ,yo ,yo ,yo do ,yo ,yo ,vo 24 July -17 Outside Sales (with pickup/&trailer Dairy 19 August -17 Outside Sales (with pickup/&trailer Dairy 53 September -17 Outside Sales (with pickup/&trailer Dairy 32 October -17 Outside Sales (with pickup/&trailer Dairy 70 November -17 Outside Sales (with pickup/&trailer Dairy 51 December -17 Outside Sales (with pickup/&trailer Dairy 34 January -18 Outside Sales (with pickup/&trailer Dairy 23 February -18 Outside Sales (with pickup/&trailer Dairy 49 March -18 Outside Sales (with pickup/&trailer Dairy 71 April -18 Outside Sales (with pickup/&trailer Dairy 72 May -18 Outside Sales (with pickup/&trailer Dairy 93 June -18 Outside Sales (with pickup/&trailer Dairy 76 J0ly-17 Dairy CustomerSales-Varies 3 August -17 Dairy Customer Sales - Varies 32 September -17 Dairy Customer Sales - Varies 8 October -17 Dairy Customer Sales - Varies 52 November -17 Dairy Customer Sales - Varies 10 December -17 Dairy Customer Sales - Varies 61 January -18 Dairy Customer Sales - Varies 80 February -18 Dairy Customer Sales - Varies 29 March -18 Dairy Customer Sales - Varies 52 April -18 Dairy Customer Sales - Varies 34 May -18 Dairy Customer Sales - Varies 27 June -18 Dairy Customer Sales - Varies 44 July -17 Customer -RS Dairy 25 August -17 Customer -RS Dairy 38 September -17 Customer -RS Dairy 40 October -17 Customer -RS Dairy 102 November -17 Customer -RS Dairy 63 December -17 Customer -RS Dairy 34 January -18 Customer -RS Dairy 40 February -18 Customer -RS Dairy 25 March -18 Customer -RS Dairy 46 April -18 Customer -RS Dairy 55 May -18 Customer -RS Dairy 53 fi— 18 Customer -RS Dairy 70 July -17 Customer-ACLF Dairy 31 August -17 Customer-ACLF Dairy 42 September -17 Customer-ACLF Dairy 47 October -17 Customer-ACLF Dairy 36 November -17 Customer-ACLF Dairy 78 December -17 Customer-ACLF Dairy 64 January -18 Customer-ACLF Dairy 67 February -18 Customer-ACLF Dairy 73 March -18 Customer-ACLF Dairy 15 April -18 Customer-ACLF Dairy 23 May48 Customer-ACLF Dairy 13 June -18 Customer-ACLF Dairy 99 July -17 Customer -RS Grass Dairy 9 August -17 Customer -RS Grass Dairy 9 September -17 Customer -RS Grass Dairy 9 October -17 Customer -RS Grass Dairy 9 November -17 Customer -RS Grass Dairy 0 December -17 Customer -RS Grass Dairy 0 January -18 Customer -RS Grass Dalry 0 February -18 Customer -RS Grass Dairy 0 March -18 Customer -RS Grass Dairy 0 April -18 Customer -RS Grass Dairy 7 May -18 Customer -RS Grass Dairy 13 :mob f MR, w a .1 ... fmwmpdolkn 40 SW2tcil 11Y.Coa Zhtngzhou RoOly Ap, _1U'�1D-10 J�,�ev srgp�s � W o � Z��yTAc nao�°�o2 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D.C. 20460 Mrs. Rebecca A. Clemmer Regulatory Manager Unified Phosphorus, Inc. 630 Freedom Business Center, Suite 402 King of Prussia, PA 19406 OFFICE OF PREVENTION. PESTICIDES AND TOXIC SOBSTANCES NOV O 5 2009 RE: Notification to correction of emergency contact telephone number and to add Alternate Brand Name: Speekoz Tengard SFR One -Shot Termitieide/insecticide EPA Registration Number: 70506-6 Date of Submission: August 13, 2009 Dear Mrs, Clemmer: The Agency is in receipt of your Application. for Pesticide Notification under Pesticide Registration Notice (PRN) 98-10 dated, August 13, 2009, for the above mentioned product. The Regisiration Division (RD) has conducted a review of this request for its applicability under PRN 98-10 and finds that the actions requested fall within the scope of PRN 98-10. The label submitted with the application has been stamped "Notification" and will be placed in our records. If you have any questions, please me directly at 703-305-6249 or .Joyce Edwards of my staff at 703-308-5479. Sincerely, Linda. Arrington Notifications & Minor Formulations Team Leader Registration Division (7505P) Office of Pesticide Programs Please read instructions on reverse before completh..im 2dtl Form A ri ,OMB No. 2070.0060, A roval ex fres 9.31-98 United States Registration OPP Identifier Number IVaEnvironmental Amendment Protection Agency X Other Washington, DC 20460 Application for Pesticide - Section I 1. CompanylProduct Number 2. EPA Product Manager 3. Proposed Classification 70506-6 Richard Gebken � None Restricted 11 4, Company/Product (Name) PM # United Phosphorus, Inclren and SFR One -Shot 13 5. Name and Address of Applicant (Include ZIP Code) 6. Expedited Review. in accordance with FIFRA Section 3(c)(3) United Phosphorus, Inc. (b)(i), my product is similar or identical in composition and labeling 630 Freedom Business Center, Suite 402 to: King of Prussia, PA 19406 EPA Reg No. Check if this is a new address Product Name Section - II Amendment— Explain below Final printed labels in response to Agency letter dated Resubmission in response to Agency letter dated "Me Too" Application X Notification — Explain below Other— Explain below n llExxplllanation: Use additional page(s) if necessary. (For Section I and Section II.) Notification of Alternate Brand Name, and correction of emergency contact telephone number. This notification is consistent with the provisions of PR Notice 98-10 and EPA regulations at 40 CFR 152.46, and no other changes have been made to the labeling or the confidential statement of formula of this product. I understand that it is a violation of 18 U.S,C. Sec. 1001 to willfully make any false statement to EPA. I further understand that if this notification is not consistent with the terms of PR Notice 98-10 and 40 CFR 152.46, this product may be in violation of FIFRA and I may be subject to enforcement action and penalties under sections 12 and 14 of FIFRA, Section iII 1. Material This Product Will be Packaged in: Child -Resistant Packaging Unit Packaging Water Soluble Packaging 2. Type of Container Yes Yes Yes Metal HX No x No x No x N Plastic Glass *Certification must Paper if "Yes" No. per if "Yes" No, per be submitted Unit Packaging wgt. container Package wgt container Other (Specify) 3. Location of Net Contents Information 4. Size(s) Retail Container 5. Location of label directions Ex Label ❑ Container 1 quart, 1.25 gallon, 55 gallon x On Label On Label accompanying product 6. Manner in Which Label is Affixed to Product Lithograph, Other x Paper glued Stenciled Section iii 1. Contact Person (Complete items directly below for identification of individual to be contacted, if necessary, to process this application.) Name I Title Telephone No. (Include Area Code) Rebecca A. Clemmer Regulatory Manager 610-491-2828 Certification 6. Date Application I certify that the statements I have made on this form and all attachments thereto are true, accurate and complete. Received I acknowledge that any knowingly false or misleading statement may be punishable by fine or imprisonment or both under applicable law (Stamped) 2. Signature 3. Title .CL. Regulatory Manager 4. Typed Name S. Date - U:)JU JU JU:I )J.i Rebecca A. Clemmer August 10, 2009 0 J o U EPA Form 8570.1 (Rev. 8-94) Previous editions are obsolete. White — EPA File Copy (i)itc iiluil; YeIIuW;1 Apl;Jicant Copy o , ':1 •J ;1 •J ;j � J ! J J J i - JJ:eJ i/ .: J Tengard SFR One Shot m, :,� label Page 1 Tengarod SFR One -Shot Termiticide/Insecticide For use as an insecticide on ornamentals grown in interiorscapes, for perimeter insect control on lawns, ornamental trees and shrubs around residential, institutional, public, commercial and industrial buildings, parks, recreational areas and athletic fields, treatment of preconstruction lumber and logs, and for use on buildings/structures, For control of subterranean termites: For use by individuals/ firms licensed or registered by the state to apply termiticide products. States may have more restrictive requirements regarding qualifications of persons using this product, Consult the pest control regulatory agency of your state prior to use of this product. Active Ingredient Permethrin*.......................................................................................................36.8% Other Ingredients".......................................................................................63.2% TOTAL.............:..........................................................................................100.0% *cis/trans ratio: Max. 42% (*) cls and min. 5{ % (t) trans ** Contains petroleum distillates. Contains 3.2 pounds permethrin per gallon as an emulsifiable concentrate. KEEP OUT OF REACH OF CHILDREN CAUTION NOTICE: Before using this product, read the entire Precautionary Statements, Conditions of Sale and Warranty, Directions for Use, Use Restrictions and Storage and Disposal instructions inside booklet. If the Conditions of Sale and Warranty are not acceptable, return the product unopened within thirty days of purchase to the place of purchase. FOR CHEMICAL EMERGENCY: Spill, leak, fire, exposure, or accident call CHEIVITREC 1-800-424.9300 EPA Reg, Pio. 705066 EPA Est. No. is indicated by the first tetter of the batch number printed on this container: A -66196 -CA -1; 8=37429-GA•01 United Phosphorus Inc, Net Contents; 630 Freedom Business Center 1.25 Gallons (4.75 Liters) King of Prussia, PA 19406 1.800-438.6071 * www.upi-usa.com MRST AID IF SWALLOWED * Immediately call a poison control center or doctor * Do not induct vomiting unless told to do so by a poison control center or doctor * Do not give any liquid to the person * Do not give anything by mouth to an unconscious person IF ON SKIN OR * Take off contaminated clothing CLOTHING * Rinse skin immediately with,plenty of water for 15-20 minutes a Calla poison control center or doctor for treatment advice IF IN EYES Hold eye open and roue slowly and gently with water for 15-20 minutes. * Remove contact lenses, if present, after the first 5 minutes, then continue rinsing eye • Calla Roison control center or doctor for treatment advice IF INHALED * _ Move person to fresh air * If person is not breathing, call 911 or an ambulance, then give artificial respiration, preferably by mouth to mouth if possible • Calla 2oison control center or doctor for further treatment advice NOTE TO PHYSICIAN: Contains petroleum distillates —vomiting may cause aspiration pneumonia. For emergency medical assistance, contact the Rocky Mountain Poison Control Center at 1.866767.5089. NOTICE: Before using this product, read the entire Precautionary Statements, Conditions of Sale and Warranty, Directions for Use, Use Restrictions and Storage and Disposal instructions inside booklet. If the Conditions of Sale and Warranty are not acceptable, return the product unopened within thirty days of purchase to the place of purchase. FOR CHEMICAL EMERGENCY: Spill, leak, fire, exposure, or accident call CHEIVITREC 1-800-424.9300 EPA Reg, Pio. 705066 EPA Est. No. is indicated by the first tetter of the batch number printed on this container: A -66196 -CA -1; 8=37429-GA•01 United Phosphorus Inc, Net Contents; 630 Freedom Business Center 1.25 Gallons (4.75 Liters) King of Prussia, PA 19406 1.800-438.6071 * www.upi-usa.com C Page 2 �Z PRECAUTIONARY STATEMENTS. Hazards to Humans & Domestic Animals. CAUTION. Harmful if swallowed, inhaled or absorbed through skin. Avoid contact with skin, eyes or clothing. Avoid breathing vapor or spray mist. Wash thoroughly with soap and water after handling and before eating, drinking, chewing gum, or using tobacco Remove contaminated clothing and wash before reuse. Environmental Hazards This product is highly toxic to bees exposed to treatment and for 3 days following treatment. Do not apply this pesticide to blooming, pollen -shedding or nectar -producing parts of plants if bees may forage on the plants during this time period, The 3 day limitation does not apply if the applicator operates in a state with a formal, state -approved bee protection program, and the applicator follows all applicable requirements of the state -approved program designed to ensure that managed bees are not present in the treatment area during this time period. This product is extremely toxic to fish and aquatic invertebrates. Do not apply directly to water, or to areas where surface water is present or to intertidal areas below, the mean high water mark. Do not contaminate water by cleaning of equipment or disposal of equipment washwaters. Do not apply when weather conditions favor drift from treated areas. PhysicaWhemical Hazards Do not use or store near heat or open flame. DIRECTIONS FOR USE It is a violation of Federal Law to use this product in,a manner inconsistent with its labeling. States may have more restrictive requirements regarding qualifications of persons using this product. Consult your State Pest Control Regulatory Agency prior to use of this product. Do not allow people or pets on treated surfaces until the spray has dried. Do not touch treated surfaces until the spray has dried. GENERAL USE INFORMATION Important Tengard SFR is toxic to fish. Exercise care when making applications near ponds, lakes, streams, reservoirs and other aquatic environments where fish are present. Tengard SFR may also be used as abroadcast or spot application in crawl spaces and indoors to carpeting, wood, tile, concrete or other structural building materials as a crack and crevice injection, or paint -on treatment. Consult tables for specific use instructions. Tengard SFR can be applied to interior plantscapes, and landscape omamental gardens including parks, lawns and grounds. For advice concerning current control practices with relation to specific local conditions, consult your local State Cooperative Extension or regulatory agencies. Tengard SFR is formulated as an emulsifiable concentrate (EC) formulation and is to be diluted with water and applied as an emulsion. When tank mixing as an emulsion with other products, observe all precautions and limitations on the labels of each product in the mixture. Tengard SFR can be tank -mixed with pyrethrin-containing products or Insect Growth Regulators (IGRs). Do not tank mix with dichlorvos (DDVP) or other fumigant products, Do not tank mix when applied as a soil termiticide. Applications for the Control of Subterranean Termites General Application Instructions Tengard SFR acts as an insecticidal barrier to control and prevent subterranean termite (Coprolermes, Nelerarermes, Rericulitermes and Zoofeimopshv) infestations in and around structures. For effective cpntrol the insecticide emulsion must be adequately dispersed in the soil to establish a barrier between the structure and the termites in the soil. To establish an effective insecticidal barrier with this product the proper control practices and application techniques should be selected by a trained service technician familiar with current termite control practices. When treating adjacent to an existing structure, the applicator must check the area to be treated, and immediately adjacent areas of the structure, for visible and accessible cracks and holes to prevent any leaks or significant exposures to persons occupying the structure. People present or residing in the structure during application must be advised to remove their pets and themselves from the structure if they see any signs of leakage. After application, the applicator is required to check for leaks. All leaks resulting in the deposition of termiticide in locations other than those prescribed on this label must be cleaned up prior to leaving the application site. Do not allow people or pets to contact contaminated areas or to reoccupy contaminated areas of the structure until the clean up is completed. When applying Tengard SFR indoors, procedures should include structural design consideration and variable post -application effects from heating, ventilation and air conditioning systems (HVAC) Page 3 Outdoor application procedures should include consideration of such variable factors effected by soil type, soil compaction, grade conditions, utilities and; location and type of domestic water supply. Contamination of public and private water supplies must be avoided by using anti -backflow equipment or procedures to prevent siphonage of insecticide into water supplies. . Do not contaminate wells or cisterns. STRUCTURES WITH WELLSJCISTERNS INSIDE FOUNDATIONS Structures that contain wells or cisterns within the foundation of a structure can only be treated using the following techniques: (1) Do not treat soil while it is beneath or within the foundation or along the exterior perimeter of a structure that contains a well or cistern. The treated backfill method must be used if soil is removed and treated outside/away from the foundation. The treated backfill technique is described as follows: (a) Trench and remove soil to be, treated onto heavy plastic sheeting or similar material or into a wheelbarrow. (b) Treat the soil at the rate of 4 gallons of dilute emulsion per 10 linear feet per foot of depth of the trench, or I gallon per 1.0 cubic feet of soil, See Mixing Directions section of the label. (c) After the treated soil has absorbed the diluted emulsion, replace the soil into the trench. (2) Treat infested and/or damaged wood in place using an injection technique such as described in the Control of Wood Infesting Insects section of this label. STRUCTURES WITH ADJACENT WELLS/CISTERNS AND/OR OTHER WATER BODIES Applicators must inspect all structures with nearby water sources such as wells, cisterns, surface ponds, streams, and other bodies of water and evaluate, at a minimum, the treatment instructions listed below prior to making an application. (1) Prior to treatment, if feasible, expose the water pipe(s) coming from the well to the structure, if the pipe(s) enter the structure within 3 feet of grade, (2) Prior to treatment applicators are advised to take precautions to limit the risk of applying the tertniticide into subsurface drains that could empty into any bodies of water. These precautions include evaluating whether application of the termiticide to the top of the footer may result in contamination of the subsurface drain. Factors such as depth to the drain system and soil type and degree of compaction should be taken into account in determining the depth of treatment. (3) When appropriate (i.e., on the water side of the structure), the treated backfill technique (described above) can also be used to minimize off-site movement of termiticide. Application Rate: Use a 0.5% emulsion for subterranean termites. For other pests on the label use specific listed rates. The dilute pesticide emulsion must be adequately dispensed in the soil to establish a barrier between the wood and the termites in the soil. As a good practice: 1) all non-essential wood and cellulose -containing materials should be removed from around foundation wall's, crawl spaces and porches; 2) eliminate termite access to moisture by repairing faulty plumbing and/or construction grade. Soil around untreated structural wood in contact with soil should be treated as described below. To establish an effective insecticidal barrier with this product, the service technician must be familiar with current termite control practices such as: trenching, rodding, sub -slab injection, coarse fan spraying of soil surfaces, crack and crevice (void) injection, excavated soil treatment, and brush or spray applications to infested or susceptible wood. These techniques must be correctly employed to prevent or control infestations to subterranean termites such as Coptotermes, Heterotermes, Reticulitermes, and Zootermopsis. The biology and behavior of the species involved should be considered by the service technician in determining which control practices to use to eliminate or prevent termite infestation. Important: Contamination of public and private water supplies must be avoided by following these procedures: Use anti -backflow equipment or procedures to prevent siphonage of insecticide into water supplies. Do not contaminate cisterns or wells. Do not treat soil that is water saturated or frozen or in any conditions where runoff or movement from the treatment area (site) is likely to occur. Do not treat while precipitation is occurring. Do not apply to drainage systems such as sumps, french drains, leach beds or other effluent discharge systems. Follow all State and Local specifications for recommended treatment distances of wells. and aquatic habitat. All holes in commonly occupied areas into which material has been applied must be plugged. Plugs must be of a non -cellulose material or covered by an impervious, non -cellulose material. Note: Crawlspaces are considered inside of structure. i Page 4 WI Critical Areas: Critical areas include areas where the foundation is penetrated by utility services, cracks and expansion joints, bath traps and areas where cement constrictions have been poured adjacent to the foundation such as stairs, patios, and slab additions. Mixing Directions Page S lv'l Mixing Instructions: To produce an emulsion, mix Tengard SFR with water only, For the desired application rate, use the chart below to determine the amount of product required for a given volume of finished emulsion. Tengard SFR RatefVolume Conversion Chart Desired Gallons of Finished Emulsion Emulsion Concentration (Tengard SFR + Water 0,5% 1.0% 2.0% 1 12/3 fl, oz. + 126 1/3 fl. oz, water 3 1/3 fl. oz. + 124 2/3 D. oz. Water 6 2/3 fl. oz. + 121 1/3 fl. oz. water 5 8 1/3 fl. oz. + 4 gal, 119 2/3 fl. oz. water 16 2/3 fl- oz. + 4 gal, 111 1/3 fl. oz. Water 33 1/3 fl. oz. + 4 gal, 94 2/3 fl, oz. water 10 16 2/3 fl, oz. + 9 gal, 1.11 i/3 fl, oz. water 33 1/3 fl. oz. + 9 gal, 94 2/3 fl. oz. Water 66 2/3 fl. oz. + 9 gat, 61 1/3 fl. oz. water 19 0.25 gal + 18.75 gal water 0.5 gal + 18.5 gal water 1.0 gal + 18 gal water 38 0.50 gat + 37.5 gal water 1.0 gal + 37 gal water 2.0 gal + 36 gal water 58 0.75 gal + 57.25 gal water 1.5 gal + 56.5 gal water 3.0 gal + 55 gal water 96 1.25 gal + 94.75 gal water 2.5 gal + 93.5 gal water 5.0 gal + 91 gal water 192 2.5 gat + 189.5 gal water 5.0 gal + 187 gal water 10.0 gal + 182 gal water * See Application Volume Considerations section for Pre- & Post-Consiruction Applications below. Common Units of Measure: 1 pint= 16 fluid ounces (oz.) 1 gallon = 4 quarts = 8 pints = 128 oz. Mix the termiticide use dilution in the following manner: 1. Fill tank 1/4 to 1/3 full. 2. Start pump to begin by-pass agitation and place end of treating tool in tank to allow circulation through hose. 3. Add appropriate amount of Tengard SFR. (See Rate[Volume Conversion Chart) 4. Add remaining amount of water. 5. Let pump run and allow recirculation through the hose for 2 to 3 minutes. Application Volume: To provide maximum control and protection against termite infestation apply the specified volume ofthe finished water emulsion and active ingredient as set forth in the directions for use section of this label. If soil will not accept the labeled application volume, the volume may be reduced provided there is a corresponding increase in concentration so that the amount of active ingredient applied to the soil remains the same. NOTE: Large reductions of application volume reduce the ability to obtain a continuous barrier. Variance is allowed when volume and concentration are consistent with label directed rates and a continuous barrier can still be achieved. Pre- and Post -Construction Applications Application Volume Considerations: Adjustments to application volumes are often needed to ensure thorough and complete coverage in different soil types while keeping the application rate as close as possible to the specified labeled use rate. Certain types of soils, such as clay, require lower volumes of water due to their low permeability characteristics. In such cases reduced volumes of emulsion can be used while still delivering the necbssary concentration of termiticide to the soil (see Rate/Volume Conversion Chart above). Application Volume Adjustments: Where necessary to reduce the application volume for pre- and post -construction treatments, the volume of a 1.0% emulsion may be reduced by 1/2 the labeled volume or a 2.0% emulsion may be applied at 1/4 the labeled volume (see Volume Adjustments for Horizontal and Vertical Applications), Pre -Construction Treatment Do not apply this product as a pre -construction treatment in the state of Florida, Tengard SFR may be applied as a vertical and/or horizontal insecticidal barrier to control or prevent infestation of subterranean termites using a O.S% emulsion. Prior to each application, applicators must notify the general contractor, construction superintendent, or similar responsible party, of the intended termiticide application and intended sites of application and instruct the responsible person to notify construction workers and other individuals to leave the area to be treated during application and until the termiticide is absorbed into the soil. DO NOT APPLY AT A LOWER DOSAGE AND/OR CONCENTRATION THAN SPECIFIED ON THIS LABEL FOR APPLICATIONS PRIOR TO THE INSTALLATION OF THV FINISHED GRADE, f Page 6 `. g When treating foundations deeper than 4 feet, apply the termitieide as the backfill is being replaced, or if the construction contractor fails to notify the applicator to permit this, treat the foundation to a minimum depth of 4 feet after the backfill has been installed. The applicator must trench and rod into the trench or trench along the foundation walls and around pillars and other foundation elements, at the rate prescribed from grade to a minimum depth of 4 feet. When the top of the footing is exposed, the applicator must treat the soil adjacent to the footing to a depth not to exceed the bottom of the footing. However, in no case should a structure be treated below the footing. Horizontal Barrier: Pre -construction horizontal termiticide barrier applications are most commonly made to soil that will be covered (i.e., concrete slabs and footings, porches, stairs and crawl spaces). Using a coarse spray nozzle at low pressure (less than 50 psi) apply 1 gallon of a 0.5% emulsion per 10 square feet. If fill consists of gravel or other coarse material use a rate of 1.5 gallons of a 0.5% emulsion per 10 square feet (see Volume Adjustment Chart below). If more than 24 hours is expected between the time of application and pouring of the concrete, it is recommended that the site be covered with a waterproof barrier (polyethylene). Vertical Barrier: Vertical barriers must be established in areas such as around the base of foundations, plumbing, utility entrances, backfilled soil against foundation walls, and other critical areas. For a 0.5% rate, apply 4 gallons of dilution per 10 linear feet per foot ofdepth or 6.4 fluid ounces of Tengard SFR per 10 linear feet of depth from grade to top of footing in sufficient water (no less than 2 gallons or more than 8 gallons) to ensure complete coverage. 1. When trenching and rodding into the trench or trenching, it is important that emulsion reaches the top of the footing. Rod holes must be spaced so as to achieve a continuous insecticidal barrier, but in no case more than 12 inches apart. 2. Care should be taken to avoid soil wash-out around footing. 3, Trenches need not be wider than 6 inches. Emulsion should be mixed with the soil as it is being replaced in the trench. 4. For a monolithic slab, an inside vertical barrier may not be required Hollow block voids may be treated at a rate of 2 gallons of emulsion per 10 linear feet so that the emulsion will reach the top of the footing. Volume Adjustments for Horizontal and Vertical Tengard SFR Applications Application Rate Application Type 0.5% Emulsion 1.0% Emulsion 2.0%" Emulsion Horizontal(gallons per 10 square ft 1.0 0.5 0.25 Vertical(gallons per10linear ft. 4.0 2.0 1.0 * Not recommended for subslab injection Post -Construction Treatment Apply Tengard SFR by injection, rodding and/or trenching.as a 0.5% emulsion for post -construction treatment. Do not use excessive pressure (above 25 psi) when injecting to avoid soil wash-out around the foundation. Do not apply emulsion until location of wells, radiant heat pipes, water and sewer lines, and electrical conduits are known and identified. Care must be taken to avoid puncturing and injection into these elements. Foundations: For applications made after the final grade is installed, the applicator must trench and rod into the trench or trench along the foundation walls and around pillars and other foundation elements, at the rate prescribed from grade to the top of the footing. When the footing is more than four (4) feet below grade, the applicator must trench and rod into the trench or trench along the foundation walls at the rate prescribed to a minimum depth of four feet. The actual depth of treatment will vary depending on soil type, degree of compaction, and location of termite activity. When the top of the footing is exposed, the applicator must treat the soil adjacent to the footing to a depth not to exceed the bottom of the footing. However, in no case should a structure be treated below the footing. Treating Slabs: Vertical barrier applications may be established by sub -slab injection within the structure and rodding and trenching! or trenching outside using a treatment rate of 4 gallons of emulsion per 10 linear feet per foot of depth. If necessary, adjust the spacing of.the drill holes, or volume required (see Volume Adjustment Chart above) for adequate dispersal of the emulsion in the slab sub -soil. Note: Sub -slab volume adjustments greater than 1% are not recommended. Treatment should not extend below the bottom of the footing. Treat along the outside of the foundation and where necessary beneath the slab on the inside of the foundation walls. Treatment may also be required beneath the slab along both sides of interior footing -supported walls, one side of interior partitions and along all cracks and expansion joints. Horizontal barriers may be established where necessary by long -rodding or by grid pattern injection vertically through the slab. Plug all holes in the interior structure after injection, 1. Drill holes in the slab and/or foundation to allow for the application of a continuous insecticidal barrier no more than 12 inches apart. Page 7 For shallow foundations (1 foot or less) dig a narrow trench approximately 6 inches wide along the outside of the foundation walls. Do not dig below the bottom of the footing. The emulsion should be applied to the trench and soil at 4 gallons per 10 linear feet per foot of depth as the soil is replaced in the trench. 3. For foundations deeper than 1 foot follow the rates for basements. 4. Exposed soil in bath traps may be treated with a 0.5% emulsion. Basements and Crawl Spaces Basements Where the footing is greater than 1 foot in depth from grade to the bottom of the foundation, application must be made by trenching and rodding into this trench, or injecting at the rate of 4 gallons of emulsion per 10 linear feet per foot of depth. When the footing is more than 4 feet below grade, the applicator may trench and rod into the trench, or trench along foundation walls at the rate prescribed for 4 feet of depth. Rod holes must be spaced so as to achieve a continuous termiticide barrier, but in no case more than 12 inches apart. The actual depth of treatment will vary depending on soil type, degree of compaction, and location of termite activity. However, in no case should a structure be treated below the footing. Sub -slab injection may be necessary along the inside of foundation walls, along cracks and partition walls, around pipes, conduits, piers, and along both sides of interior footing -supported walls. Accessible Crawl Spaces For crawl spaces, apply vertical termiticide barriers at the rate of 4 gallons of emulsion per 10 linear feet per foot of depth from grade to the top of the footing, or if the footing is more than 4 feet below grade, to a minimum depth of 4 feet. Apply by trenching and rodding into the trench, or trenching. Treat both sides of foundation and around all piers and pipes. Where physical obstructions, such as concrete walkways adjacent to foundation elements, prevent trenching, treatment may be made by rodding alone. When soil type and/or conditions make trenching prohibitive, rodding may be used. When the top of the footing is exposed, the applicator must treat the soil adjacent to the footing to a depth not to exceed the bottom of the footing. Read and follow the mixing and use direction section of the label if situations are encountered where the soil will not accept the full application volume. t) Rod holes and trenches must not extend below the bottom of the footing. 2) Rod holes must be spaced so as to achieve a continuous chemical barrier but in no case more than 12 inches apart. 3) Trenches must be a minimum of 6 inches deep or to the bottom of the footing, whichever is less, and need not be wider than 6 inches. When trenching in sloping (tiered) soil, the trench must be stepped to ensure adequate distribution and to prevent termiticide from running off. The emulsion must be mixed with the soil as it is replaced in the trench. 4) When treating crawl spaces, tum off the air circulation system of the structure until application has been completed and all termiticide has been absorbed by the soil. Inaccessible Crawl Spaces For inaccessible interior areas, such as areas where there is insufficient clearance between floor joists and ground surfaces to allow operator access, excavate, if possible, and treat according to the instructions for accessible crawl spaces. Otherwise, apply one, or a combination of the following two methods. 1) To establish a horizontal barrier, apply to the soil surface, I gallon of emulsion per 10 sq. R. overall using a nozzle pressure of less than 25 p.s.i. and a coarse application nozzle (e.g., Delavan Type RD Raindrop, RD -7 or larger, or Spraying Systems Co. 80IOLP TeeJet or comparable nozzle). For an area that cannot be reached with the application wand, use one or more extension rods to make the application to the soil. Do not broadcast or powerspray with higher pressures. 2) To establish a horizontal barrier, drill through the foundation wall or through the floor above and treat the soil perimeter at a rate of 1 gallon of emulsion per 10 square feet. Drill spacing must be at intervals not to exceed 16 inches. Many states have smaller intervals so check state regulations which may apply. When treating crawl spaces, turn off the air circulation system of the structure until application has been completed and all termiticide has been absorbed by the soil. It is highly recommended that prior to treatment, inadequately ventilated crawl spaces be brought into compliance with FHA Minimum Propatty Standards specifying l square foot of ventilator opening per 150 square feet of crawl space area. When treating crawl spaces with plenums, tum off all air circulation systems for the structure until application has been completed and all termiticide has been absorbed by the soil. Wear respiratory protection when treating crawl spaces. Masonry or Hollow Block Voids: Drill and treat voids in multiple masonry elements of the structure extending from the structure to the soil in order to create a continuous treatment barrier in the area to be treated. Apply at the rate of 2 gallons of emulsion per 10 linear feet of footing using a nozzle pressure of less than 25 p.s.i. When using this treatment, access holes must be drilled below the sill plate and should be as close as possible to the footing as is practical. Care should be exercised not to drill entirely through and into. the structure. Treatment of voids in block or rubble foundation walls must be closely examined. Applicators must inspect areas of possible runoff as a precaution against application leakage in the treated areas. Some areas may not be treatable or may require mechanical alteration prior to treatment. All leaks resulting in the deposition of termiticide in locations other than those prescribed on this label must be cleaned up prior to leaving the application site. Do not allow people or pets to contact contaminated areas or to reoccupy the contaminated areas of the structure until the clean up is completed. In treating voids containing rigid foam insulation, holes must be drilled through the sillplate and through the foam to the base of the footing before the emulsion is applied. CPage 8 VX Use low pressure to ensure penetration of the emulsion into the void area between the base of the foam and footer. Slowly remove the spray rod as the emulsion is being delivered, avoiding excess buildup in the foam insulation. Note: When treating behind veneer, care should be taken not to drill beyond the veneer. if concrete blocks are behind the veneer, both the blocks and the veneer may be drilled and treated at the same time. Excavation Technique: If treatment must be made in difficult situations, such as near wells, cisterns, along fieldstone or rubble walls, along faulty foundation walls, or around pipes and utility lines which lead downward from the structure to a well or pond, application may be made in the following mammec a. Trench and remove soil to be treated onto heavy plastic sheeting or similar material. b. Treat the soil at the rate of 4 gallons of emulsion per 10 linear feet per foot of depth of the trench, Mix the emulsion thoroughly into the soil taking care to prevent liquid from running off the liner. C. After the treated soil has absorbed the liquid emulsion, replace the soil in the trench. Prior to using this technique near wells or cisterns, consult state, local or federal agencies for information regarding approved treatment practices in your area. Foam Applications Tengard SFR emulsion may be converted to a foam, and the foam used to control and prevent termite infestation. When applying the product as either a foam application alone, or in combination with an emulsion treatment, do not exceed the maximum -labeled application rate. Exercise care and safety around electrical utilities. Note location of electrical sources prior to foaming voids to avoid possible shock hazard. Localized Application Foam may be used to treat voids to control or prevent localized infestations of. termites, ants, bees, wasps or other arthropods harboring in voids. Application may be made to voids such as: behind veneers, piers (concrete or wood), chimneys, into rubble and stone foundations, into block voids, structural voids (i.e., between stud walls), poles, stumps, and wood in crawlspaces using either the foam alone or in combination with liquid emulsion. Note location of electrical sources prior to foaming voids to avoid possible shock hazards. Application Under Slabs or to Soil in Crawlspaces to Prevent or Control Termites Application may be made using Tengard SFR foam alone or in combination with liquid emulsion. The equivalent of at least 4 gallons (6.4 oz. of Tengard SFR concentrate) of 0.5% emulsion per 10 linear feet (vertical barrier), or at least 1 gallon (1.6 oz. of Tengard SFR concentrate) of 0.5% emulsion per 10 square feet (horizontal barrier) must be applied either as emulsion, foam, or a combination of both. For a foam only application, apply Tengard SFR concentrate in sufficient foam concentration and foam volume to deposit 6.4 oz. of concentrate per 10 linear feet or 1.6 oz, of concentrate per 10 square feet, For example, 1 gallon of 2% emulsion generated as foam to cover 10 linear feet is equal to the application of 4 gallons of0.5% emulsion per 10 linear feet. Foam and liquid application must be consistent with volume and active ingredient instructions in order to ensure proper application has been made. The volume and amount of active ingredient are essential to an effective treatment. At least 75% of the labeled liquid emulsion volume of product must be applied, with the remaining percent delivered to appropriate areas using foam application. Refer to label and use recommendations of the foam manufacturer and the foaming equipment manufacturer. Foam applications are generally a good supplement torliquid treatments in difficult areas, but may be used alone in difficult spots. Sand Barrier Installation and Treatment Termites can build mud tubes over treated surfaces as long as they have access to untreated soil and do not have to move Tengard SFR -treated soil. Fill in cracks and spaces with builder's or play box sand and treat the sand with Tengard SFR. The sand should be treated as soil following the termiticide rates listed on the Tengard SFR label. Retreatment Intervals Retreatment for subterranean termites can only be performed if there is clear evidence of reinfestation or disruption of the barrier due to construction, excavation, or landscaping and/or evidence of the breakdown of the termiticide barrier in the soil. These vulnerable or reinfested areas may be retreated in accordance with application techniques described in this product's labeling. The timing and type of these retreatments will vary, depending on factors such as termite pressure, soil types, soil conditions and other factors which may reduce the effectiveness of the barrier. Annual retreatment of the structure is prohibited unless there is clear evidence that reinfestation or barrier disruption has occurred Pest Control Specialty Applications General Application Instructions Tengard SFR has demonstrated excellent plant safety; however, not all cultivars have been tested. Before treating large numbers of plants of a particular cultivar, treat a few plants and observe prior to full scale application. Use the higher rates for heavy pest infestations. Use sufficient volume to cover plant surface. Higher volumes should be used if arid or drought conditions exist. Repeat applications as necessary to maintain control. Do not apply more than 2.0 lb, a.i./Acre/Year for lawn and ornamental use. -� Page 9 Spray Drift Precautions: Tengard SFR may be applied by most conventional ground application sprayers. Exercise care not to apply when wind velocity favors non -target movement or temperature inversions. Do not apply by air. Do not apply within 25 feet of lakes, reservoirs, rivers, permanent streams, marshes or natural ponds, estuaries, and commercial fish ponds. Underground Structures and Services Posts, Poles, and Other Constructions: Previously installed poles and posts may be treated by sub -surface injection. Treat on all sides to create a continuous insecticidal barrier around the pole. Use I gallon of a 0.5% emulsion per foot of depth for poles and posts less than six inches in diameter. For larger poles, use 1,5 gallons of emulsion per foot of depth. Apply to a depth of 6 inches below the bottom of the wood, For larger diameter constructions, use 4 gallons of emulsion per 10 linear feet per foot of depth. To control wood infesting insects, such as, termites, ants, carpenter ants, wood infesting beetles (Old House Borer, Powder Post), bees, wasps, homers and yellow -jackets in posts, poles and other wood constructions in and around structures, paint on, spot spray, or fan spray a 0.5% emulsion to voids and galleries in damaged wood and in spaces between wooden members of a structure and between wood and foundation where wood is vulnerable. Plastic sheeting must be placed immediately below overhead areas that are spot treated except for soil surfaces in crawlspaces. Application may be made to inaccessible areas by drilling, and then injecting emulsion with a crack and crevice injector into the damaged woad or void spaces. This type ofapplication is not intended to be a substitute for soil treatment, mechanical alteration or fumigation to control extensive infestation of wood -infesting insects. Control of Bees and Wasps Indoors: To control bees, wasps, homets, and yellowjackets apply a 0.5% emulsion. Application should be made in the late evening when insects are at rest, Spray liberally into hiding mid breeding places, especially under attic rafters, contacting as many insects as possible, Repeat as necessary. Termite carton nests in trees or building voids may be injected with 0.5% to 1.0% emulsion. Multiple injection points to varying depths may be necessary. It is desirable to physically remove carton nest material from building voids when such nests are found. Important; Do not apply emulsion until location of heat pipes, ducts, water and sewer lines and electrical conduits are known and identified. Care must be taken to avoid puncturing and injection into these structural elements. Do not apply into electrical fixtures, switches, or sockets. Services: Tengard SFR may be applied as a soil treatment to control termites and ants from attacking underground services, such as, utility lines, pipes, cables, conduits and wires. Apply 2 to 4 gallons of a 0.5% emulsion per 10 linear feet to the bottom of the trench and allow to soak into the soil. Lay services on the treated soil and cover with approximately 2 inches of fill soil. Apply another 2 to 4 gallons per 10 linear feet over the soil surface to complete the treatment barrier. Volume adjustments fornon-poroussoils can be made by using I to 2 gallons of a 1.0% emulsion per 10 linear feet of trench. Do not treat electrically active underground services Pest Control on Outside Surfaces and Around Buildings Broadcast Treatment for Control of Nuisance Pests: Apply using a 0.5% emulsion as a residual spray to outside surfaces of buildings including, but not limited to, exterior siding, foundations, porches, window frames, eaves, patios, garages, and refuse dumps. Lawns: Tengard SFR can be applied to lawns adjacent to or around private homes, duplexes; townhouses, condominiums, house trailers, apartment complexes, carports, garages, fence lines, storage sheds, barns, residential structures, commercial and institutional buildings, and other areas where pests congregate or have been seen. Repeat treatment as necessary to maintain effectiveness. Perimeter Treatment: Apply a band application 6 to 10 feet wide around and adjacent to the structure. Also, treat the base of the structure to a height of 2 to 3 feet. Use a spray.volume of2 to 10 gallons of emulsion per 1000 square feet. If mulch or debris is present, a higher volume application rate may be needed to ensure adequate coverage. Treat the base of the structure to prevent insects from entering the structure. Pests Under Slabs: Ants, cockroaches, scorpions and other nuisance pests inhabiting under paved areas may be controlled by drilling and injecting or horizontal rodding and then injecting 1 gallon of a 0.5% to 1.0% emulsion per 10 square feet or 2 gallons per 10 linear feet. . Pest Control in Crawlspaces: Tengard SFR may be applied at a rate of 0.5% in crawlspaces to control ants, fleas, roaches, scorpions, or other nuisance insects listed in the table below. For proper termite directions see section on Applications for the Control of Subterranean Termites. Treat surfaces until wet. Keep children and pets off surface until dry. C Page 10 Insect Pests Controlled by Tengard SFR PEST SPECIFIC APPLICATION INSTRUCTIONS Ants Application: Apply as a pinstream, as a fine/coarse, low pressure spray (20 psi Ant Mounds' or less), as a spot treatment or with a paintbrush. Treat where pests are found or Armyworm entry points of the structure such as window and door frames and along the Bark Beetles' foundation. Bees Beetles 'Mound Drench Treatment: Apply 1.2 gallons of emulsion to each mound area Borers' by sprinkling the mound until it is wet and treat a 4. foot diameter circle around Boxelder Bugs' the mound. Use the higher volume for mounds larger than 12". For best results, Carpenter Ants apply in cool weather, such as in early morning or late evening hours, but not in Carpenter Bees the heat of the day. Centipedes 'Boxelder Bugs, Elm Leaf Beetles and Gypsy Moth Caterpillars: Thoroughly Chinchbugs4 spray tree trunks, building siding or wherever pests congregate, but not to the Cockroaches point of runoff. Cockroaches (Asian) 'Borers and Bark Beetles: To prevent infestation of trees and woody Crickets ornamentals, thoroughly spray the bark but not to the point of runoff. Earwigs Elm Leaf Beetles' 'Lawns; Mix 0.4 — 0.8 fl, ox. of Tengard SFR in 4 to 25 gallons of water per Fire Ants 1000 square (eet. Use the higher rate for fast knockdown and increased residual Fleas' control. Dense or excessive (greater than 3 inches) )awn height and arid Flies conditions may require highervolume application rates, Repeat application if Firebrats necessary. Application in combination with compatible surfactants or wetting Ground Beetles agents may enhance penetration. Gypsy Moths (adults & caterpillars)' Millipedes Mote Crickets Pillbugs Scorpions Silverfish Sod Webworm Sowbugs Spiders Ticks (including Deer Tick and Western Black - legged Tick which may carry Lyme disease and Rocky Mountain Spotted Fever)' Wasps Lawn and Ornamental Applications General Application Instructions Tengard SFR may be used to control insect pests on ornamentals, )awns, trees, shrubs, and vines in landscape areas around residential, public, institutional, commercial and industrial buildings, and on plants intended for aesthetic purposes in interior gardens and plantscapes. Not for use on plants being grown for commercial sale or on plants grown for seed production. Tengard SFR has demonstrated excellent plant safety; however, not all cultivars have been tested. Before treating large numbers of plants of a particular cultivar, treat a few plants and observe prior to full scale application. Use the higher rates for heavy pest infestations. Use sufficient volume to uniformly cover plant surface. Higher volumes should be used if aid or drought conditions exist. Do not apply more than 2.0 ib, a.i./AcreNear. Annliention Rates far Ornamental Plante and Treac PLANT PEST TREATMENT RATE SPECIFIC APPLICATION INSTRUCTIONS ~) Page 11 Ornamental Plants, Ants 4 to 8 Apply sufficient volume of water to adequately foliage and flowering Aphids Fluid Ounces cover foliage. plants, evergreens, woody Bagworm Per and herbaceous.non-edible Beet Armyworm 100 gallons Use higher rate for moderate to high ornamentals and non- bearing plants of fruiting Birch Leafminer —or— infestations. species in landscaped areas Cabbage Looper Cankerworms Broadcast 0.9 to 1,8 Direct application to blooms may cause around industrial, Citrus Thrips Fluid Ounces browning of petals. Marginal leaf burn may residential and commercial Coneworms* Per 10,000 sq, ft. occur on Salvia. Dieffenbachia and Pteris Fem. buildings, non -crop, and, Fungus Gnat for treatment of plants Gypsy Moth Caterpillars *For control of eonewonns, Nantucket pine tip intended for aesthetic Heliothis s pp' moth and seed bugs in evergreens: Begin purposes in interior Japanese Beetles application when adults appear. Repeat gardens and plantscapcs. Lace Bug applications may be made on 5-7 day intervals Leaf Feeding as needed. To control Webbing Coneworms Caterpillars make first application just prior to peak pollen Leafhoppers flight. To control other Coneworms and Seed Leafminers Bugs, make application 30 days following Leaf rollers flower closure. Mix 8 oz. in 100 gals. of water Lygus Bugs and apply 5 to 10 gals, of spray per pee. Mealybugs Nantucket Pine Tip Moth* Pine Sawflias Plant Bugs Root Weevils (Adult) Seed dugs* Tent Caterpillars Webworm; Whiteflies Ziutmrfman Pine Moth Apply to the lower branches and trunks prior to Ornamental Trees Clearwing Moth Borers I to 2 gVAM per 100 gallons adult emergence. Ash Borer, Banded ash Clearwing, Dogwood boter, Adult emergence varies according to pest Lesser peachtrea borer, species, host tree, environmental conditions and Lilac borer, Oak borer, geographic location. Peachtree borer, Rhododendron barer 'Thorough coverage of bark is required for control. Bark Beetles 2 to 5 quarts per 100 gallons Dendroctonus spp., Ps i app., Elm bark beetles, Mountin pine beetle, Pine engravers, Turpentine beetles, Western Pine beetle Coleopteran borers 2 to 5 quarts per 100 Bronz birth borer, gallons Flatheadcd appletree borer For maximum residual 5.35 quaris per 1.00 gallons control of the above listed pests Application Rates for Lawns SP PLANT PEST TREATMENT RA'C'E ECIFIC APPLICATION INSTRUCTIONS Page 12 Lawns around residential, Ants 0.4 to 0.8 Apply using 4 — 25 gallons of spray volume. commercial, industrial, Chinehbugs Fluid Ounces 1600 square feet to infested areas such as crawl spaces, rugs, carpets, pet beds and other pet resting institutional, Pillbugs per Subsurface Injection: For flushing of mole and public areas Fleas 1000 Square Feet crickets, subsurface injection may be used as a Mole Crickets flush treatment in conjunction with an EPA - Sod Webwomt registered mole cricket control product. Inject 0.2 Ticks (including Deer Tick to 0.8 fluid ounces of Tengard SFR per 1000 and Western Black -legged square feet. Tick which may carry Lyme disease and Rocky Observe precautions and restrictions on more Mountain Spotted Fever) restrictive label. Do not exceed label rates for these products. Do not mix products with label For additional posts prohibitions against such mixing controlled, consult the list of pests under Outside Surfaces and Around Buildings. Indoor Applications Pest Control Indoors (Non-Food/Feed Areas): Inside residential homes and the non-food/feed areas of commercial establishments including garbage rooms, lavatories, floor drains (to sewers), entries and vestibules, offices, locker rooms, machine rooms, garages, mop closets, packaged goods storage areas and other non-food/feed areas of Food Handling Establishments. Use Tengard SFR to control pests listed in the following table by application of a 0.5% emulsion. Do not use in food/feed areas of food/feed handling establishments, restaurants or other areas where food/feed is commercially prepared or processed. Do not use in serving areas while food is exposed or facility is in operation. Serving areas are areas where prepared foods are served such as dining rooms, but excluding areas where foods may be prepared or held. In the home, all food processing surfaces and utensils should be covered during treatment or thoroughly washed before use. Exposed food should be covered or removed. Not for use in Federally Inspected Meat and Poultry Plants. Common Indoor Insect Pests Controlled by Tengard SFR PEST SPECIAL APPLICATION INSTRUCTIONS Fleas Prior to treatment, carpets and furniture should be vacuumed thoroughly and vacuum cleaner bag discarded in an outdoor trash container. Evenly apply a broadcast spray at a rate of I gallon per 800 to 1600 square feet to infested areas such as crawl spaces, rugs, carpets, pet beds and other pet resting areas. Avoid wetting or soaking. For orawlspace applications, the applicator must wear a respirator recommended by NIOSH for filtering spray mists and organic vapors. When treating upholstered furniture take care to treat between and under cushions. Pay particular attention to areas which are frequented by pets. Old pet bedding should be, replaced with clean, fresh bedding after treatment. To control the source of flea infestations, pets inhabiting the treated premises should be treated with a flea -control product registered for application to animals. w l Page 13 Ants (including Carpenter Apply to cracks and crevices, as a pinstream, as a fine/coarse, low-pressure spray, spot application or Ants, Fire Ants) with a paintbrush. Treat where pests are found or normally occur, such as cracks and crevices in Bat Bugs walls, in and around kitchen cabinets and drawers** along baseboards, behind sinks and around Bed Bugs plumbing and other utility installations. Ant infested wood may be drilled and injected with Tengard Bees SFR. Boxelder Bugs Brown Dog Ticks **Remove all utensils, uncovered foodstuffs (or any having original package opened), shelf paper and Carpenter Bees other objects before spraying. Allow treated surfaces to dry and cover shelves with clean paper before Carpet Battles replacing any utensils, foodstuff or other items. Any foodstuff accidentally contaminated with spray Centipedes solution should be discarded. Cockroaches, (including and spiders. Asian) For the control of carpet beetles, evenly apply the spray to rugs, carpets, along baseboards and edges Crickets of carpeting, under carpeting, rugs and furniture, in closets, on shelving, and wherever else these Earwigs insects are seen or suspected. Avoid wetting or soaking. Firebrais _ _ _...... _ Flies (such as Drain, Cluster, For the control of Brown Dog Ticks, evenly apply the spray to infested areas, such as pet beds and House) resting quarters, nearby cracks and crevices, along baseboards, windows and doorframes, and areas of Ground Beetles floor and floor coverings where these posts may be present. Avoid wetting or soaking. Old bedding Leaf Beetles should be removed and replaced with clean, fresh bedding after treatment. Millipedes Pantry Pests" (such as: Outdoor space spray — 1.5 fl, Flour Beetles, Indian j Meal Moths, Larder I! Beetles) air is still and avoid waiting foliage, Pillbugs mentioned. above Scorpions Silverfish Sowbugs Spiders Ticks (including Deer Tick and Western Black - legged Tick which may carry Lyme disease and Rocky Mountain Spotted I Fever) Agricultural Structures Tengard SFR can be used for residual post control in and on buildings and structures used for agricultural purposes and their immediate surroundings. Pests controlled are listed in the accompanying tables. Tengard SFR may be applied as a space spray or directly to walls and ceilings as a residual surface treatment. When applied as a fog or fine mist, direct the spray toward the ceiling and upper comers until the area is filled with mist. For best results, close doors and windows before spraying and keep them closed for 1015 minutes. Vacate the treated area and ventilate before reoccupying. Animals should be removed from area prior to treatment. Repeat treatment as necessary. The use of any residual fly spray should be supplemented with proper manure management and general sanitation to reduce or eliminate fly breeding areas. Ac a eurfarn nr enaoe enrnv _ i ,iveetnek PramiePS APPLICATION PEST DILUTE APPLICATION RATE Dairies, barns, feedlots, stables, poultry houses, swine and livestock houses, animal hospitals, pens and kennels, outside meet Lesser mealworm, house flits, stable flies, beetles (such h Darkling Beetle) and other manure breeding insects. As a spray --4 fl, oz. To 12.5 gallons water Spray surfaces until wet or 1 gallon per 750 square feet. (Do not use in milk rooms.) processing premises As a fog or mist -l.5 to 2.0 Apply until area is flied with mist, Also aids in the reduction of, eockroachgs, mosquitoes fl, ox. to I gallon water using 2 ,quid ounces per 1,000 cubic and spiders. feet of space, (Can be used in milk rooms, Overhead space spray 4 fl. oz. spray per 1000 cu. Ft. of air system � 4 fl. oz. to 10 space. (Do not use in milk rooms,) gallons mineral oil Temporary reduction of Outdoor space spray — 1.5 fl, Fill area with mist Apply while the annoyance from pests oz, to I gallon water air is still and avoid waiting foliage, mentioned. above C Page 14 1 C Avoid contamination of feed and water. Do not apply dilutions for premise spray directly to livestock or poultry. Bedbugs and chicken mites As a spray — 4 fl. oz. to 10 gallons water. For severe infestation, it is permissible to use 4 fl, oz. to 4 gallons Spray crevices of roost poles, cracks in walls and cracks in nest and nest boxes ' Ticks, including the deer Indoor spray — 311. oz. to 2 Treat around windows, doors, tick, fleas gallons water porches, screens, eaves, patios, garages, under stairways and in crawl spaces where these pests may occur. Apply until surface is wet (approx. 1 gallon per 750-1000 sq. ft. Outdoor spray — 4 fl. oz. to Use enough finished spray to 100 gallons water. For penetrate foliage, usually 50-100 longer residual, use up to 8 gallons per acre, To prevent fl. oz. to 100 gallons water . infestation of buildings, treat a band ofvegetation 6-10 feet adjacent to the structure Avoid contamination of feed and water. Do not apply dilutions for premise spray directly to livestock or poultry. Page 15 Livestock Spray Consult a veterinarian before usine this Droduct on medicated. debilitated. aged. Dreghant or nursing animals. ANIMALS PEST DILUTE & USE APPLICATION RATE Lactating and non -lactating Horn flies only 4 fl. oz. to 50 gallons water I qt. of coarse spray per animal. dairy cattle and goats, beef Ticks (treats 200 head), 0,025% treat back, face, legs, tail and ears. cattle and sheep Active Ingredient (AI). '/4 fl. oz. to 1 %. gallons Thoroughly wet animal to skin with High pressure spray Horn flies, face flies, stable 4 fl. oz. to 25 gallons water 1-2 qt, of coarse spray per animal flies, house flies, horse flies, (treats 50-100 head), 0.05% over whole body surface. For deer flies, black flies, eye Al. High pressure spray. mange, scabies, ticks and lice, gnats, mange mites, scabies 0.0625% At. Dip wash. thoroughly wet animal. Repeat mites, ticks, lice and sheep application 10-14 days for mites and keds. lice. Horn flies, face flies, stable 4 fl. oz. to 2%, gallons water For fly and lice control, spray flies, ear ticks and lice (treats 64-80 head), 0.05% midline from face to tailhead to Al. Low pressure spray point of runoff (4-5 fl. oz.). For ear (hand pump sprayer), tick control, spray directly into each ear % fl. oz. each . Horn flies, face flies and 4 fl. oz. to 10 gallons diesel Keep rubbing device charged. stable flies oil or suitable mineral oil, Results improved by daily forced 0.125% Al. Baekrubber, use, self oiler. Poultry Northern fowl mites and lice 1-4 fl. oz, to 3'/4 gallons I gallon of coarse spray per 100 water (treats 375 birds), birds, paying particular attention to 0.08-0.33% Al. High vent area. pressure spray. Swine (allow 5 days between Lice and mange 4 fl. oz. to 25 gallons water Thoroughly wet or dip animals last treatment and slaughter) (treats 50-100 head), 0.05% including ears. For mange, spray Al. Sprayer or dip. pen floors, sides and bedding. Repeat at 14 days. Horses Horn flies, face flies, stable 'A fl. oz. to 1 pt. water, 1-2 fl. oz. spray per animal. Spot flies, house flies, horse flies, 0.6257% Al. Low pressure treat back, face, legs, tail and eam black flies, eye gnats, mange spray. mites, scabies mites, ticks, lice and fleas '/4 fl. oz. to 1'/. gallons water, Thoroughly wet animal to skin with 0.0626% Al. Dip wash, sponge or rag. Let drip dry. Companion Animals (Dogs Only) Do not use on dogs under twelve (12) weeks old. Consult a veterinarian before using this product on medicated, debilitated, aged, pregnant or nursing animals. Sensitivities may occur after using any pesticide product on pets. If signs of sensitivity occur, bathe your pet with mild soap and rinse with large amounts of water. If signs continue, consult a veterinarian immediately, Avoid contact with face, eyes, and genitalia. Repeat applications every 2 weeks, if necessary. ANIMALS PEST DILUTE & USE APPLICATION RATE Dogs (do not use on cats) Fleas 'A fl. oz. to 1 pt. water, 1-2 fl. oz, spray per animal. Spot Ticks 0.6257% Al. Low pressure treat back, face, legs, tail and ears. spray. '/4 fl. oz. to 1 %. gallons Thoroughly wet animal to skin with water, 0.0626% Al. Dip sponge or rag. Let drip dry. wash. 4 fl. oz, to 20 gallons water, Make sure all areas are soaked to 0.0625% At. Dip wash. skin. Let drip dry on animal. Do not rinse off. C Page 16 3VII Applications for Fruit and Nut Trees Around Residential Sites Only Apply the appropriate amount of Tengard SFR -(see table below) in 100 gallons of water per acre (1 gallon per 436 sq. ft.). Tengard SFR may be diluted and applied in greater volumes of water provided that the maximum application rates listed below are not exceeded on a per acre basis. For example: when attempting to control Navel Orange%vonn on almonds using an application volume of 200 gallons per acre (2 gallons per 436 sq. ft.), the maximum legal dilution of Tengard SFR is 8 fluid ounces per 100 gallons (%1 teaspoon per gallon). Amlication Rates for Fruit and Nut Trees Around Residential Sites Only TREE PEST RATE CROP Almond Navel Orangewom 8 to 16 fl. oz. per 100 gal./A Do not harvest nuts within 7 days MIXTURE DESIRED Peach Twig Borer or after application. Do not apply SOLUTION V. to 1 tsp. per 1 gal./436 sq. more than 32 fluid ounces per acre 40 'fz ft. during hull split. Do not apply more 80 1 I %: than 80 fluid ounces per acre per 200 2'/z 31/4 year. Apples Green Fruitworm 4 to 8 fl. oz. per 100 gal./A Do not apply more than 24 fluid 800 Oblique Banded Leafroller or ounces per acre per year. Plum Curculio/4 to % tsp. per I gal./436 sq. Redbanded Leafroller ft. Rosy Apple Aphid Spotted Tentiform Leafminer Tarnished Plant Bug White Apple Leafhopper Cherries Green Fruitworm 4 to 8 fl. oz. per 100 gal./A Do not harvest fruit within 3 days Lesser Peachtree Borer or after application. Do not make more Plum Curculio '/4 to V1 tsp. per 1 gal./436 sq. than 4 applications per year. Do not Redbanded Leafroller ft. make more than 3 applications after Rose Chafer petal fall. Tarnished Plant Bu Filberts Filbertworm 8 to 16 fl. oz. per 100 gal./A Do not harvest nuts within 14 days Oblique Banded Leafroller or after application. Do not apply %1 to I tsp. per 1 gal./436 sq. more than 64 fluid ounces per acre R. per year. Peaches Green Fruitworm 4 to 12 fl, oz. per 100 gal./A Do not harvest fruit within 14 days Lesser Peachtree Borer or after application. Do not apply Oriental Fruit Moth %4 to % tsp. per I gal./436 sq. more than 60 fluid ounces per acre Peach Twig Borer ft. per year. Plum Curculio Rose Chafer Tarnished Plant Bu Pears Pear Psylla 8 to 16 fl. oz. per 100 gal./A Apply only during dormant through or • delayed dormant growth periods. Vi to 1 tsp. tsp, per I gal./436 Do not apply more than 32 fluid sq. ft. ounces per acre per year. Pistachios Leaffooted Bugs 8 to 16 A oz. per 100 gal./A Nuts may be harvested on the day of Navel Orangewonn or application. Do not apply more than Peach Twig Borer % to 1 tsp. per 1 gal./436 sq. 32 fluid ounces per acre per year. Plant Bugs ft. Do not apply after 10 percent hull Stinkbu s split. I fl. oz. = 2 tablespoons = 6 teaspoons Do not use household utensils to measure Tengard SFR. Tengard SFR is not for use on commercial fruit and nut trees, TREATMENT OF PRECONSTRUCTION LUMBER AND LOGS General Information TENGARD SFR must be diluted. To prepare the spray, dilute TFNGARD SFR as shown in the following spray dilution chart: GALLONS OF TENGARD GALLONS OF TENGARD GALLONS OF TENGARD GALLONS OF SPRAY SFR FOR SFR FOR SFR FOR MIXTURE DESIRED 0.5% 0.75% 1.0% SOLUTION SOLUTION SOLUTION 40 'fz 1/4 1 80 1 I %: 2 200 2'/z 31/4 5 400 5 7%z 10 800 10 15 20 3 Pale 17 M Qj� Directions for Application i To protect unseasoned lumber and logs from wood destroying insects, such as Termites, Carpenter Ants and Beetles (Ambrosia, Powder -post, Old house borers and others), totally treat wood with a 0.5% to 1.0% solution of TENGARD SFR. This solution can be applied by various methods including spraying, brushing, dipping, and pressure treatment. Frequent monitoring of dip and pressure systems are necessary to insure that the desired levet of TENGARD SFR is maintained. Wood can be handled after treatment when dry i. For dip treatments, totally submerge the wood in the solution until thoroughly wet and then allow to dry in a suitable location. Agitate dipping solutions to which TENGARD SFR has been added before use if left unused for long periods of time. Periodically clean sediment, debris and other deposits from the tank, 2. For pressure treatments the wood must be placed in the treatment chamber, the TENGARD SFR solution added and the system pressurized up to 254 psi for up to one how dcpcnding on the density and type of wood treated After the pressure is released and the system drained, the wood should be placed in a suitable location for drying. 3. For spray treatments, spray the wood thoroughly including back and ends. 4. For brush treatments, thoroughly treat all parts of wood surfaces. Page 18 M�j STORAGE AND DISPOSAL Pesticide Storage Store at temperatures above 407 (S'C). Shake container well before using. Iferystals form, warm to room temperature by placing container in a room at ambient temperature 70°F (21°C) until crystals dissolve. Do not use or store near heat, open (tame or hot surfaces. Keep out ofreach ofebildren and animals. Store in a dry place and avoid excess heat in storage. Store in original containers only. Carefully open containers. After partial use, replace lids and close tightly. Do not put concentrate or dilute material into food or drink containers. Do not contaminate other pesticides, fertilizers, water, food, or feed by storage or disposal. In case of spill, avoid contact, isolate area and keep out animals and unprotected persons: To confine spill, dike surrounding area or absorb with sand, cat litter, commercial clay or gel absorbents. If dry material, cover to prevent dispersal. Place damaged package in a holding container. Identify contents. Pesticide Disposal Pesticide wastes are toxic. Improper disposal of excess pesticide, spray mixture, or rinsate is a violation of Federal Law. if these wastes cannot be disposed of by use according to label instructions, contact your State Pesticide or Environmental Control Agency, or the Hazardous Waste representative at the nearest EPA Regional Office for guidance. Container Disposal Nonrefillable container, Do not reuse or refill this container. Cleary container promptly after emptying. Once cleaned, some agricultural plastic pesticide containers can be taken to a container collection site or picked up for recycling. To find the nearest site, contact your chemical dealer or manufacturer, or contact the Ag Container Recycling Council at www.acrecycle.org. Triple rinse container promptly after emptying, If recycling is not available puncture and dispose of in a sanitary landfill or incineration or if allowed by state and local authorities by burning. If burned stay out of smoke. For containers smaller than 5 gallons, triple rinse as follows: Empty the remaining contents into application equipment or a mix tank and drain for 10 seconds after the flow begins to drip. Fill the container %. full with water and recap. Shake for 10 seconds. Pour ,rinsate into application equipment or a mix tank or store rinsate for later use or disposal. Drain for 10 seconds after the flow begins to drip. Repeat this procedure two more times. For containers larger than 5alg Ions, triple rinse as follows: Empty the remaining contents into application equipment or a mix tank. Fill the container Y. full with water. Replace and tighten closures. Tip container on its side and roll it back and forth, ensuring at least one complete revolution, for 30 seconds. Stand the container on its end and tip it back and forth several times. Turn the container over onto its other end and tip it back and forth several times. Empty the rinsate into application equipment or a mix tank or store rinsate for later use or disposal. Repeat this procedure two more times. ATTENTION Do not apply to sources of electricity, Do not allow people or pets on treated surfaces, such as carpets until the spray has dried. Do not use concentrate or emulsion in fogging equipment. Firewood is not to be treated. Use only in well ventilated areas. During any application to overhead areas of structure, cover surfaces below with plastic sheeting or similar material (except where exempt). Do not al low spray to contact food, foodstuffs, food contacting surfaces, food utensils or water supplies. Thoroughly wash dishes and food handling utensils with soap and water if they become contaminated by application of this product. Do not treat areas where food is exposed. During indoor surface applications do not allow dripping or run-offto occur. Do not apply this product to any rooms while occupied by patients, the elderly or infirm. Do not use in aircraft cabins. For use in cargo areas only. Do not apply when occupants are present in the immediate area in institutions such as libraries, sport facilities, etc. Do not apply to classrooms when in use. Do not touch treated surface until dry. &Ul Page 19 Dealers Must Sell in Original Packages Only, IMPORTANT INFORMATION READ BEFORE USING PRODUCT CONDITIONS OF SALE AND LIMITATION OF WARRANTY AND LIABILITY NOTICE: Read the entire Directions for Use and Conditions of Sale and Limitation of Warranty and Liability before buying or using this product. If the terms are not acceptable, return the product at once, unopened, and the purchaso price will be refunded. The Directions for Use of this product reflect the opinion of experts based on field use and tests, and must be followed carefully. It is impossible to eliminate all risks associated with the use of this product. Crop injury, ineffectiveness or other unintended consequences may result because of such factors as manner of use or application, weather or crop conditions, presence of other materials or other influencing factors in the use of the product, v4iich arc beyond the control of United Phosphorus, Inc. or Seller. Handling, storage, and use of the product by Buyer or User are beyond the control of United Phosphorus, Inc. and Seller. All such risks shall be assumed by Buyer and User, and Buyer and User agree to hold United Phosphorus, Inc. and Seller harmless for any claims relating to such factors. TO THE EXTENT CONSISTENT WITH APPLICABLE LAW, UNITED PHOSPHORUS, INC. AND SELLER MAKE NO WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE NOR ANY OTHER EXPRESS OR IMPLIED WARRANTY EXCEPT AS STATED ON THIS LABEL. To the extent consistent with applicable law, United Phosphorus, Inc. or Seller shall not be liable for any incidental, consequential or special damages resulting from the use or handling of this product and THE EXCLUSIVE REMEDY OF THE USER OR BUYER, AND THE EXCLUSIVE LIABILITY OF UNITED PHOSPHORUS, INC. AND SELLER FOR ANY AND ALL CLAIMS, LOSSES, INJURIES OR DAMAGES (INCLUDING CLAIMS BASED ON BREACH OF WARRANTY, CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHERWISE) RESULTING FROM THE USE OR HANDLING OF THIS PRODUCT, SHALL BE THE RETURN OF THE PURCHASE PRICE OF THE PRODUCT OR, AT THE ELECTION OF UNITED PHOSPHORUS, INC. OR SELLER, THE REPLACEMENT OF THE PRODUCT. United Phosphorus, Inc. and Seller offer this product, and Buyer and User accept it, subject to the foregoing conditions of sale and limitations of warranty and of liability, which may not be modified except by written agreement signed by the duly authorized representative of United Phosphorus, Inc. Ten rd is a registered trademark of United. Phosphor, Inc: Rev. 10/6/09 https://www.idahopress.com/meridian/commercial-compost-pitch-could-be-the-answer-to-residents-desire/article_1 b197b09-56de- 564a-8e93-aa76fea30740. htm I Commercial compost pitch could be the answer to residents' desire for citywide compost program By PATTY BOWEN pbowen@idahopress.com Jul 13, 2018 Compose lays in rows at Timber Creek Recycling. The recycling facility plans to expand into commercial composting if the Buy Now company's application is approved by Meridian City Council. Patty Bowen/Meridian Press Meridian residents might get a curbside compost program in the next two years. Michael Murgoitio, owner of Timber Creek Recycling LLC, has a plan in the works to expand his recycling business into commercial composting and partner with Republic Services to offer Meridian residents curbside composting at home. Timber Creek Recycling, on the corner of Columbia and Locust Grove roads in Meridian, is a local agriculture -based recycling company. Murgoitio gets wood and food waste from Republic Services and other companies in the valley and uses it as feed and bedding for beef cattle. He also uses yard waste as compost, which becomes fertilizer in the fields where he grows corn, wheat, alfalfa, oats and other crops, Murgoitio said. Meridian City Council will hold a public hearing on July 17 for an application to expand Timber Creek Recycling into a commercial compost facility. If approved, Republic Services would be able to start a curbside compost program in Meridian as early as spring 2020, using Timber Creek Recycling as the outlet for the compost waste, said Rachele Klein, business development manager for Republic Services. Republic Services is a national company that collects trash and recycling in the Treasure Valley. The beginning of the curbside compost program would depend on whether City Council approved a request to offer the services to residents, Klein said. If City Council approves the program, it would need to determine details such as who would pay for it, Klein said. Republic Services gets between 50 to 70 calls a week from Meridian and Eagle residents inquiring about curbside compost services, Klein said. She said this number was lower before Boise got its curbside compost service last summer. Residents who participated in the composting program would get free composting, Murgoitio said. He said depending on the structure of the program, he'd like to give back a good amount of the compost to the city, and then sell the rest. "We've had a lot of outreach from citizens who want a compost facility," he said. "They will have a facility in their backyard." This is a similar structure to Boise's composting program, which gives compost to residents and the city of Boise, and then sells the rest. Over the last year, the program has given 2,000 yards of compost to residents, and plans to use between 5,000 and 8,000 yards on parks this year, according to Catherine Chertudi, solid waste programs manager for the city of Boise. She did not have an estimate of how much money that will save the city of Boise. A handful of residents had written in opposition to the Timber Creek expansion, many of whom live near the recycling company and worry the expansion would stink up the neighborhood, increase traffic and lower their property values. Timber Creek Recycling Murgoitio is a fourth-generation Ada County farmer and cattleman. Other members of his family run a number of dairies and feedlots in the area, he said. Timber Creek Recycling creates a "closed loop" of recycling, Murgoitio said, where essentially nothing goes to waste. Murgoitio uses and sells roughly 200 million pounds of wood and organic waste he gets annually from Republic Services and other businesse. He grinds wood waste into wood chips that he uses as bedding for 1,200 head of cattle, and sells the rest to dairies and feedlots in the area. He feeds leftover corn husks, tortilla shells, tapioca starch and other nutritious organic waste to his cattle, and he uses the rest as compost for his crops. Murgoitio said this was all in line with the Environmental Protection Agency's Food Recovery Hierarchy, which shows actions organizations can take to avoid food waste. The hierarchy prioritizes diverting food scraps to animal feed over composting them. Timber Creek Recycling is on a 156.5 -acre farm, Murgoitio said. About 15 to 20 acres of that will be used for composting, he said. Does compost smell? A handful of residents had written in opposition to the expansion, many of whom live near the recycling company and worry the expansion will make the neighborhood smellier and louder, and it would increase the traffic in the area. Timber Creek Recycling already accepts grass for the compost piles and does not have an odor management plan, Murgoitio said. As of July 6, Timber Creek Recycling has not received any complaints for environmental impact from the Idaho Department of Environmental Quality. The city of Boise — which composts more than twice what Klein estimates Timber Creek Recycling would for Meridian — has not had any problems with smell, noise or insects in the year since they started their composting program, Chertudi said. The majority of the material composted is yard waste, she said. The facility is required to process the material within 48 hours of receiving it. Chertudi said this keeps the materials from smelling foul. "Its no different than (the smell from) mowing your yard," she said. Want more news like this in your email inbox every morning? Yes! Part of the Timber Creek Recycling's application is an odor management plan with a weather station. The plan includes monitoring volumes of feedstock coming in and checking decomposition, temperature and quality parameters. Murgoitio said if any odor is identified, staff will be able to inspect the pile and identify the source. Residents bothered by an odor can fill out complaint forms with Timber Creek. The sound of composting Chertudi said the city of Boise uses similar equipment to Timber Creek Recycling and has even borrowed Timber Creek's equipment at times when the city's is out of use. In the application, Timber Creek staff said the expansion would require the use of heavy equipment including loaders, excavators, air compressors, generators, water trucks and a crusher and grinder, to name a few. Chertudi said the amount of noise made while composting is comparable or less than the noise made at any agricultural site. Murgoitio said staff did sound testing and found that the none of omposting equipment would produce louder sounds than the equipment already used at Timber Creek Recycling. At 10 feet away, one of the loaders would produce 105 decibels of sound and a grinder would produce 102 decibels of sound, he said. This could be compared to a motorcycle or farm tractor, which both make about 100 decibels of sound, according to IAC Acoustics. At 100 feet, they would both produce an average of 80 decibels of sound, he said. This is comparable to a garbage disposal or dishwasher, according to IAC Acoustics. Murgoitio said he has video recordings demonstrating what this will sounds like and plans to show them at the public hearing. Murgoitio is also seeking to limit Timber Creek Recycling's hours to 7 a.m. to 6 p.m. Monday through Friday and 8 a.m. to 6 p.m. Saturday because staff feel it would "benefit our neighbors," the application said. Timber Creek Recycling's application for expansion does not include information about a maximum number vehicles trips allowed per day, although the application says it anticipates seven garbage trucks will visit the site per day. If approved, the application states Timber Creek staff would spend the next one to five years operating the composting facility. After that, it says staff would conduct an impact study with surrounding developers and decide after several years if they need to relocate the recycling and compost facility. Reducing landfill buildup The Ada County Landfill is expected to fill up in about 76 years, said Kristi Furman, spokeswoman for Ada County. Even with the compost and other materials they are extracting, the county continues to forecast a less than 1 percent increase in materials collected per year, Furman said. Before Boise began its curbside compost collection program, organic matter — like food waste and yard debris — made up 30 percent of the material put in the Ada County Landfill by weight, according to the Ada County Waste Stream Analysis from December 2014. Plastics made up about 10 percent, and paper made up about 15 percent, the study said. From June 2017 to May 2018, the city of Boise composted 55 million pounds of material that otherwise would have been thrown in the Ada County Landfill, according to Chertudi. Boise's curbside compost program produces roughly 100 tons of composting a day, Klein said. Meridian, which has less than half the population of Boise, would produce 40 to 45 tons of composting a day if the city participated in a similar program, Klein estimates. Based on those estimates, a compost program in Meridian could save more than 20 million pounds of organic material from going into the Ada County Landfill in one year. Murgoitio said Timber Creek Recycling has a big enough facility to compost material from Boise, Meridian and Eagle. If the cities are interested in participating, Murgoitio with Timber Creek Recycling would like to create a collaboration with Boise's composting center, allowing Timber Creek to take any compost material the Boise facility can't handle and in exchange have the Boise facility do the same for Eagle and Meridian compost material, he said. 'We would entertain any thoughts to serve our community," he said. Republic Service has not had any formal conversations with the city of Eagle about collecting compost from residents and giving it to Timber Creek Recycling, Klein said. Public hearing Meridian City Council will hear Timber Creek Recycling's application at its 6 p.m. meeting on July 17. The public is invited to voice their opinion on the project during its public hearing at the same time or can email the city clerk at cityclerk@m eridiancity.com. Patty Bowen is the Meridian Press reporter. You can reach her at pbowen@idahopress.com. PUBLIC HEARING Meridian City Council will hear Timber Creek Recycling's application at its 6 p.m. meeting on July 17. The public is invited to voice their opinion on the project during its public hearing at the same time or can email the city clerk at cityclerk@meridiancity.com. PattyBowen I PT City of Meridian July 17, 2018 Purposed Modification to the Development Agreement Managing Member Mike Murgoitio •Landfill Capacity •Lower Fertilizer Costs •Lower Carbon Footprint Compost from 20 mile South Farm Timber Creek Recycling, LLC Meridian City Council Meeting July 17, 2018 2013 Storage Site April 29, 2015 Google Earth Image 2016 Ada County G.I.S.Image June 29, 2017 Google Earth Image PICTURES FROM JULY, 2018 5 Get Outlook for Android From: C.Jay Coles < cjcoles@meridiancity.org > Sent: Tuesday, July 17, 2018 9:00:46 PM To: TROY AND DEBBIE ALLEN Subject: Photos to Council Mr. Allen, You presented two photos to the Council during your testimony on the Timber Creek application. Do you have those in electronic format that can be emailed to me? Thanks, C.Jay Coles City Clerk | City of Meridian 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: 208.888.4433|Email: cjcoles@meridiancity.org Built for Business, Designed for Living All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law. 2 3 4 Hearing Date: 7/17/2018 Hearing Type: Council Item Number: 8-H Project Name: Timbercreek Recycling Project Number: H-2018-0042 Signature Name For Against Neutral I Wish To Testify Sign In Date/Time Joshua Leonard X X 7/13/2018 20:58 Janet Gearhard X X 7/16/2018 22:15 wayne gearhard X X 7/16/2018 22:15 Randy Hopkins X X 7/17/2018 6:40 Vikki Reynolds X X 7/17/2018 7:47 Loyal Gibbons X X 7/17/2018 7:48 Patty Hagler X X 7/17/2018 8:46 Paul Winward X X 7/17/2018 11:11 Ryan X X 7/17/2018 14:48 Troy Allen X X 7/17/2018 16:59 Debbie Allen X X 7/17/2018 17:00 Miller Acres LLC X X 7/17/2018 17:17 Justin Cranney X X 7/17/2018 17:35 Lance Fish X 7/17/2018 17:36 Mike Murgoitio X 7/17/2018 17:36 Toree Murgoitio X 7/17/2018 17:36 John Wakefied X X 7/17/2018 17:38 Susan Karnes X X 7/17/2018 17:40 Mathew Elliott X 7/17/2018 17:45 Orvalmcpeak X 7/17/2018 17:45 Rick Bennett X 7/17/2018 17:45 Debbie Bennett X 7/17/2018 17:46 Rex Landings X 7/17/2018 17:46 Jessica Reel X 7/17/2018 17:46 Cecilia sparks X 7/17/2018 17:49 Gene Sparks X 7/17/2018 17:50 Shelley marshall X 7/17/2018 17:50 Heather Bailey X 7/17/2018 17:51 Ron sater X X 7/17/2018 17:51 Susan Denniston X X 7/17/2018 17:52 Peter Denniston X X 7/17/2018 17:52 Kimberly Matulonis Edgar X X 7/17/2018 17:53 Patty Haglee X X 7/17/2018 17:54 Todd edgar X 7/17/2018 17:54 Bryce Alexander Allen X 7/17/2018 17:54 Rosalie skefich X 7/17/2018 17:55 Brodie whitlock X 7/17/2018 17:55 Sarah Litchfield X 7/17/2018 17:55 Jonathon fewkes X X 7/17/2018 17:55 Charlotte Jean X 7/17/2018 17:55 Parker Allen X 7/17/2018 17:56 Maureen McGraw X 7/17/2018 17:56 Rachel Bath X 7/17/2018 17:56 Sebastien Jean X 7/17/2018 17:56 Terry Tate X 7/17/2018 17:57 Janet and wayne gearhard X X 7/17/2018 17:58 Mark perison X X 7/17/2018 17:58 Chase Gilbertson X 7/17/2018 17:59 Derek Pica X 7/17/2018 18:00 Katie Ayad X 7/17/2018 18:00 Carl Tucker X 7/17/2018 18:01 Jenica Hagler X 7/17/2018 18:04 Rod Nettinga X 7/17/2018 18:04 Carol Menten X 7/17/2018 18:06 Robin connor X 7/17/2018 18:06 Gene Reynolds X 7/17/2018 18:07 Jeffrey Sater X 7/17/2018 18:07 Andrea fonnesbeck X 7/17/2018 18:08 Eric Sater X 7/17/2018 18:09 Diane Sater X 7/17/2018 18:09 Sarah Sater X 7/17/2018 18:10 Buddy morrison X 7/17/2018 18:14 Jessica morrison X 7/17/2018 18:14 Jim Cox X 7/17/2018 18:15 Jeremy Jensen X X 7/17/2018 18:16 Andrea Sater X 7/17/2018 18:21 Murray Hansen X 7/17/2018 18:21 Kris Sperry X 7/17/2018 18:22 Dannette palmer X 7/17/2018 18:23 Terrill smith X X 7/17/2018 18:24 Eric Zweifel X 7/17/2018 18:37 Lance palmer X 7/17/2018 19:25 Tony Headrick X 7/17/2018 19:26 Nan Headrick X 7/17/2018 19:27 Lisa Hawes X 7/17/2018 20:08 Bryan pasternak X 7/17/2018 20:08 Raquel Hansen X 7/17/2018 20:09 Bob vincent X 7/17/2018 20:09 Julie vincent X 7/17/2018 20:09 Mark Sater X 7/17/2018 20:10 Hearing Date: 7/17/2018 Hearing Type: Public Forum Signature Name Discussion Topic Sign In Date/Time Ryan L Compost facility. I am against the location 7/17/2018 14:47 Susan denniston Composting facility comments 7/17/2018 17:51 Bruce McElwain Discuss opposition to composting center location 7/17/2018 17:53 Rhonda mason Compost 7/17/2018 17:57 Quinet Boone Timber Creek Recycling 7/17/2018 17:58 Rodney Boone Timber creek 7/17/2018 17:59 Craig and Nicole Brown Timber Creek expansion 7/17/2018 18:00 Guy LeVan Disposal facility 7/17/2018 18:01 Loyal gibbons Timbercreek recycling 7/17/2018 18:01 Ben &amp; Patty Hambelton Compost propasl 7/17/2018 18:02 Barry ingram Costco 7/17/2018 18:03 Lynn ingram Costco 7/17/2018 18:03 Jenica hagler Timber creek r cycling 7/17/2018 18:04 Rod Nettinga Timber Creek Recycle 7/17/2018 18:04 Robin connor Timbercreek 7/17/2018 18:05 Andrea Harris Locust Grove / Columbia Project 7/17/2018 18:06 Buddy morrison Composting 7/17/2018 18:13 Jane Albert 8G if heard.7/17/2018 18:14 o- ,e L r f l C G,-a. U) - (I1 ( f L� I ' i er �a `yy�� nil B � / 1-G Y- C- Cevy;%C0.��`0 V-0�e5 S rc�i�d Io ceps to ; l l re Q ; -e_-1 LL s s � E ; r Le- CA--aC_ Z,5 T IceSS (,.� Y V r a v, p }T2 ✓'w-Ai o� "a I0. h 0. h Q I 7 � � I 6J�Wd-t2r no:�O "c^- Y-'P SGU-cv-- S NON -MUNICIPAL SOLID WASTE MANAGEMENT FACILITY SITE APPROVAL APPLICATION (revised 01/04/2016) REQUIREMENTS Pursuant to IDAPA 58.01.06, approval of location restrictions by the Department of Environmental Quality (DEQ) is required for all new and lateral expansions of non -municipal solid waste management facilities. Existing facilities are required to comply with the siting requirements within five years from April 26, 2002. Existing facilities may submit existing approvals that demonstrate compliance with applicable siting requirements. Site approval process may occur prior to or concurrently with, design (if applicable), operations, closure and post -closure approval process. Siting approval is required prior to construction of the facility. Approval from local authorities may be required. It is recommended that the applicant contact the county and/or city in which the facility will be located. PRE -APPLICATION MEETING It is very important that the applicant meet with the appropriate DEQ regional office staff before the site approval application is submitted. A tour of the site is very helpful in identifying any possible concerns that may need to be addressed in the application. A pre -application meeting with DEQ, the local Health District and local government is recommended. This will help ensure that there is compliance with location restrictions and operational requirements and that sufficient information is submitted to allow for a timely review. It is advantageous to DEQ, the local health district, local government and the applicant to move this process forward as quickly as possible. REQUIRED SUBMITTALS Please fill out the attached form, complete the questionnaire, and attach at a minimum, the indicated documentation to support the location restriction determinations. Original and 2 copies of the application and supporting documents should be sent to the appropriate DEQ Regional Office listed below. INCOMPLETE INFORMATION MAY CAUSE DELAY IN THE APPROVAL PROCESS 07/17/18 DEQ REGIONAL OFFICE CONTACTS: Please send the original and 2 copies of the completed application and supporting documents to the appropriate regional office below: Department of Environmental Quality Coeur d'Alene Regional Office 2110 Ironwood Parkway Coeur d'Alene, ID 83814 Contact: Rob Eachon @ 208-666-4615 Department of Environmental Quality Boise Regional Office 1445 N. Orchard Boise, ID 83706 Contact: Kevin Ryan P.E. @ 208-373-0184 Department of Environmental Quality Pocatello Regional Office 444 Hospital Way, #300 Pocatello, ID 83201 Contact: Ralph Oborn @ 208-236-6160 STATE OFFICE CONTACT: Solid Waste Program Manager Department of Environmental Quality Waste Mgmt and Remediation Division 1410 N. Hilton Boise, ID 83706 Contact: Mollie Mangerich @ 208-373-0121 07/17/18 Department of Environmental Quality Lewiston Regional Office 1118 F. Street Lewiston, ID 83501 Contact: Michael Camin P.E @ 208-799-4888 Department of Environmental Quality Twin Falls Regional Office 650 Addison Avenue West, Ste. 110 Twin Falls, ID 83301 Contact: Joe Otero @ 208-737-3885 Department of Environmental Quality Idaho Falls Regional Office 900 Skyline, Suite B Idaho Falls, ID 83402 Contact: Bruce LaRue @ 208-528-2662 2 NON -MUNICIPAL SOLID WASTE SITE APPROVAL APPLICATION I. GENERAL INFORMATION - Please complete (type or print) the General Information section and/or attach Pre -Application Meeting Information if completed. Applicant's Name Applicant's Signature Application Date Name of Site Location of Site Total Acreage of Site Legal Description Property Owner of Record Address: Telephone: (Attach written approval from owner to use site for stated purpose, if owner is different from applicant) Operator of Proposed Facility Address: Telephone: Contact Person Regarding This Application Name: Address: Telephone: 07/17/18 This application is for a: NEW FACILITY LATERAL EXPANSION of existing facility This application is for what type of facility? Construction & Demolition Waste Landfill Transfer Station Industrial Landfill Compost Facility Waste Tire Collection Site Petroleum Contaminated Soils Processing Site Waste Septage Disposal Site Other (please specify) Proposed Tier Classification Tier II Tier III What is the composition of the waste material to be managed, processed or disposed? Material What is the volume/mass of material received per day? Volume/Mass 07/17/18 2 Unit II. LOCATION RESTRICTIONS - SITE APPROVAL Instructions: These questions relate directly to the location restrictions for non -municipal solid waste management facilities. Answer the questions below and, in an attached report, include all supporting documents and describe how they were used to make the determinations. This documentation should include, but not be limited to, maps, technical reports, letters, documentation of phone conversations, computer models, on-site investigations, analyses, etc. 01 GENERAL SITING REQUIREMENTS - All Tier II and III solid waste management facilities regulated under the Solid Waste Management Rules, IDAPA 58.01.06 shall comply with items a through d. a. Flood Plain Restriction Is the facility located within a one hundred- (100) year floodplain? Provide a copy of the applicable Federal Emergency ManagementAgency (FEMA) map showing the location of the disposal site with respect to the 100 - year flood boundary. If a map is not available for the proposed site location, a site evaluation report and a letter of confirmation, stamped by a registeredprofessional engineer or registeredprofessional geologist, may be required. YES NO If yes, provide information demonstrating that the facility will not restrict the flow of the one hundred (100) year flood, reduce the temporary water storage capacity of the floodplain, or result in a washout of solid waste so as to pose a hazard to human health and the environment. If the site is located within the 100 year floodplain, the demonstration noted above must be prepared and stamped by a registeredprofessional engineer or registered professional geologist, as appropriate. Information supporting this section of the application can be found in the attached documentation as follows: (document name, page number, etc.) b. Endangered or Threatened Species Restriction Is the facility located such that it does not cause or contribute to the taking of any endangered or threatened species of plant, fish, or wildlife or result in the destruction or adverse modification of the critical habitat of endangered or threatened species as identified in 50 CFR Part 17? YES NO Information supporting this section of the application can be found in the attached documentation as follows: (document name, page number, etc.) C. Surface Water Restriction Is the active portion of the facility located such that the facility shall not cause contamination of surface water, unless such surface water is an integral part of the facility's operation for storm water management and/or leachate management? Provide at a minimum, a scale map showing the site location and distances to the nearest surface water bodies. A USGS 7.5 -minute topographic map is suggested. YES NO Information supporting this section of the application can be found in the attached documentation 07/17/18 5 as follows: (document name, page number, etc.) d. Parks, Scenic or Natural Use Restriction. Is the facility located within one thousand (1,000) feet of any state or National Park, or land reserved or withdrawn for scenic or natural use? Provide a scaled map showing the disposal site location, and distances to the nearest state or National Parr scenic area, and natural use area. YES NO Information supporting this section of the application can be found in the attached documentation as follows: (document name, page number, etc.) Note - Items a through g are required for all Tier II facilities and Tier III facilities except Tier II transfer stations, CESQG Management facilities and incinerators. Item It is required for all Tier II and Tier III NMSW landfills. e. Ground Water Is the active portion of the facility located, designed or constructed such that the facility shall not cause contamination of a drinking water source or cause contamination of the ground water? Provide information demonstrating that the facility will not degrade ground water. Minimum documentation shall include well driller's reports, boring logs, and/or site speck environmental assessment information sufficient to demonstrate depth to the uppermost ground water bearing zone and the composition, thickness and characteristics of overlying soil and rock materials. Depending on the nature of the waste to be disposed at the facility and the vulnerability of the ground water beneath the site, best management practices and best practical methods, including special engineering designs, may be required to ensure protection of the ground water. YES NO Information supporting this section of the application can be found in the attached documentation as follows: (document name, page number, etc.) f. Geologic Restriction Is the NMSW Management Facility's active portion located on land that would threaten the integrity of the design? Minimum documentation must include a description of the site characteristics sufficient to provide a clear understanding that the site is stable. YES NO If YES, provide information demonstrating that engineering measures have been incorporated into the NMSW Management Facility design to ensure the integrity of the structural components of the NMSW Management Facility will not be disturbed. Factors to consider can include, but not be limited to, on-site and local soil conditions, on-site or local geologic or geomorphologic features, on-site or local human -made features or events? A site evaluation and letter of confirmation from a registered professional engineer or registered professional geologist may be required. 07/17/18 Information supporting this section of the application can be found in the attached documentation as follows: (document name, page number, etc.) g. Property Line Restriction Is the facility located so that the active portion is any closer than one hundred (100) feet to the property line of adjacent land? Provide at a minimum, a scaled map showing the active portion of the disposal site, the distance from the active portion to the site property boundaries, and the location and land use of adjacent properties. A 100 foot buffer zone must be maintained between the active portion of the solid waste facility and adjacent properties. YES NO Information supporting this section of the application can be found in the attached documentation as follows: (document name, page number, etc.) h. Wetlands Is the facility located in a wetland? Documentation may include a copy of the applicable National Wetlands Inventory map and letters from the U. S. Army Corps of Engineers and the National Resource Conservation Service that provide a wetlands determination. YES NO If YES, provide information demonstrating that: 1. No practical alternative exists? 2. The facility will not cause or contribute to violations of the state water quality standards? 3. The facility will not violate any applicable toxic effluent standards or prohibitions under Section 307 of the federal Clean Water Act? 4. The facility will not cause or contribute to significant degradation of the wetlands? 5. No net loss of wetlands will result? Information supporting this section of the application can be found in the attached documentation as follows: (document name, page number, etc.) 02. SITE MAP - In addition to items a through d and any other applicable items e through g, owners and operators shall include as part of the siting application a scaled map. Please attach a scaled map depicting the following: a. Highways, roads, and adjacent communities; b. Property boundaries; C. Total acreage of the site; d. Off-site and on-site access roads and service roads; e. Types(s) of land use adjacent to the facility and a description of all facilities on the sites; 07/17/18 7 £ All water courses, ponds, lakes, reservoirs, canals, irrigation systems, and existing water supplies, within one-quarter (1/4) mile of the proposed facility property lines; g. High tension power line right-of-way, fuel transmission pipeline right-of-way, and proposed or existing utilities; h. Proposed or existing fencing; L Proposed and existing structures at the facility and within five hundred (500) feet of the facility boundary. This shall include location of employee building and scales (if provided); j. Direction of prevailing winds. Professional Engineer or Professional Geologist Certification I am a registered professional engineer or registered professional geologist in the State of Idaho and qualified to evaluate and certify compliance with the location criteria for a non -municipal solid waste management facility. I certify that this application was prepared by me or under my direct supervision. Signature, seal, and date 07/17/18 City Council Meeting Meeting Date: July 17, 2018 Agenda Item Number: 81 Project/File Number: Item Title: Community Development: Net Zero Budget Amendment for Paylocity Idaho Opportunity Fund Grant Meetina Notes F� f0 m a O 0 CL CL (1) l/ c 5 C O E o0 z N �7 A °1_0� N a v N b � cz C 0 ^' W H L 0 to E 3 E �o Y } } D� � 0 W a C: ~ o .� O1 E o l7 N @ E t 0 Li 4- c (7' a?+ 3# V iL Yk T Ul V1 p u ^ L E _ 7 u N •o c V y O @�E E voi v°'i p a ovn vvi v ¢(7 Eo i °c° a Eo Q Y � a F7 0 u Q p w v Qju O O O T O C 7 u. J U o O O W LL u a) � E E N N 0 � v o C N N p f6 f6 Z Z f6 E Y Z ay.. O C L � _ L D 0 :.0 O O c c O N N O O O LL Q w = C W tf W EO 0�0 F� f0 m a r-- 11 CL CL (1) c 5 ❑❑ E ❑ z N C l7 N O N b � cz C 0 ^' W H L 0 to E 3 Y a � 0 W a C: ~ o .� O1 E o l7 N @ E t 0 Li 4- c c d 0 u O �o @�E i ovn vvi v � Q � /ym w oa Y � a F7 T— u 0 � ai O O O O c O O O O O N LL za �--� N N N Yn Vl N H N N o C: O O O V 0 :.0 ° O O c c O O O O O N Q w C W a, a C W EO 0�0 y O O iz Q .2- O V O U + =5 ii U 0 O N U N N N N N N O Sk 7t o L a a J a r-- 11 ❑❑ O O ❑ z z z l7 N ui � N b � U H L C � 3 a � 0 � U O O1 E o c @ E t 0 Li 4- c m d 0 u 0 �o @�E i ovn vvi v � Q `o oa � 3i � a > O c u w t � E w O O O O O O O O O O l0 O O N � O �--� N N N m N Vl N N N N m O O O O 0 c O O O O O O O O 0�0 W o�0 W W W W 0�0 oo O O O O O O O O N N N N N N N N Sk 7t o L a a J a r-- 11 ❑❑ O O ❑ z z z l7 N ui � N b C H L O 0 � U O1 m L. E t 0 Li 4- c m d 0 u i 7S 2! Q 0 O t < O p 0 c Q V W 'IT oo C m O 0 O y C f N 7 O a r-- 11 ❑❑ O O ❑ z z z [ailVI N ui � N b C 61 1ry`� Q O 0 � U O1 m U . u E t 0 Li 4- c m d 0 u 0 O 0 m 0 0 u O O O O O O O O O O O O O N O 00 O O O O O O O O O O O O O 'T 0o d' 00 a 00 V 00 V 00 V 00 V' 00 a w s 00 zzr 00 7 co V w -ZT 00 O O O O O O O O O O O O O N N N N N N N N N N N N N rb a r-- 11 ❑❑ ❑ ❑ z z z [ailVI N ui � N b C 61 1ry`� Q yit,i 0 � U O1 m U . u E t 0 Li 4- c d 0 u *,1O J O \ 00 m h O i+ Y Q 000 W 000 O A d 7 a O W LL 7J� E U M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 1 7 , 2 0 1 8 – P a g e 3 5 7 o f 3 6 7 City Council Meeting Meeting Date: July 17, 2018 Agenda Item Number: 8J Project/File Number: Item Title: Community Development: Budget Amendment for Associate City Planner Not -to -Exceed $95,259 Meeting Notes Cz'i APPROVED t 3 4t n 3 Q w 3 m 3 h M O O O O O O O O O O O O O r N N S 000 lD LD Io (D (D hD F+ N FD 0 N 0 FD 0 F, LD l0 l0 w LD N lD LD LD LD LD w N O LD LD to FD 0 0 0 0 F0 0 0 0 0 " 0 0 FD 0 0 H 0 0 Ol (!� In Ul Ql In In Ul Cn In Ln W 'a O A A A w N o V V V J W D w O H N H w W w A 0 O F� N 0 N 0 N 0 N 0 N 0 w 0 O 1-- O O O W N A W N O O 0 0 0 0 0 0 o O o 0 o O O n O m n 3 i -i o o c o 3 o c 10 < < < 3 o 00 3 n fl- (D (D 0 (D N N i n D) C C `WG V� Vr to V) V> V) to V> m (D m Q° v r -I N ro A n D W 3 rD Q d� r 00 M W O d T (D to (D p �. N -0 (D 3 (D z) v rt 3 N 3 D v s= i m O rt Dl \ � av O (D (D ( v3 v 3 00 3 N N t� to t" if, w N V N O W 0 O W Ln O 0 O N N w A V W F,m Ln O V to w 0 O 0 O 0 Ln 0 O 0 U.) N O O N O tnn O Ln O O O N U9 m O J w wO O o O LVn O o tD m U D (D r) a, O O ~ 3 (D 0 O 7 3 r O V O 3 CK Q LC LL O 0 G) 0 0 0 0 O O O O N N N N N r N N S 000 lD LD wFD (D (D l0 0 lD . 0 0 H 0 0 F, 0 N N N O N O O O W w f N N N N N INfF W N N A O Ol O 0 0 o O 0 0 0 0 m * -o m C O 'a 3O m C) < -I \ I-0 v Z7 '^ D o D m a°D . (D m o 0 rD C75 C ) D 3 O m N 3 C 3 00 3 n 0 (D N N V� Vr to V) V> V) to V> Ln U�t N J A W 00 M W O N LD N N W b _n N � N 3 y O i n � O D D y 3 rt I y tt 7 tk O 3 -s FD (D S 000 C (D (D 0 a, � � n w m c 'D (D (D 'D N z D =5 m z? z z D a O INCORA (D < 3 3 '^ M o n rn l`+ V o gay �,o ° N73 W `° �`+ ~ Ell -(30 o o O N 0 ' 3 3 Ql�ft, ED A '�' i •„ < F9SG o9'�a �3c�ro� ❑ � LJ` & < < R m RE �ALLEtl Z N o 0 0 0 0 3 3 d (D (D rt ) Ln o u D o V O O - - -N, y Me r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 1 7 , 2 0 1 8 – P a g e 3 5 9 o f 3 6 7 City Council Meeting Meeting Date: July 17, 2018 Agenda Item Number: 8K Project/File Number: Item Title: Flood Damage Prevention Ordinance Change 1. Ordinance No. 18-1786: Amending Meridian City Code section 10- 6-5(A)(2)(a)(4), Regarding Flood Elevation for new construction in Special Flood Hazard Areas; and providing an effective date. Meetina Notes G✓i APP93VED Meridian City Council Meeting Agenda July 17, 2018 – Page 362 of 367 Meridian City Council Meeting Agenda July 17, 2018 – Page 363 of 367 Meridian City Council Meeting Agenda July 17, 2018 – Page 364 of 367 MERIDIAN FLOOD DAMAGE PREVENTION ORDINANCE UPDATE Page 1 of 3 CITY OF MERIDIAN ORDINANCE NO. 18-1786 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, LITTLE ROBERTS, MILAM, PALMER AN ORDINANCE AMENDING MERIDIAN CITY CODE SECTION 10-6-5(A)(2)(a)(4), REGARDING FLOOR ELEVATION FOR NEW CONSTRUCTION IN SPECIAL FLOOD HAZARD AREAS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the National Flood Insurance Program is a federal program which enables property owners in participating communities to purchase insurance as protection against flood losses in exchange for the adoption of community floodplain management regulations that reduce future flood damages; WHEREAS, the City of Meridian is a participating community in the National Flood Insurance Program; WHEREAS, the City Council of the City of Meridian finds that allowing the lowest floor elevation of a structure in an area removed from the special flood hazard area through a Letter of Map Revision based on Fill to be one foot (1’) above Base Flood Elevation will acknowledge and incentivize elevating the entire property and going through the map revision process with FEMA while maintaining an appropriate factor of safety; WHEREAS, the regulatory standards set forth in this ordinance meet or exceed FEMA regulations for the protection of public health safety and welfare; and WHEREAS, the policies expressed herein are designed to protect public health, safety, and welfare by minimizing public and private losses due to flood conditions; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Meridian City Code section 10-6-5(A)(2)(a)(4) shall be amended to read as follows: 10-6-5: PROVISIONS FOR FLOOD HAZARD REDUCTION: A. Standards for the Meridian Floodplain Overlay District: * * * 2. Construction Requirements for New Construction and Substantial Improvements of Structures: a. Elevation Requirements: Meridian City Council Meeting Agenda July 17, 2018 – Page 365 of 367 (4) Lots for new construction, removed from a FEMA defined special flood hazard area through a letter of map change based on fill (LOMR-F), but within the Meridian floodplain overlay district, may elevate lowest floor one foot (1') above the Base Flood Elevation provided the post development base flood water surface elevation increase is no greater than one foot (1') as determined by approved engineering hydraulic analysis and flooding source peak discharges do not exceed 1,500cfs per FEMA FIS data tables. Lots with water surface increases greater than one foot (1)' or flooding source peak discharges exceeding 1,500cfs shall comply with the elevation requirements of subsections A(2)(a)(1) and A 2 a (2) of this section. Section 2. That this ordinance shall be effective immediately upon its passage and publication. PASSED by the City Council of the City of Meridian, Idaho, this j7 day of July, 2018. APPROVED by the Mayor of the City of Meridian, Idaho, this 17day of July, 2018. AUGusr ATTEST: Tammy de We ayor -0, Jay VnIes, z OW E 10 X14 > W J .� SEpL s � MERIDIAN FLOOD DAMAGE PREVENTION ORDINANCE UPDATE Page 2 of 3 19th July for City Council Meeting Meeting Date: July 17, 2018 Agenda Item Number: 9 Project/File Number: Item Title: Future Meeting Topics Meetina Notes City Council Meeting Meeting Date: July 17, 2018 Agenda Item Number: 10 Project/File Number: Item Title: Executive Session per Idaho State Code 74-206(1)0): To consider labor contract matters authorized under section 74-206A (1)(a) and (b), Idaho Code { Meetina Notes OL"i- e ) ) " C) q Ar,