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2019-01-02 C I T Y C OUNCI L R EGU L A R M EET I NG AGENDA C ity Council Chamber s 33 E ast B roadway Avenue M er idian, I daho Wednesday, J anuar y 2, 2019 at 6:00 P M 1. Roll-C all Attendance O A nne L ittle R oberts O 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. Community Invocation by L arry Woodar d of Ten M ile C hr istian C hurch 4. Adoption of Agenda Adopted 5. F uture M eeting Topics - Public F orum (Up to 30 M inutes M aximum) Signing up prior to the start of the meeting is required. This time is reserved for the public to address thei r elected officials regarding matters of general interest or concern of public matters and is not specific to an active land use/development 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 assi st you i n resolving the matter following the meeting. 6. Consent Agenda [Action Item] Approved A. Approve M inutes of D ecember 11, 2018 City C ouncil Wor kshop M eeting B. Approve M inutes of D ecember 18, 2018 C ity C ouncil Regular M eeting C. M eridian West M edical O ffice Building Water M ain E asement D. O berg S ubdivision P edestrian P athway E asement E. P artial Release of B rinegar Prair ie S ubdivision No. 2 Water M ain E asement F. P athway Agr eement B etween the Nampa-M eridian Irrigation Distr ict and the C ity of M eridian Regarding B araya Subdivision No. 3 G. P athway Agr eement B etween the Nampa-M eridian Irrigation Distr ict and the C ity of M eridian Regarding F inch L ateral O berg S ubdivision H. F inal Order for C aven Ridge E states West No. 1 (H-2018-0045) by New C avanaugh, LLC , L ocated South of E. Victor y Rd. on the West side of S . S tanding T imber Way I. F indings of F act, C onclusions of L aw for Hill's C entur y F arm Commer cial (H-2018-0127) by M ar tin L . Hill and Hill & Hill P roper ties, L ocated at 3625 E . Amity Rd. J. Addendum to D evelopment Agreement for Verado West M D A-H- 2018-0085 with C 4 L and LLC (O WNE R) and D ev C o D evelopment, LLC (D EVE L O PER) located at the southeast cor ner of N. L ocust G rove Rd. and E . Ustick Rd. at 3090 N. L ocust G rove Rd., in the NW 1/4 of S ection 5, Township 3 North, Range 1 E ast K. Dog L icen se D esignee Agr eement between P et C ar e C linic and City of M er idian L. Dog L icen se D esignee Agr eement between M er idian C anine Rescue and C ity of M eridian M. Agr eement to Accept P ayment in L ieu of Installing S tr eetlights at Bountiful C ommons S ubdivision N. Awar d of Agreement to T rane U.S ., Inc. “Chiller R’Newal S ervices” to refurbish the C ity Hall Chiller for a Not-To-E xceed amount of $63,585.88 O. Approval of B id Results and Awar d of AI A 132 Agreements to the pr ime contr actors for the “Discover y P ar k M aintenance S hop” to multiple contractor s per the schedule below for a Not-To-E xceed total amount of $264,908.00 B P 1 - L urre C onstruction, I nc. $ 36,950.00 B P 2 - Walker Fox B rick & B lock, I nc. $ 62,850.00 B P 3 - L eighton E nterprises, I nc. $ 34,095.00 B P 4 - S ignature R oofing $ 47,400.00 B P 5 - D &A D oor & S pecialties, I nc. $ 9,640.00 B P 6 - Overhead Door, I nc. $ 9,075.00 B P 7 - P recision S teel & G ypsum, I nc. $ 11,400.00 B P 8 - D avid E pley & A ssociates, I nc. $ 6,125.00 B P 9 - D eB est P lumbing, I nc. $ 2,650.00 B P 10 - T V R , I nc. $ 10,800.00 B P 11 - Mountain P ower E lec. C ontractors $ 33,923.00 P. AP I nvoices for P ayment 12/26/18 - $1,063,100.35 Q. AP I nvoices for P ayment 1/2/2019 - $448,351.33 7. Items M oved F rom T he C onsent Agenda [Action Item] 8. Community I tems/Presentations A. M ayor's Youth Advisory C ouncil Update B. Cottonwood C reek B ehavior al Hospital Introduction - New M eridian Business 9. Action I tems 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. P ublic Hearing for T M Crossing E xpansion (H-2018-0122) by S C S B righton, LLC, L ocated E ast of S. Ten M ile Rd. on the Nor th side of I-84 Approved 1. R equest: A nnexation and Z oning of 1.68 acres of land with a C -G zoning district B. P ublic Hearing for Warrick S ubdivision (H-2018-0115) by S chultz D evelopment, L ocated at 2445 E . Amity Rd. Continued to February 5, 2019 1. R equest: A nnexation and Z oning of 36.22 acres of land with an R -4 (19.94 ac res) and R -8 (16.28 acres) zoning districts; and 2. R equest: a P reliminary P lat consisting of 130 building lots and 19 common lots on 36.22 acres of land C. P ublic Hearing for Rockbury Townhomes (H-2018-0091) by M ichael Nigh, L ocated North of W. Chinden B lvd. on the West side on N. T ree F ar m Way Approved 1. R equest: P reliminary P lat consisting of 47 residential lots and 8 common lots on 6.23 acres of land in an R -15 zoning district D. M ayor's Anti-D rug C oalition (P olice): O ffice of D r ug P olicy S uccess L aw E nfor cement G r ant B udget Amendment Not to E xceed $3,814 (Net Zero) Approved E. M ayor's Anti-D rug C oalition (P olice): Idaho S tate L iquor D ivision G rant Budget Amendment Not to E xceed $4,700 (Net Zer o) Approved F. P olice: I daho Humane S ociety Animal Contr ol Contr act B udget Amendment Not to E xceed $9,528 Continued to January 8, 2019 10. O rdinances [Action I tem] A. O rdinance No. 19-1801: An O rdinance (H-2018-0085 – Ver ado West) F or Annexation Of A P arcel O f L and L ocated In L ot 4 O f S ection 5, Township 3 Nor th, Range 1 E ast, Boise M er idian, Ada C ounty, Idaho, and Adjacent and C ontiguous To T he C orpor ate L imits O f T he C ity O f M eridian As Requested B y T he C ity O f M er idian; E stablishing And D eter mining T he L and Use Zoning Classification O f 19.44 Acr es O f L and F rom RUT To R-15 (M edium High D ensity Residential) Zoning D istrict In T he M er idian C ity Code; P r oviding T hat C opies Of T his O rdinance S hall B e F iled With T he Ada County Assessor, T he Ada C ounty Recorder, And T he Idaho S tate Tax Commission, As Requir ed B y L aw; And P roviding F or A S ummary O f T he O rdinance; And P roviding F or A Waiver Of T he Reading Rules; And P roviding An E ffective D ate Approved 11. F uture M eeting Topics Adjourned at 8:35pm 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 January 2, 2019. A Meeting of the Meridian City Council was called to order at 6:02 p.m., Tuesday, January 2, 2019, by Mayor Tammy de Weerd. Members Present: Tammy De Weerd, Luke Cavener, Ty Palmer, Genesis Milam and Treg Bernt. Members Absent: Joe Borton and Anne Little Roberts. Also present: C.Jay Coles, Bill Nary, Bill Parsons, Sonya Allen, Kyle Radek, Brian Harper, Joe Bongiorno, Steve Siddoway, and Dean Willis. Item 1: Roll-call Attendance: Roll call. __ Anne Little Roberts _ _Joe Borton X__ Ty Palmer X__ Treg Bernt __X___Genesis Milam __X___Lucas Cavener __X_ Mayor Tammy de Weerd De Weerd: Okay. Good evening and Happy New Year. Thank you for joining us for the first City Council meeting of 2019. For the record it is Wednesday, January 2nd. It's a few 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 Larry Woodard of Ten Mile Christian Church De Weerd: Item No. 3 is our community invocation and I don't see Larry Woodard, who was going to lead us. Item 4: Adoption of Agenda De Weerd: So, we will move to Item 4, which is adoption of the agenda. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Just checking. I move that we approve the agenda as published. Meridian City Council Meeting Agenda January 15, 2019 – Page 6 of 462 Meridian City Council January 2, 2018 Page 2 of 55 Milam: Second. De Weerd: I have a motion and a second to approve the agenda. All those in favor say aye. All ayes. MOTION CARRIED: FOUR AYES. TWO ABSENT. Item 5: Future Meeting Topics - Public Forum (Up to 30 Minutes Maximum) De Weerd: Mr. Clerk, anything under Item 5? Coles: There are no signups, Madam Mayor. Item 6: Consent Agenda [Action Item] A. Approve Minutes of December 11, 2018 City Council Workshop Meeting B. Approve Minutes of December 18, 2018 City Council Regular Meeting C. Meridian West Medical Office Building Water Main Easement D. Oberg Subdivision Pedestrian Pathway Easement E. Partial Release of Brinegar Prairie Subdivision No. 2 Water Main Easement F. Pathway Agreement Between the Nampa-Meridian Irrigation District and the City of Meridian Regarding Baraya Subdivision No. 3 G. Pathway Agreement Between the Nampa-Meridian Irrigation District and the City of Meridian Regarding Finch Lateral Oberg Subdivision H. Final Order for Caven Ridge Estates West No. 1 (H-2018-0045) by New Cavanaugh, LLC , Located South of E. Victory Rd. on the West side of S . Standing Timber Way I. Findings of Fact, Conclusions of Law for Hill's Century Farm Commercial (H-2018-0127) by Martin L . Hill and Hill & Hill Properties, Located at 3625 E . Amity Rd. J. Addendum to Development Agreement for Verado West MDA- H2018-0085 with C4 Land LLC (OWNER) and DevCo Meridian City Council Meeting Agenda January 15, 2019 – Page 7 of 462 Meridian City Council January 2, 2018 Page 3 of 55 Development, LLC (DEVELOPER) located at the southeast corner of N. Locust Grove Rd. and E . Ustick Rd. at 3090 N. Locust Grove Rd., in the NW 1/4 of Section 5, Township 3 North, Range 1 East K. Dog License Designee Agreement between Pet Care Clinic and City of Meridian L. Dog License Designee Agreement between Meridian Canine Rescue and City of Meridian M. Agreement to Accept Payment in Lieu of Installing Streetlights at Bountiful Commons Subdivision N. Award of Agreement to Trane U.S ., Inc. “Chiller R’Newal Services” to refurbish the City Hall Chiller for a Not-To -Exceed amount of 63,585.88 O. Approval of Bid Results and Award of AIA132 Agreements to the prime contractors for the “Discovery Park Maintenance Shop” to multiple contractors per the schedule below for a Not-To - Exceed total amount of $264,908.00 BP1 - Lurre Construction, Inc. $ 36,950.00 BP2 - Walker Fox Brick & Block, Inc. $ 62,850.00 BP3 - Leighton Enterprises, Inc. $ 34,095.00 BP4 - Signature Roofing $ 47,400.00 BP5 - D &A Door & Specialties, Inc. $ 9,640.00 BP6 - Overhead Door, Inc. $ 9,075.00 BP7 - Precision Steel & Gypsum, Inc. $ 11,400.00 BP8 - David Epley & Associates, Inc. $ 6,125.00 BP9 - DeBest Plumbing, Inc. $ 2,650.00 BP10 - TVR , Inc. $ 10,800.00 BP11 - Mountain Power Elec. Contractors $ 33,923.00 P. AP Invoices for Payment 12/26/18 - $1,063,100.35 Q. AP Invoices for Payment 1/2/2019 - $448,351.33 De Weerd: Okay. Item 6 is our Consent Agenda. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Meridian City Council Meeting Agenda January 15, 2019 – Page 8 of 462 Meridian City Council January 2, 2018 Page 4 of 55 Cavener: With no changes, I move we approve the Consent Agenda as published with the Mayor to sign and the Clerk to attest. Milam: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. If there is nothing to discuss, Mr. Clerk, will you call roll. Roll call: Borton, absent; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, absent; Bernt, yea. De Weerd: All ayes. MOTION CARRIED: FOUR AYES. TWO ABSENT. Item 7: Items Moved From The Consent Agenda [Action Item] De Weerd: There were no items moved from the Consent Agenda. Item 8: Community Items/Presentations A. Mayor's Youth Advisory Council Update De Weerd: So, we will move to Item 8-A, which is an update under Mayor's Youth Advisory Council. And, Jared, it is great to see you. Gonzales: You, too, Mayor. Great to see everybody. Thank you for having me, City Council. So, I'm filling in for Ben Hutchins, but I am also on the Executive Council as communications coordinator. We didn't have a full month in December, of course, because of the holidays, but we did have our Christmas party, so we also coupled that with our sock drive. We had over people -- or over 60 people in attendance and that was a lot of fun. We had our ugly sweater contest, we had a lot of games and we also had a gift exchange and the sock drive also went well, so that was good. Another thing that we do every year. So, that was a lot of fun. And, then, we also delivered -- we also delivered cookies on Christmas Eve to people that had to work on the holiday. So , we had a couple different locations as you can see. Senior centers, The Village, Maverick and hospitals and we baked over a hundred cookies and hand decorated them. So, that was a lot of fun and it went really well. So, we will probably be doing that again. We also have a couple upcoming events. So, January 14th we have our participatory budgeting expo. So, that will entail a workshop, too, where we can get together in groups and really define the details, like why we are doing the project, some partners in the community that we will be possibly working with and other details like prices. So, that will come January 14th with the presentations. And you are all welcome to come to that, as well as the legislative breakfast, we would love to see you guys there at the legislative breakfast where we will be presenting legislation to lower the voting age in primary elections to 17 if the individual will be 18 by the general election. So, that will hopefully increase voter turnout and start Meridian City Council Meeting Agenda January 15, 2019 – Page 9 of 462 Meridian City Council January 2, 2018 Page 5 of 55 habits young in voters and, of course, they will be the same voters that are voting in the general election, so it's not reducing the voting age per se. I guess it's -- there is a few more details and we will explain them during the legislative breakfast and, again, we would love to see all the City Council there. And also on that Saturday we have our Teen Activities Council sledding event and it's a lot of fun just to have kind of team bonding and just fun. So, then, we also have Youth Lobby Day, partnering with the American Heart Association. We are lobbying at the state capitol for a couple different issues an d, hopefully, also check in with our own legislation and , yeah, I'm opening up to questions now if there are any. De Weerd: Thank you, Jared. Council, any questions? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Jared, thanks for being here during your holiday break. Appreciate it. The participatory budgeting expo, I don't -- I didn't hear the time. Do you know what time that is? Gonzales: The time will be 6:00 o'clock on Monday. That's our normal meeting time. Cavener: Thank you very much. Gonzales: Yeah. De Weerd: Okay. Any other questions? Cavener: Keep up the great work. De Weerd: Thank you, Jared. Thank you for joining us tonight. And I have a question for Jodi. I guess I would ask you to come up. At the last PB meeting it was discussed that we would have the expo on the 14th and that it would be more developing groups behind each of the ideas, so that they could all come together and refine the why and the presentations for an expo at a later date. St. Martin: Thank you, Madam Mayor, City Council. I suppose the best word to have used would not have been expo, but within -- within MYAC they will be presenting the top five and, then, working together as groups to further develop those ideas before they are really presented as something to be voted on. De Weerd: Okay. So, this is -- it would be the -- the following meeting that they would more have the -- the voting exercise, the presentations for -- St. Martin: Full presentation. Meridian City Council Meeting Agenda January 15, 2019 – Page 10 of 462 Meridian City Council January 2, 2018 Page 6 of 55 De Weerd: -- looking for feedback from Council and that sort of thing later in January. St. Martin: That's right. Anything else? De Weerd: No. St. Martin: Okay. Thank you. B. Cottonwood Creek Behavioral Hospital Introduction - New Meridian Business De Weerd: Okay. Our -- our next item, Item 8-B, is kind of an introductory from one of our newest Meridian businesses, Cottonwood Creek Behavioral Hospital, and if you would like to come forward. Thank you so much for joining us and being here to introduce your -- your hospital and -- and I know you have an invitation to come out to the grand opening and an open house as well. Sheridan: Yeah. Thank you, Madam Mayor, and thank you, City Council. We appreciate the chance to come in briefly and give the city an update. As you -- as you all may recall, with a lot of support from the City of Meridian we were able to purchase the property in February of this year with the intent to open up a new psychiatric acute care hospital in Meridian, Treasure Valley area, Cottonwood Creek. My name is Phil Sheridan, I'm the hospital administrator for the project. I just wanted to give you folks just a quick update. We have invested, you know, approximately 15 million in capital into this remodel project. We are on time to finish and open our doors January 14. We are -- we have a temporary certificate of occupancy. We are in the building as we are speaking, training our first 60 staff to be partners with us and actually opening our doors on the 14th and as you referred, we do have an open house the evening of January 9 th between 4:00 and 7:00. We extend an invitation to anyone that's available to -- to come attend and tour the building and just see -- just see the work we have done. I think it's going to really be amazing. We are -- we are really -- we are excited to bring new services to the valley and to Meridian in particular and we think the facility itself is really going to be a showcase for what -- for what a behavioral health hospital in 2018, 2019 can really look like for us. So, we are excited for consumers and patients and families and just appreciate the opportunity to give the City of Meridian an update and I don't know if anyone has any questions for me about the project, but I would be happy to try and answer. De Weerd: Thank you, Phil. I know in talking to your office that a couple of our Council Members have also RSVP'd and so there is great interest in seeing the facility. We have seen it as a couple of things up to this point and appreciate the vision that you have for it and certainly the services that you will provide this valley and our citizens. Sheridan: Yeah. We are really happy to be part of this municipality in particular. It matters so much to have a receptive town to work with, a receptive city to work with and you guys have just been tremendously supportive and we really wanted to just extend our thanks for that as well, so -- Meridian City Council Meeting Agenda January 15, 2019 – Page 11 of 462 Meridian City Council January 2, 2018 Page 7 of 55 De Weerd: Thank you. Council, any questions? Okay. Well, we appreciate you coming. This is -- this is a first that -- where we have had a new business just come to introduce themselves and -- and to do a personal invitation. So, appreciate that. Sheridan: Yeah. Absolutely. Thank you. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: When is -- when is that open house next week? Cavener: It's Wednesday. Sheridan: Next week the 9th. The evening of the 9th between 4:00 and 7:00. Anyone's welcome. Bernt: Thank you. De Weerd: Thank you very much. Sheridan: Thank you. Cavener: Happy New Year. Item 9: Action Items De Weerd: We look forward to it. Okay. Item 9-A under Action Items. We will move right into our public hearings. I -- I will just give a brief overview if you -- if this is your first City Council meeting. The process that we follow is detailed in your agenda, but we first have staff give their staff report to talk about the project and if it meets our codes and our Comprehensive Plan and give Council further detail about the application itself. Then they -- we move to the applicant, who has 15 minutes to provide additional detail and visuals that they sometimes will bring. Then we enter into our public hearing process and we hear from you our citizens. Public testimony is three minutes in length and there is a clock on the screen at the podium, so you can kind of keep an idea of where you are in your -- your time. Council at the end of the public hearing will hear from the applicant to present any additional follow up to what has perhaps been brought up in the public testimony and, then, we will stand for questions from our City Council Members. Council has questions typically for staff, the applicant, and sometimes members of our public who have offered testimony. Then the public hearing will be closed and Council will render a decision and that decision is made on the public record that is on our website. So , there is written information from various agencies and minutes from the public, our Planning and Zoning public hearing as well. A. Public Hearing for TM Crossing Expansion (H-2018-0122) by SCS Meridian City Council Meeting Agenda January 15, 2019 – Page 12 of 462 Meridian City Council January 2, 2018 Page 8 of 55 Brighton, LLC, Located East of S. Ten Mile Rd. on the North side of I-84 1. Request: Annexation and Zoning of 1.68 acres of land with a C -G zoning district De Weerd: So, with that I will ask staff to -- I will open the public hearing for H-2018-0122 and ask for staff comments. Allen: Thank you, Madam Mayor, Members of the Council. The first application before you tonight is a request for annexation and zoning. This site consists of 1.68 acres of land. It's zoned R-1 in Ada county and is located on the north side of Interstate 84, east of South Ten Mile Road. This property was included in the Primrose Subdivision plat and designated as a public use area, but never developed as such and has been being used as a pasture. This designation was vacated in 1979 and it was recently removed from the plat. The Comprehensive Plan Future Land Use Map designation is low density residential. The applicant is requesting annexation and zoning of 1.68 acres of land with the C-G zoning district consistent with the commercial Future Land Use Map designation. Because the Future Land Use Map designations are approximate and not parcel specific, the applicant is requesting the adjacent commercial designation to the west to float to this property. As you can see the Future Land Use Map is the one on the right there. The applicant has submitted letters from the abutting residential property owners, the Atwoods, the Hennis, and the Plowman in support of the request. The applicant proposes to develop the site with a parking lot to serve a future development phase of the TM Crossing, a development to the west containing professional offices, and you can see there this is the site here with the red line around it. A 25 foot wide landscape buffer and a six foot tall fence will be provided along the north and east property boundaries to screen the parking area from the adjacent residential uses. Public access to the parking lot will be provided from the TM Creek -- or, excuse me, TM Crossing development to the west via Navigator Drive. Emergency access to the commercial development will be provided from the east via West Verbena Drive along the north boundary of this site within the existing unimproved right of way. As a provision of annexation staff is recommending a development agreement containing the provisions in section eight of the staff report. The Commission recommended approval of the subject application. Mike Wardle testified in favor and no one testified in opposition or commented on the application . Written testimony was received from Mike Wardle, the applicant's representative, in agreement with the staff report. There were -- there were no key issues of discussion at the hearing, nor were there any changes to the staff recommendation. No written testimony has been submitted since the Commission hearing. Staff will stand for any questions. De Weerd: Thank you, Sonya. Council, any questions? Is the applicant here? Happy New Year. Wardle: Happy New Year to you. Thank you very much. Mike Wardle . 12601 West Explorer Drive. Sonya has provided all of the information. I would be happy to answer questions, but it's simply a -- an extension for parking for a future building and what is Meridian City Council Meeting Agenda January 15, 2019 – Page 13 of 462 Meridian City Council January 2, 2018 Page 9 of 55 now becoming, really, a very substantial business park at the Gateway At Ten Mile. Happy to answer questions. De Weerd: Thank you. Council, any questions at this time? Okay. Thank you. Wardle: Thank you. De Weerd: Mr. Clerk. Coles: Thank you, Madam Mayor. There are no signups this evening. De Weerd: Okay. This is a public hearing -- yes. Happy New Year. if you will, please, state your name and address for the record. LaFever: Happy New Year. Denise LaFever. 6706 North Salvia Way. De Weerd: Thank you. LaFever: Meridian, Idaho. And I just have a couple comments on it. First of all, just to acknowledge we are in the middle of a Comprehensive Plan change and this is -- even though you can float it, you got to draw a line somewhere and we have an extensive Ten Mile plan, which this is outside of, just noting that, and I have sat through over two years of Planning and Zoning and City Council meetings and the staff in the past has said that when we are going through and making these changes that it is in our best interest to have prelims, landscaping plans, and all those documents right up front. This is missing the prelim, it's missing the landscaping plan, so with all of this said, I'm not against this by any means, but I would like to see -- it says at a minimum in the development agreement. At a minimum I would like to see in there that the restricted use is for the parking lot, so that as citizens we know that's how it's going to develop. And in addition to it, nowhere in there for people living around there. The people are okay with it, but if they sell it as a residence there is nothing in there about the parking lot lights. There is nothing in here. And, in addition to that, there is no timeline for the developing of this to get the landscaping and whatnot in there as well. So, I'm -- I'm not against it, but I think we still -- depending on who the developer is it shouldn't matter who they are, they should follow along with the processes and this is a little vague on -- on the minimum requirements. So, I would like to see the use restricted to a parking lot and something to address the lighting. De Weerd: Okay. Thank you, Denise. Is there any further testimony? Okay. Any -- any follow up from the applicant? Wardle: Madam Mayor, again, Mike Wardle. The development agreement will specify the use. The parcel will not be developed until the adjacent building that's depicted just beyond the yellow line comes in and includes this as part of that development . At that point there will be specific landscape plans and so forth, but to do something at this point is really not useful. So, all of the necessary procedures will be followed in the normal Meridian City Council Meeting Agenda January 15, 2019 – Page 14 of 462 Meridian City Council January 2, 2018 Page 10 of 55 course of development when a project comes forward that includes this parcel. Be happy to answer any additional questions. De Weerd: Thank you. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Mr. Wardle, Happy New Year. Thanks for being here. Wardle: Thank you. Cavener: That building, what's your guys's timetable? Is that two years out? Three years out? Wardle: Madam Mayor, Commission -- or Council Member Cavener, I would assume well within two years. There is interest, but nothing that I can reveal at this point. Cavener: Nor would I ask you to. Wardle: Thank you. Cavener: Madam Mayor, follow up. A date certain of 36 months from annexation, is there any heartburn? Wardle: Is this a new policy, Madam Mayor? I'm not certain that once it's defined by development agreement there is no sun setting. Cavener: Well, I'm just -- Wardle: I would not encourage the Council to get into that, because you will see it again if something changes in the economy and -- I don't know, do you want to open the door for having to bring everything back that would normally be handled through the development process and design review and CVC process -- CZC process, so -- Cavener: Sure. Thank you. Wardle: Thank you. De Weerd: Anything further? Okay. Thank you. Staff, any further comments? Allen: Madam Mayor, just to reiterate, staff is recommending a development agreement that does tie development of this site to the concept plan shown before you here. It does include provisions for some residential uses, as well as to I-84. Pathway requirements, Meridian City Council Meeting Agenda January 15, 2019 – Page 15 of 462 Meridian City Council January 2, 2018 Page 11 of 55 pedestrian connections, it's quite inclusive of all those things. So, if you have any questions I'm happy to answer them. De Weerd: Thank you. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I move we close the public hearing on Item H-2018-0122. Milam: Second. De Weerd: I have a motion and a second to close the public hearing. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: FOUR AYES. TWO ABSENT. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I move we approve Item 9-A, H-2018-0122 as presented. Palmer: Second. De Weerd: I have a motion and a second to close -- or, I'm sorry, to approve Item 9-A. Is there any discussion? Mr. Clerk, will you call roll. Roll call: Borton, absent; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, absent; Bernt, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FOUR AYES. TWO ABSENT. B. Public Hearing for Warrick Subdivision (H-2018-0115) by Schultz Development, Located at 2445 E . Amity Rd. 1. Request: Annexation and Zoning of 36.22 acres of land with an R-4 19.94 acres) and R-8 (16.28 acres) zoning districts; and 2. Request: a Preliminary Plat consisting of 130 building lots and 19 common lots on 36.22 acres of land Meridian City Council Meeting Agenda January 15, 2019 – Page 16 of 462 Meridian City Council January 2, 2018 Page 12 of 55 De Weerd: Item 9-B is a public hearing for H-2018-0115. I will open this public hearing with staff comments. Allen: Thank you, Madam Mayor, Members of the Council. The next applications are a request for annexation and zoning and a preliminary plat. This site consists of 36.22 acres of land. It's zoned RUT in Ada county and it's located 2445 East Amity Road, on the south side of Amity, west of Eagle Road. The Comprehensive Plan Future Land Use Map designation is low density residential, which calls for three or fewer units per acre. Annexation and zoning of 36.22 acres of land with the R-4 zoning, which consists of 19.94 acres of the site and R-8 zoning, which consists of 16.28 acres of the site as shown there on the overhead before you. The applicant is requesting a step up in density from low density residential to medium density residential , which is three to eight units per acre without an amendment to the future land use map. In residential areas the comp plan provides for other densities to be considered without requiring an amendment to the future land use map. The gross density proposed is 3.6 units per acre, which is only .6 unit per acre more than allowed within the low density residential designation. There is an existing home and several accessory structures on the site that are proposed to be removed prior to development. A preliminary plat is proposed as shown consisting of 130 building lots and 19 common lots on 36.22 acres of land. A mix of housing types are proposed consisting of single family residential detached unit s 106 of those are proposed as attached homes 24 of those are proposed, ranging in size from 1,350 square feet to 4,000 square feet, with an average lot size of 7 ,659 square feet. One access is proposed via Amity Road, a stub street Scrub Pine at the west boundary is proposed to be extended and stub streets are proposed to the south and east for future extension . ACHD is requiring the stub street to the east, shown there, to be shifted to the south approximately 375 feet, between Lots 11 and 12, Block 7, which will necessitate provision of a pathway north of that within the same block in order to comply with the block face standard. Landscaping is proposed within the development, consisting of a 50 foot wide street buffer along Amity Road, with the 20 foot wide berm . Parkways along local streets within the development containing mitigation trees and common open space areas along pathways. A minimum of ten percent or 3.62 acres of qualified open space is required to be provided, along with a minimum of two qualified site amenities, the applicant is proposing to provide 5.46 acres or 15 percent qualified open space consisting of a two and a half acre park, common area containing pathways, half the street buffer along Amity Road, a minimum 50 by 100 foot common area and common area with a pond and the qualified areas are as shown there on the open space exhibit. Site amenities are proposed as follows: Pedestrian pathways throughout the development and a segment of the city's multi-use pathway along the Ten Mile Creek corridor. A community swimming pool, clubhouse, sitting area and additional qualified open space, approximately 20,000 square feet above the minimum required from the quality of life , recreation, and pedestrian or bicycle circulation system categories. Staff also recommends children's play equipment is provided as an additional amenity. The Ten Mile Creek runs along the east boundary of the site and is required to remain open as a natural amenity. The Beasley Lateral crosses the site and is proposed to either be relocated, meander north and west through the site, or diverted completely to the pond at the southeast corner of the site and the creek. The applicant is unsure at this time. Fencing is proposed within the development in accord Meridian City Council Meeting Agenda January 15, 2019 – Page 17 of 462 Meridian City Council January 2, 2018 Page 13 of 55 with UDC standards. No fencing is proposed along the multi-use pathway and the creek. The UDC states that fencing along natural waterways shall not prevent access to the waterway unless determined by Council to be necessary to protect public safety. If Council determines fencing is necessary, a requirement for fencing should be added. Conceptual building elevations and photos were submitted for future attached and detached homes and the clubhouse proposed within the development. The clubhouse and single family residential attached units are required to comply with the design standards listed in the architectural standards manual. The rear and side of two story homes on lots that face Amity Road are required to incorporate articulation, since they will be highly visible from the arterial street. The Commission recommended approval of these applications. Matt Schultz, the applicant's representative, testified in favor, as did Steven Stark. No one testified in opposition. Kathy Stark commented. And written testimony was received from Matt Schultz, the applicant's representative. The key issues of discussion was the opinion that attached homes are not appropriate for this development and concern by the Starks pertaining to floodplain on their property resulting from changes to the site and an increase in the water level of the creek. They did request for an off-site condition requiring the size of the culvert to be increased underneath the bike path to equal that of the culvert going underneath Amity. Key issues of discussion by the Commission. Really, the only item of discussion was the requirement for a children's play structure to be provided within the development as recommended by staff. The Commission did end up removing that requirement. The only outstanding issue for Council tonight -- there are two. The first is the applicant requests Council approval of a step up in density from low density residential to medium density residential for a proposed density of 3.6 units per acre. And, lastly, the staff recommends a new condition is added requiring a pathway connection through Block 2 in the vicinity of Lots 7 and 8. That would be right in this location right here. To comply with the block face standards and provide a pedestrian connection from the common area where the clubhouse is located to the pathway along the creek. There has been no written testimony submitted since the Commission hearing. Staff will stand for any questions. De Weerd: Council, any questions? Okay. Is the applicant here? Happy New Year. If you will, please, state your name and address for the record. Schultz: Happy New Year, Mayor Tammy and Council. Matt Schultz. 8421 South Ten Mile in Meridian. I'm here on behalf of Berkeley Building Company. We have done a couple projects over the last few years -- smaller ones. We have -- we have done 33 homes in the front of Sutherland Farm called Bancroft Square and we also did Pond Subdivision, which we are now trying Settlers Lane over on Meridian and Ustick with 20 lots and happy to be here with Berkeley Building Company to do a high quality product. They also do diverse size or product types. Those two I mentioned were some more of that more efficient lot sizes of, you know, 40 and 50 foot wide lots, but he also builds some builder teams around town in say like Reflection Ridge on some of the -- some of the bigger lots, too, and he's excited to showcase his whole portfolio and try to hit a couple different price points, if you will, in a high quality area with some high quality amenities that everybody gets to enjoy within that community, regardless of whether they live on a little bit less large lot or not. So, we are excited to present a comprehensive community Meridian City Council Meeting Agenda January 15, 2019 – Page 18 of 462 Meridian City Council January 2, 2018 Page 14 of 55 as well. What was typical about some of those smaller ones, you know, you got five acres or you got maybe a little playground, maybe not, and it just -- how do you really make it as his own Berkeley Building Company project. And so this gives an opportunity to plan that out comprehensively and we think we have done a good job of, you know, having a diversity of product type, as well as centralizing some open space -- ample open space above and beyond the minimum requirements. In fact, we would have more -- in fact, we do have more and just can't count it. Typically the detached parkways you get about five percent extra, which we have done. We put extra trees in those to compensate for some of the large trees around the house that's going away and so we didn't count those. But it's still there, it's just not qualified. So -- so, we would be even higher than that even than we already are on the stats, but it's a -- we are excited about having a pool. Big open space. It's a two and a half acre park that -- you know, we kind of lose some scale against this plan, but it's about a 230 by 170 foot open area just west of the pool. It's a pretty large play area there. The owner -- we thought about putting a playground in there and he was like, well, we got a really big open area there and I would rather just -- it doesn't really add any value for me on his market that he was looking at and so we thought because of the ample extra big open space that it wasn't actually required that we do a playground and so Commission agreed with us. That's what we proposed. We have also got a pathway along the Ten Mile Creek and regional pathway and as far as the fencing goes there is no fencing I don't think anywhere along the Ten Mile on the -- on the creek side. These drains and ditches -- like Tuscany, there is a multi-use pathway along there and there is no fencing between the pathway and, then, the creek. It's just at the backyards, then, you have your pathway and, then, it's open. If it was a canal, like at Ridenbaugh, you definitely want to fence both sides. So, we are not proposing anything that's unsafe or out of the ordinary by -- by not having that fence. In fact, I was surprised that that condition came up, because it just hasn't -- it just isn't done along these drains. So, that's the fencing issue. As far as the -- our neighbor, the Starks, they live across the street on Amity. Amity is a five lane arterial -- it will be when it's all built out. There is a flood zone that goes down the Ten Mile Creek right now that that -- there is an existing 36 inch culvert. Theoretically the hundred year event, it backs up, there was a flood problem, so we are going to work in conjunction with ACHD and build a huge box culvert across Amity and into the Stark's property a little bit and just north of that there is a -- essentially the Tuscany pathway wants to -- it does cross -- it will cross the Ten Mile Creek and there is another culvert there. So, we assured them at the last hearing -- and we will do it again here tonight -- that we are going to work with the ditch company -- it's kind of out of ACHD's jurisdiction, but to basically extend the pathway the rest of the way to Amity, as well as make that big enough that their -- their flood zone does not get worse. In fact, it's going to get a lot better. It's going to go down. And so we have -- we are committed to that. So, with that we concur with staff's recommendations for approval and will stand for any questions. De Weerd: Thank you, Matt. Council, any questions? Milam: Madam Mayor? De Weerd: Mrs. Milam. Meridian City Council Meeting Agenda January 15, 2019 – Page 19 of 462 Meridian City Council January 2, 2018 Page 15 of 55 Milam: Happy New Year, Matt. So, I'm going back to the playground. Schultz: Okay. Milam: I know that's my area and you said you didn't feel it -- or your owner didn't feel like he needed one because of your clientele. So, is this a 55 and up subdivision. That's about what that would mean to me. Schultz: Not necessarily, Mayor, Council Woman Milam. Not necessarily. Just in general we just think it's a bigger open space and that was the amenity versus the -- the playground. It doesn't mean it's going to be 55 and over, it just means that he just didn't think it was a big marketing thing or it was something that he didn't want to offer. He'd rather offer the pool and some other things, which, obviously, it can't be year around, but playgrounds aren't either. So, that's just a developer's choice, so he decided not to and, obviously, if it's a sticking point for Council we are not going to go away, we are not going to do it, so it's just -- we have submitted without it and we will go with your recommendation. Milam: Madam Mayor, follow up. And I'm only one vote. I feel very strongly that there should -- I think it's great, I love your amenities, they are beautiful and you have all that space and I was just recently at a birthday party at a clubhouse and the kids were all leaving the clubhouse to go play on the playground, because it was right there, you can see it through the windows, and it -- I was just thinking how -- what a great amenity the playground was right by the clubhouse, so you weren't cramming a bunch of kids and grown-ups in it, so -- but by my calculations, you know, this subdivision could have anywhere between one hundred and seven hundred kids. So, it would only be used for like three or four months a year -- anyway, that's just my two cents on that. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Matt, all in one phase? Do you anticipate -- Schultz: Mayor Tammy, Councilman Cavener, we are looking at probably three -- three or four phases is what we are looking at for the 130. Cavener: Madam Mayor, follow up. Talk to me about timing. When do you -- should you get approval what are we looking at as far as a timetable for phase one , phase two, phase three? Schultz: Hoping phase one by this fall and, then, probably one a year after that. Cavener: Thank you. De Weerd: Okay. Any other questions at this time? Meridian City Council Meeting Agenda January 15, 2019 – Page 20 of 462 Meridian City Council January 2, 2018 Page 16 of 55 Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: What -- hi, Matt. How are you? Happy New Year. And what -- what phase would the -- the clubhouse fit in? Schultz: Yeah. Mayor Tammy, Councilman Bernt, we are -- we are looking to do it in the first phase. We think it's a strong marketing thing to have that done and not hanging ou t there as a carrot. So, that's why we are -- we want to do it in the first phase. De Weerd: Anything further? Okay. Thank you very much. Allen: Madam Mayor, excuse me. If I may, I need to clarify the record. I did miss -- miss -- I misspoke and said that there was no written testimony submitted on this application. There were actually two letters. One from Steven and Kathy Stark and that was in regard to the issue pertaining to their concern regarding the floodplain on their property and , then, there was also a letter from David Palumbo and he was objecting to the city's noticing standards on that. So, anyway, just wanted to clarify that. Thank you. De Weerd: Thank you. Okay. Mr. Clerk. Coles: Thank you, Madam Mayor. One sign up this evening. Steven Stark. De Weerd: Happy New Year, Mr. Stark. Stark: Thank you. De Weerd: If you will, please, state your name and address. Stark: Steven Stark. I'm at 2630 East Amity Road. We live across the street and slightly to the east. Is it possible to put page two of my letter up on this? The way the plans are presently drawn it will increase the floodplain on our property. There is a large -- there is two pipes that are on -- going onto our property and coming off our property. Both of those pipes are in the City of Meridian and one is on Asay Lane there and the other one is on Amity -- you know, it goes underneath Amity Road. So, right now the plan is to -- is to increase the size of the -- of the culvert on Amity, but there is no reference to this other pipe replacement. So, I drew circles around where -- you know, here is the one on the -- on the road on Amity. That's going to be increased to nine by 18 feet and, then, the one on Asay Lane over there off of our property, but, you know, you can see where our property would end up getting all the -- all the water, that is -- there is no plans written for -- to increase the size of that pipe and right now it's 40 inches. So , we have had experience with this dealing with FEMA and it's a nightmare. We had to buy flood insurance. We had to work with -- thankfully, David Mills of the City of Meridian helped us straighten it all out and we got it -- we got it straighten away, but we are close on the -- on the -- on the flood zone. So, any -- any tampering with it like that is going to -- it's Meridian City Council Meeting Agenda January 15, 2019 – Page 21 of 462 Meridian City Council January 2, 2018 Page 17 of 55 going to wreck us. So, anyway, I was talking to the city engineering, I talked with Nampa- Meridian Irrigation District, I talked with Ada county, I talked with Ada County Highway District -- everybody said the City of Meridian has the responsibility and the authority to protect the -- the flood zone from being increased. So, they all agreed that the -- the culvert downstream has to be -- has to be changed. So, I talked with Jason Korn, City of Meridian, and he was very helpful, as well as all the people I talked to in this whole ordeal and he told me that the final approval was his department's responsibility, but that it really wasn't a public process we could follow on. There is no -- there is not a -- not anything that we could look at to see if it was being addressed or not. So, I would like -- I'm asking the Council to have some kind of plan process. I don't think the flood plain management should be something negotiated between me and the developer or anything like that. I think it should be an engineer process, a waterway -- it's a natural waterway and it should be something that is just taken care of. Matt did mention that he -- he thought one idea would be to put a culvert across our property, but it's a natural waterway, you're not supposed to put culverts on natural waterways and I don't want to lose access to our water -- you know, our creek. We take the grandkids down there, there are duck and stuff like that. So, I'm just asking the City Council to establish condition on the project that the base flood evaluations are to be established after the box culvert and the right sized culvert are installed, so that the flood plain is not increased and we would like a process in place that we can follow that assures that the flood plain is not increased on our property. So, that's all I have. De Weerd: Mr. Stark, just a question. So, this is a Nampa-Meridian Irrigation District area? Stark: It is. The people we have always dealt with and the people that came out and cleaned it was Nampa -- Nampa-Meridian Irrigation -- De Weerd: Okay. And they are calling it a natural waterway? Stark: No. The -- De Weerd: I thought I almost got it. Stark: The staff's report called it a natural -- a natural waterway. That's on page eight of the staff report. Page eight, Item Q, I think. A waterway. The Ten Mile Creek runs along the east side boundary. As a natural waterway it's required to remain open as a natural amenity and should not be piped or otherwise covered and should be improved and protected with a development in accordance with the Comprehensive Plan and, in addition to that, though, we don't want to lose access to the water on our -- on our property and in addition to that, a drainage doesn't flood, you know, but a natural waterway does flood. So, that's our understanding. We have been up and down this ladder a lot and -- De Weerd: I can imagine. Meridian City Council Meeting Agenda January 15, 2019 – Page 22 of 462 Meridian City Council January 2, 2018 Page 18 of 55 Stark: Yeah. A drainage -- a drainage just doesn't flood. There is no -- we have a -- we have a ditch on the other side of our property and there is no flood on that, you know, so -- on this waterway there is. De Weerd: Okay. Well, maybe why -- if you can stay with us -- Kyle, do you have some comments on what can happen here? Radek: Madam Mayor, Jason and Dave kind of updated me on this. Our floodplain ordinance requires -- this is a -- this is an area that was an approximate -- it's called an approximate A zone. It hasn't had a detailed study by a professional engineer yet using the -- the HEC-RAS, the tools that give it base flood elevations. It's just kind of a blob on the map right now. The developer will need to do a detailed study in this case and submit it to Jason, the floodplain administrator, and it will have to show the existing conditions and, then, proposed conditions and so there will be -- out of the detailed study there will be base flood elevations that will be determined and -- and the shape of the flood will likely change. Typically on Ten Mile Creek and all the other detailed studies that have been done, the floodplain has gone from a big blob to -- all the water really is in the channel. So, generally conditions have gotten better for everybody that lives near the creek with all the detailed studies. That being said, our -- our ordinance says that the cumulative effect of any proposed development , when combined with all other existing and anticipated development, shall not increase the water surface elevation of the base flood more than one foot at any point. So, the developer is going to have to do a detailed study to determine what the base flood elevations are all the way through and , then, by our ordinance he can't increase the base flood elevation by one -- by one foot at any one point and that's up to the floodplain administrator to kind of allot that one foot. We generally don't allow somebody to say, oh, yeah, we will take our foot and, you know, we are going to increase the -- the -- the base flood elevation on the Stark's property by a foot and it's okay. That's something that perhaps the -- would be a point of discussion for the developer. Will they commit to -- from existing to proposed no change in the base flood elevation. However, you could end up with a situation where the detailed study determines that the flooding on the Stark's property is really actually even worse than shown on the approximate A zone, so -- and, then, the solution may be to take out that culvert, but I'm not sure, if that's the case, if the developer's responsibility is to improve the existing condition. Our ordinance requires them not to make the existing condition that much worse. Stark: And that's what I'm interested in is not making it worse, you know, because if you -- if you have a 40 inch pipe and a 40 inch pipe and, then, you replace one with a nine foot by 18 foot opening, it has potential to be a lot worse, you know, and -- and it's -- and the long-term impact of selling a house with a -- in the flood zone or selling a house not in a flood zone is significant, along with flood insurance for the life of the mortgage. De Weerd: And I guess what Kyle explained is by our ordinance it cannot make that significant occurrence that you suggested happen. Stark: Uh-huh. Meridian City Council Meeting Agenda January 15, 2019 – Page 23 of 462 Meridian City Council January 2, 2018 Page 19 of 55 De Weerd: So, they would have to show how they would mitigate that and it could be taking that culvert out. So, at this point, until we have the in-depth study on that, we can't give certain assurances, other than our code says that that study has to show that it will not make a significant impact on -- on your property and other adjoining properties. Stark: So, it just -- so, the development won't go on if our -- if it increases the floodplain on our property? De Weerd: It would have to find a different solution. Stark: Okay. De Weerd: Yeah. Stark: Okay. De Weerd: So, that -- that's our assurances is it can't move forward without them showing how they would mitigate any impact. Stark: Thank you. Coles: Mr. Stark was the only sign-up this evening. De Weerd: Okay. This is a public hearing. Is there anyone else who would like to provide testimony on this item? Yes, please. Good evening and Happy New Year. If you will, please, state your name and address. K.Stark: Kathy Stark. 2630 East Amity Road. And I have just two concerns. Of course the culvert is my main concern. Flood. There is a -- I believe Matt Schultz is doing the property past us, the Wells property, and they are required to -- I think they are putting in that same nine foot by 14 foot culvert thing down the way from us. So, that would, you know, put us in the middle of that smaller culvert anyway, but you said it won't happen. I trust you -- De Weerd: Well -- and I -- K.Stark: But I'm a little nervous, because of all the development that's happened around us and we have had to really babysit them doing what they say they will do. So, that does make me a little nervous, but -- De Weerd: Well -- and I guess, Kyle, did you have -- I saw you pull the microphone. Radek: Madam Mayor, in anticipation. You know, like I said, it's -- it's possible that the detailed study is done and the -- and the flood location is actually worse than it is on the map now, but that's -- that's not going to be anybody's fault when -- if it's existing conditions. The detailed study is done on existing conditions and it shows up and it's Meridian City Council Meeting Agenda January 15, 2019 – Page 24 of 462 Meridian City Council January 2, 2018 Page 20 of 55 actually worse than it's mapped now. That could happen. But I -- I -- and I think maybe that's a discussion that you should be having with the developer to make sure that when this is done, if there is -- if there is a flood condition that should be improved, let's find a way to -- to improve it and I think your -- your concerns with that -- that culvert there are -- are legitimate. There -- there -- there could be a backwater there that would be affecting you now, you just don't know, because you don't have a detailed study done. K.Stark: That's interesting, because from what -- we have talked to every person, they always say it could be wrong, that there is no way that should be in the flood zone, that it's been contained. It would be contained to the Ten Mile Creek, blah, blah, blah. You know -- you know what I'm saying. So, am I understanding you correctly saying that you think it could be actually worse? De Weerd: No. I don't think that that was the suggestion, but it could be because of what has gone on. All we can do is look at it as -- at an application by application basis and so anything that's influenced that area outside this -- this application -- this application would show current conditions and it could show that the flood zone had increased. Is that what you're suggesting? Radek: Madam Mayor -- De Weerd: Or it will show maybe a decrease. Radek: Madam Mayor, I'm just saying that when you do -- do a detailed study -- a detailed study has not been done in this location and when you do a detailed study, then , you will find out really where the water is going to go, because nobody has done a hydraulic study based on survey of the topography around this area . That's all I'm saying. So, you could end up with something that's -- that's -- for existing conditions that's worse than the map shows now, but our ordinance is saying that from whatever it is now to whatever it is after the developer is there, it's not going to get worse to the extent of one foot. K.Stark: Okay. De Weerd: Thank you. K.Stark: Thank you. The other concern I have is for the step up in density. I know the Comprehensive Plan is in the middle of being reworked or whatever, but from my understanding it's still going to be under 3.6 per acre for this area. So, I'm quite concerned about the step up in density, especially -- I know the schools in Meridian in that area -- we have had so much construction. I know the schools are overcrowded. So, you're talking about -- like she said, maybe potentially 700 more children going to Meridian schools and that is a great concern and with, you know, areas to play, you know, we live surrounded by Tuscany and I have been to some meetings and they will say our kids play in the streets and I'm like, oh, my gosh, the kids are in the streets, you know, and -- and there is a -- and that's with disregard to the other developments that have been approved that are not -- they are currently being built, such as the Wells and Castle Creek across the Meridian City Council Meeting Agenda January 15, 2019 – Page 25 of 462 Meridian City Council January 2, 2018 Page 21 of 55 street in addition. So, I would request and really desire that you would keep with the Comprehensive Plan and keep the zoning to R-4. Thank you. De Weerd: Thank you, Kathy. Is there any further testimony? Matt, would you like to come forward with final comments, answer questions. Schultz: Thanks, Mayor Tammy. Matt Schultz for the record again. Last issue first about the schools. We did talk to the school district about -- I think there was an old comp plan map that showed a school here like on this property and I was like, whoa , whoa, whoa. He was like no, no, no, we got Hill Century Farm, we don't want a school in this area. It's okay. Just making sure. You know. So, the school district has chimed in and thinks that they are -- about a mile away we have Hill Century Farm is where we are at from this property to a school. So, that's -- as far as the school district goes, the school district that we were covered. As far as density goes and where we are at at 3.6, I feel like we are splitting hairs a little bit, because, yeah, we got to ask for a step up, but we are just like -- we are an inch -- we are an inch step up, we are not, you know, ten feet step up. It's very minor. In fact, if you wanted to hold to all R-4 for comparison, we would have about 113 lots and we would be about 3.1 to the acre, so -- excuse me -- 17 lots -- 17 lots difference. So, if it's a big deal for that 17 -- we think it is and we think it's a big deal that -- to be able to provide some diversity of product type, which tends to be sometimes lacking I think. I think it's good that we can do that all off the same amenity in the same location. As far as the flood zone goes, it's -- it's something that my -- my career was started in engineering. I did a lot of flood zone work as an engineer and the neighbor has every -- every right to be concerned about -- about, hey, you're -- you're moving a little pipe that was -- that was the dam -- Amity is kind of elevated. We got a little pipe. Theoretically in a hundred year event, which is very theoretical, there is over 300 cubic feet per second coming down the Ten Mile Creek and so it can't fit through that -- that 36 inch pipe, so it all backs up at Amity. So, to Kyle's point, the actual existing flood zone now, with this kind of broad brush that FEMA puts on there and says if you want to change it do a detailed study. So, if we were to do a detailed study -- because we have already done some preliminary work -- it would actually get worse on us right now and so that's why we called ACHD and said, hey, look, we want to build a culvert similar to what we did with Wells downstream. Let's get rid of this flood zone. Let's get it all contained in the ditch, which we know once you get rid of the blockages it will be contained in the ditch, we are confident of that, but when you open up the dam on Amity it just goes to another dam. If you can go back to that overall aerial that shows -- touchy thing. It's an interesting situation. There is a regional pathway right there that stops that Tuscany put in today. There is an existing ditch access road that crosses a 36'ish inch culvert that, again, if we opened up this it would just back up there . Now, would that worsen their condition? It certainly wouldn't make it better. I don't know if it would be worse or not without a detailed study. So, we committed to Planning and Zoning and we are committing here again to work with the ditch company, it will all run through Jason Korn as far as what facility -- we don't want to do nine by 14 box culvert. We might do two parallel pipes, a little dip section, still allow that -- that's even -- we are committing to extend the pathway, which really should have been this subdivision's problem, but he is -- he is long gone, long approved, and we think it's a benefit that we fix that culvert. We have already engaged -- got Meridian City Council Meeting Agenda January 15, 2019 – Page 26 of 462 Meridian City Council January 2, 2018 Page 22 of 55 partners, Resource Systems, to do a final study to FEMA, which it should be all contained in that green area that you see there. Straight on through. And right now it goes -- excuse me. It goes all the way up to their front door is where the flood zone is right now and so we want to go in -- as long as they cooperate with us, the Starks, on access, construction easements, ACHD will pay for an easement -- or pay for right of way. We just want to go build it and we initially talked to the Starks after P and Z -- wasn't sure if the best idea was just to extend the culvert the whole way or to do it in two sections, but we have kind of come around and we haven't communicated to him yet -- that it be done in two different sections, so that there would be some open water still in between the two. So, it wouldn't, you know, totally be covered up area for them and he says he likes to go down with the grandkids with the ducks or whatever, which is -- and we don't want to build it the whole way. We just think as a cost benefit it's just better to do two different sections and so -- but it will be to the full width of the five lane arterial. ACHD says they will pay 90 percent of the -- the Amity crossing is all -- they do it to the -- the full future -- future five lane width, which takes some right of way and so as long as the Starks cooperate with us on that we are willing to go in and fix it and make it better and we will commit to not raising the BFE and not changing the flood zone and -- or reducing it and we will put that on the record and whatever else you want to do for us , but that's our -- that's what we are going to do, so -- Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: So, thanks -- thanks, Matt. Just a couple questions just to confirm. So, you're willing to -- number one, you're willing to do a detailed study along with, you know, FEMA or whoever else to make sure that you're not going to raise the water in those sections and, number two, to confirm you're going to pay to, you know, mitigate or make sure that the two -- the two separate areas are sufficient for water use in that area. Schultz: Yes. Yes, we are willing to -- Mayor and Councilman Bernt, we are willing to do that and the detail is very important, obviously, for us, because we have got a flood zone that is pretty big that we want to get rid of. Our neighbor over here, which we need right of way from, she's got six acres of flood zone on hers and she's willing to cooperate with us on an easement. So, we want to fix everything is what we want to do, so -- Bernt: Madam Mayor? So, that's yes and a yes? Okay. De Weerd: Other questions? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Matt, you mentioned conversation with the school district. Meridian City Council Meeting Agenda January 15, 2019 – Page 27 of 462 Meridian City Council January 2, 2018 Page 23 of 55 Schultz: Uh-huh. Cavener: That is my main concern. I think we have got two out of the three schools over capacity already. I believe Mountain View is the most overcapacity high school in the state. You said you had a conversation with them. I thought I heard you say they are good with this. Schultz: Well, they are good with it in the fact that he's not going to require a school site on our property. Now, does he say we shouldn't build, is there a moratorium on building, that's -- that's a whole other issue about capacity and emergency bonds and all those things that school districts do often. But as far as him saying we need a school site on here, he said no. Cavener: Madam Mayor. Any commentary, though, about the overcapacity of the -- specifically the high school or that did not come up in conversation? Schultz: That was not part of the conversation and I think their master plan is -- they are always over -- they are always passing bonds as you know every other year or so and it's just -- they kind of plan for it moving forward. Cavener: Madam Mayor, additional -- thank you. I don't disagree with you that our schools open up over capacity, but you're also well aware that we have got a lot of growth in south Meridian with one high school, one middle school and just a small handful of elementaries. They are all over capacity. So, I heard -- I think I heard you saying that the step up isn't -- isn't a deal breaker for you. I just want to make sure that I'm hearing that correctly and, then, maybe a reduction of 18 units you guys would be comfortable wit h. Schultz: We would not. We prefer to have what we propose. We think it's an added -- we think it's better to have those 17 more lots with some diversity than to have sameness R-4. I mean we think it's a benefit to the market. Cavener: Madam Mayor. Just a comment. It may be beneficial to diversity of housing. I don't subscribe that it's going to be 700 students to the neighborhood, but I also don't subscribe that the census average of 108 is -- is too low and that averages -- if my math is right -- 48 more kids at the elementary school that's two years old and over capacity, 24 at the middle school and 30 at the high school. We hear day in and day out about the impacts on our schools and I'm not real supportive of this application as presen ted with that step up in density. I would be more supportive if it was as it was lined out in the FLUM, for what it's worth. Schultz: Madam Mayor and Council, I'm on a -- not the steering committee, but on a committee to the steering committee on the comp plan right now and we use some round numbers like three -- three and 3.49 and below or the 3.00 we have something to consider, because I think it should be 3.490 or below. We are using round numbers and we get these very exact numbers and presentations and where do we draw the line? And, yes, we are above the 3.49 slightly, but I think that's important and I think if you do away with Meridian City Council Meeting Agenda January 15, 2019 – Page 28 of 462 Meridian City Council January 2, 2018 Page 24 of 55 step ups in the future on the comp plan, we should go into some of these areas that a re on arterials and arterials and plan some more medium or maybe up to four units to the acre, you know, and get a more detailed discussion and agree knowing that some are going to be step-ups. If you do away with step -- step-ups I think it's more -- more -- more detail need to go into those areas. So, that's just my suggestion moving forward. De Weerd: And I guess Mountain View was one of the projects that was approved during the school district bond to add 20 new classrooms, so I would hope that that's going to alleviate some of the -- the class overcrowding and classroom sizes. Other questions? Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: So, to piggyback on the questions that Mr. Cavener asked, so if this body decides that -- hypothetically that these 17 extra units were -- let me back up. If this body decides that we are going to stick with the FLUM and not approve a step up in density, would this be a deal breaker for this -- this project? Schultz: I would have to confer with my owner. Bernt: Before we -- Madam Mayor, one more follow up. I just think it's important to have that discussion at least a little bit. Not that -- I'm not saying -- and this is all hypothetical, but before we close the public hearing and we start discussing this, I would want to have more clarity in regard to that before we -- before we close the public hearing. I'm sure Mr. Cavener and others would agree. Cavener: That's why I bring it up now. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: My concern is that we make the decision on whether we are going to allow step- ups in certain areas when they get to Council. I don't think that's the best way for Council to be doing that. I mean I have -- I have brought up the question dozens of times that if we are going to make changes or if we are going to put a moratorium or any kind of restrictions on what we have done and what we allow, that we need to make that decision and start letting people know when projects are first applied for, not when they have spent a fortune and gone through all the process to get before us to this point to say thanks, but no thanks. I think that this is before us we need to make a decision based on whether it's a quality project and whether it's what we would want there, assuming there was no issues with the school district at the moment, because if that was what our concern was, we need to be letting the development community know that before they have a chance to file an application with us. Meridian City Council Meeting Agenda January 15, 2019 – Page 29 of 462 Meridian City Council January 2, 2018 Page 25 of 55 Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Well, I agree with Councilman Palmer on this one and I -- though it's a step up, it's not much of a step up and still under four -- the 3.6 is still in the realm of where it was supposed to be, so I don't really think that's that big of an ask. I'm just still stuck on that playground. De Weerd: A playground over density. Milam: With that much density you need a playground. Schultz: Make a condition of approval. De Weerd: Okay. Any other questions for Mr. Schultz? Thank you. Schultz: Thanks. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: I move we close the public hearing on Item 9 -B. Bernt: Second. De Weerd: I have a motion and a second to close the public hearing. All those in favor say aye. Any opposed? I didn't think I heard all ayes. Because you did ask if -- for a response maybe from the client and with a closed public hearing you could not do that, so -- any discussion? Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Maybe a question for Sonya. On -- under the outstanding issues for City Council, the second item there, was that discussed? All is well there to do that? I don't remember if I heard any concern about -- after the applicant. Allen: I didn't under -- understand your question, Councilman Palmer. Palmer: Under the -- Allen: Outstanding issues for Council, the second item? Meridian City Council Meeting Agenda January 15, 2019 – Page 30 of 462 Meridian City Council January 2, 2018 Page 26 of 55 Palmer: Yes. Was it -- everybody ended up on the same page with that one? It was all -- Allen: Yeah. The applicant is in agreement with the addition of a pathway. Palmer: Then with that I move that we approve H -2018-0115 with everything that was discussed and not requiring the fence along the canal. Did I miss anything important? Allen: Did you intend -- excuse me, Madam Mayor. I'm sorry. Did you intend to include the staff's outstanding issue we just discussed? Palmer: Correct. Allen: Okay. Palmer: And approving the step up. De Weerd: Okay. I have a motion. Do I have a second? Bernt: Second. De Weerd: Okay. I have a second. Do we have discussion? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Would the maker of the motion be willing to add a playground? Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: There is a pool there. I mean to me that's a massive amenity that my subdivisions doesn't have. We have -- we have tot lots galore. We don't have a pool. I would trade every one of those and so would probably every kid in my neighborhood to have a pool instead. I know my kids would. De Weerd: Any other discussion? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Just further comment. Appreciate the application. Appreciate the quality brought. I think it's great for Meridian. I think I have made my opinion known. Based Meridian City Council Meeting Agenda January 15, 2019 – Page 31 of 462 Meridian City Council January 2, 2018 Page 27 of 55 with the conversation about approving home or apartment after home after apartment in Meridian, we continue to grow, but the impacts on our schools is really getting to a tipping point and while I know the bond will help alleviate some of that , we also continue to approve lots of applications that don't have step ups in south Meridian. We continue to approve step-ups in north Meridian and central Meridian and just think that we have got to get to a point where we need to slow things down a little bit and let our school district step up -- or catch up. I have no problem approving with its previous density, but I can't approve the step-up here tonight. So, appreciate the commentary Council Member Palmer. I think that we as Council Members review each application as it comes before us each night and render our best decision. I don't think this is the case that we need to be communicating to the development community that we are not hearing applications. I think it's business as usual. You have got a Council that is going to evaluate each application that's prepared and render the decision that they think is best for us both. De Weerd: Okay. Any further discussion? Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: I -- I go back and forth between the step up and -- and not approving the step up. I think that I -- in this case I think -- I think the step up is so relatively small -- we are talking about a half a percentage point. I just -- I understand that 17 units -- and I think in this case I would be in favor of this development with -- with the -- with the step up included. De Weerd: Okay. Any further discussion? Mr. Clerk, will you call role. Roll call: Borton, absent; Milam, nay; Cavener, nay; Palmer, yea; Little Roberts, absent; Bernt, yea. De Weerd: I will break the tie with a no. MOTION FAILED: TWO AYES. TWO NAYS. TWO ABSENT. MAYOR AYE. De Weerd: And I will just -- my tiebreaker was a no because we had a conversation with our community about step-ups and -- during the Comprehensive Plan update. So, I think that it was suggested by the city that those would all be addressed on an individual basis, but it is a step up and we are in the midst of a Comprehensive Plan and we will stay true to that. We are taking the step up out of the Comprehensive -- the upcoming Comprehensive Plan, so that was telling. Okay. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Meridian City Council Meeting Agenda January 15, 2019 – Page 32 of 462 Meridian City Council January 2, 2018 Page 28 of 55 Cavener: Just a question for staff. Is it preferable for staff -- do we -- I'm intending to make a motion to approve this, but to reduce the preliminary plat to 112 building lots. Would you prefer that we continue it to allow an update to a preliminary plat before we move forward or are you comfortable with us approving it with that number this evening? Allen: Madam Mayor, Councilman, what I -- what I heard you say was either -- a question of either approve it with the reduced number of lots or require them to revise the plat and bring it back. Cavener: Correct. Allen: I would require him to revise it and bring it back, but I also might, you know, suggest you ask the applicant if they are even interested. They might prefer a recommendation or a decision of denial. I'm not sure. I'm not sure if it's feasible for them I guess is what I'm trying to say, but that would require you opening the public hearing. Cavener: All right. Madam Mayor, I want to be fair to the applicant. I move that we reopen the public hearing for Item 9-B. Milam: Second. De Weerd: I have a motion and a second to reopen the public hearing. All those in favor say aye. Did I hear all ayes? Okay. This hearing is open. MOTION CARRIED: FOUR AYES. TWO ABSENT. De Weerd: And ask for the applicant's comments. Schultz: Thank you, Mayor Tammy. Matt Schultz for the record. Thank you, Councilman Cavener, for the opportunity to speak again. A second life sometimes. Appreciate that. No, I think that would be good. I appreciate the opportunity. It will give us a chance to maybe continue before a final decision on -- give us an opportunity to look at a -- at an all R-4 preliminary plat. I don't know if 3.00 is your cutoff or not. Your staff has indicated that it's not. It's not the cutoff, you know, it's -- it's -- you know, it's reasonable to submit something to 3.3 or 3.4 and still not be a step up in their opinion. So, I just want to throw that out there, you know, that I have gotten that from some top level staff that, you know, use very round numbers in one to three, you know, three to eight, you know, and things like that, but when you get down to it, yes. So, I mean R-8 is considered a medium density. So, we would have to go back to R-4, but we would ask for a little bit of flexibility on that, you know, 3.00, just -- if you look at our amenities and things like that. We love the area. It's great -- a hot, you know, upscale part of town. We are excited to be in it and we do not want to throw it away over this issue. We do appreciate the chance to -- to reevaluate it and potentially resubmit it, so I appreciate that, if you would vote for that. Cavener: Madam Mayor? Matt, how much time do you need? Two weeks? A month? Meridian City Council Meeting Agenda January 15, 2019 – Page 33 of 462 Meridian City Council January 2, 2018 Page 29 of 55 Schultz: Thirty days would be great. Cavener: Okay. Schultz: Yeah. Cavener: Okay. Great. Thank you. Schultz: Thank you. De Weerd: How much staff -- time does the staff need? Allen: Ten days prior to the hearing preferably. At least. Bernt: So, a month and at minimum two weeks? De Weerd: Is this substantial enough that it would need to go back to Planning and Zoning, Mr. Nary? Nary: Madam Mayor, Members of the Council, I mean it doesn't sound to me, from what they are talking about, that the -- it's that substantial. That certainly is the Council's prerogative to remand it. That would put it out a few more months, rather than weeks, but it doesn't sound that significant. We are talking about R -4 -- all R-4, R-4 -- not just density, but R-4 dimensions. I think -- I don't -- if you talk about losing 13 lots -- I guess in my opinion that's not significant enough to remand. De Weerd: Okay. Nary: You could certainly give enough time just to provide -- Cavener: Madam Mayor? Cavener: Mr. Cavener. Cavener: I think a valid question for staff. 5th? 19th? Is February 5th too soon for you all? I prefer to not continue it to the 19th, but I also recognize that our planning department has significant amount of projects on their plate. Allen: Madam Mayor, it -- it depends on how long it will take the applicant to get us revised plans. Like I said, we need them at least ten days prior to the hearing date. So, if they can turn it around and get it to us quickly -- he's nodding that they can, then, February 5th would be fine. Cavener: Great. Thank you. Anyone else wants to testify before we close the public hearing? Meridian City Council Meeting Agenda January 15, 2019 – Page 34 of 462 Meridian City Council January 2, 2018 Page 30 of 55 De Weerd: You don't want to close the public hearing. Milam: We are continuing. Cavener: That's right, we are continuing it. De Weerd: Ye s. Cavener: Thank you, Madam Mayor. Unless there is anyone else here that wants to testify, I would move that we continue Item 9-B, H-2018-0115 to February 5th, 2019. Milam: Second. De Weerd: I have a motion and a second to continue this public hearing. All those in favor say aye. All ayes. MOTION CARRIED: FOUR AYES. TWO ABSENT. De Weerd: Thank you. So, the Starks, you know what just happened; right? This -- this application will be continued to February 5th and with most likely a new plat that would be submitted that you will have an opportunity to review. De Weerd: Okay. Item 9-C is a public hearing for H-2018-0091. I will open this public hearing with staff comments. Parsons: Thank you, Madam Mayor, Members of the Council. The next application on the agenda this evening is the Rockbury Townhomes. The application before you this evening is a preliminary plat and the applicant's also applied for a director's approval of a private street to provide internal access to this proposed development . The site consists -- in the project description we had mentioned that the project site was approximately 6.23 acres in size, but it's actually 5.83 acres in size. So, it's less than what's depicted on the project description. So, that does affect some of the density for the proposal development that I will go into in my presentation. So, as I mentioned to you, the site consists of 5.83 acres of land, currently zoned R-15 in the city and it's located at 4373 West Treecrest Drive in Meridian, Idaho. In 2006 this property was annexed in as part of the Tree Farm annexation. Recent applications came before this body in 2007 as the Rockbury Subdivision, which it was a two lot subdivision. One was the C-N portion here that you see that's going to develop with a church and this was a larger parcel -- an R-15 parcel that was to come back later and further subdivide to have a residential development that you could look at and that's why we are here this evening. I would also mention to the Council that the recorded development agreement for this particular project does call for townhomes, multi-family, or either condominiums on this particular property. So , the applicant is proposing to construct 47 townhomes on the site, consistent with the -- the proposed development agreement. I would also mention to you that the Comprehensive Plan for this particular project is medium density residential and as you're aware that's a density range between three and eight dwelling units to the acre . The proposed project Meridian City Council Meeting Agenda January 15, 2019 – Page 35 of 462 Meridian City Council January 2, 2018 Page 31 of 55 before you this evening is at the higher end of the register. It comes in right at eight dwelling units to the acre, with the number of building lots that they are proposing this evening. So, again, the applicant is proposing 47 lots and eight common lots. The gross density is eight dwelling units to the acre, as I mentioned, which is within that target density of three to eight. Minimum property size is 20 -- 2,603 square feet, with an average lot size of 3,527 square feet. And because this is an R -15 development, all of the proposed lots comply with the minimum 2,000 square foot lot size minimum for that particular district. So, this plat does conform to those regulations. I mentioned to you that the plan that's before you this evening has been modified slightly based on what transpired at the Planning and Zoning Commission. So, the Commission had concerns with the amount of guest parking. Because this is a gated community that's being proposed this evening the roads are narrower than what's allowed for a public street, so parking was an issue that was raised by our fire department. So, the Commission had a condition that they add ten parking stalls for guests parking and they have provided that and that's before you this evening. So, that -- that condition has been modified and the plans have been changed to reflect that -- that change as well. That also slightly modified the proposed open space for the development, because some of it went to make way for the additional parking on the site. But as I mentioned to you, because the acreage of the plat is slightly less than what was on the project description, there aren't any concerns with this project still meeting the minimum open space requirements for this particular project, the ten percent minimum. So, as I mentioned to you, this is a private street that they applied for. There will be a gate for an entrance on the east boundary here for access into the development and, then, a northern access off a collector road here. This one is proposed to be an emergency access only, because of the street being designated a collector. When staff -- when we met with the applicant we worked -- typically we don't allow private streets for single family type developments of this nature , but we worked with ACHD and the applicant, we decided that this -- these streets only provide access to this particular development, so in this case public streets don't really provide a benefit to this development, so staff is amenable and the director -- director was amenable to allow this to move forward with a private street application -- a gated private street application. Now, we will get into the open space. Because this is over a five acre minimum, the code does require that the applicant provide ten percent open space and one site amenity. The applicant is slightly above the minimum ten percent at 11 percent and the -- the primary amenity is going to be a clubhouse, which is located here, if you can see my cursor, which is central to -- which is located on the central open space surrounded by the townhome units. So, the open space and the amenity does comply with the minimum of the UDC. Fencing for this development is required to comply with the UDC standards as well. The applicant did provide some conceptual elevations for you this evening. Some of the concerns from the neighbors during the public hearing was the fact that these units may not appear -- seem to appear to fit on some of the lot sizes that they are proposing. So, that was discussed. But I would mention because these are townhomes and attached units, all of the proposed elevations have to go through the design review process . So, the application will have to provide those details to us to ensure that these , one, meet our architectural standards, but, two, also fit on the lots and meet our setbacks. The Planning and Zoning Commission -- I did have a couple other renderings for you. So, the applicant did provide some color renderings of the gate detail as you come off the east and this is Meridian City Council Meeting Agenda January 15, 2019 – Page 36 of 462 Meridian City Council January 2, 2018 Page 32 of 55 how it kind of fits in with the surrounding community. Now, this is quite a bit denser than what's currently developed in the area, but, again, as I mentioned to you earlier in my presentation, that does comply with the recorded development agreement for this particular property. Here is some renderings of the proposed elevations again and, then, here is some more -- here is a respective view of the plaza area water feature and the proposed clubhouse here that's, again, internal to the proposed development and the applicant also has interconnected pathways that tie into the church and the adjacent streets for interconnectivity to the adjacent roadways as well. One thing that I will -- that was discussed at the Planning and Zoning Commission was the pedestrian internal access -- the internal connectivity, whether or not -- typically with a private street we don't require sidewalks. It's not a code requirement. That's something that we had recommended as staff, but Planning and Zoning Commission kind of took that requirement -- removed that requirement for the fact that the applicant actually proposed permeable pavers as part of the roadway system. So, these roads will all be a minimum of 25 to 27 feet wide and, then, five feet of it will be this permeable paver, which acts as a demarcated pedestrian walkway within the development, so we are good with some of that connectivity here and the drive aisles should still be a minimum of 20 feet to get cars going down both sides of the road and still meet our fire department concerns for access into the site. So, testifying in favor at the public hearing we had Michael Nye and Pete Rockwell. No one testified in opposition. We had three residents comment on the application and no written testimony submitted. Key issues, as I mentioned to you, some of the neighbors were concerned that the elevations didn't blend in with the community and may not -- didn't appear to fit on the proposed lot sizes and, then, the -- some of the neighbors -- they are having some traffic issues out there, particularly that intersection at Tree Farm and Chinden is over capacity with the number of developments that have come in and what's going to relieve that is a Black Cat exit to Chinden and that's currently under construction. So, a lot of that will be alleviated once that intersection is completed and that access is complete, which I believe its constructed currently and that was a requirement of previous developments as well. So, ACHD did not require a traffic study with this particular development. Key issues of discussion by the Commission was the guest parking, which I alluded to in my presentation. That has been remedied per the Commission recommendation and, then, Commission was -- because of the R-15 district they were concerned on the three foot setback between the structures. So, a total of six feet between each structure. So, this is going to be a pretty compact development in that particular area. So, that was something that was discussed as well. So , as far as outstanding issues this evening there are none for the Council. I had -- I did look on the public record and I did not see any additional public testimony was provided for this particular application after the Planning and Zoning Commission. So, with that I will conclude my presentation and stand for any questions Council may have. De Weerd: Thank you, Bill. Council, any questions at this time? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Meridian City Council Meeting Agenda January 15, 2019 – Page 37 of 462 Meridian City Council January 2, 2018 Page 33 of 55 Cavener: Bill, just for clarification, then, proposed gate at both Treecrest and Tree Haven Way? Parsons: Madam Mayor, Members of the Council, that is correct. One will be emergency access and one will be the main entrance. Cavener: All right. Thanks. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I just have a question, kind of more of a general question, Bill, and that -- it's regarding a tot lot and the question, though, is staff recommended one in the last application, but not in this application. Is that because of the number of homes or the type of development? What is -- what would be the reason -- they had enough amenities technically. Parsons: Madam Mayor, Members of the Council, this -- this application is a little bit different. This is really a preliminary plat. So, we can't -- Milam: Can't do this. Parsons: -- it's not like a rezone or development agreement modification wh ere you can require something a little bit more. Now, if you feel a clubhouse -- a tot lot is better than a clubhouse that's a discussion you can have with an applicant, but I think their demographics are probably going to be a little different than a family locating here, but I could be wrong, but maybe they can maybe share some of that -- their vision of the project with you as they get into their presentation, but that's our understanding, it's geared towards a more 55 and older and so that's why they thought the clubhouse was the better amenity and we did as well. De Weerd: Okay. Anything further? Okay. Is the applicant representative here? Breckon: John Breckon. Breckon Land Design. 6661 Glenwood Street, Garden City. De Weerd: Thank you. Breckon: Thanks, Bill, for the very concise presentation. Much appreciated. Since P and Z approval we have been working with staff to make sure that we comply with all the site specific conditions of approval. Some of those items that I would like to point out, which -- which are depicted on this plan are the addition of a four foot wide sidewalk that wraps the interior island area there. We have also added the -- the onsite parking to -- to allow visitor parking and -- and provided clarification of the clubhouse and that it is, indeed, a clubhouse and will have restrooms, as well as kitchen. The plaza area there is -- is to be a nice amenity as well with a water feature and -- and, then, the open space area in the Meridian City Council Meeting Agenda January 15, 2019 – Page 38 of 462 Meridian City Council January 2, 2018 Page 34 of 55 -- in the center is -- does meet the qualified square footage requirements for open space. We have also made some -- or shifted lots around in order to provide pedestrian connection through the -- through the center and allow that connectivity to the south and to the north and -- and, then, we are also, you know, taking in consideration the landscape buffer that's being provided on the south as part of the church project. So, those -- those will dovetail -- work together. The -- you know, there has been some ongoing, since we started working on this project, conversation about traffic flow, you know, that -- that whole area there is developing very rapidly and trying to accommodate that. So , at this point Black -- Black Cat is -- is complete and so that -- the -- some of the previous concerns about Tree Haven being over -- or in a congestion point are not valid as they were previously. Other items that we plan to add into the plaza area would be benches. There is trees with tree grates. So, that's -- you know, it's all supposed to be very -- look very nice and cohesive and work together from a design standpoint and to be overall pedestrian friendly and so that was some of the thought process that we put into this, incorporating the -- the permeable pavers through the traffic way and making it more of a pedestrian area. There is no parking allowed on the streets. I would stand for questions. De Weerd: Thank you, John. Council, any questions? Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: One question. Thank you, Mr. Breckon. The elevations look a little bit different from the original rendering to the color rendering. I really like the original rendering -- the color renderings look completely different. So, what's it going to look like? They are not even remotely close. Breckon: Well, I am probably not the best person to field that question. I know we -- you know, in our previous concept -- I think it was over a year ago, it was substantially different and there were some issues with building setbacks and where the property lines lie and so forth and that drove much of the redesign in order to meet all the code requirements. I also know that, you know, what is portrayed is conceptual to some degree and so, you know, that's why, you know, color choices have not been selected and each one of these buildings will, again, have to come in for approval, design review. Bernt: Madam Mayor, follow up. Not necessarily concerned about the color per se, just like the -- the difference in -- in elevation, you know, having them look not so vanilla across the board. Having -- you know, the elevations look exactly the same. That -- the original rendering it looked quite a bit different. For example, like , you know, you have a lot of different variation in -- in -- in the original rendering. They look completely different. I like it a lot. Breckon: Okay. Meridian City Council Meeting Agenda January 15, 2019 – Page 39 of 462 Meridian City Council January 2, 2018 Page 35 of 55 Bernt: What you are -- what you are proposing now looks exactly the same pretty much across the board. So, I was wondering what -- what's it going to look like. Nye: Good evening, Madam Mayor. De Weerd: Good evening, Michael. Nye: How are you doing? Council. The -- the original drawings, which you can -- De Weerd: Michael, will you state your name and address. Nye: My name is Michael Nye and my address is 904 Madrid Avenue, Torrance, California. 90501. What you're seeing here -- do you see what I'm seeing? This is our second round of design for the project. The first round that shows the gate and the -- the elevations was purely conceptual. We had developed that for a neighborhood meeting as we were beginning the process. So, that was about 18 months ago and subsequent to that we have further refined the elevations and design of the project and we understand that with this many units there needs to be variety in the project, both of elevation, color, setbacks, variety of materials and so that's being -- in process right now. If you want we can have our architect detail a little bit more about that, but what you see here in this elevation is more refined of what the product -- it will ultimately end up being like. So, it's very much different than what the original was. So, that's why you're seeing that different in elevations and colors and setbacks. Bernt: Madam Mayor. So -- so, am I looking at what it's going to -- so, what you're saying is what I'm looking -- what we are looking at right now is not what it's going to look like? Nye: Yeah. So, if you look at the -- the color renderings over here to the right, that is more depictive of what the end product will be -- Bernt: Okay. Breckon: -- versus the one that showed the entry. Those are just kind of block -- Bernt: Right. Breckon: -- it was more of just here we are going to have a gated entry. We are going to have units. Even the center courtyard looks much different from that design to what we finally ended up with here at the end, so -- Cavener: Madam Mayor -- oh, sorry, Mr. Bernt. Bernt: One sec -- so, Madam Mayor, follow up. So, what -- what I'm looking at on the right is going to be more depictive of what it's going to look like -- Nye: Yes, sir. Meridian City Council Meeting Agenda January 15, 2019 – Page 40 of 462 Meridian City Council January 2, 2018 Page 36 of 55 Bernt: -- is on the left. Nye: Yes. Bernt: Thank you, sir. De Weerd: Mr. Cavener. Cavener: I'm somewhat dovetailing on Council Member Bernt's questions. Help me understand. I know that -- I think the -- the renderings changed from the neighborhood meeting to the Planning and Zoning Commission meeting. Are these further refinements? Are these renderings that we are seeing here the same ones that were presented at -- at Planning and Zoning? Nye: What you're seeing here were the ones from Planning and Zoning, yes. Cavener: All right. Great. Nye: So, we submitted these same ones to them. Cavener: Thank you. De Weerd: Any other questions? Okay. Thank you. Nye: Thank you. De Weerd: Mr. Clerk. Coles: There was only one signup this evening. Jane Albert signed up. But I don't see Ms. Albert. That was the only sign up. De Weerd: Okay. Denice. LaFever: Hi. De Weerd: Hi. LaFever: My name is Denise LaFever. I'm at 6706 North Salvia Way and I'm opposed to this as designed. First of all, I would like to put it on record that I did attend the neighborhood meeting and with the rest of my neighbors. We had lots of questions and they were unable to answer the questions and when point blank asked, you know, why are you going through this if you're not ready to answer the questions, we were told we are just checking a box. Well, part of what zoning is about is working with the neighbors to get a plan that works and that is compatible with the neighbors. This still fails to meet the compatibility as you can guess, because one of the areas that we are concerned about is the elevations. We have rocks, we have bricks, we have river tones throughout Meridian City Council Meeting Agenda January 15, 2019 – Page 41 of 462 Meridian City Council January 2, 2018 Page 37 of 55 our community. We have a nice neighborhood and we want to keep it that way and there is nothing wrong with having a nice neighborhood in the Meridian area. We don't need Swiss cheese everywhere. Bernt: Right. LaFever: It's okay. Bernt: It's okay. LaFever: It's okay. And with that said, we have -- we have asked them -- and, Scott, when they did the church, was great. He -- I didn't get a chance to work with him, but that's how I met all of my neighbors the first time I sat here was from that meeting and he was absolutely fantastic to work with. This developer hasn't come to the table and hasn't worked with our neighbors to go back through. You know, Jane isn't here. Jane gave me her notes. She was concerned about parking. She is concerned about the elevation. You know, there is -- there was concerns about amenities, lack of. There is concerns about open space. Spurwing, one of the things that's touted about the Spurwing family of neighborhoods is the amount of open space throughout that community. There is beautiful walking trails, beautiful open space. Here is this development coming in that will be utilizing our space, isn't part of our HOA, but will be relying on that beautiful neighborhood without actually contributing and they don't have enough open space within their area. Just barely meets it. It is not compatible. It's very dense. It's too complex. You know, the colors and the variations just don't cut it. You know, there was concern about the traffic as well. We have a -- even though the Black Cat is there, the light isn't developed and the church is going to be there, which is going to put a heavy de mand on traffic when that one gets developed. One of the other things when I went through and I looked at the staff report, maybe it's in there somewhere, but I don't see where there is anything to address. How are they going to address upkeep of the painting and the roofs and all of that stuff. You know, we are really concerned that they have an HOA that speaks to the open space and maintaining the open space, but what about to make sure that once they put it in there you don't have somebody painting it pink and somebody painting it orange or whatever colors they choose to do , that there is some consistency among these townhouses. We like our neighborhood. I like my neighborhood and I want to keep the quality in our neighborhood. So, I asked you to either go back through and have them send it back and give us some good elevations to look at or flat out deny it. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: Denise, I would have been completely shocked if you had come up and testified for this one. LaFever: Against this one? Meridian City Council Meeting Agenda January 15, 2019 – Page 42 of 462 Meridian City Council January 2, 2018 Page 38 of 55 Bernt: No. No. For this one. Not -- not for. LaFever: For this one? Bernt: Yeah. So, I'm glad you're here. I have some questions for you. So, you said that you asked them questions that weren't answered. What were those questions that you -- that you asked that weren't answered? LaFever: We -- we asked for -- in the very beginning about elevations and coloring. Their original renderings were like a black and white. That doesn't -- that doesn't really flow and blend with our neighborhood. You know, we asked other questions about, you know, just different amenities, parking, you know, how they are going to handle that. They weren't answered. You know, part of what this whole process is and going through this process I have learned is there is a breakdown with the neighborhood meetings. I think if we actually get on step and we actually have neighborhoods become more meaningful and work together and are able to develop something like what Scott did and we had more meaningful neighborhoods it would be better and so there is -- it just needs to have some improvements. Bernt: Madam Mayor, follow up? So, looking at the elevations that I saw -- and I agree with you one hundred percent, Denice, that the -- the color renderings were a little bit vanilla. I mean I think that maybe they were placeholders , as opposed to an actual representation of what those -- those elevations would be, but looking at the right, what -- what part of those renderings or those elevations are you not in favor of? LaFever: One the color -- the colorings on it. You know, white doesn't really blend in with our neighborhood. We happen to have one house over in that area that's white and gray, but I walked around that whole neighborhood, because I wanted to understand what I didn't like about it and I walked around the neighborhood and we typically have three color sources throughout our neighborhood and bricks, rocks, are all present. This one over here on the other side. That was the white looking one, I believe they had some brickwork or whatever. I'm not seeing any brickwork, rockwork. You know, we just want it to blend. Even the Spurwing Heights that went in, they blend, you know. I know that the neighbors weren't in favor of that one because of the size of the lots, but that actually looks really nice. De Weerd: Anything further? Thank you. Is there anyone else who would like to provide testimony on this item? Yes, sir. Happy New Year. If you will, please, state your name and address for the record. Ghiorso: Thank you. Mark Ghiorso. 4329 West Greenspire. We moved into our home about six months ago and, to be honest with you, we knew there was a church that was likely going to be going in. We did not know about the development at the time and I'm sure if I would have questioned a few more of the neighbors we would have found that out. But either way our -- and the conception is right here, but if you look at the plat map, the -- yeah. The Treecrest Way right here backs up to our subdivision right behind it there Meridian City Council Meeting Agenda January 15, 2019 – Page 43 of 462 Meridian City Council January 2, 2018 Page 39 of 55 and I'm concerned I think as I look at this a little bit closer now with the setback to stop at Treecrest there. It seems like it's -- you know, if we are in our backyard there we are looking across a street and, then, there is two story townhomes that are looking down into our backyard. So, it would appear to me -- and, again, the density is -- is part of this issue, but that there has to be a way maybe to give a little more privacy to those of us in those 12 or so homes that are on Greenspire that are going to be having neighbors look down into our backyard that we had not planned on initially I think when we bought our home. So, I guess that -- the density, the setback and as the woman before me just mentioned, the elevations are a great concern to us as we -- as we look at this. So, again, I think a little more discussion with the neighborhood and it -- I think would be appropriate and I think well -- well deserved by the neighbors that are there. So, that's it. Thank you. De Weerd: Thank you. Cavener: Madam Mayor. Mr. Ghiorso, I had a question. Appreciate your testimony. Help me understand. Maybe I was confused. Does your neighborhood sit below Treecrest Way? Ghiorso: Greenspire is -- is right there. So, if you're looking at -- I don't have my glasses on. Right there in that little cul-de-sac on the left right here -- Cavener: Uh-huh. Ghiorso: Yeah. That's -- we are right in there just to the right. 4329 or four -- yeah. 4329 is our address. Uh-huh. So, we would be looking at right back at those across that little road there, Tree -- Treecrest I guess and they would be looking back into our -- our neighborhood. So, it's not that it's elevated above us, unless -- we are talking to the second floor; right? Cavener: Sure. Ghiorso: And it just looks like it's a -- it's a very small setback from the road there, so -- Cavener: Madam Mayor. Mr. Ghiorso, you mentioned better engagement with the neighbors, which is something that we, as a Council, really support. What were those -- what are those items that you would hope to be addressed? Ghiorso: Density. Elevation. But the setback primarily. Having more of a setback off of Treecrest there would be -- would be desirable -- highly desirable for those of us that live in those eight or nine homes right there. Cavener: Thank you. De Weerd: Any other testimony? Okay. Would the applicant like to come up and have final comment? Meridian City Council Meeting Agenda January 15, 2019 – Page 44 of 462 Meridian City Council January 2, 2018 Page 40 of 55 Milam: Madam Mayor, I do have a question for the applicant. De Weerd: Mrs. Milam. Milam: As you have heard brought up several times today. So, is this -- and I guess staff didn't really have the exact answer that I -- same kind of question I asked them. Is this a senior living development or is there a reason that you didn't put in some form of play structure? Nye: It's not a senior living development, but the demographic of what we have looked at in our proforma is older retired people that want a place that is secure, that they can -- it's a lock and leave it development, so they can lock their home, it's fully maintained, so they can leave. It's got secure -- secure parameter. They can just leave their facility or their home and go travel, whatever they would like to do. So, it lends itself more toward retired people or people that just like to travel, professional people that don't have time or desire to maintain a facility, it will all be taken care of for them. So, when we looked at that demographic in full and, granted, we have got 47 units, not a big demand, but we have provided a very attractive interior place for kids, if they want to play, if there are kids that end up being there. We have got a clubhouse, we have got fountains, we have got a big grassy area and trees, place for the kids to ride their bike, plus it's got full access out of the development on all four sides, east, north, south and west that they can get out onto nice grassy areas, nice access areas that go across the street to the swimming pool, to go down to the clubhouse, to have dinner, whatever it is, they have good access to that. In response to some of the concerns, we realize that we are -- when our project gets approved and we go to ask for building permits, that we will have a design review process. We are not designing something that will not be complimentary and will not fit within the community. So, some of the colors and the elevations -- directly to the east of us there is five or six homes and surround the -- the swimming pool area that don't have any brick at all. They don't have any stone on them, they are just basically siding. But that's not what we want for our development. So , we will have a combination of stone, brick, stucco, wood. So, it will be a nice mix of the style for the homes. So, in regards to the -- no HOA, we have had communications with the Spurwing Greens HOA and Joy Jones is here, they can talk a little bit further about that if you would like to talk to her. So, we are in discussions with them. We would be a little further in discussions, but there are several entities that are part of the Spurwing Greens HOA that they are trying to meld the different developments together. There is some contradictory language between the different development agreements with an HOA agreement , so they are working on that. It is our desire and our plan to be a part of that -- to be a part of that master HOA development, so that the exteriors are maintained. We have to maintain the roads as they are private roads, so -- and the fact that this is a fully maintained development , so landscaping, exteriors, roof lines, paint, that's all maintained as part of the HOA. So, it does meet the current zoning requirements. We have allowed for a larger open space than what's required and we have worked with the church and the design of the surrounding pathways and access points to -- to allow people to have open access to all of that, especially pedestrian and bike access. We talked a little bit about upkeep. We will blend in. The setback off of the road, the Treecrest Way, the -- the development to the north of us is Meridian City Council Meeting Agenda January 15, 2019 – Page 45 of 462 Meridian City Council January 2, 2018 Page 41 of 55 fully fenced, so there is no direct openness to the street or to our development and so our two story units would be no different looking into somebody's backyard across the way -- it actually would be less than their neighbors that have two story homes with open grate fencing. So, it's open metal fencing. So, I think with -- as far as visual impact of that, it will -- it will be probably even less than what some of the current -- current view is from the other homes and we have allowed for additional parking and -- yeah. So, that's all. De Weerd: Okay. Council, any questions? Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: Thank you, Mr. Nye. Just one quick question. You mentioned that, you know, you haven't started the design process and I totally understand why at this phase of your -- of your application why that wouldn't be the case, but going forward would you involve -- would you be open to involving some concerned neighbors in that design process, not necessarily -- just to take their input, you know, to -- trying to be a good neighbor to them and would you be opposed to that? Nye: Yeah. Absolutely. And the latest pictures that we showed you of the design , those were submitted -- were actually shown at our last neighborhood meeting. Bernt: Okay. Nye: So, we have had several meetings and because of the longevity this project we have had to reduce some of the meetings, which we are fine, we are happy to do. Bernt: Okay. Nye: We are -- we want to be good neighbors and so we just want to assure the Council that what we are designing here fits in Spurwing Greens, you know, it's -- it fits the design, it fits the feel, the finishes or will be a high end finish, so it will be very nice and will look very nice from any -- because we are out in the middle will have four sided architecture that isn't just nice in the front, but it's nice all the way around , because we will be open to the public. Bernt: Awesome. Thank you. Cavener: Madam Mayor? Mr. Nye, in your testimony I think you said that you're -- you're working with the Spurwing Greens HOA and that maybe there is someone here that's representing them -- and she doesn't have to get up and introduce herself and testify. Maybe we can avoid that. I see she -- but my assumption is is one of those conditions of joining the HOA is that your development would have to adhere to the same architectural standards as -- as the Spurwing Greens neighborhood. Meridian City Council Meeting Agenda January 15, 2019 – Page 46 of 462 Meridian City Council January 2, 2018 Page 42 of 55 Nye: Yeah. We will be a sub HOA to the master HOA there, so -- because we have different requirements than the other houses that are around us -- for one we have to maintain our private roads, we have more landscaping requirements for maintenance, the outside of the building, so we were part of it -- or we would be part of it, but we also have to maintain it differently because of the demands and requirements of the development , so -- Cavener: Madam Mayor, one additional question if I may. Appreciate Councilman Milam's concern about a tot lot. I don't necessarily share that same concern, but what I do shares the concern I think that was shared by the public about your residents accessing kind of private open space and we see that a lot with lots of applications, but I can appreciate the added concern from -- from the Spurwing residents and I saw one of the -- the slide showed kind of the pathway access from your neighborhood kind of out to the street and I don't know if staff can pull that out. Oh, it's actually up here. I assume that that pathway takes you to Treecrest and there aren't any other pathways that take you -- would take your residents into Spurwing and I guess what I'm trying to get at is making this kind of the path of least resistance should you not join the HOA to alleviate the Spurwing homeowners that, you know, the -- the amenities that they are paying for are being used only by their residents and not from people from within your neighborhood. Can you comment a little bit on that and maybe show us -- kind of articulate where people would have to go. Nye: Yes. Absolutely. This portion of land has a benefit of it in that whoever buys one of these units will have a life -- a lifestyle membership at Spurwing Country Club. So, they are a part of Spurwing. They will be a part of that. They are putting their money into it, they are contributing to that, so they are not taking anything away from it and they are not using anything that doesn't -- that they don't have the benefit of using, so -- Cavener: Madam Mayor, just -- thank you for providing that you clarity. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Madam Mayor, Councilman Milam and Councilman Cavener -- and maybe this will help as well. According to Google the site is a three minute bike ride and 11 minute walk to Keith Bird Park and a six minute bike ride and a 19 minute walk to Heroes Park. So, there is massive publicly funded amenities in a very short distance from the site. De Weerd: Okay. Is there any further questions for the applicant? Nye: Thank you. De Weerd: There is a follow-up question or remark it looks like. Council willing to hear a second time? Good evening. Meridian City Council Meeting Agenda January 15, 2019 – Page 47 of 462 Meridian City Council January 2, 2018 Page 43 of 55 LaFever: Denise LaFever. 6706 North Salvia Way. Since Ty testified that there is parks close by and Googled it, right across the street is one big open green space and that little walkway goes to that one big open green space. Not only that, there are multiple trails throughout this whole entire area and, second, the club lifestyle membership is a private membership to the clubhouse and the golf course. Has nothing to do with our amenities throughout our neighborhood, so -- Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Question for Denise. Denise, are the streets and sidewalks in your neighborhood, are those privately owned or are those public streets and sidewalks? LaFever: They are kind of -- they are kind of a little bit different. They are ACHD right of ways that all the neighbors get to maintain. Cavener: Madam Mayor, follow up. So, that the neighborhood pays for the maintenance on the streets and sidewalks? LaFever: No. They are public streets. Cavener: Okay. LaFever: Yeah. But the pathways and throughout the whole entire neighborhood those are Spurwing's and there is a lot of green space. That's what makes this area so desirable. Cavener: Thank you. De Weerd: Thank you. Since the applicant always gets the last word, any final comments? Okay. Council, any other questions for the applicant, staff, or -- it's still open, yes. If you would like to come forward. If you will, please, state your name -- Jones: Joye Jones. De Weerd: Yes. Jones: Sorry. J-o-y-e -- De Weerd: And can you pull that -- yeah. You can pull it down. Jones: Thank you. Joye Jones. J-o-y-e. Jones. And I represent the Spurwing -- Spurwing Greens HOA, both the master association and the two sub associations. So, just a couple of clarifications. The members of the board couldn't be here this evening as they are going through some document review, so they were in a previously scheduled Meridian City Council Meeting Agenda January 15, 2019 – Page 48 of 462 Meridian City Council January 2, 2018 Page 44 of 55 meeting. I did want to clarify a couple of things and that is Spurwing Greens is separate from Spurwing, as I know you're aware, but this parcel does have, as Mr. Nye mentioned, it does have access to the club as far as a membership opportunity that was grandfathered in and the development agreement and the -- and the purchase of that property. However, the access to it, if it is through those private and privately maintained parcels, would need to have some other sort of agreement, because they wouldn't be paying into the Spurwing Greens master association HOA, although they have made application. The other thing was Mr. Nye mentioned that the pool -- the community pool, that they would have access to that. And, again, that would only come with the agreement to be a part of the master association. However, the club facility, obviously, has the fitness facility and it has the swimming pool and all of that. So, little bit of differentiation there and I just want to make sure that we clarif y that that approval has not been -- actually it hasn't been formally requested, let alone weighed, simply because we didn't really have a project that the board could weigh access to -- allowing them access to. And, then, to Denise's point of a couple color schemes, there are six approved exterior colors, along with about 12 -- 12 approved trim colors for Spurwing Greens. So, to be harmonious it would need to most likely be in that color scheme, if that's helpful. De Weerd: And it does sound like the applicant agreed to coordinate with your color schemes and -- Jones: Correct. And what was presented to us, because he did come to Century Management or did send in a proposal asking that -- for the management of it, which is totally separate from the master association, but for us to look at the potential for that, which would probably include some oversight or some color scheme palettes and all in the development, so that we could make sure that it met the criteria , much as we do for the rest of the subdivision. De Weerd: So, as Mr. Bernt had suggested in working with the neighbors, it would work with your -- your design committee or -- Jones: It would need to if it was going to be part of the master association, yes. De Weerd: Okay. Bernt: Madam Mayor, follow up from your question. De Weerd: Mr. Bernt. Bernt: Any question -- any concerns in what was proposed to you by Mr. Nye? Jones: That's not my place to speak to. The board would need to do that. I just wanted to clarify a couple things, because I know the whole Spurwing and Spurwing Greens and access and membership get really confusing. That was it. Meridian City Council Meeting Agenda January 15, 2019 – Page 49 of 462 Meridian City Council January 2, 2018 Page 45 of 55 De Weerd: And I -- I think that only access if -- is the gate between Spurwing Greens and Spurwing, is that what I understand? Jones: You know, if you actually -- in looking at this map with the -- sorry. Let me orient myself for a moment. So, coming out of this piece -- coming out of Tree Haven Way -- there we go. The access to the club, which actually sits over here , would most likely be through those common pathways that the master association owns, especially if -- if they were walking or biking, if they weren't using -- weren't using the public roadways. So, there is, obviously, some advantage and some disadvantage to adding yet another development and some complexity to it, but, again, that's not my place to state. The board would make the decision on that with the input of the homeowners I believe. De Weerd: Thank you. Jones: Thank you. De Weerd: Okay. Again, Mr. Nye, I will allow you the last word if you have anything further you would like to add. Okay. Council, any other questions? Okay. If there is nothing further, I would entertain a motion. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: I move that we close the public hearing 9-C, H-2018-0091. Cavener: Second. De Weerd: I have a motion and a second to close the public hearing. All those in favor say aye. All ayes. MOTION CARRIED: FOUR AYES. TWO ABSENT. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: Generally speaking I'm in -- I'm in agreement with -- I really like this -- this development, this application. I -- one of the reasons why I like it is because of the diversity of housing, you know, it's -- I like the fact that -- and in the -- the FLUM actually calls for this type of diversity in this section of the area and so I enjoy that -- the design. I have no doubt that Mr. Nye and his team are going to work hand in hand with a potential partnership with the -- with the Spurwing Greens or whatever HOA. I have no doubt that Mr. Nye is not going to do what he said in regard to working with neighbors, you know, regarding -- with design. I know that he will. I have never seen a developer -- a developer testify in the public record that he is going to and, then, doesn't. So, I have no reason to Meridian City Council Meeting Agenda January 15, 2019 – Page 50 of 462 Meridian City Council January 2, 2018 Page 46 of 55 believe Mr. Nye is going to be any different. I'm also -- if you -- I hate to bring up social media, but anyone that knows me understands that I'm a huge believer in community. I think this is a really big deal and in -- in my neighborhood where I live I -- I frequently during summer times and spring times and fall time when -- when my wife and I are on walks, meet and talk with neighbors from, you know, the Green Hill Subdivision all the time, they -- they walk in our subdivision, they use our pathways and they are great. I think that forms a bond with -- within the community and I think that's fantastic. I don't see why it's a big deal at all that members of your community are, you know, walking on your roadways or your sidewalks or your pathways in a -- in a legal manner and -- and not breaking the law and are respectful. I think that that -- that's what creates community and is -- and I believe that's the Meridian way. That's what -- that's who we are as a community. We are not -- we are not -- we are inclusive in all that we do and I believe -- I strongly believe that. I think we should be, you know, open to neighbors and being respectful to neighbors as long as they are respectful to, you know, personal property I don't see why there is any concern at all about people walking in amongst the neighborhoods in a respectful manner, getting to know one another. So, I'm -- I'm in -- I'm in -- generally speaking I'm definitely in agreement with this -- this application. I think it's going to be a great addition to your subdivision . Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I concur. I think meetings like this is why I value the public testimony piece. When you read this on paper -- I had some real concerns specifically related to the elevations. I appreciate the applicant coming here and really providing some cont ext. So, I'm supportive. It sounds like you're doing it, but I really encourage affiliating with the -- the homeowners association. I think that alleviates a lot of perceived concerns from people, but I think that Council Member Bernt's point -- this is just another piece of offering a unique piece of diverse housing in Meridian . I don't think you're going to have any -- any issues getting these things to flow. I think there is a high demand for this type of stuff. De Weerd: Any other comment? Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: I move that we approve 9-C, Rockbury Townhomes, H-2018-0091. Milam: Second. De Weerd: I have a motion and a second. Any discussion? Hearing none, Mr. Clerk, will you call roll. Meridian City Council Meeting Agenda January 15, 2019 – Page 51 of 462 Meridian City Council January 2, 2018 Page 47 of 55 Roll call: Borton, absent; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, absent; Bernt, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FOUR AYES. TWO ABSENT. D. Mayor's Anti-Drug Coalition (Police): Office of Drug Policy Success Law Enforcement Grant Budget Amendment Not to Exceed $3,814 (Net Zero) De Weerd: Okay. 9-D is under our anti-drug coalition and a budget amendment to present. Nagy: Madam Mayor, Members of the Council, I am here to request spending authority for two budget amendments relating to the Meridian Anti-Drug Coalition. That's action Items D and E. Would you like me to present -- you have all the information corresponding in the packet for tonight's meeting. De Weerd: Yes, please. Nagy: Anybody have any questions? Would you like those to be separate or together? De Weerd: I will answer you. You can present those separately, but all at the same time they will have questions, they will also approve it on a separate motion. Nagy: Okay. Excellent. Thank you. So, the first one is a grant awarded through Idaho Office of Drug Policy and the Success for Law Enforcement Grant and the request was granted to have $3,813.68 to complete compliance checks and shoulder taps that the Meridian Anti-Drug Coalition carries out twice yearly. De Weerd: Any question on this? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Kendall, I think that the number you shared is different than a number -- the number that's in front of us. Nagy: My apologies. I was looking at the letter that was attached. Cavener: And the letter from ODP says $3,813.68. Nagy: Correct. And I see that on the budget amendment form it is 3,814. Meridian City Council Meeting Agenda January 15, 2019 – Page 52 of 462 Meridian City Council January 2, 2018 Page 48 of 55 Cavener: Madam Mayor. I thought I heard you say 6,000. Maybe I -- I misheard you. I'm so sorry. Nagy: Sorry. Cavener: Okay. Never mind then. Nagy: Okay. De Weerd: Any other questions on -- on that? Nagy: Okay. And the second budget -- or -- oh, are we finished with that one? Sorry. This is a new process to me. De Weerd: Mr. Palmer. Palmer: Madam Mayor. I move we approve the budget amendment in the amount not to exceed 3,814, which is Item 9-D. Milam: Second. Bernt: Second. De Weerd: We have a motion and several seconds. Any discussion? Mr. Clerk. Roll call: Borton, absent; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, absent; Bernt, yea. De Weerd: All ayes. MOTION CARRIED: FOUR AYES. TWO ABSENT. E. Mayor's Anti-Drug Coalition (Police): Idaho State Liquor Division Grant Budget Amendment Not to Exceed $4,700 (Net Zero) De Weerd: Second budget amendment. Nagy: Correct. Thank you. The Idaho State Liquor Division grant, not to exceed 4,700, and that was awarded to complete an additional compliance check and shoulder top operation, as well as three Red Ribbon Week presentations, speaking to alcohol abuse and DUI, presented by Natalie Marty. We will do that at the largest high school during Red Ribbon Week of 2019. Any questions? De Weerd: Isn't that in a new budget year, though? Isn't that in October? Meridian City Council Meeting Agenda January 15, 2019 – Page 53 of 462 Meridian City Council January 2, 2018 Page 49 of 55 Nagy: So, the budget -- the grant amounts were not known during the planning -- budget planning process and so they will -- the Idaho State Liquor Division grant -- get my notes here. They will be expenses that will be incurred during fiscal year '19 and so it will be in October. De Weerd: Okay. So, the -- the expenses are incurred before the next budget year. Nagy: Correct. De Weerd: Thank you. Any other questions or comments? Mr. Palmer. Palmer: Madam Mayor. I move we approve Item 9-E, the budget amendment in an amount not to exceed 4,700. Milam: Second. De Weerd: Okay. I have a motion and a second to approve Item 9-E. Mr. Clerk, will you call roll. Roll call: Borton, absent; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, absent; Bernt, yea. De Weerd: All ayes. MOTION CARRIED: FOUR AYES. TWO ABSENT. De Weerd: Thank you, Kendall. Nagy: Thank you. F. Police: Idaho Humane Society Animal Control Contract Budget Amendment Not to Exceed $9,528 De Weerd: 9-F is also under our Police Department. Harper: Good evening, Mr. Mayor, Members of the Council. De Weerd: Good evening. Harper: I'm here to present in regards to a budget amendment for the Idaho Humane Society animal contract. The amendment is to not exceed 9,528 dollars to finish out the fiscal year of '19. And I guess I will stand for some questions, because I have a feeling there is going to be some questions. Bernt: Madam Mayor? Meridian City Council Meeting Agenda January 15, 2019 – Page 54 of 462 Meridian City Council January 2, 2018 Page 50 of 55 De Weerd: Mr. Bernt. Bernt: What necessitated the -- the -- the amendment -- a more -- a more detailed explanation of what was on the form. Harper: So, from understanding this through speaking with the chief, they have a formula that's based off of the population in the city, as well as our calls for service. It's come from -- from that -- those meetings -- they have been meeting -- it's been ongoing. We take up 21 percent of the calls for service for the Idaho Humane Society. So, with the formula that they punch the numbers in, we realize that from the contract that we have we had underpaid up and to this point to get us through fiscal year '19. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I'm not mistaken, too, based on the presentation we had from the Humane Society is at least some of these funds are going towards their capital campaign for their new facility. De Weerd: No. This -- I would like the chief to come back and -- and do a presentation on this. I thought maybe he was going to be here this evening. The chief and our Finance Department, as well myself, has been part of conversations with the county and the six cities on the animal control facility and how best to move forward. In their cost engineering for the facility that they are currently constructing, they removed the space for the -- the public piece and so they are looking at staying in the Boise facility that they have been kind of band-aiding and now they are coming back to all the partners saying there is going to be a capital expense for that to bring it up to code and to current standards and that is the conversation that is being discussed right now in terms of how best to move forward. So, there is no firm direction yet at this time. It's still under conversation, but the formula that Lieutenant Harper mentioned was also developed through this process and in response to a lot of very good questions by the cities on how they came to their -- their cost models and that is why our finance departments also were involved to -- to truth the numbers and to have more verification behind what their formula actually was. So , this is the cost difference between what was in the budget and what the cost model did turn out to be that they have taken to each of the cities in -- and their budget amendments as well. So, the next part of this discussion is going to be -- this is addressing a short term and the more difficult conversation will be further down the road in terms of what is the long term and what those costs are right -- in moving forward. And so Finance is -- is really crunching the numbers on what Idaho Humane Society is giving us , as well as what it would look like if we had to do it ourselves and we just kind of discuss maybe crunching numbers on a third item and that would be the -- the cities and the counties having a conversation and if we all partner together with how IHS -- what that would look like. So, there is three different things that most likely will come back for a discussion with Council when we have some figures to really discuss. Meridian City Council Meeting Agenda January 15, 2019 – Page 55 of 462 Meridian City Council January 2, 2018 Page 51 of 55 Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: That is great information to share. Thank you for passing that along. And I guess I might suggest a fourth option. We have a citizen volunteer ran humane society that exists in Meridian that was essentially formed when the city dissolved this service. They are currently in the process of adopting dogs out and I think should be included in the conversation for -- for Meridian. Maybe that doesn't meet the needs of everybody else, but I think that we need to look at what's going to be best for our citizens first a nd perhaps there may be some cost efficiencies in that. There is an organization that's already doing this great work and may be able to do it at a lower cost th an what we are already paying the Humane Society. De Weerd: And -- and that will be part of that local model, as I understand it. However, their facilities would not be something that could accommodate . So, the facility piece would still be a big issue. Cavener: Madam Mayor, then, I guess -- so, no -- Lieutenant Harper did a great job. Lieutenant Harper did a great job of truthing some numbers. The total amount that we will be paying the Humane Society this year with the budget amendment is how much ? Harper: With the amendment would be three -- 300,000 -- no, 300,000 nine -- or 390,660 prior to -- I believe that's prior to the amendment. So, almost 400,000. Cavener: And, Madam Mayor, I guess to my point is if we have got an organization that's already doing some of this work without receiving dollars, imagine what they could be doing with 200 or 300 or even 400 thousand dollars and -- and I will just share I'm not supportive of this amendment. I think it's important that maybe we have the chief come back. I have heard from many constituents the frustrations that they have h ad in dealing with IHS and I'm concerned about the ongoing financial creep of this organization with out our citizens receiving better service. So, I don't think it's -- until we say no that maybe we are going to get a better response. So, I won't be supporting this amendment. I would encourage the rest of the Council to say no as well. Harper: Madam Mayor, can I make a couple more comments ? When I came here we had our own animal control that we worked very closely with. Just knowing from some general conversations -- there has been quite a bit of work done on trying to come up with a cost analysis of what it would cost us to take back the animal control services and I know that that number is -- is rather large. I can't give you an exact amount, but I know it is -- it is a very large number outside of capital expenses, because we don't have the facilities to -- to do this or the employees or anything like that. So, it is challenging. But I do remember when we had it. I have -- I have worked with IHS over time and from my end have not received complaints in regards to their performance or anything like that because usually that stuff ends up on my desk at some point. So , I have seen it both ways and I understand the decision you -- you guys have to make tonight, but it is Meridian City Council Meeting Agenda January 15, 2019 – Page 56 of 462 Meridian City Council January 2, 2018 Page 52 of 55 something that is important in our community, because we do know the number of calls that we -- we -- not us -- that IHS receives in regards to animal-related matters. Thank you. De Weerd: And I think some of those comments were brought out in the initial discussions that the elected officials were part of and have been further discussed in terms of what kind of an oversight committee or Council should be had with that to bring better accountability and transparency, because I can tell you I was very shocked and maybe disappointed with the lack thereof in terms of how they came to their -- their numbers and -- and, fortunately, we had Jenny and -- and the chief sitting there and -- and, then, Brad participated as well to start delving into the financial ends of it and asking some key questions. So, those will be conversations further ahead, but we can certainly delay this -- this action tonight for the workshop next week and have the chief here to maybe provide further discussions and -- and what all they are doing in their cost analysis in -- in bringing options back to this Council. So, we will pull this and continue it to next week. Harper: Thank you, Madam Mayor. Thank you, Council. Item 10: Ordinances [Action Item] A. Ordinance No. 19-1801: An Ordinance (H-2018-0085 – Verado West) For Annexation Of A Parcel Of Land Located In Lot 4 Of Section 5, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and Adjacent and Contiguous To The Corporate Limits Of The City Of Meridian As Requested By The City Of Meridian; Establishing And Determining The Land Use Zoning Classification Of 19.44 Acres Of Land From RUT To R- 15 (Medium High Density Residential) Zoning District In The Meridian City Code; Providing That Copies Of This Ordinance Shall Be Filed With The Ada County Assessor, The Ada County Recorder, And The Idaho State Tax Commission, As Required By Law; And Providing For A Summary Of The Ordinance; And Providing For A Waiver Of The Reading Rules; And Providing An Effective Date De Weerd: Thank you. Okay. Item 10-A is Ordinance 19-1801. I will ask our city clerk to, please, read this by title only. Coles: Thank you, Madam Mayor. City of Meridian Ordinance No. 19-1801. An Ordinance File H-2018-0085, Verado West, for annexation of a parcel of land located in Lot 4 of Section 5, Township 3 North, Range 1 East, Boise meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territories situated in Ada county, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian; establishing and determining the land use zoning classification of 19.44 acres of land from RUT to R-15, Medium High Density Residential Zoning District, in the Meridian City Code; providing that copies of this ordinance shall be Meridian City Council Meeting Agenda January 15, 2019 – Page 57 of 462 Meridian City Council January 2, 2018 Page 53 of 55 filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; and providing for a summary of the ordinance; and providing for a waiver of the reading rules; and providing an effective date. De Weerd: Okay. Council, is there anything further on this or do I have a motion? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I move we approve Ordinance No. 19-1801 with suspension of rules. Bernt: Second. De Weerd: I have a motion and a second to approve Item 10-A. Mr. Clerk, will you call roll. Roll call: Borton, absent; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, absent; Bernt, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FOUR AYES. TWO ABSENT. Item 11 : Future Meeting Topics De Weerd: Council, anything under Item A -- A. Eleven. I would like to remind you that those that knew Mayor -- Mayor Corrie, his memorial service is Friday, the 4th, at 10:30 at the Meridian Methodist Church and we will be having our conference room dedication next week on the 8th at 2:30 before our workshop. Okay. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Two items for future meeting topics. Number one is the government accountability officer. I think it's been almost four years since we started talking about this position and I'm hoping that we can work over the next few weeks and months to get some resolution on that. So, whether that's a topic at our workshop meeting, more future meeting, to me it seems that the time is right. One other item, Madam Mayor, is the legislature begins next week. We have had some ongoing conversations about testifying and representing the city in legislative and policy endeavors. Perhaps it would be prudent for us to have a conversation at the workshop meeting about what that policy or process looks like that we as Council will all be informed. Meridian City Council Meeting Agenda January 15, 2019 – Page 58 of 462 Meridian City Council January 2, 2018 Page 54 of 55 De Weerd: We -- we did have an initial discussion on that -- that for city positions it would come to Council. You have heard comments about the PTSD legislation, but we haven't seen legislation, so we haven't asked for any official statement and the community development brought to you the electrical -- or electricians and -- and at this point that's the only one that's really -- will be brought to the legislature with support from the City of Meridian. So, as those pieces that want that official city support, that will come in front of Council as those pieces of legislation come forward. Cavener: Madam Mayor. Thank you. That's -- that's very insightful and great information to share. A couple clarifications. One, is the city hiring any lobbyists to represent us? Are they representing us on the community development piece? And I guess part two of that question is do we still have a legislative subcommittee that's meeting. De Weerd: We do not have a legislative subcommittee, but we do have our ongoing contract with Sullivan -- Cavener: Reberger. De Weerd: -- Reberger through our Public Works and we will be talking through that contract with Public Works if they can represent the electrical -- or electricians contractor legislation. Cavener: Great. Thank you. De Weerd: And work with AIC. Cavener: Madam Mayor. Unless there is any objection, I don't think that we need to schedule anything further on that. I think that's the same update that you would provide us next week. De Weerd: Okay. And, then, I would ask on the -- I heard on the accountability officer from Mr. Palmer and Mr. Cavener or if I could meet one on one with each of you to further discuss -- Councilman Borton did ask me if I would sit down to -- to get more detail and so if I could have Morgan reach out to both of you to get that scheduled. Okay. Okay. I'm sorry. I am -- have not felt good all evening. So , if we are done, I would entertain a motion to adjourn. Milam: So moved. Cavener: Second. De Weerd: All those in favor say aye. All aye. Thank you. MOTION CARRIED: FOUR AYES. TWO ABSENT. Meridian City Council Meeting Agenda January 15, 2019 – Page 59 of 462 Meridian City Council January 2, 2018 Page 55 of 55 MEETING ADJOURNED AT 8:35 P.M. (AUDIOBECfIRNa ON FILE OF THESE PROCEEDINGS) MAYOR TA ATTEST: C. JAY COLE E WEER ITY CLERK 1 /1-5 /19 DATE APPROVED CPI ,UGU$TOO 0 ` `\v oc U C a SI�Pv ��i City Council Meeting Agenda January 2, 2019 Agenda Item Number: 5 Project File Number: Item Title: Future Meeting Topics — Public Forum (up to 30 Minutes Maximum) Signing up prior to the start of the meeting is required. This time is 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/development 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. Request: Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 6.A . Presenter: Estimated Time f or P resentation: Title of I tem - Approve M inutes of December 11, 2018 C ity C ouncil Workshop M eeting C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate Minutes Minutes 12/17/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 12/17/2018 - 8:02 A M Meridian City Council Meeting Agenda January 2, 2019 – Page 5 of 576 City Council Meeting Agenda January 2, 2019 Agenda Item Number: 6 A Project File Number: Item Title: Approve Minutes of December 11, 2018, City Council Workshop Meeting Request: Meeting Notes: Meridian City Council Workshop December 11, 2018 Page 56 of 56 Palmer: Second. De Weerd: All those in favor say aye. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 6:14 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) i /2- MM 2MA Y DE WEERD DATE APPROVED C ATTESYT7 !� C/ JAY COLD -S, CITY CLERK PZEj) AUG QO�UST' O� �yow 2 city of I!D�11 ICA NN 0 IDAHO \yam SEAL City Council Meeting Agenda January 2, 2019 Agenda Item Number: 6 B Project File Number: Item Title: Approve Minutes of December 18, 2018, City Council Regular Meeting Request: Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 6.B . Presenter: Estimated Time f or P resentation: Title of I tem - Approve M inutes of December 18, 2018 City Council Regular M eeting C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate Minutes Minutes 12/24/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 12/24/2018 - 8:26 A M Meridian City Council Meeting Agenda January 2, 2019 – Page 62 of 576 Meridian City Council December 18, 2018 Page 67 of 67 Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Move that we approve Ordinance No. 18-1800 with suspension of rules. Cavener: Second. De Weerd: I have a motion and a second. If there is no discussion, Mr. Clerk, will you call roll. Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, absent; Little Roberts, absent, Bernt, yea. De Weerd: All ayes. MOTION CARRIED: FOUR AYES. TWO ABSENT. Item 11: Future Meeting Topics De Weerd: Any items for Item 11? Just a reminder there is no meeting next week. The first meeting of 2019 will be on the 10th of January and City Hall will close at 3:00 p.m. on the 24th and the 31st. Council, I would entertain a motion to adjourn. Milam: So moved. Borton: Second. De Weerd: I have a motion and a second to adjourn. All those in favor say aye. Last meeting 2018. MOTION CARRIED: FOUR AYES. TWO ABSENT. MEETING ADJOURNED AT 9:35 P.M. (AUDIO REC RDING ON FILE OF THESE PROCEEDINGS) / 2. / °I MAYOR TAVOW DE WEERD DATE APPROVED VIA 'A A re - I gro, A a� y �f w Ci Ec ilIDIAN�-. IDAHO ..1 �Zfi SEAL �/ City Council Meeting Agenda January 2, 2019 Agenda Item Number: 6 A Project File Number: Item Title: Meridian West Medical Office Building Water Main Easement Request: Meeting Notes: 79A I TEM SHEET C ouncil Agenda I tem - 6.C. Presenter: Estimated Time f or P resentation: Title of I tem - M eridian West M edical Office B uilding Water M ain Easement C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate E asement Cover Memo 12/26/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 12/26/2018 - 3:36 P M Meridian City Council Meeting Agenda January 2, 2019 – Page 130 of 576 Project Name (Subdivision): Meridian West Medical Office Building Water Main Easement Number: I Identify this Easement by sequential number if Project contains more than one Water Main easement. ( See Instructions for additional information). ADA COUNTY RECORDER Christopher D. Rich 2019-000369 BOISE IDAHO Pgs=5 LISA BATT 01/03/2019 10:40 AM CITY OF MERIDIAN, IDAHO NO FEE WATER MAIN EASEMENT na THIS Easement Agreement, made this 2�"" day of-JCtnQQrH19 , 20between AV.v'kt1^ G*+ C5 zi ("Grantor"), and the City of Meridian, an Idaho Municipal Corporation ("Grantee"); WHEREAS, the Grantor desires to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main -is to be provided for through 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 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 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, THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any Water Main Easement Version 03 26 18 public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs, personal representatives, purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on ^�_ (� (date) by Avon VV6t(t1t/ (name of individual), [complete the following if signing in a representative capacity, or strike the following if signing in an individual capacity] on behalf of d i M) S, LLQ— (name of entity on behalf of whom record was executed), in the following representative capacity: ZM IDS.'—(Type of authority such as officer or trustee) stam ) NISSA WATTS COMMISSION NO, 62298 NOTARY PUBLIC STATE OF IDAHO Notary S gnature My Commission Expires: Zcf—I� Water Main Easement Version 03 26 18 GRANTEE: CITY OF MERIDIAN Tammy ayor A t byJ y Coles, City Cleric STATE OF IDAHO, ) . ss. County of Ada ) -NEo AuG�sr aQ � OVS 4 o 2 01". �r &44Q w IDIAN+ - IDAHO SEAL n� JP This record was acknowledged before me on i '2-2019 (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, CHARL81WWAY COMMISSION #67390 NOTARY PUBLIC STATE OF MY COMMISSION EXDPIR S 32822 1VJU Y rV Lh6= Notary Signature 1�^ My Commission Expires: � "a� �c�lJdID" Water Main Easement Version 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 a n u a r y 2 , 2 0 1 9 – P a g e 1 3 4 o f 5 7 6 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 a n u a r y 2 , 2 0 1 9 – P a g e 1 3 5 o f 5 7 6 City Council Meeting Agenda January 2, 2019 Agenda Item Number: 6 D Project File Number: Item Title: Oberg Subdivision Pedestrian Pathway Easement Request: Meeting Notes: fel I TEM SHEET C ouncil Agenda I tem - 6.D. Presenter: Estimated Time f or P resentation: Title of I tem - Oberg Subdivision P edestrian P athway Easement C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate E asement E xhibit 12/27/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.Coles, C.J ay Approved 12/27/2018 - 3:34 P M Meridian City Council Meeting Agenda January 2, 2019 – Page 136 of 576 ADA COUNTY RECORDER Christopher D. Rich 2019-000370 BOISE IDAHO Pgs=6 LISA BATT 01/03/2019 10:40 AM CITY OF MERIDIAN, IDAHO NO FEE THIS AGREEMENT, made and entered into this 2nd day of TQ-r)LXar-L,\ 20L9, between d— 15 L LX� , hereinafter referred to as "Grantor", and the City of Meridian, an Idaho municipal corporation, hereinafter referred to as "Grantee"; WITNESSETH: WHEREAS, Grantor is the owner of real property on portions of which the City of Meridian desires to establish a public pathway; and WHEREAS, the Grantor desires to grant an easement to establish a public pathway and provide connectivity to present and future portions of the pathway; and WHEREAS, Grantor shall construct the pathway improvements upon the easement described herein; and NOW, THEREFORE, the parties agree as follows: THE GRANTOR does hereby grant unto the Grantee an easement on the following property, described on Exhibit "X' and depicted on Exhibit "B" attached hereto and incorporated herein. THE EASEMENT hereby granted is for the purpose of providing a public pedestrian pathway easement for multiple -use non -motorized recreation, with the free right of access to such facilities at any and all times, TO HAVE AND TO HOLD, said easement -unto said Grantee, its successors and assigns forever. THE GRANTOR hereby covenants and agrees that it will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. IT IS EXPRESSLY 'UNDERSTOOD AND AGREED, by and between the parties hereto, that the Grantor shall repair and maintain the pathway improvements. THE GRANTOR hereby covenants and agrees with the Grantee that should any part Pedestrian Pathway Easement Lf� of the easement hereby granted become part of, or lie within the boundaries of any public street, then, to such extent such easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that it is lawfully seized and possessed of the aforementioned and described tract of land, and that it has a good and lawful right to convey said easement, and that it will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said Grantor has hereunto subscribed its signature the day and year first hereinabove written. GRANTOR: BY: Its: STATE OF IDAHO ss County of Ada ) On this day of , 2018, before me, the undersigned, a Notary Public in and for said State, personally appeared --JIM & V--, known or identified to me to be the t that executed the Utbin instrument, and acluiowledged to me that such company executed the same. IN WITNESS WHEREOF, I have hereun set my hand and affixed my official seal the day and year fist �qtq, jP�X 1 itten. •..•• 1tANE jp'•.,� ,�%, gtiP�.......• T •, ••••�`'NUTARY PUBLIC FOR IDAHO .` 140TAR), % _ Residing at: 'PIJB LIC t . Commission Expires: Pedestrian Pathway Easement 1 6? GRANTEE: CITY OF MERIDIAN D AUGUST � 0ty of Tammy rd, Mayor tERIDIAN�— SEAL theTRE AtC. PSv � P by Coles, City Cleric Approved By City Council On: 1- 2 20 STATE OF IDAHO ) ss. County of Ada ) On this 2nd day of , 201q, before me, the undersigned, a Notary Public in and for said State, personal y appeared TAMMY DE WEERD and C.JAY COLES, Icnown 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. (s►RLENE WAY COMMISSION #67390 NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRES 3/28/22 NoakhMWP4� - 4 NOTARY PUBLIC FOR IDAHO `�( Residing at: Y�A`�& Commission Expires: 3 - 2B - 20 222 8 ' 2022 Pedestrian Pathway Easement L oue5 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 a n u a r y 2 , 2 0 1 9 – P a g e 1 4 0 o f 5 7 6 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 a n u a r y 2 , 2 0 1 9 – P a g e 1 4 1 o f 5 7 6 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 a n u a r y 2 , 2 0 1 9 – P a g e 1 4 2 o f 5 7 6 City Council Meeting Agenda January 2, 2019 Agenda Item Number: 6 E Project File Number: Item Title: Partial Release of Brinegar Prairie Subdivision No. 2 Water Main Easement Request: Meeting Notes: c✓ I TEM SHEET C ouncil Agenda I tem - 6.E . Presenter: Estimated Time f or P resentation: Title of I tem - Partial Release of B rinegar P rairie Subdivision No. 2 Water M ain Easement C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate E asement E xhibit 12/18/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 12/18/2018 - 2:13 P M Meridian City Council Meeting Agenda January 2, 2019 – Page 143 of 576 ADA COUNTY RECORDER Christopher D. Rich 2019-000368 BOISE IDAHO Pgs=3 LISA BATT 01/03/2019 10:39 AM CITY OF MERIDIAN, IDAHO NO FEE PARTIAL RELEASE OF EASEMENT TYPE OF EASEMENT BEING PARTIALLY RELEASED: WATER MAIN EASEMENT GRANTEE: CITY OF MERIDIAN GRANTORS: HEARTLAND HOMES PROPERTY MANAGEMENT LLC, AND THEIR SUCCESSORS AND ASSIGNS WHEREAS, by easement dated August 16, 2016 and recorded as Instrument Number 2016-075778 in the land records of Ada County, State of Idaho, an easement of the type and nature set forth in the above -captioned title was granted to the City of Meridian, an Idaho Municipal Corporation ("the Easemenf'), upon the real property legally described therein. WHEREAS, the continuance of a certain portion of the Easement is no longer necessary or desirable. NOW, THEREFORE, in consideration of the premises, the City of Meridian does hereby release, vacate, and abandon that certain portion of the Easement on the lands more particularly described on Exhibit A, and depicted on Exhibit B, attached hereto and incorporated herein. All rights and privileges under the under the above-described document in and to the remaining lands covered by the Easement shall remain and continue in the Grantee and shall not be affected in any way hereby, IN WITNESS WHEREOF, THE CITY OF MERIDIAN has caused these presents to be executed by its proper officers thereunto duly authorized this 2 "a day of­SbnLAavL4 2019 CITY OF MERIDIAN STATE OF IDAHO, : ss. County of Ada City or 0 Elkjl!D� I IPSNV *A.- IDAHO SEAL A) This record was acknowledged before me on � -Z-2.(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. CHAR VAY COMMISSION #67390 NOTARY PUBLIC E OF IDAHO Notary Signature My Commission Expires: 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 a n u a r y 2 , 2 0 1 9 – P a g e 1 4 5 o f 5 7 6 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 a n u a r y 2 , 2 0 1 9 – P a g e 1 4 6 o f 5 7 6 City Council Meeting Agenda January 2, 2019 Agenda Item Number: 6 F Project File Number: Item Title: Baraya Subdivision No. 3 Pathway Agreement Request: Meeting Notes: Pathway Agreement between Nampa -Meridian Irrigation District and the City of Meridian 9 I TEM SHEET C ouncil Agenda I tem - 6.F. Presenter: Kim Warren, Pathways P roject M anager Estimated Time f or P resentation: 1 minute Title of I tem - Pathway Agreement B etween the Nampa-M eridian Ir r igation District and the C ity of M eridian Regarding Baraya S ubdivision No. 3 C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate NMI D Pathway A greement - B araya S ub No 3 A greements / C ontracts 12/18/2018 RE V I E WE RS : Department Reviewer Action D ate P arks and Recreation J ohnson, Chris Approved 12/18/2018 - 4:16 P M P arks and Recreation B aird, Ted Approved 12/26/2018 - 3:55 P M Meridian City Council Meeting Agenda January 2, 2019 – Page 147 of 576 ADA COUNTY RECORDER Phil McGrane 2019-004729 BOISE IDAHO Pgs=16 BONNE OBERBILLIG 0111812019 03:21 PM NAMPA MERIDIAN IRRIGATION DIST NO FEE 11I1iIIIII111111111IIII11111111111II1II1 II1 II1111 00684790201900047290160167 AGREEMENT AGREEMENT, made and entered into this, day of 2019, by and between NAMPA & MERIDIAN IRRIGATION DISTRICT, an irrigation district ora ed and existing under and by virtue of the laws of the State of Idaho, hereinafter referred to as the "District," and THE CITY OF MERIDIAN, a political subdivision and municipality of the State of Idaho hereinafter referred to as the "City," WITNESSETH: WHEREAS, the parties hereto entered into a Master Pathway Agreement For Developing and Maintaining Pathways for public use along and across some of the District's ditches and within some of the District's easements and fee title lands dated December 19, 2000, recorded as Instrument No. 100 102999, records of Ada County, Idaho, hereinafter referred to as the "Master Pathway Agreement;" and, WHEREAS, the District and the City intended by entering the Master Pathway Agreement to accomplish the following in a manner that is consistent with their respective legal and fiduciary responsibilities; to enhance the City's pathway planning though early consultation between the City and the District; to establish a process for the City's submission of pathway requests and the District's consideration of such requests; and to provide the general conditions for the District's approval and authorization of pathway requests affecting the District's ditches, property, operations and maintenance; and, WHEREAS, the District grants to the City the right develop pathways to encroach within the District's easements along and across the District's ditches, canals and easements therefor upon the terns and conditions of said Master Pathway Agreement and after the execution ofan agreement for each proposed crossing and encroachment; and, WHEREAS, the City is the owner of the real property easement / right of way (burdened with the easement of the District hereinafter mentioned) particularly described in the "Legal Description" attached hereto as Exhibit A and by this reference made a part hereof; and, WHEREAS, the District controls the irrigation/drainage ditch or canal known as the P RDAM DRAIN (hereinafter referred to as "ditch or canal") together with the real property and/or easements to convey irrigation and drainage water, to operate and maintain the ditch or canal, and which crosses and intersects said described real property of the City as shown on Exhibit 8 attached hereto and by this reference made a part hereof, and, AGREEMENT -Page i WHEREAS, the City desires approval to construct, install, operate and maintain a paved pathway within the District's easement for the Purdam Drain under the terms and conditions of said Master Pathway Agreement and those hereinafter set forth, NOW, THEREFORE, forand in consideration of the premises and ofthecovenants, agreements and conditions hereinafter set forth and those set forth in said Master Pathway Agreement, the parties hereto agree as follows: I . The City may construct, operate, maintain and repair a 10 foot wide pathway within the District's easement for the Purdam Drain on the west side of the Purdam Drain in Baraya Subdivision -Phase 3, located southwest of the intersection of Franklin Road and Ten Mile Road, Meridian, Ada County, Idaho. 2. Any construction, widening or crossing of said ditch or canal shall be performed in accordance with the "Special Conditions" stated in Exhibit C, attached hereto and by this reference made part thereof. 3. The permitted hours of use of the pathway shall be from one half hour before sunrise and one half hour after sunset. 4. The parties hereto incorporate in and make part of this Agreement all the covenants, conditions, and agreements of said Master Pathway Agreement unchanged except as the result of the provisions of this Agreement. The covenants, conditions and agreements herein contained and incorporated by reference shall constitute covenants to run with, and running with, all of the lands of the City described in said Exhibit A, and shall be binding on each of the parties hereto and on all parties and all persons claiming under them or either of them, and the advantages hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF, the District has hereunto caused its corporate name to be subscribed by its officers first hereunto duly authorized by resolution of its Board of Directors and the City has hereunto subscribed its corporate name to be subscribed and its seal to be affixed thereto, all as of the day and year herein first above written. NAMPA & MERIDIAN IRRIGATION DISTRICT 0 By Its resident ATTEST: QOFFICIAL Its Secretary fY AGREEMENT - Page 2 THE CITY OF MERIDIAN ATTEST: o�`` _° 'o /M 10AHD SEAL STATE OF IDAHO ) ss: County of Canyon ) On this day of 2019, before me, the undersigned, a Notary Public in and for said State, personally appeared &fikv- and Daren R. Coon, known to me to be the President and Secretary, respectively, ofNAMPA & MERIDIAN IRRIGATION DISTRICT, the irrigation district that executed the foregoing instrument and acknowledged to me that such irrigation district executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. CHANES GRANT COMMISSION #63457 NOTARY PUBLIC STATE OF IDAHO STATE OF IDAHO ) ) ss: .Notary Public for Idav Residing at -- . Idaho My Commission Expires: 1-00g-0 County of Ada ) �,a 2D1$ On this day of J O.M , 2fftt, before me, the undersi ned, a Notary Public in and for said State, personally appeared -t and' , jES , known to me to be the and lir , respectively, of The CITY OF MERIDIAN, the entity tha xecuted the foregoing instrument and acknowledged to me that such entity executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Notary Public for WdNOIJL&O ANI Residing at m,My Commission Expires: -� - 2b 2� a� CHARLENE WqY AGREffNT NT - Pa COMMISSION #67390 �Ct IQ qNOTARY PUBLIC IMYCOMMIS ON EXPIRES 5 X&V Meridian City Council Meeting Agenda January 2, 2019 – Page 151 of 576 Meridian City Council Meeting Agenda January 2, 2019 – Page 152 of 576 Meridian City Council Meeting Agenda January 2, 2019 – Page 153 of 576 Meridian City Council Meeting Agenda January 2, 2019 – Page 154 of 576 Meridian City Council Meeting Agenda January 2, 2019 – Page 155 of 576 Meridian City Council Meeting Agenda January 2, 2019 – Page 156 of 576 Meridian City Council Meeting Agenda January 2, 2019 – Page 157 of 576 Meridian City Council Meeting Agenda January 2, 2019 – Page 158 of 576 Meridian City Council Meeting Agenda January 2, 2019 – Page 159 of 576 Meridian City Council Meeting Agenda January 2, 2019 – Page 160 of 576 Meridian City Council Meeting Agenda January 2, 2019 – Page 161 of 576 Meridian City Council Meeting Agenda January 2, 2019 – Page 162 of 576 Meridian City Council Meeting Agenda January 2, 2019 – Page 163 of 576 City Council Meeting Agenda January 2, 2019 Agenda Item Number: 6 G Project File Number: Item Title: Pathway Agreement for Finch Lateral Oberg Subdivision Request: Meeting Notes: Between Nampa -Meridian Irrigation District and the City of Meridian 707 I TEM SHEET C ouncil Agenda I tem - 6.G. Presenter: Kim Warren, Pathways P roject M anager Estimated Time f or P resentation: 1 minute Title of I tem - Pathway Agreement B etween the Nampa-M eridian Ir r igation District and the C ity of M eridian Regarding F inch L ateral Oberg S ubdivision C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate NMI D Pathway A greement - F inch L ateral Oberg S ubdivision A greements / C ontracts 12/18/2018 RE V I E WE RS : Department Reviewer Action D ate P arks and Recreation J ohnson, Chris Approved 12/18/2018 - 4:17 P M P arks and Recreation B aird, Ted Approved 12/26/2018 - 3:56 P M Meridian City Council Meeting Agenda January 2, 2019 – Page 164 of 576 ADA COUNTY RECORDER Phil McGrane 2019-004728 BOISE IDAHO Pgs=9 BONNIE OBERBILLIG 0111812019 03:21 PM NAMPA MERIDIAN IRRIGATION DIST NO FEE 11111111111111111111111111111111111111111111111111 00584789201900047280090096 AGREEMENT 2D19AGREEMENT, made and entered into this day of ; 2om by and between NAMPA & MERIDIAN IRRIGATION DISTRICT, an irrigation district or zed and existing under and by virtue of the laws of the State of Idaho, hereinafter referred to as the "District," and THE CITY OF MERIDIAN, a political subdivision and municipality of the State of Idaho hereinafter referred to as the "City," WITNESSETH: WHEREAS, the parties hereto entered into a Master Pathway Agreement For Developing and Maintaining Pathways for public use along and across some of the District's ditches and within some of the District's easements and fee title lands dated December 19, 2000, recorded as Instrument No. 100102999, records of Ada County, Idaho, hereinafter referred to as the "Master Pathway Agreement;" and, WHEREAS, the District and the City intended by entering the Master Pathway Agreement to accomplish the following in a manner that is consistent with their respective legal and fiduciary responsibilities; to enhance the City's pathway planning though early consultation between the City and the District; to establish a process for the City's submission of pathway requests and the District's consideration of such requests; and to provide the general conditions for the District's approval and authorization of pathway requests affecting the District's ditches, property, operations and maintenance; and, WHEREAS, the District grants to the City the right develop pathways to encroach within the District's easements along and across the District's ditches, canals and easements therefor upon the terms and conditions of said Master Pathway Agreement and after the execution of an agreement for each proposed crossing and encroachment; and, WHEREAS, the City is the owner of the real property easement I right of way (burdened with the easement of the District hereinafter mentioned) particularly described in the "Legal Description" attached hereto as Exhibit A and by this reference made a part hereof; and, WHEREAS, the District controls the irrigation/drainage ditch or canal Known as the FINCH LATERAL (hereinafter referred to as "ditch or canal") together with the real property and/or easements to convey irrigation and drainage water, to operate and maintain the ditch or canal, and which crosses and intersects said described real property of the City as shown on Exhibit B attached hereto and by this reference made a part hereof; and, AGREEMENT - Page I AGREEMENT =9 Q AGREEMENT, made and entered into this 2n4 day of a 8, by and between NAMPA & MERIDIAN IRRIGATION DISTRICT, an irrigation district or zed and existing under and by virtue of the laws of the State of Idaho, hereinafter referred to as the "District," and THE CITY OF MERIDIAN, a political subdivision and municipality of the State of Idaho hereinafter referred to as the "City," WITNESSETH: WHEREAS, the parties hereto entered into a Master Pathway Agreement For Developing and Maintaining Pathways for public use along and across some of the District's ditches and within some of the District's easements and fee title lands dated December 19, 2000, recorded as Instrument No. 100102999, records of Ada County, Idaho, hereinafter referred to as the "Master Pathway Agreement;" and, WHEREAS, the District and the City intended by entering the Master Pathway Agreement to accomplish the following in a manner that is consistent with their respective legal and fiduciary responsibilities; to enhance the City's pathway planning though early consultation between the City and the District; to establish a process for the City's submission of pathway requests and the District's consideration of such requests; and to provide the general conditions for the District's approval and authorization of pathway requests affecting the District's ditches, property, operations and maintenance; and, WHEREAS, the District grants to the City the right develop pathways to encroach within the District's easements along and across the District's ditches, canals and easements therefor upon the terms and conditions of said Master Pathway Agreement and after the execution of an agreement for each proposed crossing and encroachment; and, WHEREAS, the City is the owner of the real property easement / right of way (burdened with the easement of the District hereinafter mentioned) particularly described in the "Legal Description" attached hereto as Exhibit A and by this reference made a part hereof; and, WHEREAS, the District controls the irrigation/drainage ditch or canal known as the FINCH LATERAL (hereinafter referred to as "ditch or canal") together with the real property and/or easements to convey irrigation and drainage water, to operate and maintain the ditch or canal, and which crosses and intersects said described real property ofthe City as shown on Exhibit B attached hereto and by this reference made a part hereof; and, AGREEMENT - Page 1 Meridian City Council Meeting Agenda January 2, 2019 – Page 166 of 576 THE CITY OF MERIDIAN By ATT7i1-1-- STATE OF IDAHO ) ss: County of Canyon ) � ('in of w E IDIAN�-- IP4NP SEAL _�/ On this _M ` day of tta.w a t e o mm th�xr}�ersigned, a Notary Public in and for said State, personally appeared �n ar n oon, known to me to be the President and Secretary, respectively, of NAMPA & MERIDIAN IRRIGATION DISTRICT, the irrigation district that executed the foregoing instrument and acknowledged to me that such irrigation district executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. CHANEE GRANT COMMISSION #63457Z�Residing ublic far Idaho NOTARY PUBLIC at , Idaho STATE OF IDAHO My Commission Expires:a-pm' aw STATE OF IDAHO ss: County of Ada ) d 2oM �n On this day of -SQTVALI ,4M before me, the undersigned, a Notary Public in and for said State, personally appeared g I L�e" and C -,S C 01 , known to me to be the 3 and t , respectively, of The CITY OF MERIDIAN, the entity that ex ted the foregoing instrument and acknowledged to me that such entity executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. CHARLENE WAY COMMISSION 067390 NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRES 3128122 AGREEMENT - Page 3 inc)-�141eral obaB CL�wjr Notary Public. for j&gLhaJ� Residing at -Mkic] , My Commission Expires _ `A'$ -2-0� Meridian City Council Meeting Agenda January 2, 2019 – Page 168 of 576 Meridian City Council Meeting Agenda January 2, 2019 – Page 169 of 576 Meridian City Council Meeting Agenda January 2, 2019 – Page 170 of 576 Meridian City Council Meeting Agenda January 2, 2019 – Page 171 of 576 Meridian City Council Meeting Agenda January 2, 2019 – Page 172 of 576 Meridian City Council Meeting Agenda January 2, 2019 – Page 173 of 576 City Council Meeting Agenda January 2, 2019 Agenda Item Number: 6 H Project File Number: H-2018-0045 Item Title: Final Order for Caven Ridge Estates West No. 1 Request: Meeting Notes: By New Cavanaugh, LLC, Located South of E. Victory Rd. on the West side of S. Standing Timber Way I TEM SHEET C ouncil Agenda I tem - 6.H. Presenter: Estimated Time f or P resentation: Title of I tem - F inal Order for Caven Ridge E states West No. 1 (H-2018-0045) by New C avanaugh, L L C, L ocated S outh of E. Victory Rd. on the West side of S . S tanding T imber Way C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate O rder Findings/Orders 12/24/2018 E xhibit A E xhibit 12/24/2018 E xhibit B E xhibit 12/24/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 12/24/2018 - 10:44 A M Meridian City Council Meeting Agenda January 2, 2019 – Page 174 of 576 City Council Meeting Agenda January 2, 2019 Agenda Item Number: 61 Project File Number: H-2018-0127 Item Title: Findings of Fact, Conclusions of Law for Hill's Century Farm Commercial Request: Meeting Notes: By Martin L. Hill and Hill & Hill Properties, Located at 3625 E. Amity Rd. u✓ I TEM SHEET C ouncil Agenda I tem - 6.I . Presenter: Estimated Time f or P resentation: Title of I tem - F indings of F act, C onclusions of L aw for Hill's Century F arm C ommercial (H- 2018-0127) by M artin L . Hill and Hill & Hill P roperties, Located at 3625 E . Amity Rd. C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate F indings Findings/Orders 12/24/2018 E xhibit A E xhibit 12/24/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 12/24/2018 - 10:30 A M Meridian City Council Meeting Agenda January 2, 2019 – Page 186 of 576 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0127 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for a Modification to the Development Agreement for Hill’s Century Farm Commercial to Update the Conceptual Development Plan and Include a Provision Allowing the Construction of a Wireless Communication Facility on the Site, by Martin L. Hill, Hill & Hill Properties. Case No(s). H-2018-0127 For the City Council Hearing Date of: December 18, 2018 (Findings on January 2, 2019) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of December 18, 2018, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of December 18, 2018, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of December 18, 2018, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of December 18, 2018, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the “Local Land Use Planning Act of 1975,” codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Community Development Department, the Public Works Department and any affected party requesting notice. Meridian City Council Meeting Agenda January 2, 2019 – Page 187 of 576 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0127 - 2 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of December 18, 2018, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council’s authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant’s request for a modification to the Development Agreement is hereby approved per the provisions in the Staff Report for the hearing date of December 18, 2018, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six (6) months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six (6) month approval period. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of December 18, 2018 Meridian City Council Meeting Agenda January 2, 2019 – Page 188 of 576 2rl)d By action of the City Council at its regular meeting held on the ---20� 2-019 COUNCIL PRESIDENT JOE BORTON COUNCIL VICE PRESIDENT LUKE CAVENER COUNCIL MEMBER ANNE LITTLE ROBERTS COUNCIL MEMBER TY PALMER COUNCIL MEMBER TREG BERNT COUNCIL MEMBER GENESIS MILAM MAYOR TAMMY de WEERD (TIE BREAKER) Attest: CLay Coles City Clerk Mayor Tamn�e/Weerd 0 ow a C;ly 01 �E IDR IDAHO ` SEAL` W/ day ofCJQnua VOTED VOTED / 4 VOTED VOTED VOTED YA VOTED VOTED Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: Dated: l - Z - 2. o k City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-201811-��0,127 - 3 - Vlkl� Page 1 HEARING DATE: 12/18/2018 TO: Mayor & City Council FROM: Sonya Allen, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2018-0127 Hill’s Century Farm Commercial LOCATION: 3625 E. Amity Rd. (Southeast corner of S. Eagle Rd. & E. Amity Rd.) I. PROJECT DESCRIPTION Request for a modification to the amended Development Agreement (#2016-119080) for Hill’s Century Farm Commercial to update the conceptual development plan to include a more detailed plan and include a provision allowing the construction of a wireless communication facility on the site prior to subdivision of the property. II. SUMMARY OF REPORT A. Project Summary STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Description Details Page Acreage 82+/- Future Land Use Designation Mixed-Use Neighborhood (MU-N) Existing Land Use Agricultural, park, school, medical office, YMCA (other uses in development process) Proposed Land Use(s) SFR, wireless communication facility, offices Current Zoning C-N, R-8 Proposed Zoning NA Neighborhood meeting date; # of attendees: 11/1/2018; 4 attendees History (previous approvals) CPAM-15-001; AZ-15-004 (DA #2015-061375); RZ-15-007; PBA-15-012; H-2016-0092 (addendum to DA #2016-119080) EXHIBIT A Meridian City Council Meeting Agenda January 2, 2019 – Page 190 of 576 Page 2 B. Project Area Maps III. APPLICANT INFORMATION A. Applicant: Martin L. Hill, Hill & Hill Properties, c/o 12601 W. Explorer Dr. #200, Boise, ID 83713 B. Owner: Same as Applicant C. Representative: Michael D. Wardle, Brighton Corporation, 12601 W. Explorer Dr. #200, Boise, ID 83713 Future Land Use Map Aerial Map Zoning Map Planned Development Map Meridian City Council Meeting Agenda January 2, 2019 – Page 191 of 576 Page 3 IV. NOTICING City Council Posting Date Legal notice published in newspaper 11/30/2018 Radius notice mailed to properties within 300 feet 11/27/2018 Public hearing notice sign posted 11/29/2018 Nextdoor posting 11/27/2018 V. STAFF ANALYSIS The original conceptual development plan approved in 2015 depicted medium density residential uses for the area nearest the S. Eagle Rd./E. Amity Rd. intersection around the Idaho Power substation; neighborhood-scale retail, office, professional and convenience uses at the southwest corner of E. Amity Rd. and S. Hillsdale Ave.; and West Ada elementary school, YMCA, City Park, library and health complex to the south on the west side of Hillsdale Ave. An amended DA was approved in 2016 that included a more detailed plan for the area approved for neighborhood-scale retail, office, professional and convenience uses as required by the DA. The proposed updated conceptual development plan includes a change for the northern portion of the area previously planned for medium density residential development along E. Amity Rd. to include a self-service storage facility and office/retail uses; a cell tower is proposed south of the Idaho Power substation. A. Future Land Use Map Designation (Comp Plan) (Pgs. 24-26) Mixed-Use Neighborhood (MU-N) B. Existing Structures/Site Improvements: There is an existing Idaho Power substation located off-site at the northwest corner of this property. C. Proposed Use Analysis: The cell tower (i.e. wireless communication facility) use depicted on the proposed concept plan is listed in UDC Table 11-2A-2, Allowed Uses in Residential Districts, under the R-8 zoning district as “P/C” which is either a principal permitted or conditional use subject to the specific use standards listed in UDC 11-4-3-43. Because the facility is proposed in a residential district but not with an allowed non-residential use, a CUP is required per UDC 11-4-3-43C.5. Note: A conditional use permit application (H-2018-0087) is currently in process for a wireless communication facility (i.e. 100’ stealth monopine) on this site, which requires approval of an updated concept plan as proposed with this application. The storage facility depicted on the proposed concept plan in a future C-C district is not a use that is contemplated in the MU-N designation, nor is it a use that’s allowed in the zoning districts (i.e. TN-R, TN-C, L-O, C-N and R-15) listed as “appropriate” in the MU-N designation. The C-C district may be considered but the Applicant will need to demonstrate how the use and zoning is consistent within the mixed use designation and specifically the MU-N designation (see pgs. 23-26 in the Comprehensive Plan). Therefore, at this time Staff does not support the portion of the concept plan designated for self-storage and recommends the use remain as medium density residential. The Applicant should submit a Meridian City Council Meeting Agenda January 2, 2019 – Page 192 of 576 Page 4 DA modification and a rezone application concurrently in the future if a storage facility is desired. D. Specific Use Standards (UDC 11-4-3): The proposed wireless communication facility is subject to the specific use standards listed in UDC 11-4-3-43 (UDC 11-4-3-43). Review for compliance with these standards will take place with the CUP application. The proposed self-service storage facility is subject to the specific use standards listed in UDC 11-4-3-34 (UDC 11-4-3-34). VI. DECISION A. Staff: Staff recommends approval of the proposed amendment to the DA except for the self-service storage facility in the future C-C zone depicted on the proposed concept plan; this area should remain medium density residential until such time as a subsequent DA modification and rezone application or a use and zoning that is permitted in the MU-N designation is proposed and approved. B. City Council: The Meridian City Council heard this item on December 18, 2018. At the public hearing, the Council approved the subject MDA request. a. Summary of City Council Public Hearing: i. In favor: Jon Wardle ii. In opposition: Susan Karnes on behalf of Southern Rim Coalition; Denise LaFever iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Sonya Allen vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. Request for the City to scrutinize the need for another cell tower in this area as there is an existing tower within one mile of the site to the west on Amity at Locust Grove; ii. Objection to approval of a storage facility and office/retail in the Development Agreement without a concurrent rezone application and/or amendment to FLUM. c. Key Issues of Discussion by Council: i. Desire for the concept plan to be amended for the proposed storage facility and office/retail area in the future when a concurrent rezone application is submitted. d. Key Council Changes to Staff Recommendation i. Council only approved a change to the concept plan to include a wireless communication facility and did not approve the change for the storage facility and retail/office uses. Meridian City Council Meeting Agenda January 2, 2019 – Page 193 of 576 Page 5 VII. EXHIBITS A. Conceptual Development Plans Approved with AZ-2015-004 (DA #2015-061375): Meridian City Council Meeting Agenda January 2, 2019 – Page 194 of 576 Page 6 Approved with H-2016-0092 (addendum to DA #2016-119080): Proposed REVISED Updated Plan (dated: 10/22/2018 12/18/2018) Approved by City Council on 12/18/2018: Meridian City Council Meeting Agenda January 2, 2019 – Page 195 of 576 Page 7 B. Applicant Proposed Changes to Text of Addendum to Development Agreement (#2016-119080) 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: a. Improve S. Hillsdale Avenue as a public street adjacent to the east boundary of this site as required by Ada County Highway District. b. Business hours of operation in the C-N district shall be limited from 6:00 am to 10:00 pm as set forth in UDC11-2B-3A.4, except for the YMCA which is allowed to operate from 5:00 am to 10:00 pm. The residential care facility use does not violate the limitation on the hours of operation. c. Future development of this site shall be generally consistent with the amended concept plans dated October 22 December 18, 2018 included in Exhibit A.3 of the Staff Report that is attached to the Findings of Fact and Conclusions of Law in the original Development Agreement (Instrument No. 2015-061375); and Exhibits A.4 and A.6 of the Staff Report attached to the Findings of Fact and Conclusions of Law from the modification to development agreement (H-2016-0092), attached hereto as Exhibit “A”. d. Future development of this site should include a pedestrian pathway network that links the mixed use area with the residential and the elementary school/YMCA site as well as adjacent off-site properties. Vehicular connections should also be provided for interconnectivity within the site. e. The existing home in the R-8 zoning district that is proposed to remain at the south boundary of the annexation area midway between S. Eagle Road and S. Howry Lane shall be required to hook up to City water and sewer service within 60 days of services becoming available from the development of the adjacent R-8 zoned property, per MCC 9-1-4A; the existing home that fronts on E. Amity Road that is proposed to be removed with redevelopment of the site and the existing home that fronts on S. Howry Lane that is proposed to remain in the C-N district as long as the Hill’s reside there are not required to hook up to City services. f. The rear or sides of homes on lots that face S. Eagle Road shall incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines. g. To ensure future development is consistent with the objectives and vision of the MU-N designation the following items will be considered in reviewing development applications: i. Community serving facilities (i.e. a school, park, YMCA, library, hospitals, churches, daycares, civic buildings, or public safety facilities) should be provided; ii. Public and quasi-public spaces (i.e. plazas, parks, outdoor gathering areas, open space, library and schools) should comprise a minimum of 10% of the development area; iii. Street sections consistent with the Ada County Highway District Master Street Map are required; iv. Neighborhood serving uses and dwellings should be integrated; v. Residential uses should comprise a minimum of 40% of the development area with net densities ranging from 4 to 8 units per acre with supporting non-residential services. Non-residential uses should be smaller scale and provide a good or service Meridian City Council Meeting Agenda January 2, 2019 – Page 196 of 576 Page 8 that people typically don’t travel more than a mile for and need regularly; vi. Non-residential buildings should be proportional to and blend in with residential buildings; vii. Employment opportunities for those living in the neighborhood are encouraged; viii. The mixed use project should be directly accessible to neighborhoods within the section by both vehicles and pedestrians; ix. Planning of the C-N property north of the park and YMCA shall consider appropriate visibility, parking and emergency access to the future neighborhood park. x. Sample uses appropriate in the MU-N area would include: townhouses, multi-family developments, neighborhood grocer, drug stores, coffee/sandwich/ice-cream shops, vertically integrated buildings, live-work spaces, dry cleaner/laundromat, salons/spas, daycares, neighborhood-scale professional offices, medical/dental clinics, gift shops, schools, parks, churches, clubhouses, public uses, and other appropriate neighborhood uses. h. A landscape buffer to residential uses is not required adjacent to the Hill home at the southeast corner of the site as buffering will be achieved through the adjacent City park, YMCA and school complex and the property will eventually be part of the YMCA site. i. The annexation area shall be subdivided prior to issuance of any building permits beyond those required for the development of the school, YMCA and park site, and a wireless communication facility as shown on the revised conceptual development plan dated October 22, 2018; and the assisted living facility and medical clinic shown on the detailed site plan approved with H-2016-0092. VIII. CITY/AGENCY COMMENTS & CONDITIONS A. Department of Environmental Quality (DEQ) http://weblink.meridiancity.org/WebLink8/DocView.aspx?id=158404&dbid=0 B. Nampa & Meridian Irrigation District (NMID) http://weblink.meridiancity.org/weblink8/0/doc/158710/Page1.aspx Meridian City Council Meeting Agenda January 2, 2019 – Page 197 of 576 City Council Meeting Agenda January 2, 2019 Agenda Item Number: 6 J Project File Number: H-2018-0085 Item Title: Addendum to the Development Agreement for Verado West MDA Request: Meeting Notes: With C4 Land LLC (owner) and DevCo Development LLC (developer) Located at the southeast corner of N. Locust Grove Rd. and E. Ustick Rd. at 3090 N. Locust Grove Rd., in the NW of Section 5, Township 3 North, Range 1 East th u XIYI IIV{u�'Y I TEM SHEET C ouncil Agenda I tem - 6.J . Presenter: Bill Parsons/Sonya Allen Estimated Time f or P resentation: 2-3 minutes Title of I tem - Addendum to Development Agreement for Verado West M D A-H-2018-0085 with C 4 L and L L C (O WNE R) and D evCo Development, L L C (D E V E L O P E R) located at the southeast corner of N. Locust Grove Rd. and E . Ustick Rd. at 3090 N. L ocust Grove Rd., in the NW 1/4 of Section 5, Township 3 North, Range 1 E ast Addendum to the Development A greement recorded on D ecember 8, 2016 (I nstrument No. 2016- 119079) with the C ity of Meridian and C 4 L and L L C (O W NE R) and DevCo D evelopment, L L C (D E V E L O P E R) f or Verado West MD A H-2018-0085 C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate A ddendum to D A for Verado West MD A -H-2018-0085 A greements / C ontracts 12/20/2018 E xhibit A-Verado West MD A-H-2018-0085 E xhibit 12/20/2018 E xhibit B -Verado West MD A H-2018-0085 E xhibit 12/20/2018 RE V I E WE RS : Department Reviewer Action D ate Community Development.J ohnson, Chris Approved 12/20/2018 - 1:14 P M Community Development.A lbertson, Michelle Approved 12/20/2018 - 1:24 P M Meridian City Council Meeting Agenda January 2, 2019 – Page 198 of 576 ADA COUNTY RECORDER Christopher D. Rich 2019-000376 BOISE IDAHO Pgs=53 LISA BATT 01/03/2019 10:42 AM CITY OF MERIDIAN, IDAHO NO FEE PARTIES: 1. City of Meridian 2. C4 Land LLC, Owner 3. DevCo Development, LLC, Developer THIS ADDENDUM TO DEVELOPMENT AGREEMENT is dated this 2,r'd day 2-0 of (Ton(jor I 19,-2fftt-,rADDENDU`M"), by and between City of Meridian, a municipal corpoi'a ion of the State of Idaho ("CITY"), whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and C4 Land LLC, ("OWNER"), whose address is 1590 N. Locust Grove Rd, Meridian, Idaho 83642 and DevCo Development, LLC, ("DEVELOPER"), whose address is 4824 W. Fairview Avenue, Boise, Idaho 83706. A. CITY and OWNER and/or DEVELOPER entered into that certain Development Agreement that was recorded on December 8, 2016 in the real property records of Ada County as Instrument No. 2016-119079 ("DEVELOPMENT AGREEMENT"). B. CITY and OWNER and/or DEVELOPER now desire to amend the Development Agreement, which terms have been approved by the Meridian City Council in accordance with Idaho Code Section 67-6511. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 1. OWNER/DEVELOPER shall be bound by the terms of the Development Agreement recorded in the records of Ada County as Instrument No. 2016-119079 as to the property described in Exhibit "A" and except as specifically amended as follows: 4. USESPERMITTEDBYTHISAGREEMENT. This Agreenient shall vest the right to develop the Property, in accordance with the terins and conditions of this Agreement. 4.1 The uses alloived pursuant to this Agreement are only those uses alloived under the UDC. 4.2 No change in the uses specified in this.Agreelnent shall be allowed without 7110dification of this Agreenient. ADDENDUM TO DEVELOPMENT AGREEMENT - VERADO WEST MDA H 2018-0085 Page I of 5 wit] 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 a n u a r y 2 , 2 0 1 9 – P a g e 2 0 0 o f 5 7 6 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 a n u a r y 2 , 2 0 1 9 – P a g e 2 0 1 o f 5 7 6 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER: C4 Land LLC By: DEVELOPER: DevCo Development, LLC By: A — A /,,-. V -V V V A' CITY OF MERIDIAN By: May Ta my de Weerd Q"- � '� I i w ay Coles, 'ty Clerk I" �r IDAHOE IDRIA C jQ�N O y� SEAL \P4 ADDENDUM TO DEVELOPMENT AGREEMENT - VERADO WEST MDA H 2018-0085 Page 4 of 5 Lg STATE OF IDAHO ss: County of Ada, On this _4� day of 2018, before me, the undersigned, a Notary Public in and for said State, personally appeared �' (.r C0AQe'.— , known or identified to me to be the Cis of C4 Land LLC, and acknowledged to me that he executed the same on behalf of said Corpo ation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first (SEAL) STATE OF IDAHO County of Ada, , 0 0 ��,.......�5'�rcP ?ZyMARY �S PUBLVG 110. see OF P • Notary Public for Idaho Residing at: &A 1 A My Commission Expires: On this S day of 2018, before me, the undersigned, a Notary Public in and for said State, personally appeared Z_ G-, { known or identified to me to be the Mw r— of DevCo Development, fLC, and acknowledged to me that lie executed the same on behalf of said Corporation. IN WITNESS WHEREOF e,1 j11y hereunto set my hand and affixed my official seal the day and year in this certificate first above •1�+4P NE JAS (SEAL) j.10TARy Notary Public for Idaho 7 Residing at`"c) I • ,t7 ,Q' My Commission Expires: STATE OF IDAHO ) County of Ada ) rid '2.01 q On this 2 day of ,121-b1B, before me, a Notary Public, personally appeared Tammy de Weerd and C.Jay Coles, kno identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument on behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. CHARLENE WAY (UMMISSION 0673N Notary Public for dahc, NOTARY PUBLIC Residing at: �'( S 1,Qju alan 1,20L STATE OF IDAHO Commission expires: 3- 22 - 202'2 MY COMMISSION EXPIRES 3/28/12 ADDENDUM TO DEVELOPMENT AGREEMENT - VERADO WEST MDA H 2018-0085 Page 5 of 5 EXHIBIT A Meridian City Council Meeting Agenda January 2, 2019 – Page 204 of 576 Meridian City Council Meeting Agenda January 2, 2019 – Page 205 of 576 Meridian City Council Meeting Agenda January 2, 2019 – Page 206 of 576 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0085 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for a Modification to the Existing Development Agreement for Verado Subdivision to Include the Subject Property in the Agreement; Annexation and Zoning of 19.44 Acres of Land with an R-15 Zoning District; and Preliminary Plat Consisting of 132 Building Lots and 18 Common Lots on 17.35 Acres of Land for Verado West Subdivision, by DevCo Development, LLC. Case No(s). H-2018-0085 For the City Council Hearing Date of: October 23, 2018 (Findings on November 7, 2018) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of October 23, 2018, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of October 23, 2018, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of October 23, 2018, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of October 23, 2018, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the “Local Land Use Planning Act of 1975,” codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Community Development Department, the Public Works Department and any affected party requesting notice. Meridian City Council Meeting Agenda November 7, 2018 – Page 175 of 520 EXHIBIT B Meridian City Council Meeting Agenda January 2, 2019 – Page 207 of 576 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0085 - 2 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of October 23, 2018, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council’s authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant’s request for a modification to the development agreement, annexation and zoning, and preliminary plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of October 23, 2018, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer’s signature on the final plat within two (2) years of the approval of the preliminary plat or the combined preliminary and final plat or short plat (UDC 11-6B-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2) years, may be considered for final approval without resubmission for preliminary plat approval (UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A, the Director may authorize a single extension of time to obtain the City Engineer’s signature on the final plat not to exceed two (2) years. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again (UDC 11- 6B-7C). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six (6) months of the city council granting the modification. Meridian City Council Meeting Agenda November 7, 2018 – Page 176 of 520Meridian City Council Meeting Agenda January 2, 2019 – Page 208 of 576 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0085 - 3 - A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six (6) month approval period. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of October 23, 2018 Meridian City Council Meeting Agenda November 7, 2018 – Page 177 of 520Meridian City Council Meeting Agenda January 2, 2019 – Page 209 of 576 By action of the City Council at its regular meeting held on the 71 day of N 0' 'Mb P 2018. COUNCIL PRESIDENT JOE BORTON VOTED COUNCIL VICE PRESIDENT LUKE CAVENER VOTED COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED COUNCIL MEMBER TY PALMER VOTED COUNCIL, MEMBER TREG BERNT VOTED_ COUNCIL MEMBER GENESIS MILAM VOTED MAYOR TAMMY de WEERD VOTED TIE BREAKER) Attest: C.Ja oles City Clerk C2 Mayor de Weerd Vv , m ity or w C> E IDIAN . IDAHO SEAL Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: Dated: 11-1-18 City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0085 - 4 - Verado Wear Meridian City Council Meeting Agenda January 2, 2019 – Page 210 of 576 Verado West – MDA AZ PP H-2018-0085 PAGE 1 STAFF REPORT Hearing Date: October 23, 2018 TO: Mayor & City Council FROM: Sonya Allen, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Verado West – MDA, AZ & PP (H-2018-0085) I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, DevCo Development, LLC, has submitted applications for the following: Modification to the existing development agreement for Verado Subdivision to include the subject property in the agreement; Annexation & zoning of 19.44 acres of land with an R-15 zoning district; and, Preliminary Plat consisting of 132 building lots and 18 common lots on 17.35 acres of land in an R-15 zoning district. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed MDA, AZ and PP applications in accord with the conditions of approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D. The Commission is not required to make a recommendation on the MDA application; City Council is the decision making body on this application. The Meridian Planning & Zoning Commission heard these items on September 20, 2018. At the public hearing, the Commission moved to recommend approval of the subject AZ and PP requests. a. Summary of Commission Public Hearing: i. In favor: Jim Conger, Conger Management Group (Applicant’s Representative); Will Dilmore ii. In opposition: Michael Simpson, Megan Izzo iii. Commenting: Chris Catherman, Paul Nielson, Chuck Catherman iv. Written testimony: Conger Management Group, Applicant’s Representative v. Staff presenting application: Sonya Allen, Bill Parsons vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. Concern pertaining to the routing of the lateral through this site and possible flooding to downstream users; ii. Need for an access via Locust Grove Rd. or Ustick Rd. to help disperse traffic – concern that traffic volumes will be too high going through existing neighborhoods; iii. Not enough transition in lot sizes along southern boundary of development; iv. Desire for single-story homes to be constructed instead of 2-story along the southern boundary of the development; v. Opinion that proposed density is too high, no personality or uniqueness to the proposed homes, eaves that don’t go all the way back, homes too close together (i.e. 3’ side setbacks too narrow). EXHIBIT A Meridian City Council Meeting Agenda November 7, 2018 – Page 179 of 520Meridian City Council Meeting Agenda January 2, 2019 – Page 211 of 576 Verado West – MDA AZ PP H-2018-0085 PAGE 2 c. Key Issues of Discussion by Commission: i. The Applicant’s request to pipe the South Slough that crosses the southeast corner of the site (Note: After the Commission hearing, a letter was received from NMID stating the South Slough was renamed to the Finch Lateral in 1994; as such, it’s not considered to be a creek/natural waterway that is required to be left open by UDC 11-3A-6); ii. Applicant’s proposal for units to be owner occupied, not rental units; iii. Which units/elevations will have eaves and which won’t (concept elevations all show eaves – no elevations were submitted for those without eaves); iv. Concern there isn’t sufficient parking provided on the site, specifically for guests; v. Location of open space at entry of development as opposed to further to the west in a more central location within the development as recommended by Staff; vi. Concern that an access via E. Ustick Rd. or N. Locust Grove Rd. is needed for the development so that traffic isn’t being funneled through adjacent neighborhoods ACHD estimates 1,246 trips per day generated from this development). d. Commission Change(s) to Staff Recommendation: i. Modification to condition #1.1.1C to require single-level homes along the southern boundary of the development. ii. Applicant should modify the proposed development plan as recommended by Staff per condition #1.1.6 prior to the City Council hearing. e. Outstanding Issue(s) for City Council: i. Staff deleted condition #1.1.5 pertaining to the South Slough per NMID’s letter discussed above in #c.i. The Meridian City Council heard these items on October 23, 2018. At the public hearing, the Council approved the subject MDA, AZ and PP requests. a. Summary of City Council Public Hearing: i. In favor: Will Dilmore, Chris Catherman, Chuck Catherman, Paul Nielsen, Andrew Newland, Richard Jeske, Paula Barrett ii. In opposition: None iii. Commenting: Brian Abbott iv. Written testimony: Bill Cassinelli, Chuck & Christine Catherman, Evan & Anna Lynn Frasure, Kimberly Porter v. Staff presenting application: Sonya Allen vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. Commitment by the Applicant that all homes on the street side at the ends of blocks will have eaves; ii. Concern pertaining to traffic flow through adjacent neighborhoods generated by the development with no direct access via Locust Grove Rd. or E. Ustick Rd.; iii. Preference for the South Slough/Finch Lateral to remain open and not be piped due to the wildlife habitat. c. Key Issues of Discussion by Council: i. The Applicant’s request to construct the street buffers along Locust Grove & Ustick Rds. in the second phase with the second phase of development rather than with the first phase as recommended by Staff; ii. Concern pertaining to the lack of variation in home types and building setbacks; iii. Relocation of the interior common area further to the west to be more central to the development as recommended by Staff; iv. The needed diversity in housing types that this product provides; Meridian City Council Meeting Agenda November 7, 2018 – Page 180 of 520Meridian City Council Meeting Agenda January 2, 2019 – Page 212 of 576 Verado West – MDA AZ PP H-2018-0085 PAGE 3 v. In favor of eaves all the way around the homes; vi. In favor of common maintenance throughout the development; d. Key Council Changes to Staff/Commission Recommendation i. Modify DA provision #5.1e to allow the street buffer along Locust Grove and Ustick Roads to be constructed with the phase of development in which it lies, rather than with the first phase of development; ii. Modify DA provision #5.1c to require minimum 1-foot wide fire rated eaves to be constructed on all four sides of structures within the development; iii. Include a new DA provision requiring CC&R’s to be recorded that require the HOA to be responsible for all landscape maintenance for each lot within the development (see provision #5.1h). iv. Delete condition #1.1.6 that requires an updated qualified open space exhibit to be provided with relocation of the common area to be more central to the development. An updated plan was submitted and Council did not require the common area to be relocated. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2018- 0085, as presented in the staff report for the hearing date of October 23, 2018, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2018-0085, as presented during the hearing on October 23, 2018, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2018-0085 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 the southeast corner of N. Locust Grove Rd. and E. Ustick Rd. at 3090 N. Locust Grove Rd., in the NW ¼ of Section 5, Township 3 North, Range 1 East. B. Owner(s): Brinegar Investments, L.P. 1590 N. Locust Grove Rd. Meridian, ID 83642 C. Applicant: DevCo Development, LLC 4824 W. Fairview Ave. Boise, ID 83706 D. Representative: Laren Bailey, DevCo Development, LLC 4824 W. Fairview Ave. Boise, ID 83706 E. Applicant's Statement/Justification: Please see applicant’s narrative for this information. Meridian City Council Meeting Agenda November 7, 2018 – Page 181 of 520Meridian City Council Meeting Agenda January 2, 2019 – Page 213 of 576 Verado West – MDA AZ PP H-2018-0085 PAGE 4 V. PROCESS FACTS A. The subject application is for a development agreement modification, annexation and zoning and preliminary plat. A public hearing is required before the Planning & Zoning Commission and City Council on the annexation and zoning and preliminary plat applications; a public hearing is only required before the City Council on the development agreement application, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: August 31, 2018 (Commission); October 5, 2018 (City Council) C. Radius notices mailed to properties within 300 feet on: August 24, 2018 (Commission); October 2, 2018 (City Council) D. Applicant posted notice on site(s) on: September 10, 2018 (Commission); October 12, 2018 (City Council) VI. LAND USE A. Existing Land Use(s) and Zoning: The subject property consists of rural residential/agricultural use, zoned RUT in Ada County. B. Character of Surrounding Area and Adjacent Land Use and Zoning: North: E. Ustick Rd. and single-family residential, zoned R-4 West: Single-family residential, zoned R-8 South: Single-family residential, zoned R-8 East: Rural residential, zoned RUT in Ada County; and future single-family residential, zoned R- 15 C. History of Previous Actions: None D. Utilities: 1. Location of sewer: Sanitary sewer mains intended to provide service to the project area, currently exist in the adjacent stub streets to the south and east. 2. Location of water: Domestic water mains intended to provide service to the project area, currently exist in the adjacent stub streets to the south and east 3. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: The South Slough runs across the southeast corner of this site. 2. Hazards: Staff is unaware of any hazards that may exist on this site. 3. Flood Plain: This site does not lie within the Meridian Floodplain Overlay District. VII. COMPREHENSIVE PLAN POLICIES AND GOALS The Comprehensive Plan Future Land Use Map (FLUM) designates this site as Medium Density Residential (MDR). The purpose of the MDR designation is to allow smaller lots for residential purposes within City limits. Uses may include single-family homes at gross densities of 3 to 8 dwelling units per acre d.u./acre). Meridian City Council Meeting Agenda November 7, 2018 – Page 182 of 520Meridian City Council Meeting Agenda January 2, 2019 – Page 214 of 576 Verado West – MDA AZ PP H-2018-0085 PAGE 5 The applicant proposes to develop this 17.35 acre site with 132 single-family residential detached and attached homes at a gross density of 7.6 dwelling units per acre (d.u./acre) and a net density of 12.32 units/acre consistent with the MDR FLUM designation. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): Support a variety of residential categories (low-, medium-, medium-high and high-density single-family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities.” (3.07.01E) The proposed medium density development with single-family detached and attached homes will contribute to the variety of housing types in this area. Staff is unaware of how affordable” the homes will be. Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City.” (3.01.01F) City services are available and will be extended by the developer to the proposed lots with development of the site in accord with UDC 11-3A-21. Require new urban density subdivisions which abut or are proximal to existing low density residential land uses to provide landscaped screening or transitional densities with larger, more comparable lot sizes to buffer the interface between urban level densities and rural residential densities.” (3.05.02F) The proposed subdivision does not provide adequate transition in lot sizes to existing residential lots along the southern boundary of the development [i.e. 3 lots (or portions thereof) are proposed to every single (1) lot to the south]. Improve and protect creeks (Five Mile, Eight Mile, Nine Mile, Ten Mile, South Slough, and Jackson and Evans drainages) throughout commercial, industrial and residential areas.” 5.01.01E) The South Slough runs across the southeast corner of this site and should remain open and be protected during construction. Require common area in all subdivisions.” (3.07.02F) Because this site is over 5 acres in size, the UDC (11-3G-3) requires a minimum of 10% qualified open space to be provided within the development. The applicant is proposing 1.73 acres (or 10%) of qualified open space within the development (see Exhibit A.4). Because this property is being combined with the previous phase of the Verado development, staff believes additional open space should be required beyond the minimum of the 10 percent(see analysis below). Encourage infill development.” (3.04.02B) The proposed infill project is surrounded by City annexed land developed with single-family residential uses except for the small County parcel at the northeast corner of the site. Review new development for appropriate opportunities to connect local roads and collectors to adjacent properties (stub streets). (3.03.020) The proposed plat depicts the extension of existing and future stub streets at the south and east boundaries of the site. Coordinate with public works, police, and fire departments on proposed annexation and development requests, and the impacts on services.” (3.04.01H) Meridian City Council Meeting Agenda November 7, 2018 – Page 183 of 520Meridian City Council Meeting Agenda January 2, 2019 – Page 215 of 576 Verado West – MDA AZ PP H-2018-0085 PAGE 6 Staff has coordinated with public works, police and fire and has incorporated their comments and conditions in this report. Develop pathways to connect Meridian with Boise, Nampa, Kuna and Eagle.” (6.01.02C) The Pathways Master Plan depicts a segment of the City’s multi-use pathway system adjacent to the South Slough at the southeast corner of the site; a multi-use pathway is proposed accordingly. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Districts: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian comprehensive plan. Residential districts are distinguished by the dimensional standards of the corresponding zone and housing types that can be accommodated UDC 11-2A-1). B. Schedule of Use: UDC Table 11-2A-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the R-15 zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. Single-family detached and attached dwellings are principally permitted uses in the R-15 zoning district. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Tables 11-2A-7 for the R-15 zoning district. D. Landscaping: Landscaping shall be required in accordance with the standards listed in UDC 11- 3B-7C, Street Buffer Landscaping; and, 11-3G-3E, common open space areas. E. Off-Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for single- family detached and attached dwellings. F. Structure and Site Design Standards: Development of the attached dwellings within this development must comply with the design standards listed in UDC 11-3A-19 and in the Architectural Standards Manual (ASM). IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: 1. Development Agreement (DA) Modification: The applicant proposes to modify the existing development agreement (Inst. #2016-119079) for Verado Subdivision to include the subject property in the agreement. The first two phases of Verado Subdivision exist to the east of the proposed development as shown on the map below. A legal description and exhibit map will need to be submitted that incorporates the overall Verado development. The existing DA provisions are included in Exhibit A.6; staff has proposed modifications in strike-out/underline format to accommodate the provisions associated Verado West subdivision. Meridian City Council Meeting Agenda November 7, 2018 – Page 184 of 520Meridian City Council Meeting Agenda January 2, 2019 – Page 216 of 576 Verado West – MDA AZ PP H-2018-0085 PAGE 7 2. Annexation & Zoning The applicant has applied for annexation and zoning of 19.44 acres of land with an R-15 zoning district. The proposed gross density of 7.6 dwelling units per acre is consistent with the MDR FLUM designation as discussed above in Section VII. The Applicant states the R-15 zoning district is requested specifically for the 3 foot side yard setback and not for an increase in density. The legal descriptions submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be annexed and rezoned. The property is contiguous to land that has been annexed into the City and is within the Area of City Impact boundary. The City may require a development agreement (DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. Because there is an existing DA for the first two phases of the Verado development to the east (highlighted in green above) that the Applicant requests to amend with this application to include the subject property in the agreement, staff does not recommend a separate DA is required for the proposed annexation. 3. Preliminary Plat The proposed preliminary plat consists of 132 building lots and 18 common lots on 17.35 acres of land in a proposed R-15 zoning district. The subdivision is proposed to develop in two phases starting at the east end of the property. The minimum property size of the proposed building lots is 3,081 square feet (s.f.) with an average lot size of 3,573 s.f. Several of the lots in the southwest corner (Lots 52-54, Block 1) abut E. Kamay Court right-of way. Per UDC 11-6C-3A.1 through properties are prohibited except where it is shown that unusual conditions make it impossible to meet this requirement. Because this street is not proposed or required to be extended with this development, staff believes that there is an unusual circumstance. Prior to City signature on a final plat, the applicant shall include a note on the final plat that designates Lots 52-54, Block 1 (or any configuration of lots that abuts Kamay ROW) to take access from E. Stormy Drive. NOTE: As noted below, staff is requiring the applicant to provide transitional lots sizes Meridian City Council Meeting Agenda November 7, 2018 – Page 185 of 520Meridian City Council Meeting Agenda January 2, 2019 – Page 217 of 576 Verado West – MDA AZ PP H-2018-0085 PAGE 8 along the south boundary. If Commission supports the transition recommended by staff this would reduce the number of through lots. A mix of single-family detached and attached homes, but mostly attached, are proposed along the north and west boundaries of the site adjacent to Ustick & Locust Grove Roads; single- family detached homes are proposed internal to the development. Black Rock Homes is proposed to be the builder of homes within the proposed development and is proposing to construct homes from their Urban Collection; this design was used in Solterra, Sovi, Verado Estates (to the east), and Movado Greens developments. The internal detached homes are proposed to be 2-story and range in size from 1,377 to 1,850 square feet; the attached homes will be single-level and are designed to serve mature “empty nesters.” The detached homes proposed adjacent to arterial streets (i.e. Ustick and Locust Grove Roads) are also proposed to be a single-story in height. Transition in Lot Sizes to Existing Residential Lots: The proposed subdivision does not provide adequate transition in lot sizes to existing residential lots along the southern boundary of the development [i.e. 3 lots (or portions thereof) are proposed to every single (1) lot to the south]. Staff recommends more comparable lot sizes are proposed to existing lots along the southern boundary of the development; the plat should be revised accordingly. NOTE: During the project review meeting, several concerns were raised with the number of narrow lots and the impacts that it has to on-street parking (lessened due to the number of driveways in close proximity). In addition, narrow lots limits the variation in housing types and limits the homes being constructed on the lots from having varied step backs in building setbacks within the development to articulate and break up the front wall planes of structures visible from interior streets (all homes are constructed at the same setback with a garage dominated design that diminishes community character). The applicant is requesting that this development be combined with the previous phases to construct much of the same housing types. The Commission should determine if more variation in lot sizes is needed in this area to provide more housing diversity throughout the entire Verado development. Existing Structures: There are several existing structures on the site that are proposed to be removed. Removal of these structures should take place prior to signature on the final plat by the City Engineer for the phase in which they are located. Dimensional Standards: Development of this site is required to comply with the dimensional standards listed in UDC 11-2A-3B and 11-2A-7 for the R-15 district; and the subdivision design and improvement standards listed in UDC 11-6C-3. The maximum block face length allowed in residential districts is 750 feet without an intersecting street or alley. Where a pedestrian connection is provided, the maximum block face may extend up to 1,000 feet in length. The proposed block lengths comply with UDC standards. Traffic Impact Study (TIS): A TIS was not required by ACHD to be provided for this development. However, a traffic impact analysis was received from Daniel Thompson, Thompson Engineers, Inc., summarizing the traffic impact for the proposed subdivision based on information provided from the Applicant. Based on the information contained in the analysis, it’s the opinion of the traffic engineer that this development will not have a significant impact on the collector and local streets in the two subdivisions southeast of the intersection of Locust Grove and Ustick Roads. See complete letter in project file for more information. Meridian City Council Meeting Agenda November 7, 2018 – Page 186 of 520Meridian City Council Meeting Agenda January 2, 2019 – Page 218 of 576 Verado West – MDA AZ PP H-2018-0085 PAGE 9 Streets: All streets within this development are proposed to be public. North Chantilly Ave., an existing stub street at the south boundary of this site is proposed to be extended. There is another existing stub street (i.e. E. Kamay Ct.) that exists approximately 240 feet to the west that is not proposed or required to be extended with this development. Note: On-street parking will be diminished due to the number of driveways in close proximity of one another. Access: Access to streets is required to comply with the standards listed in UDC 11-3A-3 unless otherwise waived by City Council. No public street access is proposed to adjacent arterial streets (i.e. Locust Grove & Ustick); all access is provided through Verado Subdivision to the east and Chamberlain Estates Subdivision to the south. Common Driveways: Common driveways are required to comply with the standards listed in UDC 11-6C-3D. Common driveways are proposed on Lots 6, 39 and 51, Block 1. An exhibit is required to be submitted with the final plat application that depicts the setbacks, fencing, building envelope, and orientation of the lots and structures on lots accessed via the common driveway. If Lots 5, 40 and 52, Block 1 aren’t proposed to take access via the common driveway, the driveway on those lots should be located on the opposite site of the shared property line with the common driveway. A perpetual ingress/egress easement 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; a copy of said agreement shall be submitted to the Planning Division prior to City Engineer signature on the final plat. Lot 51, Block 1 abuts a common lot approved with the Chamberlain Estates Subdivision Lot 32, Block 2). This common lot also provides a pedestrian access to Locust Grove Road. Staff recommends that the applicant provide a pedestrian connection through Lot 51, Block 1 that connects to the common lot in Chamberlain Estates Subdivision for pedestrian interconnectivity between the two (2) developments. Parking: Off-street parking is required to be provided for single-family detached and attached homes as set forth in UDC Table 11-3C-6. Landscaping: Landscaping is required to be provided in the proposed development as set forth in UDC 11-3B-7C and 11-3G-3E. A landscape plan was submitted with this application for the area proposed to be platted as shown in Exhibit A.3. A minimum 25-foot wide buffer is required adjacent to N. Locust Grove Rd. and E. Ustick Rd., both arterial streets, as set forth in UDC Table 11-2A-7. A 4- to 5-foot tall berm on top of a retaining wall with a 6-foot tall vinyl fence is proposed with the street buffer which will screen the adjacent single-story homes from the street. Landscaping is required along all pathways as set forth in UDC 11-3B-12C. Open Space/Site Amenities: Single-family developments over 5 acres in size in residential districts are required to comply with minimum open space and site amenity requirements as set forth in UDC 11-3G-3. Based on the residential area (17.35 acres), a minimum of 10% (or 1.74 acres) qualified open space and one (1) qualified site amenity is required to be provided within the development. The applicant proposes a total of 10% (or 1.73 acres) of qualified open space consisting of internal common area, landscaping along a micro-path, and half of the street buffers along adjacent arterial streets (i.e. Ustick & Locust Grove Rds.) in accord with UDC standards as shown in Exhibit A.4. Meridian City Council Meeting Agenda November 7, 2018 – Page 187 of 520Meridian City Council Meeting Agenda January 2, 2019 – Page 219 of 576 Verado West – MDA AZ PP H-2018-0085 PAGE 10 While the proposed open space meets the minimum standards in the UDC, it’s not ideal as the common area is located clear at the east end at the entrance of the development; staff recommends it’s relocated further to the west to be more central to the development and more accessible to all residents. Further, due to the small lot sizes proposed within this development, staff recommends a minimum of an additional 8,000+/- square feet (or 0.18 of an acre) of common area is provided. This could be achieved by switching the locations (i.e. configuration) of Blocks 3 and 4 or 5 and losing two building lots resulting in a “through” common area. Note: The eligible open space depicted on the plat is incorrect. Qualified site amenities for the proposed development consist of a segment of the City’s multi-use pathway system along the southeast corner of the site adjacent to the South Slough and a 6,500+/- square foot dog park with seating areas in accord with UDC standards. Staff recommends an additional qualified site amenity is provided for this development such as a gazebo/covered picnic area with picnic tables or sports courts (or other comparable amenity). Parkways: No parkways are proposed in this development. Tree Mitigation: Mitigation is required for all existing trees 4” caliper or greater that are removed from the site with equal replacement of the total calipers lost on the site up to an amount of 100% replacement as set forth in UDC 11-3B-10C.5. Prior to removal of any trees on the site, the Applicant should contact the City Arborist, Elroy Huff (208-371-1755) to determine mitigation requirements. Mitigation information should be included on the landscape plan in accord with UDC 11-3B-10C.5. Pathways: Per the Pathways Master Plan, a segment of the City’s 10-foot wide multi-use pathway system is planned along the north side of the South Slough at the southeast corner of this site. A public pedestrian easement is required to be submitted to the Planning Division for the multi-use pathway. The easement should be submitted prior to City Engineer signature on the final plat for the phase in which it is located. Sidewalks: Sidewalks are required along all public streets as set forth in UDC 11-3A-17; detached sidewalks are required along all arterial streets and attached (or detached) sidewalks are required along local streets. Attached sidewalks exist along N. Locust Grove Rd. and along a portion of E. Ustick Rd.; detached sidewalk was constructed along the east portion of Ustick Rd.; because this is a fairly new sidewalk, staff does not recommend the attached portions are replaced with detached sidewalks. However, new sidewalk should be constructed where the curb cut for the existing home is located that is required to be removed with development. Where the existing sidewalk along Ustick Rd. is detached from the curb and gravel exists in the parkway, the gravel should be replaced with landscaping in accord with the standards listed in UDC 11-3B-7C. Utilities: All development is required to connect to the City water and sewer system unless otherwise approved by the City Engineer in accord with UDC 11-3A-21. Street lighting is required to be installed within the development in accord with the City’s adopted standards, specifications and ordinances. Pressurized Irrigation (PI): An underground PI system is required to be provided to each lot in the subdivision in accord with UDC 11-3A-15. Meridian City Council Meeting Agenda November 7, 2018 – Page 188 of 520Meridian City Council Meeting Agenda January 2, 2019 – Page 220 of 576 Verado West – MDA AZ PP H-2018-0085 PAGE 11 Storm Drainage: A storm drainage system is required for the development in accord with the City’s adopted standards, specifications and ordinances. Design and construction shall follow best management practice as adopted by the City in accord with UDC 11-3A-18. Waterways: The UDC (11-3A-6) requires natural waterways intersecting, crossing, or lying within the area being developed to remain as a natural amenity and not be piped or otherwise covered. The South Slough crosses the southeast corner of this site and is a natural waterway; as such, it is required to be protected during construction and remain open as a natural amenity and not be piped or otherwise covered. Smaller irrigation ditches that cross the site are required to be piped. The applicant is proposing to pipe the portion of the South Slough that crosses this site; in accord with UDC 11-3A-6, this waterway shall remain open and not be piped. An easement for the waterway should be depicted on the plat. Floodplain: This site is not within the floodplain. Fencing: All fencing is required to comply with the standards listed in UDC 11-3A-6B and 11-3A-7. Fencing along natural waterways shall not prevent access to the waterway. In limited circumstances and in the interest of public safety, larger open water systems may require fencing as determined by the City Council, Director and/or Public Works Director. Side yard fences that follow the side yard property line shall only be allowed where the side setback is 5 feet or greater. A 6-foot tall vinyl private fence is proposed around the perimeter of the development except for around the common area proposed at the southeast corner of the site where there is existing fencing that is proposed to remain. A small section of 6-foot tall black vinyl coated chainlink fence is proposed along the south boundary of the site adjacent to the South Slough where there is not existing fencing. A 5-foot tall wrought iron fence is proposed around the dog park (i.e. small dog area) and around the common area on Lot 1, Block 3. Building Elevations: The applicant has submitted two (2) conceptual building elevations for the proposed single-family detached homes depicting a mix of horizontal and vertical siding with stone/brick veneer accents as materials; and one (1) conceptual building elevation for the proposed single-family attached residential dwellings depicting horizontal siding with stone/brick veneer accents. The single-family attached units are required to comply with the design standards listed in the Architectural Standards Manual. Design Review: Administrative design review is required for all attached single-family homes. The design of the attached dwellings should be consistent with standards in the Architectural Standards Manual. In summary, Staff recommends approval of the proposed development agreement modification, annexation and preliminary plat requests for this site with the modified development agreement provisions and conditions listed in Exhibit A. 6 and Exhibit B of this report in accord with the findings contained in Exhibit D. X. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Preliminary Plat & Phasing Plan (dated: 6/29/18, Revised 10/8/18) 3. Proposed Landscape Plan (dated: 7/18/18, Revised 10/11/18) 4. Qualified Open Space Exhibit for Verado West (REVISED) AND Exhibit Depicting Open Meridian City Council Meeting Agenda November 7, 2018 – Page 189 of 520Meridian City Council Meeting Agenda January 2, 2019 – Page 221 of 576 Verado West – MDA AZ PP H-2018-0085 PAGE 12 Space for the Entire Verado Development 5. Conceptual Building Elevations 6. Proposed Changes to Development Agreement B. Agency & Department Comments/Conditions C. Legal Description & Exhibit Map for Annexation & Zoning Boundary D. Required Findings from Unified Development Code Meridian City Council Meeting Agenda November 7, 2018 – Page 190 of 520Meridian City Council Meeting Agenda January 2, 2019 – Page 222 of 576 Verado West – MDA AZ PP H-2018-0085 PAGE 13 Exhibit A.1: Vicinity/Zoning Map Meridian City Council Meeting Agenda November 7, 2018 – Page 191 of 520Meridian City Council Meeting Agenda January 2, 2019 – Page 223 of 576 Verado West – MDA AZ PP H-2018-0085 PAGE 14 Exhibit A.2: Preliminary Plat & Phasing Plan (dated: 6/29/18, Revised 10/8/18) Meridian City Council Meeting Agenda November 7, 2018 – Page 192 of 520Meridian City Council Meeting Agenda January 2, 2019 – Page 224 of 576 Verado West – MDA AZ PP H-2018-0085 PAGE 15 Exhibit A.3: Proposed Landscape Plan (dated: 7/18/18, Revised 10/11/18) Meridian City Council Meeting Agenda November 7, 2018 – Page 193 of 520Meridian City Council Meeting Agenda January 2, 2019 – Page 225 of 576 Verado West – MDA AZ PP H-2018-0085 PAGE 16 Meridian City Council Meeting Agenda November 7, 2018 – Page 194 of 520Meridian City Council Meeting Agenda January 2, 2019 – Page 226 of 576 Verado West – MDA AZ PP H-2018-0085 PAGE 17 Exhibit A.4: Qualified Open Space Exhibit for Verado West (REVISED) AND Exhibit Depicting Open Space for the Entire Verado Development Meridian City Council Meeting Agenda November 7, 2018 – Page 195 of 520Meridian City Council Meeting Agenda January 2, 2019 – Page 227 of 576 Verado West – MDA AZ PP H-2018-0085 PAGE 18 Exhibit A.5: Conceptual Building Elevations Note: All structures are required to have 1-foot wide (fire rated) eaves on ALL sides. Meridian City Council Meeting Agenda November 7, 2018 – Page 196 of 520Meridian City Council Meeting Agenda January 2, 2019 – Page 228 of 576 Verado West – MDA AZ PP H-2018-0085 PAGE 19 Exhibit A.6: Proposed Changes to Development Agreement 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: a. Except the public street access to E. Ustick Road, direct lot access to E. Ustick Road and N. Locust Grove Road, an arterial streets, is prohibited in accord with UDC 11-3A-3. [ Staff proposed modification] b. The applicant shall comply with the submitted home elevations attached in Exhibit A.4 of the Staff Report for Verado Subdivision in the Findings of Fact and Conclusions of Law attached hereto as Exhibit B. Future homes in Phases 1 and 2 adjacent to E. Ustick Road (Lots 2-10, Block 1, and Lots 2-10, Block 2) shall incorporate a mix of materials, windows and decorative trim, and two variations in the roof lines to provide articulation and modulation to the side and rear facades that face the arterial street. c. The applicant shall comply with the submitted home elevations attached in Exhibit A.5 (including the requirement for construction of 1-foot wide fire rated eaves on all four sides) of the Staff Report for Verado West Subdivision in the Findings of Fact and Conclusions of Law attached hereto as Exhibit B. [Staff proposed modification] d. As a natural waterway, tThe applicant shall obtain a waiver from City Council to UDC 11- 3A-6A in order for the South Slough to shall remain open and not be piped as set forth in UDC 11-3A-6B due to the large capacity of the facility. If a waiver is not obtained, the waterway is required to be piped. [Staff proposed modification] e. The landscape buffers along E. Ustick Road must be constructed with the first phase of development of Verado Subdivision. The landscape buffers along E. Ustick Road and N. Locust Grove Road in Verado West Subdivision shall be constructed with the first phase of development in which they lie of Verado West Subdivision. [Staff proposed modification] f. The developer shall provide the amenities in the overall Verado & Verado West Subdivisions within the central common area on Lot 8, Block 3, a segment of the City’s multi-use recreational pathway and pathways through internal common areas as proposed on the landscape plans in Exhibits A.3 of the Staff Reports in the Findings of Fact and Conclusions of Law attached hereto as Exhibit B, and in accord with the qualified site amenity requirements listed in UDC 11-3G-3C. [Staff proposed modification] g. Structures along adjacent arterial streets (i.e. E. Ustick Rd. and N. Locust Grove Rd.) are restricted to a single-story in height as proposed by the Developer, except for the following lots: Lots 9, 14, 18, 24, 31, 34, 42, 45, 50, Block 1. h. The developer shall record CC&R’s that require the HOA to be responsible for landscape maintenance of each of the lots within the Verado West development; a copy shall be Meridian City Council Meeting Agenda November 7, 2018 – Page 197 of 520Meridian City Council Meeting Agenda January 2, 2019 – Page 229 of 576 Verado West – MDA AZ PP H-2018-0085 PAGE 20 submitted to the Planning Division with the final plat application(s). AN AMENDED LEGAL DESCRIPTION IS REQUIRED TO BE SUBMITTED TO INCLUDE THE ANNEXATION AREA IN THE OVERALL DEVELOPMENT BOUNDARY SUBJECT TO THIS AGREEMENT Meridian City Council Meeting Agenda November 7, 2018 – Page 198 of 520Meridian City Council Meeting Agenda January 2, 2019 – Page 230 of 576 Verado West – MDA AZ PP H-2018-0085 PAGE 21 EXHIBIT B - AGENCY & DEPARTMENT COMMENTS/CONDITIONS 1. PLANNING DIVISION 1.1 Site Specific Conditions of Approval 1.1.1 The preliminary plat included in Exhibit A.2, dated 6/29/18, is approved subject to the following changes: a. The “eligible open space” depicted in the Site Data table is incorrect; revise accordingly consistent with the qualified open space standards listed in UDC 11-3G-3. b. Graphically depict the Irrigation District’s easement for the South Slough/Finch Lateral. c. The proposed subdivision does not provide adequate transition in lot sizes to existing residential lots along the southern boundary of the development [i.e. 3 lots (or portions thereof) are proposed to every single (1) lot to the south]. Staff recommends more comparable lot sizes are proposed to existing lots along the southern boundary of the development; the plat shall be revised accordingly. Homes along the southern boundary of the development shall be limited to a single-story in height; lots shall be reconfigured accordingly. d. Prior to City signature on a final plat, the applicant shall include a note on the final plat that designates Lots 52-54, Block 1 (or any configuration of lots that abuts Kamay ROW) to take access from E. Stormy Drive and restrict access to E. Kamay Ct in accord with UDC 11-6C- 3A.1. e. Lot 51, Block 1 abuts a common lot approved with the Chamberlain Estates Subdivision (Lot 32, Block 2). The applicant shall incorporate a 5-foot wide pedestrian pathway through Lot 51, Block 1 that directly connects to the common lot (Lot 32, Block 2) in Chamberlain Estates Subdivision for pedestrian interconnectivity between the two (2) developments. 1.1.2 The landscape plan included in Exhibit A.3, dated: 7/18/18, is approved subject to the following changes: a. Prior to removal of any trees on the site, the Applicant should contact the City Arborist, Elroy Huff 208-371-1755) to determine mitigation requirements; mitigation information shall be included on the plan in accord with UDC 11-3B-10C.5. b. The “eligible open space” depicted in the Development Data is incorrect; revise accordingly consistent with the qualified open space standards listed in UDC 11-3G-3. c. The curb cut for the existing home on Locust Grove Rd. shall be removed and sidewalk shall be extended in this area. d. Where the sidewalk is detached from the curb along E. Ustick Rd. and gravel exists in the parkway, the gravel shall be replaced with landscaping in accord with the standards listed in UDC 11 -3B-7C. 1.1.3 Common driveways are required to comply with the standards listed in UDC 11-6C-3D including, but not limited to the following: a. An exhibit shall be submitted with the final plat application that depicts the setbacks, fencing, building envelope, and orientation of the lots and structures on lots accessed via the common driveway. b. If Lots 5, 40, and 52, Block 1 aren’t using the abutting common driveways for access, the driveways on those lots shall be located on the opposite site of the shared property line with the common driveway; include the driveway location on the exhibit required above. c. A perpetual ingress/egress easement 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; a copy of said agreement shall be submitted to the Planning Division prior to City Engineer signature on the final plat. Meridian City Council Meeting Agenda November 7, 2018 – Page 199 of 520Meridian City Council Meeting Agenda January 2, 2019 – Page 231 of 576 Verado West – MDA AZ PP H-2018-0085 PAGE 22 1.1.4 Side yard fences that follow the side yard property line shall only be allowed where the side setback is 5 feet or greater per UDC 11-3A-7C.5. 1.1.5 The South Slough is a natural waterway and as such, shall remain open and not be piped as set forth in UDC 11-3A-6. 1.1.6 A minimum of 11% (or 1.91 acres) of qualified open space is required to be provided within the development. An updated plan shall be submitted to the Planning Division prior to the public hearing before the Commission City Council that depicts the minimum open space required and relocation of common area more central to the development as discussed in Section IX.3. 1.1.7 At a minimum, a 6,500+/- square foot small dog park with seating areas, a segment of the City’s multi- use pathway system and a gazebo/covered picnic area with picnic tables or sports courts (or other comparable amenity) shall be provided as amenities within the development in accord with UDC 11-3G- 3C. The Applicant committed to providing a shade structure at the Commission hearing. 1.1.8 Provide traffic calming near the intersection of E. Ringneck St. and N. Summerfield Way to slow traffic where the micro-path is proposed. 1.1.9 The developer shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC 11-3A-6C and 11-3A-7. 1.1.10 Removal of existing structures on the site shall take place prior to signature on the final plat by the City Engineer for the phase in which they are located. 1.1.11 A public pedestrian easement is required to be submitted to the Planning Division for the multi-use pathway on this site. The easement shall be submitted prior to City Engineer signature on the final plat for the phase in which it is located. 1.1.12 Because the rear and/or sides of 2-story homes constructed on lots that abut N. Locust Grove Rd. and E. Ustick Rd., both arterial streets, will be highly visible, these elevations should 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 adjacent public street. Single- story structures are exempt from this requirement. 1.1.13 A Certificate of Zoning Compliance and Design Review application is required to be submitted to the Planning Division for approval prior to submittal of building permits applications for all single-family attached structures on the site. All attached structures shall comply with the standards listed in the Architectural Standards Manual. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the R-15 zoning district listed in UDC Table 11-2A-7. 1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets. 1.2.3 Construct on-street bikeways on all collector streets as set forth in UDC 11-3A-5. 1.2.4 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.2.5 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A-15, UDC 11-3B-6 and MCC 9-1-28. 1.2.6 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.2.7 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J. 1.2.8 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6 for single-family dwellings. Meridian City Council Meeting Agenda November 7, 2018 – Page 200 of 520Meridian City Council Meeting Agenda January 2, 2019 – Page 232 of 576 Verado West – MDA AZ PP H-2018-0085 PAGE 23 1.2.9 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B-7C. 1.2.10 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B-11C. 1.2.11 Construct all parkways consistent with the standards as set forth in UDC 11-3A-17E, 11-3G-3B5 and 11-3B-7C. 1.2.12 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to cul-de-sacs, alleys, driveways, common driveways, easements, blocks, street buffers, and mailbox placement. 1.2.13 Protect any existing trees on the subject property that are greater than four-inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B-10. 1.2.14 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.3 Ongoing Conditions of Approval 1.3.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14. 1.3.2 All common open space and site amenities shall be maintained by an owner's association as set forth in UDC 11-3G-3F1. 1.3.3 The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site. 1.3.4 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 1.3.5 The applicant shall have an ongoing obligation to maintain all pathways. 1.3.6 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 1.3.7 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11-3A-3. 1.4 Process Conditions of Approval 1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.4.2 The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11-5C-3B. A surety agreement may be accepted for other improvements in accord with UDC 11- 5C-3C. 1.4.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11-6B-3C2. 1.4.4 The applicant shall obtain approval for all successive phases of the preliminary plat within two years of the signature of the City Engineer on the previous final plat as set forth in UDC 11-6B-7B (if applicable). 1.4.5 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the City Engineer signature on a final plat within two years; or, 2) gain approval of a time extension as set forth in UDC 11-6B-7. 1.4.6 Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. Meridian City Council Meeting Agenda November 7, 2018 – Page 201 of 520Meridian City Council Meeting Agenda January 2, 2019 – Page 233 of 576 Verado West – MDA AZ PP H-2018-0085 PAGE 24 2. PUBLIC WORKS DEPARTMENT 2.1 SITE SPECIFIC CONDITIONS OF APPROVAL 2.1.1 A street light plan will need to be included with each final plat application. Street light plan requirements are listed in section 6-7 of the City's Design Standards. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272 2.1.2 Sanitary sewer and water mainline shall be designed within public right-of-ways. Service lines shall be extended into the shared driveway locations. Water meters shall be located at the right-of-way line. 2.1.3 Any existing sanitary sewer or water services that won’t be used as part of this development, will need to be abandoned per the Meridian Public Works Department’s Standards. 2.2 GENERAL CONDITIONS OF APPROVAL 2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub- grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to development plan approval. 2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898- 5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at 208)334-2190. Meridian City Council Meeting Agenda November 7, 2018 – Page 202 of 520Meridian City Council Meeting Agenda January 2, 2019 – Page 234 of 576 Verado West – MDA AZ PP H-2018-0085 PAGE 25 2.2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections 208)375-5211. 2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 2.2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.2.18 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.2.21 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must Meridian City Council Meeting Agenda November 7, 2018 – Page 203 of 520Meridian City Council Meeting Agenda January 2, 2019 – Page 235 of 576 Verado West – MDA AZ PP H-2018-0085 PAGE 26 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. 3. POLICE DEPARTMENT Meridian City Council Meeting Agenda November 7, 2018 – Page 204 of 520Meridian City Council Meeting Agenda January 2, 2019 – Page 236 of 576 Verado West – MDA AZ PP H-2018-0085 PAGE 27 4. FIRE DEPARTMENT Fire Department Summary of Report: 1. Service Delivery Travel time from nearest fire station (level of service expectation = 5 minutes) This development is 1:00 minute from the nearest fire station (under ideal conditions). If approved, the Fire Department can meet the response time requirements. 2. Resource reliability Current reliability of closest fire station (expectation should be 85% or greater) This development is closest to Fire Station #4. Current reliability is 80% from this station and does not meets the targeted goal of 85% or greater. 3. Risk Identification Risk Factor (1=residential, 2=residential with hazards, 3=commercial, 4=commercial with hazards, 5=industrial) This proposed commercial development has a risk factor of 1, in which current resources would be adequate to supply service to this propose project. 4. Resources available Water Supply (list expectations) Water supply for this proposed development requires 1000 gallons per minute for one hour for up to 3,600 square foot residence. (Approximate – see appendix B of the 2015 International Fire Code) 5. Accessibility Roadway Access, traffic This project meets all required road widths and turnarounds. The subdivision will be limited to 30 building lots until a second access point is built. 6. Specialty needs a. Aerial device needed for development (more than 30’ in height)? i. If yes, is one available within a 10 minute travel time This proposed development will not require an aerial device. The closest truck company is 6 minutes travel time (in ideal conditions) to the proposed development, and therefore the Fire Department can meet this need in the required timeframe if a truck company is required. b. Other specialty needs (water rescue, hazmat, and technical rescue)? i. If yes, is one available within a 5 minute travel time? There are no specialty needs at this time. 7. Other Comments Project specific comments are listed below. Meridian City Council Meeting Agenda November 7, 2018 – Page 205 of 520Meridian City Council Meeting Agenda January 2, 2019 – Page 237 of 576 Verado West – MDA AZ PP H-2018-0085 PAGE 28 All IFC code sections per 2015 IFC or as noted*** RESOURCE AVAILABILITY - Fire Flow and Water Supply: 1. Fire Flow: One and two family dwellings not exceeding 3,600 square feet require a fire- flow of 1,000 gallons per minute for a duration of 1 hours to service the entire project. One and two family dwellings in excess of 3,600 square feet require a minimum fire flow as specified in Appendix B of the International Fire Code. Fire Hydrant spacing shall be provided as required by Appendix C of the International Fire Code. 2. Water Supply: Final Approval of the fire hydrant locations shall be by the Meridian Fire Department or their designee in accordance with International Fire Code Section (IFC) 508.5.4 as follows: a. Fire hydrants shall have a Storz LDH connection in place of the 4 ½” outlet. The Storz connection may be integrated into the hydrant or an approved adapter may be used on the 4 1/2" outlet. b. Fire hydrants shall have the Storz outlet face the main street or parking lot drive aisle. c. Fire hydrants shall be placed on corners when spacing permits. d. Fire hydrants shall not have any vertical obstructions to outlets within 10’. e. Fire hydrants shall be placed 18” above finished grade to the center of the Storz outlet. f. Fire hydrants shall be provided to meet the requirements of the Meridian Water Dept. Standards. g. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. ACCESSIBILITY - Fire Department Roadways, Access and Addressing: 3. Roadways: In accordance with International Fire Code Section 503.2.5 and Appendix D, any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. Cul-D-Sacs shall be 96’ in diameter minimum and shall be signed “No Parking Fire Lane” per International Fire Code Sections 503.3 & D103.6. 4. Roadways: All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28’ inside and 48’ outside, per International Fire Code Section 503.2.4. 5. Roadways: All common driveways shall be straight or have a turning radius of 28’ inside and 48’ outside and have a clear driving surface of 20’ in width capable of supporting an imposed weight of 80,000 GVW, per International Fire Code Section 503.2. 6. Roadways: Private Alleys and Fire Lanes shall have a 20’ wide improved surface capable of supporting an imposed load of 80,000 lbs. All roadways shall be marked “No Parking Fire Lane” per International Fire Code Sections 503.3 & D103.6. 7. Roadways: To increase emergency access to the site a minimum of two points of access Meridian City Council Meeting Agenda November 7, 2018 – Page 206 of 520Meridian City Council Meeting Agenda January 2, 2019 – Page 238 of 576 Verado West – MDA AZ PP H-2018-0085 PAGE 29 will be required for any portion of the project which serves more than 30 homes, as set forth in International Fire Code Section D107.1. The two entrances should be separated by no less than ½ the diagonal measurement of the full development as set forth in International Fire Code Section D104.3. The applicant shall provide an additional stub street to the property. 8. Roadways: Buildings over 30’ in height are required to have access roads 26’ in width minimum in accordance with the International Fire Code Appendix D Section D105. 9. Roadways: The roadways shall be built to Ada County Highway District cross section standards and have a clear driving surface. Streets less than 26’ in width shall have no on- street parking; streets less than 32’ in width shall have parking only on one side. These measurements shall be based on the drivable surface dimension exclusive of shoulders. The roadway shall be able to accommodate an imposed load of 80,000 GVW as set forth in International Fire Code Section 503.2.1 and D103.6.1 and D103.6.2. 10. Roadways: ALLEY – In all cases, right of ways shall be a minimum of 20’ in width. The entrance to the alley from the public street shall provide a minimum twenty-eight foot (28’) inside and forty-eight foot (48’) outside turning radius. No parking shall be allowed on either side of the street. The minimum distance for alley accessed properties shall be 20’ from the face of a garage to the property line. (International Fire Code Section 503.4) 11. Roadways: Emergency response routes and fire lanes shall not be allowed to have traffic calming devices installed without prior approval of the Fire Code Official. National Fire P r o t e ction IFC 503.4.1. 12. Access: Fire lanes, streets, and structures (including the canopy height of mature trees) shall have a vertical clearance of 13’6 as set forth in International Fire Code Section 503.2.1. 13. Access: Operational fire hydrants, temporary or permanent street signs, and access roads with an all-weather surface are required to be installed before combustible construction material is brought onto the site, as set forth in International Fire Code Section (IFC) 501.4. 14. Access: Secondary emergency access routes shall be protected from illegal entry by a gate or collapsible bollards as set forth in IFC 503.5. An example would be the MaxiForce Collapsible bollards that is hydrant wrench activated or an approved equal. 15. Access: All portions of the buildings located on this project must be within 150’ of a paved surface as measured around the perimeter of the building as set forth in International Fire Code Section 503.1.1. SPECIALTY NEEDS/OTHER COMMENTS: Other Comments: Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. 5. REPUBLIC SERVICES 5.1 No comments received from this service provider. Meridian City Council Meeting Agenda November 7, 2018 – Page 207 of 520Meridian City Council Meeting Agenda January 2, 2019 – Page 239 of 576 Verado West – MDA AZ PP H-2018-0085 PAGE 30 6. PARKS DEPARTMENT 1. The project developer shall design and construct a multi-use pathway consistent with the location and specifications set forth in the Meridian Pathways Master Plan (Chapter 3). Any proposed adjustments to pathway alignment shall be coordinated through the Pathways Project Manager. 2. Prior to final approval, the applicant shall submit a public access easement for a multi-use pathway on the north side of the south slew, through subdivision common lot, to the Planning Division for Council approval and subsequent recordation. The easement shall be a minimum of 14’ wide (10’ pathway + 2’ shoulder each side). Use standard City template for public access easement. Easement checklist must accompany all easement submittals. 3. Prior to City Engineer signature on the final plat, the applicant shall depict a public access easement for the multi-use pathway(s) [described above] on the final plat. 4. Construct multi-use pathway per typical paving section(s) shown in the Meridian Pathways Master Plan Chapter 3. 5. The owner (or representative association) of the property affected by the public access easement shall have an ongoing obligation to maintain the multi-use pathway. 6. 6’ high open vision fencing shall be installed between pathways and (live) water irrigation canals and laterals as detailed in the Meridian Pathways Master Plan, Chapter 3, page 3-5. All other fence details per UDC 11-3A-7. 7. Prior to constructing any pathway within an existing irrigation district easement, the applicant shall first consult with the district having jurisdiction to obtain a License Agreement and/or other required approvals. 8. Should any discrepancy exist between City of Meridian pathway conditions of approval and the requirements of the irrigation district, the developer shall work with Pathways Project Manager to achieve a pathway design that meets both City and irrigation district objectives. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Site Specific Conditions of Approval 7.1.1 Dedicate right-of-way on Ustick Road to 2-feet behind the back of sidewalk, where it doesn’t already exist. 7.1.2 Dedicate right-of-way on Locust Grove Road abutting the site as follows: Dedicate 65-feet of right-of-way from centerline for the northernmost 100-feet of the site. The next 96-feet heading south should taper at an 8:1 ratio to 53-feet of right-of-way from centerline. The next 240-feet heading south should remain at 53-feet of right-of-way from centerline. The remainder of the site should taper down at a 50:1 ratio. 7.1.3 Replace any broken or deteriorated curb, gutter, or sidewalk on Ustick Road and Locust Grove Road abutting the site. 7.1.4 Construct Sharptail Street, Summermoon Avenue, Summerfield Way, Summerside Way and Chantilly Avenue as standard urban local streets, a 33-foot street section with rolled curb, gutter and 5-foot wide attached concrete sidewalk within 47-feet of right-of-way. 7.1.5 Construct Laugh Ridge Avenue, Ringneck Street, Stormy Drive and Summerbrook Avenue (shown in red) as reduced width local streets, a 27-foot street section, rolled curb, gutter and 5-foot wide attached concrete sidewalk within 41-feet of right-of-way. 7.1.6 Provide written fire department approval for use of the reduced width local street. Meridian City Council Meeting Agenda November 7, 2018 – Page 208 of 520Meridian City Council Meeting Agenda January 2, 2019 – Page 240 of 576 Verado West – MDA AZ PP H-2018-0085 PAGE 31 7.1.7 Install NO PARKING signs on the east side of Laugh Ridge Avenue, the north side of Ringneck Street, the south side of Stormy Drive and the west side of Summerbrook Avenue. 7.1.8 Close the existing driveways on Locust Grove Road with vertical curb, gutter and 7 -foot wide attached concrete sidewalk. 7.1.9 Construct bulb-outs at the intersection of Chantilly Avenue/Stormy Drive and Laugh Ridge Avenue/Sharptail Street. 7.1.10 Ustick Road is classified as a principal arterial roadway, Locust Grove Road is classified as a minor arterial roadway. Other than the access specifically approved with this application, direct lot access is prohibited to these roadways and shall be noted on the final plat. 7.1.11 Submit civil plans to ACHD Development Services for review and approval. The impact fee assessment will not be released until the civil plans are approved by ACHD. 7.1.12 Payment of impact fees is due prior to issuance of a building permit. 7.1.13 Comply with all Standard Conditions of Approval. 7.2 Standard Conditions of Approval 7.2.1 All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all easements). Any existing irrigation facilities shall be relocated outside of the ACHD right -of-way including all easements). 7.2.2 Private Utilities including sewer or water systems are prohibited from being located within the ACHD right-of-way. 7.2.3 In accordance with District policy, 7203.3, the applicant may be required to update any existing non- compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act ADA) requirements. The applicant’s engineer should provide documentation of ADA compliance to District Development Review staff for review. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 A license agreement and compliance with the District’s Tree Planter policy is required for all landscaping proposed within ACHD right-of-way or easement areas. 7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right -of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District’s Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.10 Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. Meridian City Council Meeting Agenda November 7, 2018 – Page 209 of 520Meridian City Council Meeting Agenda January 2, 2019 – Page 241 of 576 Verado West – MDA AZ PP H-2018-0085 PAGE 32 7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant’s authorized representative and an authorized representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 7.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a waiver/variance of the requirements or other legal relief is granted by the ACHD Commission. 8. CENTRAL DISTRICT HEALTH DEPARTMENT Meridian City Council Meeting Agenda November 7, 2018 – Page 210 of 520Meridian City Council Meeting Agenda January 2, 2019 – Page 242 of 576 Verado West – MDA AZ PP H-2018-0085 PAGE 33 9. COMPASS Meridian City Council Meeting Agenda November 7, 2018 – Page 211 of 520Meridian City Council Meeting Agenda January 2, 2019 – Page 243 of 576 Verado West – MDA AZ PP H-2018-0085 PAGE 34 10. DEPARTMENT OF ENVIRONMENTAL QUALITY 1. Air Quality Please review IDAPA 58.01.01 for all rules on Air Quality, especially those regarding fugitive dust (58.01.01.651), trade waste burning (58.01.01.600-617), and odor control plans ( 58.01.01. 776). The property owner, developer, and their contractor(s) must ensure that reasonable controls to prevent fugitive dust from becoming airborne are utilized during all phases of construction activities per IDAPA 58.01.01.651. Per IDAPA 58.01.01.600-617, the open burning of any construction waste is prohibited. The property owner, developer , and their contractor(s) are responsible for ensuring no prohibited open burning occurs during construction. For questions, contact David Luff , Air Quality Manager, at 373-0550. 2. Wastewater and Recycled Water DEQ recommends verifying that there is adequate sewer to serve this project prior to approval. Please contact the sewer provider for a capacity statement, declining balance report, and willingness to serve this project. IDAPA 58.01.16 and IDAPA 58.01.17 are the sections of Idaho rules regarding wastewater and recycled water. Please review these rules to determine whether this or future projects will require DEQ approval. IDAPA 58.01.03 is the section of Idaho rules regarding subsurface disposal of wastewater . Please review this rule to determine whether this or future projects will require permitting by the district health department. All projects for construction or modification of wastewater systems require preconstruction approval. Recycled water projects and subsurface disposal projects require separate permits as well. DEQ recommends that projects be served by existing approved wastewater collection systems or a centralized community wastewater system whenever possible. Please contact DEQ to discuss potential for development of a community treatment system along with best management practices for communities to protect ground water . DEQ recommends that cities and counties develop and use a comprehensive land use management plan, which includes the impacts of present and future wastewater management in this area. Please schedule a meeting with DEQ for further discussion and recommendations for plan development and implementation . For questions , contact Todd Crutcher, Engineering Manager , at 373-0550. 3. Drinking Water DEQ recommends verifying that there is adequate water to serve this project prior to approval. Please contact the water provider for a capacity statement , declining balance report, and willingness to serve this project. IDAPA 58.01.08 is the section of Idaho rules regarding public drinking water systems. Please review these rules to determine whether this or future projects will require DEQ approval. Meridian City Council Meeting Agenda November 7, 2018 – Page 212 of 520Meridian City Council Meeting Agenda January 2, 2019 – Page 244 of 576 Verado West – MDA AZ PP H-2018-0085 PAGE 35 All projects for construction or modification of public drinking water systems require preconstruction approval. DEQ recommends verifying if the current and/or proposed drinking water system is a regulated public drinking water system (refer to the DEQ website at http://www .deg. idaho .qov/water -quality/drinking-water .aspx ) . For non-regulated systems , DEQ recommends annual testing for total coliform bacteria, nitrate, and nitrite. If any private wells will be included in this project, we recommend that they be tested for total coliform bacteria, nitrate, and nitrite prior to use and retested annually thereafter. DEQ recommends using an existing drinking water system whenever possible or construction of a new community drinking water system. Please contact DEQ to discuss this project and to explore options to both best serve the future residents of this development and provide for protection of ground water resources . DEQ recommends cities and counties develop and use a comprehensive land use management plan which addresses the present and future needs of this area for adequate , safe, and sustainable drinking water. Please schedule a meeting with DEQ for further discussion and recommendations for plan development and implementation. For questions, contact Todd Crutcher, Engineering Manager at 373-0550. 4. Surface Water A DEQ short-term activity exemption (STAE) from this office is required if the project will involve de-watering of ground water during excavation and discharge back into surface water, including a description of the water treatment from this process to prevent excessive sediment and turbidity from entering surface water. Please contact DEQ to determine whether this project will require a National Pollution Discharge Elimination System (NPDES) Permit. If this project disturbs more than one acre, a stormwater permit from EPA may be required. If this project is near a source of surface water, DEQ requests that projects incorporate construction best management practices (BMPs) to assist in the protection of Idaho's water resources . Additionally , please contact DEQ to identify BMP alternatives and to determine whether this project is in an area with Total Maximum Daily Load stormwater permit conditions . The Idaho Stream Channel Protection Act requires a permit for most stream channel alterations . Please contact the Idaho Department of Water Resources (IDWR), Western Regional Office, at 2735 Airport Way, Boise, or call 208-334-2190 for more information . Information is also available on the IDWR website at: http:llwww .idwr idaho.gov/WaterManaqement!StreamsDams!Streams/AiterationPermit!AiterationPermit .htm The Federal Clean Water Act requires a permit for filling or dredging in waters of the United States. Please contact the US Army Corps of Engineers , Boise Field Office, at 10095 Emerald Street, Boise, or call 208-345-2155 for more information regarding permits . For questions , contact Lance Holloway , Surface Water Manager , at 373-0550. Meridian City Council Meeting Agenda November 7, 2018 – Page 213 of 520Meridian City Council Meeting Agenda January 2, 2019 – Page 245 of 576 Verado West – MDA AZ PP H-2018-0085 PAGE 36 5. Hazardous Waste And Ground Water Contamination Hazardous Waste. The types and number of requirements that must be complied with under the federal Resource Conservations and Recovery Act (RCRA) and the Idaho Rules and Standards for Hazardous Waste (IDAPA 58.01.05) are based on the quantity and type of waste generated. Every business in Idaho is required to track the volume of waste generated determine whether each type of waste is hazardous , and ensure that all wastes are properly disposed of according to federal, state, and local requirements. No trash or other solid waste shall be buried, burned , or otherwise disposed of at the project site. These disposal methods are regulated by various state regulations including Idaho 's Solid Waste Management Regulations and Standards , Rules and Regulations for Hazardous Waste, and Rules and Regulations for the Prevention of Air Pollution . Water Quality Standards. Site activities must comply with the Idaho Water Quality Standards (IDAPA 58.01.02) regarding hazardous and deleterious-materials storage, disposal, or accumulation adjacent to or in the immediate vicinity of state waters (IDAPA 58.01.02.800); and the cleanup and reporting of oil-filled electrical equipment (IDAPA 58.01.02.849); hazardous materials (IDAPA 58.01.02.850); and used -oil and petroleum releases (IDAPA 58.01.02.851 and 852). Petroleum releases must be reported to DEQ in accordance with IDAPA 58.01.02.851.01 and 04. Hazardous material releases to state waters, or to land such that there is likelihood that it will enter state waters , must be reported to DEQ in accordance with IDAPA 58.01.02.850. Ground Water Contamination. DEQ requests that this project comply with Idaho's Ground Water Quality Rules (IDAPA 58.01.11), which states that "No person shall cause or allow the release , spilling, leaking , emission, discharge , escape, leaching , or disposal of a contaminant into the environment in a manner that causes a ground water quality standard to be exceeded, injures a beneficial use of ground water, or is not in accordance with a permit , consent order or applicable best management practice , best available method or best practical method ." For questions, contact Albert Crawshaw, Waste & Remediation Manager, at 373-0550. 6. Additional Notes If an underground storage tank (UST) or an aboveground storage tank (AST) is identified at the site, the site should be evaluated to determine whether the UST is regulated by DEQ. EPA regulates ASTs. UST and AST sites should be assessed to determine whether there is potential soil and ground water contamination. Please call DEQ at 373-0550, or visit the DEQ website http://www.deq.idaho.gov/waste-mgmt- remediationlstorage-tanks.aspx) for assistance. If applicable to this project, DEQ recommends that BMPs be implemented for any of the following conditions: wash water from cleaning vehicles, fertilizers and pesticides, animal facilities, composted waste, and ponds. Please contact DEQ for more information on any of these conditions. We look forward to working with you in a proactive manner to address potential environmental impacts that may be within our regulatory authority. If you have any questions, please contact me, or any our technical staff at 208-373-0550. Meridian City Council Meeting Agenda November 7, 2018 – Page 214 of 520Meridian City Council Meeting Agenda January 2, 2019 – Page 246 of 576 Verado West – MDA AZ PP H-2018-0085 PAGE 37 11. IDAHO TRANSPORTATION DEPARTMENT Development Application H-2018-0085 MDA, AZ, PP Project Name VERADO WEST SUBDIVISION Project Location 3090 North Locust Grove Road , west of SH-55 milepost 38.89 Project Description Modification to the Development Agreement for Verado Subdivision to include the subject property in the agreement; an annexation and zoning of 19.44 acres of land with R-15 zoning and a preliminary plat consisting of 132 building lots and 18 common lots Applicant DevCo Development LLC The Idaho Transportation Department (ITD) reviewed the referenced development agreement modification, annexation, zoning, and preliminary applications and has the following comments: 1. This project does not abut the State highway system. 2. Due to the size and proximity of this development to SH-55, ITD requests documentation of trip generations for full site build-out and may require a Traffic Impact Study (TIS) . 3. The City is reminded that the SH-55 (Eagle Road) corridor is already congested . This project will increase the number of vehicle trips in the corridor. As the City continues to add additional trips to the corridor through development, the congestion will worsen until the roadway system is ultimately overloaded and fails. ITD has no current funding assigned to mitigate traffic congestion in the SH-55 Eagle Road) corridor in this area . 4. Idaho Code 40-1910 does not allow advertising within the right-of-way of any State highway. 5. IDAPA 39.03.60 governs advertising along the State highway system. The applicant may contact Justin Pond, Program Manager for ITD's Headquarters Right-of-Way Section at (208) 334-8832 for more information. 6. ITD objects to the proposed application due to traffic concerns. ITD will withdraw any objection to the proposed application once all traffic concerns have been addressed with ITD Staff. If you have any questions, you may contact Tom Haynes at (208) 334-8944 or me at (208) 332-7190. Sincerely, Ken Couch Development Services Coordinator Ken.Couch@itd.idaho.gov Meridian City Council Meeting Agenda November 7, 2018 – Page 215 of 520Meridian City Council Meeting Agenda January 2, 2019 – Page 247 of 576 2 - C. Legal Description & Exhibit Map for Annexation & Zoning Boundary Meridian City Council Meeting Agenda November 7, 2018 – Page 216 of 520Meridian City Council Meeting Agenda January 2, 2019 – Page 248 of 576 3 - Meridian City Council Meeting Agenda November 7, 2018 – Page 217 of 520Meridian City Council Meeting Agenda January 2, 2019 – Page 249 of 576 4 - D. Required Findings from Unified Development Code 1. Annexation and Rezone Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Applicant proposes to annex and zone 19.44 acres of land for the development of single-family attached and detached homes at a gross density of 7.6 7.38 units per acre which the City Council finds is consistent with the MDR FLUM designation in the Comprehensive Plan. (See section VII above for more information.) b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds that the proposed map amendment to the R-15 zoning district is consistent with the purpose statement for the residential districts as detailed in Section VIII above. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds that the proposed map amendment will not be detrimental to the public health, safety, or welfare based on testimony and discussion at the public hearing. City utilities will be extended at the expense of the developer. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The City Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-5B-3.E). The City Council finds annexing the subject 19.44 acre property is in the best interest of the City if the developer complies with the development agreement provisions and conditions of approval in this report. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; The City Council finds that the proposed plat is in conformance with the Comprehensive plan if the site is developed in accord with the conditions of approval in Exhibit B. (Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more information.) b. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds that public services are available and are adequate to serve the proposed development. (See Exhibit B of the Staff Report for more details from public service providers.) Meridian City Council Meeting Agenda November 7, 2018 – Page 218 of 520Meridian City Council Meeting Agenda January 2, 2019 – Page 250 of 576 5 - c. The plat is in conformance with scheduled public improvements in accord with the City’s capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, the City Council finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; Based on comments from public service providers in Exhibit B, the City Council finds there is public financial capability of supporting services for the proposed development. (See Exhibit B for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and The City Council finds the proposed development will not be detrimental to the public health, safety or general welfare based on testimony provided at the public hearing. ACHD considers road safety issues in their analysis. f. The development preserves significant natural, scenic or historic features. The City Council is unaware of any significant natural, scenic or historic features that exist on this site that need to be preserved. Meridian City Council Meeting Agenda November 7, 2018 – Page 219 of 520Meridian City Council Meeting Agenda January 2, 2019 – Page 251 of 576 City Council Meeting Agenda January 2, 2019 Agenda Item Number: 6 K Project File Number: Item Title: Dog License Designee Agreement Request: Meeting Notes: Between Pet Care Clinic and City of Meridian c✓ I TEM SHEET C ouncil Agenda I tem - 6.K . Presenter: Estimated Time f or P resentation: Title of I tem - D og L icense D esignee Agreement between Pet Care Clinic and City of M eridian C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate A greement A greements / C ontracts 12/17/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.B aird, Ted Approved 12/26/2018 - 3:53 P M Clerk.Coles, C.J ay Approved 12/28/2018 - 11:45 A M Meridian City Council Meeting Agenda January 2, 2019 – Page 252 of 576 E IIIA - DOG LICENSING DESIGNEE AGREEMENT This DOG LICENSING DESIGNEE AGREEMENT is made this 2 r� day of (� Y , 20, by and between the City of Meridian, a municipal corporation organized u • the laws of tjj�ie State of Idaho, hereinafter referred to as "City," 33 East Idaho Avenue, Meridian, Idaho 83642, and Pet Care Clinic, hereinafter referred to as "Licensing Designee," whose business address is 1151 E. Fairview Avenue, Meridian, Idaho 83642. A. Purpose of Agreement: The purpose of this Agreement is to set forth the rights and obligations of City and of Licensing Designee with reference to Licensing Designee's issuance of dog licenses on City's behalf. By entering into this agreement, both parties seek to; 1) encourage and facilitate the licensing of all dogs within the City of Meridian; and 2) implement the provisions of Meridian City Code section 6-2-3(D). B. Time of Performance: This agreement shall be effective from January 1, 2019 to December 31, 2019. C. Designation of authority: City hereby authorizes and empowers Licensing Designee to issue dog licenses on behalf of City in accordance with all applicable provisions of Meridian City Code. D. Responsibilities of Licensing Designee: 1. Issuance of dog licenses: Licensing Designee shall issue dog licenses only after verification of compliance with all provisions of Meridian City Code section 6-2-3(A)(2), including, but not limited to; a. Verification that the owner of any dog to be licensed is eligible for the license fee sought to be paid, i.e., whether dog to be licensed is neutered or spayed; whether dog owner/user is visually or hearing impaired or disabled; whether dog owner is training such dog as seeing eye, hearing ear, or guide dog; and/or whether replacement license tag will indeed replace validly issued, lost tag. b. Collection of appropriate license fee. 2. Rabies education. Licensing Designee shall provide to each dog owner to whom a dog license is issued written information regarding the importance of vaccinating dogs against rabies. 2019 DOG LICENSING DESIGNEE AGREEMENT N PAGE 1 OF 5 Meridian City Council Meeting Agenda January 2, 2019 – Page 254 of 576 Meridian City Council Meeting Agenda January 2, 2019 – Page 255 of 576 Meridian City Council Meeting Agenda January 2, 2019 – Page 256 of 576 S. 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, T. Approval required: This Agreement shall not become effective or binding until approved by City. LICENSING DESIGNEE: PET CARE CLINIC Designee's Si re Print Naive CITY OF MERID!AN BY; Tammy de ee d, Mayor Attest; Clay Coles, ity Cle 14? 'm 00 Z �(itN.y of VIE IDIS IA -,q- IDAHO SEAL` 2019 DOG LICENSING DESIGNEE AGREEMENT N PAGE 5 OF 5 City Council Meeting Agenda January 2, 2019 Agenda Item Number: 6 L Project File Number: Item Title: Dog License Designee Agreement Request: Meeting Notes: Between Meridian Canine Rescue and City of Meridian �S�I I TEM SHEET C ouncil Agenda I tem - 6.L . Presenter: Estimated Time f or P resentation: Title of I tem - D og L icense D esignee Agreement between M eridian C anine Rescue and C ity of M eridian C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate A greement A greements / C ontracts 12/24/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.B aird, Ted Approved 12/26/2018 - 3:53 P M Clerk.Coles, C.J ay Approved 12/28/2018 - 11:45 A M Meridian City Council Meeting Agenda January 2, 2019 – Page 258 of 576 IDIAN*.-- Wo DOG LICENSING DESIGNEE AGREEMENT This DOG LICENSING DESIGNEE AGREEMENT is made this - t1k day of 20 j , by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "City," 33 East Idaho Avenue, Meridian, Idaho 83642, and Meridian Canine Rescue, hereinafter referred to as Licensing Designee," whose business address is 501 E Scenery Lane, Meridian, Idaho, 83642. A. Purpose of Agreement: The purpose of this Agreement is to set forth the rights and obligations of City and of Licensing Designee with reference to Licensing Designee's issuance of dog licenses on City's behalf. By entering into this agreement, both parties seek to: 1) encourage and facilitate the licensing of all dogs within the City of Meridian; and 2) implement the provisions of Meridian City Code section 6-2-3(D). B. Time of Performance: This agreement shall be effective from January 1, 2019 to December 31, 2019. C. Designation of authority: City hereby authorizes and empowers Licensing Designee to issue dog licenses on behalf of City in accordance with all applicable provisions of Meridian City Code. D. Responsibilities of Licensing Designee: 1. Issuance of dog licenses: Licensing Designee shall issue dog licenses only after verification of compliance with all provisions of Meridian City Code section 6-2-3(A)(2), including, but not limited to: a. Verification that the owner of any dog to be licensed is eligible for the license fee sought to be paid, i.e., whether dog to be licensed is neutered or spayed; whether dog owner/user is visually or hearing impaired or disabled; whether dog owner is training such dog as seeing eye, hearing ear, or guide dog; and/or whether replacement license tag will indeed replace validly issued, lost tag. b. Collection of appropriate license fee. 2. Rabies education. Licensing Designee shall provide to each dog owner to whom a dog license is issued written information regarding the importance of vaccinating dogs against rabies. 2019 DOG LICENSING DESIGNEE AGREEMENT • PAGE 1 OF 5 Meridian City Council Meeting Agenda January 2, 2019 – Page 259 of 576 2019 DOG LICENSING DESIGNEE AGREEMENT PAGE 2 OF 5 3. Official log: Licensing Designee shall keep an official, monthly, written log of all dog licenses issued by Licensing Designee on the form provided by City, and shall keep such written log complete and current at all times. 4. Administrative fee: City hereby authorizes Licensing Designee to collect and keep an administrative fee of fifty percent (50%) of the amount of each dog license fee collected on City’s behalf. 5. Monthly submission to City Clerk: At the end of each month during the term of this Agreement, Licensing Designee shall submit to the Meridian City Clerk: a. All dog license fees collected by Licensing Designee on City’s behalf; and b. A true and correct copy of the Licensing Designee’s monthly log, completed in full. Such fees and log shall be submitted to the Meridian City Clerk no later than the tenth 10th) day of the month following the month for which the fees were collected and the monthly log completed. 6. Remission of discrepancy: If, following the Meridian City Clerk’s review and accounting of Licensing Designee’s issuance of dog licenses, the Meridian City Clerk notifies Licensing Designee of a discrepancy in fees collected and data reported by Licensing Designee in the log or quantity of unissued tags, Licensing Designee shall remit to City funds in the amount of such discrepancy. Licensing Designee’s obligation to remit to City funds in an amount corresponding to the number and type of dog licenses issued and the number of unissued dog license tags returned to City shall not be excused for any reason, regardless of Licensing Designee’s assertion of loss, theft, misplacement, mistake, or mismanagement of fees, tags, and/or data. E. Responsibilities of City: 1. Provision of dog license tags: City shall provide dog license tags to Licensing Designee. 2. Monthly accounting: In the event of a discrepancy between the log, fees remitted, and/or unissued tags, the Meridian City Clerk shall notify Licensing Designee in writing and Licensing Designee shall remit to City funds in the amount of the discrepancy. 3. Annual accounting: The Meridian City Clerk shall conduct an annual audit to determine that the fees remitted correspond to the number and type of dog license tags issued by the designee according to the designee’s logs. In the event of a discrepancy between the logs, fees remitted, and/or unissued tags, the Meridian City Clerk shall notify Licensing Designee in writing and Licensing Designee shall remit to City funds in the amount of the discrepancy. Meridian City Council Meeting Agenda January 2, 2019 – Page 260 of 576 2019 DOG LICENSING DESIGNEE AGREEMENT PAGE 3 OF 5 F. Independent Contractor: In all matters pertaining to this agreement, Licensing Designee shall be acting as an independent contractor, and neither Licensing Designee, nor any officer, employee or agent of Licensing Designee, will be deemed an employee of City. The selection and designation of the personnel of City in the performance of this agreement shall be made by City. G. Hold Harmless: In all matters pertaining to this Agreement, Licensing Designee shall save and hold harmless City from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and/or losses and expenses caused or incurred by Licensing Designee, its servants, agents, employees, guests, and business invitees in the course of implementing the terms of this Agreement, and not caused by or arising out of the tortious conduct of City or its employees. H. 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, addressed to City as follows: City Clerk, City of Meridian, 33 E. Idaho Avenue, Meridian, Idaho 83642, or to Licensing Designee as follows: Meridian Canine Rescue, 501 E Scenery Lane, Meridian, Idaho 83462 Either party may change its address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. I. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys’ fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. J. Assignment: It is expressly agreed and understood by the parties hereto, that Licensing Designee shall not have the right to assign, transfer, hypothecate, subcontract, or sell any of its rights or responsibilities under this Agreement except upon the prior express written consent of City. K. Discrimination Prohibited: In performing the Services set forth herein, Licensing Designee shall not discriminate against any person on the basis of race, color, religion, sexual orientation or gender identity, national origin or ancestry, age or disability. L. Reports and Information: 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. M. Audits and Inspections: At any time during business hours and as often as the City may deem necessary, there shall be made available to the City for examination all of Licensing Designee’s records with respect to all matters covered by this Agreement. Meridian City Council Meeting Agenda January 2, 2019 – Page 261 of 576 2019 DOG LICENSING DESIGNEE AGREEMENT PAGE 4 OF 5 N. Compliance with Laws: In performing the scope of services required hereunder, Licensing Designee shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. O. Changes: Proposed changes to any portion of this Agreement shall be submitted in writing. The party to whom the change is proposed shall have thirty (30) days to accept or reject the proposed change. Changes which are mutually agreed upon by and between the City and Licensing Designee shall be incorporated into this Agreement by written amendment signed by both parties. P. Termination: 1. Written notice: If, through any cause, Licensing Designee, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the Meridian 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 Licensing Designee at least fifteen (15) calendar days written notice. Licensing Designee may terminate this agreement at any time by giving at least fifteen (15) calendar days written notice to City. 2. Remittance to City: In the event of any termination of this Agreement, all finished or documents, data, and reports prepared by Licensing Designee pursuant to Meridian City Code and/or under this Agreement, completed or incomplete, shall, at the option of the City, become its property, and Licensing Designee shall remit to City all licensing fees collected by Licensing Designee on City’s behalf and all unissued dog license tags. Upon such remittance following termination, the Meridian City Clerk shall conduct an accounting(s) as set forth in sections E(2) and E(3) of this Agreement, and Licensing Designee shall remit to City funds in the amount of the discrepancy. Licensing Designee shall not thereby be relieved of liability to the City for damages sustained by the City by virtue of any breach of this Agreement by Licensing Designee. This provision shall survive the termination of this agreement and shall not relieve Licensing Designee of its liability to the City for damages. Q. Construction and severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. R. Entire agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. Meridian City Council Meeting Agenda January 2, 2019 – Page 262 of 576 S. 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. T. Approval required: This Agreement shall not become effective or binding until approved by City. LICENSING DESIGNEE: Meridian Canine Rescue Desi ee's Signature BY: jmi'ok' V"); Print Name CITY OF MERI BY: Tammy de We6d, Mayor Attest: J C y Coles, ki4 Clerk 2019 DOG LICENSING DESIGNEE AGREEMENT 0 PAGE 5 OF 5 QOM;j ED AUGUST' Is z city of &VIF, IDA 0 IDAHO SEAL City Council Meeting Agenda January 2, 2019 Agenda Item Number: 6 M Project File Number: Item Title: Award of Agreement to Accept Payment in Lieu of Installing Streetlights at Bountiful Commons Subdivision. Request: Meeting Notes: c,✓ I TEM SHEET C ouncil Agenda I tem - 6.M. Presenter: Estimated Time f or P resentation: Consent Title of I tem - Agreement to Accept P ayment in L ieu of Installing Str eetlights at Bountiful C ommons S ubdivision O ne o f the s ite s p ecific c o nditions of ap p ro val fo r the Bountiful C o mmo ns S ubd ivis ion was to provid e sufficient funds fo r the installation of s treet lighting alo ng N. Lind er R oad. T he street lights will be ins talled once an up coming ro ad way wid ening p rojec t is c o mp leted. P urs uant to the attac hed agreement with T MEG P roperties , L L C , the C ity will ac c ept the es timated amount of $18,950.00, required to ins tall three s treet lights on N. Lind er R oad. T hes e funds will be us ed to install the lights after the completio n o f the N. Lind er R oad widening projec t. T ME G P ro p erties , LLC is in favor o f this s o lutio n and has signed the attac hed agreement. C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate Memo and A greement Cover Memo 12/27/2018 RE V I E WE RS : Department Reviewer Action D ate P ublic Works.Coles, C.J ay Approved 12/27/2018 - 10:50 A M P ublic Works.B aird, Ted Approved 12/27/2018 - 1:44 P M P ublic Works.Watts, K eith Approved 12/27/2018 - 3:59 P M Meridian City Council Meeting Agenda January 2, 2019 – Page 264 of 576 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 a n u a r y 2 , 2 0 1 9 – P a g e 2 6 5 o f 5 7 6 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 a n u a r y 2 , 2 0 1 9 – P a g e 2 6 6 o f 5 7 6 AGREEMENT TO ACCEPT PAYMENT IN LIEU OF INSTALLING STREETLIGHT . AT BOUNTIFUL COMMONS SUBDIVISION r� hol 3a►'� QQi 2-019 THIS AGREEMENT for streetlight installation, made this day of- Dec:embeF,-2e±&between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho (hereinafter "City"), and TMEG Properties, LLC, 74 East 500 South, Suite 200, Bountiful, UT 84010 (hereinafter "TMEG"). WHEREAS, TMEG has received from City, conditional approval of the Final Plat for the Bountiful Commons Subdivision, Case No. FP H-2018-0084; and, WHEREAS, One of the Site Specific Conditions of Approval of City's approval of FP H-2018- 0084 is to install street lights on all public roadways per the City of Meridian Improvement Standards for Street Lighting; and, WHEREAS, TMEG is currently unable to install the required streetlights on N. Linder Road in front of the Bountiful Commons Subdivision because N. Linder Road has not been built out to its ultimate width; and, WHEREAS, once the N. Linder Road is widened, City is willing to install the required streetlights if TMEG has paid to City the estimated amount necessary to install the streetlight. NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. TMEG shall pay to City the amount of $18,950.00 as the amount necessary to supply and install three (3) type 1 streetlights. 2. City agrees to accept the amount set forth in Article 1 in lieu of requiring TMEG to install the three (3) streetlights on N. Linder Road in front of the Subdivision. 3. Upon payment of the amount in Article 1 by TMEG to City, TMEG's requirement to install the three (3) streetlights on N. Linder Road shall be considered satisfied. 4. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their heirs, successors and assigns, and shall survive any transfer by TMEG of TMEG's Property, IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers the day and year first above written. TMEG Properties, LLC. By: 1 Trevor Gassor, R gistered Agent CITY OF MERIDIAN B ZydTame erd Mayor City Council Meeting Agenda January 2, 2019 Agenda Item Number: 6 N Project File Number: Item Title: Award of Agreement to Trane U.S., Inc. "Chiller R'Newal Services" to refurbish the City Hall Chiller for a Not -to -Exceed amount of $63,585.88. Request: Meeting Notes: c✓ I TEM SHEET C ouncil Agenda I tem - 6.N. Presenter: Consent Estimated Time f or P resentation: Consent Title of I tem - Award of Agreement to T rane U.S., Inc. “C hiller R’Newal S ervices” to refurbish the C ity Hall C hiller for a Not-To-E xceed amount of $63,585.88 C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate Council Memo Cover Memo 12/26/2018 Contract C hecklist Cover Memo 12/26/2018 S ervice Contract Cover Memo 12/26/2018 RE V I E WE RS : Department Reviewer Action D ate F inance.Coles, C.J ay Approved 12/27/2018 - 5:05 P M F inance.B aird, Ted Approved 12/27/2018 - 5:08 P M Meridian City Council Meeting Agenda January 2, 2019 – Page 268 of 576 Page 1 Memo To: C. Jay Coles, City Clerk From: Keith Watts, Purchasing Manager CC: Max Jensen Date: 12/26/2018 Re: January 2 nd City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the January 2 nd City Council Consent Agenda for Council’s consideration. Award of Agreement to Trane U.S., Inc. “Chiller R’Newal Services” to refurbish the City Hall Chiller for a Not-To-Exceed amount of $63,585.88. Recommended Council Action: Award of Service Agreement to Trane U.S., Inc. for the Not-To-Exceed amount of $63,585.88. Thank you for your consideration. City of Meridian Purchasing Dept. Meridian City Council Meeting Agenda January 2, 2019 – Page 269 of 576 CONTRACT CHECKLIST Date: REQUESTING DEPARTMENT Project Name: Project Manager: Contract Amount: Contractor/Consultant/Design Engineer: Is this a change order? Yes No Change Order No. Fund: Budget Available ( Purchasing attach report ): Department Yes No Construction GL Account FY Budget: Task Order Project Number: Enhancement: Yes No Professional Service Equipment Will the project cross fiscal years? Yes No Grant Grant #: Wage Determination Received Wage Verification 10 Days prior to bid due date Debarment Status (Federal Funded) Print and Attach the determination Print, attach and amend bid by addendum (if changed) www.sam.gov Print and attach Master Agreement Category (Bid Results Attached) Yes No (Ratings Attached) Yes No Date MSA Roster Approved: Typical Award Yes No If no please state circumstances and conclusion: Date Award Posted: 7 day protest period ends: PW License Expiration Date: Corporation Status Insurance Certificates Received (Date): Expiration Date: Rating: Payment and Performance Bonds Received (Date): Rating: Builders Risk Ins. Req'd: Yes No (Only applicabale for projects above $1,000,000) Reason Consultant Selected 1 Performance on past projects Check all that apply Quality of work On Budget On Time Accuracy of Construction Est 2 Qualified Personnel 3 Availability of personnel 4 Local of personnel Description of negotiation process and fee evaluation: Date Submitted to Clerk for Agenda: By: Purchase Order No.: Date Issued: WH5 submitted (Only for PW Construction Projects) NTP Date: Contract Request Checklist.5.24.2016.Final $53,586 Max Jensen If yes, has policy been purchased? III. Contract Type II. BUDGET INFORMATION (Project Manager to Complete) 1 1850 53100 TASK ORDER RFP / RFQ BID to have the factory refurbish the equipment. VII. TASK ORDER SELECTION (Project Manager to Complete) Award based on Low Bid Highest Ranked Vendor Selected VIII. AWARD INFORMATION Approval Date Enter Supervisor Name Date Approved December 26, 2018 I. PROJECT INFORMATION N/A 19 12/26/2018 BUILDING MAINTENANCE City Hall Chiller Refurbishing V. BASIS OF AWARD N/A N/A IV. GRANT INFORMATION - to be completed only on Grant funded projects VI. CONTRACTOR / CONSULTANT REQUIRED INFORMATION Informal sole source as it has been confirmed with that the only wat to maintain the warranty with the chiller is N/A N/A N/A N/A Good Standing N/A N/A Meridian City Council Meeting Agenda January 2, 2019 – Page 270 of 576 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 a n u a r y 2 , 2 0 1 9 – P a g e 2 7 1 o f 5 7 6 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 a n u a r y 2 , 2 0 1 9 – P a g e 2 7 2 o f 5 7 6 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 a n u a r y 2 , 2 0 1 9 – P a g e 2 7 3 o f 5 7 6 Eric Jensen Meridian City of 33 East Broadway Ave MERIDIAN, ID 83642 Meridan City Hall RTAC R'Newal Proposal ID: 2263516 gyp r -- I LET'S GO BEYOND TM Igo, Site Address: Meridian City Hall 33 East Broadway Avenue MERIDIAN, ID 83642 United States Total Price: ........................................................ 63,585.88 USD Clarifications 1. Price does not include applicable sales taxes, which will be added and reflected in the invoice(s). 2. Any service not listed is not included. 3. Work will be performed during normal Trane business hours. I appreciate the opportunity to earn your business, and look forward to helping you with all of your service needs. Please contact me if you have any questions or concerns. In addition to any other amounts then due hereunder, if this Agreement is terminated or cancelled prior to its scheduled expiration, Customer shall pay to Company the balance of any amounts billed to but unpaid by Customer and, if a "Service Project" is included in the Agreement, the Cancellation Fee set forth in "Exhibit A" Cancellation Schedule attached hereto and incorporated herein, which Cancellation Fee represents unbilled labor, non -labor expenses and parts materials and components. Subject only to a prior written agreement signed by Trane, payment is due upon receipt of invoice in accordance with Section 6 of the attached Terms and Conditions — Quoted Service. This proposal is valid 120 days from November 2, 2018. This Agreement is subject to Customer's acceptance of the attached Trane Terms and Conditions — Quoted Service. Authorized I _Tam Printed Name --' G w ov-- Title Purchase Order Acceptance Date Submitted By: Jim Miller Proposal Date: November 2, 2018 Cell: (208) 258-1503 Office: License Number: Authorized Representative Title Signature Date ©2018 Trane All rights reserved Page 3 of 6 Trane R'newal 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 a n u a r y 2 , 2 0 1 9 – P a g e 2 7 5 o f 5 7 6 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 a n u a r y 2 , 2 0 1 9 – P a g e 2 7 6 o f 5 7 6 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 a n u a r y 2 , 2 0 1 9 – P a g e 2 7 7 o f 5 7 6 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 a n u a r y 2 , 2 0 1 9 – P a g e 2 7 8 o f 5 7 6 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 a n u a r y 2 , 2 0 1 9 – P a g e 2 7 9 o f 5 7 6 City Council Meeting Agenda January 2, 2019 Agenda Item Number: 6 O Project File Number: Item Title: Approval of Bid Results and Award of AIA 132 Agreements Meeting Notes: To the prime contractors for the "Discovery Park Maintenance Shop" to multiple contractors per the schedule below for a Not -To -Exceed total amount of $264,908.00 BP1 - Lurre Construction, Inc. $ 36,950.00 BP2 - Walker Fox Brick & Block, Inc. $ 62,850.00 BP3 - Leighton Enterprises, Inc. $ 34,095.00 BP4 - Signature Roofing $ 47,400.00 BP5 - D&A Door & Specialties, Inc. $ 9,640.00 BP6 - Overhead Door, Inc. $ 9,075.00 BP7 - Precision Steel & Gypsum, Inc. $ 11,400.00 BP8 - David Epley & Associates, Inc. $ 6,125.00 BP9 - DeBest Plumbing, Inc. $ 2,650.00 BP10 - TVR, Inc. $ 10,800.00 BP11 - Mountain Power Elec. Contractors $ 33,923.00 c✓ I TEM SHEET C ouncil Agenda I tem - 6.O. Presenter: Consent Estimated Time f or P resentation: Consent Title of I tem - Approval of Bid Results and Award of AI A 132 Agreements to the prime contractors for the “Discovery P ark M aintenance S hop” to multiple contractors per the schedule below for a Not-To-E xceed total amount of $264,908.00 C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate Council Memo Cover Memo 12/27/2018 B id Results Cover Memo 12/27/2018 B P 1 Agreement with L urre Construction Cover Memo 12/27/2018 B P 2 Agreement with Walker F ox Cover Memo 12/27/2018 B P 3 Agremeent with L eighton E nterprises Cover Memo 12/27/2018 B P 4 Agreement with S ignature R oof ing Cover Memo 12/27/2018 B P 5 Agreement with D&A Door Cover Memo 12/27/2018 B P 6 Agreement with Overhead Door Cover Memo 12/27/2018 B P 7 Agreement with P recision S teel & G ypsum Cover Memo 12/27/2018 B P 8 Agreement with David E pley & A ssociates Cover Memo 12/27/2018 B P 9 Agreement with DeB est P lumbing Cover Memo 12/27/2018 B P 10 A greement with T V R, I nc.Cover Memo 12/27/2018 B P 11 Agreement with Mountain P ower Cover Memo 12/27/2018 A 232 General C onditions Cover Memo 12/27/2018 S upplementals to the A232 Cover Memo 12/27/2018 RE V I E WE RS : Department Reviewer Action D ate F inance.Coles, C.J ay Approved 12/27/2018 - 5:02 P M F inance.B aird, Ted Approved 12/27/2018 - 5:08 P M Meridian City Council Meeting Agenda January 2, 2019 – Page 281 of 576 Page 1 Memo To: CJ Coles, City Clerk, From: Keith Watts, Purchasing Manager CC: Mike Barton, Steve Siddoway Date: 12/27/18 Re: January 2nd City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the January 2nd City Council Consent Agenda. Approval of Bid Results and Award of AIA 132 Agreements to the prime contractors for the “Discover Park Maintenance Shop” to multiple contractors per the schedule below for a Not-To-Exceed total amount of $264,908.00. These awards are the result of the Formal IFB issued November 23, 2018 and opened December 13 th . Thirteen bids were received for the eleven different bid packages. BP1 – Lurre Construction, Inc. $ 36,950.00 BP2 – Walker Fox Brick & Block, Inc. $ 62,850.00 BP3 – Leighton Enterprises, Inc. $ 34,095.00 BP4 – Signature Roofing $ 47,400.00 BP5 – D&A Door & Specialties, Inc. $ 9,640.00 BP6 – Overhead Door, Inc. $ 9,075.00 BP7 – Precision Steel & Gypsum, Inc. $ 11,400.00 BP8 – David Epley & Associates, Inc. $ 6,125.00 BP9 – DeBest Plumbing, Inc. $ 2,650.00 BP10 – TVR, Inc. $ 10,800.00 BP11 – Mountain Power Elec. Contractors $ 33,923.00 Recommended Council Action: Award of 11 Bids and approval of 11 AIA A132 Agreements to the low bidders for an overall total of $264,908.00. Thank you for your consideration. City of Meridian Purchasing Dept. Meridian City Council Meeting Agenda January 2, 2019 – Page 282 of 576 BP BIDDER AD D E N D U M 1 AD D E N D U M 2 BI D B O N D / B I D S E C U R I T Y BA S E B I D 1 Lurre Construction, Inc. x x x 36,950.00 $ 2 Walker Fox Brick and Block, Inc. x x x 62,850.00 $ 3 Leighton Enterprises, Inc. x x x 34,095.00 $ 4 Cano Roofing, Inc. dba Signature Roofing x x x 47,400.00 $ 5 D & A Door and Specialties, Inc. x x x 9,640.00 $ 6 Overhead Door, Inc. x x x 9,075.00 $ 7 Precision Steel & Gypsum, Inc. x x x 11,400.00 $ 8 David Epley & Associates, Inc. x x x 6,125.00 $ 9 DeBest Plumbing, Inc. x x x 2,650.00 $ 10 TVR, Inc. x x x 10,800.00 $ 11 KKP Electrical Contractors, LLC dba Mountain Power Electrical Contractors x x x 33,923.00 $ DISCOVERY PARK SHOP BUILDING BID ABSTRACT MERIDIAN, IDAHO LOW BIDDERS - BASE BID CITY OF MERIDIAN 264,908.00 $ Total Base Meridian City Council Meeting Agenda January 2, 2019 – Page 283 of 576 Standard Form of Agreement Between Owner and Contractor,Construction Manager as Adviser Edition Bid Package No. 1 - Concrete AGREEMENT made as of the Fourteenth day of December in the year Two Thousand Eighteen (In words, indicate day, month and year.) BETWEEN the Owner: (Name, legal status, address and other information) City of Meridian 33 East Broadway Avenue Meridian,Idaho 83642 and the Contractor: (Name, legal status, address and other information) Lurre Construction, Inc. 307 Badiola Street, Caldwell,Idaho 83605 Telephone Number: 208 -4 59 -8624 Fax Number: 208459 -9661 for the following Project: (Name, location and detailed description) City of Meridian - Discovery Park Shop Building 2121East Lake Hazel Road in Meridian, Idaho 83642 The work involves construction of a new 2,240 SF shop building The Construction Manager: (Name, legal status, address and other information) Kreizenbeck, LLC DBA Kreizenbeck Constructors 11724 West Executive Drive, Boise, Idaho 83713 Telephone Number: (208) 336-9500 Fax Number: (208) 336-7 444 ADDITIOT{S 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 Repoft lhal 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 consequenoes. Consultation with an attomey is encouraged with respect to its completion or modification. This document is intended to be used in conjunction with AIA Documents A232 ru-2009, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition; 8132il-2009, Standard Form of Agreement Between ollrner and Architect, Construction Manager as Adviser Edition; and Cl 32il-2009, Standard Form of Agreement Between O,vner and Construction Manager as Adviser. AIA Document A232il-2009 is adopted in this document by reference. Do not use with other general conditions unless this document is modified.The Architect: (Name, legal status, address and other information) Insight Architects, P.A. 2238 S. Broadway Avenue, Boise, Idaho 83706 Telephone Number: 208-33 8-9080 The Owner and Contractor agree as follows. AIA Documerit A132il - 2000 (formcrly Al0l rct. - 1002). Copyright @ 1975, 1980, 1992 and 20Og by The American lnstituta of Architects. All rlght3 ru8.rv6d. WARNTNG: This AlAo Documcnt l! protect d by U.S. Copydghf Law and lntematlonal Treatles. Unauthorized reproductioa or dlsbibution of this AlAo Document, or any portlon of it, may rcruh ln scvero clvll and crlmlnal penaltics, and will be procccutod to th6 marlmum extent poasible und6r the law. This document was producod by AIA soft^rars at I 1 :05:36 MT on 12117nO18 undel Order No. 8449633179 whidr expires on 12nU2019, end is not for r6sale. Urcr Notcr: (3B9ADA5E) 1 lnit. i Meridian City Council Meeting Agenda January 2, 2019 – Page 284 of 576 I rmLE oF ARTTcLES I THE CONTRACT DOCU]UIENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COTPLETION 4 CONTRACTSUil 5 PAYi'ENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 illscELr-ANEOUS PROVTSIONS 9 ENUMERATIOT{ OF CONTRACT DOCUMENTS I(l INSURANCE AND BONDS I lPorogroph Deleted) ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement, all of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract, together with the performance bond and payment bond, if any, represent the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Confiact Documents, other than Modifications, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. Contract Requirements: Provide all labor, material, and equipment required to complete the building and site concrete as noted on the drawings and per the following: This contract specifically includes but is not limited to: r Provide all labor, formwork, concrete material, and misc. concrete accessories to form, place, strip and hnish concrete footings, foundation walls, slabs on grade, and exterior concrete slabs as shown on the construction documents. r Furnish and install all concrete reinforcing steel. . Provide all add mixtures and additives for concrete as required and as weather conditions dictate for your work. o Include covering exposed subgrade and concrete with insulated blankets, ifrequired. r Complete bituminous dampproohng. (if applicable) o Provide and install foundation insulation and vapor barrier below slab-on-grade.o Fumish and install miscellaneous concrete accessories where indicated. o Include caulking ofall concretejoints as indicated. o Sawcutting joints as shown in the construction documents. o Include curing of all concrete slabs at the time of concrete placement. e Drilling and epoxy as required to complete all work as noted above. AIA Docum.nt 4132il - 2000 (tom.rly A10l ilCte - 1992). Copyright @ 1975, 1980, 1992 and 2009 by The American lmtitute of Architscts. All rlghtl E..tY.d, WARNING: Thls Al,A' Docum.nt l. protccl.d by U.S. Copyriglrt Law and lnbmetional Trratl6. Uneuthorlzcd reproductlon or dlstrlbutlon of 2thit AIA' Documont or any portlon of lt, may rr3ult ln lovcra civil and criminal pcnaltlcs, and wlll b. prosacutcd to th. marlmum axtont pos.lbl. under the lew. This document was pioduced by AIA sofrrxare at l1:05:36 MT on 12117D018 under Order No. 8449633179 sfiich expires on 12t28120'lg, and is not br resale. U!.. Not.r: (3B9ADASE) lnit. I Meridian City Council Meeting Agenda January 2, 2019 – Page 285 of 576 o Provide and install steel pipe bollards where indicated. r Provide all suweying and layout as required to complete this scope of work. This includes bench mark, building comers and gridlines. . All construction shall follow OSHA standards and requirements. o Contractors Warranty (standard warranty) on the project is 2 years (minimum) from the date of final acceptance in lieu of the I year as indicated in the project manual. Refer to the Supplementary General Conditions included in the bid book. Extended warranties will be as noted in the contract documents. o Per Addendum No 2 - Include installation of(2) coats concrete sealer / hardener as specified. This contract specilically excludes: r Gravel base and structural fill r Excavation, backhll and compaction for concrete. r Masonry reinforcing. o Painting pipe bollards ARTICLE 3 DATE OF COM]UIENCEMENT AND SUBSTANTIAL COMPLETION $ 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement, if it differs from the date of this Agreement or, d applicable, state that the date will befixed in a notice to proceed.) I fn" cornmencement date will be fixed in a notice to proceed. If, prior to the commencernent of the Work, the Owner requires time to file mortgages, mechanics' liens and other security interests, the Owner's time requirement shall be as follows: $ 3.2 The Contract Time shall be measured from the date of commencement. $ 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than ( ) days from the date of commencement, or as follows: (Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of commencement. If appropriate, insert requirements for earlier Substanlial Completion of certain portions of the Work.) The Contractor shall achieve Substantial Completion of the entire Work not later than June 14, 2019 (Table Deleted) , subject to adjustments of this Confiact Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to achieve Substantial Completion on time or for bonus payments for early completion of the Work.) In the event the Contractor, without excuse, fails to achieve Substantial Completion within the Contract Time, the Confractor shall pay to the Owner as liquidated damages, and not as a penalqr, the sum of One Thousand Dollars (S I ,000.00) or tA%o of the Contract Value (whichever is greater) for each and every calendar day following the end of the Contract Time until Substantial Completion is achieved; provided that the Contractor shall not be liable for liquidated damages for a day, or days of the excusable delay occurring during such period following the end of the Contract Time. ARTICLE4 CONTRACTSUM $ tl.l The Owner shall pay the Contractor Contract. The Contract Sum shall be one the Contract Sum in current funds for the Contractor's performance of the of the following: lnit.AIA Documcnt A132r - 2009 (ormcrly A10lrC}le - l9O2). Copyright @ 1975, ,l980, 1992 and 2009 by The American lnsttute of Archit€c,ts. All rlghtrrulsrucd. WARNING: Thi. Al,A' Document ic protectcd by U.S. Gopyright Lrw and ln!.mellonel Tnitl.!. Unauthorlz.d Eproductlon or distrl-bgtion ofthis AIA' Document, or any portion of lt, may rtsult ln s.verc civll and criminal p€neltler, and wlll be pros.cuted to thc maximum exbnt posriblo und6r the law. This docurnent was produced by AlA software at l l:05:36 MT on 12l17n018 under Order No. 8449633179 which expires on 1z2gj2}1g, a d is not for resale. User Notcr: (3B9ADA5E) 3 Meridian City Council Meeting Agenda January 2, 2019 – Page 286 of 576 (Check the appropriate box.) I X ] Stipulated Sum, in accordance with Section 4.2below t ] Cost of the Work plus the Contractor's Fee without a Guaranteed Maximum Price, in accordance with Section 4.3 below t I Cost of the Work plus the Contractor's Fee with a Guaranteed Maximum Price, in accordance with Section 4.4 below (Based on the selection above, complete Section 4.2, 4.3 or 4.4 below. Based on the selection above, also complete either Section 5.1.4, 5.1.5 or 5.1.6 below.) $ 4.2 Stipulated Sum $ 4.2.1 The Stipulated Sum shall be Thirty-Six Thousand Nine Hundred Fifty Dollars andZero Cents ($ 36,950.00 ), subject to additions and deletions as provided in the Contract Documents. $ 4.2.2 The Stipulated Sum is based on the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If the bidding or proposal documents permit the Owner to accept other alternates subsequent to the execution ofthis Agreement, attach a schedule ofsuch other alternates showing the amountfor each and the date when that amount expires.) $ 4.2.3 Unit prices, if any: (Identify and state the unit price, and state the quantity limitations, if any, to which the unil pice will be applicable.) Item Units and Limitations Price per Unit ($0.00) $ 4.2.4 Allowances included in the Stipulated Sum, if any: (dentifu allowance and stale exclusions, if any, from the allowance pice.) Item Allowance I lfaragraphs Deleted) I g*ogroph Deleted) I p*ogroph Deleted) AIA Documcnt A132il - 2000 (formcrly Al0luct. - 1992). Copyright @ 1975, 1980, 1992 and 2009 by The American lmtitute of Architects. All rlghtrtts.d.d. WARNING: Thit AIA' Document ls protec.ted by U.S. Copyright Law and lntemational Treatlcs. Unauthorlzed reproducilon or dbtributlon of thic AlAo Document, or any portlon of lt, may result ln t€ver€ civil and criminal penaltie3, and will bc prosecut.d to tho mexlmum extont posslble under the law. This document was ptoducad by AIA sofiware at 'l 1:05:36 MT on 1217f2O18 under Order No. 8449633179 whicrr expires on 12l28l21lg, and is not for resale. Ur.r Not.3: (3BgADASE) 4 lnit. I Meridian City Council Meeting Agenda January 2, 2019 – Page 287 of 576 (Paragraphs Deleted) (Table Deleted) I gorogrophs Deleted) I e*ogroph Deleted) I g*ogroph Deleted) (Paragraphs Deleted) (Table Deleted) I garagroph Deleted) I g*ogroph Deleted) I e*agraph Deleted) (Paragraphs Deleted) (Table Deleted) I e*ogroph Deleted) ARTICLE 5 PAYTIENTS $ 5.1 Progress Payments $ 5.1.1 Based upon Applications for Payment properly submitted to the Constmction Manager by the Contractor, and upon certification of the Project Application and Project Certificate for Payment or Application for Payment and Certificate for Payment by the Construction Manager and Architect and issuance by the Architect, the Owner shall Al,A Documcnt A132il - m09 (form.rly Al01ilGta - 1902). Copyright @ 1975, 1980, 1992 and 2009 by The American lnstituto of Architecls. All rightr E!.rY.d. WARilING: Thir AA' Documont 13 protected by U.S. Copyrlght Lew and lnt mational Trr.tles. Unauthorlzcd rcproduction or dlrtrlbutlon of 5this AlAo Documont, or any portion of it, may result in ssvore civil and crlminal penalties, and wlll bo pror.cuted to th6 maximum extont poslible under the law. This doqim€nt was produced by AIA software at 1 1:05:36 MT on 1211712018 under Oder No. 8449633179 which expires on 1212812O19, and is not for resale. Uccr Noter: (3B9ADA5E) lnit. I Meridian City Council Meeting Agenda January 2, 2019 – Page 288 of 576 lnit. make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. $ 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: $ 5.1.3 Provided that an Application for Payment is received by the Construction Manager not later than the Twenty- fifth day of a month, the Owner shall make payment of the certified amount in the Application for Payment to the Contractor not later than the Twenty-hfth day of the following month. If an Application for Payment is received by the Construction Manager after the application date fixed above, payment shall be made by the Ov-.ner not later than Thirty ( 30 ) days after the Construction Manager receives the Application for Payment. (Federal, state or local laws may require payment within a certain period of time.) $ 5.1.4 Progress Payments Where the Contnc-t Sum is Based on a Stipulated Sum $ 5.1.4.1 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor and approved in writing by the Construction Manager and Architect in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Construction Manager and Architect may require. This schedule, when, and only when, approved in writing by the Constmction Manager or Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. S 5.1.4.2 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. S 5.1.4.3 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .'l Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the approved schedule of values, less retainage of Five percent ( 5.00 %). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included as provided in Section 7.3.9 of the General Conditions, as modified; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, ifapproved in writing in advance by the Owner, suitably stored offthe site at a location agreed upon in writing), less retainage of Five percent ( 5.00 %); .3 Subtract the aggregate of previous payments made by the Owner; .4 Subract amounts, if any, for which the Construction Manager or Architect has withheld or nullified a Certihcate for Payment as provided in Section 9.5 of the General Conditions, as modihed; and .5 Subtract amounts, if any, being withheld by the Owner or Construction Manager as provided in the Contract Documents. S 5.1.1.1 The progress payment amount determined in accordance with Section 5.1.4.3 shall be fruther modified under the following circumstances: .1 Ad{ upon Substantial Completion of the Work, a sum sufficient to increase the total pa)rments to Ninety-five percent ( 95.00 %) of the Confiact Sum, less such amounts as the Construction Manager recommends and the Architect determines for incomplete or defective Work, or both and unsettled claims; and ,2 Add, if hnal completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Section 9.10.3 of the General Conditions, as modified. S 5.1.4.5 Reduction or limitation of retainage, if any, shall be as follows: (If il is intended, pior to Substantial Completion of the entire Work, to reduce or limit the retainage resultingfrom the percentages inserted in Sections 5.1.4.3.1 and 5.1.4.3.2 above, and this is not explained ekewhere in the Contract Documents, insert here provisions for such reduction or limitation.) AIA Documcnt A132n - 2009 qlmedy Al0l rCte - 1002). Copyight @ 1975, 1980, 1992 and 2009 by The American lnstitute of Arcfiitetts. Att rightrttt.rY.d. WARNING: This AIA' Documonl it probcfed by U.S. Copfight Law and lnbmatlonal Trrafl.s. Unauthorlz.d rrproduction or dictri-bution of athl3 AIAO Documerit, or any portion of it, may rt ult ln !€v.r. civil and criminal penaltics, and wlll bc proseculed to thc marimum extont possible s und.r tha law. This document was produced by AIA softf,ars at 11:05:36 MT on 1211712018 under Order No. 8449633179 whidr expires on 1Zl2Bj2O.lg, and is not for r€sal6.Ur.rNoL.: (3B9ADA5E) Meridian City Council Meeting Agenda January 2, 2019 – Page 289 of 576 No reduction in retainage will be allowed prior to final completion without written approval of the Owner, $ 5.,l.1.6 A condition will be included forbidding more retainage from a contractor or supplier than retained from their portion of the Work. I p*og*phs Deleted) I e*ogrophs Deleted) I e*og*phs Deleted) $ 5.2 Final Payment $ 5.2,1 Final pa)rment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Conffactor when .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2 of AIA Document A232-2009 as modified, and to satisfu other requirements, if any, which extend beyond final payment; ,2 the Contractor has submitted a final accounting for the Cost of the Work, pursuant to Exhibit A, Determination of the Cost of the Work when payment is on the basis of the Cost of the Work, with or without a Guaranteed Maximum payment; and .3 a final Certihcate for Payment or Project Certihcate for Payment has been issued by the Architect; such final payment shall be made by the Owner not more than 30 days after (1) the Contractor has fully performed the Contract and (2) the issuance of the final Certificate for Payment or Project Certif,rcate for Payment, or as follows: ARTICLE 6 DISPUTE RESOLUTION $ 6.1 lnitial Decision Maker The Architect will serve as Initial Decision Maker pursuant to Section 15.2 of AIA Document A232-2009 as modified, unless the parties appoint below another individual, not a party to this Agreement, to sewe as Initial Decision Maker. (If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if other than the Architect.) $ 6.2 Binding Dispute Resolution For any Claim subject to, but not resolved by, mediation pursuant to Section 15.3 of AIA Document A232-2009 as modified, the method of binding dispute resolution shall be as follows: (Check the appropriate box. If the Owner and Contractor do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court of competent jurisdiction.) t ] Arbitration pursuant to Section 15.4 of AIA Document A232-2009. Al,A Document A132il - 2009 (formcrly Al0lilCte - 1992). Copyright @ 1975, 1980, 1992 and 2009 by The American tnstitute of Architec.ts. A1 rightsElerved. WARNING: This AAo Documont l3 protected by U.S. Copyrlght Law end lnhmational Trraties. Unauthorized reproduc.tion or distri-bution ofthis AIA' 9ocurnent or any porlion of il, may resuh in severc civil and criminal penattic!, and will bo prosecuted to tho maximum extent possible under the law. This document was produced by AIA softrare at 11:05:36 MT on 12t17ti2018 under Order No. 8449633179 shich expires on 12!2ai2o1g, and is not for resale. UcerNotcs: (3B9ADA5E) lnit. 7 Meridian City Council Meeting Agenda January 2, 2019 – Page 290 of 576 t X ] Litigation in a court of competent jurisdiction. t I Other: (Specify) ARTICLE 7 TERMINATION OR SUSPENSION $ 7.1 Wherc the Gontrac{ Sum is a Stipulated Sum $ 7.1.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A232-2009 as modihed. $ 7.1.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A232-2009 as modified. I p*ogrophs Deleted) ARTICLE 8 iJIISCELLANEOUS PROVISIONS $ 8.1 Where reference is made in this Agreement to a provision of AIA Document A232-2009 as modified or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. $ 8.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereol at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate ofinterest agreed upon, ifany.) 518 of lYo per month $ 8.3 The Owner's representative: Q{ame, address and other information) Mike Barton, Parks Superintendent City of Meridian Parks and Recreation Department 33 East Broadway Avenue, Suite 206 Meridian, Idaho 83642 $ 8.4 The Contractor's representative: (Name, address and other information) Timothy Dowell 307 Badiola Street Caldwell, Idaho 83605 Telephone Number: 208-459-8624 ext. 308 Fax Number: 208-459-9661 I email Address: tdowell@lurre.com lnit. User Notes:(3B9ADA5E) orB I is Meridian City Council Meeting Agenda January 2, 2019 – Page 291 of 576 $ 8.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. $ 8.6 Other provisions: ARTICLE 9 ENUiIERATION OF CONTRACT DOCUilIENTS $ 9.1 The Contract Documents, except for Modif,rcations issued after execution of this Agreement, are enumerated in the sections below. $ 9.'1.1 The Agreement is this executed AIA Document A132-2009 as modified, Standard Form of Agreement Between Owner and Contractor, Construction Manager as Adviser Edition. $ 9,1.2 The General Conditions are, AIA Document A232-2009 as modified, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition. $ 9.'1.3 The Supplementary and other Conditions of the Contract: Document Title Date Exhibit A Contract Document Schedule December 13, 201 8 $ 9..l.4 The Specifications: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Title of Specifications exhibit: Contract Document Schedule, Exhibit A, dated December 13, 2018 I frrtle Deteted) $ 9.1.5 The Drawings: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Title of Drawings exhibit: Contract Document Schedule, Exhibit A, dated December 13, 2018 I G"tle Deleted) $ 9.1.6 The Addenda, if any: Number Date Pages Pages I One Two December 3, 2018 December 7,2018 8 2 Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. $ 9.1.7 Additional documents, if any, forming part of the Contract Documents are:.1 AIA Document A132rL2009, Exhibit A, Determination of the Cost of the Work, if applicable.2 AIA Document E201rL2007, Digital Data Protocol Exhibit, if completed, or the following: N/A .3 AIA DocumentE202rM-2008, Building Information Modeling Protocol Exhibit, if completed, or the following: AIA Document A132r - 20m formcrly A10l ilCta - 1902). Copyright @ 1975, 1980, 1992 and 2oog by The American tnstitute of Architec,ts. A1 rtghts rcccrycd. WARNING: Thi. AIA' Documont i. protected by U.S. Copyrlght Law end lntcmational Tr.etl6s. Unauthorized rcproduc.tion or dlsti-bution ofthis AlAo Document, or any portion of it, mey resull ln severe civil and crlminal pcnahles, and wlll be prosccuted to th€ maximum extent posrlbleundertholaw.ThisdoanmentwasproducedbyAlAsofrwareatl'l:05:36MIon12l17t2O18underOrderNo.8449633179wtrichexpir€son 12l2$i2o1g,andis not for resale. Us.r Notcr: (3B9ADA5E) 9 lnit. Meridian City Council Meeting Agenda January 2, 2019 – Page 292 of 576 N/A .4 Other documents, if any, listed below: (List here any additional documents which are intended to form part of the Contract Documents. AIA Document,4232-2009 provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents) All binding documents including the Invitation to Bid, Instructions to Bidders, Supplemental Instructions to Bidders, Bid Proposal Forms, and the Project Schedule are intended to be part of the Contract Documents. AIA Document A232-2009 General Conditions Exhibit A, Contract Document Schedule dated December 13, 2018 ARTICLE 10 INSURANCE AND BONDS The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article 11 of AIA Document A232-2009 as modified Refer to Supplemental Conditions modifying AIA Document A232-2009 for changes and additions to Article 11 "Insurance and Bonds ". Contractor is required to provide 100% Payment and Performance Bonds. (Table Deleted) This Agreement is entered into as of the day and year first written above. OWNER(Signa er CONTRACT R(Sig ature) Tammy de W d ,Mao Timothy Dowell, Project Manager (Printed n ne and title) (Printed name and title) AIA Document A132TN —2009 (formerly A101 T CMa —1992). Copyright ®1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA° Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AJA' Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible 10 t under the law. This document was produced by AIA software at 11:05:36 MT on 12/17/2018 under Order No. 8449633179 which expires on 12128/2019, and is not for resale. User Notes: (3B9ADA5E) EXHIBIT A CONTRACT DOCUMENT SCHEDULE CITY OF MERIDIAN DISCOVERY PARK SHOP BUILDING 2121 E. LAKE HAZEL ROAD MERIDIAN, IDAHO 83642 KC PROJECT NO. 16-080 December 13,2018 PROJECT DOCUMENTS as issued by lnsight Architects and prepared by the following project team: Architect - lnsight Architects MEP Engineer - Musgrove Engineering, P.A. Structural Engineer - Structural Edge Civil/Landscape Architect - The Land Group, lnc. Construction Manager - Kreizenbeck, LLC dba Kreizenbeck Constructors ADDENDUMS Addendum No. One dated December 3 Addendum No. Two dated December 7 PROJECT MANUAL lnstructions to Bidders, Volume 1 of 1 Complete - dated November 09, 20'18 8 8 201 201 ARCHITECTURAL A0.1 Cover Sheet A3.1 Roof & RCP Plans A5.1 Sections & Details S1.1 Structural Details & Notes MECHANICAL M0.0 Mechanical Cover SheetM1.0 Mechanical Plan ELECTRICAL E0.0 Electrical Cover SheetE0.2 Electrical Specs E1 0 Electrical Plans CIVIL FOR REFERENCE ONLY C2.10 Material Area J C2.30 Layout Area J C2.57 Site Section / Details C4.17 Grading Area L M A4 A6 Floor & FND Plans Exterior Elevations Door & Finish Schedules Mechanical Specs Mechanical Schedules & Details Lighting Compliance Forms Electrical Specs Electrical Schedules Material Area L Layout Area L Grading Area J M0.1 M2.0 E0.1 E0.3 E2.0 c2.17 c2.33 c4.10 Discovery Park Shop Building Page 1 of 1 December 13, 2018 DRAWINGS - Dated 11/19/2018 Meridian City Council Meeting Agenda January 2, 2019 – Page 294 of 576 Standard Form of Agreement Between Owner and Contractor,Construction Manager as Adviser Edition Bid Package No.2 . Masonry AGREEMENT made as of the Fourteenth day of December in the year Two Thousand Eighteen (In words, indicate day, monlh and year.) BETWEEN the Owner: (Name, legal status, address and other information) City of Meridian 33 East Broadway Avenue Meridian, Idaho 83642 and the Contractor: (Name, legal status, address and other information) Walker Fox Brick and Block, tnc. 2520 N. 32, Boise, Idaho 83703 Telephone Number: 208-949-5464 for the following Project: (Name, location and detailed desciption) City of Meridian - Discovery Park Shop Building 2l2l East Lake Hazel Road in Meridian, Idaho 83642 The work involves construction of a new 2,240 SF shop building The Construction Manager: (Name, legal status, address and other information) Kreizenbeck, LLC DBA Kreizenbeck Constructors I1724 West Executive Drive, Boise, Idaho 83713 Telephone Number: (208) 336-9500 Fax Number: (208) 336-7 444 The Architect: (Name, legal status, address and other information) Insight Architects, P.A. 2238 S. Broadway Avenue, Boise, Idaho 83706 Telephone Number: 208-3 38-9080 The Owner and Confiactor agree as follows' 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 lotm. An Additions and Deletions Repolt 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 attomey is encouraged with respect to its completion or modification. This document is intended to be used in conjunction with AIA Documents A232il -2009, General Conditions of the Contract for Construction, Constructjon Manager as Adviser Edition; B132ru-2009, Standard Form of Agreement Between o(^rner and Architect, Construction Manager as Adviser Edition; and Cl 32ru-2009, Strandard Form of Agreement Between Oilner and Construction Manager as Adviser. AIA Document A232il-2009 is adopted in this document by reference. Do not use with other general conditions unless this document is modified. AIA Docum.nt A132il - 2009 (formcrly A1OlilCta - 1992). Copyright O 1975, 1980' '1992 and 2009 by The American lnstitute of Architects. All rightr rcrervcd. WARNING: This AlAi Document is pro(ected by'U.S. Copyrlght Lew and lnbmatlonal Unauthorlz.d ruproduction or dlstrlbutlon ofTrra0cc. thi. AlAo Documcnt or anY Pordm ol lt may msult ln a.Y.ra civil and criminal penaltios, and wlll I 1 :07:46 MT on 12l1712018 under Oderunder the law. This docrrment was produed not for resale. Usor Notot: be prosecuted to the maximum ertent possible ' No. 84496331 79 which expires on 1212812019, and is lnit. by AIA software at 1 (3B9ADA61 ) 1 I Meridian City Council Meeting Agenda January 2, 2019 – Page 295 of 576 I raaLE oF ARTTcLES I THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERM]NATION OR SUSPENSION 8 MISCELLANEOUSPROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS 1O INSURANCEANDBONDS I g*ogroph Deleted) ARTICLE 1 THE CONTRACT DOCUTIENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement, all of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract, together with the performance bond and payment bond, if any, represent the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except as specihcally indicated in the Confiact Documents to be the responsibility of others. Contrac-t Requirements: Provide all labor, material and equipment required to complete the masonry work as noted in the construction documents and per the following: I fnis contract specilically includes but is not limited to: o Complete all masonry work as shown on the construction documents. . Receive, install and grout hollow metal frames and miscellaneous embedded items located in masonry walls. r Provide and install all shoring and bracing, lintels and sills for your work, including block outs for all masonry, as required for this scope of work. o Include block out and lintel for mechanical louver Ll. o Fumish and install all anchor bolts in masonry as per the construction documents. o Provide insulated blankets and labor for weather protection of masonry work as requted. o Fumish and install reinforcing steel for masonry. r Grind split face materials smooth behind fixtures and equipment. r Caulk all masonry-masonry, masonry-hollow metal and masonry-concrete joints. . All masonry materials to have integral water repellent. r Protection ofthe concrete slabs and adjacent surfaces from damage during the masonry work' AIA Documcnt A132il - 2000 (lormcdy Al01ilCta - 1992). Copyright @ 1 975, 1 980, 1 992 and 2009 by The American lnstitute of Architects. rrr.rv.d. WARNING: This ALA0 Documonl i3 protec'ted by U.S. Copyrlght Law and lnt mational T]!rtl.3. Unauthoriz.d rrproductlon or All right3 dbtribution of thl! AIA' Documcnt, or any porton ol i( may under the law. This docurYtsnt was ptoduced by not br r€sale. U3Gr Notca: civil and criminal p.naltiel, and will I 1 :07:46 MT on 12117 12018 unde? Ord,et b. prosecutod to tho marimum oxtont possiblo ' No. M49633179 which expires on 12,2U2o19' and isrrgult ln ravcrr lnit. AIA software at 1 (3B9ADA61 ) 2 I Meridian City Council Meeting Agenda January 2, 2019 – Page 296 of 576 lnit. . Shrink wrap all block to prevent chips or damage, and dispose of all refuse off-site. o All construction shall follow OSHA standards and requirements. o Contractors Warranty (standard warranty) on the project is 2 years (minimum) from the date of final acceptance in lieu of the I year as indicated in the project manual. Refer to the Supplementary General Conditions included in the bid book. Extended warranties will be as noted in the contract documents. This contract specifically excludes: o Furnishing of the hollow metal frames. o Sealing of masonry is by others. ARTICLE 3 DATE OF CO}I]UENCEMENT AND SUBSTANTIAL COI{PLETION $ 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement, if it difers from the date of this Agreement or, if applicable, state that the date will befixed in a notice to proceed.) The commencement date will be hxed in a notice to proceed. If, prior to the commencement of the Work, the Owner requires time to file mortgages, mechanics' liens and other security interests, the Owner's time requirement shall be as follows: $ 3.2 The Contract Time shall be measured from the date of commencement. $ 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than ( ) days from the date of commencement, or as follows: (Insert number of calendar days. Alternatively, a calendar date may be used when coordinated wilh the date of commencement. If appropriate, insert requiremenls for earlier Substantial Completion of certain portions of the Work.) The Contractor shall achieve Substantial Completion of the entire Work not later than June 14, 2019 (Table Deleted) , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to achieve Substantial Completion on time or for bonus payments for early completion of the Work.) In the event the Contractor, without excuse, fails to achieve Substantial Completion within the Contract Time, the Conffactor shall pay to the Owner as liquidated damages, and not as a penalty, the sum of One Thousand Dollars ($1,000.00) or t/ro/o of the Contract Value (whichever is greater) for each and every calendar day following the end of the Contract Time until Substantial Completion is achieved; provided that the Contractor shall not be liable for liquidated damages for a day, or days ofthe excusable delay occurring during such period following the end ofthe Contract Time. ARTICLE4 CONTRACTSUM $ 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be one of the following: (Check the appropriate box.) t X ] Stipulated Sum, in accordance with Section 4'2 below not br resale. Uscr Notes: or3 IS (3B9ADA61 ) I Meridian City Council Meeting Agenda January 2, 2019 – Page 297 of 576 t ] Cost of the Work plus the Contractor's Fee without a Guaranteed Maximum Price, in accordance with Section 4.3 below t ] Cost of the Work plus the Contractor's Fee with a Guaranteed Maximum Price, in accordance with Section 4.4 below @ased on the selection above, complete Section 4.2, 4.3 or 4.4 below. Based on the selection above, also complete either Section 5. I .4, 5. I .5 or 5. I .6 below.) $ 4.2 Stipulated Sum $ 4.2.1 The Stipulated Sum shall be Sixty-Two Thousand Eight Hundred Fifty Dollars andZero Cents ($ 62,850.00 ), subject to additions and deletions as provided in the Contract Documents. $ t1.2.2 The Stipulated Sum is based on the following altemates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If the bidding or proposal documents permit the Owner to accept other alternates subsequent to the execution of this Agreement, atlach a schedule of such other alternates showing the amountfor each and the date when that amounl expires.) $ 4.2.3 Unit prices, if any: (Identify and state the unit pice, and state the quantity limitations, if any, to which the unit pice will be applicable.) Item Units and Limitations Price per Unit ($0.00) $ tl.2.tl Allowances included in the Stipulated Sum, if any: (dentify allowance and state exclusions, if any, from the allowance pice) Allowance I e*ographs Deleted) I paragraph Deleted) I g*ogroph Deleted) (Paragraphs DeleteQ (Table Deleted) not for resale. Uler Not s: or4 IS lnit. (3B9ADA61 ) I Meridian City Council Meeting Agenda January 2, 2019 – Page 298 of 576 I lfaragraphs Deleted) I earagraph Deteted) I earagraph Deleted) (Paragraphs Deleted) (Table Deleted) I lParograph Deteted) I garagraph Deleted) (Paragraph Deleted) (Paragraphs Deleted) (Table Deleted) I g*ograph Deleted) ARTICLE 5 PAYMENTS $ 5.1 Progress Payments I S.t.t nasea upon Applications for Payment properly submitted to the Construction Manager by the Contractor, and ipon certificati,on of ihe Project Application and Project Certificate forPayment or Application for Payment and Cirtificate for Payment by tire Construction Manager and Architect and issuance by the Architect, the Owner shall make progress payments Ln account of the Contract Sum to the Contractor as provided below and elsewhere in the Confact Documents. lnit. not for resale. Uscr Notec: (3B9ADA61 ) of5 ts I Meridian City Council Meeting Agenda January 2, 2019 – Page 299 of 576 $ 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: $ 5.1.3 Provided that an Application for Payment is received by the Construction Manager not later than the Twenty- fifth day of a month, the Owner shall make payment of the certified amount in the Application for Payment to the Contractor not later than the Twenty-fifth day of the following month. If an Application for Payment is received by the Construction Manager after the application date hxed above, payment shall be made by the Owner not later than Thitty ( 30 ) days after the Construction Manager receives the Application for Payment. (Federal, state or local laws may require payment within a certain peiod of time.) $ 5.1.4 Progress Payments Where the Gontrac-t Sum is Based on a Stipulated Sum S 5.1.4.1 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor and approved in writing by the Construction Manager and Architect in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Constnrction Manager and Architect may require. This schedule, when, and only when, approved in writing by the Construction Manager or Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. S 5.1.4.2 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. $ 5.1.4.3 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Confiact Sum allocated to that portion of the Work in the approved schedule of values, less retainage of Five percent ( 5.00 %). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included as provided in Section 7.3.9 of the General Conditions, as modified; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the compteted construction (or, ifapproved in writing in advance by the Owner, suitably stored offthe site at a location agreed upon in writing), less retainage of Five percent ( 5.00 %); .3 Subtract the aggregate of previous payments made by the Owner; ,4 Subtract amounts, if any, for which the Construction Manager or Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of the General Conditions, as modified; and .5 Subtract amounts, if any, being withheld by the Owner or Construction Manager as provided in the Contract Documents. $ 5.1.4.4 The progress payment amount determined in accordance with Section 5.1.4.3 shall be further modified under the following circumstances: .1 Add, upon Substantial Completion of the Work, a sum sufftcient to increase the total payments to Ninety-five percent ( 95.00 %) of the Contract Sum, less such amounts as the Construction Manager recommends and the Architect determines for incomplete or defective Work, or both and unsettled claims; and .2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Section 9.10.3 of the General Conditions, as modified. S 5.1.1.5 Reduction or limitation of retainage, if any, shall be as follows: (If it is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resultingfrom the percentages inserted in Sections 5.1.4.3.1 and 5.1.4.3.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) I No reduction in retainage will be allowed prior to final completion without written approval of the Owner not for resale. Usor Notos: AIA Document Al32r - 2OOg (formedy AlOl ilCta - 1992). Copyright @ 1975, 1980, 1992 and 2009 by The American lnstilute of Architecls' All rightr rcccilcd, WARNING: Thic AlAl Document is protected by'U.S. iopyright Law and lntomational Troatiec. Unauthorized reProduction or distribution of this AlAo Documettt, or any portion of it, may resuh ln severe civil ind criminal penaltics, 8nd will ba prosecutcd to tha.meximum exbnt possible undor tho taw. This document was produced by llA softrrare at 1 1 :07:46 MT on 12117 ti2}18 under Order No. 8449633179 which expires on 1?J2812019, and is lnit. (3B9ADA61 ) 6 I Meridian City Council Meeting Agenda January 2, 2019 – Page 300 of 576 S 5.1.4.6 A condition will be included forbidding more retainage from a contractor or supplier than retained from their portion of the Work. (Paragraphs Deleted) I e*agraphs Deleted) I g*ogrophs Deleted) $ 5.2 Final Payment $ 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2 of AIA Document A232-2009 as modified, and to satis$ other requirements, if any, which extend beyond final payment; .2 the Contractor has submitted a final accounting for the Cost of the Work, pursuant to Exhibit A, Determination of the Cost of the Work when payment is on the basis of the Cost of the Work, with or without a Guaranteed Maximum payment; and .3 a final Certificate for Payment or Project Certificate for Payment has been issued by the Architect; such final payment shall be made by the Owner not more than 30 days after (l) the Contractor has fully performed the Contract and (2) the issuance of the final Certificate for Payment or Project Certificate for Payment, or as follows: ARTICLE 6 DISPUTE RESOLUTION $ 6.1 lnitial Decision ilaker The Architect will serve as Initial Decision Maker pursuant to Section 15.2 of AIA Document 4232-2009 as modified, unless the parties appoint below another individual, not a party to this Agreement, to serye as Initial Decision Maker. (If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if other than the Architect.) $ 6.2 Binding Dispute Resolution For any Claim subject to, but not resolved by, mediation pursuant to Section 15.3 of AIA Document A232-2OO9 as modihed, the method of binding dispute resolution shall be as follows: (Check the appropiate box. If the Owner and Contractor do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by liligation in a court of competentiurisdiction.) I 1 Arbiration pursuant to Section 15.4 of AIA Document A232-2009 t X I Litigation in a court of competent jurisdiction. t I Other: (Specify) AIA Docum.nt 4132il -2009 (folmedy Al01 is AlA. Document is ilCHa - 1902). Copyright O 1 975, I 980, 1 992 and 2009 by The American Institute of Architects. All right3 reserved. wARNING: Th prot c{od by U.S. Gopyrlght Law and lntcmallonal Tncatio!. Unauthorlz.d rcproduction or di3tribution of thir AIA' Documcnt or rny pordon ot lt may nesuh ln scveru civll and cdmin.l pcnaltlct,and wlll bc prosacutcd to th. maximum.xtont po.slble under the law. This document was produced by Oider No. 8449633179 shicfi expires on 12J2U2019' and is not for resale. U3cr Not s: lnit. AIA softrare at 11 :07:46 MT on 1217f2018 under (3B9ADA61 ) 7 Meridian City Council Meeting Agenda January 2, 2019 – Page 301 of 576 ARTICLE 7 TERMINATION OR SUSPENSION $ 7.1 Where the Contrac{ Sum is a Stipulated Sum $ 7.1.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document 4232-2009 as modified. $ 7.1.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A232-2O09 as modified. I garagraphs Deleted) ARTICLE 8 MISCELLANEOUS PROVISIONS $ 8.'l Where reference is made in this Agreement to a provision of AIA Document A232-2009 as modified or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. $ 8,2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate ofinterest agreed upon, fany) I sls of lolo per month $ 8.3 The Owner's representative: (Name, address and other information) Mike Barton, Parks Superintendent City of Meridian Parks and Recreation Department 33 East Broadway Avenue, Suite 206 Meridian, Idaho 83642 $ 8.4 The Contractor's representative: (Name, address and other informalion) Brian Fox 2520 N. 32, Boise, Idaho 83703 Telephone Number: 208-345-8606 Fax Number: 208 -3 45 -21 42 Mobile Number: 208-949-5464 Email Address: walkerfox69@gmail.com $ 8.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. AIA Document A132il - 2009 (torm.rly Al01ilCta - 1902). copyright O 1975, 1980, 1992 and 2009 by The American lnstitute ofArchitects. All right! rrrcryed, WARNING: Thi3 A[A' Oocument is protacted by U.S. Copyrlght Law lnd lnt mdlonal TBadcr. Unluthortzcd ruproduc'tlon or dl.tdhnlon of thir AIA' Documcnt, or anY Portion or lt mly Eault ln rcvcrc clvll end crlmlnal pcnaltlco,and will bc procccift.d to thc marlmum crtcril poaslblc under th6 law. This document was poduced Order No. 84496331 79 which expires on 1A2812019' and is not for resale. U3er Notos: lnit. by AIA software at 1 1:07:46 MT on 1211712018 under (3B9ADA61 ) 8 I Meridian City Council Meeting Agenda January 2, 2019 – Page 302 of 576 $ 8.6 Other provisions ARTICLE 9 ENUMERATION OF CONTRAGT DOCUTUIENTS $ 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated in the sections below. $ 9.1.1 The Agreement is this executed AIA Document A132-2009 as modified, Standard Form of Agreement Between Owner and Contractor, Construction Manager as Adviser Edition. $ 9.1.2 The General Conditions are, AIA Document A232-2009 as modified, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition. $ 9.1.3 The Supplementary and other Conditions of the Contract: Document Title Exhibit A Conffact Document Schedule One Two Date December 13,2018 Pages I $ 9.,l.4 The Specifications: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Title of Specifications exhibit: Contract Document Schedule, Exhibit A, dated December 13, 2018 I frttle Deteted) $ 9.1.5 The Drawings: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Title of Drawings exhibit: Contract Document Schedule, Exhibit A, dated December 13, 2018 I gotle Deleted) $ 9.1.6 The Addenda, if any: Number Date Pages December 3,2018 December 7,2018 8 2 lnit. Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. $ 9.1.7 Additional documents, if any, forming part of the Contract Documents are: .1 AIA Document A132rL2009, Exhibit A, Determination of the Cost of the Work, if applicable. .2 AIA Document E201rL2007, Digital Data Protocol Exhibit, if completed, or the following: .3 AIA DocumentE202rL2008, Building Information Modeling Protocol Exhibit, if completed, or the following: .4 Other documents, if any, listed below: AIA Documcnt A132r - 2OOg (formcrly A10l ilClle - 1992). Copyright @ 1975, 1980, 1992 and 2009 by Th€ American Institute of Architects. All rlghts rtsclod. tryARNlNG: This A[Ab Documo]rt is protec-ted by U.S. Copyright Law and lntomational Traatles. Unauthorizad rcproduction or distribution of this AlAo Document, or any porlion of it, may resuh ln severe civil and criminal p6naltios, and will be prosocutod to the maximum crtent possible underthelaw.Thisdod/mentwasprcducedOylAsonrrareat11:07:46MTo 12n7nO18underOrderNo.8449633179whidrexpireson12J28//2019'andis not for resale. Urer Noter:(3B9ADA61 ) 9 I Meridian City Council Meeting Agenda January 2, 2019 – Page 303 of 576 (List here any additional documents which are intended to form part of the Contract Documents. AIA Document.4232-2009 provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents) All binding documents including the Invitation to Bid, Instructions to Bidders, Supplemental Instructions to Bidders, Bid Proposal Forms, and the Project Schedule are intended to be part of the Contract Documents. AIA Document A232-2009 General Conditions Exhibit A, Contract Document Schedule dated December 13, 2018 ARTICLE 10 INSURANCE AND BONDS The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article 11 of AIA Document A232-2009 as modified Refer to Supplemental Conditions modifying AIA Document A232-2009 for changes and additions to Article 11 "Insurance and Bonds ". Contractor is required to provide 100% Payment and Performance Bonds. (Table Deleted) This Agreement is entered into as of the day and year first written above. OWNERS' atur Tammy , Ma or 1 amrn e6w-rd Ka Inc (Printed a and title) i Ili 1�� Y!�-- CONTRACTOR(Signature) Brian Fux, President (Printed name and title) AIA Document A132nA —2009 (formerly A101 r"CMa —1992). Copyright ®1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Inst. reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 10 this AIAe Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible t under the law. This document was produced by AIA software at 11:07:46 MT on 12/17/2018 under Osier No. 8449833179 which expires on 12128/2019, and is not for resale. User Notes: (3B9ADA61) EXHIBIT A CONTRACT DOCUMENT SCHEDULE CITY OF MERIDIAN DISCOVERY PARK SHOP BUILDING 2121 E. LAKE HAZEL ROAD MERIDIAN, IDAHO 83642 KC PROJECT NO. 16-080 December 13,2018 PROJECT DOCUMENTS as issued by lnsight Architects and prepared by the following project team Architect - lnsight Architects MEP Engineer - Musgrove Engineering, P.A. Structural Engineer - Structural Edge Civil/Landscape Architect - The Land Group, lnc. Construction Manager - Kreizenbeck, LLC dba Kreizenbeck Constructors ADDENDUMS Addendum No. One dated December 3, 2018 Addendum No. Two dated December7,2018 PROJECT MANUAL lnstructions to Bidders, Volume 1 of 1 Complete - dated November 09, 2018 DRAWINGS - Dated 11/19/2018 ARCHITECTURAL A0.1 CoverSheetA3.1 Roof & RCP Plans A5.1 Sections & Details 51.1 Structural Details & Notes MECHANICAL M0.0 Mechanical Cover SheetM1.0 Mechanical Plan ELECTRICAL E0.0 Electrical Cover Sheet E0.2 Electrical SpecsE1.0 Electrical Plans CIVIL FOR REFERENCE ONLY C2.10 MaterialArea J C2.30 Layout Area J C2.57 Site Section / Details C4.17 Grading Area L A.2.1 A.4.1 A6.1 M0.1 M2.0 E0.1 E0.3 E2.0 Floor & FND Plans Exterior Elevations Door & Finish Schedules Mechanical Specs Mechanical Schedules & Details Lighting Compliance Forms Electrical Specs Electrical Schedules Material Area L Layout Area L Grading Area J c2.17 c2.33 c4.10 Discovery Park Shop Building Page 1 of 1 December 13,2018 Meridian City Council Meeting Agenda January 2, 2019 – Page 305 of 576 Standard Form of Agreement Between Owner and Contractor,Construction Manager as Adw.ser Edition Bid Package No. 3 - Wood Framing and Trusses AGREEMENT made as of the Fourteenth day of December in the year Two Thousand Eighteen (In words, indicate day, month and year.) BETWEEN the Owner: (Name, legal statw, address and other information) City of Meridian 33 East Broadway Avenue Meridian, Idaho 83642 and the Contractor: Q{ame, legal status, address and other information) Leighton Enterprises, Inc. 2l2T0TiggerRanch Lane Star, Idaho 83669 I tetephoneNumber:208-941-4700 for the following Project: (Name, location and detailed desciption) City of Meridian - Discovery Park Shop Building 2l2l East Lake Hazel Road in Meridian, Idaho 83642 The work involves construction of a new 2,240 SF shop building The Construction Manager: (Name, legal status, address and other information) Kreizenbeck, LLC DBA Kreizenbeck Constmctors I1724 West Executive Drive, Boise, Idaho 83713 Telephone Number: (208) 336-9500 Fax Number: (208) 336-7 444 The Architect: (Name, legal status, address and other information) Insight Architects, P.A. 2238 S. Broadway Avenue, Boise, Idaho 83706 Telephone Number: 208-33 8-9080 The Owner and Contractor agree as follows. ADDITIONS AND DELETIOI{S: 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 consequenc€s. Consultation with an attomey is encouraged with respect to its completion or modification. This document is intended to be used in conjunction with AIA Documents A232il -2009, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition; 8132n-2009, Standard Form of Agreement Between o(Arner and Architect, Construction Manager as Adviser Edition; and Cl 32il-2009, Standard Form of Agreement Between O,vner and Construction Manager as Adviser. AIA Document A232il-2009 is adopted in this document by reference. Do not use with other general conditions unless this document is modified. AIA Docum.nt A132il - 2009 (formcdy A10l ilCHa - 1992). Copyright @ 1975, 1980, 1992 and 2009 by The American lnstitute of Atchitec{s. All rights rrrcrved. WARNING: Thic AlAi Documenl lr prolected by u.s. Copyright Law and lntemational Trcatiec. Unauthorized roproduc{ion or distribution o, thic AlAo Document, or any portion ot it, may recult ln sovere civll and criminal penaltios, and will bo prolgllIt9d !o thc.maximum axtent possible under the law. This document was poduced by Ala softrrare at 'l 1:08:52 MT on 12tino18 under Order No. 8449633179 f,'hich expires on 1?J28n019, and i6 1 not for resale U3er Note!: lnit. (3B9ADA5F) I Meridian City Council Meeting Agenda January 2, 2019 – Page 306 of 576 I meLE oF ARTTcLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACTSUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 UISCELLANEOUSPROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS 10 INSURANCE AND BONDS I p*ogroph Deleted) ARTICLE 1 THE CONTRACT DOCUilIENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement, all of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract, together with the performance bond and payment bond, if any, represent the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Confract Documents, other than Modifications, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. Contract Requirements: Provide all labor, materials and equipment required to complete all wood framing as noted in the construction documents and per the following: This contract specifically includes but is not limited to: o Provide all labor, materials and equipment required to fumish and install all wood framing, wood trusses, wood sheathing and wood fasteners as noted in the construction documents.o The contractor is responsible for all blocking and backing required for edge nailing ofglpsum board at top of walls. o Fumish and install all wood trusses, hardware and associated hangers required for a complete installation.r Furnish and install all fasteners, bracing, blocking and miscellaneous framing required to completely set and install all trusses in accordance with the construction documents and manufacturers requirements. o Provide and install all nuts and washers to be installed on threaded studs or embed anchors provided by others. o Provide and install all dimensional lumber. r Provide and install all fasteners and glue to complete work under this bid package. . Fumish and install all miscellaneous Simpson hardware, seismic connectors, straps, clips, hold-downs, fasteners, etc. as required. r Frame all access door and equipmenVfixture openings. Coordinate with mechanical & electrical Eades for framed opening requirements. AIA Documcnl A132il - m00 (formcrly Al0lnCXe - 1092). Copyright O 1975, 1980, 1992 and 2009 by The American lmtitut€ of &chitecls. All rlghtr r6..rvcd, WARNII{G: Thic AIAO Docum.nt ls protect d by U.S. Copyrlght Lew and lntemational Tr€atlc.. Unauthorized rcproduction or dl3tributlon of this AlA. Document, or any portion of it, may msult ln cevorc clvil and crimlnel penaltlcc, and will bc procecutcd to thc marlmum ericnt posslble undor the law. This dooJment was produced by AIA softmre at 1 1:08:52 MT on 121172018 under Order No. 8449633179 s,trich expires on 1212U2019, and is not for resale. Uc.r Notcr: (3BgADASF) 2 lnit. I Meridian City Council Meeting Agenda January 2, 2019 – Page 307 of 576 o Provide hoisting and unloading for all materials handled under this bid package. . All framing practices shall be in accordance with OSHA standards and requirements. o Coordinate with all contractors for placement of additional blocking in framing, including glpsum board backing (typ.) . Contractors Warranty (standard warranty) on the project is 2 years (minimum) from the date of final acceptance in lieu of the I year as indicated in the project manual. Refer to the Supplementary General Conditions included in the bid book. Extended warranties will be as noted in the contract documents. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION $ 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement, if il differs from the date of this Agreement or, if applicable, state that the date will befixed in a notice to proceed.) The commencement date will be hxed in a notice to proceed. If, prior to the commencement of the Work, the Owner requires time to file mortgages, mechanics' liens and other security interests, the Owner's time requirement shall be as follows: $ 3.2 The Contract Time shall be measured from the date of commencement. $ 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than ( ) days from the date of commencement, or as follows: (Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of commencement. If appropriate, insert requirements for earlier Substantial Completion of certain portions of the W'ork.) The Contractor shall achieve Substantial Completion of the entire Work not later than June 14, 2019. (Table Deleted) , subject to adjustments of this Confract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to achieve Substantial Completion on time or for bonus payments for early completion of the Work.) In the event the Contractor, without excuse, fails to achieve Substantial Completion within the Contract Time, the Contractor shall pay to the Owner as liquidated damages, and not as a penalty, the sum of One Thousand Dollars ($1,000.00) or %o/o of the Contract Value (whichever is greater) for each and every calendar day following the end of the Contract Time until Substantial Completion is achieved; provided that the Contractor shall not be liable for liquidated damages for a day, or days ofthe excusable delay occurring during such period following the end ofthe Confract Time. ARTICLE4 CONTRACTSUilI $ 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Confract Sum shall be one of the following: (Check the appropiate box.) t X I Stipulated Sum, in accordance with Section 4.2 below AIA Document A132il - 2009 (formerly Al01ilCt,a - 19021. Crpyright O 1975, 1980, 1992 and 2009 by The American lnstitute of Architec'ts. All rlght rererved. WARNING: This AlAo Document ls protected by U.S. Copyrigm Law and lntematlonal Treatics. Unauthorized reproduction or dlstribution of this AlAo Documelrt, or any porlion of lt, may r€sult in scvere civil and crimlnal penaltio!, and will be prorecuted to th6 maximum extent possible under the law. This document was poduced by AIA softrear€ at 'l 1 :08:52 Mf on 1211712O'18 und6r Order No. 8449633179 which Expires on 1212812019, and is not for resale. Ur.r Not..: (3B9ADA5F) lnit. 3 I Meridian City Council Meeting Agenda January 2, 2019 – Page 308 of 576 t ] Cost of the Work plus the Contractor's Fee without a Guaranteed Maximum Price, in accordance with Section 4.3 below t ] Cost of the Work plus the Contractor's Fee with a Guaranteed Maximum Price, in accordance with Section 4.4 below (Based on the selection above, complete Section 4.2, 4.3 or 4.4 below. Based on the selection above, also complete either Section 5.1.4, 5.1.5 or 5.1.6 below.) ! 4.2 Stipulated Sum $ 4.2.1 The Stipulated Sum shall be Thirty-Four Thousand Ninety-Five Dollars and,Zero Cents ($ 34,095.00 ), subject to additions and deletions as provided in the Contract Documents. $ 4.2.2 The Stipulated Sum is based on the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If the bidding or proposal documents permit the Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires.) $ t1.2.3 Unit prices, if any: (dentifu and state the unit pice, and state the quantity limitations, if any, to which the unit pice will be applicable.) Item Units and Limitations Price per Unit ($0.00) $ t1.2.4 Allowances included in the Stipulated Sum, if any: (Identify allowance and state exclusions, if any, from the allowance pice.) Item Allowance I p*ogrophs Deleted) I paragraph Deleted) (Paragraph Deleted) (Paragraphs Deleted) (Table Deleted) lnit. U.er Notor:(3B9ADA5F) of4 Meridian City Council Meeting Agenda January 2, 2019 – Page 309 of 576 I gorogrophs Deleted) I earagraph DeleteQ I p*og*ph Deleted) (Paragraphs Deleted) (Table Deleted) (Paragraph Deleted) I paragraph Deteted) I g*ogroph Deteted) (Paragraphs Deleted) (Table Deleted) I eo*graph Deleted) ARTICLE 5 PAYMENTS $ 5.1 Progress Payments $ 5.1.'l Based upon Applications for Payment properly submitted to the Construction Manager by the Contractor, and upon certification of the Project Application and Project Certihcate for Payment or Application for Payment and Certificate for Payment by the Construction Manager and Architect and issuance by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. Al,A Oocumcnt Al32r - 2000 (formcrly Al0lilGila - 1902). Copyright @ 1975, 1980, 1992 and 2009 by The American lmtitute of ArchitecG. All rlghte rusorvcd. WARNING: This AIA. Document is prot.cted by U.S. Copyrlght Law and Inbmationel Trratles. Unauthorlzed reproduc{lon or distributlon of 5thic AlAo Documont, or any portlon of it, may rarult ln toyor! clvll and crimlnal pcnahies, and wlll bc procccuted to the marimum crtcr'* possibl. under the law. This document was prcduced by AIA sofuvare at 11 :08:52 MT on 1Z17n$g under Order No. 8449633179 wtricfr expires on 12nU2O19, a d is not br resale. U3er Notes: (3B9ADA5F) lnit. Meridian City Council Meeting Agenda January 2, 2019 – Page 310 of 576 $ 5.1,2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: $ 5.1.3 Provided that an Application for Payment is received by the Construction Manager not later than the Twenty- hfth day of a month, the Owner shall make payment of the certified amount in the Application for Payment to the Conffactor not later than the Twenty-fifth day of the following month. If an Application for Payment is received by the Construction Manager after the application date fixed above, payment shall be made by the Owner not later than Thi.ty ( 30 ) days after the Constmction Manager receives the Application for Payment. (Federal, state or local laws may require paymenl wilhin a certain period of time.) $ 5.1.4 Progress Payments Where the Contract Sum is Based on a Stipulated Sum S 5.1.4.1 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor and approved in writing by the Construction Manager and Architect in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Construction Manager and Architect may require. This schedule, when, and only when, approved in writing by the Construction Manager or Architect, shall be used as a basis for reviewing the Conhactor's Applications for Payment. $ 5,1,4,2 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. S 5.1.4.3 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the approved schedule of values, less retainage of Five percent ( 5.00 %). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included as provided in Section 7.3.9 of the General Conditions, as modified; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitabty stored at the site for subsequent incorporation in the completed construction (or, if approved in writing in advance by the Owner, suitably stored offthe site at a location agreed upon in writing), less retainage of Five percent ( 5.00 %); .3 Subtract the aggregate of previous pa).ments made by the Owner; .4 Subract amounts, if any, for which the Construction Manager or Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of the General Conditions, as modified; and .5 Subtract amounts, if any, being withheld by the Owner or Construction Manager as provided in the Contract Documents. S 5.1.4.4 The progress payment amount determined in accordance with Section 5.1.4.3 shall be further modified under the following circumstances: .'l Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to Ninety-five percent ( 95.00 %) of the Contract Sum, less such amounts as the Construction Manager recommends and the Architect determines for incomplete or defective Work, or both and unsettled claims; and .2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Section 9.10.3 of the General Conditions, as modified. S 5.1.1.5 Reduction or limitation of retainage, if any, shall be as follows: (If il is intended, prior to Substantial Completion of the entire Work, to reduce or limil the retainage resultingfrom the percentages inserted in Sections 5. L4.3.I and 5.I.4.3.2 above, and this is not explained ekewhere in the Contract Documents, insert here provisions for such reduction or limitation.) No reduction in retainage will be allowed prior to hnal completion without written approval of the Owner. AIA Documont At32il - 2009 (formcrly Al0lilCt. - 1902). Copyright @ 1975, 1980, '1992 and 2fr)9 by The American lnstitute of ArchitscG. All right3 ru3crved. WARNING: This AlAo Document is protected by U.S. Copyright Lew and lntemational Truatler. Unauthorlzed rsproductlon or distributlon of this AlAo Documont, or any portlon of lt, may rcsuh ln severc civll and criminal pcnahies, and wlll b. prosecutod to the marimum cxbnt po$iblo und6r the law. This dodrment was poduced by AIA soft,vare at I 'l :08:52 Mf on 12117DQ18 under Order No. 8449633179 wtrich expires on 12J2U2O19, and is not for resale. Urcr l{o(cs: (3B9ADA5F) 6 lnit. I Meridian City Council Meeting Agenda January 2, 2019 – Page 311 of 576 S 5..l.4.6 A condition will be included forbidding more retainage from a contractor or supplier than retained from their portion of the Work. I poragraphs Deleted) I earographs Deleted) I p*ographs Deleted) $ 5.2 Final Payment $ 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Conffactor when .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2 of AIA Document A232-2009 as modified, and to satisfo other requirements, if any, which extend beyond final payment; .2 the Contractor has submitted a hnal accounting for the Cost of the Work, pursuant to Exhibit A, Determination of the Cost of the Work when payment is on the basis of the Cost of the Work, with or without a Guaranteed Maximum payment; and .3 a final Certificate for Payment or Project Certificate for Payment has been issued by the Architect; such final payment shall be made by the Owner not more than 30 days after (l) the Contractor has fully performed the Contract and (2) the issuance of the final Certificate for Payment or Project Certificate for Payment, or as follows: ARTICLE 6 DISPUTE RESOLUTION $ 6.1 lnitial Decision Maker The Architect will serve as Initial Decision Maker pursuant to Section 15.2 of AIA Document A232-2009 as modified, unless the parties appoint below another individual, not a party to this Agreement, to serve as Initial Decision Maker. (If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if other than the Architect.) $ 6.2 Binding Dispute Resolution For any Claim subject to, but not resolved by, mediation pursuant to Section 15.3 of AIA Document A232-2009 as modified, the method of binding dispute resolution shall be as follows: (Check the appropiate box. If the Owner and Contractor do not select a method of binding dispute resolution below, or do not subsequently agree in witing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court of competent jurisdiction.) I 1 Arbitation pursuant to Section 15.4 of AIA Document A232J;OO1. t X ] Litigation in a court of competent jurisdiction. t ] Other: (Specify) lnit. Us6r ilote3:(3BSADA5F) otl I Meridian City Council Meeting Agenda January 2, 2019 – Page 312 of 576 ARTICLE 7 TERIIINATION OR SUSPENSION $ 7.1 Where the Contracl Sum is a Stipulated Sum $ 7.1 .1 The Contract may be terminated by the Owner or the Contractor as provided in Article I 4 of AIA Document A232-2OO9 as modified. $ 7.1.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A232-2009 as modif,red. I p*ogrophs Deleted) ARTICLE 8 MISCELLANEOUS PROVISIONS $ 8.1 Where reference is made in this Agreement to a provision of AIA Document A232-2009 as modified or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. $ 8.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, ,f ony.) I slS of lolo per month $ 8.3 The Owner's representative: (Name, address and other information) Mike Barton, Parks Superintendent City of Meridian Parks and Recreation Department 33 East Broadway Avenue, Suite 206 Meridian, ldaho 83642 $ 8.1 The Contractor's representative: Q,{ame, address and other information) Trace Leighton 21270Tigger Ranch Lane, Star, Idaho 83669 Telephone Number: 208-941 -47 00 Mobile Number: 208-941 -47 OO Email Address: tracel8n@cableone.net $ 8.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. lnit. Usar Notes: (3B9ADAsF) ofE I Meridian City Council Meeting Agenda January 2, 2019 – Page 313 of 576 $ 8.6 Other provisions: ARTICLE 9 ENUMERATION OF CONTRACT DOCUi'ENTS $ 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated in the sections below. $ 9.1.1 The Agreement is this executed AIA Document A132--2009 as modified, Standard Form of Agreement Between Owner and Contractor, Construction Manager as Adviser Edition. $ 9.1.2 The General Conditions are, AIA Document A232-2009 as modihed, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition. $ 9.1.3 The Supplementary and other Conditions of the Contract: Document Title Exhibit A Confract Document Schedule One Two Date December 13, 2018 Pages I $ 9.1.4 The Specifications: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Title of Specifications exhibit: Contract Document Schedule, Exhibit A, dated December 13, 2018 | €"nb Deteted) $ 9.1.5 The Drawings: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Title of Drawings exhibit: Contract Document Schedule, Exhibit A, dated December 13, 2018 I gotle Deleted) $ 9.1.6 The Addenda, if any: Number Date Pages December 3, 2018 December 7 ,2018 8 2 Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. $ 9.1.7 Additional documents, if any, forming part of the Contract Documents are: '1 AIA Document A132rIL2009, Exhibit A, Determination of the Cost of the Work, if applicable..2 AIA Document E201rL2007, Digital Data Protocol Exhibit, if completed, or the following: .3 AIA DocumentB202ru-2008, Building Information Modeling Protocol Exhibit, if completed, or the following: .4 Other documents, if any, listed below: lnit.AIA Documcril A132n - 2009 (formerly A101 ror.ryed. WARNING: This AlAo Document is ilCta - 1992). Copyright @ 1 975, 1 980, 1 992 and 2009 by The protec-ted by U.S. Copyright Law and lntemational Treatie3. American lnstitute of Architects. All right3 Unauthorizcd Eproduction or dlrtrlbution ofthl: AlA. Documcfi or any portlon of I mey Esul{ in scvcrr civll and crlmlnal pcnallicc, and will bc pros.clicd to ths maxlmum extant pos.lbleunder the law. This document was No. 8449633179 which expires on 122812019, and isnot for resale. Uler Notos: produced by AIA soffware at 11 :08:52 MT on j2l17l2O1| under Order (3B9ADA5F) 9 I Meridian City Council Meeting Agenda January 2, 2019 – Page 314 of 576 (List here any additional documents which are intended to form part of the Contract Documents. AIA Document A232-2009 provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents) All binding documents including the Invitation to Bid, Instructions to Bidders, Supplemental Instructions to Bidders, Bid Proposal Forms, and the Project Schedule are intended to be part of the Contract Documents. AIA Document A232-2009 General Conditions Exhibit A, Contract Document Schedule dated December 13, 2018 ARTICLE 10 INSURANCE AND BONDS The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article 11 of AIA Document A232-2009 as modified Refer to Supplemental Conditions modifying AIA Document A232-2009 for changes and additions to Article 11 "Insurance and Bonds ". Contractor is required to provide 100% Payment and Performance Bonds. (Table Deleted) This Agreement is entered into as of the day and year first written above. CONT CTOR(Sign ature) Trace Leighton, President �l Z f /G'�� .' 46-11f -0l (Printed name and title) < %; Z: �' I XZ� � OWNER(Sign r Tammy de WSO, Mayor I am de (Printed a and title) AIA Document A132" — 2009 (formerly A101 ^ C6ta —1992). Copyright ® 1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Inst. reserved. WARNING: This AIA* Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 10 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 t under the law. This document was produced by AIA software at 11:08:52 MT on 12/17/2018 under Order No. 8449633179 which expires on 12128/2019, and is not for resale. User Notes: (3B9ADA5F) EXHIBIT A CONTRACT DOCUMENT SCHEDULE CITY OF MERIDIAN DISCOVERY PARK SHOP BUILDING 2121 E. LAKE HAZEL ROAD MERIDIAN, IDAHO 83642 KC PROJECT NO. 16-080 December 13,2018 PROJECT DOGUMENTS as issued by lnsight Architects and prepared by the following project team: Architect - lnsight Architects MEP Engineer - Musgrove Engineering, P.A. Structural Engineer - Structural Edge Civil/Landscape Architect - The Land Group, lnc. Construction Manager - Kreizenbeck, LLC dba Kreizenbeck Constructors ADDENDUMS Addendum No. One dated December 3, Addendum No. Two dated December 7, PROJECT MANUAL 8 8 201 201 lnstructions to Bidders, Volume 1 of 1 Complete - dated November 09, 2018 DRAWINGS - Dated 11/19/2018 ARCHITECTURAL A0.1 Cover Sheet 43.1 Roof & RCP Plans A5.1 Sections & Details 51.1 Structural Details & Notes MECHANICAL M0.0 Mechanical Cover SheetM1.0 Mechanical Plan ELECTR!CAL E0.0 Electrical Cover SheetE0.2 Electrical SpecsE1.0 Electrical Plans CIVIL FOR REFERENCE ONLY C2.10 Material Area J C2.30 Layout Area J C2.57 Site Section / Details C4.17 Grading Area L M.1 44.1 46.1 M0.1 M20 Floor & FND Plans Exterior Elevations Door & Finish Schedules Mechanical Specs Mechanical Schedules & Details Lighting Compliance Forms Electrical Specs Electrical Schedules Material Area L Layout Area L Grading Area J E0.1 E0.3 E2.0 c2.17 c2.33 c4.10 Discovery Park Shop Building Page 1 of 1 December 13,2018 Meridian City Council Meeting Agenda January 2, 2019 – Page 316 of 576 W,AIA Document Allz-- 2rltlg Standard Form of Agreement Between Owner and Contractor,Construction Manager as Advrser Edition Bid Package No. 4 - Roofing AGREEMENT made as of the Fourteenth day of December in the year Two Thousand Eighteen (In words, indicate day, month and year.) BETWEEN the Owner: (Name, legal status, address and other information) City of Meridian 33 East Broadway Avenue Meridian,Idaho 83642 and the ConEactor: (Name, legal status, address and other information) Cano Roofing, Inc. dba Signature Roofing 953 Highway 16, Eagle,Idaho 83616 Telephone Number: 208 -99 4-8493 Fax Number: faxNumber for the following Project: (Name, location and detailed desciption) City of Meridian - Discovery Park Shop Building 2121East Lake Hazel Road in Meridian, Idaho 83642 The work involves construction of a new 2,240 SF shop building The Construction Manager: (Name, legal status, address and other idormation) Kreizenbeck, LLC DBA Kreizenbeck Constructors I 1724 West Executive Drive, Boise, Idaho 83713 Telephone Number: (208) 336-9500 Fax Number: (208) 336-7 444 The Architect: (Name, legal status, address and other information) ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text ofthe original AIA standard form. An Additions and Deletions Repolt 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 attomey is encouraged with respect to its completion or modification. This document is intended to be used in conjunction with AIA Documents A232il-2009, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition; B'132il-2009, Standard Form of Agreement Between Orvner and Architect, Construction Manager as Adviser Edition; and C1 32il-2009, Standard Form of Agreement Behrveen Owner and Construction Manager as Adviser. AIA Document A232ru-2009 is adopted in this document by reference. Do not use with other general conditions unless this document is modified. Insight Architects, P.A. 2238 S. Broadway Avenue, Boise, Idaho 83706 Telephone Number: 208-3 3 8-9080 The Owner and Contractor agree as follows. AIA Docum.nt A132il - 20lrg (lormcrly A10l ilCf. - 19021. Copyright @ 1975, 1980, 1992 and 2009 by Th€ Am€rican lnstitute of Architects. All rightrIt..w.d. WARI{lilG: Thir AIAO Documcnt is protec{.d by U.S. Copyrlght L.w and lntomational Tr€atl6. Unaulhoriz.d r€production or distrlbution of this AIA' Documenl, or any portion of lt, may re3ult in 3oy.rE clvil and crlmlnal pcnahics, and wlll b. pro$cutcd to th6 maxlmum ert nt posslble under the law. This dodrm€nl was pioduced by AIA softfar€ at 12:43:30 MT on 12,1712018 under Order No. 8449633179 which expires on 1?/2812019, and is not for r6sale. U3.i Note3: (3B9ADA5B) 1 !nlt. I Meridian City Council Meeting Agenda January 2, 2019 – Page 317 of 576 I naLE oF ARTTcLES .I THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMTIENCETIENT AND SUBSTANTIAL COTTIPLETION 4 CONTRACTSUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 MISCELI.ANEOUSPROVISIONS 9 ENUMERATION OFCONTRACTDOCUMENTS 1(l INSURANCE AND BONDS I lPoragraph Deleted) ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement, all of which form the Conftact, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract, together with the performance bond and payment bond, if any, represent the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. Contract Requirements: Provide ell labor, material and equipment to install a complete roofing package as noted in the construction documents and per the following: I fnis contract specifically includes but is not limited to: o Furnish and install ice and water shield, asphalt shingles, soffit panels, metal wall panels, sheet metal flashings, ridge vents, and joint sealants complete as noted in the consfuction documents.o Furnish and install metal louvers in gable end walls as indicated (typical of 2)o Provide and install hat channel at soffit panels. r Fumish and install exterior weather barrier behind all metal wall panels.r Fumish and install all sheet metal flashing and trim as indicated on the contract documents.o Provide and install all waterproofing for all roof penetrations.o Provide all hoisting and lifting equipment required for this scope of work.. Clean the entire roof prior to substantial completion.o Provide all Fall Protection for your work in accordance with oSHA regulations.e Contractors Warranty (standard warranty) on the project is 2 years (minimum) from the date of f,rnal acceptance in lieu of the I year as indicated in the project manual. Refer to the Supplementary General Conditions included in the bid book. Extended warranties will be as noted in the contract documents. lnlt. User Notee (3BgADAsB) or2 I Meridian City Council Meeting Agenda January 2, 2019 – Page 318 of 576 lnit. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION $ 3.,l The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement, if it difers from the date of this Agreement or, if applicable, state that the date will be fxed in a notice to proceed.) The commencement date will be hxed in a notice to proceed. If, prior to the commencement of the Work, the Owner requires time to hle mortgages, mechanics' liens and other security interests, the Owner's time requirement shall be as follows: $ 3.2 The Contract Time shall be measured from the date of commencement. $ 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than ( ) days from the date of commencement, or as follows: (Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of commencement. If appropriate, insert requirements for earlier Substantial Completion of cerlain portions of the Work.) The Contractor shall achieve Substantial Completion of the entire Work not later than June 14, 2019 (Table Deleted) , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to achieve Substantial Completion on time or for bonus payments for early completion of the Work.) In the event the Contractor, without excuse, fails to achieve Substantial Completion within the Contract Time, the Confractor shall pay to the Owner as liquidated damages, and not as a penalty, the sum of One Thousand Dollars ($ I ,000.00) or Yn%o of the Contract Value (whichever is greater) for each and every calendar day following the end of the Contract Time until Substantial Completion is achieved; provided that the Conffactor shall not be liable for liquidated damages for a day , or days of the excusable delay occurring during such period following the end of the Contract Time. ARTICLE4 GONTRACTSUM $ 4.'l The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The ConEact Sum shall be one of the following: (Check the appropriate box.) t X ] Stipulated Sum, in accordance with Section 4.2 below I ] Cost of the Work plus the Contractor's Fee without a Guaranteed Maximum Price, in accordance with Section 4.3 below I ] Cost of the Work plus the Contactor's Fee with a Guaranteed Maximum Price, in accordance with Section 4.4 below (Based on the selection above, complete Section 4.2, 4.3 or 4.4 below. Based on the selection above, also complete either Section 5. L4, 5. I .5 or 5. I .6 below.) ALA Documcnt A132il - 2009 (formcrly A10l rGta - l9O2). Copyright @ 1975, 1980, 1992 and 2009 by The American lnstitute of ArcfritBcts. All rlghtttl.ru.d. UYARNING: Thls AIA' Documont ir prot c-ted by U.S. Copyright Law and lnt mational Truatiec. Unauthorized reproduction or dir6lution of this AlAo Documont, or any portion of lt, may ralult in 3€v.rc civil and criminal ponaltie!, and will be proGecuted to tho maximum.xtont pGsiblc undertholaw.ThisdocumentwasproducedbyAlAsoftwareatl2.43:3oMTon'l2n7no18underOrderNo.8449633179whichexpireson 12l2gjzo1g,andis not br rBsale. Urcr Notcr: (3B9ADA5B) 3 I Meridian City Council Meeting Agenda January 2, 2019 – Page 319 of 576 $ 4.2 Stipulated Sum $ 4.2.1 The Stipulated Sum shall be Forty-Seven Thousand Four Hundred Dollars atdZero Cents ($ 47,400.00), subject to additions and deletions as provided in the Contract Documents. $ t1.2.2 The Stipulated Sum is based on the following altemates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If the bidding or proposal documents permit the Owner to accept other alternates subsequent to the execution of this Agreement, altach a schedule of such other alternates showing the amountfor each and lhe date when that amount expires.) $ 4.2.3 Unit prices, if any: (Identify and state the unit pice, and state the quantity limitations, if any, to which the unit pice will be applicable.) Item Units and Limihtions Price per Unit ($0.00) $ 4.2.4 Allowances included in the Stipulated Sum, if any: (Identifi allowance and state exclusions, f any, from the allowance pice.) Allowance I paragraphs Deleted) I p*ogroph Deleted) I gamgraph Deleted) (Paragraphs Deleted) (Table Deleted) I g*ogrophs Deleted) I g*ogroph Deleted) AIA Documcnt Al32r - 2000 (formcrly Al0lrct. - 1902). Copyright @ 1975, 1980, '1992 and 2009 by The American lnstituto of Ardritec{s. All rlght3 ru..wrd. WARNING: This ALA. Document l. protoctod by U.S. Copyrlght Law and lnhmatlonel Trratlos. Unauthorlzod reproduction or di3tlbution o, 4this AlAo Documcnt, or any porton of it, may result ln cevcru civil and crimlnal penaltl.s, and will bc prosccuted to th. maximum extcnt posllble undor the law. This doqrm€nt was produced by AIA softrere at 12:43:30 MT oi 1,,17t2O18 under Order No. E449633179 $,fiidr expiros on 1212U2O19, and is not for resale. U..r Not 3: (3B9ADA5B) Item lnit. I Meridian City Council Meeting Agenda January 2, 2019 – Page 320 of 576 (Paragraphs Deleted) (Table Deleted) (Paragraph Deleted) (Paragraph Deleted) (Paragraph Deleted) (Paragraphs Deleted) (Table Deleted) I paragraph Deleted) ARTICLE 5 PAYTIENTS $ 5.1 Progress Payments $ 5.'1.1 Based upon Applications for Payment properly submitted to the Construction Manager by the Contractor, and upon certification of the Project Application and Project Certificate for Payment or Application for Payment and Certificate for Payment by the Construction Manager and Architect and issuance by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. $ 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: $ 5'1'3 Provided that an Application for Payment is received by the Construction Manager not later than the Twenty-fifth day of a month, the owner shall make payment of the certified amount in the Application for payment to theContractor not later than the Twenty-fifth day of the following month. If an Application for paymentis received by ot5 lnit. User Notcs: (389ADAsB) is I porogroph Deleted) I Meridian City Council Meeting Agenda January 2, 2019 – Page 321 of 576 the Construction Manager after the application date fixed above, payment shall be made by the Owner not later than Thirty ( 30 ) days after the Construction Manager receives the Application for Payment. (Federal, state or local laws may require paryent wilhin a certain peiod of time.) $ 5.l.tl Progress Payments Where the Contnct Sum is Based on a Stipulated Sum S 5.1.4.1 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor and approved in writing by the Construction Manager and Architect in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Construction Manager and Architect may require. This schedule, when, and only when, approved in writing by the Construction Manager or Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. $ 5.1.4.2 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. $ 5.1.4.3 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .'l Take that portion of the ConEact Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the approved schedule of values, less retainage of Five percent ( 5.00 %). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included as provided in Section 7.3.9 of the General Conditions, as modified; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, ifapproved in writing in advance by the Owner, suitably stored offthe site at a location agreed upon in writing), less retainage of Five percent ( 5.00 %); .3 Subfiact the aggregate of previous payments made by the Owner; ,4 Subffact amounts, if any, for which the Construction Manager or Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of the General Conditions, as modified; and .5 Subtract amounts, if any, being withheld by the Owner or Construction Manager as provided in the Contract Documents. S 5.1.4.4 The progress payment amount determined in accordance with Section 5.1.4.3 shall be further modified under the following circumstances: .1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to Ninety-five percent ( 95.00 %) of the Contract Sum, less such amounts as the Construction Manager recommends and the Architect determines for incomplete or defective Work, or both and unsettled claims; and .2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Section 9.10.3 of the General Conditions, as modified. $ 5.f .1.5 Reduction or limitation of retainage, if any, shall be as follows: (If it is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resultingfrom the percentages inserted in Sections 5.1.4.3.1 and 5.1.4.3.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) No reduction in retainage will be allowed prior to final completion without written approval of the Owner. S 5.1,1.6 A condition will be included forbidding more retainage from a contractor or supplier than retained from their portion of the Work. I earagraphs Deleted) lnit. Uscr llotas:(3B9ADA5B) or6 I is Meridian City Council Meeting Agenda January 2, 2019 – Page 322 of 576 I lPoragraphs Deleted) (Paragraphs Deleted) $ 5.2 Final Payment $ 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2 of AIA Document A232-2009 as modified, and to satisfr other requirements, if any, which extend beyond final payment; .2 the Contractor has submitted a final accounting for the Cost of the Work, pursuant to Exhibit A, Determination of the Cost of the Work when payment is on the basis of the Cost of the Work, with or without a Guaranteed Maximum payment; and .3 a final Certificate for Payment or Project Certificate for Payment has been issued by the Architect; such final payment shall be made by the Owner not more than 30 days after (l) the Contractor has fully performed the Contract and (2) the issuance of the final Certificate for Payment or Project Certificate for Payment, or as follows: ARTICLE 6 DISPUTE RESOLUTION $ 6.1 lnitial Decision illaker The Architect will serve as Initial Decision Maker pursuant to Section 15.2 of AIA Document A232-2009 as modified, unless the parties appoint below another individual, not a party to this Agreement, to serve as Initial Decision Maker. (If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if other than the Architect.) $ 6.2 Binding Dispute Resolution For any Claim subject to, but not resolved by, mediation pursuant to Section 15.3 of AIA Document A232-2009 as modified, the method of binding dispute resolution shall be as follows: (Check the appropiate box. If the Owner and Contractor do nol select a method of binding dispute resolution below, or do not subsequently agree in witing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court of competent jurisdiction.) I I Arbitration pursuant to Section 15.4 of AIA Document A232-2009 t X ] Litigation in a court of competent jurisdiction. t I Other: (Specifi) ARTICLE 7 TERTINATION OR SUSPENSION ! 7.1 Where the Contnc{ Sum is a Stipulated Sum S 1']:1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document4232-2009 as modified. lnit. ofT Ucer Notes: (3B9ADA5B) is I Meridian City Council Meeting Agenda January 2, 2019 – Page 323 of 576 $T.l.2TheWorkmaybesuspendedbytheOwnerasprovidedinArticle 14ofAIADocument A232-2009as modified. I lPrrogrophs Deleted) ARTICLE 8 MISCELLANEOUS PROVISIONS $ 8.1 Where reference is made in this Agreement to a provision of AIA Document A232-2009 as modihed or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. $ 8.2 Payments due and unpaid under the Conffact shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate ofinterest agreed upon, ifany) 518 of lYo per month $ 8.3 The Owner's representative: (Name, address and other information) Mike Barton, Parks Superintendent City of Meridian Parks and Recreation Department 33 East Broadway Avenue, Suite 206 Meridian,Idaho 83642 $ 8.4 The Contractor's representative: (Name, address and other information) Shane VonWald 953 Highway 16, Eagle, Idaho 83616 Telephone Number: 208-99 4-8493 I vtoUile Number: 2O84Og-8332 I f-ail Address: office@mysignatureroofing.com lnit. $ 8.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. $ 8.6 Other provisions: ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS $ 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated in the sections below. AIA Document Al32r - 2009 (formerly Al0l ilGta - 1992). Copyright O 1975, 1980, ,1992 and 2009 by Th6 American lnstituta of Arcfiitects. All right3 rrr€rv.d. WARNING: This AlAo Document ic protected by U.S. Copyright Law and lntomational Treatiet. Unauthorized reproduc{ion or distsibution of this AlAo Document, or any portion ot il, may rcsult in s6ver6 civil and criminal p€naltios, and will be prosecuted to the marimum ertenl possible under the law. This document was produced by AIA sofrr€re at 12:43:30 MT on 1217nO18 under Order No. 8449633179 s,trich expires on 1212A2019, andis not for resale. Urcr Noter:(3B9ADA5B) I Meridian City Council Meeting Agenda January 2, 2019 – Page 324 of 576 $ 9.1.1 The Agreement is this executed AIA Document A1321009 as modified, Standard Form of Agreement Between Owner and Contractor, Construction Manager as Adviser Edition. $ 9.1.2 The General Conditions are, AIA Document A232-2009 as modified, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition. $ 9.,l.3 The Supplementary and other Conditions of the Contract: Document Title Date Exhibit A Contract Document Schedule December 13, 2018 $ 9.1.4 The Specihcations: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Title of Specifications exhibit: Contract Document Schedule, Exhibit A, dated December 13, 2018 I lotle Deleted) $ 9.1.5 The Drawings: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Title of Drawings exhibit: Contract Document Schedule, Exhibit A, dated December 13, 2018 I gotle Deleted) $ 9.1.6 The Addenda, if any: Number Date Pages Pages I One Two December 3,2018 December 7,2018 8 2 Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. $ 9.1.7 Additional documents, if any, forming part of the Contract Documents are: .1 AIA Document Al32rM-2009, Exhibit A, Determination of the Cost of the Work, if applicable .2 AIA Document E201rM-2007, Digital Data Protocol Exhibit, if completed, or the following: '3 AIA DocumentB202rM-2008, Building Information Modeling Protocol Exhibit, if completed, or the following: .4 Other documents, if any, listed below: (List here any additional documents which are intended toform part of the Contract Documents. AIA Docament A232-2009 provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sampleforms and the Contractor's bid are not part of the Contract Docaments unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents.) lnit. User Notes: (3B9ADAsB) is org Meridian City Council Meeting Agenda January 2, 2019 – Page 325 of 576 All binding documents including the Invitation to Bid, Instructions to Bidders, Supplemental Instructions to Bidders, Bid Proposal Forms, and the Project Schedule are intended to be part of the Contract Documents. AIA Document A232-2009 General Conditions Exhibit A, Contract Document Schedule dated December 13, 2018 ARTICLE 10 INSURANCE AND BONDS The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article 11 of AIA Document A232-2009 as modified Refer to Supplemental Conditions modifyingAlA Document.4232-2009 for changes and additions to Article 11 "Insurance and Bonds ". Contractor is required to provide 100% Payment and Performance Bonds. (Table Deleted) This Agreement is entered into as of the day and year first 0 natur ) Tammy de d ,Ma or Tam (Printed na a and title Inst. AIA Document A132" —2009 (formerly A701" CMa —1992). Copyright ® 1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights reseryed. WARNING: This AIAe Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 10 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 12:43:30 MT on 12/17/2018 under Order No. 8449633179 which expires on 12/28/2019, and Is not for resale. User Notes: (3B9ADA5B) EXHIBIT A CONTRACT DOCUMENT SCHEDULE CITY OF MERIDIAN DISCOVERY PARK SHOP BUILDING 2121 E. LAKE HAZEL ROAD MERIDIAN, IDAHO 83642 KC PROJECT NO. 16{80 December 13,2018 PROJECT DOCUMENTS as issued by lnsight Architects and prepared by the following project team: Architect - lnsight Architects MEP Engineer - Musgrove Engineering, P.A. Structural Engineer - Structural Edge Civil/Landscape Architect - The Land Group, lnc. Construction Manager - Kreizenbeck, LLC dba Kreizenbeck Constructors ADDENDUMS Addendum No. One dated December 3, Addendum No. Two dated December 7, PROJECT MANUAL lnstructions to Bidders, Volume 1 of 1 Complete - dated November 09, 2018 8 8 201 201 DRAWINGS - Dated 11119/2018 ARCHITECTURAL A0.1 Cover SheetA3.1 Roof & RCP Plans45.1 Sections & Details 31 .1 Structural Details & Notes MECHANICAL M0.0 Mechanical Cover SheetM1.0 Mechanical Plan ELECTRlCAL E0.0 Electrical Cover SheetE0.2 Electrical SpecsE1.0 Electrical Plans CIVIL FOR REFERENCE ONLY C2.10 Material Area J C2.30 Layout Area J C2.57 Site Section / Details C4.17 Grading Area L M.1 44.1 46.1 M0.1 M2.0 E0.1 E0.3 E2.0 c2.17 c2.33 c4.10 Floor & FND Plans Exterior Elevations Door & Finish Schedules Mechanical Specs Mechanical Schedules & Details Lighting Compliance Forms Electrical Specs Electrical Schedules Material Area L Layout Area L Grading Area J Discovery Park Shop Building Page 1 of 1 December 13,2018 Meridian City Council Meeting Agenda January 2, 2019 – Page 327 of 576 Standard Form of Agreement Between Owner and Contractor,Construction Manager as Adviser Edition Bid Package No. 5 - Doors, Frames, Hardware & Glazing AGREEMENT made as of the Fourteenth day of December in the year Two Thousand Eighteen (In words, indicate day, month and year.) BETWEEN the Owner: (Name, legal status, address and other information) City of Meridian 33 East Broadway Avenue Meridian,Idaho 83642 and the Contractor: (Name, legal status, address and olher information) D & A Door & Specialties, Inc. 2667 South Victory View Way, Boise, Idaho 83709 Telephone Number: 2OB -287 -3 67 6 Fax Number: faxNumber for the following Project: (Name, location and detailed description) City of Meridian - Discovery Park Shop Building 2l2l East Lake Hazel Road in Meridian, Idaho 83642 The work involves construction of a new 2,240 SF shop building The Construction Manager: (Name, legal status, address and other information) Kreizenbeck, LLC DBA Kreizenbeck Constructors 11724 West Executive Drive, Boise, Idaho 83713 Telephone Number: (208) 336-9500 Fax Number: (208) 336-7 444 The Architect: (Name, legal status, address and other information) AODITIONS 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 Repolt 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 attomey is encouraged with respect to its completion or modification. This document is intended to be used in conjunction with AIA Documents A232 il-2009, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition; 8132il-2009, Standard Form of Agreement Between O,vner and Architect, Construction Manager as Adviser Edition; and C1 32il-2009, Standard Form of Agreement Between O\ rner and Construction Manager as Adviser. AIA Document A232il-2009 is adopted in this document by reference. Do not use with other general conditions unless this document is modified. Insight Architects, P.A. 2238 S. Broadway Avenue, Boise, Idaho 83706 Telephone Number: 208-3 3 8-9080 The Owner and Contractor agree as follows. AIA Document A132il - 2000 (folmcrly Al0lilGta - 1992). Copyright @ 1975, 1980, 1992 and 2009 by The American lnstitute of Architec-ts. All rlghtr ra!..vad. WARNING: Thi3 Al,Ao Documenl is protec.ted by U.S. Copyrlght L.w end lntcmational TrGaffca. Unauthorlzed roproduc'tlon or disribution of this AlA. Document, or any portion ot it, may rrsult in rcvere civll and crlminal penaltics, and wlll be proecutcd to the marlmum ertent possiblc under the law. This document was producad by AIA soft\,vere at 13:49:35 Mf on 1211712018 under Order No. 8449633179 rrfiicfi expires on 1212812019, and is not br resale. Urer Not .: (3B9ADA67) 1 lnit. I Meridian City Council Meeting Agenda January 2, 2019 – Page 328 of 576 I meLE oF ARTTcLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT Sutrl 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 MISCELI-ANEOUSPROVISIONS 9 ENUi'ERATION OF CONTRACT DOCUMENTS 1O INSURANCEANDBONDS I e*og*ph Deleted) ARTICLE t THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement, all of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract, together with the performance bond and payment bond, if any, represent the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modihcations, appe:rs in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. Contract Requirements: Provide ell labor, material and equipment required to complete the hollow metal doors and frames, door hardware and glazing as noted in the construction documents and per the following: I fms contract specifically includes but is not limited to: o Furnish and install all doors, frames, and hardware in accordance with construction documents. o Furnish steel window frames (installation by others) o Provide and install insulated glass panels and sliding window system as indicated. r Coordinate with owner for cylinder and keying requirements. . Supply metal frames and anchors to mason for installation in all structural block walls. o Install spray foam insulation in hollow metal frames - typical. o Final adjustment of doors as necessary to meet approval of Owner, Architect and Construction Manager. o Caulking as associated with your work. o Provide and install all prep work within doors and hollow metal frames for all scheduled hardware. This includes welded boxes and raceways in door frames. o Contractors Warranty (standard warranty) on the project is 2 years (minimum) from the date of hnal acceptance in lieu of the 1 year as indicated in the project manual. Refer to the Supplementary General Conditions included in the bid book. Extended warranties will be as noted in the contract documents. This contract specilically excludes: AIA Documcnt A132il - 2000 (fom.rly A101ilCt. - 1992). Copytight O 1975, 1980, 1992 and 2009 by The Anrrican lnstitute of ArEfiitects. All r{ght3 rucrycd. WARNING: This A[Ao Document is protec'tcd by U.S. Gopyright Law and lnlcmational Trretier. lJnauthorized r€productlon or dlcElbution of zthir AlAo Documcnt, or any portion of lt, may rcault in soyrrr clyll and crlmlnal penaltles, and wlll be proseculed to thc marimum erhnt porsiblo undor the law. This document was produced by AIA softmrs at 13:49:35 Mf on 12,17nO18 under Order No. 8449633179 s,trich expirss on 1212U2O19, a d is not frcr r6ale. U3.r Not s: (389A0A67) lnit. I Meridian City Council Meeting Agenda January 2, 2019 – Page 329 of 576 lnit. a Overhead sectional doors. ARTICLE 3 DATE OF COMMENGEMENT AND SUBSTANTIAL COMPLETION $ 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement, if it differs from the date of this Agreement or, if applicable, state that the date will befixed in a notice to proceed.) The commencement date will be hxed in a notice to proceed. If, prior to the commencement of the Work, the Owner requires time to file mortgages, mechanics' liens and other security interests, the Owner's time requirement shall be as follows: The Conkactor shall achieve Substantial Completion of the entire Work not later than June 14, 2019, (Table Deleted) , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to achieve Substantial Completion on time or for bonus payments for early completion of the Work.) In the event the Contractor, without excuse, fails to achieve Substantial Completion within the Contract Time, the Contractor shall pay to the Owner as liquidated damages, and not as a penalty, the sum of One Thousand Dollars ($1,000.00) or Y,o/o of the Contract Value (whichever is greater) for each and every calendar day following the end of the Contract Time until Substantial Completion is achieved; provided that the Contractor shall not be liable for liquidated damages for a day, or days ofthe excusable delay occurring during such period following the end ofthe Conffact Time. ARTICLE4 CONTRACTSUM $ 4.'l The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be one of the following: (Check the appropiate box.) lX ] Stipulated Sum, in accordance with Section 4.2 below t ] Cost of the Work plus the Contractor's Fee without a Guaranteed Maximum Price, in accordance with Section 4.3 below t ] Cost of the Work plus the Contractor's Fee with a Guaranteed Maximum Price, in accordance with Section 4.4 below Al,A Oocumcnt Al32r - 2009 (formerly A10l ilCte - 1002). Copyright @ 1975, 19E0, i992 and 2fi)9 by The American lnstitut€ of Architecc. All rlghttlr .rY.d. WARltllNG: Thit AIA' Documont it protected by U.S. Gopyright Law and lntomational Tr€atl.s. Unauthorlzed ruproduction or dbtributlon of thls AlAo Documont, or any portion ol it, may r€3ult ln sevore clvll and crlminal pcnaH.!, 8nd wlll b6 prcccuted to th. maximum extent posslble under th€ law. This do<rment was ptoducod by AIA softrare at 13:49:35 MT on 12117DO18 under Ord6r No. 8449633179 tr'tridr expires on 1228n019, and is not for resale. Urcr Notcs: (3B9ADA67) 3 $ 3.2 The Contract Time shall be measured from the date of commencement. $ 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than ( ) days from the date of commencement, or as follows: (Insert number of calendar days. Alternatively, a calendar date may be used when coordinated wilh the date of commencement. If appropriate, insert requirements for earlier Subslantial Completion of certain portions of the Work.) I Meridian City Council Meeting Agenda January 2, 2019 – Page 330 of 576 (Based on the selection above, complete Section 4.2, 4. j or 4.4 below. Based on the selection above, also complete either Section 5.1.4, 5.1.5 or 5.1.6 below.) $ '1.2 Stipulated Sum $ 4.2.1 The Stipulated Sum shall be Nine Thousand Six Hundred Forty Dollars andZero Cents ($ 9,640.00 ), subject to additions and deletions as provided in the Contract Documents. $ 4.2.2 The Stipulated Sum is based on the following altemates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identi/ication of accepted alternales. If the bidding or proposal documents permit the Owner to accept other alteraates subsequent to the execution of this Agreement, attach a schedule of such other alternales showing the amountfor each and the date when that amount expires.) $ 4.2.3 Unit prices, if any: (Identify and state the unit pice, and state the quantity limitations, if any, to which the unit pice will be applicable.) Item Units and Limitations Price per Unit ($0.00) $ 4.2.4 Allowances included in the Stipulated Sum, if any: (Identify allowance and state exclusions, tf any, from the allowance price.) Allowance I gr*grophs Deleted) I p*ogroph Deleted) I Tearagraph DeteteQ (Paragraphs Deleted) (Table Deleted) I g*agrophs Deleted) Item lnit.or4 User Notes: (3B9ADA67) is Meridian City Council Meeting Agenda January 2, 2019 – Page 331 of 576 I lforogroph Deleted) I gorogroph Deleted) (Paragraphs Deleted) (Table Deleted) I e*ogroph Deleted) I garagraph Deleted) I g*ogroph Deleted) (Paragraphs Deleted) (Table Deleted) I earograph Deleted) ARTICLEs PAYMENTS $ 5.1 Progrcss Payments $ 5.1.1 Based upon Applications for Payment properly submitted to the Constnrction Manager by the Contractor, and upon certification of the Project Application and Project Certificate for Payment or Application for Payment and Certificate for Payment by the Construction Manager and Architect and issuance by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. $ 5'.l.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: $ 5.1'3 Provided that an Application for Payment is received by the Construction Manager not later than the Twenty-fifth day of a month, the Owner shall make payment of the certihed amount in the Appication for payment to the lnit. Uler l{otor: (3B9ADA67) 5 Meridian City Council Meeting Agenda January 2, 2019 – Page 332 of 576 lnit. Conhactor not later than the Twenty-fifth day of the following month. If an Application for Paynent is received by the Construction Manager after the application date hxed above, payment shall be made by the Ovrner not later than Thirty ( 30 ) days after the Construction Manager receives the Application for Payment. (Federal, state or local laws may require payment within a certain period of time.) $ 5.1.4 Progress Payments Where the Contraet Sum is Based on a Stipulated Sum S 5.1.4.1 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor and approved in writing by the Construction Manager and Architect in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Construction Manager and Architect may require. This schedule, when, and only when, approved in writing by the Construction Manager or Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. S 5.1.1.2 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. $ 5.1.4.3 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the approved schedule of values, less retainage of Five percent ( 5.00 %). Pending hnal determination of cost to the Owner of changes in the Work, amounts not in dispute may be included as provided in Section 7.3.9 of the General Conditions, as modihed; ,2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, ifapproved in writing in advance by the Owner, suitably stored offthe site at a location agreed upon in writing), less retainage of Five percent ( 5.00 %); .3 Subtract the aggregate of previous pa)rments made by the Owner; .4 Subtract amounts, if any, for which the Construction Manager or Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of the General Conditions, as modified; and .5 Subtract amounts, if any, being withheld by the Owner or Construction Manager as provided in the Contract Documents. S 5.1.4.4 The progress payment amount determined in accordance with Section 5.1.4.3 shall be further modified under the following circumstances: .l Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to Ninety-five percent ( 95.00 Yo) of the Contract Sum, less such amounts as the Construction Manager recommends and the Architect determines for incomplete or defective Work, or both and unsettled claims; and ,2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Section 9.10.3 of the General Conditions, as modified. S 5.1.4.5 Reduction or limitation of retainage, if any, shall be as follows: (If it is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resultingfrom the percentages inserted in Sections 5. I .4.3. I and 5. I .4.3.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) No reduction in retainage will be allowed prior to hnal completion without written approval of the Owner. $ 5.1.{.6 A condition will be included forbidding more retainage from a contractor or supplier than retained from their portion of the Work. (Paragraphs Deleted) AIA Documcnt A132il - 2000 (form.tly Al0lilCtr - 1902). Copyright @ 1975, '1980, 1992 and 2009 by The Amorican lmtituie of Anfiitects. All rlghtr Er.rv.d. WARNING: This Al,A. Documont ir protect d by U.S. Copydght Law and lntematlonal Trcatlcs. Unauthorizcd reproduction or distrlbution of this AlAs Documonl, or any pottion ot il, may r€sult ln soyerc clvll and criminal pcnahlcs, and will b. pro6.cut.d to the maximum ext nt po3rlble under tfie law. This dooment was produced by AIA softrare at 13:49:35 MT on 12117112018 under Order No. 8449633179 s,trich expiras on 1A2U2O19, andis not for resale. Urcr Notcr: (3B9ADA67) 6 I Meridian City Council Meeting Agenda January 2, 2019 – Page 333 of 576 (Paragraphs Deleted) (Paragraphs Deleted) $ 5.2 Final Payment $ 5.2.1 Final payment, constituting the entire unpaid balance of the Confiact Sum, shall be made by the Owner to the Contractor when .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2 of NA Document A232-2009 as modified, and to satisfu other requirements, if any, which extend beyond final payment; .2 the Contractor has submitted a final accounting for the Cost of the Work, pursuant to Exhibit A, Determination of the Cost of the Work when payment is on the basis of the Cost of the Work, with or without a Guaranteed Maximum payment; and .3 a final Certificate for Payment or Project Certificate for Payment has been issued by the Architect; such final payment shall be made by the Owner not more than 30 days after (l) the Contractor has fully performed the Contract and (2) the issuance of the hnal Certificate for Payment or Project Certificate for Payment, or as follows: ARTICLE 6 DISPUTE RESOLUTION $ 6.1 lnitial Decision Maker The Architect will serve as Initial Decision Maker pursuant to Section 15.2 of AIA Document A232-2009 as modified, unless the parties appoint below another individual, not a party to this Agreement, to serye as Initial Decision Maker. (If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if other than the Architect.) $ 6.2 Binding Dispute Resolution For any Claim subject to, but not resolved by, mediation pursuant to Section 15.3 of AIA Document A232-2009 as modified, the method of binding dispute resolution shall be as follows: (Check the appropriate box. If the Owner and Contractor do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court of competent jurisdiction.) t 1 Arbitration pursuant to Section 15.4 of AIA Document A2321009. I X ] Litigation in a court of competent jurisdiction. t I Other: (Specifu) ARTICLE 7 TER]UIINATION OR SUSPENSION $ 7.1 Wherc the Contract Sum is a Stipulated Sum $ 7.1.1 The Contract may be terminated by the Owner or the Contractor as provided in Article t4 of AIA Document 4232-2009 as modified. AIA Documcnt A132il - 2009 (formcrly A10l ilCila - 1992). Copyright @ ,1975, 1980, 1992 and 2009 by The American lnstitute of Architects. All rlghtstrt.ruod. WARNING: This AlAo Documant is protected by U.S. Copyrighl Law and lnbmational Treatio!. Unadhorized r.production or dicEiLution of this AlAo Document, or any portion of it, may result in severs civil and criminal penaltie!, and will be procecuted to the maximum extent porcible undor the law. This document was produced by AIA softivare at 13:49:35 MT on 1217112018 under Order No. 8449633179 $fiicfi expires on 1|2l2$j211g, ar|d is not for resale. lnit. Usor Notor:(3B9ADA67) 7 I Meridian City Council Meeting Agenda January 2, 2019 – Page 334 of 576 $ 7.1.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document 4232-20O9 as modified. I p*ogrophs Deleted) ARTICLE 8 MISCELLANEOUS PROVISIONS $ 8.1 Where reference is made in this Agreement to a provision of AIA Document A232-2009 as modified or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. $ 8.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate ofinterest agreed upon, ifany) 5/8 of lYo per month $ 8.3 The Owner's representative: (Name, address and other information) Mike Barton, Parks Superintendent City of Meridian Parks and Recreation Department 33 East Broadway Avenue, Suite 206 Meridian, Idaho 83642 $ 8.tl The Contractor's representative: (Name, address and other information) Stewart Jensen 2667 S. Victory View Way, Boise, Idaho 83709 Telephone Number: 208-287 -367 6 Fax Number: 208-287 -367 9 Mobile Number: 208-954-2553 I email Address: stewart@dadoor.net $ 8.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. $ 8.6 Other provisions: ARTICLE 9 ENUTIERATION OF CONTRACT DOGUMENTS $ 9'1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated inthe sections below. lnlt. Urer Notec: (3B9ADA67) of8 Meridian City Council Meeting Agenda January 2, 2019 – Page 335 of 576 $ 9.1.1 The Agreement is this executed AIA Documeit A132_2009 as modified, Standard Form of Agreement Between Owner and Contractor, Construction Manager as Adviser Edition. $ 9.1.2 The General Conditions are, AIA Document A232-2009 as modified, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition. $ 9.1.3 The Supplementary and other Conditions of the Contract: Document Title Exhibit A Contract Document Schedule One Two Date December 13, 2018 Pages I $ 9,1.4 The Specifications: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Title of Specifications exhibit: Confiact Document Schedule, Exhibit A, dated December 13, 2018 I g"tle Deleted) $ 9.1.5 The Drawings: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Title of Drawings exhibit: Contract Document Schedule, Exhibit A, dated December 13, 2018 (Table Deleted) $ 9.1.6 The Addenda, if any: Number Date December 3, 2018 December 7,2018 Pages 8 2 Portions of Addenda relating to bidding requirements are not part of the ConEact Documents unless the bidding requirements are also enumerated in this Article 9. S 9.1.7 Additional documents, if any, forming part of the Confiact Documents are: .1 AIA Document Al32rM-2009, Exhibit A, Determination of the Cost of the Work, if applicable. .2 AIA Document E201rL2007, Digital Data Protocol Exhibit, if completed, or the following: .3 AIA DocumentB202ru-2008, Building Information Modeling Protocol Exhibit, if completed, or the following: .4 Other documents, if any, listed below: (List here any additional documents which are intended toform part of the Contract Documents. AIA Documenl A2 j2-2009 provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sampleforms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents.) lnit. User Notes: (3B9ADA67) ofg Meridian City Council Meeting Agenda January 2, 2019 – Page 336 of 576 All binding documents including the Invitation to Bid, Instructions to Bidders, Supplemental Instructions to Bidders, Bid Proposal Forms, and the Project Schedule are intended to be part of the Contract Documents. AIA Document A232-2009 General Conditions Exhibit A, Contract Document Schedule dated December 13, 2018 ARTICLE 10 INSURANCE AND BONDS The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article I 1 of AIA Document A232-2009 as modified Refer to Supplemental Conditions modifying AIA Document A232-2009 for changes and additions to Article 11 "Insurance and Bonds ". Contractor is required to provide 100% Payment and Performance Bonds. (Table Deleted) This Agreement is entered into as of the day and year first written above. OWNER(Sign ure) Tammy de Wtcrd, Mayor Elio, (Printed nan and title) C0NTRACT0R(S)gnatu Stewart Jensen, President J) ewavr J�Aq gon - (Printed name and title) Inst. AIA Document A132- —2009 (formerly A101 T CIMa —1992). Copyright ®1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA• Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 10 this AIA* Document, or any portion of tt, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible / under the law. This document was produced by AIA software at 13:49:35 MT on 12/1712018 under Order No. 8449633179 which expires on 12/28/2019, and is not for resale. User Notes: (3B9ADA67) EXHIBIT A CONTRACT DOCUMENT SCHEDULE CITY OF MERIDIAN DISCOVERY PARK SHOP BUILDING 2121 E. LAKE HAZEL ROAD MERIDIAN, IDAHO 83642 KC PROJECT NO. 16-080 December 13,2018 PROJECT DOCUMENTS as issued by lnsight Architects and prepared by the following project team: Architect - lnsight Architects MEP Engineer - Musgrove Engineering, P.A. Structural Engineer - Structural Edge Civililandscape Architect - The Land Group, lnc. Construction Manager - Kreizenbeck, LLC dba Kreizenbeck Constructors ADDENDUMS Addendum No. One dated December 3, 2018 Addendum No. Two dated December7,2018 PROJECT MANUAL lnstructions to Bidders, Volume 1 of 1 Complete - dated November 09, 2018 DRAWINGS - Dated 1111912018 ARCHITECTURAL A0.1 CoverSheetA3.1 Roof & RCP PlansA5.1 Sections & Details 51 .1 Structural Details & Notes MECHANICAL M0.0 Mechanical Cover SheetM1.0 Mechanical Plan ELECTRICAL E0.0 Electrical Cover SheetE0.2 Electrical SpecsE1.0 Electrical Plans CIVIL FOR REFERENCE ONLY C2.10 Material Area J C2.3O Layout Area J C2.57 Site Section / Details C4.17 Grading Area L M A4 A6 M0.1 M2.0 Floor & FND Plans Exterior Elevations Door & Finish Schedules Mechanical Specs Mechanical Schedules & Details Lighting Compliance Forms Electrical Specs Electrical Schedules Material Area L Layout Area L Grading Area J E0.1 E0.3 E2.0 c2.17 c2.33 c4.10 Discovery Park Shop Building Page 1 of 1 December 13, 2018 Meridian City Council Meeting Agenda January 2, 2019 – Page 338 of 576 Bid Package No. 6 - Sectional Doors AGREETIENT made as of the Fourteenth day of December in the year Two Thousand Eighteen (In words, indicate day, month and year.) BETWEEN the Owner: (Name, legal status, address and other information) City of Meridian 33 East Broadway Avenue Meridian,Idaho 83642 and the Contractor: Qtlame, legal status, address and other information) Overhead Door, Inc. 621 N. Allumbaugh Street, Boise, Idaho 83704 Telephone Number: 208-37 5-0137 Fax Number: 208-375-1381 Kreizenbeck, LLC DBA Kreizenbeck Constructors I 1724 W est Executive Drive, Boise, Idaho 83713 Telephone Number: (208) 336-9500 Fax Number: (208) 336-7 444 The Architect: (Name, legal status, address and other information) ADDITIOIIIS 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 attomey is encouraged with respect to its completion or modification. This document is intended to be used in conjunction with AIA Documents M32N -2009, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition: 8132n-2009, Standard Form of Agreement Between Owner and Architect, Construction Manager as Adviser Edition; and Cl 32n-2009, Standard Form of Agreement Between O,vner and Construction Manager as Adviser. AIA Document A232n-2009 is adopted in this document by reference. Do not use with other general conditions unless this document is modified. Insight Architects, P.A. 2238 S. Broadway Avenue, Boise, Idaho 83706 Telephone Number: 208-3 3 8-9080 The Owner and Contractor agree as follows. AIA Documcnt Al32r - 2009 (fom.rly Al0lilCte - 1002). Copyright @ 1975, 1980, 1992 and 2009 by The American lnsftute of Anfiitects. All rightt rrrrvcd. YYARNING: This AlAo Document ls protectrd by U.S. Copyrlght Law and lntematlonal Trcatler. Unauthorlzed roproduction or dirtrlbutlon of this AlAo Docum.nt, or any portion of it, mey rrruh ln r.v.ru civil and crimlnal penaltica, end wlll bc proocuted to tha marlmum ext nt pocsibl. und.r th. law. This docrment was prcducad by AIA sofrs/aro at 'l 1:10:02 MT on 12117n018 under Ord6r No. 8449633179 s,hicfi oxpiros on 12nU2019, and is not br resale. Urr Notcc: (3B9ADA53) 1 lnit. Standard Form of Agreement Between Owner and Contractor,Construction Manager as Adviser Edition for the following Project: Q,Iame, location and detailed desciption) City of Meridian - Discovery Park Shop Building 2l2l East Lake Hazel Road in Meridian, Idaho 83642 The work involves construction of a new 2,240 SF shop building The Construction Manager: (Name, legal status, address and other information) I Meridian City Council Meeting Agenda January 2, 2019 – Page 339 of 576 I meLE oF ARTTcLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACTSUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 9 ENUMERATION OF CONTRACT DOCUMENTS 1() INSURANCE AND BONDS I g*ogroph Deleted) ARTICLE 1 THE CONTRACT DOCUTIENTS The Conffact Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specihcations, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement, all of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract, together with the performance bond and payment bond, if any, represent the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. Contract Requirements: Provide all lebor, material and equipment required for the complete installation of the overhead sectional doors and hardware as noted in the construction documents end per the following: I fnis contract specifically includes but is not limited to: . Fumish and install all overhead sectional doors and associated hardware in accordance with construction documents. Include glazed sections as shown.. Fumish and install door operators and accessories where indicated.e Install all raceways and low voltage wiring as required for the complete installation. (Note: all wiring to be concealed) o Coordinate track layout with mechanical and electrical frades prior to installation of any system.o Provide all anchors, fasteners and connectors to install complete and operable overhead sectional doors.o Final adjustment of doors as necessary to meet approval of Owner, Architect & Construction Manager.o Caulking as associated with your work.o Contractors Warranty (standard warranty) on the project is 2 years (minimum) from the date of final acceptance in lieu of the I year as indicated in the project manual. Refer to the Supplementary General Conditions included in the bid book. Extended warranties will be as noted in the contract documents. lnit. User Notos:(3B9ADA53) of2 8 MISCELI-ANEOUSPROVISIONS Meridian City Council Meeting Agenda January 2, 2019 – Page 340 of 576 ARTICLE 3 DATE OF COMTIENCEMENT AND SUBSTANTIAL COMPLETION $ 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (lnsert the date of commencement, if it difers from the date of this Agreement or, if applicable, state that the date will be fixed in a notice to proceed.) The commencement date will be fixed in a notice to proceed. If, prior to the commencement of the Work, the Owner requires time to hle mortgages, mechanics' liens and other security interests, the Owner's time requirement shall be as follows: $ 3.2 The Contract Time shall be measured from the date of commencement. $ 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than ( ) days from the date of commencement, or as follows: (Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of commencement. If appropiate, insert requirements for earlier Substantial Completion of certain portions of the Work.) The Contractor shall achieve Substantial Completion of the entire Work not later than June 14, 2019. (Table Deleted) , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to achieye Substantial Completion on time or for bonus payments for early completion of the Work.) In the event the Contractor, without excuse, fails to achieve Substantial Completion within the Contract Time, the Contractor shall pay to the Owner as liquidated damages, and not as a penalty, the sum of One Thousand Dollars ($1,000.00) or YnYo of the Contract Value (whichever is greater) for each and every calendar day following the end of the Contract Time until Substantial Completion is achieved; provided that the Contractor shall not be liable for liquidated damages for a day, or days ofthe excusable delay occurring during such period following the end ofthe Confiact Time. ARTICLE4 CONTRACTSUilI $ 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be one of the following: (Check the appropiate box.) t X ] Stipulated Sum, in accordance with Section 4.2 below t ] Cost of the Work plus the ConEactor's Fee without a Guaranteed Maximum Price, in accordance with Section 4.3 below t 1 Cost of the Work plus the Contractor's Fee with a Guaranteed Maximum Price, in accordance with Section 4.4 below (Based on the selection above, complete Section 4.2, 4.3 or 4.4 below. Based on the selection above, also complete either Section 5.1.4, 5.1.5 or 5.1.6 below.) AIA Oocumcnt A132r - 2009 (form.rly Al0lrct. - 1902). Copyright @ 1975, 1980, 1992 and 2009 by The American tnstitute of Architec{s. Ail rtghtrE3e7v.d' WARNING: Thir AIA' _Docum.nt Is protec{ed by U.S. copyrlght Law and lnt malional Trcatie!. Unauthorlz.d reproduction or distriiution ofthls AIA' 9*1I.t*' or any portion of lt, may rccult in aGvors civil ind-crlminal penaltie!, and wlll bo prosccuted to the maximum exterit poulbleund..thelaw.ThisdocumentwaspmducedbyAlAsoftmreatll:'10:02MTon12ll7l2O18underOrderNo.844g6illi79whidrexpireson 1z2gi2}1g,andisnot for resale. Urcr Nolar: (3B9ADA53) 3 lnit. I Meridian City Council Meeting Agenda January 2, 2019 – Page 341 of 576 $ tl.2 Stipulated Sum $ 4.2.1 The Stipulated Sum shall be Nine Thousand Seventy-Five Dollars andZero Cents ($ 9,075.00 ), subject to additions and deletions as provided in the Contract Documents. $ 4.2.2 The Stipulated Sum is based on the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepled alteraates. If the bidding or proposal documents permit the Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amountfor each and the date when lhat amount expires.) $ 4.2.3 Unit prices, if any: Qdentify and state the unit pice, and state the quantity limitations, if any, to which the unit price will be applicable.) Units and Limitations Price per Unit ($0.00) $ 4.2.4 Allowances included in the Stipulated Sum, if any: (Identify allowance and slate exclusions, f any, from the allowance pice.) Item Allowance I g*ogrophs Deleted) I earagraph Deleted) I earagraph Deteted) (Paragraphs Deleted) (Table Deleted) I p*ogrophs Deleted) (Paragraph Deleted) lnit. Uror Note3:(3B9ADA53) of4 isI Meridian City Council Meeting Agenda January 2, 2019 – Page 342 of 576 I paragraph Deteted) (Paragraphs Deleted) (Table Deleted) I g*ogroph Deleted) I earagraph Deleted) I lPoragraph Deleted) (Paragraphs Deleted) (Tabte Deleted) I p*ogroph Deleted) ARTICLE 5 PAYMENTS $ 5.1 Progress Payments $ 5.1.1 Based upon Applications for Payment properly submitted to the Construction Manager by the Contractor, and upon certification of the Project Application and Project Certificate for Payment or Application for Payment and Certihcate for Payment by the Construction Manager and Architect and issuance by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. $ 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: $ 5.1.3 Provided that an Application for Payment is received by the Construction Manager not later than the Twenty- fifth day of a month, the Owner shall make payment of the certified amount in the Application for Payment to the Contractor not later than the Twenty-fifth day of the following month. If an Application for Payment is received by AIA Documcnt Al32r - 2000 (form.rly Al0{rctt - 1992). Copyright @ 1975, 1980, '1992 and 2009 by The American lmtitute of Architacls. All rlghtrrlr.ilcd. WARI{ING: This A[A' Document i3 protccted by U.S. Copyrlg]rt Law and lnbmatlonal Treatlca. Unauthorized reproduction or dlstribution of 5this AlA. Document or any portion of lt, may raruh in c.vcru civil and criminel p.nalties, and wlll bo promcutcd to the rnarlmum exbnt po$lblo undor the law. This document was produced by AIA softrare al ll:10:02 MT on 1211712018 under Order No. 8449633179 sfiicfi expires on 1212U2019, and is not for resale. Urcr Notcs: (3B9ADA53) lnit. I Meridian City Council Meeting Agenda January 2, 2019 – Page 343 of 576 the Construction Manager after the application date hxed above, payment shall be made by the Owner not later than Thirty ( 30 ) days after the Construction Manager receives the Application for Payment. (Federal, state or local laws may require payment within a certain period of time.) $ 5.1.4 Progress Payments Where the Contract Sum is Based on a Stipulated Sum $ 5.1.4.1 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor and approved in writing by the Construction Manager and Architect in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Construction Manager and Architect may require. This schedule, when, and only when, approved in writing by the Construction Manager or Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. S 5.1.4.2 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. $ 5.1.4.3 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the approved schedule of values, less retainage of Five percent ( 5.00 %). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included as provided in Section 7.3.9 of the General Conditions, as modified; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, ifapproved in writing in advance by the Owner, suitably stored offthe site at a location agreed upon in writing), less retainage of Five percent ( 5.00 %); .3 Subtract the aggregate of previous payments made by the Owner; .4 Subfact amounts, if any, for which the Construction Manager or Architect has withheld or nullihed a Certificate for Payment as provided in Section 9.5 of the General Conditions, as modified; and .5 Subtract amounts, if any, being withheld by the Owner or Construction Manager as provided in the Contract Documents. S 5.,l.1.1 The progress payment amount determined in accordance with Section 5. I .4.3 shall be further modified under the following circumstances: .1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to Ninety-five percent ( 95.00 %) of the Contract Sum, less such amounts as the Construction Manager recommends and the Architect determines for incomplete or defective Work, or both and unsettled claims; and .2 Add, if flrnal completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Section 9.10.3 of the General Conditions, as modified. S 5.1.1.5 Reduction or limitation of retainage, if any, shall be as follows: (If it is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resultingfrom the percentages inserted in Sections 5.1.4.3. I and 5.1.4.3.2 above, and this is not explained elsewhere in the Contract Documents, inserl here provisions for such reduction or limitation.) No reduction in retainage will be allowed prior to final completion without written approval of the Owner. $ 5.1.1.6 A condition will be included forbidding more retainage from a conffactor or supplier than retained from their portion of the Work. | 1Po*graphs Deleted) AIA Document A132r - 2009 (form.rly Ai01 rereryed. ITARN|NG: This AlAo Document iS ilCma - 1992). Copyright @ t gZS, t SeO, protected by U.S. Copyrlght Law and I 1 992 and 2009 by The American tnstitute of Architects.lnt matlonel Trlatlc. Unauthorized rrproduc{lon or All rightr distribution ofthis AlA. Documcnt or any portlon of il,may ]lsult in 3aYaE under the law. This document was not for resale. ciyil and criminal ponalties, and wlll bo pro3ecutod to tho maximum enont possible 1 :10:02 MT on 1211712018 under Order No. 8449633179 which expires on 1z2gi2}1g, and is lnit. User Notes: produced by AIA soft\,vare at 1 (3B9ADA53) 6 Meridian City Council Meeting Agenda January 2, 2019 – Page 344 of 576 I po*grophs Deleted) I lfaragraphs Deteted) $ 5.2 Final Payment $ 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the ConEactor when .'l the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2 of NA Document A232-2009 as modified, and to satisfi other requirements, if any, which extend beyond final payment; .2 the Contractor has submitted a final accounting for the Cost of the Work, pursuant to Exhibit A, Determination of the Cost of the Work when payment is on the basis of the Cost of the Work, with or without a Guaranteed Maximum payment; and .3 a final Certificate for Payment or Project Certificate for Payment has been issued by the Architect; such final payment shall be made by the Owner not more than 30 days after (l) the Contractor has fully performed the Contract and (2) the issuance of the final Certificate for Payment or Project Certificate for Payment, or as follows: ARTICLE 6 DISPUTE RESOLUTION $ 6.1 lnitial Decision Maker The Architect will serve as Initial Decision Maker pursuant to Section 15.2 of AIA Document A232-2009 as modified, unless the parties appoint below another individual, not a party to this Agreement, to serye as Initial Decision Maker. (If the parties mutually agree, insert lhe name, address and other contact information of the Initial Decision Maker, if other than the Architect.) $ 6.2 Binding Dispute Resolution For any Claim subject to, but not resolved by, mediation pursuant to Section 15.3 of AIA Document A232-2009 as modified, the method of binding dispute resolution shall be as follows: (Check the appropriate box. If the Owner and Contraclor 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.) I ] Arbitration pursuant to Section 15.4 of AIA Document A232-2009 t X ] Litigation in a court of competent jurisdiction. t ] Other: (Specify) ARTICLE 7 TER]UIINATION OR SUSPENSION $ 7.1 Where the Contract Sum is a Stipulated Sum $ 7.1.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A232-2009 as modified. AIA Documcnt A132il - 2009 (formcrly Al0l ilCtt - 1992). Copyright @ 1975, 1980, 1992 and 2009 by The American lnstitute of Architects. All rightg rccerued. WARMNG: Thb AlA. Documcnl 13 prot cted by U.S. Copyright Lew and lntematlonal Troatlcs. Unauthorized rrproductlon or dirtribution of this AlAo Document, or any portion of it, may rcruh ln reyelr civil and crlmlnal penaltios, and wlll bc prGccuted to tlie maximum crtcnt pocsible und€r th6 law. This docum€nt was poduced by AIA softrare at 11:10:02 MT on 121171'12018 under Order No. 8449633179 vt,hich expiros on 12J2U2O19, and is not for resale. Urerl{otcr: (3B9ADA53) 7 lnit. I Meridian City Council Meeting Agenda January 2, 2019 – Page 345 of 576 $ 7.1.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A232-2009 as modified. I g*ogrophs Deleted) ARTICLE 8 MISCELI.ANEOUS PROVISIONS $ 8.'l Where reference is made in this Agreement to a provision of AIA Document A232-2009 as modified or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. $ 8.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate ofinterest agreed upon, ifany.) 518 of l%o per month $ 8.3 The Owner's representative: (Name, address and other information) Mike Barton, Parks Superintendent City of Meridian Parks and Recreation Department 33 East Broadway Avenue, Suite 206 Meridian, Idaho 83642 $ 8.4 The Contractor's representative: (Name, address and other information) Patrick Tomisser 621N. Allumbaugh Sheeet, Boise, Idaho 83704 Telephone Number: 208-37 5-0137 Fax Number: 208-375-1381 Mobile Number: 208-794-6042 I e-"il Address: pattom@overheaddoorinc.com $ 8.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. $ 8.6 Other provisions: ARTICLE 9 ENUilIERATION OF CONTRACT OOCUTIENTS $ 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated in the sections below. AIA Documcnt A132il - m09 (form.tly Al01ilCt. - f 9e2). Copyright @ 1975, 1980, 1992 and 2@9 by The American lnstitrrts of Ardritscls. All rishtr rrrcrved. WARNING: This AlA. Documont 13 prot6cted by U.S. Gopyrlght Law and lntcmational Treatlcs. Unauthodz.d Bproductlon or dlrHbutlon of Ethls AlAo Document, or any pordon of it, may r€rult ln 3.veru clyil and crlmlnal peneltlca, and wlll be procccut d to th. marlmum exbnt po3slbla under the law. This dooJment was producad by AIA sofi$/ara at 1 1:10:02 MT on 12l17nO1A under Oder No. 8449633179 wtricfi expires on 1212U2019, andis not for resale. Urcr Notcr: (3B9ADA53) lnit. I Meridian City Council Meeting Agenda January 2, 2019 – Page 346 of 576 $ 9.1.1 The Agreement is this executed AIA Document A132-2009 as modified, Standard Form of Agreement Between Owner and Contractor, Construction Manager as Adviser Edition. $ 9.'1.2 The General Conditions are, AIA Document A232-2009 as modified, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition. $ 9.1.3 The Supplementary and other Conditions of the Contract: Document Title Exhibit A Contract Document Schedule One Two Date December 13,2018 Pages 1 ! 9.,l.4 The Specifications: (Either list the Specifcations here or refer to an exhibit attached to this Agreement.) Title of Specihcations exhibit: Contract Document Schedule, Exhibit A, dated December 13, 2018 Sable Deleted) $ 9.1.5 The Drawings: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Title of Drawings exhibit: Contract Document Schedule, Exhibit A, dated December 13, 2018 (Table Deleted) $ 9.1.6 The Addenda, if any: Number Date Pages December 3, 2018 December 7,2018 8 2 Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. $ 9.1.7 Additional documents, if any, forming part of the Contract Documents are: .1 AIA Document Al32rM-2009, Exhibit A, Determination of the Cost of the Work, if applicable. .2 AIA Document E201rM-2007, Digital Data Protocol Exhibit, if completed, or the following: .3 AIA Document E202rL2008, Building Information Modeling Protocol Exhibit, if completed, or the following: .4 Other documents, if any, listed below: (List here any additional documents which are intended toform part of the Contract Documents. AIA Document 4232-2009 provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sampleforms and the Contractor's bid are not part of the Contract Doctments unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents.) AIA Documcnt A132c - 2009 (formerly Al0lrGtt - 1992). Copyright @ 1975, 1980, 1992 and 2009 by The American lnstitute of Architects. A[ rtghtrtr3€rv.d. WARNING: This Al,A' Document is protcctcd by U.S. Copyrlght Law and lntemational Tr6atio!. Unagthorlz.d rcproduction or dtrgfilrtion ofthis AlAo Document, or any portion ot lt may rc3ult ln tGverc clvll and cdminal pcnahies, and wlll b6 prosecuted to thc merlmum extent po33ibloundertholaw'ThisdocumentwasptoducedbyAlAsoftrrareatll:10:02MTon1zfinc1|BunderOrderNo.8449633179whicfiexpirsson nf2$i2}jg,andis not br resale. Urcr l{otar: (3B9ADA53) 9 lnit. I Meridian City Council Meeting Agenda January 2, 2019 – Page 347 of 576 All binding documents including the Invitation to Bid, Instructions to Bidders, Supplemental Instructions to Bidders, Bid Proposal Forms, and the Project Schedule are intended to be part of the Contract Documents. AIA Document A232-2009 General Conditions Exhibit A, Contract Document Schedule dated December 13, 2018 ARTICLE 10 INSURANCE AND BONDS The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article 11 of AIA Document A232-2009 as modified Refer to Supplemental Conditions modifying AIA Document A232-2009 for changes and additions to Article I1 "Insurance and Bonds ". Contractor is required to provide 100% Payment and Performance Bonds. (Table Deleted) This Agreement is entered into as of the day and year first written ab OWNER(Sign tire CONTRACTOR(Signature) Tanury de , Mayor Patrick Tomisser, Project Manager / Estimator � amp I de L) Pei , Vaijor (Printed nate and title) 1-3 (Printed name and title) Inst. AIA Document A732r — 2009 (formerly A101 r" CIYIa —1992). Copyright® 1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights reseryed. WARNING: This AIA* Document is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or distribution of 10 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 1 under the law. This document was produced by AIA software at 11:10:02 MT on 12/17/2018 under Omer No. 8449633179 which expires on 12128/2019, and is not for resale. User Notes: (3B9ADA53) a EXHIBIT A CONTRACT DOCUMENT SCHEDULE CITY OF MERIDIAN DISCOVERY PARK SHOP BUILDING 2121 E. LAKE HAZEL ROAD MERIDIAN, IDAHO 83642 KC PROJECT NO. 16-080 December 13,2018 PROJECT DOCUMENTS as issued by lnsight Architects and prepared by the following project team: Architect - lnsight Architects MEP Engineer - Musgrove Engineering, P.A. Structural Engineer - Structural Edge Civil/Landscape Architect - The Land Group, lnc. Construction Manager - Kreizenbeck, LLC dba Kreizenbeck Constructors ADDENDUMS Addendum No. One dated December 3, 2018 Addendum No. Two dated December7,2018 PROJECT MANUAL lnstructions to Bidders, Volume 1 of 1 Complete - dated November 09, 2018 DRAWINGS - Dated 1111912018 ARCHITECTURAL A0.1 Cover Sheet43.1 Roof & RCP PlansA5.1 Sections & Details 51.1 Structural Details & Notes MECHANICAL M0.0 Mechanical Cover SheetM1.0 Mechanical Plan ELECTR!CAL E0.0 Electrical Cover SheetE0.2 Electrical SpecsE1.0 Electrical Plans CIVIL FOR REFERENCE ONLY C2.1O Material Area J C2.3O Layout Area J C2.57 Site Section / Details C4.17 Grading Area L M.1 44.1 46.1 M0.1 M2.0 Floor & FND Plans Exterior Elevations Door & Finish Schedules Mechanical Specs Mechanical Schedules & Details Lighting Compliance Forms Electrical Specs Electrical Schedules Material Area L Layout Area L Grading Area J E0.1 E0.3 E2.0 c2.17 c2.33 c4.10 Discovery Park Shop Building Page 1 of 1 December 13,2O18 Meridian City Council Meeting Agenda January 2, 2019 – Page 349 of 576 =WAIA Document A132- - 2tltlg Standard Form of Agreement Between Owner and Contractor,Construction Manager as Adyiser Edition Bid Package No. 7 - lnsulation & Drywall Assemblies AGREEMENT made as of the Fourteenth day of December in the year Two Thousand Eighteen (In words, indicate day, month and year.) BETWEEN the Owner: Qtlame, legal status, address and other information) City of Meridian 33 East Broadway Avenue Meridian, Idaho 83642 and the Contractor: Q,{ame, legal status, address and other information) Precision Steel & Gypsum, Inc. 274 North Maple Grove, Suite l0l, Boise, Idaho 837(X Telephone Number: 208-37 5-3166 Fax Number: 208-37 5-3172 for the following Project: (Name, location and detailed description) City of Meridian - Discovery Park Shop Building 2l2l East Lake Hazel Road in Meridian, Idaho 83642 The work involves construction of a new 2,240 SF shop building The Construction Manager: (Name, legal status, address and other information) Kreizenbeck, LLC DBA Kreizenbeck Constructors I1724 West Executive Drive, Boise, Idaho 83713 Telephone Number: (208) 336-9500 Fax Number: (208) 336-7 444 The Architect: (Name, legal status, address and other information) Insight Architects, P.A. 2238 S. Broadway Avenue, Boise, Idaho 83706 Telephone Number: 208-3 38-9080 The Owner and Contractor agree as follows. ADDITIONS AND OELETIONS: 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 Reporf 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 attomey is encouraged with respect to its completion or modification. This document is intended to be used in conjunction with AIA Documents A232 n-2009, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition; B132il-2009, Standard Form of Agreement Between O,vner and Architect, Construction Manager as Adviser Edition; and C1 32 il-2009, Standard Form of Agreement Between Oi/ner and Construction Manager as Adviser. AIA Document A232ru-2009 is adopted in this document by reference. Do not use with other general conditions unless this document is modified. lnit. 1 Al,A Docum.nt A132il - 2009 (formcrly Al0lnCta - 1902). Copyright @ 1975, 1980, 1992 and 2009 by The American lnstitute of Architecls. All rights rorcrvcd. WARNING: Thic Al,Aa Document is protoctod by U.S. Copyright Law and lnbmatlonal Treatics. Unauthorlzed r€produc.tion or dlsEibutlon of this AlA. Document, or any portion of lt, may rutuh in s.v.ro clvil and criminal p€naltlcs, and wlll bG prosecuted to tho maxlmum ext nt Postible under tho law. This documeni was produced bt AIA softuraro at '12:3'l :19 MI on 1211712O18 under Order No. 8449633179 rr'hicft expires on 1212U2O19, a d is not fur r€sale. ulorNot'r: (3B9ADA5F) Meridian City Council Meeting Agenda January 2, 2019 – Page 350 of 576 lnit. TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF GOMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACTSUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUSPROVISIONS 9 ENUTIERATION OF CONTRACT DOCUMENTS 10 INSURANCEANDBONDS (Paragraph Deleted) ARTICLE 1 THE CONTRACT DOCU]UIENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement, all of which form the Confiact, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract, together with the performance bond and payment bond, if any, represent the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. Contract Requiremenb: Provide ell lebor, meterials and equipment required to complete the insulation, vapor barrier and gypsum board as noted in the construction documents and per the following: This contract specffically includes but is not limited to: o Provide all labor, materials and equipment required to complete the insulation, vapor barrier, and glpsum board as noted in the construction documents - complete. o Fumish and install vapor barrier, blown insulation, and insulation baffles as indicated. . Fumish, install and finish gypsum board surfaces as indicated. o Provide and install (l) wall mounted 10lb flre extinguisher where shown. . Lifting and hoisting as required for work within this bid package. r Protect, clean and repair concrete floors as a result ofwork performed in this bid package. o Provide temporary protection, masking and cleanup for adjacent surfaces for work performed under this bid package. o Contractors Warranty (standard warranty) on the project is 2 years (minimum) from the date of final acceptance in lieu of the I year as indicated in the project manual. Refer to the Supplementary General Conditions included in the bid book. Extended warranties will be as noted in the contract documents. This contract specifically excludes: AIA Docunrcnt Al32r - 2009 (form.dy A101ilCX. - f0e4. Copyright O 1975, 1980, 1992 and 2009 by The American lnstitute of Architacls. All tightr Itlarvcd. WARNING: This AlAc Documcnt ls protect d by U.S. Gopyrlght Law and lnlcmational Trsadcr. Unauthorlzcd rcproductlon or dbtribullon of this AlA. Document, or any portion of it, may r$ult ln !.v6r! ciyil and crlminal penaltlcr, and wlll b. procecut.d to ths maximum oxbrit potsible under the law. This do@ment was prcducad by AIA soft,vare at 12:31:19 MT on 12117nO18 under Oder No. 8449633179 whicfi expires on 1212812019, and is not for resal6. Urcr l{otcr: (3B9ADA5F) 2 I Meridian City Council Meeting Agenda January 2, 2019 – Page 351 of 576 lnit. o Below grade and masonry insulation. r Installation ofhat channel at exterior soffrts.o Vapor barrier under concrete slabs or roofing systems ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COi'PLETION $ 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement, if it difers from the date of this Agreement or, if applicable, state that the date will be fixed in a notice to proceed.) The commencement date will be hxed in a notice to proceed. It prior to the commencement of the Work, the Owner requires time to hle mortgages, mechanics' liens and other security interests, the Owner's time requirement shall be as follows: $ 3.2 The Contract Time shall be measured from the date of commencement. $ 3.3 The Confiactor shall achieve Substantial Completion of the entire Work not later than ( ) days from the date of commencement, or as follows: (Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of commencemenl If appropriate, iwert requirements for earlier Substantial Completion of certain portions of the Work.) The Contractor shall achieve Substantial Completion of the entire Work not later than June 14, 2019. (Table Deleted) , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to achieve Substantial Completion on time or for bonus paymen* for early completion of the Work.) In the event the Contractor, without excuse, fails to achieve Substantial Completion within the Contract Time, the Contractor shall pay to the Owner as liquidated damages, and not as a penalty, the sum of One Thousand Dollars ($1,000.00) or Vcyo of the Contract Value (whichever is greater) for each and every calendar day following the end of the Contract Time until Substantial Completion is achieved; provided that the Contractor shall not be liable for liquidated damages for a day, or days ofthe excusable delay occurring during such period following the end ofthe Contract Time. ARTICLE4 CONTRACTSUilI $ 4.1 The Owner shall pay the Contractor the Contract Sum in curent funds for the Contractor's performance of the Contract. The Contract Sum shall be one of the following: (Check the appropiate box.) tX ] Stipulated Sum, in accordance with Section 4.2 below t ] Cost of the Work plus the Contractor's Fee without a Guaranteed Maximum Price, in accordance with Section 4.3 below t ] Cost of the Work plus the Contractor's Fee with a Guaranteed Ma,.rimum Price, in accordance with Section 4.4 below AIA Documcnt Al32r - 2009 (formcrly A101ilCf. - f g02). Copyright @ 1975, 1980, 1992 and 2009 by The American lnstitute of Ardritecls. All dghtr rta.ry.d. WARNING: This AA. Documcnt is protcctcd by U.S, Copyrlght Law end lnt matioral Treaties. Unauthorlz.d roFoduction or disEibutlon of this AlA. Documont, or any portion ot lt, may rrsult in rcvcrc civll and crlmlnal penaltlcr, and wlll bG pros.cuted to tte maximum extont posrible under the law. This document was poduced by AIA sofruar€ at 12:31:19 MT on 1211712018 under Order No. 8449633179 which expires on 122812019, and is not br r6sale.Urcrl{otcr: (3B9ADA5F) 3 I Meridian City Council Meeting Agenda January 2, 2019 – Page 352 of 576 (Based on the selection above, complete Section 4.2, 4.3 or 4.4 below. Based on the selection above, also complete either Section 5.1.4, 5.1.5 or 5.1.6 below.) $ 4.2 Stipulated Sum $ t1.2.1 The Stipulated Sum shall be Eleven Thousand Four Hundred Dollars andZero Cents ($ I1,400.00 ), subject to additions and deletions as provided in the Contract Documents. $ 4.2.2 The Stipulated Sum is based on the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If the bidding or proposal documents permit the Owner to accept other alteraates subsequent to the execution ofthis Agreement, attach a schedule ofsuch other alternates showing the amountfor each and the dale when that amount expires.) $ 4.2.3 Unit prices, if any: (Identify and state the unit pice, and state the quantity limitations, if any, to which the unit price will be applicable.) Units and Limitations Price per Unit ($0.00) $ 4.2.4 Allowances included in the Stipulated Sum, if any: (Identifi allowance and state exclusions, if any, from the allowance price.) Allowance I garrgraphs Deleted) I garagraph Deleted) I eamgraph Deleted) (Paragraphs Deleted) (Table Deleted) I paragraphs Deleted) ALA Docum.nt A132il - 2009 (form.rly Al0l ilCte - tg02). Copyright @ 1975, 1980, 1992 and 2009 by The American lnstitute of Architects. All right3 rt!.rvcd. WARNING: This AlA. Document l! protecled by U,S. Copyright Law and lntemational Trratl.s. Unautho?ized reproducllon or distribution of 4this AlAo Documenl, or any portion of it, may rocult ln levero ciyil and crimlnal penaltier, and wlll b. pros6cut6d to th6 maximum oxtent porsible under the law. This doqrment was producad by AIA softrare at 12:31:19 Mf on 12117112O18 under Order No. 8449633179 rr,hicfi oxpires on 1?J2U2O19, and is not br resale. Uscr l{otcc: (3B9ADA5F) lnit. Item I Meridian City Council Meeting Agenda January 2, 2019 – Page 353 of 576 I porogroph Deleted) I paragraph Deleted) (Paragraphs Deleted) (Table Deleted) I p*ogroph Deleted) I p*ogroph Deleted) I earagraph Deleted) (Paragraphs Deleted) (Table Deleted) I e*ogroph Deleted) ARTICLE 5 PAYiiENTS $ 5.1 Progress Payments $ 5.1.'l Based upon Applications for Payrnent properly submitted to the Construction Manager by the Contractor, and upon certihcation of the Project Application and Project Certificate for Payment or Application for Payment and Certificate for Payment by the Construction Manager and Architect and issuance by the Architect, the Owner shall make progress payments on account ofthe Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. $ 5.1'2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: Al,A Oocumcnt A132il - 2000 (tormerly Al01ilCt. - 1992). Copyright @ 1975, 1980, '1992 and 2009 by The American tnstitute of Architac.ts. A[ rtghtrrur.il.d. WARNING: Thls Al,A' Documcnt i3 protcctod by U.S. Copyrlght Law and lnt matlonal Trritles. Unagthorlzed r€produc{lon or dlctri-brnlon ofthi! AIA' Doculncnt, or any portlon of lt, may rlsuh ln ..vort clvil end criminal penaltlcr, ind will bc pro!.cuted to tho merimum.xtent po3libleundcrtholaw.ThisdoarmentwaspDducsdbyAlAsoftrmreatl2:31:l9MTon12t17t2}18underOderNo.8449633179whichoxpireson lz2gi1}lg,andis not for resale. Urcr ilotcr: €B9ADASF) 5 lnit. I Meridian City Council Meeting Agenda January 2, 2019 – Page 354 of 576 lnit. $ 5.1.3 Provided that an Application for Payment is received by the Constmction Manager not later than the Twenty- fifth day of a month, the Owner shall make payment of the certified amount in the Application for Payment to the Contractor not later than the Twenty-fifth day of the following month. If an Application for Payment is received by the Construction Manager after the application date fixed above, payment shall be made by the Owner not later than Thi.ty ( 30 ) days after the Construction Manager receives the Application for Payment. (Federal, state or local laws may require payment within a certain period of time.) $ 5.1.4 Progress Payments tVhere the Contnc-t Sum is Based on a Stipulated Sum $ 5.1.4.1 Each Application for Payment shall be based on the most recent schedule of values submitted by the Confractor and approved in writing by the Construction Manager and Architect in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Construction Manager and Architect may require. This schedule, when, and only when, approved in writing by the Constmction Manager or Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. $ 5.1.4.2 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Pa)rment. S 5.,l.4.3 Subject to the provisions of the Confiact Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Conhact Sum allocated to that portion of the Work in the approved schedule of values, less retainage of Five percent ( 5.00 7o). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included as provided in Section 7.3.9 of the General Conditions, as modihed; ,2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, ifapproved in writing in advance by the Owner, suitably stored offthe site at a location agreed upon in writing), less retainage of Five percent ( 5.00 %); .3 Subfract the aggregate of previous pa)rments made by the Owner; .4 Subtract amounts, if any, for which the Construction Manager or Architect has withheld or nullihed a Certificate for Payment as provided in Section 9.5 of the General Conditions, as modified; and .5 Subtract amounts, if any, being withheld by the Owner or Construction Manager as provided in the Contract Documents. $ 5.1.4.4 The progress payment amount determined in accordance with Section 5.1.4.3 shall be further modified under the following circumstances: .1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to Ninety-five percent ( 95.00 %o) of the Contract Sum, less such amounts as the Construction Manager recommends and the Architect determines for incomplete or defective Work, or both and unsettled claims; and .2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Section 9.10.3 of the General Conditions, as modified. S 5.,l.4.5 Reduction or limitation of retainage, if any, shall be as follows: (If it is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resultingfrom the percentages inserted in Sections 5.1.4.3.1 and 5.1.4.3.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) No reduction in retainage will be allowed prior to hnal completion without written approval of the Owner. $ 5.1.4,6 A condition will be included forbidding more retainage from a contractor or supplier than retained from their portion of the Work. (Paragraphs Deleted) AIA Docum.nt 4132il - 2009 (formcrly Al0lrctr - 1992). Copyright @ 1975, 1980, 1992 and 2009 by Th6 American lnstitute of Arcfiitects. All rightr$ril.d. WARNING: Thlt AIA' Document is protec{ed by U.S. Copyrlght Law and lnbmatlonal Trcatles. Unauthorized reproduc{ion or distsibution of this AlAo Oocumort, or any portion of it, may ?rrult ln severe civil and criminal p6naltle3, and wlll bc proeecu{ed to the maximum exted possible undor the law. This document was ptodued by AIA softlvar€ at 12:31:19 MT on 12117nO18 under Order No. 8449633179 which expires on 1212U2019, and is not for resale. Urcr Notcr: (3B9ADA5F) 6 Meridian City Council Meeting Agenda January 2, 2019 – Page 355 of 576 I p*ogroptu Deleted) I g*ogrophs Deleted) $ 5.2 FinalPayment $ 5.2.,l Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when .'l the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2 of AIA Document A232-2009 as modified, and to satisfu other requirements, if any, which extend beyond hnal payment; .2 the Contractor has submitted a final accounting for the Cost of the Work, pursuant to Exhibit A, Determination of the Cost of the Work when payment is on the basis of the Cost of the Work, with or without a Guaranteed Maximum payment; and .3 a hnal Certihcate for Payment or Project Certificate for Payment has been issued by the Architect; such final payment shall be made by the Owner not more than 30 days after (l) the Contractor has fully performed the Contract and (2) the issuance of the final Certificate for Payment or Project Certihcate for Payment, or as follows: ARTICLE 6 DISPUTE RESOLUTION $ 6.1 Initial Decision Maker The Architect will serve as Initial Decision Maker pursuant to Section 15.2 of AIA Document A232-2009 as modified, unless the parties appoint below another individual, not a party to this Agreement, to serye as Initial Decision Maker. (If the parties mutually agree, insert the name, address and other contacl information of the Initial Decision Makcr, if other than the Architect.) $ 6.2 Binding Dispute Resolution For any Claim subject to, but not resolved by, mediation pursuant to Section 15.3 of AIA Document A232-2009 as modified, the method of binding dispute resolution shall be as follows: (Check the appropiate box. If the Owner and Contractor do not select a method of binding dispute resolulion below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by liligation in a court of competent jurisdiction.) t ] Arbitration pursuant to Section 15.4 of AIA Document A232-2009 t X I Litigation in a court of competent jurisdiction. I I Other: (Specify) AIA Docum.nt A132r - 2009 (formcrly A10l ilCte - 1002). Copyright @ '1975, 1980, 1992 and 2009 by The American lmtituts of Anfiitocts. All rightr r€r.rv.d. wARt{lNG: This AIA' Document is protected by U.S. Copyright Law and lnbmational Treati6r. Unauthorized reproduction or distribution of thir AlA. Documont, or any podion of it, may result in sovere civil and criminal penaltics, and will b6 pros6cuted to the marimum extent possible under the law. This doclment was producsd by AIA sofiveare at 12:31:19 MT on 1211712018 under Order No. 8449633179 sfiich expires on 12i2812019, and is not for resale. Urcr Notcr: (3B9ADA5F) 7 lnit. I Meridian City Council Meeting Agenda January 2, 2019 – Page 356 of 576 ARTICLE 7 TERMINATION OR SUSPENSIOTTI $ 7.1 Where the Contraet Sum is a Stipulated Sum $ 7.1.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A232-2009 as modified. $ 7.1.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A232-2009 as modified. I e*og*phs Deleted) ARTICLES MISCELLANEOUSPROVISIONS $ 8.1 Where reference is made in this Agreement to a provision of AIA Document A232--2009 as modified or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. $ 8.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereol at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate ofinterest agreed upon, ifany) I sl8 of l7o per month $ 8.3 The Owner's representative: (Name, address and other information) Mike Barton, Parks Superintendent City of Meridian Parks and Recreation Department 33 East Broadway Avenue, Suite 206 Meridian,Idaho 83642 $ 8.4 The Contractor's representative: (Name, address and other information) Chris Wessel 274 N. Maple Grove, Suite l0l, Boise, Idaho 83704 Telephone Number: 208-37 5-3 166 Fax Number: 208-37 5 -3172 Mobile Number: 208 -284-0228 I f."il Address: chris@psgidaho.com $ 8.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. $ 8.6 Other provisions Al,ADocum.nt4132il-2009(fodtt rlyAl0lilCtr-1902).CopyrQht@1975, 1980, 1992and2009byTheAmericanlnstituteofArcfiitacts.Atl rtght3rrr.rv.d. WARNING: Thit AIA' Documcnt ls prot cted by U.S. Copyrlght Law and lntomational Tr€atlca. Unauthorized ruproductlon or dbtribdlon of this AIA' Documont, or.ny portlon of lt, may rosult ln 3ov.ru ciyil and criminal penaltles, and wlll be prosocutcd to the maximum cxtont pocsiblc under the law. This document w8s ptodued by AIA softr*are at 12:31:19 MT on 1211712O1E under Order No. 8449633179 wtricfi expires on 12ngno19, andis not br rosale.Urcrl{otcs: (3B9ADASF) 8 lnit. I Meridian City Council Meeting Agenda January 2, 2019 – Page 357 of 576 ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS $ 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated in the sections below. $ 9.1.1 The Agreement is this executed AIA Document A132-2009 as modified, Standard Form of Agreement Between Owner and Contractor, Construction Manager as Adviser Edition. $ 9.1.2 The General Conditions are, AIA Document A232-2009 as modified, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition. $ 9.1.3 The Supplementary and other Conditions of the Contract: Document Title Exhibit A Contract Document Schedule One Two Date December 13, 2018 Pages $ 9.'1.4 The Specifications: (Eilher list the Specifications here or refer to an exhibit attached to this Agreement.) Title of Specifications exhibit: Contract Document Schedule, Exhibit A, dated December 13, 2018 (Table Deleted) $ 9.1.5 The Drawings: (Either list the Drawings here or refer to an exhibit atlached to this Agreement.) Title of Drawings exhibit: Confract Document Schedule, Exhibit A, dated December 13, 2018 (Table Deleted) $ 9.1.6 The Addenda, if any Number Date Pages December 3, 2018 December 7,2018 8 2 Portions of Addenda relating to bidding requirements are not part of the Conhact Documents unless the bidding requirements are also enumerated in this Article 9. $ 9.1.7 Additional documents, if any, forming part of the Contract Documents are:.1 AIA Document A132rM-2009, Exhibit A, Determination of the Cost of the Work, if applicable..2 AIA Document E201rM-2007, Digital Data Protocol Exhibit, if completed, or the following: .3 AIA DocumentE202rL2008, Building Information Modeling Protocol Exhibit, if completed, or the following: .4 Other documents, if any, listed below: (List here any additional documents which are intended toform part of the Contract Documents. AIA Document A2 j2-2009 provides that bidding requirements such as advertisement or invitation to bid,Instructions to Bidders, sampleforms and the Contractor's bid are not part of the Contract lnlt. ofg User Notec: (3B9ADA5F) is Meridian City Council Meeting Agenda January 2, 2019 – Page 358 of 576 Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents.) All binding documents including the Invitation to Bid, Instructions to Bidders, Supplemental Instructions to Bidders, Bid Proposal Forms, and the Project Schedule are intended to be part of the Contract Documents. AIA Document A232-2009 General Conditions Exhibit A, Contract Document Schedule dated December 13, 2018 ARTICLE 10 INSURANCE AND BONDS The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article 11 of AIA Document A232-2009 as modified Refer to Supplemental Conditions modifying AIA Document A232-2009 for changes and additions to Article 11 "Insurance and Bonds ". Contractor is required to provide 100% Payment and Performance Bonds. (Table Deleted) This Agreement is entered into as of the day and year first written above. OWN R(Signat Tammy de W , Mayor I� Nu P, (A �effrl , (Printed n me and title) CONTRACTOR( rgnature) Chris Wessel, Operations Manager (Printed name and title) AIA Document A132m —2009 (formerly A101T"CMa —1992). Copyright ®1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA* Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 1 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 t under the law. This document was produced by AIA software at 12:31:19 MT on 12/17/2018 under Order No. 8449633179 which expires on 12/28/2019, and is not for resale. User Notes: (3139ADA51F) EXHIBIT A CONTRACT DOCUMENT SCHEDULE CITY OF MERIDIAN DISCOVERY PARK SHOP BUILDING 2121 E. LAKE HAZEL ROAD MERIDIAN, IDAHO 83642 KC PROJECT NO. 16-080 December 13,2018 PROJECT DOCUMENTS as issued by lnsight Architects and prepared by the following project team: Architect - lnsight Architects MEP Engineer - Musgrove Engineering, P.A. Structural Engineer - Structural Edge Civil/Landscape Architect - The Land Group, lnc. Construction Manager - Kreizenbeck, LLC dba Kreizenbeck Constructors ADDENDUMS Addendum No. One dated December 3, 2018 Addendum No. Two dated December7,2018 PROJECT MANUAL lnstructions to Bidderc, Volume 1 of 1 Complete - dated November 09, 2018 DRAWINGS - Dated 11/19/2018 ARCHITECTURAL A0.1 CoverSheetA3.1 Roof & RCP PlansA5.1 Sections & Details 51.1 Structural Details & Notes MECHANICALM0.0 Mechanical Cover SheetM1.0 Mechanical Plan ELECTRICAL E0.0 Electrical Cover SheetE0.2 Electrical SpecsE1.0 Electrical Plans CIVIL FOR REFERENCE ONLY C2.10 Material Area J C2.30 Layout Area J C2.57 Site Section / Details C4.17 Grading Area L 42.1 44.1 A6.1 M0.1 M2.0 Floor & FND Plans Exterior Elevations Door & Finish Schedules Mechanical Specs Mechanical Schedules & Details Lighting Compliance Forms Electrical Specs Electrical Schedules Material Area L Layout Area L Grading Area J E0.1 E0.3 E2.0 c2.17 c2.33 c4.10 Discovery Park Shop Building Page 1 of 1 December 13,2018 Meridian City Council Meeting Agenda January 2, 2019 – Page 360 of 576 ,, Standard Form of Agreement Between Owner and Contractor,Construction Manager as Adviser Edition Bid Package No. 8 - Painting AGREEMENT made as of the Fourteenth day of December in the year Two Thousand Eighteen Qn words, indicate day, month and year.) BETWEEN the Owner: Q,Iame, legal status, address and other information) City of Meridian 33 East Broadway Avenue Meridian,Idaho 83642 and the Contractor: (Name, legal status, address and other information) David Epley & Associates, Inc. 3501 Rose Hill, Boise,Idaho 83705 Telephone Number: 208-343-8893 Fax Number: 208-342-8424 for the following Project: Q,Iame, location and detailed desciption) City of Meridian - Discovery Park Shop Building 2121 East Lake Hazel Road in Meridian, Idaho 83642 The work involves construction of a new 2,240 SF shop building The Construction Manager: (Name, legal status, address and other information) Kreizenbeck, LLC DBA Kreizenbeck Constmctors 11724 West Executive Drive, Boise, Idaho 83713 Telephone Number: (208) 336-9500 Fax Number: (208) 336-7 444 The Architect: (Name, legal status, address and other idormation) 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 Reporl 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 attomey is encouraged with respect to its completion or modification. This document is intended to be used in conjunction with AIA Documents A232 ru-2009, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition; 8132ru-2009, Standard Form of Agreement Between O,vner and Architect, Construction Manager as Adviser Edition; and Cl 32 B-2009, Standard Form of Agreement Between Oilner and Construction Manager as Adviser. AIA Document A232il-2009 is adopted in this document by reference. Do not use with other general conditions unless this document is modified. lnit. Insight Architects, P.A. 2238 S. Broadway Avenue, Boise, Idaho 83706 Telephone Number: 208-3 3 8-9080 The Owner and Contractor agree as follows. ALA Documcnt A132il - 2000 (torm.rly Al0l ilCtt - 1902). Copyright @ 1975, 1980, 1992 and 2009 by The American lnstitute of ArchitBcts. All rlghtl rt..!Ycd. WARNING: Thlr AIA' oocumenl ir prot6c{6d by U.S. Copyright Law and lntomational Treatlcr. Unaulhorlz.d ruproductlon or distrlbutlon of thic AIA' Docum.nt, or any porton of lt, may rusult ln r.yeru civil and criminal penelties, and wtll bc prosecut d to the marlmum crtent po3ribl. under thc law. This docilm€nt was poducad by AIA softrare at 11:14:09 MT on 12i171201E under Oder No. 8449633179 wtrich expires on 12.112812Q19, and is not br resale. Urr Notcr: (3B9ADA5E) 1 I Meridian City Council Meeting Agenda January 2, 2019 – Page 361 of 576 I raeLE oF ARTTcLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACTSUTI 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 iilScELLANEOUSPROVIStONS 9 ENUMERATION OF CONTRACT DOCUMENTS 1() INSURANCE AND BONDS I g*ogroph Deleted) ARTICLE 1 THE CONTRACT DOCUilIENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement, all of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Conhact, together with the performance bond and payment bond, if any, represent the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. Contract Requiremenb: Provide ell labor, material and equipment required to complete painting, water repellents and caulking as noted in the construction documents and per the following: I fnis contract specifically includes but is not limited to: o Provide all labor, materials and equipment required to complete interior and exterior painting and water repellents as noted within the construction documents.r Caulking of all dissimilar materials that are to receive painted finish.r Paint all exposed to view mechanical related items, electrical conduit and associated items, unless noted otherwise. o Paint all exposed to view structural steel, miscellaneous steel and associated items, unless noted otherwise.o Provide all temporary protection, masking and cleanup for adjacent surfaces for work performed under this bid package. o Contractors Warranty (standard warranty) on the project is 2 years (minimum) from the date of final acceptance in lieu of the 1 year as indicated in the project manual. Refer to the Supplementary General Conditions included in the bid book. Extended warranties will be as noted in the contract documents. This contract specifically excludes: o Painting exhaust fan and exhaust fan curb per detail ll}l2.0 lnit. Uscr Notoa:(3B9ADAsE) of2 I Meridian City Council Meeting Agenda January 2, 2019 – Page 362 of 576 ARTICLE 3 DATE OF COMTIIENCEMENT AND SUBSTANTIAL COMPLETION $ 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Inserl the date of commencemenl, if it difers from lhe date of this Agreement or, if applicable, state that the date will befixed in a notice to proceed.) I n " cotnmencement date will be fixed in a notice to proceed. If, prior to the commencement of the Work, the Owner requires time to hle mortgages, mechanics' liens and other security interests, the Owner's time requirement shall be as follows: $ 3.2 The Contract Time shall be measured from the date of commencement. $ 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than ( ) days from the date of commencement, or as follows: (Insert number of calendar days. Alternatively, a calendar date may be used when coordinated wilh the date of commencement. If appropiate, insert requirements for earlier Substantial Completion of certain portions of the Work.) The Contractor shall achieve Substantial Completion of the entire Work not later than June 14, 2019 (Table Deleted) , subject to adjustrnents of this Conftact Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to achieve Substantial Completion on time or for bonus paymentsfor early completion of the Work.) In the event the Contractor, without excuse, fails to achieve Substantial Completion within the Contract Time, the Confractor shall pay to the Owner as liquidated damages, and not as a penalty, the sum of One Thousand Dollars ($ I ,000.00) or YoYo of the Contract Value (whichever is greater) for each and every calendar day following the end of the Contract Time until Substantial Completion is achieved; provided that the Conhactor shall not be liable for liquidated damages for a day, or days ofthe excusable delay occurring during such period following the end ofthe Contract Time. ARTICLE4 CONTRACTSUilI $ 4.1 The Owner shall pay the Contractor the Contract Sum in curent funds for the Contractor's performance of the Contract. The Contract Sum shall be one of the following: (Check the appropiate box.) tX ] Stipulated Sum, in accordance with Section 4.2 below t ] Cost of the Work plus the Contractor's Fee without a Guaranteed Maximum Price, in accordance with Section 4.3 below I ] Cost of the Work plus the Contractor's Fee with a Guaranteed Maximum Price, in accordance with Section 4.4 below (Based on the selection above, complete Section 4.2, 4.3 or 4.4 below. Based on the selection above, also complete either Section 5. I .4, 5. I .5 or 5. I .6 below.) of3lnit. Usor Notes:(3B9ADAsE) is Meridian City Council Meeting Agenda January 2, 2019 – Page 363 of 576 i( ! 4.2 Stipulated Sum $ 4.2.1 The Stipulated Sum shall be Six Thousand One Hundred Twenty-Five Dollars andZero Cents ($ 6,125.00 ), subject to additions and deletions as provided in the Contract Documents. $ 4.2.2 The Stipulated Sum is based on the following altemates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If the bidding or proposal documents permit the Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amountfor each and the date when that amount expires.) $ 4.2.3 Unit prices, if any: (dentify and state the unit price, and state the quantity limitations, if any, to which the unit price will be applicable.) Item Units and Limitations Price per Unit (10.00) $ 4.2.t1 Allowances included in the Stipulated Sum, if any: (dentifu allowance and state exclusions, if any, from the allowance price.) Allowance I p*ogrophs Deleted) I g*ogroph Deleted) I garagraph Deleted) (Paragraphs Deleted) (Table Deleted) I e*ogropts Deteted) (Paragraph Deleted) Item lnit. User Notes:(3B9ADA5E) ts of4 I Meridian City Council Meeting Agenda January 2, 2019 – Page 364 of 576 I lPorogroph Deleted) (Paragraphs Deleted) (Table Deleted) I garagraph Deleted) I earagraph Deleted) I p*ogrrph Deleted) (Paragraphs Deleted) (fable Deleted) I e*ogroph Deleted) ARTICLE 5 PAYMENTS $ 5.1 Progress Payments $ 5.1.1 Based upon Applications for Payment properly submitted to the Construction Manager by the Contractor, and upon certihcation of the Project Application and Project Certificate for Payment or Application for Payment and Certificate for Payment by the Construction Manager and Architect and issuance by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. $ 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: $ 5'1.3 Provided that an Application for Payment is received by the Constmction Manager not later than the Twenty- fifth day of a month, the Owner shall make payment of the certified amount in the Appiication for payment to the Contractor not later than the Twenty-fifth day of the following month. If an Application for Paymentis received by lnlt. U3or Notes:(3B9ADA5E) or5 ts Meridian City Council Meeting Agenda January 2, 2019 – Page 365 of 576 the Construction Manager after the application date hxed above, payment shall be made by the Owner not later than Thirfy ( 30 ) days after the Construction Manager receives the Application for Payment. (Federal, state or local laws may require poyment within a certain period of time.) $ 5.1.4 Progress Payments Where the Gontract Sum is Based on a Stipulated Sum S 5.1.4.1 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor and approved in writing by the Construction Manager and Architect in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Construction Manager and Architect may require. This schedule, when, and only when, approved in writing by the Constuction Manager or Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. $ 5.1.4.2 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. $ 5.1,4.3 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Confract Sum allocated to that portion of the Work in the approved schedule of values, less retainage of Five percent ( 5.00 %). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included as provided in Section 7.3.9 of the General Conditions, as modified; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, ifapproved in writing in advance by the Owner, suitably stored offthe site at a location agreed upon in writing), less retainage of Five percent ( 5.00 %); .3 Subtract the aggregate of previous payments made by the Owner; ,4 Subtract amounts, if any, for which the Construction Manager or Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of the General Conditions, as modified; and .5 Subtract amounts, if any, being withheld by the Owner or Construction Manager as provided in the Contract Documents. $ 5.1.4.4 The progress payment amount determined in accordance with Section 5.1.4.3 shall be further modihed under the following circumstances: .1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to Ninety-hve percent ( 95.00 %) of the Contract Sum, less such amounts as the Construction Manager recommends and the Architect determines for incomplete or defective Work, or both and unsettled claims; and .2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Section 9.10.3 of the General Conditions, as modified. S 5.1.4.5 Reduction or limitation of retainage, if any, shall be as follows: (If it is intended, prior to Substantial Completion of the entire Worh to reduce or limit the retainage resultingfrom the percentages inserted in Sections 5.1.4.i.l and 5.1.4.3.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) No reduction in retainage will be allowed prior to final completion without written approval of the Owner. S 5.1.4.6 A condition will be included forbidding more retainage from a contractor or supplier than retained from their portion of the Work. (Paragraphs Deleted) lnit. Urer Notos (3B9ADAsE) IS or6 I Meridian City Council Meeting Agenda January 2, 2019 – Page 366 of 576 I porogrophs Deleted) I gorogrophs Deleted) $ 5.2 Final Payment $ 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2 of NA Document A232-2009 as modified, and to satisfu other requirements, if any, which extend beyond hnal payment; .2 the Contractor has submitted a final accounting for the Cost of the Work, pursuant to Exhibit A, Determination of the Cost of the Work when payment is on the basis of the Cost of the Work, with or without a Guaranteed Maximum payment; and .3 a final Certihcate for Payment or Project Certificate for Payment has been issued by the Architect; such final payment shall be made by the Owner not more than 30 days after (1) the Contractor has fully performed the Contract and (2) the issuance of the final Certificate for Payment or Project Certificate for Payment, or as follows: ARTICLE 6 DISPUTE RESOLUTION $ 6.1 lnitial Decision Maker The Architect will serve as Initial Decision Maker pursuant to Section 15.2 of AIA Document A2321009 as modified, unless the parties appoint below another individual, not a party to this Agreement, to serye as Initial Decision Maker. (If the parties mutually agree, inserl the name, address and other contact information of the Initial Decision Maker, if other than the Architect.) $ 6.2 Binding Dispute Resolution For any Claim subject to, but not resolved by, mediation pursuant to Section 15.3 of AIA Document A232-2009 as modified, the method of binding dispute resolution shall be as follows: (Check the appropiate box. If the Owner and Contractor do not select a method of binding dispute resolution below, or do not subsequently agree in witing to a binding dispute resolution method other lhan litigation, Claims will be resolved by litigation in a court of competent jurisdiction.) t ] Arbitration pursuant to Section 15.4 of AIA Document M321009. t X ] Litigation in a court of competent jurisdiction. t ] Other: (Specifi) ARTICLE 7 TERTIINATION OR SUSPENSION ! 7.1 Where the Contracl Sum is a Stipulated Sum $ 7'1.1 The Contract may be terminated by the Owner or the Contractor as provided in Article l4 of AIA Document A232-2009 as modified. lnit. Usar l{otas: (3B9ADA5E) orl I is Meridian City Council Meeting Agenda January 2, 2019 – Page 367 of 576 $ 7.1.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document 4232-2009 as modified. I e*og*phs Deleted) ARTICLE 8 MISCELLANEOUS PROVISIONS $ 8.1 Where reference is made in this Agreement to a provision of AIA Document A232-2009 as modif,red or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. $ 8.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate ofinterest agreed upon, ,fony) I srt of lo% per month $ 8.3 The Owner's representative: (Name, address and other information) Mike Barton, Parks Superintendent City of Meridian Parks and Recreation Department 33 East Broadway Avenue, Suite 206 Meridian, Idaho 83642 $ 8.4 The Contractor's representative: (Name, address and olher information) Jake Epley 3501 Rose Hill Boise, Idaho 83705 Telephone Number: 208-343-8893 Fax Number: 208 -3 42-8424 Mobile Number: 208-7 6l -1429 Email Address: daveepley@qwesto{fi ce.net $ 8'5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. $ 8.6 Other provisions: ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS $ 9'1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated in the sections below. lnit.of8 Us6r Notes:(3B9ADA5E) is Meridian City Council Meeting Agenda January 2, 2019 – Page 368 of 576 $ 9.1.1 The Agreement is this executed AIA Documefi A132-2009 as modified, Standard Form of Agreement Between Owner and Contractor, Construction Manager as Adviser Edition. $ 9.1.2 The General Conditions are, AIA Document A232_2009 as modified, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition. $ 9.1.3 The Supplementary and other Conditions of the Contract: Document Title Exhibit A Contract Document Schedule One Two Date December 13, 2018 Pages I $ 9.1.4 The Specifications: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Title of Specifications exhibit: Contract Document Schedule, Exhibit A, dated December 13, 201 8 (Table Deleted) $ 9.1.5 The Drawings: (Etther list the Drawings here or refer to an exhibit attached to this Agreement.) Title of Drawings exhibit: Contract Document Schedule, Exhibit A, dated December 13, 2018 Sable Deleted) $ 9.1.6 The Addenda, if any: Number Date Pages December 3, 2018 December'7,2018 8 2 Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. 5 9.1.7 Additional documents, if any, forming part of the Contract Documents are: .1 AIA Document A132rL2009, Exhibit A, Determination of the Cost of the Work, if applicable..2 AIADocumentE20lrM-200T,DigitalDataProtocolExhibit,ifcompleted,orthefollowing: .3 AIA Document E202rM-2008. Building Information Modeling Protocol Exhibit, if completed, or the following: .4 Other documents, if any, listed below: (List here any additional documents which are intended toform part of the Contract Documents. AIA Docament A232-2009 provides that bidding requirements such as advertisement or invitation to bid, Inslructions to Bidders, sample forms and the Contractor's bid are not part of the Contracl Docaments unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents.) lnit. Us€r Notes: (3B9ADA5E) org I is Meridian City Council Meeting Agenda January 2, 2019 – Page 369 of 576 All binding documents including the Invitation to Bid, Instructions to Bidders, Supplemental Instructions to Bidders, Bid Proposal Forms, and the Project Schedule are intended to be part of the Contract Documents. AIA Document A232-2009 General Conditions Exhibit A, Contract Document Schedule dated December 13, 2018 ARTICLE 10 INSURANCE AND BONDS The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article 11 of AIA Document A232-2009 as modified Refer to Supplemental Conditions modifyingAIA Document A232-2009 for changes and additions to Article 11 "Insurance and Bonds". Contractor is required to provide 100% Payment and Performance Bonds (Table Deleted) This Agreement is entered into as of the day and year first written above. 7 OWNER(Sigit re) Tammy de , Mayor TM�� �,ead JCer((Printed natitle) dM A � hNH CO RA R(Si azure Jake Epley, Owner CA A6W(.4 (Printed name and title) Init. AIA Document A132" —2009 (formerly A101 ^'CI41a —1992). Copyright ®1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 10 this AIAs Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible t under the law. This document was produced by AIA software at 11:14:09 MT on 12/17/2018 under Order No. 8449633179 which expires on 12/28/2019, and is not for resale. User Notes: (3B9ADA5E) EXHIBIT A CONTRACT DOCUMENT SCHEDU LE CITY OF MERIDIAN DISCOVERY PARK SHOP BUILDING 2121 E. LAKE HAZEL ROAD MERIDIAN, IDAHO 83642 KC PROJECT NO. 16-080 December 13,2018 PROJECT DOCUMENTS as issued by lnsight Architects and prepared by the following project team: Architect - lnsight Architects MEP Engineer - Musgrove Engineering, P.A. Structural Engineer - Structural Edge Civil/Landscape Architect - The Land Group, lnc. Construction Manager - Kreizenbeck, LLC dba Kreizenbeck Constructors ADDENDUMS Addendum No. One dated December 3, 2018 Addendum No. Two dated December7,2018 PROJECT MANUAL lnstructions to Bidders, Volume 1 of 1 Complete - dated November 09, 2018 DRAWINGS - Dated 11/19/2018 ARCHITECTURAL A0.1 CoverSheetA3.1 Roof & RCP PlansA5.1 Sections & Details 51.1 Structural Details & Notes MECHANICAL M0.0 Mechanical Cover SheetM1.0 Mechanical Plan ELECTRICAL E0.0 Electrical Cover SheetE0.2 Electrical SpecsE1.0 Electrical Plans CIVIL FOR REFERENCE ONLY C2.10 MaterialArea J C2.30 Layout Area J C2.57 Site Section / Details C4.17 Grading Area L M.1 44.1 A6.1 M0.1 M2.0 E0.1 E0.3 E2.0 Floor & FND Plans Exterior Elevations Door & Finish Schedules Mechanical Specs Mechanical Schedules & Details Lighting Compliance Forms Electrical Specs Electrical Schedules Material Area L Layout Area L Grading Area J Discovery Park Shop Building Page 1 of 1 December 13, 2018 c2.17 c2.33 c4.10 Meridian City Council Meeting Agenda January 2, 2019 – Page 371 of 576 WAIA Document Allz*- 2rltlg Standard Form of Agreement Between Owner and Contractor,Construction Manager as Adwser Edition Bid Package No. 9 - Plumbing System AGREEIIENT made as of the Fourteenth day of December in the year Two Thousand Eighteen (In words, indicate day, month and year.) BETWEEN the Owner: (Name, legal stalus, address and other information) City of Meridian 33 East Broadway Avenue Meridian,Idaho 83642 and the Contractor: (Name, legal status, address and other information) DeBest Plumbing, Inc. 11477 West President Drive, Boise, Idaho 83713 Telephone Number; 208 -322-4844 Fax Number: faxNumber for the following Project: (Name, location and detailed description) City of Meridian - Discovery Park Shop Building 2121 East Lake Hazel Road in Meridian, Idatro 83642 The work involves construction of a new 2p40 SF shop building The Construction Manager: (Name, legal status, address and other information) Kreizenbeck, LLC DBA Kreizenbeck Constructors I l7 24 W est Executive Drive, Boise, Idaho 83713 Telephone Number: (208) 336-9500 Fax Number: (208) 336-7 444 The Architect: (Name, legal status, address and other information) 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 leff 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 attomey is encouraged with respect to its completion or modification. This document is intended to be used in conjunction with AIA Documents A232n -2009, General Conditions of the Contract for Construction, Construclion Manager as Adviser Edition; 8132ru-2009, Stiandard Form of Agreement Between Oilner and Architect, Construction Manager as Adviser Edition; and Cl 32il-2009, Standard Form of Agreement Between O^rner and Construction Manager as Adviser. AIA Document A232il-2009 is adopted in this document by reference. Do not use with other general conditions unless this document is modified. Insight Architects, P.A. 2238 S. Broadway Avenue, Boise, Idaho 83706 Telephone Number: 208-3 3 8-9080 The Owner and Contractor agree as follows. Al,A Docum.nt A132n - 200e (ormcrly Al0lilCte - 19921. Copyright @ 1975, 1980, 1992 and 2009 by The American lnstitute of ArchitecG. Atl rtghtcE!.rv.d. WARNING: This AIA' Docum€nt i3 protoc{ad by U.S. Copydghf Law and lnt mational Tr.ati.!. Unauthorized r.productlon or dlstr6ution of 1this AIA' Document, or any portion of it, may rosult ln r.yeru clvil and crlminal penalticr, and will be proecutcd to the marimum extant por.ible undertho law. This docxJmentwas pmduced byAlAsoftiare at 11:46:45 MT on12117112018 underOderNo. E449633179whicfi expir€son 1Z28t2O19,andis not br resale. Ur.i Not 3: (3B9ADA63) lnit. I Meridian City Council Meeting Agenda January 2, 2019 – Page 372 of 576 TABLE OF ARTICLES I THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCETIENT AND SUBSTANTIAL COMPLETION 'I CONTRACT SUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERTIINATION OR SUSPENSION 8 MISCELLANEOUSPROVISIONS 9 ENUiIIERATION OF CONTRACT DOCUMENTS ,IO INSURANCE AND BONDS (Paragraph Deleted) ARTICLE t THE CONTRACT DOCUMENTS The Conffact Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), fhawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement, all of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repsated herein. The Contracq together with the performance bond and payment bond, if any, represent the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appeani in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The ConEactor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. Contrac't Requirements: Provide all lebor, mrterial, permits and equipment required to install ptumbing system components as noted in the construction documents end per the following: Section l5 100 - Mechanical General Provisions* * Section 15200 - Plumbing ** As applicable to this scope of work I fnis contract specifically includes but is not limited to: r Provide and install plumbing system components as noted in the construction documents.r Install water service line and cap both ends as indicated.o Install sanitary sewer line, cleanouts and concrete apron as shown. Include capping line where indicated.o Excavation, backfill and trenching for your work. Provide suitable hll for trenching operations as required.o Make all penetrations as necessary to install work under this bid package.r Fire caulking and stopping as required for your work.o Install concrete collars at all cleanouts covers at grade. o Contractors Warranty (standard warranty) on the project is 2 years (minimum) from the date of hnal acceptance in lieu of the I year as indicated in the project manual. Refer to the Supplementary General Conditions included in the bid book. Extended warranties will be as noted in the contract documents. This contract specifically excludes: AIA Documcnt A132il - 20OO (formcrly Al0lilGte - 1902). Copyright @ 1975, 1980, 1992 and 2009 by The Amedcan lnstitute of Arcfiitects. Att rtghtrtlt w.d. WARNING: This AIA' Documont ls protcctcd by U.S. Copyright Law and lnt m.tlonal Tr.ati.r. Unauthorlzod ruproductlon or dbtrGlrtion of 2this AlAo Docum6nt, or any portion of it, may rcruft ln B.veE civil and crlmlnal p.naltie., and will b6 prorecuted to th. maxlmum ert n( poctlblc undcr the law. This do<rment was poducsd by AIA softrare at 11:46:45 Mf on 121172018 under Order No. E449633'179 wtricfi e,pires on 128f2019, and is not br resale. Ur.r Notr.: (3B9ADA63) lnit. I Meridian City Council Meeting Agenda January 2, 2019 – Page 373 of 576 Site utilities past 5' outside of building ARTICLE 3 DATE OF COilIMENCEMENT AND SUBSTANTIAL COTIPLETION $ 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement, if il dilfers from the date of this Agreement or, if applicable, state that the date will be ftxed in a notice to proceed.) I fn" cornmencement date will be fixed in a notice to proceed. If, prior to the commencement of the Work, the Owner requires time to file mortgages, mechanics' liens and other security interests, the Owner's time requirement shall be as follows: $ 3.2 The Contract Time shall be measured from the date of commencement. $ 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than ( ) days from the date of commencement, or as follows: (Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of commencement. If appropriate, insert requirements for earlier Substantial Completion of certain portions of the Work.) The Contractor shall achieve Substantial Completion of the entire Work not later than June 14, 2019. (fable Deleted) , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to achieve Substantial Completion on time or for bonus paymentsfor early completion of the Work.) In the event the Contractor, without excuse, fails to achieve Substantial Completion within the Contract Time, the Confractor shall pay to the Owner as liquidated damages, and not as a penalty, the sum of One Thousand Dollars ($1,000.00) or Y+%o of the Contract Value (whichever is greater) for each and every calendar day following the end of the Contract Time until Substantial Completion is achieved; provided that the Contractor shall not be liable for liquidated damages for a day, or days of the excusable delay occurring during such period following the end of the Contract Time. ARTICLE4 CONTRACTSUM $ 4.1 The Owner shall pay the Contractor the Contract Sum in curent funds for the Contractor's performance of the Contract. The Confract Sum shall be one of the following: (Check the appropiate box.) t X ] Stipulated Sum, in accordance with Section 4.2 below t ] Cost of the Work plus the Contractor's Fee without a Guaranteed Maximum Price, in accordance with Section 4.3 below t ] Cost of the Work plus the Contractor's Fee with a Guaranteed Maximum Price, in accordance with Section 4.4 below AIA Documcnt Al32r - 2009 (formcrly Al0tilCte - 1902). Copyright O 1975, 1980, 1992 and 2009 by The American lnstitute of Architects. All rlghtr 'tr.rvcd. WARilING: Thi3 Al,A. Document is protec{od by U.S. Copyright Law and lnbmalional Trratlcs. Unauthorized ruproduc-tion or distrlbutlon of this AlAo Document, or any portlon of lt may rerult in sGy.lr civil and crlmlnsl p.nalties, and wlll be pros.cut d to thc maximum exlent posslbl. under the law. This doqrment was produced by AIA softlvare at 11:45:45 MI on 12!'17112018 under Ordor No. 8449633179 s,hich expires on 1212U2019, and is not br resale. u..r Not .: (3B9ADA63) lnit. 3 a I Meridian City Council Meeting Agenda January 2, 2019 – Page 374 of 576 (Based on the selection above, complete Section 4.2, 4.3 or 4.4 below. Based on the selection above, also complete either Section 5.1.4, 5.1.5 or 5.1.6 below.) $ '[.2 Stipulated Sum $ 4.2.1 The Stipulated Sum shall be Two Thousand Six Hundred Fifty Dollars andZero Cents ($ 2,650.00 ), subject to additions and deletions as provided in the Contract Documents. $ 4.2.2 The Stipulated Sum is based on the following altemates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If the bidding or proposal documents permit lhe Owner to accept olher alternates subsequent to the execution ofthis Agreement, attach a schedule ofsuch other alternates showing the amountfor each and the date when that amount expires.) $ 4.2.3 Unit prices, if any: (Identify and state the unit pice, and state the quantity limitations, if any, to which the unit price will be applicable.) Item Units and Limitations Price per Unit ($0.00) $ 4.2.4 Allowances included in the Stipulated Sum, if any: (Identify allowance and state exclusions, tf any, from the allowance pice.) Allowance I garagraphs Deleted) I e*ogroph Deleted) I paragraph Deleted) (Paragraphs Deleted) (Table Deleted) I earagraphs Deleted) AIA Docum€nt A132il - 2009 (formcdy Al0l rCXa - 1092t. Copyright @ '1975, 1980, 1992 and 2009 by The American lnstitub of Architsc,ts. All .lght! rrr.rv.d, WARNING: Thls A[A' Documenl ls ptotec:ted by U.S. Copyright Law and lntomatlonsl Treatics. Unauthorlzod nproduction or di3trlbution of 4this AIA' Document, or any portion of il, may rcsult ln r.vorr civll and criminal pcnalti*, and wlll be pro:ecuted to the marimum oxt nt po3sible under the law. This document was produced by AIA softwarE at 11 :46:45 MT on 12nTnO18 under Oder No. 8449633179 whictr expirBs on 1212U2019, andis not for resale. U3.r No(..: (3B9ADA63) Item lnit. Meridian City Council Meeting Agenda January 2, 2019 – Page 375 of 576 (Paragraph Deleted) I porogroph Deleted) (Paragraphs Deleted) (Table Deleted) I porogroph Deleted) (Paragraph Deleted) I paragraph Deleted) (Paragraplu Deleted) (Table Deleted) (Paragraph Deleted) ARTICLE 5 PAYMENTS $ 5.1 Progress Payments $ 5.1.1 Based upon Applications for Payment properly submitted to the Construction Manager by the Confiactor, and upon certification of the Project Application and Project Certificate for Payment or Application for Payment and Certificate for Payment by the Construction Manager and Architect and issuance by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. $ 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: $ 5.1.3 Provided that an Application for Payment is received by the Construction Manager not later than the Twenty- fifth day of a month, the Owner shall make payment of the certified amount in the Application for Payment to the AIA Docum.rit Al32r - 2000 (form.rly Al0lrct. - f992). Copyright @ 1975, 1980, ,1992 and 2009 by The American lnstitrte of Architecls. All rlghtr r..Grv.d. WARI{ING: Thls AIA' Documorit lr protect d by U.S. Copyrtght Law and lnt matlonal Truatiec. Unauthorlz.d rcproduc,tlon or disbibutlon of this AIA' Documonq or any portion ot it, may result ln r€ver6 clvil and crimlnal penaltl.s, and wlll bG prosocut.d to the meximum ertcnt poesible und€r the law. This doq/m€nt was pDduced by AIA softwara at 11:46:45 MT on 1211712018 under Order No. 8449633179 whicfi expirBs on 12!2812019, and is not for resale. Urcr Notcs: (3B9ADA63) 5 lnit. Meridian City Council Meeting Agenda January 2, 2019 – Page 376 of 576 lnit. Contractor not later than the Twenty-fifth day of the following month. If an Application for Payment is received by the Construction Manager after the application date fixed above, payment shall be made by the Owner not later than Thfuty ( 30 ) days after the Construction Manager receives the Application for Payment. (Federal, state or local laws may require payment within a certain period of time.) $ 5.1.4 Progress Payments Where the Contract Sum is Based on a Stipulated Sum S 5.1.4.1 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor and approved in writing by the Construction Manager and Architect in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Construction Manager and Architect may require. This schedule, when, and only when, approved in writing by the Construction Manager or Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. S 5.1.4.2 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. S 5.1.4.3 Subject to the provisions of the Conffact Documents, the amount of each progress payment shall be computed as follows: .l Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the approved schedule of values, less retainage of Five percent ( 5.00 %). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included as provided in Section 7.3.9 of the General Conditions, as modified; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in writing in advance by the Owner, suitably stored offthe site at a location agreed upon in writing), less retainage of Five percent ( 5.00 %); .3 Subtract the aggrcgate of previous payments made by the Owner; .4 Subtract amounts, if any, for which the Construction Manager or Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of the General Conditions, as modified; and .5 Subtract amounts, if any, being withheld by the Owner or Construction Manager as provided in the Contract Documents. $ 5.1.4.4 The progress payment amount determined in accordance with Section 5.1.4.3 shall be further modified under the following circumstances: .l Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to Ninety-five percant ( 95.00 %) of the Confract Sum, less such amounts as the Construction Manager recommends and the Architect determines for incomplete or defective Work, or both and unsettled claims; and .2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Section 9.10.3 of the General Conditions, as modified. S 5.1.4.5 Reduction or limitation of retainage, if any, shall be as follows: (If it is intended, pior to Substantial Completion of the entire Work, to reduce or limit the retainage resultingfrom thepercentages iwerted in Sections 5.1.4.3.1 and 5.1.4.i.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) No reduction in retainage will be allowed prior to final completion without written approval of the Owner. $ 5.f .1.6 A condition will be included forbidding more retainage from a contractor or supplier than retained from their portion of the Work. (Paragraphs DeleteQ AIA Documcnl A132r - 2000 (fom.rly Al0trCta - 1902). Copyight O 1975, 19E0, 1992 and 2009 by The Am€rican lnstitute of Arcfritecb. All rlghtr rut w.d. WARNING: Thls A[A' Document 13 protected by U.S. Copyrlght Law and lnbmatlonal Traaffes. Unautho.ized rep]oduction or distributlon of thls AlAo Docum€nt, or any portlon of it, may rcsuh ln r.v.rc clvll and crimlnal p.naltlc, and wlll ba pros.cutcd to th6 merlmum oxlont polsible under the law. This doq/m€nt was produced by AIA softrare at I 1 :46:45 MT on 121171i2O18 under Order No. 8449633179 s,hicfi expires on 1i,28n,19, and is not fur resale. Urcr ilotcc: (3B9ADA63) 6 I Meridian City Council Meeting Agenda January 2, 2019 – Page 377 of 576 I lParographs Deleted) I g*ogrophs Deleted) $ 5.2 Final Payment $ 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2 of NA Document A232-2009 as modified, and to satisfo other requirements, if any, which extend beyond final payment; .2 the Contractor has submitted a final accounting for the Cost of the Work, pursuant to Exhibit A, Determination of the Cost of the Work when payment is on the basis of the Cost of the Work, with or without a Guaranteed Maximum payment; and .3 a hnal Certificate for Payment or Project Certificate for Payment has been issued by the Architect; such final payment shall be made by the Owner not more than 30 days after (l) the Contractor has fully performed the Contract and (2) the issuance of the final Certificate for Payment or Project Certificate for Payment, or as follows: ARTICLE 6 DISPUTE RESOLUTION $ 6.1 lnitial Decision Maker TheArchitectwillserveaslnitialDecisionMakerpursuanttoSectionl5.2ofAlADocument A232-2009as modified, unless the parties appoint below another individual, not a party to this Agreement, to serve as Initial Decision Maker. (If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if other than the Architect.) $ 6.2 Binding Dispute Resolution For any Claim subject to, but not resolved by, mediation pursuant to Section 15.3 of AIA Document A232-2009 as modified, the method of binding dispute resolution shall be as follows: (Check the appropriate box. If the Owner and Contractor do not select a method of binding dispute resolution below, or do not subsequently agree in witing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court of competent jurisdiction.) t 1 Arbitration pursuant to Section 15.4 of AIA Document A232-2009 t X ] Litigation in a court of competent jurisdiction t I Other: (Specify) ARTICLE 7 TERTIINATION OR SUSPENSION $ 7.1 Where the Contract Sum is a Stipulated Sum $ 7.1.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A.232-2009 as modified. AIA Documcnt A132il - 20119 (formcrly Al01rct. - 1092). Copyright @ 1975, 1980, 1992 and 2009 by Tho American lnstitute of Architoc&. All rlghts ru.erYed. WARNING: This AlAo Document i. protected by U.S. Copyrighl Law and lntemational Treatlo.. Unauthorized reproduc{ion or dlstribution of Tthi3 AlA. Document, or any portion of it, may rerult ln cevere eivil and criminal penalties, and wlll bc proreculed to tho maximum extont po$ible under the law. This document was produced by AIA soft\,yare at I I :46:45 MT on 121'17t2O18 under Order No. 8449633179 which expires on 12,2812019, and is not br resale. Us.r Not !: (3B9ADA53) lnlt. I Meridian City Council Meeting Agenda January 2, 2019 – Page 378 of 576 $ 7.1.2 The Work may be suspended by the Ov,.ner as provided in Article 14 of AIA Document A232-2009 as modified. I e*ogrophs Deleted) ARTICLE 8 ilIISCELLANEOUS PROVISIONS $ 8.1 Where reference is made in this Agreement to a provision of AIA Document A232-2009 as modified or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. $ 8.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate ofinterest agreed upon, fany) 5/8 of lYo per month $ 8.3 The Owner's representative: (Name, address and other information) Mike Barton, Parks Superintendent City of Meridian Parks and Recreation Department 33 East Broadway Avenue, Suite 206 Meridian,Idaho 83642 $ 8.tl The Contractor's representative: (Name, address and other information) Greg Marshall 11477 W. President Drive, Boise, Idaho 8371 3 Telephone Number: 208-322-4844 Fax Number: 208-322-4889 Mobile Number: 208-941-043 I I fmail Address: greg@debestplumbing.com $ 8.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. $ 8.6 Other provisions: ARTICLE 9 ENUTIERATION OF CONTRACT DOCUMENTS $ 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated in the sections below. AlA Documcnt Al32r - 2000 (form.dy A10l ilCt. - 1902). Copyright O 1975, 1980, 1992 and 2009 by The American lnstitub of Architec{s. All rlghtt ltaa.Yod. WARNING: This AIA' Document lr Fotect d by U.S. Copyright Law and lntcmational Treatl.s. Unauthorlzcd reproduc{lon or disHbution ol thlr AlAo Document, or any porlion of lt may rcsuh ln revcra clvil and criminal peneltl.r, and will bc procccutcd to thc marimum ex!.nt po$lble under the law. This document was produced by AIA softrare at 11:46:45 MT on 1?;/17n2O18 under Order No. 8449633179 which expirBs on 1212U2019, andis not for resale. U3.r Not .: (3B9ADA63) lnit. 8 I Meridian City Council Meeting Agenda January 2, 2019 – Page 379 of 576 $ 9,1.1 The Agreement is this executed AIA Document A132-2009 as modihed, Standard Form of Agleement Between Owner and Contractor, Construction Manager as Adviser Edition. $ 9.1.2 The General Conditions are, AIA Document A232-2009 as modified, General Conditions of the Contract for Construction, Constnrction Manager as Adviser Edition. $ 9.1.3 The Supplementary and other Conditions of the Contract: Document Title Date Exhibit A Contract Document Schedule December 13, 2018 $ 9.1.4 The Specifications: (Either list the Specifcations here or refer to an exhibit attached to this Agreement.) Title of Specifications exhibit: Contract Document Schedule, Exhibit A, dated December 13,2018 I Cr"tle Deteted) $ 9.1.5 The Drawings: (Either list the Drawings here or refer lo an exhibil attached to this Agreement.) Title of Drawings exhibit: Contract Document Schedule, Exhibit A, dated December 13, 2018 I Sotle Deleted) $ 9.1.6 The Addenda, if any: Number Date Pages Pages I One Two December 3, 2018 December 7,2018 8 2 lnit. Portions of Addenda relating to bidding requirements are not part of the Conhact Documents unless the bidding requirernents are also enumerated in this Article 9. S 9.1.7 Additional documents, if any, forming part of the Contract Documents are: .1 AIA Document Al32rM-2009, Exhibit A, Determination of the Cost of the Work, if applicable. .2 AIA Document E201rM-2007, Digital Data Protocol Exhibit, if completed, or the following: .3 AIA DocumentB202rM*2008, Building Information Modeling Protocol Exhibit, if completed, or the following: ,1 Other documents, if any, listed below: (List here any additional documents which are intended toform part of the Contract Documents. AIA Document 4232-2009 provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sampleforms and the Contraclor's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents.) ALA Documcnt A132il - 20@ (formcrly Al0lilCta - l9t2). Copyright O 1975, 1980, 1992 and 2009 by The American lnstituto of ArcfiitocG. All right3 rut rv.d. WARNING: Thls AIA' Document I. protected by U.S. Gopyrlght Law and lnbmatlonal Trratie!. Unauthorized ruproduc.tlon or dlstribution of gthis AIA' Document, or any portlon of l( may rcsult in a.v.r. ciyll and crlmlnal penaltlcr, .nd will be proaccut d to thc marimum Gxtent po3rlbl6 under the law. This document was produced by AIA sofr\irare at 11:46:45 MT on 12117fi2018 under Order No. 8449633179 stict expires on 1212812019, and is not fior resale. U!.r Not .: (3B9ADA63) Meridian City Council Meeting Agenda January 2, 2019 – Page 380 of 576 All binding documents including the Invitation to Bid, Instructions to Bidders, Supplemental Instructions to Bidders, Bid Proposal Forms, and the Project Schedule are intended to be part of the Contract Documents. AIA Document A232-2009 General Conditions Exhibit A, Contract Document Schedule dated December 13, 2018 ARTICLE 10 INSURANCE AND BONDS The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article 11 of AIA Document A232-2009 as modified Refer to Supplemental Conditions modifying AIA Document A232-2009 for changes and additions to Article 11 "Insurance and Bonds". Contractor is required to provide 100% Payment and Performance Bonds. (Table Deleted) This Agreement is entered into as of the day and year first writtenaW X V` OWN (Signat CO RAC OR(Si atur, Tammy de W er , Mayor Greg Marshall, Se for P T e-6 (Printed nam and title) (Printed name and title) Manager AIA Document A132- —2009 (formerly A701"'CMa —1992). Copyright ®1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA* Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 10 this AIAe Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible t under the law. This document was produced by AIA software at 11:46:45 MT on 12/17/2018 under Order No. 8449633179 which expires on 12/28/2019, and Is not for resale. User Notes: (3139ADA63) EXHIBIT A CONTRACT DOCU MENT SCHEDULE CITY OF MERIDIAN DISCOVERY PARK SHOP BUILDING 2121 E. LAKE HAZEL ROAD MERIDIAN, IDAHO 83642 KC PROJECT NO. 16-080 December 13,2018 PROJECT DOCUMENTS as issued by lnsight Architects and prepared by the following project team: Architect - lnsight Architects MEP Engineer - Musgrove Engineering, P.A. Structural Engineer - Structural Edge Civil/Landscape Architect - The Land Group, lnc. Construction Manager - Kreizenbeck, LLC dba Kreizenbeck Constructors ADDENDUMS Addendum No. One dated December 3, 2018 Addendum No. Two dated December7,2018 PROJECT MANUAL lnstructions to Bidders, Volume 1 of 1 Complete - dated November 09, 2018 DRAWINGS - Dated 11119/2018 ARCHITECTURALA0.1 CoverSheetA3.1 Roof & RCP PlansA5.1 Sections & Details51.1 Structural Details & Notes MECHANICAL M0.0 Mechanical Cover SheetM1.0 Mechanical Plan ELECTR!CAL E0 0 Electrical Cover SheetE0.2 Electrical Specs E1.0 Electrical Plans CIVIL FOR REFERENCE ONLY C2.10 Material Area J C2.3O Layout Area J C2.57 Site Section / Details C4.17 Grading Area L M.1 44.1 A6.1 M0.1 M2.0 E0.1 E0.3 E2.0 c2.17 c2.33 c4.10 Floor & FND Plans Exterior Elevations Door & Finish Schedules Mechanical Specs Mechanical Schedules & Details Lighting Compliance Forms Electrical Specs Electrical Schedules Material Area L Layout Area L Grading Area J Discovery Park Shop Building Page 1 of 1 December 13,2018 Meridian City Council Meeting Agenda January 2, 2019 – Page 382 of 576 Standard Form of Agreement Between Owner and Contractor,Construction Manager as Advrser Edition Bid Package No. 10 - HVAC System AGREEMENT made as of the Fourteenth day of December in the year Two Thousand Eighteen (In words, indicate day, month and year.) BETWEEN the Owner: (Name, legal status, address and other information) City of Meridian 33 East Broadway Avenue Meridian,Idaho 83642 and the Contractor: (Name, legal status, address and other information) TVR, Inc. 2925 S. Cole Road, Boise, Idaho 83709 Telephone Number: 208 -323 -0433 Fax Number: faxNumber for the following Project: (Name, location and detailed desciption) City of Meridian - Discovery Park Shop Building 2l2l East Lake Hazel Road in Meridian, Idaho 83642 The work involves construction of a new 2,240 SF shop building The Construction Manager: (Name, legal status, address and other information) Kreizenbeck, LLC DBA Kreizenbeck Constructors I1724 West Executive flrive, Boise, Idaho 83713 Telephone Number: (208) 336-9500 Fax Number: (208) 336-7 444 The Architect: (Name, legal status, address and olher information) ADDITTONS 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 Reporf that notes added information as well as revisions to the stiandard 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 attomey is encouraged with respect to its completion or modification. This document is intended to be used in conjunction with AIA Documents A232 n-2009, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition; B132il-2009, Standard Form of Agreement Between Orner and Architect, Construc{ion Manager as Adviser Edition; and C1 32n-2009, Standard Form of Agreement Between Orvner and Construction Manager as Adviser. AIA Document A232ru-2009 is adopted in this document by reference. Do not use with other general conditions unless this document is modified- Insight Architects, P.A. 2238 S. Broadway Avenue, Boise, Idaho 83706 Telephone Number: 208-33 8-9080 The Owner and Contractor agree as follows. AlA Documcnt Al32r - 20m fiormcrly Al0l rGta - f 992). Copyright @ 1975, 1980, 1992 and 2OOg by The Amorican lnstitutra of Arcfiitects. All rlght3r€lorvcd. WARNING: This A[Ao Documcnt is prot ctrd by U.S. Copyrlght Law 8nd lnbmatlonal T]ratler. Unaulhorlzcd ruproducflon or dlrtrl-builon of this AIA' Documerd, or any portion o, it, may rcluJt in scvore clyil and crlmlnal pcnaltlc!, and wlll bc procecutod to tho maxlmum ertont posslble under the law. This document was prcduced by AIA softlvar€ al11:15:12MI on 121171'12018 under Order No. 8449533179 wtricfi expires on 1z2gj2}1g, andis not br resale. Usar Notar: (3B9ADAS9) 1 lnlt. I Meridian City Council Meeting Agenda January 2, 2019 – Page 383 of 576 TABLE OF ARTICLES I THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COTIPLETION 4 CONTRACT SUIU 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TER]ilINATION OR SUSPENSION 8 ITIISCELLANEOUS PROVISIONS 9 ENUMERAT]ON OFCONTRACTDOCUMENTS 1(l INSURANCE AND BONDS (Paragraph Deleted) ARTICLE I THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement, all of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract, together with the performance bond and payment bond, if any, represent the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appqrs in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Confractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. Contract Requirements: Provide all labor, materials, permits and equipment required to install a complete and operable IfVAC system as noted in the construction documents and per the following: Section 15100 - Mechanical General Provisions r* Section 15300 - Heating, Ventilating and Air Conditioning ** As applicable to this scope of work This contract specifically includes but is not limited to: o Provide and install a complete and operable HVAC system as noted in the construction documents. o Provide and install thermostats where indicated. Include insulation and mounting hardware as required. o Provide and install pre-hnished mechanical louvers where scheduled. o Fumish and install all components specified to complete the EF curb mounting assembly including, but not limited to; sheet metal plates, factory curb, insulation, sealants, wood nailers, and motorized damper. Include hnal painting curb and exhaust fan. o Furnish and install access doors for this work. Coordinate location of access doors with other trades as applicable. o Provide and install all hangars, rods, supports and seismic braces for equipment installed in this bid package. o Provide, install, and maintain a safe, weather-tight cap on all roof openings/curbs as openings are made. Al,A Documcnt At32il - 2000 (formcrly A101rCile - 1902). Copyright O 1975, 19E0, 1992 and 2009 by Th6 American lnstituto of Arcfiitects. All rlghtr El.rv.d. WARilING: Thir AlA. Document ir protacted by U.S. CopyrigM Law and lntomatlonal Trcaffcc. Uneuthorlzod rcproductlon or dlstrlbutlon of this AIA' Document or any portion of it may rcsult ln r.v.r€ clvll and crlmlnal pcn.ltlrr, and wlll bc proeecuted to thc marlmum Gxtont porrlblo under tte law. This doq.rment was p@duced by AIA sofrware at 11 :15:.l2 MT on 121171120'18 under Order No. 8449633179 whidr expires on 122812019, and is not fur lesale. Urr Notcs: (3B9ADA59) 2 lnit. I Meridian City Council Meeting Agenda January 2, 2019 – Page 384 of 576 . Fire caulking and stopping as required for your work. o Provide and install all blocking, supports and shims required for this scope of work. . Supply all hoisting required for work within this package. o Make all penetrations as necessary to install work under this bid package. r Provide all flashings, flanges, and sealants forpenetrations as shown on the construction documents. . Any material or personnel lifts operated inside of the building are to be non-marking and non-damaging to the concrete surface. Concrete slabs are exposed and cannot be damaged. r Contractors Warranty (standard warranty) on the project is 2 years (minimum) from the date of final acceptance in lieu of the I year as indicated in the project manual. Refer to the Supplementary General Conditions included in the bid book. Extended warranties will be as noted in the contract documents. This contract specifically excludes: . Conduit, boxes, and conductors for mechanical equipment will be provided and installed by the Electrical Confractor. r Finish painting exposed ductwork. o Plumbing ARTICLE 3 DATE OF COilIMENCEiTIENT AND SUBSTANTIAL COMPLETION $ 3.,l The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement, if it differs from the date of this Agreement or, if applicable, state that the date will befixed in a notice to proceed.) I fn" commencement date will be fixed in a notice to proceed. If, prior to the commencement of the Work, the Owner requires time to file mortgages, mechanics' liens and other security interests, the Owner's time requirement shall be as follows: $ 3.2 The Contract Time shall be measured from the date of commencement. $ 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than ( ) days from the date of commencement, or as follows: (Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of cornmencernent. If appropriate, insert requirements for earlier Substantial Completion of certain porlions of the Work.) The Contractor shall achieve Substantial Completion of the entire Work not later than June 14, 2019 (lable Deleted) , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating tofailure to achieve Substantial Completion on time orfor bonus paynents for early completion of the Work.) In the event the Contractor, without excuse, fails to achieve Substantial Completion within the Contract Time, the Contractor shall pay to the Owner as liquidated damages, and not as a penalty, the sum of One Thousand Dollars ($1,000.00) or t/cyo of the Confiact Value (whichever is greater) for each and every calendar day following the end of the Contract Time until Substantial Completion is achieved; provided that the Contractor shall not be liable for liquidated damages for a day, or days ofthe excusable delay occurring during such period following the end ofthe Contract Time. AIA Document A132il - 2009 (formerly A101ilCma - 1992). Copyright @ 1975, 1980, 1992 and 2OOg by The American tnstitute of Architec.ts. All rightsrrloiYed. WARNING: This AlAo Document is protected by U.S. Copyright Law and lntemational Treatios. Unauthorized reproduction or distrabution of this AlAo Doctlment or any portion of it, may rcsult in seve.o civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA softflare at 1 1 :15:12 MT on 121fi nO18 under Order No. 8449633179 stlich expires on 12l21t211g, and is not for resale. lnit. User Notos:(3B9ADA59) 3 Meridian City Council Meeting Agenda January 2, 2019 – Page 385 of 576 ARTICLE4 CONTRACTSUM $ 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be one of the following: (Check the appropiate box.) t X I Stipulated Sum, in accordance with Section 4.2below t I Cost of the Work plus the Contractor's Fee without a Guaranteed Maximum Price, in accordance with Section 4.3 below t ] Cost of the Work plus the Contractor's Fee with a Guaranteed Maximum Price, in accordance with Section 4.4 below (Based on the selection above, complete Section 4.2, 4.3 or 4.4 below. Based on the selection above, also complete either Section 5.1.4, 5.1.5 or 5.1.6 below.) $ tl.2 Stipulated Sum $ 4.2.1 The Stipulated Sum shall be Ten Thousand Eight Hundred Dollars and, Zero Cents ($ 10,800.00 ), subject to additions and deletions as provided in the Contract Documents. $ 4.2.2 The Stipulated Sum is based on the following altemates, if any, which are described in the ConEact Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If the bidding or proposal documents permit the Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amountfor each and the date when that amount expires.) $ 4.2.3 Unit prices, if any: (Identify dnd state the unit pice, and state the quantity limitations, if any, to which the unit pice will be applicable.) Item Units and Limitations Pdce per Unit ($0.00) $ t1.2.4 Allowances included in the Stipulated Sum, if any: (Identify allowance and state exclusions, if any, from the allowance price.) Allowance | 1Po*grophs Deleted) I p*ogroph Deleted) I lPorog*ph Deleted) AIA Docum.nt A132il - 2009 (formrrly Al0tilCtr - 1992). Copyright @ 1975, 1980, 1992 and 2009 by The American lrctitute of Arcfiitsc6. A1 rtght3rr.rry.d. WARI{ING: This AIA' Docum.nt is protoctcd by U.S. Gopyright Law and lnt mational Trsatics. Uneuthodzod roproduclion or dl.trl-bution of thl3 AlAo Oocument, or any portion of it, may rccuh in c6verr civil and crimlnal penalties, and will be prolocuted to the maxlmum.xtent posslble undor the law. This doqJment was poduced by AIA softmre at 11 :15:12 MT on 12117t2018 under Order No. 8449633179 s,trich expiras on 1z2gj2}1g, and is not for r€sale. U!.r Notca: (3B9ADAS9) Item 4 lnit. I Meridian City Council Meeting Agenda January 2, 2019 – Page 386 of 576 (Paragraphs Deleted) (Table Deleted) I e*ogrophs Deleted) I p*ogroph Deleted) I earagraph Deleted) (Paragraphs Deleted) (Table Deleted) I g*ogroph Deteted) I earagraph Deleted) I po*groph Deleted) (Paragraphs Deleted) (Table Deleted) I earagraph Deleted) AIA Document A132il - 2009 (formcrly Al01 ilCma - 1992). Copyright @ 1975, 1980, 1992 and 2009 by The American lnstitute of Arcfiitecis. All rightr rurerucd. WARNING: This AlAo Documenl is protoctad by U.S. Copyright Law and lntomational Treatios. Unauthorlzed reproduc{ion or distribution of thi3 AlAo Document, or any portion of it, may re3ult in sevore civil and criminal p€nalties, and wlll b€ prorecutod to the maximum exbnt possiblo undar the law. This docurnent was producod by AIA softrare at 1 1 :1 5:12 MT on 1211712O18 under Order No. 8449533179 which expires on 122812019, and is not for resale. Usor Notes: lnit. (3B9ADA59) 5 I Meridian City Council Meeting Agenda January 2, 2019 – Page 387 of 576 ARTICLE 5 PAYMENTS $ 5.1 Progress Payments $ 5.1.1 Based upon Applications for Payment properly submitted to the Construction Manager by the Contractor, and upon certification of the Project Application and Project Certificate for Payment or Application for Payment and Certihcate for Payment by the Construction Manager and Architect and issuance by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Conftactor as provided below and elsewhere in the Contract Documents. $ 5.'1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: $ 5.,l.3 Provided that an Application for Payment is received by the Construction Manager not later than the Twenty- fifth day of a month, the Owner shall make payment of the certified amount in the Application for Payment to the Contractor not later than the Twenty-hfth day of the following month. If an Application for Payment is received by the Construction Manager after the application date fixed above, payment shall be made by the Owner not later than Thirry ( 30 ) days after the Construction Manager receives the Application for Payment. (Federal, state or local laws may require payment within a certain period of time.) $ 5.'1.4 Progress Payments Where the Contrac't Sum is Based on a Stipulated Sum S 5.1.1.1 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor and approved in writing by the Construction Manager and Architect in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Construction Manager and Architect may require. This schedule, when, and only when, approved in writing by the Construction Manager or Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. S 5.1.1.2 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. S 5.1.1.3 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Confract Sum allocated to that portion of the Work in the approved schedule of values, less retainage of Five percent ( 5.00 %). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included as provided in Section 7.3.9 of the General Conditions, as modified; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed constmction (or, if approved in writing in advance by the Owner, suitably stored offthe site at a location agreed upon in writing), less retainage of Five percent ( 5.00 %); .3 Subtract the aggregate of previous payments made by the Owner; .4 Subtract amounts, if any, for which the Construction Manager or Architect has withheld or nullihed a Certificate for Payment as provided in Section 9.5 of the General Conditions, as modihed; and .5 Subtract amounts, if any, being withheld by the Owner or Construction Manager as provided in the Contract Documents. S 5.1.4.4 The progress payment amount determined in accordance with Section 5.1.4.3 shall be further modified under the following circumstances: .1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to Ninety-five percent ( 95.00 7o) of the Contract Sum, less such amounts as the Construction Manager recommends and the Architect determines for incomplete or defective Work, or both and unsettled claims; and .2 Add, if hnal completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Section 9.10.3 of the General Conditions, as modif,red. Al,A Docum.nt A132il - 2009 (formcrly Al0lilCtr - 1992). Copyright @ 1975, 1980, 1992 and 2009 by The American lnstitute of ArchitecG. All rlghtc rc!.rv.d. WARNING: Thls AlAo Docum.nt l. protcc'ted by U.S. Copyrlght Law and lntomational Truatlcs. Unauthorized ruproducllon or distrlbution of 6this AlAo Document, or any portion of lt, mey result ln 36vene civll and crlmlnal penaltier, and wlll b. prosecuted to tfi6 marlmum.xt6nt possible under the law. Thas doorment was prcducod by AIA softrrare at 11:15:12 MI on 1211782O18 under Oder No. 8449633179 wtrich expires on 1212U2019, and is not br resale. Ulor Not s: (3B9ADA59) lnit. I Meridian City Council Meeting Agenda January 2, 2019 – Page 388 of 576 $ 5.1.4.5 Reduction or limitation of retainage, if any, shall be as follows: (If it is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resultingfrom the percentages inserted in Sections 5.1 .4.3. I and 5. L4.3.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) I Uo reduction in retainage will be allowed prior to final completion without written approval of the Owner. S 5.1.4.6 A condition will be included forbidding more retainage from a conffactor or supplier than retained from their portion of the Work. | 1P*ogrophs Deleted) I earagraptu Deleted) I earagraphs Deleted) $ 5.2 Final Payment $ 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Confiactor when .l the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2 of AIA Document A232-2009 as modified, and to satisfu other requirements, if any, which extend beyond hnal payment; .2 the Contractor has submitted a final accounting for the Cost of the Work, pursuant to Exhibit A, Determination of the Cost of the Work when payment is on the basis of the Cost of the Work, with or without a Guaranteed Maximum payment; and .3 a hnal Certihcate for Payment or Project Certificate for Payment has been issued by the Architect; such final payment shall be made by the Owner not more than 30 days after (l) the Contractor has fully performed the Contract and (2) the issuance of the final Certificate for Payment or Project Certihcate for Payment, or as follows: ARTICLE 6 DISPUTE RESOLUTION $ 6.1 lnitial Decision Maker The Architect will serve as Initial Decision Maker pursuant to Section 15.2 of AIA Document A2321009 as modified, unless the parties appoint below another individual, not a party to this Agreement, to serye as Initial Decision Maker. (If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Mal<er, if other than the Architect.) $ 6.2 Binding Dispute Resolution For any Claim subject to, but not resolved by, mediation pursuant to Section 15.3 of AIA Document A2321009 as modihed the method of binding dispute resolution shall be as follows: AIA Document A132r - 2000 (form.rly Al0l rGf. - 1902). Copyright @ 1975, 1980, 1992 and 2OOg by The American lnstitute of Architects. All rlghtrrus.,Y6d. WARNING: Thic Al,A' Document 13 protected by U.S. Gopyrlght Law and tnbmational Trcirtlec. Unauthorlzed reproduc.tion or distri-bution ofthi3 AIA' Doculnent, or any portlon ot lt, may r€sult in sever6 civil ind crlminal penaltlec, end will be prosocut.d to tho maximum exbnt possibleundffthclaw.ThisdocumentwasproducedbyAlAsoftwarealll 15:12MTon12tl7f2O18underOrderNo.8449633179whichexpireson 12l2gi2}1g,andis not fur resale. Urcr Notcr: (3B9ADAS9) 7 lnit. Meridian City Council Meeting Agenda January 2, 2019 – Page 389 of 576 (Check the appropiate box. If the Owner and Conffactor do nol select a method of binding dkpute resolution below, or do not subsequently agree in witing to a binding dispute resolution method olher than litigation, Claims will be resolved by litigation in a court of competent jurisdiction.) t 1 Arbitration pursuant to Section 15.4 of AIA Document A232-2009 t X ] Litigation in a court of competent jurisdiction. t I Other (Specify) ARTICLE 7 TERMINATION OR SUSPENSION $ 7.1 Where the Contract Sum is a Stipulated Sum $ 7.1.1 The Confiact may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A2321009 as modified. $ 7.1.2 The Work may be suspended by the Owner as provided in Article 14 of ALA Document A2321009 as modified. I paragraphs Deleted) ARTICLE 8 MISCELI,.ANEOUS PROVISIONS $ 8,1 Where reference is made in this Agreement to a provision of AIA Document N32-2009 as modified or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. $ 8.2 Payments due and unpaid under the Contract shall bear interest from the date paymurt is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate ofinterest agreed upon, fany) 518 of l% per month $ 8.3 The Owner's representative: (l{ame, address and other information) Mike Barton, Parks Superintendent City of Meridian Parks and Recreation Department 33 East Broadway Avenue, Suite 206 Meridian, Idaho 83642 $ 8.4 The Confiactor's representative: (Name, address and other information) David Tully 2925 S. Cole Road, Boise, Idaho 83709 AIA Documcnt A132r - 2009 (formorly A101 r..orvad. WARNING: This AlAo Document is rGta -'1992). Copyright @ 1l protecled by U.S. CopyrigM thlr AlA. Documcnt, or any porfron of lt may rrrult ln aavar! undor the law. This dooJment was not for resale. civil and criminal ponaltios, and will I 1:'15:12 MTon 12l17nUB underOrder All rightr dishibution of b. pro!.cut d to thc marlmum exbnt po$lble No. 84496331 79 which expires on 122812019, and is 975, 1 980, 1 992 and 2009 by The American tnstitute of Architects. L.w end lnt mdlonel Tredcr. Unauthorlzcd rrproduction or lnit. Uccr ilotss: poduced by AIA softrare at 1 (3B9ADAs9) 8 I Meridian City Council Meeting Agenda January 2, 2019 – Page 390 of 576 Telephone Number: 208 -323 -0433 Fax Number: 208-454-1999 Mobile Number: 208 -283 -324 | I email Address: davet@twinc.net $ 8.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. $ 8.6 Other provisions: ARTICLE 9 ENUilIERATION OF CONTRACT DOCUMENTS $ 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated in the sections below. $ 9.1.1 The Agreement is this executed AIA Document A132)009 as modihed, Standard Form of Agreement Between Owner and Contractor, Construction Manager as Adviser Edition. $ 9.1.2 The General Conditions are, AIA Document A232-2009 as modified, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition. $ 9.1.3 The Supplementary and other Conditions of the Contract: Document Title Date Pages Exhibit A Contract Document Schedule December 13,2018 I $ 9.1.4 The Specifications: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Title of Specifications exhibit: Contract Document Schedule, Exhibit A, dated December 13, 2018 I [otle Deleted) $ 9.1.5 The Drawings: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Title of Drawings exhibit: Conftact Document Schedule, Exhibit A, dated December 13, 2018 I frrtle Deleted) $ 9.1.6 The Addenda, if any: Number Date One Two December 3, 2018 December 7,2018 Pages 8 2 Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. S 9.1.7 Additional documents, if any, forming part of the Contract Documents are: "l AIA Document AB2TM-2009, Exhibit A, Determination of the Cost of the Work, if applicable..2 AIA Document E201rM-2007, Digital Data Protocol Exhibit, if completed, or the following: AlA DocumcntAl32r -200e (form.rlyAl0lilCllt- 1992). Copyright@ 1975, 1980, .l992 and 2009 byTheArnerican tnstit,rte ofArcfiitec{s. Ail rlghtlB3crv.d. WARNING: Thlr Al,A3 _Documcnt ls P?otec{od by U.S. Gopyright Law and lntemational Trritler. Unauthorlzcd Eproduclon or dbfildlon ofthi3 AIA' 9*rln"rrt, or any pordon ot lt, may ]llult ln a.verr clvll and crlminal p6naltlo!, and will b. prosecutcd to thc maxlmum ext nt pocsibleundertholaw.ThisdocumantwaspToduedbyAlAsofiwar€at11:15:'t2MTon12l17l2}18underOrderNo.8449633i7Swhichoxpir$on 1Z2Ei2O1g,andisnot br resale. Urcr Notcr: (3B9ADAS9) Ilnit. I Meridian City Council Meeting Agenda January 2, 2019 – Page 391 of 576 .2 AIA Document E20ITm-2007, Digital Data Protocol Exhibit, if completed, or the following: .3 AIA Document E202T"--2008, Building Information Modeling Protocol Exhibit, if completed, or the following: .4 Other documents, if any, listed below: (List here any additional documents which are intended to form part of the Contract Documents. AIA Document A232-2009 provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents) All binding documents including the Invitation to Bid, Instructions to Bidders, Supplemental Instructions to Bidders, Bid Proposal Forms, and the Project Schedule are intended to be part of the Contract Documents. AIA Document A232-2009 General Conditions Exhibit A, Contract Document Schedule dated December 13, 2018 ARTICLE 10 INSURANCE AND BONDS The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article 11 of AIA Document A232-2009 as modified Refer to Supplemental Conditions modifying AIA Document,4232-2009 for changes and additions to Article II "Insurance and Bonds ". Contractor is required to provide 100% Payment and Performance Bonds. (Table Deleted) This Agreement is entered into as of the day and year first written above. 0 Tammy dee , Mayor -amm a d -P- Oee-rd, k a� (Printed ame and title) CONTRACTO ignature) Eli Dorsey, Project Manager Le A( t rot CJ WIC,,%—%C (Printed name Ad title) Inst. AIA Document A132" —2009 (formerly A701"'CINa —1992). Copyright® 1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIAe Document Is protected by U.S. Copyright law and International Treaties. Unauthorized reproduction or distribution of 10 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 t under the law. This document was produced by AIA software at 12:52:24 MT on 12/17/2018 under Order No. 8449633179 which expires on 12/28/2019, and Is not for resale. User Notes: (MADAK) EXHIBIT A CONTRACT DOCUMENT SCHEDULE CITY OF MERIDIAN DISCOVERY PARK SHOP BUILDING 2121 E. LAKE HAZEL ROAD MERIDIAN, IDAHO 83642 KC PROJECT NO. 16-080 December 13,2018 PROJECT DOCUMENTS as issued by lnsight Architects and prepared by the following project team: Architect - lnsight Architects MEP Engineer - Musgrove Engineering, P.A. Structural Engineer - Structural Edge Civil/Landscape Architect - The Land Group, lnc. Construction Manager - Kreizenbeck, LLC dba Kreizenbeck Constructors ADDENDUMS Addendum No. One dated December 3 Addendum No. Two dated December 7 PROJECT MANUAL DRAWINGS - Dated 11/19/2018 8 8 201 201 lnstructions to Bidders, Volume 1 of 1 Complete - dated November 09, 2018 ARCHITECTURAL A0.1 Cover SheetA3.1 Roof & RCP PlansA5.1 Sections & Details 51.1 Structural Details & Notes MECHANICAL M0.0 Mechanical Cover SheetM1.0 Mechanical Plan ELECTRICAL E0.0 Electrical Cover SheetE0.2 Electrical Specs81.0 Electrical Plans CIVIL FOR REFERENCE ONLY C2.10 Material Area J C2.30 Layout Area J C2.57 Site Section / Details C4.17 Grading Area L M.1 44.1 A6.1 M0.1 M2.0 E0.1 E0.3 E2.0 c2.17 c2.33 c4.10 Floor & FND Plans Exterior Elevations Door & Finish Schedules Mechanical Specs Mechanical Schedules & Details Lighting Compliance Forms Electrical Specs Electrical Schedules Material Area L Layout Area L Grading Area J Discovery Park Shop Building Page 1 of 1 December 13,2018 Meridian City Council Meeting Agenda January 2, 2019 – Page 393 of 576 =WAIA Document A132- - 2rlrl9 Standard Form of Agreement Between Owner and Contractor,Construction Manager as Adviser Edition Bid Package No. 11 - ElectricalSystems AGREEMENT made as of the Fourteenth day of December in the year Two Thousand Eighteen (In words, indicate day, month and year.) BETWEEN the Owner: Q'Iame, legal status, address and other information) City of Meridian 33 East Broadway Avenue Meridian, Idaho 83642 and the Contractor: (Name, legal status, address and olher information) KKP Electrical Contractors LLC dba Mountain Power Electrical Contractors PO Box 16777, Boise, Idaho 83715 Telephone Number: 208-377 -3305 Fax Number: 208-323 -07 39 for the following Project: (Name, location and detailed description) City of Meridian - Discovery Park Shop Building 2l2l East Lake Hazel Road in Meridian, Idaho 83642 The work involves construction of a new 2,240 SF shop building The Construction Manager: (Name, legal status, address and other information) Kreizenbeck, LLC DBA Kreizenbeck Constructors I1724 West Executive Drive, Boise, Idaho 83713 Telephone Number: (208) 336-9500 Fax Number: (208) 336-7 444 The Architect: (Name, legal status, address and other information) Insight Architects, P.A. 2238 S. Broadway Avenue, Boise, Idaho 83706 Telephone Number: 208-338-9080 The Owner and Contractor agree as follows. AODITIONS 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 neoessary information and where the author has added to or deleted from the original AIA text. This document has important legal @nsequences. Consultation with an aftomey is encouraged with respect to its completion or modification. This document is intended to be used in conjunction with AIA Documents A232il-2009, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition; 8132il-2009, Standard Form of Agreement Between o(,vner and Architect, Construction Manager as Adviser Edition; and C132il-2009, Standard Form of Agreement Between Orner and Construction Manager as Adviser. AIA Document A232n-2009 is adopted in this document by reference. Do not use with other general conditions unless this document is modified. lnit. Usor Not s: (3B9ADA5E) of1 I Meridian City Council Meeting Agenda January 2, 2019 – Page 394 of 576 I rmLE oFARTTcLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACTSUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUSPROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS I(, INSURANCE AND BONDS I earagraph Deleted) ARTICLE I THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreernent and Modifications issued after execution of this Agreement, all of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract, together with the performance bond and payment bond, if any, r€present the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. Contract Requirements: Provide all labor, materials, permits and equipment required to install a complete and operable electrical system es noted in the construction documents and per the following: Division 26 - Electrical (complete) Section l5 100 - Mechanical General Provisions+ + Section 15300 - Heating, Ventilating, and Air Conditioning**** As applicable to this scope of work I fHs contract specifically includes but is not limited to: o Fumish and install a complete and operational electrical system in accordance with construction documents. . Include all conduit, boxes and conductors for all mechanical equipment as required.o Provide and install (l) 200 AMP temporary power panel for construction power as located by the CM site superintendent. Temporary power requirements shall include a minimum of (6)l l0V and (2) 220V outlets per panel as necessary to facilitate work.o Excavation, backhll and compaction for your work. Provide suitable hll for trenching operation as required. o All trenches will need to be re-compacted (95%o modified proctor) with structural fill materials up to the lnit. U3er Notes: (3BgADAsE) or2 I ts Meridian City Council Meeting Agenda January 2, 2019 – Page 395 of 576 bottom ofthe concrete, paving, or landscape surfaces as applicable. r Complete all line voltage connections as necessary for all work provided by others. r Coordinate all work as required with Idaho Power. r Fire caulking and fire stopping as required for your work. o Provide, maintain and remove temporary lighting for all building areas in accordance with OSHA requirements. . Any material or personnel lifts operated inside of the building are to be non-m.uking and non-damaging to the concrete surface. Concrete slabs are exposed and cannot be damaged. o Contractors Warranty (standard warranty) on the project is 2 years (minimum) from the date of final acceptance in lieu of the I year as indicated in the project manual. Refer to the Supplementary General Conditions included in the bid book. Extended warranties will be as noted in the contract documents. This contract specilically excludes: a Idaho Power Fees. (They will be paid by the Owner direct) ARTICLE 3 DATE OF COTII{ENCEXIENT AND SUBSTANTIAL COMPLETION $ 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement, if it difers from the date of this Agreemenl or, if applicable, state that the date will belixed in a notice to proceed.) I fn" commencement date will be fixed in a notice to proceed. If, prior to the commencement of the Work, the Owner requires time to file mortgages, mechanics' liens and other security interests, the Owner's time requirement shall be as follows: $ 3.2 The Contract Time shall be measured from the date of commencement. $ 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than ( ) days from the date of commencement, or as follows: (Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of commencement. If appropriate, insert requirements for earlier Substantial Completion of certain portions of the Work.) The Contractor shall achieve Substantial Completion of the entire Work not later than June 14, 2019 (Table Deleted) , subject to adjustrnents of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relattng to failure to achieve Substantial Completion on time or for bonus payments for early completion of the Work.) In the event the Contractor, without excuse, fails to achieve Substantial Completion within the Contract Time, the Conffactor shall pay to the Owner as liquidated damages, and not as a penalty, the sum of One Thousand Dollars ($1,000.00) or Ycyo of the Contract Value (whichever is greater) for each and every calendar day following the end of the Contract Time until Substantial Completion is achieved; provided that the Contractor shall not be liable for liquidated damages for a day, or days of the excusable delay occurring during such period following the end of the Contract Time. lnit.of3 Ussr Notos: (3B9ADA5E) tsI Meridian City Council Meeting Agenda January 2, 2019 – Page 396 of 576 ARTICLE4 CONTRACTSUilI $ tl.l The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's perforrnance of the Contract. The Contract Sum shall be one of the following: (Check the appropiate box.) t X ] Stipulated Sum, in accordance with Section 4.2 below t ] Cost of the Work plus the Contractor's Fee without a Guaranteed Maximum Price, in accordance with Section 4.3 below t I Cost of the Work plus the Conftactor's Fee with a Guaranteed Maximum Price, in accordance with Section 4.4 below (Based on the selection above, complete Section 4.2, 4.3 or 4.4 below. Based on the selection above, also complete either Section 5.1.4, 5.1.5 or 5.1.6 below.) $ '1.2 Stipulated Sum $ t1.2.'l The Stipulated Sum shall be Thirty-Three Thousand Nine Hundred Twenty-Three Dollars andZero Cents ($ 33,923.00 ), subject to additions and deletions as provided in the Contract Documents. $ 4.2.2 The Stipulated Sum is based on the following altemates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other idenlification of accepted alternates. If the bidding or proposal documents permit the Owner to accept other alternates subsequent to the execution ofthis Agreement, attach a schedule ofsuch other alternates showing the amountfor each and the date when that amount expires) $ t0.2.3 Unit prices, if any: (Identifi and state the unit price, and state the quantity limitations, if any, to which the unit pice will be applicable.) Item Unib and Limitations Price per Unit (10.00) $ 4.2.4 Allowances included in the Stipulated Sum, if any: (Identify allowance and state exclusions, if any, from the allowance pice.) Allowance I e*ogroplu Deleted) I earagraph Deleted) (Paragraph Deleted) Item lnit. Ut r Nolca:(3B9ADAsE) ts or4 I Meridian City Council Meeting Agenda January 2, 2019 – Page 397 of 576 (Paragraphs Deleted) (Table Deleted) I e*ogroplu Deleted) I p*ogroph Deleted) | @aragraph Deleted) (Paragraphs Deleted) (Table Deleted) I lPorrgroph Deleted) I paragraph DeleteQ I ga*graph Deleted) (Paragraphs Deleted) (Table Deleted) I p*agraph Deleted) lnit. User Notoc: (3B9ADA5E) 5 I Meridian City Council Meeting Agenda January 2, 2019 – Page 398 of 576 lnit. ARTICLE 5 PAYTUENTS $ 5.1 Progress Payments $ 5.1.1 Based upon Applications for Pa)rment properly submitted to the Construction Manager by the Contractor, and upon certification of the Project Application and Project Certihcate for Payment or Application for Payment and Certificate for Payment by the Construction Manager and Architect and issuance by the Architect the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. $ 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: $ 5.1.3 Provided that an Application for Payment is received by the Construction Manager not later than the Twenty- fifth day of a month, the Owner shall make payment of the certified amount in the Application for Payment to the Contractor not later than the Twenty-fifth day of the following month. If an Application for Payment is received by the Construction Manager after the application date fixed above, payment shall be made by the Owner not later than Thirty ( 30 ) days after the Construction Manager receives the Application for Payment. (Federal, slate or local laws may require payment within a certain peiod of time.) $ 5.1.4 Progress Payments Where the Contract Sum is Based on a Stipulated Sum S 5.1.1.1 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor and approved in writing by the Construction Manager and Architect in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Construction Manager and Architect may require. This schedule, when, and only when, approved in writing by the Construction Manager or Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. S 5.1.4.2 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. $ 5.f .1.3 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the approved schedule of values, less retainage of Five percent ( 5.00 0/o). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included as provided in Section 7.3.9 of the General Conditions, as modihed; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, ifapproved in writing in advance by the Owner, suitably stored offthe site at a location agreed upon in writing), less retainage of Five percent (5.00 %);.3 Subtract the aggregate of previous payments made by the Owner;.1 Subtract amounts, if any, for which the Construction Manager or Architect has withheld or nullified a Certificate for Payrnent as provided in Section 9.5 of the General Conditions, as modified; and.5 Subtract amounts, if any, being withheld by the Owner or Construction Manager as provided in the Contract Documents. S 5.1.4.1 The progress payment amount determined in accordance with Section 5. I .4.3 shall be further modified under the following circumstances: .1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to Ninety-five percent ( 95.00 %) of the Confiact Sum, less such amounts as the Construition Manager recommends and the Architect determines for incomplete or defective Work, or both and unsettled claims; and '2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Section 9.10.3 of the-General Cond.itions, asmodified. or6 Usor Notas (3B9ADA5E) is I Meridian City Council Meeting Agenda January 2, 2019 – Page 399 of 576 S 5.1.4.5 Reduction or limitation of retainage, if any, shall be as follows: (If it is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resultingfrom the percentages inserted in Sections 5.1.4.3.1 and 5.1.4.3.2 above, and this is not *plained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) I No reduction in retainage will be allowed prior to final completion without written approval of the Owner S 5.1.4.6 A condition will be included forbidding more retainage from a confractor or supplier than retained from their portion of the Work. I lPorrgrophs Deleted) I g*ogrophs Deleted) I paragraphs Deleted) $ 5.2 Final Payment $ 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when .l the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2 of AIA Document A232-2009 as modified, and to satisS other requirements, if any, which extend beyond final payment; .2 the Contractor has submitted a final accounting for the Cost of the Work, pursuant to Exhibit A, Determination of the Cost of the Work when payment is on the basis of the Cost of the Work, with or without a Guaranteed Maximum paymenl and .3 a final Certificate for Payment or Project Certificate for Payment has been issued by the Architect; such final payment shall be made by the Owner not more than 30 days after (l) the Contractor has fully performed the Contract and (2) the issuance of the hnal Certificate for Payment or Project Certihcate for Payment, or as follows: ARTICLE 6 DISPUTE RESOLUTION $ 6.1 lnitial Decision Maker The Architect will serve as Initial Decision Maker pursuant to Section I 5.2 of AIA Document A232)009 as modified, unless the parties appoint below another individual, not a party to this Agreement, to serye as Initial Decision Maker. (If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Makcr, if other than the Architect.) $ 6.2 Binding Dispute Resolution For any Claim subject to, but not resolved by, mediation pursuant to Section 15.3 of AIA Document A232J009 asmodified, the method of binding dispute resolution shall be as follows: lnit. User Notes: (3B9ADA5E) ofT I Meridian City Council Meeting Agenda January 2, 2019 – Page 400 of 576 (Check the appropriate box. If the Owner and Contractor do not select a method of binding dispute resolution below, or do not subsequently agree in witing to a binding dispute resolution method other than litigation, Claims will be resolved by liligation in a court of competent jurisdiction.) t ] Arbitration pusuant to Section 15.4 of AIA Document A232-2009 t X ] Litigation in a court of competent jurisdiction. t I Other: (Specifu) ARTICLE 7 TERilIINATION OR SUSPENSION $ 7.1 Where the Gontract Sum is a Stipulated Sum $ 7.1.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document 42321009 as modified. $ 7.1.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A232-2009 as modified. (Paragraplx Deleted) ARTICLE 8 i'ISCELI,.ANEOUS PROVISIONS $ 8.1 Where reference is made in this Agreement to a provision of AIA Document A232-2009 as modified or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. $ 8.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate ofinterest agreed upon, ,fony.) 518 of l%o per month $ 8.3 The Owner's representative: (Name, address and other information) Mike Barton, Parks Superintendent City of Meridian Parks and Recreation Department 33 East Broadway Avenue, Suite 206 Meridian, Idaho 83642 $ 8.4 The Contractor's representative: (Name, address and other information) Eli Doney PO Box 16777,Boise,Idaho 83715 lnit. User Notes:(3B9ADA5E) ts of8 I Meridian City Council Meeting Agenda January 2, 2019 – Page 401 of 576 Telephone Number: 208-377 -3305 Fax Number: 208-323 -07 39 Email Address: elidorsey@mtnpwr.com $ 8.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. $ 8,6 Other provisions: ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS $ 9..l The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated in the sections below. $ 9.'1.1 The Agreement is this executed AIA Document A132-2009 as modified, Standard Form of Agreement Befween Owner and Contractor, Construction Manager as Adviser Edition. $ 9.1.2 The General Conditions are, AIA Document A232)009 as modified, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition. $ 9.1.3 The Supplementary and other Conditions of the Contract: Document Title Date Pages Exhibit A Contract Document Schedule December 13, 2018 I $ 9.1.4 The Specifications: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Title of Specifications exhibit: Contract Document Schedule, Exhibit A, dated December 13,2018 I grtle Deteted) $ 9.1.5 The Drawings: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Title of Drawings exhibit: Contract Document Schedule, Exhibit A, dated December 13, 2018 I Gotle Deleted) $ 9.1.6 The Addenda, if any: Number One Two Date December 3, 2018 December 7,2018 Pages 8 2 Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. $ 9.1.7 Additional documents, if any, forming part of the contract Documents are:.1 AIA Document Al32rM-2009, Exhibit A, Determination of the Cost of the Work, if applicable. lnit. UBer Notas (3B9ADAsE) is org I Meridian City Council Meeting Agenda January 2, 2019 – Page 402 of 576 .3 AIA Document E202Tm -2008, Building Information Modeling Protocol Exhibit, if completed, or the following: Other documents, if any, listed below: (List here any additional documents which are intended to form part of the Contract Documents. AIA Document A232-2009 provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents) All binding documents including the Invitation to Bid, Instructions to Bidders, Supplemental Instructions to Bidders, Bid Proposal Forms, and the Project Schedule are intended to be part of the Contract Documents. AIA Document A232-2009 General Conditions Exhibit A, Contract Document Schedule dated December 13, 2018 ARTICLE 10 INSURANCE AND BONDS The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article 11 of AIA Document A232-2009 as modified Refer to Supplemental Conditions modifying AIA Document A232-2009 for changes and additions to Article 11 "Insurance and Bonds ". Contractor is required to provide 100% Payment and Performance Bonds. (Table Deleted) This Agreement is entered into as of the day and year first writtbove. OW ER(Signa re) CONTRAC Signature) Tammy de W , Mayor David Tully, C.O.O. Gv C. o (Printed to and title) (Printed name and title) Inst. AIA Document A132T — 2009 (formerly A101 "'CMa —1992). Copyright ®1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA* Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of (Q this AIAe Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible / under the law. This document was produced by AIA software at 11:15:12 MT on 12/17/2018 under Order No. 8449633179 which expires on 12/2812019, and is not for resale. User Notes: (3139ADA59) EXHIBIT A CONTRACT DOCUMENT SCHEDU LE CITY OF MERIDIAN DISCOVERY PARK SHOP BUILDING 2121 E. LAKE HAZEL ROAD MERIDIAN, IDAHO 83642 KC PROJECT NO. 16-080 December 13,2018 PROJECT DOCUMENTS as issued by lnsight Architects and prepared by the following project team: Architect - lnsight Architects MEP Engineer - Musgrove Engineering, P.A. Structural Engineer - Structural Edge Civil/Landscape Architect - The Land Group, lnc. Construction Manager - Kreizenbeck, LLC dba Kreizenbeck Constructors ADDENDUMS Addendum No. One dated December 3, 2018 Addendum No. Two dated December7,2018 PROJECT MANUAL lnstructions to Bidders, Volume 1 of 1 Complete - dated November 09, 2018 DRAWINGS - Dated 1111912018 ARCHITECTURAL A0.1 CoverSheet A3.1 Roof & RCP PlansA5.1 Sections & Details 51.1 Structural Details & Notes MECHANICAL M0.0 Mechanical Cover SheetM1.0 Mechanical Plan ELECTR!CAL E0.0 Electrical Cover SheetE0.2 Electrical SpecsE1.0 Electrical Plans CIVIL FOR REFERENCE ONLY C2.10 Material Area J C230 Layout Area J C2.57 Site Section / Details C4.17 Grading Area L 42.1 44.1 A6.1 M0.1 M2.0 Floor & FND Plans Exterior Elevations Door & Finish Schedules Mechanical Specs Mechanical Schedules & Details Lighting Compliance Forms Electrical Specs Electrical Schedules Material Area L Layout Area L Grading Area J E0.1 E0.3 E2.0 c2.17 c2.33 c4.10 Discovery Park Shop Building Page 1 of 1 December 13,2018 Meridian City Council Meeting Agenda January 2, 2019 – Page 404 of 576 Meridian City Council Meeting Agenda January 2, 2019 – Page 405 of 576 Meridian City Council Meeting Agenda January 2, 2019 – Page 406 of 576 Meridian City Council Meeting Agenda January 2, 2019 – Page 407 of 576 Meridian City Council Meeting Agenda January 2, 2019 – Page 408 of 576 Meridian City Council Meeting Agenda January 2, 2019 – Page 409 of 576 Meridian City Council Meeting Agenda January 2, 2019 – Page 410 of 576 Meridian City Council Meeting Agenda January 2, 2019 – Page 411 of 576 Meridian City Council Meeting Agenda January 2, 2019 – Page 412 of 576 Meridian City Council Meeting Agenda January 2, 2019 – Page 413 of 576 Meridian City Council Meeting Agenda January 2, 2019 – Page 414 of 576 Meridian City Council Meeting Agenda January 2, 2019 – Page 415 of 576 Meridian City Council Meeting Agenda January 2, 2019 – Page 416 of 576 Meridian City Council Meeting Agenda January 2, 2019 – Page 417 of 576 City Council Meeting Agenda January 2, 2019 Agenda Item Number: 6 P Project File Number: Item Title: AP Invoices for Payment 12/26/18 - $1,063,100.35. Request: Meeting Notes: 9 I TEM SHEET C ouncil Agenda I tem - 6.P. Presenter: Estimated Time f or P resentation: Title of I tem - AP Invoices for P ayment 12/26/18 - $1,063,100.35 C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate I nvoices for Payment Cover Memo 12/20/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 12/20/2018 - 12:35 P M Meridian City Council Meeting Agenda January 2, 2019 – Page 418 of 576 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 HEATING & AIR CONDITIONING Kleiner Park heater repair 636.00 01 General Fund A-CORE OF BOISE, INC.core drilling for water control at Homecourt 220.00 01 General Fund A-CORE OF BOISE, INC.core floor drilling for installation of volleyball standards 220.00 01 General Fund AD800 Refund: H-2018-0141, overpayment on ck# 2133, CR19-143 12/14 10.00 01 General Fund ADVANCED SYSTEMS GROUP Annual Basic Maintenance Renewal-Veeam Backup & Replication 7,128.00 01 General Fund AMY MERRILL instructor fee-Ballet,HipHop,Contemporary 10/22-12/4/18 x 8 350.40 01 General Fund ARLENCO DISTRIBUTION, INC maglock for Fuller Park restroom - qty 1 273.60 01 General Fund ASSOCIATED TAXPAYERS OF IDAHO ATI Annual conference/ J Fields, R Cunningham, B Purser 300.00 01 General Fund BARRY EQUIPMENT & RENTAL Bobcat toolcat servicing 638.90 01 General Fund BDPA INC Consulting Job Reviews/ Compensation Meetings 990.00 01 General Fund BDPA INC Consulting on new CD positions 360.00 01 General Fund BERRY ELECTRICAL SERVICES, INC.19-0027 Streetlight Maintenance, 40158C, 11/29/18 54.00 01 General Fund BERRY ELECTRICAL SERVICES, INC.19-0027 Streetlight Maintenance, 40159C, 11/29/18 138.00 01 General Fund BERRY ELECTRICAL SERVICES, INC.19-0027 Streetlight Maintenance,02785C, 12/07/18 94.00 01 General Fund BERRY ELECTRICAL SERVICES, INC.19-0027 Streetlight Maintenance,2864B, 11/29/18 102.00 01 General Fund BERRY ELECTRICAL SERVICES, INC.19-0027 Streetlight Maintenance,29147B, 11/29/18 181.00 01 General Fund BERRY ELECTRICAL SERVICES, INC.19-0027 Streetlight Maintenance,29521B, 12/07/18 90.00 01 General Fund BERRY ELECTRICAL SERVICES, INC.19-0027 Streetlight Maintenance,30087B, 12/07/18 142.00 01 General Fund BERRY ELECTRICAL SERVICES, INC.19-0027 Streetlight Maintenance,30250B, 12/07/18 294.00 01 General Fund BERRY ELECTRICAL SERVICES, INC.19-0027 Streetlight Maintenance,40332C, 12/07/18 94.00 01 General Fund BERRY ELECTRICAL SERVICES, INC.19-0027 Streetlight Maintn, Multiple/Idaho&Meridia, 11/29/18 7,593.62 01 General Fund BERRY ELECTRICAL SERVICES, INC.19-0027, Streetlight Maintenance, 29136B, 12/29/18 412.27 01 General Fund BERRY ELECTRICAL SERVICES, INC.19-0027, Streetlight Maintenance, 40152C, 12/29/18 54.00 01 General Fund BERRY ELECTRICAL SERVICES, INC.19-0027, Streetlight Maintenance, 40153C, 12/29/18 138.00 01 General Fund BERRY ELECTRICAL SERVICES, INC.19-0027, Streetlight Maintenance, 40154C, 12/29/18 54.00 01 General Fund BERRY ELECTRICAL SERVICES, INC.19-0027, Streetlight Maintenance, 40155C, 12/29/18 54.00 01 General Fund BERRY ELECTRICAL SERVICES, INC.19-0027, Streetlight Maintenance, 40156C, 12/29/18 196.00 01 General Fund BERRY ELECTRICAL SERVICES, INC.19-0027, Streetlight Maintenance, 40231C, 12/29/18 238.00 01 General Fund BERRY ELECTRICAL SERVICES, INC.19-0027,Streetlight Maintenance, 40151C, 11/29/18 138.00 01 General Fund BERRY ELECTRICAL SERVICES, INC.19-0027,Streetlight Maintenance, 40161C, 11/29/18 54.00 01 General Fund BERRY ELECTRICAL SERVICES, INC.19-0027,Streetlight Maintenance, 40162C, 11/29/18 280.00 01 General Fund BERRY ELECTRICAL SERVICES, INC.19-0027,Streetlight Maintenance, 40163C, 11/29/18 54.00 01 General Fund BERRY ELECTRICAL SERVICES, INC.19-0027,Streetlight Maintenance, 40164C, 11/29/18 138.00 01 General Fund BOISE FITNESS EQUIPMENT Maintenance Performed at City Hall Gym 45.00 01 General Fund BRADY INDUSTRIES, LLC.220/Janitorial, St. 1, cleaner, liners, towels 108.89 Date: 12/20/18 12:19:17 PM Page: 1Meridian City Council Meeting Agenda January 2, 2019 – Page 419 of 576 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 BRADY INDUSTRIES, LLC.220/Janitorial, ST. 3, cleaner, liner, towels 152.91 01 General Fund BRADY INDUSTRIES, LLC.220/Janitorial, St. 4 200.68 01 General Fund BRADY INDUSTRIES, LLC.220/Truck wash, St. 1 60.00 01 General Fund CALLBACK STAFFING SOLUTIONS, LLC Support Plan less than 100 users (monthly)39.99 01 General Fund CANYON HONDA Handlebar Risers for Unit # 526 179.00 01 General Fund CARPENTER SCREEN PRINTING 2018 Flag Football champion shirts - qty 32 254.40 01 General Fund CASCADE FENCE COMPANY, INC.fencing wire supplies for Storey/Bark Park 196.50 01 General Fund CDW GOVERNMENT 19-0152 MS GSA OfficeStd 2019, MS GSA Office Pro Plus 2019 122,425.00 01 General Fund CDW GOVERNMENT CradlePoint 1 Yr Netcloud Essentials 6,660.00 01 General Fund CDW GOVERNMENT CradlePoint 1 yr Rnwl Netcloud Essen 9,935.00 01 General Fund CHAD SOMBKE, PH.D, P.C.Fitness for Duty Eval 100.00 01 General Fund CHIEF SUPPLY CORPORATION Collapsible Cones for K9 Officer Vehicles 870.49 01 General Fund CHIEF SUPPLY CORPORATION Re-Stock Inventory of Emergency Blankets for Patrol Cars 59.39 01 General Fund CINTAS First Aid Kit Maintenance 524.69 01 General Fund CINTAS medical supplies for Lanark Parks Shop cabinet - qty 12 128.67 01 General Fund CIVIL SURVEY CONSULTANTS 18-0301 Professional Services durin the period of 10/1/18-10 673.67 01 General Fund COMMERCIAL TIRE 220/2 new tires, MF041 1,332.98 01 General Fund CS2, LLC Refund: Surety-2016-0101, Creason Creek Sub. No. 1,68,085.33 01 General Fund D & A DOOR & SPECIALTIES, INC.ADA Centennial Park door closer install - qty 2 650.00 01 General Fund D & B SUPPLY milkhouse space heater for pump at Storey Park - qty 3 59.97 01 General Fund D & B SUPPLY rope & hitch pins - qty 10 31.50 01 General Fund DAY WIRELESS SYSTEMS additional radios for 2018 parade set-up team 100.00 01 General Fund DAY WIRELESS SYSTEMS portable radios - qty 10 350.00 01 General Fund DISTINCTIVE MILLWORK & SPEC 220/repair cabinets in Hazmat room St. 3 923.00 01 General Fund DONE RITE TREE CO.Box Elder tree removal at Storey Park - qty 1 450.00 01 General Fund DONE RITE TREE CO.Storey Park tree trimming - qty 34 9,000.00 01 General Fund EMILY GULL instructor fee - PreSchool Fun/Plus 10/23-12/5/18 x 29 894.40 01 General Fund ERS, EMERGENCY RESPONDER SERVICES, INC. Create & Install Cover Plate for Holes in Seat Unit # 161 173.00 01 General Fund ERS, EMERGENCY RESPONDER SERVICES, INC. Manufacture & Install Cover Plates for Prisoner Seats #166 173.00 01 General Fund FAMILY TANG SOO DO instructor fee - Martial Arts 1/6-12/4/18 - qty 16 472.00 01 General Fund FASTENAL COMPANY bandsaw blade - qty 1 24.46 01 General Fund FASTENAL COMPANY wood screws for Winterland Festival backdrop - qty 400 16.88 01 General Fund FEDEX Out of State Background for Jon Bartholomew 38.90 01 General Fund G & R AG PRODUCTS INC spray tank parts for truck 9 - qty 32 327.94 Date: 12/20/18 12:19:17 PM Page: 2Meridian City Council Meeting Agenda January 2, 2019 – Page 420 of 576 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 GEOTEK, INC.19-0032 TO #10927.a Commercial & Residential Bldg. Inspect 36,440.00 01 General Fund GJORDING FOUSER personnel investigation 11/16-11/26/18 3,100.00 01 General Fund GLASS DOCTOR Rock Chip Repair for Unit # 11 49.95 01 General Fund GLASS DOCTOR Rock Chip Repair for Unit # 16 39.95 01 General Fund GOSNEY MANAGEMENT, LLC.instructor fee - Family Art Day 11/29/18 - qty 2 40.00 01 General Fund HANSON JANITORIAL 19-0112 miscellaneous restroom supplies - qty 514 1,743.47 01 General Fund HOME DEPOT CREDIT SERVICES 220/credit for tax on #2021282 (2.15) 01 General Fund HOME DEPOT CREDIT SERVICES 220/Ice melt, training diviison @ St. 1 32.91 01 General Fund HOME DEPOT CREDIT SERVICES 220/items for decon buckets - towels, soap, brushes 40.87 01 General Fund HOME DEPOT CREDIT SERVICES 220/items for decon buckets, towels, brushes 37.96 01 General Fund HOME DEPOT CREDIT SERVICES 220/soap for decon buckets 15.00 01 General Fund HOME DEPOT CREDIT SERVICES 220/switchplate cover, St. 4 2.10 01 General Fund HOME DEPOT CREDIT SERVICES Brooms Returned (32.91) 01 General Fund HOME DEPOT CREDIT SERVICES Christmas parade measuring wheel & lineup cones - qty 21 319.57 01 General Fund HOME DEPOT CREDIT SERVICES credit on parade measuring wheel & lineup cones - qty 21 (338.75) 01 General Fund HOME DEPOT CREDIT SERVICES dremel sharpening adapter - qty 1 14.97 01 General Fund HOME DEPOT CREDIT SERVICES laundry detergent & velcro for signs - qty 6 25.62 01 General Fund HOME DEPOT CREDIT SERVICES Modular connectors 1.73 01 General Fund HOME DEPOT CREDIT SERVICES paint & lumber for Winterland Festival Santa backdrop x 8 33.62 01 General Fund HOME DEPOT CREDIT SERVICES paint for Winterland Festival child backdrop - qty 1 8.98 01 General Fund HOME DEPOT CREDIT SERVICES parade measuring wheel & lineup cones - qty 21 338.75 01 General Fund HOME DEPOT CREDIT SERVICES Picture Hanging Hooks for PD 6.98 01 General Fund HOME DEPOT CREDIT SERVICES Three Brooms for Patrol Cars, Buckets & Cups for Ice Melt 65.13 01 General Fund HOME DEPOT CREDIT SERVICES Vision Triangle and Vehicle Markers 11.86 01 General Fund HORIZON DISTRIBUTORS INC air filters & oil filters for Kleiner 48 mower - qty 6 65.66 01 General Fund HORIZON DISTRIBUTORS INC fuel filter mower parts & credit - qty 5 (8.85) 01 General Fund HORIZON DISTRIBUTORS INC oil filters for mower - qty 5 55.45 01 General Fund HORIZON DISTRIBUTORS INC plow part - qty 1 41.94 01 General Fund HORIZON DISTRIBUTORS INC repair parts for Kleiner small engines - qty 50 383.85 01 General Fund IDAHO POWER 2200773816, City Hall Power December 2018 6,500.53 01 General Fund IDAHO POWER 2205054725, Police Power December 2018 -3,150.76 01 General Fund IDAHO PRESS-TRIBUNE Legal Noitces 48.84 01 General Fund IDAHO PRESS-TRIBUNE Legal Notice 124.57 01 General Fund IDAHO PRESS-TRIBUNE Legal Notices 63.64 01 General Fund IMPACT PEST SERVICES pest control at Ten Mile Interchange 11/29/18 250.00 Date: 12/20/18 12:19:17 PM Page: 3Meridian City Council Meeting Agenda January 2, 2019 – Page 421 of 576 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 INDEPENDENCE INDOOR SHOOTING Indoor Shooting Range Monthly Membership 4,644.00 01 General Fund INTEGRITY AUDIO VISUAL 2018 Tree Lighting Stage & Sound 11/30/18 4,120.50 01 General Fund INTERSTATE ALL BATTERY CENTER battery for fleet truck 3 - qty 1 158.64 01 General Fund INTERSTATE ELECTRIC SUPPLY 220/St. 3 GFI recepticles, lights for flag pole 85.07 01 General Fund JODI ST-MARTIN Reimburse Taget Stationery for MYAC 28.99 01 General Fund JOHN SHANE Expense Report: J. Shane, ICC Cert., Portland OR, 12/2-12/7/ 25.00 01 General Fund KC TOOL SUPPLY CO.bandsaw - qty 1 289.00 01 General Fund KQXR, KJOT, KRVB, KTHI KHITS Christmas event radio ads 11/26-11/30/18 x 62 spots 620.00 01 General Fund KQXR, KJOT, KRVB, KTHI The River Christmas events radio ads 11/26-11/30/18 x 62 950.00 01 General Fund LAURIE MCELROY instructor fee - Yoga 12/2/18 - qty 9 72.00 01 General Fund LAWN CO MAINTENANCE Pine Street mowing 240.00 01 General Fund LEA ELECTRIC, LLC.220/repair recepticle at Station 1 84.09 01 General Fund LEA ELECTRIC, LLC.Refund: C-ELC-2018-0457/C-ELC-2018-0458, wrong permit pulled 170.00 01 General Fund MCDOWELLS SPECIALTY REPAIRS Tint Windows on New Impact Vehicle # 22 210.00 01 General Fund MERCER HEALTH & BENEFITS PO19-0149 Health & Benefits Consulting Dec. 2018 5,000.00 01 General Fund MERIDIAN DOWNTOWN BUSINESS ASSOCIATION 2018 Christmas decorating contest sponsorship 375.00 01 General Fund MISTER CAR WASH Fleet Washes for Nov 2018 150.00 01 General Fund MODERN PRINTERS Bus Cards: W Stoy; K Halstead; S Harrick; D Hurst; S Pechin 123.00 01 General Fund MODERN PRINTERS street closure notification postcards-2018 Christmas x 500 136.00 01 General Fund MOTION & FLOW CONTROL PRODUCTS repair parts for ice melt tank on truck 8 - qty 37 82.03 01 General Fund MOTIONS DANCE STUDIO instructor fee - Capoeira & cheer 11/1-11/30/18 - qty 44 1,292.00 01 General Fund NORCO cylinder rental for welding gas - November 2018 40.80 01 General Fund OFFICE DEPOT, INC.220/legal pads 1.91 01 General Fund OFFICE DEPOT, INC.220/Office supplies, key tags, steno books 31.38 01 General Fund OFFICE DEPOT, INC.220/Toner, paper 125.68 01 General Fund OFFICE DEPOT, INC.5x7 sign frame - qty 1 13.38 01 General Fund OFFICE DEPOT, INC.credit on 5x7 sign frame - qty 1 (6.69) 01 General Fund OFFICE DEPOT, INC.Embssd journal 6.80 01 General Fund OFFICE DEPOT, INC.envelopes & tape - qty 2 25.15 01 General Fund OFFICE DEPOT, INC.hanging file folder frames - qty 2 boxes 14.34 01 General Fund OFFICE DEPOT, INC.mini dry erase board - qty 1 9.84 01 General Fund OFFICE DEPOT, INC.Office Supplies 270.85 Date: 12/20/18 12:19:17 PM Page: 4Meridian City Council Meeting Agenda January 2, 2019 – Page 422 of 576 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 OFFICE DEPOT, INC.paper shredder - qty 1 103.26 01 General Fund OFFICE DEPOT, INC.Paper, Binder Clips, Highlighters for HR Office 83.79 01 General Fund OFFICE DEPOT, INC.paper, dry erase 202.37 01 General Fund OFFICE DEPOT, INC.Paper, Heavycoated HP 36x, Paper Bond 24x100, Paper basic bo 399.52 01 General Fund OFFICE DEPOT, INC.Refill Busncard 2.35 01 General Fund OFFICE DEPOT, INC.Scissors for PD 4.58 01 General Fund OFFICE DEPOT, INC.Seal's 2 dia gold 4.22 01 General Fund OFFICE DEPOT, INC.Sharpie Pen's for Electricial Inspector T. Perot 15.00 01 General Fund OFFICE DEPOT, INC.sharpies - qty 1 dozen 11.60 01 General Fund OFFICE DEPOT, INC.signs for Homecourt - qty 18 154.62 01 General Fund OFFICE DEPOT, INC.tape dispensers, wireless kybd, biz card holders, sharpies 55.63 01 General Fund OFFICE TEAM Temp Employee J. Larson 12/07/2018 940.50 01 General Fund OFFICE TEAM Temp services J Larson 11/30/18 792.00 01 General Fund OFFICE TEAM Temp Services L Florenzen 11/30/18 309.38 01 General Fund OFFICE TEAM Temp Services S householder 11/30/18 438.01 01 General Fund OFFICE TEAM Temp. Services Permit Tech J. Larson 12/14/18 965.25 01 General Fund ON THE SPOT CLEANERS #15 Dry Cleaning for PD Uniforms 11/2 - 11/30/18 232 vouchers 1,392.00 01 General Fund PAUL'S MERIDIAN STINKER Emission Test for Unit # 119 15.00 01 General Fund PAUL'S MERIDIAN STINKER Emission Test for Unit # 29 15.00 01 General Fund PAUL'S MERIDIAN STINKER Emission Test for Unit # 5 15.00 01 General Fund PEACEKEEPTER PRODUCTS INTERNATIONAL Accessories & Parts for Peacekeeper Batons 1,293.57 01 General Fund PITNEY BOWES GLOBAL FINANCIAL SERVICES, LLC. #0017268783, Postage Lease at City Hall 9/30/18-12/29/18 892.23 01 General Fund PLATT ELECTRIC SUPPLY 220/3 pks light bulbs, St. 5 45.30 01 General Fund PLATT ELECTRIC SUPPLY K9 Bldg Exterior Light Bulbs 41.46 01 General Fund PLATT ELECTRIC SUPPLY PD Admin Interior Light Bulbs 14.22 01 General Fund PLATT ELECTRIC SUPPLY shrink tube parts for ice melt wiring - qty 1 18.39 01 General Fund Porter Lee Corporation Annual Software Support (January 2019-December 2019) 1,268.00 01 General Fund RACHAEL BEIERLE Expense Report: R. Beierle, ICC Certification, Portland OR, 70.00 01 General Fund REAL ANIMAL MANAGEMENT 19-0141 goose management services - November 2018 2,700.00 01 General Fund RICOH USA, INC Additional Copes for Now 2018 - Comm Svc 28.98 01 General Fund RICOH USA, INC Additional Copies for Nov 2018 - CAU 53.09 01 General Fund RICOH USA, INC Copier Expense 107.12 01 General Fund RICOH USA, INC Ricoh Dec. 2018 Lease:260.53 Copies:201.88 462.41 Date: 12/20/18 12:19:17 PM Page: 5Meridian City Council Meeting Agenda January 2, 2019 – Page 423 of 576 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 ROBERT SIMISON Reimburse: R. Simison, holiday gifts, office supplies 102.92 01 General Fund RODDA PAINT COMPANY paint & supplies for park restrooms - qty 42 291.20 01 General Fund RODDA PAINT COMPANY paint supplies for Storey Park - qty 5 5.97 01 General Fund RODDA PAINT COMPANY restroom paint for all parks - qty 10 gallons 658.18 01 General Fund RODDA PAINT COMPANY restroom paint supplies for all parks -qty 5 53.70 01 General Fund RODDA PAINT COMPANY Scotch Brite supplies for painting park restrooms - qty 3 4.02 01 General Fund SHRED-IT USA, LLC.Document Shredding November 2018 115.50 01 General Fund SHRED-IT USA, LLC.Shred Documents for PD 191.19 01 General Fund SILVER CREEK SUPPLY Christmas cord female end - qty 100 70.20 01 General Fund SMITH CHEVROLET CO, INC 19-0034 2019 Chevy Equinox VIN: 2GNAXSEV4K6186689 22,218.80 01 General Fund SOLUTIONS TO GO Supplies for RX Take Back Packaging 23.98 01 General Fund SOUTHEASTERN SECURITY CONSULTANTS, INC. background checks for volunteer x 1 & instructors x 5 111.00 01 General Fund SPECIALTY CONSTRUCTION SUPPLY deicer tank & mag chloride for ice melt - qty 2.475 gallons 2,972.00 01 General Fund STEELMAN PLUMBING 220/replace bathroom faucet at St. 4 297.00 01 General Fund STEELMAN PLUMBING 220/replace toilet St. 2 485.00 01 General Fund STEELMAN PLUMBING Install water filter in basement City Hall 211.00 01 General Fund STEELMAN PLUMBING toilet replacements at Homecourt in women's restroom - qty 2 893.00 01 General Fund STEELMAN PLUMBING unclogged women's toilets at Homecourt - qty 2 90.00 01 General Fund SUNBELT RENTALS Christmas tree manlift 11/8-12/5/18 2,303.48 01 General Fund SUNBELT RENTALS mini telehandler for parade float tear-down 12/3-12/4/18 203.60 01 General Fund SYNCB/AMAZON Office Supplies 13.69 01 General Fund SYNCB/AMAZON Prize for Wellness Gingerbread Challenge 14.95 01 General Fund SYNCB/AMAZON Prize for Wellness Gingerbread House Challenge 32.49 01 General Fund T-ZERS SHIRT SHOP 220/Print Logo on furnished stock 360.00 01 General Fund T-ZERS SHIRT SHOP New Hire Jacket, Shrts & Hat - Halstead 198.50 01 General Fund TATES RENTS (GENERAL OFFICE)hammer drill rental for Bark Park 11/27-11/28/18 87.00 01 General Fund TATES RENTS (GENERAL OFFICE)propane for forklift 23.92 01 General Fund TATES RENTS (GENERAL OFFICE)rotary hammer rental for Fuller Park 11/28-11/29/18 105.00 01 General Fund TATES RENTS (GENERAL OFFICE)sod cutter rental for Tully Park ADA repairs 11/29/18 80.13 01 General Fund TATES RENTS (GENERAL OFFICE)Tree Lighting stage rental 11/30-12/1/18 738.61 01 General Fund TATES RENTS (GENERAL OFFICE)water tank rental to burn Borup property ditches 11/26/18 121.90 01 General Fund TENZINGA Tenzinga Performance Management Annual License Fee 8th of 12 480.00 Date: 12/20/18 12:19:17 PM Page: 6Meridian City Council Meeting Agenda January 2, 2019 – Page 424 of 576 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 USSSOA 19-0051 volleyball officiating 11/26-11/30/18 - qty 61 games 1,362.13 01 General Fund USSSOA 19-0051 volleyball officiating 12/3-12/7/18 - qty 60 games 1,339.80 01 General Fund VLCM Essentials License Bundle, ShoreTel 1yr Supprt-NoPhones 305.63 01 General Fund VLCM Mitel IP480G Phone, Mitel IP Phone IP485G 569.63 01 General Fund WW GRAINGER, INC 220/Batteries, litebulbs, doormat, snow shovel 152.99 Total 01 General Fund 369,700.15 07 Impact Fund HOME DEPOT CREDIT SERVICES MDF for Discovery Park shop storage cubbies - qty 5 102.85 07 Impact Fund HOME DEPOT CREDIT SERVICES trash cans with lids for Discovery Park - qty 35 955.15 07 Impact Fund LOWE'S particle board for Discovery Park shop storage cubbies x 15 293.10 07 Impact Fund RAFTELIS 18-0454, FY18 Impact Fee Update November 2018 3,420.00 07 Impact Fund SPF WATER ENGINEERING, LLC 15-0468 prof svcs Borup well & pump engineering 11/2018 178.75 07 Impact Fund SYNCB/AMAZON reservation boards for Discovery Park - qty 3 402.42 07 Impact Fund THE LAND GROUP, INC.18-0459, 18-0466 A&E svcs for Discovery Park 11/2018 7,493.75 07 Impact Fund ZERO WASTE USA, INC dog waste stations for Discovery Park - qty 25 1,719.70 Total 07 Impact Fund 14,565.72 20 Grant Fund governmental MERIDIAN DEVELOPMENT CORPORATION CFDA #14.253, Reimburse for sidewalk procurement costs, CDBG 892.00 Total 20 Grant Fund governmental 892.00 60 Enterprise Fund A COMPANY INC 19-0091 Emergency pumping at Bittercreek Lagoon (173.5 hrs) 25,157.50 60 Enterprise Fund ALEX & JENNIFER BABCOCK Refund: wat/sewer/ trash, #10553030-03, 2215 W Los Flores Dr 71.01 60 Enterprise Fund ANALYTICAL LABORATORIES INC.19-0082 FY19 Microbiological Sampling Qty 108 1,641.60 60 Enterprise Fund APEX INTEGRATED SECURITY SOLUTIONS Labor to repair front door of Admin bldg (2 hrs)197.50 60 Enterprise Fund ASPEN CREEK CONSTRUCTION LLC.Regrade of road access to Bittercreek Lagoon 4,000.00 Date: 12/20/18 12:19:17 PM Page: 7Meridian City Council Meeting Agenda January 2, 2019 – Page 425 of 576 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 BEN DUKE Refund: wat/sewer/ trash, #07400380-05, 1835 E Summerridge D 69.73 60 Enterprise Fund BILLING DOCUMENT SPECIALISTS 19-0007 FY19 Statement 12/5/18 & insterts 8,262.53 60 Enterprise Fund BOE - Boise Office Equipment Dec 18 copier lease 275.80 60 Enterprise Fund BOE - Boise Office Equipment Nov 18 copier lease 275.80 60 Enterprise Fund BOISE FITNESS EQUIPMENT Service maintenance of fitness equipment 45.00 60 Enterprise Fund BRIAN THOMSEN Refund: wat/sewer/ trash, #23021280-04, 1618 NW 1st St., 91.42 60 Enterprise Fund CAREER UNIFORMS Employee Clothing B/O received C. Krausch, B.Kerr Qty 4 116.90 60 Enterprise Fund CAREER UNIFORMS Employee Clothing/Uniform Order October Qty 4 36.88 60 Enterprise Fund CIVIL SURVEY CONSULTANTS 17-0023,WRRF Cap Exp. survey services 11/1-11/30/18 656.00 60 Enterprise Fund CIVIL SURVEY CONSULTANTS 17-0341,WRRF Headworks survey services 11/1-11/30/18 887.00 60 Enterprise Fund CIVIL SURVEY CONSULTANTS 18-0132,ACHD Linder Survey services 11/1-11/30/18 847.00 60 Enterprise Fund CIVIL SURVEY CONSULTANTS 18-0334,Water main Ext.Victory/Ten Mile,survey 11/1-11/30/18 1,274.00 60 Enterprise Fund CIVIL SURVEY CONSULTANTS 18-0438,Sewer main rep. Chateau/Jericho,survey 11/1-11/30/18 4,449.00 60 Enterprise Fund CIVIL SURVEY CONSULTANTS 19-0107,ITD Chinden sewer ext. survey 11/1-11/30/18 1,551.00 60 Enterprise Fund COLLEEN KELLY & MICHAEL HARVEY Refund: wat/sewer/ trash, #35650790-05, 2310 S Locust Grove 130.52 60 Enterprise Fund COMMERCIAL TIRE New Tire Install C17214 723.11 60 Enterprise Fund CONDOC Construction document services 11/1-11/30/18 199.96 60 Enterprise Fund D & B SUPPLY Grease Gun Qty 1 199.99 60 Enterprise Fund DANIEL & KRISTINA DRLIK Refund: wat/sewer/ trash, #10102402-02, 1966 W. Teano Dr., 53.28 60 Enterprise Fund DANIEL LIPSETT Refund: wat/sewer/trash, #17330508-02, 2074 N. Gladewater Av 213.03 Date: 12/20/18 12:19:17 PM Page: 8Meridian City Council Meeting Agenda January 2, 2019 – Page 426 of 576 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 DEPT OF HEALTH & WELFARE NPDES sample tesing (3 qty)225.00 60 Enterprise Fund DEPT OF HEALTH & WELFARE NPDES sample testing (12 qty)900.00 60 Enterprise Fund DEPT OF HEALTH & WELFARE NPDES sample testing (3 qty)450.00 60 Enterprise Fund DIGLINE, INC.Digline Monthly Tickets Nov 2018 Qty 785 1,405.15 60 Enterprise Fund DONALD & FREDA M WANTA Title Co overpaid/ 2721 N Cinnamon Pl 63.02 60 Enterprise Fund DOUG BROWN Refund: wat/sewer/ trash, #04700012-02, 1217 W Hitchcock St. 36.03 60 Enterprise Fund DUBOIS CHEMICALS INC 19-0016 Ferric Chloride (32,160#)5,701.97 60 Enterprise Fund EDGE ANALYTICAL, INC.NPDES testing (1 qty)92.00 60 Enterprise Fund EGC DEVELOPMENT, LLC.Refund: Surety-2016-0112, Birkdale Estates Sub, warranty sur 21,150.60 60 Enterprise Fund EL-ADA, INC.El-Ada November 2018, Meridian Cares Program x qnty 9 63.00 60 Enterprise Fund ENERGY MANAGEMENT CORPORATION Labor & parts to repair pump 4 at S. Black Cat Lift Station 8,057.72 60 Enterprise Fund ENERGY MANAGEMENT CORPORATION Replacement fan for motor 1, centrifuge 1 dewatering bldg 114.52 60 Enterprise Fund EWING CO., INC.18-0354,Well 32 construction services 11/1-11/30/18 122,564.25 60 Enterprise Fund EWING CO., INC.18-0447,WRRF Headworks const.services thru 11/30/18 257,109.00 60 Enterprise Fund FASTENAL COMPANY Loc-tight, Crimped cup brush Qty 2 47.03 60 Enterprise Fund FERGUSON ENTERPRISES INC.Faucet for women's bathroom in Operations bldg 370.09 60 Enterprise Fund FERGUSON ENTERPRISES INC.Hydrant Wrench Qty 1 27.50 60 Enterprise Fund FERGUSON ENTERPRISES INC.Man Hole Cover Hook Qty 1 36.99 60 Enterprise Fund FERGUSON ENTERPRISES INC.Sample Station Resetter Qty 10 6,915.00 60 Enterprise Fund FERGUSON ENTERPRISES INC.Wall Mount Charger Qty 2 291.38 Date: 12/20/18 12:19:17 PM Page: 9Meridian City Council Meeting Agenda January 2, 2019 – Page 427 of 576 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 FISHER SCIENTIFIC Pipette tips (1 cs)225.67 60 Enterprise Fund FISHER SCIENTIFIC Sulfanilamide-testing reagent 32.29 60 Enterprise Fund GREEN VILLAGE DEVELOPMENT, INC.Refund: Surety-2017-0025, Heritage Grove Sub. No4,24,470.20 60 Enterprise Fund HOME DEPOT CREDIT SERVICES AWG Wire Stripper Qty 1 27.94 60 Enterprise Fund HOME DEPOT CREDIT SERVICES Bleach foamer, spreader, buckets & shovel (24 qty)196.94 60 Enterprise Fund HOME DEPOT CREDIT SERVICES Clear Plexiglass for Chlorine Pump Qty 1 37.95 60 Enterprise Fund HOME DEPOT CREDIT SERVICES Socket Drive Set, Wrench Set Qty 2 26.94 60 Enterprise Fund IDAHO CHILD SUPPORT RECEIPTING #412750, K. Patton, Child Support, Dec. 2018 611.91 60 Enterprise Fund IDAHO DAVES LLC.Refund: wat/sewer/trash, #19980008-01, 3510 N Eagle Rd. 932.12 60 Enterprise Fund ILJA VASILCHENKO customer paid after closing 2043 W Snyder Dr 60.43 60 Enterprise Fund INTERSTATE ALL BATTERY CENTER 6V lantern batteries for stock (4 qty)9.36 60 Enterprise Fund INTERSTATE ALL BATTERY CENTER Auto Battery Install C11987 140.99 60 Enterprise Fund IRMINGER CONSTRUCTION 18-0369,WEll 22,Const Services,PayApp7 11/1-11/30/18 91,984.08 60 Enterprise Fund IRMINGER CONSTRUCTION W4ell 15 Reconstruction concrete repair as of 12/3/18 8,275.00 60 Enterprise Fund JACK HENRY & ASSOCIATES INC Bank Fees November 2018 628.97 60 Enterprise Fund JEFFERY MARTELLA Refund: wat/sewer/ trash, #08810715-02, 3926 N Larkin Pl., 146.15 60 Enterprise Fund JOSH KOCH & LEIA LOEWEN Refund: wat/sewer/ trash, #16312310-06, 1511 W Lowry St., 153.58 60 Enterprise Fund JWC ENVIRONMENTAL INC Parts to repair fermentation grinder (16 qty)4,293.85 60 Enterprise Fund KAREN SCHROETER Refund: wat/sewer/ trash, #07150710-04, 4280 N Linwood Way, 61.24 60 Enterprise Fund KAREN, SCOTT, & JESSICA HIGER Refund: wat/sewer/ trash, #22502154-03, 1178 N Shreveport Av 64.67 Date: 12/20/18 12:19:17 PM Page: 10Meridian City Council Meeting Agenda January 2, 2019 – Page 428 of 576 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 KEMIRA WATER SOLUTIONS, INC 19-0012 PAX (48,300#)13,765.00 60 Enterprise Fund KENT POCOCK Refund: wat/sewer/ trash, #35350095-02, 2596 E Indian Creek 2,324.41 60 Enterprise Fund LARRY & BARBARA HARPE Refund: wat/sewer/ trash, #04702705-04, 1236 W Bacall St., 50.91 60 Enterprise Fund LOWE'S Led Flashlight, Knee Pads Qty 4 104.40 60 Enterprise Fund MARGARET MACDONALD Refund: wat/sewer/ trash, #14201734-01, 3529 W. Stanwich Dr. 32.03 60 Enterprise Fund MATERIALS TESTING & INSPECTION 17-0135,WRRF Cap.Exp.special inspections 11/12-11/25/18 5,911.15 60 Enterprise Fund MATERIALS TESTING & INSPECTION 17-0365,WRRF Headworks Spec Inspection 11/12-11/25/18 552.60 60 Enterprise Fund MICHAEL BURT Title Co overpaid 4662 N Willowside Ave 133.35 60 Enterprise Fund MOTION & FLOW CONTROL PRODUCTS Air Compressor Hose, Jack Hammer RD CPD Qty 1 72.79 60 Enterprise Fund MOTION & FLOW CONTROL PRODUCTS Brass Run Tee, MNPT Nichel Plated, Plug Valve, Brass Bushing 432.83 60 Enterprise Fund MOTION & FLOW CONTROL PRODUCTS Hose fittings to repair parts washer (176 qty)85.80 60 Enterprise Fund MOUNTAIN WATERWORKS, INC 18-0116,Well 28 Water Treatment design service thru 11/23/18 20,522.47 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Framing squares (5 qty)37.76 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Hose fitting for chlorine analyzer at Reuse booster station 3.27 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Hose fittings for pressure washer on service truck (2 qty) 5.76 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Metric nuts & bolts for stock (2,150 qty)301.61 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Parts for chlorine analyzer 2, reuse booster station (14 qty 141.97 60 Enterprise Fund MURRAYSMITH INC 18-0490 CO1 to Task Order 10357.a Unidirectional Flushing Up 8,745.00 60 Enterprise Fund NICOLAS SNIDER Refund: wat/sewer/ trash, #46181303-02, 2339 E. Fratello St. 327.98 60 Enterprise Fund O'REILLY AUTO PARTS Diesel Additive Qty 5 44.95 Date: 12/20/18 12:19:17 PM Page: 11Meridian City Council Meeting Agenda January 2, 2019 – Page 429 of 576 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 O'REILLY AUTO PARTS Tire gauge 7.99 60 Enterprise Fund O'REILLY AUTO PARTS Wire ties for Bittercreek Lagoon fencing (1 pk)8.99 60 Enterprise Fund OFFICE DEPOT, INC.File folders, pens, labels 34.19 60 Enterprise Fund OPTIV SECURITY INC HIPswitch 100g Hardware 2 ethernet Ports, a verizon 859.12 60 Enterprise Fund PLATT ELECTRIC SUPPLY Isulated gloves & universal hot stick (2 qty)617.99 60 Enterprise Fund PLATT ELECTRIC SUPPLY Transformer to repair HVAC heater 3 at Reuse Booster Station 21.86 60 Enterprise Fund POSTNET Postage, Packing Labor for Backflow letters Qty 118 176.91 60 Enterprise Fund ROBERT & JUDITH HOUSE Refund: wat/sewer/ trash, #08320405-02, 1470 E. Summerplace 96.70 60 Enterprise Fund ROBERT BURT Refund: wat/sewer/trash, #14191278-03, 4476 W Dawson Dr., 53.58 60 Enterprise Fund ROSEANNE E. SWAIN Refund: wat/sewer/ trash, #13090408-03, 2812 N Elisha Ave., 41.74 60 Enterprise Fund SHRED-IT USA, LLC.Document Shredding November 2018 97.83 60 Enterprise Fund SPECIALTY PLASTICS & FAB, INC Parts for chlorine analyzer 2 (2 qty)21.60 60 Enterprise Fund SPECIALTY PLASTICS & FAB, INC SS coupling, threaded plug, nipple, tee & elbows (28 qty) 73.52 60 Enterprise Fund ST. LUKE'S HEALTH SOLUTIONS HEP B vaccination for RRhoads 11/9/18 70.00 60 Enterprise Fund SUSAN BUENING Refund: wat/sewer/ trash, #02040225-02, 6025 N. Vicenza Ave, 43.47 60 Enterprise Fund SYNCB/AMAZON Car Clothes Hanger Bar C20028, Otter Box Case Qty 2 49.60 60 Enterprise Fund SYNCB/AMAZON Cut off Wheel Qty 1 124.86 60 Enterprise Fund SYNCB/AMAZON XL Shelf Utility Cart 159.99 60 Enterprise Fund TATES RENTS (GENERAL OFFICE)Propane for Forklift (28.5 qty)90.92 60 Enterprise Fund TELANSWER, INC After Hour Answering Serivce 12/1 to 12/31/18 170.30 Date: 12/20/18 12:19:17 PM Page: 12Meridian City Council Meeting Agenda January 2, 2019 – Page 430 of 576 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 THE UPS STORE NPDES sample shipping (2 qty)471.95 60 Enterprise Fund TIM & JENNA HOPKINS Refund: wat/sewer/ trash, #45200304-03, 3246 S Murlo Way, 107.90 60 Enterprise Fund TIMOTHY & KATHLEEN BENNETT Refund: wat/sewer/ trash, #07400144-02, 3561 N. Summerpark 83.68 60 Enterprise Fund TOTAL SYSTEM SERVICES Service Call for Troubleshoot of Heater Inventory Area 123.00 60 Enterprise Fund TRACY RE Refund: wat/sewer/ trash, #19100710-02, 3051 N. Betula Ave., 74.71 60 Enterprise Fund TROY & HEATHER MORTENSEN Refund: wat/sewer/trash, #16320878-06, 571 W. Tiffany Dr. 70.46 60 Enterprise Fund UNIVAR Acid for cleaning post air basin diffusers (2 cs)521.22 60 Enterprise Fund URISA T.Ricks Annual mbrshp renewal Jan 2019-Dec 2019 195.00 60 Enterprise Fund VALLEY CUSTOM TRACTOR SERVICES Mow of Vacant property Ustick & Ten Mile 650.00 60 Enterprise Fund VINCENT & HELEN MALMGREN Customer paid after closing/2072 NE 10th Ave 141.12 60 Enterprise Fund WARREN STEWART Reimburse: W. Stewart, airfare, AWWA Conf., Nashville TN, 374.05 60 Enterprise Fund WASTECORP PUMPS LLC Tungsten plungers for piston pumps for stock (2 qty)7,955.34 60 Enterprise Fund WESTERN STATES CHEMICAL Liquid ice melt (55 gal)1,232.15 60 Enterprise Fund WILLIAM & BENITA YUNEK Refund: wat/sewer/ trash, #14197998-04, 2712 N Englewood Way 34.03 60 Enterprise Fund XEROX CORPORATION - PASADENA 8TB570607 b/w (472 qty) & color (621 qty) images 33.19 60 Enterprise Fund ZACHARY SCHULZ Refund: wat/sewer/ trash, #17830101-03, 2586 N Larchmont Ave 31.39 Total 60 Enterprise Fund 677,942.48 Report Total 1,063,100.35 Date: 12/20/18 12:19:17 PM Page: 13Meridian City Council Meeting Agenda January 2, 2019 – Page 431 of 576 City Council Meeting Agenda January 2, 2019 Agenda Item Number: 6 Q Project File Number: Item Title: AP Invoices for Payment 01/02/2019 - $448,351.33 Request: Meeting Notes: mt I TEM SHEET C ouncil Agenda I tem - 6.Q. Presenter: Estimated Time f or P resentation: Title of I tem - AP Invoices for P ayment 1/2/2019 - $448,351.33 C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate I nvoices B ackup Material 12/27/2018 RE V I E WE RS : Department Reviewer Action D ate F inance.Coles, C.J ay Approved 12/27/2018 - 3:05 P M Meridian City Council Meeting Agenda January 2, 2019 – Page 432 of 576 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 badge engraving, M. Andrus 10.00 01 General Fund A-1 STAMP & MABEL'S LABELS name plate & badge engraving, J. Iverson 19.00 01 General Fund A-1 STAMP & MABEL'S LABELS notary stamp engraving rebuild, M. Andrus 15.00 01 General Fund ADA COUNTY PROSECUTOR DR18-3430, 15% of Cash Forfeiture, Orig CR18-382 5/31/18 2,966.55 01 General Fund ADVANCE AUTO PARTS gas cap for fleet truck 4 - qty 1 9.80 01 General Fund ADVANCE AUTO PARTS ice melt tank & tractor parts - qty 29 41.21 01 General Fund ADVANCE AUTO PARTS ice melt tank part - qty 1 17.94 01 General Fund ALL VALLEY PET CLINIC Tooth Extraction K9 Randy 637.98 01 General Fund APEX INTEGRATED SECURITY SOLUTIONS 220/Diagnose St 4 Fire alarm problems 540.00 01 General Fund ARLENCO DISTRIBUTION, INC old parks security cameras 156.94 01 General Fund AS YOU WISH CLOTHIERS 220/Hem 8 pr pants, sew stripes 90.00 01 General Fund AXON ENTERPRISE INC 19-0146 Pro Evidence.com License: Year 1 Payment, Axon Auto 116,299.25 01 General Fund BDPA INC FY2019 Gold Subscription NWDE 2,200.00 01 General Fund BERRY ELECTRICAL SERVICES, INC.19-0027 FY19 Streetlight maintenance, 29745C,12/11/18 94.00 01 General Fund BERRY ELECTRICAL SERVICES, INC.19-0027 FY19 Streetlight maintenance, 29748C,12/11/18 94.00 01 General Fund BERRY ELECTRICAL SERVICES, INC.19-0027 FY19 Streetlight maintenance, 29749C,12/11/18 196.00 01 General Fund BERRY ELECTRICAL SERVICES, INC.19-0027 FY19 Streetlight maintenance, 29914C,12/11/18 94.00 01 General Fund BERRY ELECTRICAL SERVICES, INC.19-0027 FY19 Streetlight maintenance, 29921C,12/11/18 94.00 01 General Fund BERRY ELECTRICAL SERVICES, INC.19-0027 FY19 Streetlight maintenance, 29922C,12/11/18 196.00 01 General Fund BERRY ELECTRICAL SERVICES, INC.19-0027 FY19 Streetlight maintenance, 30069C,12/11/18 94.00 01 General Fund BERRY ELECTRICAL SERVICES, INC.19-0027 FY19 Streetlight maintenance, 40099C,12/11/18 54.00 01 General Fund BERRY ELECTRICAL SERVICES, INC.19-0027 FY19 Streetlight maintenance, 40100C,12/11/18 54.00 01 General Fund BERRY ELECTRICAL SERVICES, INC.19-0027 FY19 Streetlight maintenance, 40101C,12/11/18 196.00 01 General Fund BERRY ELECTRICAL SERVICES, INC.19-0027 FY19 Streetlight maintenance, 40102C,12/11/18 54.00 01 General Fund BERRY ELECTRICAL SERVICES, INC.19-0027 FY19 Streetlight maintenance, 40137C,12/11/18 217.00 Date: 12/27/18 12:06:08 PM Page: 1Meridian City Council Meeting Agenda January 2, 2019 – Page 433 of 576 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 BERRY ELECTRICAL SERVICES, INC.19-0027 FY19 Streetlight maintenance, 40185C,12/11/18 54.00 01 General Fund BLAKE CAMPBELL Reimburse: B. Campbell, airfare, Blue Card Training, Pheonix 253.10 01 General Fund BOE - Boise Office Equipment XPN547404, Copier copies, 11/22/18-12/21/18 104.49 01 General Fund BOISE MOBILE EQUIPMENT, INC Install Mobile Radio for Unit # 22 180.00 01 General Fund BOISE MOBILE EQUIPMENT, INC Remove Radio from Unit # 20 90.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC 220/MF023, oil filter, rotation, oil 60.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC 220/MF042, Oil Change, filter 85.41 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Battery for Unit # 61 161.96 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC fleet truck 25 oil change & battery - license C17709 199.95 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC fleet truck 3 oil change & servicing - license C18044 79.95 01 General Fund BUSY BEE SAND & GRAVEL, INC.drain rock for K Bird Legacy Park - qty 1.96 cu yds 15.19 01 General Fund BUSY BEE SAND & GRAVEL, INC.drain rock for K Bird Legacy Park - qty 2.37 29.63 01 General Fund BUSY BEE SAND & GRAVEL, INC.drain rock for K Bird Legacy Park - qty 3.60 cu yds 45.00 01 General Fund BUSY BEE SAND & GRAVEL, INC.drain rock for K Bird Legacy Park - qty 3.88 cu yds 48.50 01 General Fund BUSY BEE SAND & GRAVEL, INC.drainage sand for K Bird Legacy Park x 2.43 cu yds 18.83 01 General Fund BUSY BEE SAND & GRAVEL, INC.dump fee for rock at K Bird Legacy Park 20.00 01 General Fund BUSY BEE SAND & GRAVEL, INC.sand for K Bird Legacy Park - qty 2.63 cu yds 20.38 01 General Fund BUSY BEE SAND & GRAVEL, INC.sand for K Bird Legacy Park - qty 3.45 cu yds 26.74 01 General Fund CABLE ONE #112461900 City Hall Cable service 12/16/18-1/15/19 42.00 01 General Fund CALIFORNIA BUILDING OFFICIALS Job Posting for Building Inspector I 178.00 01 General Fund CALIFORNIA BUILDING OFFICIALS Job Posting for Building Plans Examiner I 328.00 01 General Fund CALIFORNIA BUILDING OFFICIALS Job Posting for Building Plans Examiner II 284.00 01 General Fund CALIFORNIA BUILDING OFFICIALS Job Posting for Electrical Inspector I 323.00 01 General Fund CALIFORNIA BUILDING OFFICIALS Job Posting for Electrical Plans Examiner 348.00 01 General Fund CALIFORNIA BUILDING OFFICIALS Mechanical Inspection Supervisor Job Posting 183.00 01 General Fund CALIFORNIA BUILDING OFFICIALS Mechanical Inspector Job Posting 161.00 01 General Fund Campbell Tractor Co.8800 & John Deere 2997R mower parts for Kleiner x 32 214.62 01 General Fund Campbell Tractor Co.John Deere 1600 mower #3 repair 453.02 01 General Fund Campbell Tractor Co.John Deere 997 mower #9 parts for Kleiner - qty 12 70.68 01 General Fund Campbell Tractor Co.Kleiner mower #4 & #11 parts - qty 6 21.50 01 General Fund CUSTOM GLASS, INC.Repaired main exterior door 422.50 01 General Fund DELL MARKETING L.P.VLA Acrobat Pro License MLP Universal English Perpetual 315.09 01 General Fund DISCOVERY BENEFITS PO19-0131 FSA/COBRA Nov. 2018 1,169.25 01 General Fund ELECTRICAL WHOLESALE SUPPLY CO 2 receptical bases for Plan review office 7.42 01 General Fund ELECTRICAL WHOLESALE SUPPLY CO 220/lite for station 1 77.12 01 General Fund ELECTRICAL WHOLESALE SUPPLY CO heat tape & parts for Fuller Park supply room - qty 62 343.49 01 General Fund EVENT RENT chair rental for Winterland Festival 12/7-12/10/18 146.83 Date: 12/27/18 12:06:08 PM Page: 2Meridian City Council Meeting Agenda January 2, 2019 – Page 434 of 576 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 GARRETT WHITE Reimburse, G. White, mileage from 11/26/18-12/18/18, 48 mile 26.16 01 General Fund GEM STATE PAPER & SUPPLY CO 19-0117, room spray 69.75 01 General Fund GEM STATE PAPER & SUPPLY CO 19-0117, soap 339.30 01 General Fund GEM STATE PAPER & SUPPLY CO Credit for returned soap (635.22) 01 General Fund GENESIS SERVICE DOGS Refund: tag paid for Meridian @ Idaho Humane Society 21.00 01 General Fund H.D. FOWLER COMPANY drain pipe caps & tees for K Bird Legacy Park - qty 73 61.19 01 General Fund H.D. FOWLER COMPANY PVC caps for drain install at K Bird Legacy Park - qty 2 6.54 01 General Fund IDAHO CAMERA, INC.photo digitizing for old park photos 119.00 01 General Fund IDAHO CORRECTIONAL INDUSTRIES Business cards, Jodi St. martin 46.25 01 General Fund IDAHO TRANSPORTATION DEPARTMENT New exempt plate, 2019 Chevy Equinox, #6194438 23.00 01 General Fund IDAHO TRANSPORTATION DEPARTMENT New exempt plate, 2019 Chevy Equinox, #6195099 23.00 01 General Fund IDAHO TRANSPORTATION DEPARTMENT New exempt plate, 2019 Chevy Equinox, #6195207 23.00 01 General Fund IDAHO TRANSPORTATION DEPARTMENT New exempt plate, 2019 Chevy Equinox, #6195427 23.00 01 General Fund IDAHO TRANSPORTATION DEPARTMENT New exempt plate, 2019 Chevy Equinox, #6195676 23.00 01 General Fund IDAHO TRANSPORTATION DEPARTMENT New exempt plate, 2019 Chevy Equinox, #6195975 23.00 01 General Fund INDUSTRIAL ORGANIZATIONAL SOLUTIONS, INC. New Officer Testing 770.00 01 General Fund INTERMOUNTAIN GAS 098-162-3000-8 Intermountain Gas December 2018 -5,404.49 01 General Fund IT'S ALL ABOUT YOU CATERING TV Partnership Lunceon hosted by City of Meridian x qnty 17 278.83 01 General Fund JENNY HOSKINS instructor fee - Yoga 11/10-12/8/18 - qty 11 345.60 01 General Fund JOHNSON CONTROLS FIRE PROTECTION LP 220/leak on drain on dry system, St. 2 492.00 01 General Fund JOHNSON CONTROLS FIRE PROTECTION LP 220/repair sprinkler pipe & couplings St. 5 774.45 01 General Fund JOHNSON CONTROLS FIRE PROTECTION LP Fire/alarm monitoring Fire Safety Center 91.66 01 General Fund LAURELEI MCVEY Reimburse: L. McVey, Tuition reimbursement, BSU, 8/20/18-12/ 1,000.00 01 General Fund LES SCHWAB TIRE CENTER skidsteer tires - qty 4 1,294.60 01 General Fund LEXIPOL, LLC 19-0160 Fire Implementation Service, 50 hours- support+ Pack 3,475.00 Date: 12/27/18 12:06:08 PM Page: 3Meridian City Council Meeting Agenda January 2, 2019 – Page 435 of 576 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 LEXIPOL, LLC 19-0160 Fire Policy Manual Online 12 month Development Initi 9,126.00 01 General Fund LIFEMED SAFETY, INC 220/Zoll ECG Simulator EMS Training Equipment 595.00 01 General Fund LOWE'S 220/Simple green, part for sink, St. 3 36.60 01 General Fund MERIDIAN CHAMBER of COMMERCE Membership Dues, 1/1/19-12/31/19 675.00 01 General Fund MINUTEMAN, INC.Keys for Admin & PSTC for Maintenance Team 6.30 01 General Fund MOUNTAIN HOME AUTO RANCH 19-0001 New Fleet Vehicle for Community Svc Officer 26,177.18 01 General Fund MOUNTAIN HOME AUTO RANCH 19-0042 2019 Ford F250 truck fleet #11 VIN:1FDBF2B60KED39721 25,210.24 01 General Fund NAPA AUTO PARTS 220/washer fluid, BC 31, MF027 5.38 01 General Fund OFFICE DEPOT, INC.220/folders 105.24 01 General Fund OFFICE DEPOT, INC.220/Office supplies, mousepad,clips,staples,folders 63.61 01 General Fund OFFICE DEPOT, INC.220/Office supplies, tray, post-its, message book 81.93 01 General Fund OFFICE VALUE - MERIDIAN Credit for Scissors Returned - Wrong Size (5.12) 01 General Fund OHD, INC.220/calibration of fit tester 880.00 01 General Fund OXARC, INC.220/refill 3 medical oxygen cylinders 20.20 01 General Fund PAUL SCHEPPER Reimburse: P. Schepper, Tuition reimbursement, CWI,1,000.00 01 General Fund RMT EQUIPMENT 12 volt actuator for Ventrac 1 broom arm - qty 1 225.00 01 General Fund RMT EQUIPMENT Ventrac oil, filters, & actuator for broom - qty 6 588.22 01 General Fund ROCKY MOUNTAIN COLLISION 220/Emissions test MF023 9.98 01 General Fund SADIE JESSOP BEAGLEY 220/Hemming uniform pants & jacket patch 276.00 01 General Fund SIGNS, ETC New sign for HR Director 60.20 01 General Fund SIGNS, ETC Park Shop reservation corkboard signs - qty 4 44.40 01 General Fund SLHS SERVICE AREA Pre Employment Testing 156.00 01 General Fund SMITH CHEVROLET CO, INC 19-0084 2019 White Chevy Equinox AWD Item C-63 Model 1XX26, 134,888.40 01 General Fund STEELMAN PLUMBING 220/toilet leak repair, 2 flush valves, St. 5 319.50 01 General Fund SYNCB/AMAZON 2 power hubs for CD Tenent improvement 289.98 01 General Fund SYNCB/AMAZON 2019 wall calendars for HR staff 103.71 01 General Fund SYNCB/AMAZON 220/ Flags for Stations & apparatus qty 28 492.80 01 General Fund SYNCB/AMAZON 220/coffee cups 13.99 01 General Fund SYNCB/AMAZON 220/electronic label writer 79.97 01 General Fund SYNCB/AMAZON 220/frames for artwork at ea station, dept photo 159.79 01 General Fund SYNCB/AMAZON Side table, glucose & disposable tweezer for med cab i 15.18 01 General Fund T-ZERS SHIRT SHOP Clothing for Building Inspector K. Dart 275.95 01 General Fund TATES RENTS (GENERAL OFFICE)220/Propane for training 44.98 01 General Fund THE BRYAN YAGER GROUP, LLC Executive coaching for D. Tiede 1,820.00 01 General Fund TIM KELLEY Reimburse: T. Kelley, Tuition reimbursement, CWI, 7/18-12/18 480.00 01 General Fund TOTAL SYSTEM SERVICES Data Aire unit repair 205.00 Date: 12/27/18 12:06:08 PM Page: 4Meridian City Council Meeting Agenda January 2, 2019 – Page 436 of 576 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 TYLER TECHNOLOGIES INC MoileEyes Inspector Mobile Inspection Solution-includes mobi 6,234.00 01 General Fund VARSITY FACILITY SERVICES 19-0054, Janitorial service all locations service to 10/15/1 16,110.74 01 General Fund WEIDNER & ASSOCIATES 220/20 5-gallon pails of fire fighting foam, all stations 1,700.00 01 General Fund WEIDNER & ASSOCIATES 220/PPE, Structure gloves, 14 Pro-Tech 8 Fusion 943.28 01 General Fund WEIDNER & ASSOCIATES 220/SCBA Compressor part, bushing fill station 27.35 01 General Fund WIENHOFF & ASSOCIATES, INC PO19-0166 DOT/NonDOT Annual Memeberships 100.00 01 General Fund WIENHOFF & ASSOCIATES, INC PO19-0166 Drug/Alcohol Testing Oct. 2018 345.00 01 General Fund WW GRAINGER, INC 220/DEF for St. 2 413.87 01 General Fund WW GRAINGER, INC 220/Disposable respirators, AA Batteries, St. 5 40.90 01 General Fund ZONES Microsoft Surface 12 Volt Car Charger by Griffin 76.00 01 General Fund ZONES Microsoft Surface Pen - stylus- Bluetooth 4.0 Black 302.00 Total 01 General Fund 375,960.67 07 Impact Fund IDAHO PRESS-TRIBUNE Legal Ad: Bid Discovery Park Shop 220.89 Total 07 Impact Fund 220.89 60 Enterprise Fund ADAM JENNINGS Per Diem: A Jennings, WEF Forum 2019, Austin TX, 1/13/19-1/1 213.50 60 Enterprise Fund AWWA-AMERICAN WATER WORKS ASSN Registration fees for D. Teller & T. Kissire, AWWA Utility M 1,405.00 60 Enterprise Fund CAREER UNIFORMS Clothing for TAvery (3 qty)43.05 60 Enterprise Fund CAREER UNIFORMS Clothing for WW staff (43 qty)939.15 60 Enterprise Fund COLUMBIA ELECTRIC SUPPLY 120 Vac GP Relay, Screw Term Skt, wwl 29 Prelube Qty 20 310.00 60 Enterprise Fund COLUMBIA ELECTRIC SUPPLY Pump relay to repair control panel, RAS pumps (2 qty)494.29 60 Enterprise Fund CONTAINER & PACKAGING SUPPLY Sample bottle lids (200 qty)34.62 60 Enterprise Fund CUSTOM GATE AUTOMATION Labor to reprogram security gate (1 hr)100.00 60 Enterprise Fund D & B SUPPLY Credit for Return of cold Weather bibs M. Anderson (79.99) 60 Enterprise Fund D & B SUPPLY Much boots for Brad Standley 99.99 Date: 12/27/18 12:06:08 PM Page: 5Meridian City Council Meeting Agenda January 2, 2019 – Page 437 of 576 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 Propane torch to defrost frozen piping 42.29 60 Enterprise Fund D & B SUPPLY Safety Steel Toe Boot S. Browen 175.49 60 Enterprise Fund DC ENGINEERING 17-0405,WWTP Elect.Dist.System design as of 12/10/18 3,850.00 60 Enterprise Fund DC ENGINEERING 19-0070 SCADA electrical design, HMI & PLC programming 837.50 60 Enterprise Fund DRAKE PLUMBING & HEATING CO Labor to repair flame on HVAC unit in UV bldg 154.00 60 Enterprise Fund ELECTRICAL WHOLESALE SUPPLY CO Bur Bit for Repairs of Electrial Supply to Inventory Area 17.48 60 Enterprise Fund ENVIRONMENTAL EXPRESS, INC.Orange/White 2-stop santoprene tubing (1 pk)89.34 60 Enterprise Fund EUROFINS EATON ANALYTICAL LLC FY19 Water Testing @ Well 11 94.00 60 Enterprise Fund EUROFINS EATON ANALYTICAL LLC FY19 Water Testing @ Well 11 & 25 Uranium Qty 6 81.00 60 Enterprise Fund EUROFINS EATON ANALYTICAL LLC FY19 Water Testing @ Well 29 Soc/VOC/Rads Qty 13 1,114.00 60 Enterprise Fund EUROFINS EATON ANALYTICAL LLC FY19 Water Testing @ Well 29, 30 Qty 2 134.00 60 Enterprise Fund EUROFINS EATON ANALYTICAL LLC FY19 Water Testing Lead & Copper Qty 12 240.00 60 Enterprise Fund EUROFINS EATON ANALYTICAL LLC FY19 Water Testing Lead & Copper Qty 3 60.00 60 Enterprise Fund EUROFINS EATON ANALYTICAL LLC FY19 Water Testing Metals Qty 3 60.00 60 Enterprise Fund EUROFINS EATON ANALYTICAL LLC FY19 Water Testing SOC/VOC/RADS Qty 13 1,316.00 60 Enterprise Fund EUROFINS EATON ANALYTICAL LLC Water Testing DPB Qty 12 744.00 60 Enterprise Fund EVOQUA WATER TECHNOLOGIES, LLC.DI Rental Service Agreement 10/1/18-9/30/19 712.62 60 Enterprise Fund FISHER SCIENTIFIC Glucose-glutamic acid (3 cs)135.03 60 Enterprise Fund FISHER SCIENTIFIC Nitrile gloves-size med (2 cs)82.62 60 Enterprise Fund GIESLER AUTO REPAIR Repairs, Parts & Labor for Power Stearing C13732 1,517.19 Date: 12/27/18 12:06:08 PM Page: 6Meridian City Council Meeting Agenda January 2, 2019 – Page 438 of 576 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 HACH COMPANY LDO adapters (2 qty)4,272.70 60 Enterprise Fund HACH COMPANY Nitrate test kits (8 qty)419.74 60 Enterprise Fund HARBOR FREIGHT TOOLS PC Met Kit, Cable Ties, Magnetic tool Holder Qty 6 33.94 60 Enterprise Fund IDAHO PRESS-TRIBUNE Legal Ad: Bid Meridian Linder Sewer Trunk 143.64 60 Enterprise Fund IDAHO TOOL & EQUIPMENT 12V Battery, GPC Impkt Skt, Mes Tape, Wrench Qty 5 166.94 60 Enterprise Fund IDAHO TOOL & EQUIPMENT Drive Impact, Wire Stripper, Wrench Qty 5 100.58 60 Enterprise Fund IDAHO TOOL & EQUIPMENT Pry Bar, Blow Hammer, Wrench, Scredriver, Punch Set Qty 10 262.05 60 Enterprise Fund IDAHO TRANSPORTATION DEPARTMENT Registration plate Renew A11160 flat Bed Trlr A11160 23.00 60 Enterprise Fund INTERMOUNTAIN GAS 098-162-3000-8 Intermountain Gas December 2018 -8,027.43 60 Enterprise Fund JOHNSTONE SUPPLY Fan motor replacement at Chem Feed bldg 109.15 60 Enterprise Fund LES SCHWAB TIRE CENTER Flat repair on vactor hydrocleaner C19957 37.00 60 Enterprise Fund MINUTEMAN, INC.Parts, Labor & Install of Safety Exit Bar in Fire Room @ Adm 1,260.00 60 Enterprise Fund MOUNTAIN HOME AUTO RANCH 19-0006 2019 F250 4wd Supercab 27,709.00 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Metric bolts for stock (25 qty)20.88 60 Enterprise Fund NAMPA-MERIDIAN IRRIGATION DIST South Meridian/Linder sewer,Irrigation crossing 12/13/18 175.00 60 Enterprise Fund NAPA AUTO PARTS Diesel exhaust fluid for Vactor Hydrocleaner (55 gal)199.99 60 Enterprise Fund NAPA AUTO PARTS Diesel Fuel Additive Qty 12 71.88 60 Enterprise Fund NAPA AUTO PARTS Headlight for Collections truck & gauge (2 qty)62.17 60 Enterprise Fund NASSCO INC NASSCO Membership renewal Kathi B up to 3 people 295.00 60 Enterprise Fund OFFICE DEPOT, INC.Dry erase pens and eraser 5.53 Date: 12/27/18 12:06:08 PM Page: 7Meridian City Council Meeting Agenda January 2, 2019 – Page 439 of 576 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 OFFICE DEPOT, INC.Duster pads, badge labels 20.85 60 Enterprise Fund OFFICE DEPOT, INC.Pen holder 11.59 60 Enterprise Fund OFFICE VALUE - MERIDIAN Clipboards, pens, markers, steno pads & paper pads (17 qty) 96.79 60 Enterprise Fund OFFICE VALUE - MERIDIAN Copy Paper, Facial Tissue, High lighters Qty 4 107.32 60 Enterprise Fund PARAMOUNT SUPPLY CO.Solenoid valves for chlorine analyzer 2 (3 qty)359.62 60 Enterprise Fund PLATT ELECTRIC SUPPLY Parts to install chlorine analyzer 2 (4 qty)31.34 60 Enterprise Fund PLATT ELECTRIC SUPPLY Parts to repair electrical outlet on front end loader (7 qty 75.74 60 Enterprise Fund POWER SYSTEMS WEST 19-0124 Annual Genenrator Maintenance @ Well 21 244.40 60 Enterprise Fund POWER SYSTEMS WEST 19-0124 Annual Generator Maintenance @ Water Admin 235.00 60 Enterprise Fund POWER SYSTEMS WEST 19-0124 Annual Generator Maintenance @ Well 20 235.00 60 Enterprise Fund POWER SYSTEMS WEST 19-0124 Annual Generator Maintenance @ Well 20B 235.00 60 Enterprise Fund POWER SYSTEMS WEST 19-0124 Annual Generator Maintenance Well 26 1,069.44 60 Enterprise Fund POWER SYSTEMS WEST 19-0124 Annual Generator Maitnenance @ Well 24 1,112.22 60 Enterprise Fund POWER SYSTEMS WEST 19-0124 FY19 Annual Generator Maintenance @ Blk Rock 1,069.44 60 Enterprise Fund POWER SYSTEMS WEST 19-0124 FY19 Annual Generator Maintenance @ Water Tower 235.00 60 Enterprise Fund POWER SYSTEMS WEST 19-0124 FY19 Annual Generator Maintenance @ Winnipeg 235.00 60 Enterprise Fund POWER SYSTEMS WEST 19-0124 FY19 Annual Generator Maintenance Well 16 235.00 60 Enterprise Fund RED WING SHOES Safety Steel Toe Boot S. Pehrson Qty 1 200.00 60 Enterprise Fund RICOH USA, INC C86232690, November Copies Envir 147.45 60 Enterprise Fund RICOH USA, INC C86236263 b/w (156 qty) & color (160 qty) images 11.20 Date: 12/27/18 12:06:08 PM Page: 8Meridian City Council Meeting Agenda January 2, 2019 – Page 440 of 576 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 RICOH USA, INC C86242095 b/w (826 qty) & color (815 qty) images 47.52 60 Enterprise Fund RICOH USA, INC Ricoh MPC2004EX Blk Qty 8089 color Qty 2968 250.35 60 Enterprise Fund SIGNS, ETC Frame and installation for flip frames 484.74 60 Enterprise Fund SPECIALTY PLASTICS & FAB, INC PVC80 Valve, Thread PVC Bushings, PVC Nipple, Camlock 143.83 60 Enterprise Fund SYNCB/AMAZON Cell phone case for MLatham 11.99 60 Enterprise Fund SYNCB/AMAZON Mailing tubes for record retention 45.35 60 Enterprise Fund SYNCB/AMAZON Side table, glucose & disposable tweezer for med cab i 76.03 60 Enterprise Fund SYNCB/AMAZON VideoSecu MW340B2 TV Wall Mount Bracket for most 32-65inch L 32.99 60 Enterprise Fund SYNCB/AMAZON Wide Mouth Tool Bag Qty 1 61.99 60 Enterprise Fund T-O ENGINEERS, INC 18-0470,WRRF Post Aeration System Study 11/1-11/30/18 1,922.50 60 Enterprise Fund T-ZERS SHIRT SHOP Clothing for MLatham & Wastewater Staff (21 qty)491.00 60 Enterprise Fund TAWNYA CONVERSE Reimb, T. Converse, Pathfinders Robotic Arm - Qty 1 17.99 60 Enterprise Fund USA BLUEBOOK 80 PVC Adapter, PVC Hose Barb Male 90.30 60 Enterprise Fund USA BLUEBOOK Brass Ball Valve Qty 1 57.30 60 Enterprise Fund USA BLUEBOOK Brass Reducer Coupling Qty 1 55.43 60 Enterprise Fund USA BLUEBOOK Brass Reducer Qty 4 91.01 60 Enterprise Fund USA BLUEBOOK Brass Tee, Pressure Guage, Ball Valve, Brass Coupling, Bushi 1,483.73 60 Enterprise Fund VARSITY FACILITY SERVICES 19-0054, Janitorial service all locations service to 10/15/1 1,715.17 60 Enterprise Fund WW GRAINGER, INC Davitt mount for confined space safety unit 402.23 60 Enterprise Fund WW GRAINGER, INC Entrance mats for Admin building (2 qty)146.58 Date: 12/27/18 12:06:08 PM Page: 9Meridian City Council Meeting Agenda January 2, 2019 – Page 441 of 576 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 XEROX CORPORATION - PASADENA 8TB576316 b/w (1,827 qty) & color (137 qty) images 15.99 60 Enterprise Fund XEROX CORPORATION - PASADENA LX7658362 monthly lease for Nov 2018 146.56 Total 60 Enterprise Fund 72,169.77 Report Total 448,351.33 Date: 12/27/18 12:06:08 PM Page: 10Meridian City Council Meeting Agenda January 2, 2019 – Page 442 of 576 City Council Meeting Agenda January 2, 2019 Agenda Item Number: 7 Project File Number: Item Title: Items moved from Consent Agenda Request: Meeting Notes: City Council Meeting Agenda January 2, 2019 Agenda Item Number: 8 A Project File Number: Item Title: Mayor's Youth Advisory Council Update Request: Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 8.A . Presenter: Estimated Time f or P resentation: Title of I tem - M ayor's Youth Advisory Council Update C ouncil Notes: RE V I E WE RS : Department Reviewer Action D ate Clerk.Coles, C.J ay Approved 12/28/2018 - 10:29 A M Meridian City Council Meeting Agenda January 2, 2019 – Page 443 of 576 www.meridiancity.org MYAC Update January 2, 2019 Christmas Party www.meridiancity.org December 10, 2018 & Sock Drive Christmas Cookies www.meridiancity.org Over 100 cookies were delivered on Christmas Eve to: •4 Senior Living Locations •St. Luke’s ER •St. Al’s Urgent Care •The Village Offices •Maverick (Franklin) Upcoming Events www.meridiancity.org •Participatory Budgeting Expo and Workgroups –Jan 14 •Legislative Breakfast –Jan 19 •TAC Sledding Event –Jan 19 •Youth Lobby Day –Jan 31 City Council Meeting Agenda January 2, 2019 Agenda Item Number: 8 B Project File Number: Item Title: Cottonwood Creek Behavioral Hospital Introduction New Meridian Business Request: Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 8.B . Presenter: P hil Sheridan, C E O Estimated Time f or P resentation: 10 min Title of I tem - C ottonwood C r eek Behavioral Hospital Introduction - New M eridian Business New bus iness in Meridian wo uld like to introduce thems elves to the C ounc il and ans wer any q ues tio ns. C ottonwood C reek Behavioral Hos pital is going to o p en in January 2019 and we are very exc ited to b e a s mall part of helping s ervic e the mental health needs in o ur community. C ouncil Notes: RE V I E WE RS : Department Reviewer Action D ate Clerk.Coles, C.J ay Approved 12/28/2018 - 10:30 A M Meridian City Council Meeting Agenda January 2, 2019 – Page 444 of 576 City Council Meeting January 2, 2019 Zoning Map Future Land Use Map Zoning Map FLUM Qualified Open Space Conceptual Building Elevations Site Plan & Pre-plat Landscape Plan Conceptual Elevations Color Renderings Color Renderings City Council Meeting Agenda January 2, 2019 Agenda Item Number: 9 A Project File Number: H-2018-0122 Item Title: Public Hearing for TM Crossing Expansion By SCS Brighton, LLC, Located East of S. Ten Mile Rd. on the North side of 1-84 Request: 1. Annexation and Zoning of 1.68 acres of land with a C -G zoning district. Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 9.A . Presenter: Estimated Time f or P resentation: Title of I tem - Public Hearing for T M Crossing Expansion (H-2018-0122) by S C S Brighton, L L C , L ocated East of S. Ten M ile Rd. on the North side of I-84 C lic k Here for Applic ation Materials C lic k Here to S ign Up to Tes tify at Hearing C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate S taff Report S taff Report 12/24/2018 Minutes from Planning and Z oning Commission Minutes 12/10/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 12/24/2018 - 10:55 A M Meridian City Council Meeting Agenda January 2, 2019 – Page 445 of 576 City of Meridian - Public Hearing Sign In Form Tools Details and Signatures For Public Hearing Hearing Date: 1/2/2019 Hearing Type: Council Item Number: 9A Project Name: TM Crossing Expansion Project No.: H-2018-0122 Active: ❑ There are no signatures posted for this meeting type yet. Go Back To List Export To Excel © 2019 - City of Meridian, Idaho Page 1 of 1 http://internalapps/SIGNINFORMTOOLS/SignInFormDetails?id=141 1/4/2019 Changes to Agenda: None Item #9A: TM Crossing Expansion (H-2018-0122) Application(s):  Annexation & Zoning Size of property, existing zoning, and location: This site consists of 1.68 acres of land, zoned R1 in Ada County, located on the north side of I-84, east of S. Ten Mile Rd. History: This property was included in the Primrose Sub plat and designated as a “public use area” but never developed as such and has been being used as a pasture. This designation was vacated in 1979 & was recently removed from the plat. Comprehensive Plan FLUM Designation: LDR Summary of Request: The Applicant requests annexation & zoning of 1.68 acres of land with a C-G zoning district consistent with the Commercial FLUM designation. Because FLUM designations are approximate and not parcel specific, the applicant requests the adjacent Commercial designation to the west “float” to this property. The Applicant has submitted letters from the abutting residential property owners (Atwood’s, Hennis’, and Plummer’s) in support of the request. The applicant proposes to develop the site with a parking lot to serve a future development phase of the TM Crossing, a development to the west containing professional offices. A 25-foot wide landscaped buffer and 6’ tall fence will be provided along the north & east property boundaries to screen the parking area from the adjacent residential uses. Public access to the parking lot will be provided from the TM Crossing development to the west via Navigator Dr.; emergency access to the commercial development will be provided from the east via W. Verbena Dr. along the north boundary of this site within the existing unimproved ROW. As a provision of annexation, Staff recommends a DA containing the provisions in Section VIII of the staff report. Commission Recommendation: Approval Summary of Commission Public Hearing: i. In favor: Mike Wardle ii. In opposition: None iii. Commenting: None iv. Written testimony: Mike Wardle (in agreement w/staff report) v. Key Issue(s): None Key Issue(s) of Discussion by Commission: None Commission Change(s) to Staff Recommendation: None Outstanding Issue(s) for City Council: None Written Testimony since Commission Hearing: None Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2018-0122, as presented in the staff report for the hearing date of January 2, 2019: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2018-0122, as presented during the hearing on January 2, 2019, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2018-0122 to the hearing date of January 2, 2019 for the following reason(s): (You should state specific reason(s) for continuance.) Page 1 STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT DATE: January 2, 2019 TO: Mayor & City Council FROM: Sonya Allen, Associate City Planner 208-489-0578 SUBJECT: H-2018-0122 TM Crossing Expansion PROPERTY LOCATION: East of S. Ten Mile Rd. on the north side of I-84, in the SW ¼ of Section 14, T.3N., R.1W. (Parcel #R7192800750) I. PROJECT DESCRIPTION Annexation and zoning of 1.68 acres of land with a C-G zoning district for expansion of the TM Crossing site to allow additional parking to be provided in a future development phase. II. SUMMARY OF REPORT A. Project Summary Details Page Acreage 1.68 Future Land Use Designation Low Density Residential (LDR) Existing Land Use Vacant/undeveloped (pasture) Proposed Land Use(s) NA (floating adjacent Commercial FLUM designation) Current Zoning R1 in Ada County Proposed Zoning C-G Physical Features (waterways, hazards, flood plain, hillside) Purdam Gulch Drain runs along southern boundary of site History (previous approvals) Un-numbered lot in Primrose Sub. designated “public use area” B. Community Metrics Details Page ACHD report (yes/no)  Requires ACHD Commission Action (yes/no) Yes No Meridian City Council Meeting Agenda January 2, 2019 – Page 446 of 576 Page 2 Details Page Access (Arterial/Collectors/State Hwy/Local)(Existing and Proposed) Access via the TM Crossing development; emergency access via W. Verbena Dr. (no public street access proposed) Stub Street/Interconnectivity/Cross Access Cross-access with adjacent property to west (i.e. TM Crossing) C. Project Area Maps Future Land Use Map Aerial Map III. APPLICANT INFORMATION A. Applicant: SCS Brighton, LLC – 12601 W. Explorer Dr., #200, Boise, ID 83713 B. Owner: Same as Applicant C. Representative: Mike Wardle, Brighton Corporation – 12601 W. Explorer Dr., #200, Boise, ID 83713 IV. NOTICING A. Newspaper notification published on: November 16, 2018 B. Radius notice mailed to properties within 300 feet on: November 13, 2018 C. Applicant posted notice on site on: November 21, 2018 D. Next door posting: November 13, 2018 E. Neighbor meeting date and number of attendees: September 27, 2018; 9 attendees + Applicant Meridian City Council Meeting Agenda January 2, 2019 – Page 447 of 576 Page 3 V. STAFF ANALYSIS The proposed annexation area is within the Area of City Impact boundary and is contiguous to land that has already been annexed into the City. A legal description for the area proposed to be annexed is included in Section VII, Exhibit A. The site consists of land included in the Primrose Subdivision plat designated as a public use area but never developed as such; the site has been being used as a pasture and contains no structures. In 1979, the Meridian City Council vacated the public use area designation on the plat (Ordinance #352). An Affidavit Authorizing Change to Official Plat Record was recorded on September 14, 2018 as Instrument No. 2018-087272, to remove the “public use area” notation on the plat. The Comprehensive Plan Future Land Use Map (FLUM) designation for this site is Low Density Residential (LDR), which allows residential densities of 3 or fewer units per acre. The adjacent property to the west is designated Commercial. Because FLUM designations are approximate and not necessarily parcel specific, the Applicant requests the adjacent Commercial designation be allowed to “float” to this property without an amendment to the FLUM. With this request, Staff recommended the Applicant submit letters of support from abutting affected property owners (i.e. Atwood’s, Hennis’, Plummer’s), which the Applicant has done (see Section VII, Exhibit C). The Applicant submitted two (2) options to these property owners for landscape buffers adjacent to their properties; Option 1, which consists of a 25-foot wide buffer with 6-foot tall fence on the property line consistent with UDC Table 11-2B-3, was chosen by all (see Section VII, Exhibit D). Landscaping within this buffer should be provided with development of the site in accord with the standards listed in UDC 11- 3B-9C. The buffer (or right-of-way along the north boundary) should facilitate pedestrian access from the residential to the abutting commercial development as set forth in UDC 11-3B- 9C.3. Once annexed, the property will be improved as a parking area to serve a future development phase (i.e. professional offices) in the adjacent TM Crossing commercial development to the west; a conceptual development plan is included in Section VII, Exhibit B. The UDC (Table 11-2B-2) allows parking facilities as a principal permitted use in the C-G district; future development must comply with the dimensional standards listed in UDC Table 11-2B-3 for the C-G district and the parking standards listed in UDC 11-3C-5. A continuous pedestrian walkway that is a minimum 5 feet in width should be provided from the parking lot to the main building entrance in accord with UDC 11-3A-19B.4. There is existing unimproved dedicated right-of-way (ROW), 25-feet wide, adjacent to the north boundary of the site. The Applicant proposes to provide an emergency only access to the TM Crossing site from this ROW via W. Verbena Dr. as contemplated with TM Crossing subdivision. Access is proposed via a driveway from the west from Navigator Dr. within the TM Crossing development; public access via W. Verbena Dr. is not proposed or required at this time. If at some point in the future the adjacent homes to the north and east redevelop commercially and the 25- foot wide right-of-way depicted on the Primrose subdivision plat on the adjacent property to the north is dedicated, a public street connection may occur at that time. This site is separated from I-84 by a 15’ wide sliver of land, under different ownership, where the Purdam Gulch Drain is located that appears to be a remnant of land leftover when the interstate was widened. The UDC (Table 11-2B-3) requires a 50-foot wide street buffer to be provided on properties adjacent to Interstate 84 landscaped in accord with the standards listed in UDC 11-3B-7C consistent with the Comprehensive Plan (#3.06.02F), which requires appropriate landscaping and buffers along transportation corridors. Although this property doesn’t directly abut I-84, there is not sufficient depth on that property to provide the required buffer and it’s not likely to be improved since it’s not part of a larger parcel. For this reason, staff recommends a minimum 35-foot wide street buffer is provided on this site as a provision of annexation. Additionally, Staff Meridian City Council Meeting Agenda January 2, 2019 – Page 448 of 576 Page 4 recommends the multi-use pathway within the street buffer along I-84 on the adjacent property to the west is extended across this site within the buffer to the east boundary of the site. The City may require a Development Agreement (DA) in conjunction with an annexation and zoning request pursuant to Idaho Code section 67-6511A. In order to ensure compliance with Staff’s recommendation associated with this application, staff recommends a DA is required with the provisions included in Exhibit VIII. Prior to development, an application for Certificate of Zoning Compliance and Administrative design review is required to be submitted for the proposed parking area to ensure compliance with the DA provisions in this report and UDC standards. VI. DECISION A. Staff: Staff recommends approval of the proposed annexation and zoning application per the Findings in Section IX with the requirement of a Development Agreement including the provisions in Section VIII. B. Commission: The Meridian Planning & Zoning Commission heard this item on December 6, 2018. At the public hearing, the Commission moved to recommend approval of the subject AZ request. a. Summary of Commission Public Hearing: i. In favor: Mike Wardle ii. In opposition: None iii. Commenting: None iv. Written testimony: Mike Wardle, Applicant (in agreement with staff report) v. Staff presenting application: Bill Parsons vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. None c. Key Issues of Discussion by Commission: i. None d. Commission Change(s) to Staff Recommendation: i. None e. Outstanding Issue(s) for City Council: i. None Meridian City Council Meeting Agenda January 2, 2019 – Page 449 of 576 Page 5 VII. EXHIBITS A. Legal Description & Exhibit Map Meridian City Council Meeting Agenda January 2, 2019 – Page 450 of 576 Page 6 Meridian City Council Meeting Agenda January 2, 2019 – Page 451 of 576 Page 7 B: Conceptual Development Plan Meridian City Council Meeting Agenda January 2, 2019 – Page 452 of 576 Page 8 Exhibit C: Support from Abutting Property Owners Meridian City Council Meeting Agenda January 2, 2019 – Page 453 of 576 Page 9 Meridian City Council Meeting Agenda January 2, 2019 – Page 454 of 576 Page 10 Exhibit D: Landscape Buffer to Abutting Residential Properties Meridian City Council Meeting Agenda January 2, 2019 – Page 455 of 576 Page 11 VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION A Development Agreement (DA) is required as a provision of annexation of this property. Prior to approval of the annexation ordinance, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer. Currently, a fee of $303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six (6) months of the City Council granting the annexation. The DA shall, at minimum, incorporate the following provisions: 1. Future development of this site shall be generally consistent with the conceptual development plan included in Section VII, Exhibit B and the provisions contained herein. 2. A Certificate of Zoning Compliance and Administrative Design Review application is required to be submitted and approved for the proposed parking lot expansion area prior to construction. The site and landscape plans submitted with those applications shall include the following: a. A 25-foot wide buffer as set forth in UDC Table 11-2B-3, landscaped in accord with the standards listed in UDC 11-3B-9C, shall be provided along the north and east property boundaries of the site with a 6-foot tall privacy fence on these property lines as committed by the Applicant to the property owners of Parcels #R7192800490, #R7192800480 & #R7192800470, as shown in Section VII, Exhibit D. b. A minimum 35-foot wide street buffer with a 10-foot wide multi-use pathway shall be provided along Interstate 84, landscaped in accord with the standards listed in UDC 11-3B-7C. c. If at some point in the future the adjacent homes to the north and east redevelop commercially and the 25-foot wide right-of-way depicted on the Primrose subdivision plat on the adjacent property to the north (Lot 7, Block 3) is dedicated, a public street connection may be required at that time. d. A pedestrian connection shall be provided from the residential neighborhood (i.e. Primrose Subdivision) to the commercial development to the west in accord with UDC 11-3B-9C.3. The location of the pedestrian connection may be within the right-of-way adjacent to the north property boundary. e. A continuous pedestrian walkway that is a minimum 5 feet in width shall be provided from the parking lot to the main building entrance in accord with UDC 11-3A-19B.4. Meridian City Council Meeting Agenda January 2, 2019 – Page 456 of 576 Page 12 B. IDAHO TRANSPORTATION DEPARTMENT (ITD) Meridian City Council Meeting Agenda January 2, 2019 – Page 457 of 576 Page 13 C. CENTRAL DISTRICT HEALTH DEPARTMENT (CDHD) Meridian City Council Meeting Agenda January 2, 2019 – Page 458 of 576 Page 14 Meridian City Council Meeting Agenda January 2, 2019 – Page 459 of 576 Page 15 D. NAMPA & MERIDIAN IRRIGATION DISTRICT Meridian City Council Meeting Agenda January 2, 2019 – Page 460 of 576 Page 16 Meridian City Council Meeting Agenda January 2, 2019 – Page 461 of 576 Page 17 E. ADA COUNTY HIGHWAY DISTRICT (ACHD) Meridian City Council Meeting Agenda January 2, 2019 – Page 462 of 576 Page 18 Meridian City Council Meeting Agenda January 2, 2019 – Page 463 of 576 Page 19 Meridian City Council Meeting Agenda January 2, 2019 – Page 464 of 576 Page 20 Meridian City Council Meeting Agenda January 2, 2019 – Page 465 of 576 Page 21 Meridian City Council Meeting Agenda January 2, 2019 – Page 466 of 576 Page 22 Meridian City Council Meeting Agenda January 2, 2019 – Page 467 of 576 Page 23 Meridian City Council Meeting Agenda January 2, 2019 – Page 468 of 576 Page 24 IX. FINDINGS 1. ANNEXATION & ZONING (UDC 11-5B-3E) Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant a rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Commission finds that the proposed map amendment to the C-G zoning district is consistent with the Comprehensive Plan FLUM designation of Commercial that is being “floated” to this site from the adjacent property to the west. (See section V above for more information.) b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Commission finds that the proposed map amendment to the C-G zoning district is consistent with the purpose statement of the commercial district per UDC 11-2B-1. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Commission finds that the proposed zoning amendment should not be detrimental to the public health, safety, or welfare. The abutting neighbors have submitted letters in support of the proposed map amendment. The Commission recommends that the Council consider any oral or written testimony that may be provided when determining this finding. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The Commission finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-5B-3.E). The Commission finds the proposed annexation of this property is in the best interest of the City. Meridian City Council Meeting Agenda January 2, 2019 – Page 469 of 576 City Council Meeting Agenda January 2, 2019 Agenda Item Number: 9 B Project File Number: H-2018-0115 Item Title: Public Hearing for Warrick Subdivision By Schultz Development, Located at 2445 E. Amity Rd. Request: 1. Annexation and Zoning of 36.22 acres of land with an R-4 (19.94 acres) and R-8 (16.28 acres) zoning districts 2. Preliminary Plat consisting of 130 building lots and 19 commons lots on 36.22 acres of land Meeting Notes: Co inued -�c Ftbyuav� 51 201C! I TEM SHEET C ouncil Agenda I tem - 9.B . Presenter: Estimated Time f or P resentation: Title of I tem - Public Hearing for Warrick Subdivision (H-2018-0115) by S chultz D evelopment, L ocated at 2445 E. Amity Rd. C lic k Here for Applic ation Materials C lic k Here to S ign Up to Tes tify at Hearing C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate S taff Report S taff Report 12/24/2018 Minutes from Planning and Z oning Commission B ackup Material 12/24/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 12/24/2018 - 12:29 P M Meridian City Council Meeting Agenda January 2, 2019 – Page 473 of 576 City of Meridian - Public Hearing Sign In Form Tools Details and Signatures For Public Hearing Hearing Date: 1/2/2019 Hearing Type: Council Item Number: 9B Project Name: Warrick Subdivision Project No.: H-2018-0115 Active: ❑ Page 1 of 1 Signature City -State- I Wish To Sign In Address For Against Neutral Name Zip Testify Date/Time Steven 2630 E Meridian, ID 1/1/2019 X X Stark Amity Road 83642 10:55:26 PM Go Back To List Export To Excel © 2019 - City of Meridian, Idaho http://internalapps/SIGNINFORMTOOLS/SignInFormDetails?id=142 1/4/2019 Item #9B: Warrick Subdivision (H-2018-0115) Application(s):  Annexation & Zoning  Preliminary Plat Size of property, existing zoning, and location: This site consists of 36.22 acres of land, zoned RUT in Ada County, located at 2445 E. Amity Rd. on the south side of Amity, west of S. Eagle Rd. History: None Comprehensive Plan FLUM Designation: LDR (3 or fewer units/acre) Summary of Request: Annexation & zoning of 36.22 acres of land with the R-4 (19.94 acres) & R-8 (16.28 acres) zoning districts. The Applicant requests a “step” up in density from LDR to MDR (3-8 units/acre) without an amendment to the FLUM. In residential areas, the Comp Plan provides for other densities to be considered without requiring an amendment to the FLUM. The gross density proposed is 3.6 units/acre which is only 0.6 units/acre more than allowed within the LDR designation. There is an existing home and several accessory structures on the site that are proposed to be removed prior to development. A preliminary plat is proposed consisting of 130 building lots and 19 common lots on 36.22 acres of land. A mix of housing ty pes are proposed consisting of single-family detached (106) & attached (24) homes, ranging in size from 1,350 to 4,000 square feet with an average lot size of 7,659 s.f. Per the ACHD report, Amity Rd. is planned to be widened to 5 lanes between Locust Grove & Eagle Roads between 2022 and 2026. A westbound center turn lane is required to be constructed on Amity Rd. at the site access (Fonthill Way). Additional ROW is required to be dedicated & the pavement widened to 17’ from centerline w/3’ gravel shoulders on Amity Rd. One access is proposed via Amity Rd., a stub street (Scrubpine) at the west boundary is proposed to be extended and stub streets are proposed to the south & east for future extension. ACHD is requiring the stub to the east to be shifted to the south approximately 375’ between Lots 11 & 12, Block 7 which will necessitate provision of a pathway to the north within the same block in order to comply with block face standards. Landscaping is proposed within the development consisting of a 50’ wide street buffer along Amity Rd. with a 20’ wide berm; parkways along local streets within the development containing mitigation trees; common open space areas and along pathways. A minimum 10% (or 3.62 acres) of qualified open space is required to be provided along with a minimum of 2 qualified site amenities. The applicant proposes to provide 5.46 acres (or 15%) qualified open space consisting of a 2.5 acre park, common area containing pathways, ½ the street buffer along Amity Rd., a 50’ x 100’(+) common area and common area with a pond. Site amenities are proposed as follows: pedestrian pathways throughout the development and a segment of the City’s multi-use pathway along the Ten Mile Creek corridor, a community swimming pool, clubhouse, a sitting area and additional qualified open space (20,000+ s.f.) above the minimum required from the quality of life, recreation and pedestrian or bicycle circulation system categories. Staff also recommends children’s play equipment is provided as an additional amenity. The Ten Mile creek runs along the east boundary of the site and is required to remain open as a natural amenity. The Beasley Lateral crosses this site & is proposed to either be relocated, meander north and west through the site, or diverted completely to the pond at the SEC and the creek – the Applicant is unsure at this time. Fencing is proposed within the development in accord with UDC standards. No fencing is proposed between the multi-use pathway and the creek; The UDC states that fencing along natural waterways shall not prevent access to the waterway unless determined by Council to be necessary to protect public safety. If Council determines fencing is necessary, a requirement for fencing should be added. Conceptual building elevations and photos were submitted for future attached & detached homes and the clubhouse proposed within the development. The clubhouse and SFR attached units are required to comply with the design standards listed in the ASM. The rear/side of 2-story homes on lots that face Amity Rd. are required to incorporate articulation since they will be highly visible from the arterial street. Commission Recommendation: Approval Summary of Commission Public Hearing: i. In favor: Matt Schultz, Steven Stark ii. In opposition: None iii. Commenting: Kathy Stark iv. Written testimony: Matt Schultz v. Key Issue(s):  Opinion that attached homes are not appropriate for this development;  Concern by the Stark’s pertaining to floodplain on their property resulting from changes to the site & an increase in the water level of the creek; request for an off-site condition requiring the size of the culvert to be increased underneath the bike path to equal that of the culvert going underneath Amity. Key Issue(s) of Discussion by Commission: i. The requirement for a children’s play structure to be provided within the development as recommended by Staff. Commission Change(s) to Staff Recommendation: i. The Commission removed the requirement for children’s play equipment to be provided within the development (see VIII, A.1d and A.5). Outstanding Issue(s) for City Council: i. The Applicant requests Council approval of a “step” up in density from LDR to MDR for a proposed density of 3.6 units per acre. ii. Staff recommends a new condition is added requiring a pathway connection through Block 2 in the vicinity of Lots 7 & 8 to comply with block face standards & provide a pedestrian connection from the common area where the clubhouse is located to the pathway along the creek. Written Testimony since Commission Hearing: None Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2018-0115, as presented in the staff report for the hearing date of January 2, 2019: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2018-0115, as presented during the hearing on January 2, 2019, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2018-0115 to the hearing date of January 2, 2019 for the following reason(s): (You should state specific reason(s) for continuance.) Page 1 HEARING DATE: 1/2/2019 TO: Mayor & City Council FROM: Sonya Allen, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2018-0115 Warrick Subdivision LOCATION: 2445 E. Amity Rd. I. PROJECT DESCRIPTION Annexation & zoning of 36.22 acres of land with R-4 (19.94 acres) and R-8 (16.28 acres) zoning districts; and Preliminary Plat consisting of 130 building lots and 19 common lots on 36.22 acres of land. II. SUMMARY OF REPORT A. Project Summary STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Description Details Page Acreage 36.22 Future Land Use Designation LDR (low density residential – 3 or fewer units/acre) Proposed Future Land Use Designation Request for “step” up in density to MDR (medium density residential – 3 to 8 units/acre) without a change to FLUM Existing Land Use Rural residential/agricultural Proposed Land Use(s) SFR (Single-family residential) Current Zoning RUT in Ada County Proposed Zoning R-4 and R-8 Lots (# and type; bldg/common) 149 residential lots – 130 building/19 common Phasing plan (# of phases) 4 Number of Residential Units (type of units) 130 (SFR attached/detached) Density (gross & net) 3.59/5.7 Open Space (acres, total [%] / buffer / qualified) 5.72 (or 15.8%)/park, Ten Mile Creek with multi-use pathway, micro-path, arterial buffer Amenities Multi-use pathway, swimming pool, clubhouse, benches Physical Features (waterways, hazards, flood plain, hillside) Ten Mile Creek runs along east boundary Neighborhood meeting date; # of attendees: August 6, 2018; 3 + Applicant Meridian City Council Meeting Agenda January 2, 2019 – Page 474 of 576 Page 2 B. Community Metrics History (previous approvals) None Description Details Page Ada County Highway District  Staff report (yes/no) Yes  Requires ACHD Commission Action (yes/no) No Access (Arterial/Collectors/State Hwy/Local)(Existing and Proposed) One (1) access proposed via E. Amity Rd., an arterial street Traffic Level of Service Better than “E” (= acceptable) Stub Street/Interconnectivity/Cross Access Extension of E. Scrubpine St. from the west; stub streets proposed to the south and east for future extension Existing Road Network Public Existing Arterial Sidewalks / Buffers None Proposed Road Improvements Dedicate additional right-of-way (ROW) to total 48’ from centerline of Amity and widen Amity to 17’ from centerline Fire Service  Distance to Fire Station 2.2 miles to Fire Station #4  Fire Response Time 4 minutes (under ideal conditions)  Resource Reliability 79% (does not meet the targeted goal of 85% or greater)  Risk Identification 2 (resources would be adequate to supply service)  Accessibility Project meets all required road widths & turnarounds; limited to 30 building permits until a secondary access is completed.  Special/resource needs This project will not require an aerial device  Water Supply 1,000 gallons per minute for one hour is required Police Service  Distance to Police Station 3.5 miles  Police Response Time 4+/- minutes  Calls for Service 412 between 11/1/2017-10/31/18 (within 1 mile of site)  % of calls for service split by priority % of P3 CFS – 0.5% % of P2 CFS – 57.5% % of P1 CFS – 40.8% % of PO CFS – 1.2%  Accessibility No issues  Specialty/resource needs No additional staffing, equipment or other resources needed  Crimes 8  Crashes 0 West Ada School District  Distance (elem, ms, hs)  Capacity of Schools/# of students currently enrolled Hillsdale Elementary – 650 capacity (751 enrollment); Victory Middle School – 1000 capacity (928 enrollment); Mountain View High School – 1800 capacity (2303 enrollment) Wastewater  Distance to Sewer Services  Sewer Shed  Estimated Project Sewer ERU’s  WRRF Declining Balance  Project Consistent with Meridian City Council Meeting Agenda January 2, 2019 – Page 475 of 576 Page 3 C. Project Area Maps WW Master Plan/Facility Plan Water  Distance to Water Services  Pressure Zone  Estimated Project Water ERU’s  Water Quality  Project Consistent with Water Master Plan  Impacts/Concerns Future Land Use Map Aerial Map Zoning Map Planned Development Map Meridian City Council Meeting Agenda January 2, 2019 – Page 476 of 576 Page 4 III. APPLICANT INFORMATION A. Applicant: Schultz Development, PO Box 1115, Meridian, ID 83680 B. Owner: Paul Warrick, 2445 E. Amity Rd., Nampa, ID 83642 C. Representative: Matt Schultz, Schultz Development, PO Box 1115, Meridian, ID 83680 IV. PUBLIC HEARING NOTICE DATES Planning & Zoning City Council Legal notice published in newspaper 11/16/2018 Radius notice mailed to properties within 300 feet 11/13/2018 Nextdoor posting 11/13/2018 Public hearing notice sign posted on property 11/21/2018 V. STAFF ANALYSIS A. Future Land Use Map Designation (https://meridiancity.org/planning/files/CompPlan-180220-Web.pdf) The site is designated LDR (Low Density Residential), which allows for the development of single-family homes on large lots where urban services are provided. Uses may include single- family homes at gross densities of 3 dwelling units or less per acre. The Applicant requests a “step” up in density to MDR (Medium Density Residential) without an amendment to the Future Land Use Map (FLUM). The MDR designation allows smaller lots for residential purposes within City limits. Uses may include single-family homes at gross densities of 3 to 8 dwelling units per acre. The gross density of the proposed development is 3.6 units per acre. In residential areas, the Comprehensive Plan provides for other densities to be considered without requiring an amendment to the FLUM; however, the density can only be changed one “step” (i.e. from low to medium, not low to high). The gross density of the proposed development is 3.6 units per acre which is only 0.6 unit per acre more than allowed in the LDR designation. Staff is amenable to the request as it’s only a slight increase. B. Comprehensive Plan Policies (https://meridiancity.org/planning/files/CompPlan-180220-Web.pdf)  “Restrict private curb cuts and access points on collectors and arterial streets.” (3.06.02D)  “Provide for a wide diversity of housing types (single-family and multi-family arrangements) and choices between ownership and rental dwelling units for all income groups in a variety of locations suitable for residential development.” (3.07.03B)  “Develop pathways to connect Meridian with Boise, Nampa, Kuna and Eagle.” (6.01.02C)  “Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system.” (3.03.03C) Meridian City Council Meeting Agenda January 2, 2019 – Page 477 of 576 Page 5  “Limit canal tiling and piping of ditches, creeks and drains where public safety issues are not of concern.” (5.01.01D)  “Improve and protect creeks (Five Mile, Eight Mile, Nine Mile, Ten Mile, South Slough, and Jackson and Evans drainages) throughout commercial, industrial and residential areas.” (5.01.01E)  “Evaluate the need for new residential development to provide permanent perimeter fencing, and fencing to contain construction debris on site and prevent windblown debris from entering adjacent agricultural and other properties.” (3.05.02G)  “Require appropriate landscaping and buffers along transportation corridor (setback, vegetation, low walls, berms, etc.).” (3.06.02G)  “Require new residential development to meet development standards regarding landscaping, signage, fences and walls, etc.” (3.05.02C)  “Require usable open space to be incorporated into new residential subdivision plats.” (3.07.02A)  “Incorporate creek corridors as an amenity in development design.” (5.09.01E) C. Annexation Area: The proposed annexation area is contiguous to City annexed property to the west, south and north and is within the Area of City Impact Boundary. A legal description for the annexation area is included in Section VII.A. D. Existing Structures/Site Improvements: There is one (1) existing home and several accessory structures on this site that will be removed. E. Proposed Use: The applicant proposes to construct (24) single-family attached dwellings ranging in size from 1,350 to 1,550 square feet on the perimeter of the park and along Amity Rd.; and (106) single- family detached dwellings ranging in size from 1,350 to 4,000 square feet. Single-family attached dwellings are listed as a principal permitted use in the R-4 zoning district; and single-family detached dwellings are listed as a principal permitted use in the R-4 and R-8 zoning districts per UDC Table 11-2A-2. The proposed attached and detached homes will provide diversity in housing types as desired in the Comprehensive Plan. F. Dimensional Standards (UDC 11-2): The preliminary plat and future development is required to comply with the dimensional standards listed in UDC Tables 11-2A-5 for the R-4 district; and 11-2A-6 for the R-8 district. The proposed lots comply with the dimensional standards of the applicable district, except for the street frontage of Lot 25, Block 4 which should be revised to reflect a minimum 30 foot frontage unless access is to be provided via the common driveway in which case the minimum frontage standard doesn’t apply. Future structures should comply with the minimum setbacks of the district. Lots for attached homes should depict zero lot lines (setbacks) on the interior/shared property line on the preliminary plat. G. Transportation: Per the ACHD report, Amity Rd. is planned to be widened to 5 lanes between Locust Grove Rd. and Eagle Rd. between 2022 and 2026. The proposed development is estimated to generate 1,227 Meridian City Council Meeting Agenda January 2, 2019 – Page 478 of 576 Page 6 vehicle trips per day; 129 per hour in the PM peak hour, based on the Traffic Impact Study which will function at better than “E” which is an acceptable level of service. A westbound center turn lane is required to be constructed on Amity Rd. at the site access (Fonthill Way). Additional right-of-way is required to be dedicated to total 48 feet from centerline of Amity Rd. and widen the pavement to 17 feet from centerline with a 3-foot wide gravel shoulder abutting the site. Zeller St., which stubs at the east boundary, is required by ACHD to be relocated approximately 375 feet to the south between Lots 11 and 12, Block 7. H. Access (UDC 11-3A-3): One access is proposed via E. Amity Rd., an arterial street; a stub street (i.e. E. Scrubpine St.) at the west boundary is proposed to be extended; and stub streets are proposed to the south and east for future extension in accord with UDC standards. ACHD is requiring the Applicant to submit a road trust for ½ the projected cost of construction of a crossing over the Ten Mile Creek to be constructed when the adjacent property to the east develops. Local streets are proposed for circulation within the development. The proposed access is consistent with Comprehensive Plan action item #3.06.02D and UDC 11- 3A-3 which restricts access points on arterial streets; only one access is proposed via the arterial street (i.e. E. Amity Rd.). I. Common Driveways (UDC 11-6C-3) All common driveways are required to comply with the standards listed in UDC 11-6C-3D. Two common driveways are proposed that comply with UDC standards. An exhibit is required to be submitted with the final plat application that depicts the setbacks, fencing, building envelope and orientation of the lots and structures. Driveways for abutting properties that aren’t taking access from the common driveway(s) should be depicted on the opposite side of the shared property line away from the common driveway. Solid fencing adjacent to common driveways is prohibited unless separated by a minimum 5-foot wide landscaped buffer. A perpetual ingress/egress easement for the common driveway(s) is required to 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. A copy of the easement should be submitted to the Planning Division prior to signature on the final plat. J. Parking (UDC 11-3C): Off-street parking is required to be provided for single-family dwellings based on the number of bedrooms per unit (i.e. 2, 3 and 4 bedroom units require 4 per dwelling unit with at least 2 in an enclosed garage, other spaces may be enclosed or a minimum 10’ x 20’ parking pad) in accord with the standards listed in UDC Table 11-3C-6. Two- and three-car garages are proposed with parking pads in front of the garages in accord with UDC standards. K. Pathways (UDC 11-3A-8): Micro-paths between building lots and pathways through the large common area are proposed within the development; and a segment of the City’s multi-use pathway system is proposed along the east boundary of the site adjacent to the Ten Mile Creek. A 14-foot wide public pedestrian easement is required to be submitted to the Planning Division for the multi-use pathway along the Ten Mile Creek; coordinate the details of the easement with Kim Warren, Park’s Department. The proposed pathways/sidewalks provide connections to adjacent cities and developments in accord with the Comprehensive Plan and the UDC. Meridian City Council Meeting Agenda January 2, 2019 – Page 479 of 576 Page 7 L. Sidewalks (UDC 11-3A-17): Detached sidewalks are proposed along E. Amity Rd. and throughout most of the development with only a few segments of attached sidewalks, in accord with UDC standards. M. Parkways (UDC 11-3A-17): Eight-foot wide parkways are proposed throughout most of the development landscaped with Class II trees; parkways are provided to accommodate the required mitigation trees and are not otherwise required. N. Landscaping (UDC 11-3B): A 25-foot wide street buffer is required along E. Amity Rd. as set forth in UDC Table 11-2A-6, landscaped per the standards listed in UDC 11-3B-7C. A 50-foot wide buffer with a 20-foot wide berm is proposed, landscaped in accord with UDC standards and the Comprehensive Plan. Parkways along local streets within the development are proposed consistent with the standards listed in UDC 11-3B-7C. Common open space areas are required to be landscaped in accord with the standards listed in UDC 11-3G-3E as proposed. Landscaping along pathways is required in accord with the standards listed in UDC 11-3B-12C as proposed. Mitigation is required for all existing healthy trees 4” caliper or greater that are removed from the site with equal replacement of the total calipers lost on site up to an amount of 100% replacement in accord with UDC 11-3B-10C.5. A total of 130 caliper inches of trees are proposed to be removed from the site that requires mitigation. Mitigation calculations are included on the landscape plan in accord with UDC standards; mitigation trees are proposed to be provided within parkways along local streets within the development. O. Qualified Open Space (UDC 11-3G): Based on 36.22 acres of land included in the preliminary plat, a minimum of 10% (or 3.62 acres) qualified open space is required; a total of 5.46 acres (or 15%) is proposed consisting of a 2.5 acre park; common area containing pathways; half the street buffer along E. Amity Rd., an arterial street; a 50’ x 100’ (+) common area; and common area with a pond, which exceeds the minimum standards and complies with the Comprehensive Plan. Parkways with detached sidewalks are also proposed within the development to accommodate mitigation trees which adds to the open space beyond what is proposed and depicted on the qualified open space exhibit in Section VII.D. P. Qualified Site Amenities (UDC 11-3G): Based on 36.22 acres of land included in the preliminary plat, a minimum of (2) qualified site amenities are required to be provided. Proposed amenities consist of the following: pedestrian pathways throughout the development and a segment of the City’s multi-use pathway along the Ten Mile Creek corridor, a community swimming pool, clubhouse, a sitting area and additional qualified open space (20,000+ s.f.) above the minimum required from the quality of life, recreation and pedestrian or bicycle circulation system categories. The proposed amenities exceed the minimum required by the UDC and are consistent with the Comprehensive Plan; however, staff recommends children’s play equipment is also provided within the development. A detail of the play equipment should be submitted with the final plat application. A Certificate of Zoning Compliance and Design Review application is required to be submitted for the clubhouse and swimming pool. Meridian City Council Meeting Agenda January 2, 2019 – Page 480 of 576 Page 8 Q. Waterways (UDC 11-3A-6): The Ten Mile Creek runs along the east boundary of this site. As a natural waterway, it’s required to remain open as a natural amenity and should not be piped or otherwise covered and should be improved and protected with development in accord with the Comprehensive Plan and UDC 11- 3A-6. The Beasley Lateral also crosses this site and is proposed to either be relocated, meander north and west through the site, or diverted completely to the southeast corner pond and the creek; the Applicant is unsure at this time. R. Fencing (UDC 11-3A-6, 11-3A-7): Fencing is proposed within the development as depicted on the landscape plan. Six-foot tall closed vision fencing is proposed at the rear of building lots adjacent to common areas that are entirely visible from streets; and 6-foot tall open vision fencing is proposed adjacent to common areas and pathways that are not entirely visible from streets. There is existing vinyl fencing along the west boundary of the site installed with Whitebark Subdivision; and fencing will be installed along the southern boundary with the adjacent Southern Highlands/Sky Mesa developments. No fencing is proposed between the multi-use pathway and the Ten Mile Creek. The UDC (11-3A-6) states that fencing along natural waterways (i.e. the Ten Mile Creek) shall not prevent access to the waterway; in limited circumstances and in the interest of public safety, larger open water systems may require fencing as determined by the City Council, Director and/or Public Works Director. Council should determine if a fence is necessary along the creek to preserve public safety. S. Irrigation Easements: Irrigation easements wider than10 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 modified by City Council at a public hearing with notice to surrounding property owners as set forth in UDC 11-3A-6D; if applicable, compliance is required. T. Open Water Ponds (11-3G-3B.8) An irrigation pond is proposed on Lot 1, Block 7. All ponds with a permanent water level are required to have recirculated water and be maintained such that it doesn’t become a mosquito breeding ground. U. Storm Drainage (UDC 11-3A-18): An adequate storm drainage system is required in all developments in accord with the City’s adopted standards, specifications and ordinances. Design and construction shall follow best management practice as adopted by the City as set forth in UDC 11-3A-18. V. Floodplain A portion of this project lies within the Meridian Floodplain Overlay District. Prior to any development occurring in the Overlay District, a floodplain permit application, including hydraulic and hydrologic analysis is required to be completed and submitted to the City and approved by the Floodplain Administrator per MCC 10-6. W. Utilities (UDC 11-3A-21): Connection to City water and sewer services is proposed. Street lighting is required to be installed in accord with the City’s adopted standards, specifications and ordinances. See Section VIII-B Below for Public Works comments/conditions. Meridian City Council Meeting Agenda January 2, 2019 – Page 481 of 576 Page 9 Pressure irrigation will be provided by the New York Irrigation District via a new regional pump station for 80 acres in the southeast corner of the site. The Beasley Lateral is proposed to be routed from the north boundary at Sky Mesa to an aerated irrigation storage pond, pump station, and overflow to the Ten Mile Creek at that location per the Applicant’s narrative. X. Building Elevations (UDC 11-3A-19 | Architectural Standards Manual): Conceptual building elevations and photos were submitted for future attached and detached homes within the development, single-story and 2-stories in height, and the proposed clubhouse based on existing and proposed elevations from Berkeley Building Company included in Section VII.E. Building materials consist of a mix of materials varying from different types/styles of siding to stucco with stone veneer accents (see Exhibit F in Section VII.) The clubhouse and single-family attached dwellings are required to comply with the design standards in the Architectural Standards Manual per UDC 11-5B-8B; detached homes are exempt from this requirement. Because the rear and/or sides of 2-story homes will be highly visible from the arterial street (i.e. E. Amity Rd.), staff recommends articulation is incorporated 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. VI. DECISION A. Staff: The proposed development exceeds UDC standards for qualified open space and site amenities, proposes a desirable mix in housing types and is consistent with the Comprehensive Plan and UDC standards. Therefore, Staff recommends approval of the proposed AZ and PP applications with a “step” up in density as requested by the Applicant in accord with the Findings in Section IX. B. Commission: The Meridian Planning & Zoning Commission heard these items on December 6, 2018. At the public hearing, the Commission moved to recommend approval of the subject AZ and PP requests. a. Summary of Commission Public Hearing: i. In favor: Matt Schultz, Applicant’s Representative; Steven Stark ii. In opposition: None iii. Commenting: Kathy Stark iv. Written testimony: Matt Schultz v. Staff presenting application: Bill Parsons vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. Opinion that attached homes are not appropriate for this development; ii. Concern by the Stark’s pertaining to floodplain on their property resulting from changes to the site and an increase in the water level of the Ten Mile Creek; request for an off-site condition requiring the size of the culvert to be increased underneath the bike path to equal that of the culvert going underneath Amity. c. Key Issues of Discussion by Commission: i. The requirement for a children’s play structure to be provided within the development. Meridian City Council Meeting Agenda January 2, 2019 – Page 482 of 576 Page 10 d. Commission Change(s) to Staff Recommendation: i. The Commission removed the requirement for children’s play equipment to be provided within the development (see VIII, A.1d and A.5). e. Outstanding Issue(s) for City Council: i. The Applicant requests Council approval of a “step” up in density from LDR to MDR for a proposed density of 3.6 units per acre. Meridian City Council Meeting Agenda January 2, 2019 – Page 483 of 576 Page 11 VII. EXHIBITS A. Legal Description & Exhibit Map for Annexation and Zoning Boundary Meridian City Council Meeting Agenda January 2, 2019 – Page 484 of 576 Page 12 Meridian City Council Meeting Agenda January 2, 2019 – Page 485 of 576 Page 13 Meridian City Council Meeting Agenda January 2, 2019 – Page 486 of 576 Page 14 Meridian City Council Meeting Agenda January 2, 2019 – Page 487 of 576 Page 15 Meridian City Council Meeting Agenda January 2, 2019 – Page 488 of 576 Page 16 Meridian City Council Meeting Agenda January 2, 2019 – Page 489 of 576 Page 17 Meridian City Council Meeting Agenda January 2, 2019 – Page 490 of 576 Page 18 B. Preliminary Plat (dated: 10/2/2018) C. Landscape Plan (date: 10/3/2018) Meridian City Council Meeting Agenda January 2, 2019 – Page 491 of 576 Page 19 Meridian City Council Meeting Agenda January 2, 2019 – Page 492 of 576 Page 20 D. Qualified Open Space Exhibit (date: 10/24/2018) Meridian City Council Meeting Agenda January 2, 2019 – Page 493 of 576 Page 21 E. Conceptual Building Elevations Meridian City Council Meeting Agenda January 2, 2019 – Page 494 of 576 Page 22 Meridian City Council Meeting Agenda January 2, 2019 – Page 495 of 576 Page 23 Meridian City Council Meeting Agenda January 2, 2019 – Page 496 of 576 Page 24 Meridian City Council Meeting Agenda January 2, 2019 – Page 497 of 576 Page 25 Meridian City Council Meeting Agenda January 2, 2019 – Page 498 of 576 Page 26 Meridian City Council Meeting Agenda January 2, 2019 – Page 499 of 576 Page 27 VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. A Development Agreement (DA) is required as a provision of annexation of this property. Prior to approval of the annexation ordinance, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer. Currently, a fee of $303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six (6) months of the City Council granting the annexation. The DA shall, at minimum, incorporate the following provisions: a. Future development of this site shall be generally consistent with the preliminary plat, landscape plan and conceptual building elevations included in Section VII and the provisions contained herein. b. The Ten Mile Creek shall remain open as a natural amenity and not be piped or otherwise covered and shall be improved and protected with development. c. A minimum of 5.46 acres (or 15% of the site) of qualified open space shall be provided within the development consisting of a 2.5 acre park; common area containing pathways; half the street buffer along E. Amity Rd., an arterial street; a 50’ x 100’ (+) common area; and common area with a pond. d. At a minimum, site amenities shall be provided within the development consisting of pedestrian pathways throughout the subdivision and a segment of the City’s multi-use pathway along the Ten Mile Creek corridor, a community swimming pool, clubhouse, children’s play equipment, a sitting area and additional qualified open space (20,000+ s.f.) above the minimum required from the quality of life, recreation and pedestrian or bicycle circulation system categories. 2. The preliminary plat included in Section VII.B, shall be revised as follows: a. Lot 25, Block 4 shall have a minimum 30-foot wide street frontage unless access is to be provided via the common driveway. b. Relocate E. Zeller St. to the south approximately 375 feet as required by ACHD. c. Depict zero lot lines on the interior/shared lot lines where attached units are proposed. 3. The landscape plan included in Section VII.C shall be revised as follows: a. Relocate E. Zeller St. to the south approximately 375 feet as required by ACHD. 4. A 14-foot wide public pedestrian easement is required to be submitted to the Planning Division for the multi-use pathway along the Ten Mile Creek prior to City Engineer signature on the final plat for the phase in which it is located; coordinate the details of the easement with Kim Warren, Park’s Department. 5. A detail of the tot lot play equipment shall be submitted with the final plat application. Meridian City Council Meeting Agenda January 2, 2019 – Page 500 of 576 Page 28 6. For lots accessed by common driveways, an exhibit is required to be submitted with the final plat application that depicts the setbacks, fencing, building envelope and orientation of the lots and structures. Driveways for abutting properties that aren’t taking access from the common driveway(s) should be depicted on the opposite side of the shared property line away from the common driveway. Solid fencing adjacent to common driveways is prohibited unless separated by a minimum 5-foot wide landscaped buffer. 7. A perpetual ingress/egress easement is required to be filed with the Ada County Recorder for all common driveways, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. A copy of the easement should be submitted to the Planning Division prior to signature on the final plat. 8. An irrigation pond is proposed on Lot 1, Block 7. All ponds with a permanent water level are required to have recirculated water and be maintained such that it doesn’t become a mosquito breeding ground in accord with UDC 11-3G-3B.8. 9. All single-family attached dwellings are required to comply with the design standards in the Architectural Standards Manual per UDC 11-5B-8B; an application for Design Review is required to be submitted and approved for all single-family attached dwellings prior to application for building permits. 10. The rear and/or sides of 2-story homes on Lots 2-8, Block 1 and Lots 2-3, Block 2 that are visible from the arterial street (i.e. E. Amity Rd.) are required to 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 public street. Single-story structures are exempt from this requirement 11. A Certificate of Zoning Compliance and Design Review application is required to be submitted to the Planning Division and approved prior to application for building permits for the clubhouse and swimming pool. B. PUBLIC WORKS DEPARTMENT 1 Site Specific Conditions of Approval 1.1 A street light plan will need to be included in the final plat application. Street light plan requirements are listed in section 6-7 of the City's Design Standards. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272 1.2 As proposed, the water distribution network can supply 1,500 gpm flow at build-out. Each phase will need to be modeled individually at the time of platting. 1.3 Prior to any development occurring in the Overlay District, a floodplain permit application, including hydraulic and hydrologic analysis is required to be completed and submitted to the City and approved by the Floodplain Administrator per MCC 10-6. 2 General Conditions of Approval 2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. Meridian City Council Meeting Agenda January 2, 2019 – Page 501 of 576 Page 29 2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to development plan approval. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year- round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. Meridian City Council Meeting Agenda January 2, 2019 – Page 502 of 576 Page 30 2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.18 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.21 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. C. FIRE DEPARTMENT http://weblink.meridiancity.org/weblink8/0/doc/157339/Page1.aspx Meridian City Council Meeting Agenda January 2, 2019 – Page 503 of 576 Page 31 D. POLICE DEPARTMENT http://weblink.meridiancity.org/weblink8/0/doc/158583/Page1.aspx E. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO (COMPASS) http://weblink.meridiancity.org/weblink8/0/doc/158321/Page1.aspx F. BOISE PROJECT BOARD OF CONTROL http://weblink.meridiancity.org/weblink8/0/doc/157941/Page1.aspx G. CENTRAL DISTRICT HEALTH DEPARTMENT http://weblink.meridiancity.org/weblink8/0/doc/157492/Page1.aspx H. DEPARTMENT OF ENVIRONMENTAL QUALITY (DEQ) http://weblink.meridiancity.org/weblink8/0/doc/157866/Page1.aspx I. NAMPA & MERIDIAN IRRIGATION DISTRICT (NMID) http://weblink.meridiancity.org/weblink8/0/doc/157711/Page1.aspx J. WEST ADA SCHOOL DISTRICT (WASD) http://weblink.meridiancity.org/weblink8/0/doc/157975/Page1.aspx K. ADA COUNTY HIGHWAY DISTRICT (ACHD) http://weblink.meridiancity.org/weblink8/0/doc/158582/Page1.aspx Meridian City Council Meeting Agenda January 2, 2019 – Page 504 of 576 Page 32 IX. FINDINGS A. Annexation and/or Rezone (UDC 11-5B-3E) Required Findings: Upon recommendation from the commission, the council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The Applicant is proposing to annex the subject 36.22 acres of land with R -4 and R-8 zoning districts and to develop 130 new single-family residential homes. The Commission finds that the proposed map amendment complies with the provisions of the Comprehensive Plan if a “step” up in density is approved by the City Council as requested by the Applicant. (see section VII above for more information). 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Commission finds that the proposed map amendment to the R-4 and R-8 zoning districts is consistent with the purpose statement for the residential districts as detailed in Section VIII above. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Commission finds that the proposed zoning map amendment will not be detrimental to the public health, safety, or welfare. City utilities will be extended at the expense of the applicant. The Commission recommends that the Council consider any oral or written testimony that may be provided when determining this finding. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including, but not limited to, school districts; and The Commission finds that the proposed zoning amendment will not result in the adverse impact upon the delivery of services by any political subdivision providing public services within the City. 5. The annexation (as applicable) is in the best interest of city. The Commission finds that the annexation of the site is in the best interest of the City. B. Preliminary Plat (UDC 11-6B-6) In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision making body shall make the following findings: (Ord. 05-1170, 8-30-2005, eff. 9-15- 2005) 1. The plat is in conformance with the comprehensive plan and is consistent with this unified development code; (Ord. 08-1372, 7-8-2008, eff. 7-8-2008) The Commission finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use, transportation, and circulation. Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more information. Meridian City Council Meeting Agenda January 2, 2019 – Page 505 of 576 Page 33 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The Commission finds that public services will be provided to the subject property upon development. (See Exhibit B of the Staff Report for more details from public service providers.) 3. The plat is in conformance with scheduled public improvements in accord with the city's capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, the Commission finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; The Commission recommends the Council rely upon comments from the public service providers (i.e., Police, Fire, ACHD, etc.) to determine this finding. (See Exhibit B for more detail.) 5. The development will not be detrimental to the public health, safety or general welfare; and The Commission is not aware of any health, safety, or environmental problems associated with the platting of this property that should be brought to the Council’s attention. ACHD considers road safety issues in their analysis. The Commission recommends that the Council consider any public testimony that may be presented when determining whether or not the proposed subdivision may cause health, safety or environmental problems of which the Commission is unaware. 6. The development preserves significant natural, scenic or historic features. (Ord. 05- 1170, 8-30-2005, eff. 9-15-2005) The Commission is unaware of any significant natural, scenic or historic features that need to be preserved with this development. Meridian City Council Meeting Agenda January 2, 2019 – Page 506 of 576 City Council Meeting Agenda January 2, 2019 Agenda Item Number: 9 C Project File Number: H-2018-0091 Item Title: Public Hearing for Rockbury Townhomes By Michael Nigh, Located North of W. Chinden Blvd. on the West side of N. Tree Farm Way. Request: 1. Preliminary Plat consisting of 47 residential lots and 8 common lots on 6.23 acres of land in an R-15 zoning district. Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 9.C. Presenter: Estimated Time f or P resentation: Title of I tem - Public Hearing for Rockbury Townhomes (H-2018-0091) by M ichael Nigh, L ocated North of W. Chinden Blvd. on the West side on N. T ree F ar m Way C lic k Here for Applic ation Materials C lic k Here to S ign Up to Tes tify at Hearing C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate S taff Report S taff Report 12/27/2018 Minutes from Planning and Z oning Commission Minutes 12/10/2018 Minutes from C ity C ouncil 11-27-18 Minutes 12/10/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.Coles, C.J ay Approved 12/27/2018 - 3:27 P M Meridian City Council Meeting Agenda January 2, 2019 – Page 523 of 576 City of Meridian - Public Hearing Sign In Form Tools Details and Signatures For Public Hearing Hearing Date: 1/2/2019 Hearing Type: Council Item Number: 9C Project Name: Rockbury Townhomes Project No.: H-2018-0091 Active: ❑ Page 1 of 1 Signature I Wish To Sign In Address City -State -Zip For Against Neutral Name Testify Date/Time 6628 N. Meridian, ID 1/2/2019 Jane Albert X Salvia Way 83646 3:02:32 PM Go Back To List Export To Excel © 2019 - City of Meridian, Idaho http://internalapps/SIGNINFORMTOOLS/SignInFormDetails?id=140 1/4/2019 Item #9C: Rockbury Townhomes (H-2018-0091) Application(s): Preliminary Plat and Private Street Size of property, existing zoning, and location: This site consists of 5.83 acres of land, zoned R-15, located at 4373 W. Tree Crest Drive. History: The property was annexed into the City in 2006 as Tree Farm Subdivision. In 2017, the property received preliminary plat and final plat approval. The recorded DA for the property allows the townhome use to development on the subject property. Comprehensive Plan FLUM Designation: MDR Summary of Request: The applicant proposes to develop the site with 47 single-family residential lots and 8 common lots on approximately 5.83 acres of land in the R-15 district. The gross density of the proposed plat is 8 d.u. per acre which falls within the target density of the MDR designation. Minimum property size is 2,603 square feet with an average lot size of 3,527 square feet. All of the proposed lots comply with the dimensional standards of the UDC. Access: Vehicular access is proposed for this site via one access to N. Tree Farm Way to the east and an emergency access to the north (W. Tree Crest Drive). Internal circulation is provided via a gated private street. The proposed internal streets will serve as vehicle and pedestrian access into the development. The private streets are to be constructed as a combination of 25 and 27-foot street sections. The applicant is proposing to share the private street with pedestrians and vehicles. Pedestrian use areas along the privates are being demarcated by the use of permeable pavers. Typically private streets are not intended for single-family developments. In discussions with ACHD and with City staff, it was determined by both parties that a public street for the development would only serve “no public benefit”. Open Space and Site Amenities: A minimum of 10% qualified open space and one amenity is required to be provided for this development in accord with UDC 11-3G. The applicant is proposing a minimum of 0.62 acres of qualified open space/11% (water feature/plaza, street buffers and 50’ x100’ open grassy area) and the main site amenity is a clubhouse. Building Elevations: The applicant is proposing to construct single-family attached dwelling and townhomes. The applicant has submitted conceptual sample building elevations for future homes in this development. Building materials appear to consist of a mix of variety of wood siding with architectural shingles. Design review is required for all attached and townhome units prior to submitting for building permits. Commission Recommendation: Approval Summary of Commission Public Hearing: i. In favor: Michael Nigh and Pete Rockwell ii. In opposition: None iii. Commenting: Jane Albert, Susan Karnes and Shelley Lupher iv. Written testimony: None v. Key Issue(s): a. Discrepancy between the proposed elevations. b. Lack of aTIS. c. Quality of the design. Key Issue(s) of Discussion by Commission: i. Guest parking for the development; ii. Minimal setbacks between the structures. Commission Change(s) to Staff Recommendation: i. Commission required the applicant to provide a minimum of 10 guest parking stalls within the proposed development. Outstanding Issue(s) for City Council: None Written Testimony since Commission Hearing: None Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2018-0091, as presented in the staff report for the hearing date of January 2, 2019: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2018-0091, as presented during the hearing on January 2, 2019, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2018-0091 to the hearing date of ………for the following reason(s): (You should state specific reason(s) for continuance.) STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT DATE: November 27, 2018 TO: Mayor & City Council FROM: Josh Beach, Associate Planner 208-884-5533 SUBJECT: H-2018-0091 Rockbury Townhomes Subdivision PROPERTY LOCATION: The site is located near the northwest corner of W. Chinden Blvd and N. Tree Farm Way. I = 731a11[tl181DC14171911117121 CJf1E IDIAN,_- -- Preliminary plat (PP) consisting of forty-seven (47) residential buildable lots and eight (8) common lots on 6.23 acres of land in the R-15 zoning district. II. SUMMARY OF REPORT The Meridian Planning & Zoning Commission heard these items on October 18'h, 2018. At the public hearing, the Commission moved to recommend approval of the subject preliminary plat request. a. Summary of Commission Public Hearing: i. In favor: Michael Nigh, Pete Rockwell, ii. In opposition: None iii. Commenting: Jane Albert, Susan Karnes, Shelley Lupher iv. Written testimony: None v. Staff presenting application: Josh Beach vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: L. Discrepancy between he proposed elevation provided. ii. Why a traffic study was not required. iii. Lack of quality design c. Key Issues of Discussion by Commission: L Lack of parking ii. Small setbacks between buildings d. Commission Changes) to Staff Recommendation: L Add condition 1.1.10 to read as follows "At least ten days prior to the City Council hearing, the applicant shall provide a revised site plan showing ten off-street parking spaces within the development." e. Outstanding Issue(s) for City Council: Page 1 Meridian City Council Meeting Agenda January 2, 2019 – Page 524 of 576 i. None A. Project Summary Acreage Future Land Use Designation Existing Land Use Proposed Land Use(s) Current Zoning Proposed Zoning Lots (# and type; bldg/common) Density (gross & net) Open Space Amenities Physical Features (waterways, hazards, flood plain, hillside) History (previous approvals) Details 6.23 MDR Medium Density Residential (3-8 DU/Acre) Vacant Attached single-family R-15 R-15 47 single-family buildable and 8 common lots 5.8 Gross/12.4 Net 0.66 acres, at 11% 50X100 grassy area, plaza and water feature None Annexed in 2006 as Tree Farm Annexation (AZ -06-004), Preliminary Plat in 2017 as Rockbury Subdivision (H-2018- 0018) Page 2 Page Meridian City Council Meeting Agenda January 2, 2019 – Page 525 of 576 B. Community Metrics Details Page ACHD report (yes/no) No report as of print deadline Requires ACHD Unknown Commission Action yes/no) Access (Arterial/Collectors/State One (1) access to the east (Tree Haven Way), One (1) Hwy/Local)(Existing and Proposed) emergency access to the north (Tree Crest Way) Traffic Level of Service Distance to Fire Station Not provided Fire response time 5 minutes Resource reliability 77% Risk identification 1 Accessibility Meets requirements, however no overflow parking is provided. Specialty/resource needs Meets requirement Water supply 1000 gallons per minute Distance to Police Station 8 miles Police response time 8 minutes Calls for service 74 calls within 1 mile of the site of calls for service split P3-1.4%, P-2 58.8%, P1-40.5%, PO -1.4% by priority Accessibility Accessibility is not an issue Specialty/resource needs None Crimes 15 Crashes 10 Page 3 Meridian City Council Meeting Agenda January 2, 2019 – Page 526 of 576 C. Project Area Maps Future Land Use Map Aerial Map Zoning Map Planned Development Map III. APPLICANT INFORMATION A. Applicant/Owner: Michael Nigh 904 Madrid Avenue Torrance, CA 90501 B. Representative: Jon Breckon, Breckon Land Design 6661 N. Glenwood Street Boise, ID 83714 Page 4 Meridian City Council Meeting Agenda January 2, 2019 – Page 527 of 576 IV. NOTICING A. Newspaper notification published on: September 28, 2018 B. Radius notice mailed to properties within 300 feet on: September 21, 2018 C. Applicant posted notice on site on: October 8, 2018 D. Next door posting: September 25, 2018 E. Neighbor meeting date and number of attendees: June 14, 2018 with 24 residents plus the applicant being present. V. STAFF ANALYSIS This property is designated Medium Density Residential (MDR) on the Comprehensive Plan Future Land Use Map (FLUM). The MDR designation allows smaller lots for residential purposes within City limits. Uses may include single-family homes at densities of 3 to 8 dwelling units (d.u.) per acre. The applicant proposes to develop the site with 47 single-family residential lots and 8 common lots. The gross density of the proposed plat is 5.8 d.u. per acre with a net density of 12.4 d.u. per acre, which falls within the target density of the MDR designation. The gross density for the subdivision is 5.8 d.u./acre. Staff is of the opinion that the proposed density is appropriate for the area and compatible with adjacent uses and zoning. All adjacent residential uses are zoned R-8, R-4 and R-15, and this project would be consistent not only with the surrounding neighborhoods, but also with the comprehensive plan designation. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): 1. "Provide for a wide diversity of housing types (single-family, modular, mobile homes and multi- family arrangements) and choices between ownership and rental dwelling units for all income groups in a variety of locations suitable for residential development." (3.07.03B) 2. "Require usable open space to be incorporated into new residential subdivision plats." (3.07.02A) 3. "Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity." (3.07.02C) 4. "Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (3.01.01F) 5. "Provide housing options close to employment and shopping centers." (3.07.02D) 6. "Encourage infill development." (3.04.02B) Dimensional Standards: Development of this site is required to comply with the dimensional standards listed in UDC 11-2A-7 for the R-15 district. The average lot size is 3,527 square feet. All of the proposed lots comply with the dimensional standards of the UDC. Staff has reviewed the proposed plat and found it to be in compliance with the R-15 dimensional standards. Access: Vehicular access is proposed for this site via one access to N. Tree Farm Way to the east and an emergency access to the north (W. Tree Crest Drive). Streets: The applicant is proposing to construct a private street to provide access and circulation within this development. The UDC requires private streets to be constructed within an easement and have a travel lane width of 24' or 26' with no allowed parking as determined by the Fire Marshal. The proposed private streets are all internal to the development and are to be constructed as a combination of 25 and 27 -foot street sections. The applicant is proposing to share the private street with pedestrians and vehicles. Staff has Page 5 Meridian City Council Meeting Agenda January 2, 2019 – Page 528 of 576 concerns about the shared nature of the roadway and recommends that the applicant provide a 4 -foot sidewalk along one side of the private street to accommodate pedestrian travel. Typically private streets are not intended for single-family developments. In this case the applicant had multiple discussions with ACHD and with City staff and determined that a public street for the development would only serve the residents of this subdivision and ACHD determined that there was "No public benefit" in constructing public streets for this project. This determination from ACHD led the applicant to design a private street as part of their project. The applicant has submitted a Private Street application as required by UDC 11-3F-3. With the requirement that a 4 -foot sidewalk be constructed on one side of the sidewalk, staff is supportive of the applicants request and has conditioned as such in section VIII. Gates: The applicant is proposing to install a gate to restrict vehicular movement to the private street to those who live within that area of the development. UDC 11-3F-4 allows gates to be installed, subject to the following standards: a. The proposed development shall be for residential uses. b. The proposed development shall have no more than fifty (50) dwelling units. c. The proposed development shall not restrict pedestrian and bicycle access along the private street. The proposed development shall provide unrestricted access to pedestrians and bicycles at a minimum of two (2) additional points within the proposed development. d. The proposed development shall not restrict access to existing or planned multiuse pathways as shown in chapter 3 of the Meridian pathways master plan. e. The applicant shall provide access to the gate for emergency vehicles as determined and approved by the Meridian fire department and public works department. f. To allow sufficient stacking distance, the gate shall be located a minimum of fifty feet (50') back from the ultimate edge of right of way to the connecting public street. Parking: The widths of the proposed private streets and the layout of the proposed subdivision only allows for limited parking in the subdivision. Per the fire department, the private street shall be marked as "No Parking, Fire Lane", this severely limits the ability of any guests for the owners. In order to accommodate additional parking within the development, the applicant should provide guest parking within the development but shall maintain the required open space. Sidewalks: Sidewalks are not required along private streets, however the applicant is proposing to construct a 5 foot shared bicycle/pedestrian/drive aisle throughout the development. A detached sidewalk exists along N. Tree Haven Way and W. Tree Crest Drive Fencing: Any existing and proposed fencing for the development shall be included on either a site plan or landscape plan and shall comply with the standards listed in UDC 11 -3A -6B and 11-3A-7. Fencing is required adjacent to all common lots. The applicant will need to revise the landscape plan to show the required fencing. Open Space: A minimum of 10% qualified open space is required to be provided for this development in accord with UDC 11 -3G -3A.1. Based on the area of the preliminary plat (6.23 acres), a minimum of 0.62 acres of qualified open space are required to be provided as set forth in UDC 11 -3A -3B and Comp. Plan policy 3.07.02A. The applicant has proposed 11% open space for the development, or 0.66 acres of land. Site Amenities: All developments consisting of five acres of more are required to provide a minimum of one site amenity; one additional site amenity is required for each additional 20 acres per UDC 11 -3G -3A.2, in accord with the standards listed in UDC 11 -3G -3C. Based on the area of the preliminary plat (6.23 acres), a minimum of 1 qualified site amenity is required to be provided. The applicant proposes to provide a 50X100 grassy area, a plaza and a water feature as amenities Page 6 Meridian City Council Meeting Agenda January 2, 2019 – Page 529 of 576 for the subdivision. With the number of proposed lots within the development, staff is of the opinion that the applicant should provide a more useable amenity within the central open space area. Pressurized Irrigation (PI): An underground PI system is required to be provided to each lot in the subdivision as proposed in accord with UDC 11-3A-15. Building Elevations: The applicant is proposing to construct single-family detached homes. The applicant has submitted conceptual sample building elevations for future homes in this development, included in section VII. Building materials appear to consist of a mix of variety of wood siding with architectural shingles. Certificate of Zoning Compliance (CZC): The applicant will be required to submit a certificate of zoning compliance application for the required parking lot. The parking lot will be required to comply with any applicable UDC provisions as part of the approval. Administrative Design Review (DES): Any attached single-family homes will be required to receive administrative design review approval prior to obtaining a building permit. Page 7 Meridian City Council Meeting Agenda January 2, 2019 – Page 530 of 576 VI. DECISION Commission finds that the subject preliminary plat exceeds the minimum requirements of the UDC and recommends approval of the proposed preliminary plat application in accord with the Findings in Section IX per the provisions in Section VIII. Page 8 Meridian City Council Meeting Agenda January 2, 2019 – Page 531 of 576 VII. EXHIBITS 1. Proposed Preliminary Plat (dated: 9/1/2018) ROCKBURY NORTH— SUBDIVISION nsecuinTx iz 0134TT,xoArrv. rz'.wcE E xacx®oisye mw,'crx ate MERIDIAN. ADA COUNTY. IDAHO ZDIB Page 9 A't.. rov xsrwvAx Meridian City Council Meeting Agenda January 2, 2019 – Page 532 of 576 2. Proposed Landscape Plan (dated: 4/3/2018) D ROCKBURY CHURCH SITE Page 10 771. z Ce 4H 771. Meridian City Council Meeting Agenda January 2, 2019 – Page 533 of 576 3. Conceptual Building Elevations F DCCD FRONT PERSPECTIVE I m DCCD REAR PERSPECTIVE DCCD SIDE PERSPECTIVE AABS FRONT PERSPECTIVE r1 - r1 AABB REAR PERSPECTIVE AABB SIDE PERSPECTIVE AABB SIDE PERSF AERIAL PERSPECTIVE I FRONT _ PERSPECTIVE FRONT H PERSPECTIVE I k. REAR PERSPECTIVE REAR PERSPECTIVE Page 11 CONCEPT @EAS CONCEPT IDEAS CONCEPT IDEAS A-2.1 Meridian City Council Meeting Agenda January 2, 2019 – Page 534 of 576 4. Legal Description and Exhibit Map 4r J -U -B J•u•B ENGINEERS, INC. J -u -B COMPANIES Rockbury North Parcels Boundary Description Project Number 10-17-083 October 4, 7017 WE CATMAY GROUP 0 1 INC. Two parcels of land situated in the southeast quarter of the southwest quarter of Section 22, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, and being more particularly described as follows: Parcel 1 Commencing at the southeast corner of the southwest quarter of Section 22, Township 4 North, Range 1 West, Boise Meridian, from which the southwest corner of Section 22 bears N89°17'18"W, 2647.24 feet; Thence N89°17'3.8"W, 1323.62 feet along the south line of the southeast quarter of the southwest quarter to the southwest corner of the southeast quarter of the southwest quarter; Thence N00`30'49"E, 860.31 feet along the west line of the southeast quarter of the southwest quarter to the southwest corner of Spurwing Grove Subdivision No. 6 (Book 105 of Plats at Pages 14500 through 14502, records of Ada County, Idaho), the POINT OF BEGINNING. Thence 193.38 feet on a non -tangent curve to the left, concave northerly, having a radius of 485.54 feet, a central angle cf 22'49'11", a chord bearing of N72°02`37"E, and a chord length of 192.11 feet, along the boundary of Spurwing Grove Subdivision No. 6; Thence N60'39'46"E, 608.61 feet along the boundary of Spurwing Grove Subdivision No. 6 to the northerly right-of-way line of W. Tree Crest Dr.; Thence 22.41 feet on a non -tangent curve to the right, concave northwesterly, having a radius of 15.00 feet, a central angle of 85'35'26", a chord bearing of S23°13'16"W, and a chord length of 20.38 feet, along the northerly right-of-way line of W. Tree Crest Dr.; Thence 126.00 feet on a reverse curve to the left, having a radius of 538.05 feet, a central angle of 13°25'01", a chord bearing of SS9`18118"W, and a chord length of 125.71 feet, along the northerly right-of-way line of W. Tree Crest Dr.; Thence 65.87 feet on a reverse curve to the right, having a radius of 468.00 feet, a central angle of 08°03'52", a chord bearing of S56°37'44"W, and a chord length of 65.82 feet, along the northerly right-of-way line of W. Tree Crest Dr.; Thence S60°39'40"W, 473.31 feet along the northerly right-of-way line of W. Tree Crest Dr.; Thence 142.61 feet on a curve to the right, having a radius of 768.00 4 feet, a central angle of 10°38'20", a chord bearing of S65°58'50"W, and 4T Ol 1 Page 1 of 3 a 250 S. Beechwood Avenue, Suite 201, Boise, ID 83709 p 208-376-7338 f 268-323.9336 "I wvaw,juh.cIIrn Page 12 Meridian City Council Meeting Agenda January 2, 2019 – Page 535 of 576 THE GATLWArJ-MU-BAPPINGCDMPANIES CROUP RDC.PING J•U•S ENGINEERS, INC. North Parcels continued... a chord length of 142.40 feet along the northerly right-of-way line of W. Tree Crest Dr. to the west line of the southeast quarter of the southwest quarter; Thence No0°30'49"E, 51.57 feet along the west line of the southeast quarter of the southwest quarter to the POINT OF BEGINNING. The above-described parcel 1 contains 0.40 acres, more or less. Parcel 2 Commencing at the southeast corner of the southwest quarter of Section 22, Township 4 North, Range 1 West, Boise Meridian, from which the southwest corner of Section 22 bears N89`17'18"W, 2647.24 feet; Thence N89°17'18"W, 1323.62 feet along the south line of the southeast quarter of the southwest quarter to the southwest corner of the southeast quarter of the southwest quarter; Thence N00`30'49"E, 741.27 feet along the west line of the southeast quarter of the southwest quarter to the southerly right-of-way Iine of W. Tree Crest Dr.; Thence 42.35 feet on a non -tangent curve to the left, concave northwesterly, having a radius of 832,00 feet, a central angle of 2"54'58", a chord bearing of 1\171'2216"E, and a chord length of 42.34 feet, along the southerly right-of-way line of W. Tree Crest Dr. to the POINT 0FBEGIN NING: Thence continuing 134.35 feet on a non -tangent curve to the left, concave northwesterly, having a radius of 832.00 feet, a central angle of 09°15107", a chord bearing of N65"7.7'13"F, and a chord length of 134.20 feet, along the southerly right-of-way line of W. Tree Crest Dr., Thence N60°39'40"E, 473.31 feet along the southerly right-of-way line of W. Tree Crest Dr.; Thence 74.88 feet on a curve to the left, having a radius of 532.0 feet, a central angle of 08°03'52", a chord bearing of NS6"37'44"E, and a chord length of 74.82 feet, along the southerly right-of-way line of W. Tree Crest Dr.; Thence 103.53 feet on a reverse curve to the right, having a radius of 474.05 feet, a central angle of 12°30'46", a chord Bearing of N58"51'11"E, and a chord length of 1+03,32 feet, along the southerly right-of-way cine of W. Tree Crest Dr.; Thence 24.95 feet on a compound curve to the right, having a radius of 15.00 feet, a central angle of 95°7.8'28", a chord bearing of S67'14'12" E, and a chord length of 22.17 feet, along the southerly right-of-way line of W. Tree Crest Dr. to the boundary of Jayker Subdivision (Book 101 of Plats at Pages 13341 through 13352, records of Ada County, Idaho); Page 2 of 3 a 250 S. Beechwood Avenue, Suite 201 Boise, In 83749 e 208-376-7330 f 2018-323-9336 w www: ub.com Page 13 Meridian City Council Meeting Agenda January 2, 2019 – Page 536 of 576 EWAY 9M IJU-BCOvPNIS KarMMO J•U•B ENGINEERS, INC. North Parcels continued,.. Thence 519°34'58"E, 66.34 feet along the boundary of Jaykers Subdivision; Thence 117.85 feet on a curve to the right, having a radius of 372.50 feet, a central angle of 18°07'37", a chord bearing of S10°31'09"E, and a chord length of 117.36 feet, along the boundary ofJaykers Subdivision; Thence S01"27'21"E, 152.26 feet along the boundary of Jaykers Subdivision; Thence 95.00 feet on a curve to the left, having a radius of 227.50 feet, a central angle of 23°55137", a chord bearing of S13°25`09"E, and a chord length of 94.32 feet, along the boundary of Jaykers Subdivision; Thence S44°23'21"W, 139.64 feet; Thence N89°25'45"W, 678.90 feet; Thence N0O°30'49"E, 140.84 feet to the POINT OF BEGINNING. The above-described parcel 2 contains 5.83 acres, more or less. Page 3 of 3 a 250 S. Beechwood Avenue Suite 201B015e ID 83709 208-376-7330j 208-323-9336 xv www.ub.earn Page 14 Meridian City Council Meeting Agenda January 2, 2019 – Page 537 of 576 VIII. CONDITIONS & MITIGATION MEASURES 1. PLANNING DEPARTMENT 1.1 Site Specific Conditions of Approval 1.1.1 Applicant shall meet all terms of the approved annexation (AZ -13-014, DA Instrument # 114007668). 1.1.2 The preliminary plat included in section VII, dated 7/25/2018, shall be revised as follows: a. The applicant shall provide a 4 -foot sidewalk along one side of the private streets within the development tin order to provide pedestrian access to the parcels and central open space. b. The proposed development shall provide unrestricted access to pedestrians and bicycles at a minimum of two (2) additional points within the proposed development. c. The applicant shall provide a more useable amenity within the central open space area in accord with UDC 11-3G-3. d. Prior to the Commission hearing the applicant shall provide a revised plan that shows guest parking within the development. The applicant shall maintain compliance with UDC 11-3G-3 in accord with open space requirements. 1.1.3 The landscape plan included in Exhibit A.3, dated 8/9/2018, shall be revised as follows: a. Fencing in compliance with UDC 11 -3A -6B and 11-3A-7 shall be located on all common lots. Prior to the Planning and Zoning Commission, the applicant shall revise the landscape plan to show the required fencing. 1.1.4 If there are any existing trees on the site that are to be removed, the applicant should contact Elroy Huff, City Arborist, at 888-3579 to schedule an appointment to confirm mitigation requirements prior to removal of any trees on the site. Any existing trees proposed to be retained on-site shall be noted on the landscape plan submitted with a final plat application. 1.1.5 Future development of this site shall be generally consistent with the preliminary plat and building elevations depicted in Exhibit A and the revisions noted in the staff report. 1.1.6 The applicant shall submit a certificate of zoning compliance application for the required parking lot. The parking lot will be required to comply with any applicable UDC provisions as part of the approval. 1.1.7 The applicant shall receive administrative design review approval for any attached single-family dwellings prior to obtaining a building permit. 1.1.8 Off-street parking is required on each residential lot in accord with the standards listed in UDC 11-3C-6. Parking is prohibited on all private streets in the development. Per ACHD and the Fire Department, signage should be installed accordingly. 1.1.9 The private streets shall comply with all standards set forth in UDC 11-3F-4. 1.1.10 At least ten days prior to the City Council hearing, the applicant shall provide a revised site plan showing ten off-street parking spaces within the development. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the R-8 zoning district listed in UDC Table 1I- 2 -A-5. 1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets. 1.2.3 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. Page 15 Meridian City Council Meeting Agenda January 2, 2019 – Page 538 of 576 1.2.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A-15, UDC 11-313-6 and MCC 9-1-28. 1.2.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.2.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11 -3B -5J. 1.2.7 Construct the required landscape buffers consistent with the standards as set forth in UDC 11 -3B -7C. 1.2.8 Construct storm water integration facilities that meet the standards as set forth in UDC 11 -3B -11C. 1.2.9 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to cul-de-sacs, driveways, common driveways, easements, blocks, street buffers, and mailbox placement. 1.3 Ongoing Conditions of Approval 1.3.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-313-6 and to install and maintain all landscaping as set forth in UDC 1I - 3B -5, UDC 11-3B-13 and UDC 11-313-14. 1.3.2 All common open space and site amenities shall be maintained by an owner's association as set forth in UDC 11 -3G -3F1. 1.3.3 The project is subject to all current City of Meridian ordinances. 1.3.4 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 1.3.6 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 1.3.7 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11-3A-3. 1.4 Process Conditions of Approval 1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.4.2 The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11-5C-313. A surety agreement may be accepted for other improvements in accord with UDC I I - 5C -3C. 1.4.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11 -6B -3C2. 1.4.4 The applicant shall obtain approval for all successive phases of the preliminary plat within two years of the signature of the City Engineer on the previous final plat as set forth in UDC 11 -6B -7B (if applicable). 1.4.5 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the City Engineer signature on a final plat within two years; or, 2) gain approval of a time extension as set forth in UDC 11-6B-7. 1.4.6 Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant shall provide a written certificate of completion as set forth in UDC 11 -3B -14A. 2. PUBLIC WORKS Page 16 Meridian City Council Meeting Agenda January 2, 2019 – Page 539 of 576 2.1 SITE SPECIFIC CONDITIONS OF APPROVAL 2.1.1 A street lighting plan will be required with the submittal of development plans. Plan requirements can be found in section 6-5 of the Improvement Standards for Street Lighting at http://www.meridiancily.org_/public_works.aspx?id=272 2.1.2 Water service to this development will be from Sueze North America. Sewer service will be from the City of Meridian. 2.2 GENERAL CONDITIONS OF APPROVAL 2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.2.3 The applicant shall provide easement(s) for all public sewer mains outside of public right of way. The easement widths shall be 20 -feet wide. 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 development plan approval. 2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898- 5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at 208)334-2190. 2.2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375- 5211. Page 17 Meridian City Council Meeting Agenda January 2, 2019 – Page 540 of 576 2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 2.2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11 -5C -3B. 2.2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.2.16 All grading of the site shall be performed in conformance with MCC 11-12-311. 2.2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.2.18 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1 -foot above. 2.2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACRD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.2.21 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. Page 18 Meridian City Council Meeting Agenda January 2, 2019 – Page 541 of 576 3. IDAHO TRANSPORTATION DEPARTMENT (ITD) http://weblink.meridiancity.org/WebLink8/DocView.aspx?id=156202&dbid=0 Page 19 Meridian City Council Meeting Agenda January 2, 2019 – Page 542 of 576 IX. FINDINGS 1. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; Commission finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use, transportation, and circulation. b. Public services are available or can be made available and are adequate to accommodate the proposed development; Commission finds that public services can be provided to the subject property upon development. c. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, Commission finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; Commission recommends that the Council rely upon comments from the public service providers i.e., Police, Fire, ACHD, etc.) to determine this finding. e. The development will not be detrimental to the public health, safety or general welfare; and Commission is not aware of any health, safety, or environmental problems associated with the platting of this property that should be brought to the Council's attention. ACHD considers road safety issues in their analysis. Commission recommends that the Council consider any public testimony that may be presented when determining whether or not the proposed subdivision may cause health, safety or environmental problems of which Commission is unaware. L The development preserves significant natural, scenic or historic features. Commission is unaware of any significant natural, scenic or historic features that exist on this site. Page 20 Meridian City Council Meeting Agenda January 2, 2019 – Page 543 of 576 City Council Meeting Agenda January 2, 2019 Agenda Item Number: 9 D Project File Number: Item Title: Mayor's Anti -Drug Coalition (Police): Office of Drug Policy Success Law Enforcement Grant Budget Request: Meeting Notes: Amendment Not -To -Exceed $3,814 (Net Zero) 9 I TEM SHEET C ouncil Agenda I tem - 9.D. Presenter: L t. Shawn Harper Estimated Time f or P resentation: 10 Minutes Title of I tem - M ayor's Anti-D r ug C oalition (Police): Office of Drug P olicy S uccess L aw Enforcement Grant Budget Amendment Not to E xceed $3,814 (Net Zero) Police Department - MA D C: Office of D rug P olicy Partnership Success L E Grant C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate B udget A mendment B udget A mendment 12/27/2018 RE V I E WE RS : Department Reviewer Action D ate P olice Coles, C.J ay Approved 12/28/2018 - 10:31 A M Meridian City Council Meeting Agenda January 2, 2019 – Page 559 of 576 n On d oa -1 N) N O W C Q O (D D 3 (D 7 3 fD 3 m O 3 W Vj O N N N N N N O O O O O O N N N N N N w w w w w w W W W W W W Vl V1 w (n Un 4n N N N d N N O P,� N N N N N O N N N N N O 7 � O O O O O O A O O O O N � N N N N N N N S N lIl N W O W d W \Tcu t vcuDmM W O O W Un lfl lfl Ui C M In In In l/i In (PLl O O cn O 7 Q Q � N � N ^ m 0 o N N N N N o x rfl O 0 v � � 7 rF N V 0 C O m In ( H D < � (D °° D c � 3 v O 3t Gl u. 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Presenter: Estimated Time f or P resentation: Title of I tem - M ayor's Anti-D r ug C oalition (Police): Idaho State Liquor Division Grant B udget Amendment Not to E xceed $4,700 (Net Zero) C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate B udget A mendment B udget A mendment 12/27/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.Coles, C.J ay Approved 12/28/2018 - 10:31 A M Meridian City Council Meeting Agenda January 2, 2019 – Page 563 of 576 T CC O O OQ M lt r. 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' o 0 o v ❑ ❑ n n ' fD �� � z vOi J J N N C: O O 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 a n u a r y 2 , 2 0 1 9 – P a g e 5 6 5 o f 5 7 6 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 a n u a r y 2 , 2 0 1 9 – P a g e 5 6 6 o f 5 7 6 City Council Meeting Agenda Agenda Item Number: 9 F Project File Number: Item Title: Request: Meeting Notes: January 2, 2019 Police: Idaho Humane Society Animal Control Contract Budget Amendment Not to Exceed $9,528 I TEM SHEET C ouncil Agenda I tem - 9.F. Presenter: L t. Shawn Harper Estimated Time f or P resentation: 5 Minutes Title of I tem - Police: Idaho Humane S ociety Animal C ontrol Contract B udget Amendment Not to Exceed $9,528 Police Department: I HS Animal C ontrol Contract A mendment C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate I HS Contract A mendment Cover Memo 12/17/2018 RE V I E WE RS : Department Reviewer Action D ate P olice Coles, C.J ay Approved 12/28/2018 - 10:31 A M Meridian City Council Meeting Agenda January 2, 2019 – Page 567 of 576 Meridian City Council Meeting Agenda January 2, 2019 – Page 568 of 576 Meridian City Council Meeting Agenda January 2, 2019 – Page 569 of 576 City Council Meeting Agenda January 2, 2019 Agenda Item Number: 10 Project File Number: H-2018-0085 Item Title: Ordinance No. 19-1801 Request: Meeting Notes: An Ordinance (H-2018-0085 — Verado West) For Annexation of a Parcel of land located in Lot 4 of Section 5, Township 3 North, Range 1 East, Boise Meridian, Ada County Idaho and Adjacent and Contiguous to the Corporate Limits of the City of Meridian as requested by the City of Meridian; Establishing and Determining the land use zoning classification of 19.44 acres of land from RUT to R-15 (medium High Density Residential) zoning district in the Meridian City Code; Providing that copies of this Ordinance shall be filed with the Ada County Assessor, The Ada County Recorder, and the Idaho State Tax Commission as Required by law; and providing a summary of the Ordinance; and providing for a waiver of the reading rules; and providing an effective date. M' Ap"PROVE0 I TEM SHEET C ouncil Agenda I tem - 10.A. Presenter: C.J ay C oles Estimated Time f or P resentation: 2 minutes Title of I tem - Ordinance No. 19-1801: An Ordinance (H-2018-0085 – Verado West) F or Annexation Of A P arcel Of L and L ocated In L ot 4 Of Section 5, Township 3 North, Range 1 East, B oise M eridian, Ada County, Idaho, and Adjacent and Contiguous To T he Corporate L imits Of T he City Of M eridian As Requested B y T he City Of M eridian; E stablishing And D etermining T he Land Use Zoning C lassification Of 19.44 Acres Of L and F rom RUT To R-15 (M edium High D ensity Residential) Zoning District In T he M eridian C ity C ode; Providing T hat C opies Of T his Ordinance S hall Be F iled With T he Ada County Assessor, T he Ada C ounty Recorder, And T he Idaho S tate Tax C ommission, As Required By L aw; And Providing F or A S ummary O f T he Ordinance; And Providing F or A Waiver Of T he Reading Rules; And P roviding An E ffective D ate Verado West Annexation Ordinance C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate Verado West A nnexation Ordinance Ordinance 12/20/2018 Verado West - E xhibit A E xhibit 12/20/2018 Verado west - E xhibit B E xhibit 12/20/2018 Verado West Summary Ordinance 12/20/2018 RE V I E WE RS : Department Reviewer Action D ate L egal.J ohnson, Chris Approved 12/20/2018 - 11:13 A M L egal.J ohnson, Chris Approved 12/20/2018 - 1:15 P M L egal.A lbertson, Michelle Approved 12/20/2018 - 1:24 P M Meridian City Council Meeting Agenda January 2, 2019 – Page 570 of 576 ADA COUNTY RECORDER Christopher D. Rich 2019-000375 BOISE IDAHO Pgs=5 LISA BATT 01/03/2019 10:41 AM CITY OF MERIDIAN, IDAHO NO FEE C11I111 Z17�1% 111► 17I�►`[I7 ►� 71►`/�►`C�100111aL .,U1 COUNCIL:BY THE CITY BORTON, • PALMER, LITTLE ROBERTS AN ORDINANCE (H-2018-0085 — VERADO WEST) FOR ANNEXATION OF A PARCEL OF LAND LOCATED IN LOT 4 OF SECTION 5, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF 19.44 ACRES OF LAND FROM RUT TO R-15 (MEDIUM HIGH DENSITY RESIDENTIAL ZONING DISTRICT IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION L That the following described land as evidenced by attached Legal. Description herein incorporated by reference as Exhibit "A" are within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re -zoning by the owner of said property, to -wit: Brinegar Investments, L.P. SECTION 2. That the above-described real property is hereby annexed and re -zoned from RUT to R-15 (Medium High Density Residential) zoning district in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re -zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. ANNEXATION ORDINANCE — VERADO WEST (H 2018-0085) Page 1 of 3 Meridian City Council Meeting Agenda January 2, 2019 — Page 571 of 576 SECTION 7. This ordinance shall be in frill force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 2nd day of J on Y ; 2om. 2.01 APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 2rj day of TanLUIr ,ifr18: j MAYOR A Y de WEERD ATTEST �vovkAi ED A(UG` / o ST 2G � o C. -Y COL S, CI LEERK r �" r w IDIAN�. Z IGAHO SEAL ANNEXATION ORDINANCE — VERADO WEST (H 2018-0085) Page 2 of 3 STATE OF IDAHO, ss: County of Ada ) 2019 On this 2nd day of�Sanuar ,20t8, before me, the undersigned, a Notary Public in and for said State, personally appeareerAMMY de WEERD and C.JAY COLES, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) CHARLENE WAY COMMISSION #67390 NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRES 3/28/22 NOTARY PUBLIC FOI�VAHQn c�� RESIDING AT: 14 r J I a MY COMMISSION EXPIRES: 322-2022 ANNEXATION ORDINANCE — VERADO WEST (H 2018-0085) Page 3 of 3 Meridian City Council Meeting Agenda January 2, 2019 – Page 574 of 576 Meridian City Council Meeting Agenda January 2, 2019 – Page 575 of 576 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 19-1801 PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation of a parcel of land being located in Government Lot 4 of Section 5, Township 3 North, Range 1 East, Boise, Ada County, Idaho. This parcel contains 19.44 acres more or less. Also, these parcels are SUBJECT TO all easements and rights-of-way of record or implied. As surveyed in attached exhibit `B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, Merlian, Idaho. This ordinance shall become effective on the day of ,SGI✓ 2f 8. 0AUGX/ 12014 IJSTI , v / 2 City �ful ty of M •idian Mayor and Ci Council j City By: C.Jay Coles, City Clerk �y� SEAL 403 First Reading: l / � / ;b/� c"'FRofthe ZR�P Adopted after first rea mg by suspension of the Rule as allowed pursuant to Idaho Code §50-902: YES- NO Second Reading: Third Reading: -/ STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 19-1801 The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 19-1801 of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this 2nd day of jai nuQ ru , — 2-09 William. L.M. Nary City Attorney ORDINANCE SUMMARY - VERADO WEST (H-2018-0085)