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2019-12-17 Work Session
C I T Y C OUNC I L W OR K SESSI ON A GENDA City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, D ecember 17, 2019 at 4:30 P M 1. Roll-C all Attendance X A nne L ittle Roberts X J oe B orton Ty P almer X Treg Bernt X G enesis Milam X__L uke Cavener X Mayor Tammy de Weerd 2. Adoption of Agenda – Adopted as Amended 3. C onsent Agenda [Action I tem] – Approved as Amended A. Approve M inutes of December 3, 2019 C ity C ouncil Work Session B. Approve M inutes of December 3, 2019 C ity C ouncil Regular M eeting C. Apex O ffsite S ewer E asement D. F inal P lat for B ainbr idge Subdivision No. 11 (H-2019-0125) by B righton Investments, LLC, L ocated at the S E corner of W. C hinden B lvd./Hwy 20/26 and N. T ree F arm Way E. F inal P lat for Rackham S ubdivision (H-2019-0128) by B VA D evelopment, LLC , Located at 1020 S . E agle Rd. F. F inal P lat M odification for Turf Farm No. 2 (H-2019-0124) by B righton Investments, LLC, L ocated on the North Side of E. L ake Hazel Rd., E ast of S . E agle Rd. G. Acceptance of the Adopted and Approved F iscal Year 2019 Audit of the M eridian D evelopment C orporation H. Addendum to the D evelopment Agreement for Bainbridge North (H- 2019- 0074) with B righton Investments, LLC located at SEC of W. C hinden B lvd./S H 20-26 and N. T ree Farm Way I. Approval of AIA Agreement A133 – 2009 to K reizenbeck Constructors for the P re-C onstruction S ervices of Discovery P ark P hase I I for the Not-to- E xceed Amount of $50,000.00 J. Approval of AIA Agreement B133 – 2014 to J ensen B elts Associates for the D esign of Discovery P ark Phase II for the Not-to-Exceed Amount of $350,900.00 K. Approval and Award of Construction Contract to M cL eran Well Drilling, LLC for Well 15 Reconstruction – Phase 2 Well L ining project for a Not- To-E xceed Amount of $124,900.00 L. Approval of Award of Bid and Agreement to Cougar E xcavation for Water & S ewer M ain Replacement – W P ine, M eridian to NW 3rd St. project for a Not-To-E xceed amount of $359,860.00. M. D eclaration of E mergency P urchase for the Water M ain Repair at C orporate and P rogress N. Resolution 19-2181: A Resolution Of T he M ayor And C ity C ouncil Of T he C ity Of M eridian Declaring an Emergency in the Public Interest and Necessity Following a Water M ain Rupture; Authorizing the Immediate E xpenditure of P ublic M oney to Safeguard Life, Health and P roperty; And Providing an E ffective D ate O. C ity of M eridian E mployee B enefits T rust - Administr ative S er vices Agreement P. AP Invoices for Payment - 12/13/19 - $57,676.72 Q. AP Invoices for Payment - 12/18/19 - $3,072,681.55 R. AP Invoices for Payment - 12/13/19 (2) - $5,601.90 S. [Amended on to Agenda] Human Resources: Health Savings Account Administrative Services Agreement 4. Items M oved F rom the C onsent Agenda 5. Action I tems A. Resolution 19-2180: A Resolution of the M ayor and City C ouncil of the City of M er idian Progr am Approving and Adopting the Year 2018 C ommunity D evelopment B lock G rant C onsolidated Annual P erfor mance and E valuation Report (C APER) - Approved B. P ublic Hearing C ontinued fr om November 19, 2019 for New Comprehensive P lan (H-2019-0101 C PAT & C PAM ) by M eridian P lanning D epartment – Continued to Regular Meet 1. R equest: To replace the existing C omprehensive Plan (the Plan) f or the City with a new long-range planning document. T he application includes but is not limited to the f ollowing: 1) approval of new text, both background and policies; 2) adoption of a new F uture L and Use Map of the City, including A rea of C ity I mpact boundary changes; and 3) accepting new goals, objectives and action items of the P lan, by Meridian P lanning Department. 6. D epar tment / Commission Repor ts A. Human Resour ces: K ey P er formance Indicator s – Moved to January 7, 2020 B. P ublic Works: K ey P erfor mance I ndicator s C. Community D evelopment: K ey P erformance Indicators – Moved to Regular Meeting 7. Recognition of Outgoing Council M embers Anne L ittle Rober ts, Ty P almer, and G enesis M ilam Meeting Adjourned at 5:40 pm Meridian City Council Work Session December 17, 2019. A Meeting of the Meridian City Council was called to order at 4:32 p.m., Tuesday, December 17, 2019, by Mayor Tammy de Weerd. Members Present: Tammy de Weerd, Joe Borton, Luke Cavener, Genesis Milam, Anne Little Roberts and Treg Bernt.. Members Absent: Ty Palmer. Also Present: Chris Johnson, Bill Nary, Adrienne Weatherly, Caleb Hood, Brian McClure, Clint Dolsby, Jeff Lavey, Joe Bongiorno and Dean Willis. Item 1: Roll-call Attendance: X__ Anne Little Roberts X_ _ Joe Borton ___ Ty Palmer X__ Treg Bernt _ X___Genesis Milam _X___Lucas Cavener __X__ Mayor Tammy de Weerd De Weerd: Okay. I will go ahead and start our City Council work session. Welcome. We typically don't see people at our work session, so this is pretty cool. Thank you for joining us. For the record it is Tuesday, December 17th. It's 4:30. We will start with roll call attendance, Madam Clerk. Item 2: Adoption of Agenda De Weerd: Thank you. Item 2 is adoption of the agenda. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: We are adding to the Consent Agenda an Item 3-S, Health Savings Account Administrative Services Agreement and Item 6-A and 6-B are to be vacated from the agenda. They are going to be scheduled for January 7th next year. De Weerd: Mr. President? Borton: Yes. De Weerd: I guess A will be rescheduled. If we have time to hear B we will hear it tonight. Borton: Okay. So, 6-B stays on as published. With those crystal clear amendments, I move we adopt the agenda. Meridian City Council Meeting Agenda January 7, 2020 – Page 57 of 552 Meridian City Council Work Session December 17, 2019 Page 2 of 22 Little Roberts: Second. De Weerd: I have a motion and a second to approve the agenda as amended. All those in favor say aye. Cavener: Madam Mayor? Sorry. De Weerd: I'm sorry. Cavener: Before there is a vote, can -- voting on Item 3-S, just curious the reason why it's being added to the consent so late in the game. De Weerd: Mr. Nary. Cavener: It was something that was on my radar. Nary: Thank you, Madam Mayor, Members of the Council, Council Member Cavener. So, this is an agreement to our benefits package that the health savings accounts are no longer being done by Key Bank, but are going to be managed through Discovery Benefits. We already have an existing relationship with Discovery Benefits, so this is an add on to their service that they are already providing, because Key Bank no longer will provide -- or we no longer want Key Bank to provide that service, we want to do it with Discovery for some simplicity and some consolidation with the other benefit. So, we have had some language issues. We have had discussions. We finally got their approval and it came in on Friday, so -- De Weerd: And this -- we don't have another meeting for three weeks. Nary: Correct. We don't have another meeting until after the year starts and we need to have it in place before the year. Cavener: Okay. Great. Thank you. De Weerd: Okay. So, I have a motion to approve the agenda as amended. All those in favor say aye. Any opposed? MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 3: Consent Agenda [Action Item] A. Approve Minutes of December 3, 2019 City Council Work Session B. Approve Minutes of December 3, 2019 City Council Regular Meeting Meridian City Council Meeting Agenda January 7, 2020 – Page 58 of 552 Meridian City Council Work Session December 17, 2019 Page 3 of 22 C. Apex Offsite Sewer Easement D. Final Plat for Bainbridge Subdivision No. 11 (H-2019-0125) by Brighton Investments, LLC, Located at the SE corner of W. Chinden Blvd./Hwy 20/26 and N. Tree Farm Way E. Final Plat for Rackham Subdivision (H-2019-0128) by BVA Development, LLC , Located at 1020 S . Eagle Rd. F. Final Plat Modification for Turf Farm No. 2 (H-2019-0124) by Brighton Investments, LLC, Located on the North Side of E. Lake Hazel Rd., East of S . Eagle Rd. G. Acceptance of the Adopted and Approved Fiscal Year 2019 Audit of the Meridian Development Corporation H. Addendum to the Development Agreement for Bainbridge North (H-2019-0074) with Brighton Investments, LLC located at SEC of W. Chinden Blvd./SH 20-26 and N. Tree Farm Way I. Approval of AIA Agreement A133 – 2009 to Kreizenbeck Constructors for the Pre-Construction Services of Discovery Park Phase II for the Not-to-Exceed Amount of $50,000.00 J. Approval of AIA Agreement B133 – 2014 to Jensen Belts Associates for the Design of Discovery Park Phase II for the Not- to-Exceed Amount of 350,900.00 K. Approval and Award of Construction Contract to McLeran Well Drilling, LLC for Well 15 Reconstruction – Phase 2 Well Lining project for a Not-To-Exceed Amount of $124,900.00 L. Approval of Award of Bid and Agreement to Cougar Excavation for Water Sewer Main Replacement – W Pine, Meridian to NW 3rd St. project for a Not-To-Exceed amount of $359,860.00. M. Declaration of Emergency Purchase for the Water Main Repair at Corporate and Progress N. Resolution 19-2181: A Resolution Of The Mayor And City Council Of The City Of Meridian Declaring an Emergency in the Public Interest and Necessity Following a Water Main Rupture; Authorizing the Immediate Expenditure of Public Money to Safeguard Life, Health and Property; And Providing an Effective Date Meridian City Council Meeting Agenda January 7, 2020 – Page 59 of 552 Meridian City Council Work Session December 17, 2019 Page 4 of 22 O. City of Meridian Employee Benefits Trust - Administrative Services Agreement P. AP Invoices for Payment - 12/13/19 - $57,676.72 Q. AP Invoices for Payment - 12/18/19 - $3,072,681.55 R. AP Invoices for Payment - 12/13/19 (2) - $5,601.90 S. [Amended on to Agenda] Human Resources: Health Savings Account Administrative Services Agreement De Weerd: Okay. Item 3 is our Consent Agenda. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Move we approve the Consent Agenda as it's been amended. For the Mayor to sign and Clerk to attest. Cavener: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. If there is no discussion, Madam Clerk, will you call roll. Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, absent; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. Thank you. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 4: Items Moved From the Consent Agenda De Weerd: There were no items moved from the Consent Agenda. Item 5: Action Items A. Resolution 19-2180: A Resolution of the Mayor and City Council of the City of Meridian Program Approving and Adopting the Year 2018 Community Development Block Grant Consolidated Annual Performance and Evaluation Report (CAPER) Meridian City Council Meeting Agenda January 7, 2020 – Page 60 of 552 Meridian City Council Work Session December 17, 2019 Page 5 of 22 De Weerd: So, we will move into Item 5-A, which is a Resolution 19-2180. Council? Crystal gave her presentation last week and unless you have anything further on that, I'm just looking for some action. Bernt: Madam Mayor? De Weerd: Yes, Mr. Bernt. Bernt: I move that we approve Resolution 19-2180. Milam: Second. De Weerd: I have a motion and a second to approve Item 5-A. If there is no discussion, Ms. Clerk. Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, absent; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. B. Public Hearing Continued from November 19, 2019 for New Comprehensive Plan (H-2019-0101 CPAT & CPAM ) by Meridian Planning Department 1. Request: To replace the existing Comprehensive Plan (the Plan) for the City with a new long-range planning document. The application includes but is not limited to the following: 1) approval of new text, both background and policies; 2) adoption of a new Future Land Use Map of the City, including Area of City Impact boundary changes; and 3) accepting new goals, objectives and action items of the Plan, by Meridian Planning Department. De Weerd: Item 5-B is a public hearing continued from November 19th and we have this both on this agenda and also the 6:00 o'clock. I will turn this over to Caleb and Brian. This was continued for specific topics and -- and so any comments will be limited to those during this public hearing process. Hood: Thank you, Madam Mayor, Council, for having us once again. Mayor, I will touch a little bit more on what you just finished that opening with here and the scope of the project tonight, but this is the entire Comprehensive Plan for the City of Meridian that's before you this evening. A little bit of a refresher. We did have the original public hearing on this topic on November 19th. It was, then, continued a week to the 16th of November. We, then, had a discussion. That one wasn't open for public testimony on the 26th. We Meridian City Council Meeting Agenda January 7, 2020 – Page 61 of 552 Meridian City Council Work Session December 17, 2019 Page 6 of 22 had some new information that staff had drafted up that we discussed on the 26th, made that available for public comment and, really, that's what -- what is before you again in the context of the broader, bigger -- the entire Comprehensive Plan, but those -- those topics include what you see on the screen there. It is interesting to note that all of the changes proposed are in Chapter 3, which is our evolving community chapter in the plan. We did -- and it's not typical, but Council President Borton recommended we both hear this at 4:30 and, then, at 6:00. I'm sure you are all aware of that at this point. For -- for the reasons that are on the screen here. I would just note we have seen a whole lot of testimony come in. I would encourage you to read that. Had some just as early -- you know, as late as the last 20 minutes still rolling in. So, I haven't had a chance to even digest all of them. But I'm aware of those letters coming in. But I would encourage you to check that and I know the clerk's done a great job of keeping those letters and -- and that form of public testimony updated in the -- on laserfiche. One of the things that came up -- and I just wanted to address one of those things -- there are many and I'm not here to talk about all of them, but just is the -- this is -- you know, in that process some of the changes you are going to see, particularly on this slide, is new and this is the first opportunity that the public has a chance to really share their thoughts on this information. This was not vetted through the Comprehensive Plan steering committee. It was not reviewed by the Planning and Zoning Commission. It was something that staff drafted. As we thought it was a response to what we were hearing from the public and the Council at the time, again, at those first two meetings. We aren't necessarily here to advocate for it. We think it's good. But, honestly, it's not, again, something that we think is even imperative that it be included in the plan. We did it, again, more as a response to what -- the direction we thought we are getting and the comments we were hearing. But it does not have to be remanded back to the Planning and Zoning Commission. You are the decision making board. What we have done meets all statutory requirements of the state of Idaho, as well as our own codes and policies, so you do have the ability to approve tonight the changes, tweaks to the plan as -- as drafted and, again, this is -- there is a public hearing to talk about these things that are new to the public. I just want, as a reminder as I kind of go a little bit more into depth on some of these specific changes, the comp plan is policy, it's not code. They are not standards. It's a guiding documented of development. It directs growth and development, but it doesn't dictate those standards and it's not a one size fits all. These policies in the map all work together and sometimes actually conflict with each other to some degree. We take them all into account when considering the appropriateness of a project. So, this doesn't protect anyone necessarily in and of itself. There are, again, a lot of things that factor in the appropriateness of a policy here. So, just, for example, I will get in here a little bit to the policy, right? The new policy 307.01.F. Staff would continue to look at the appropriateness of applying this policy. For example, if an adjacent property that's five acres, still rural, still with the home in the county and a project is coming in, does that property owner want one acre properties next to them or are they the next in line to develop? Are they saying don't put one acres next to me, I want to do density on my property as well. So, that's something we would take into account. What does that property owner want to see adjacent to them? They may not want to have to transition from one acre lots; right? Because we would probably require that to be transitioned back. What is the comp plan designation of that property? Is it planned for medium density or medium high density? Probably Meridian City Council Meeting Agenda January 7, 2020 – Page 62 of 552 Meridian City Council Work Session December 17, 2019 Page 7 of 22 don't want, you know, one acre lots? So, looking at a whole lot of things at the same time to say, well, is this appropriate or not. This isn't -- again, it's a guide policy. It can be used and it should be used when appropriate, but it's not every time there is a five acre lot thou shalt put in one acre lots adjacent to it. So, it can be appropriate. A lot of times it may not be appropriate. So, just wanted to put out there that, again, this isn't code and it doesn't have to be the case every time, especially when you have consenting property owners that neither one of them want to build one acre lots there and the city, quite frankly, maybe doesn't envision one acre lots there in the first place, because it's got a medium density designation. But, again, this was drafted in -- in response to some of the testimony we were hearing. I think maybe just before leaving this -- this one in summary, there -- there are some 500 policies that, again, all work together. This one we think strengthens that -- the appropriateness and transition that we are looking for from property to property. We still think the plan is solid, even if you don't have the draft policy in there. You know, we are not saying take it out necessarily, but just we think there is enough already with the existing policies that have been vetted through the public and the steering committee that provide a lot of guidance on appropriateness of transitions to estate type lots. So, those are really the text changes. The future land use map changes were on that first slide that I showed, enumerated there. I think there were six of them -- five, six of them. We -- we missed one still even in that, even only having a handful of them. So, on the map that went out to you all in the packet and on the website, the property that -- where the inset is shown blown up there, we colored that one red, which is commercial, and the request was to mixed use commercial, so -- excuse me. Mixed use regional. Still messing it up. Mixed use regional. And we accidentally colored it red. It's the right property, just had the wrong shade toning of the red there. So, wanted to just put that on the record that this property that was requested there -- I had it written correctly in the text summary, we just picked the wrong shading when we changed it. So, again, apologies for any confusion there. The other changes -- we can zoom into them if you would like, but, again, they are -- they are here on that last bullet. In the Magic Bridge area -- so, that's Locust Grove, I-84, Eagle area, there is some commercial along the frontage of Locust Grove, transitioning to mixed use neighborhood and, then, kind of medium density residential along Woodbridge. Adjacent to Woodbridge. The El Gato-Black Cat railroad corridor really scaled that back to the only industrial now is on the west side of the Purdam Drain, on the south side of the Purdam Drain next to railroad tracks. I think it's roughly 37 or so acres there. The rest of that remains as is. Franklin Road west of Cloverdale. This is the ACHD and you had a couple of other property owners that wanted to remove their mixed use regional designation and go to industrial. The Gem Tone was a mixed use nonresidential request, northeast corner of Locust Grove and McMillan. That request was to commercial -- commercial there and northwest corner of Ustick and McDermott I just talked about. So, those are also shown on the map that's been out there. This version of the map that you see there -- I do have a pdf if you want to zoom in and look at those any -- any more closely. So, with that those are the items that you directed that are the topic of discussion tonight. But, again, there is a larger context, the plan here at play. We have known of some additional changes that are out there, but we have been telling folks this is the limited scope of the potential changes and, really, the questions that are before the Council tonight, you know, are larger than this, but, largely, the public testimony we anticipate are -- should revolve around these topics that are on the screen now. So, with Meridian City Council Meeting Agenda January 7, 2020 – Page 63 of 552 Meridian City Council Work Session December 17, 2019 Page 8 of 22 that quick summary of what's happened in the last couple times and where we stand and with that I will stand for any questions. De Weerd: Okay. Council, any questions? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Madam Mayor, thanks. Caleb, can you summarize some of these additional changes that you said, sorry, that you're aware of? That's -- sorry, I just -- I guess I'm not aware of what those are and so I'm curious. McClure: Councilman Cavener, the additional changes in the public for map changes to you, so they are on the searchable documents, but it's not something we have prepared responses to, because they are extreme last minute. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Thanks. I -- I misunderstood. I thought you were referring to like from a group or from something not necessarily what has been reflected in the public comments, so I appreciate that. Madam Mayor, I do have an additional question for Caleb and/or Brian. Because this didn't go back to the steering committee or P&Z, can you kind of -- I guess 3.7.1f, I appreciate the intention behind it, but I am concerned about are we going to create some unintended consequences of future in-fill issues in the future and is that something staff discussed and -- you guys are the experts and so I'm really looking to some guidance on that particular piece. It's one that I think has really great intentions behind it, but I fear we may create a lot of future problems for ourselves. McClure: Madam Mayor, Councilman Cavener, five acre parcels with estate-type dwelling units are very very rare. We have intentionally not defined that, because there is some need for some flexibility around that, but I don't see a lot of issues for staff because of the reasons Caleb mentioned earlier, such as what is the underlying land use for that. If it's high it doesn't really matter, because we are planning for that there. Those areas can come into conflict, but it gives us more flexibility to consider those things when -- when and if they arise. So, in short, I don't actually see a lot of five acre estate properties elsewhere in the county. They are -- they are typically larger or smaller and we didn't target those, but, again, as Caleb said, this was after all the other public involvement. This was after the steering committee. The Planning and Zoning did sort of suggest something like this. They asked us to specifically -- and asked you to specifically look at transitions, but they didn't see this exact verbiage. But, certainly, anything could have unintended consequences. Meridian City Council Meeting Agenda January 7, 2020 – Page 64 of 552 Meridian City Council Work Session December 17, 2019 Page 9 of 22 De Weerd: Okay. Any other questions for staff at this time? Okay. Madam Clerk, any sign-ups? Weatherly: Madam Mayor, there are 14 people that signed in, three of which wish to speak. The first of which is Susan Karnes. De Weerd: Okay. And that might be for later this evening. Weatherly: So, the second person is Mike Wardle. De Weerd: Good evening. If you will, please, state your name and address for the record. Okay. Wardle: Madam Mayor, Council Members, Mike Wardle, Brighton Corporation. 2929 West Navigator in Meridian. I just want to -- since this is likely the last time that I will speak to some of you in this venue, thank you for your service. I guess Milam -- Genesis has already moved on. But thank you. We -- we appreciate the many years of experience and opportunity to talk about the growth and development of the community. What I have provided to you -- and I'm going to just use one real life example to illustrate the concern that we have for what we are referring to as the future land use action item 3.07.01f related to this specific question of transitioning to five acre parcels. When we brought Pollard Subdivision before you, the Council I believe addressed this and approved it on May 21st of this year. We abutted an interesting -- what we call the old school neighborhood. One parcel -- one acre parcel -- ranging from five up to 15 acres and the project that we -- I don't appear to have the ability to -- to forward this -- okay. The subdivision that we brought forward -- again, abutting the five, ten, 11, 15 acre parcels had some quite small lots, but as we worked with the neighborhood we came up with a concept that was mutually agreeable, solved their primary concerns and it was through the form of a berm, fencing, and a buffer -- a landscape buffer that would be on both sides of that berm with the fence at the top and so the third slide, Caleb, just shows that area that was depicted. It was part of our landscape plan that was approved as part of the project. When we had the hearings, both at Planning and Zoning and at City Council, that neighborhood was here in support. Some of them didn't speak, but they were here -- most of them. But those that spoke all spoke in favor, noting that we had worked through their concerns and had addressed the issues that would be a potential challenge to them down the line. Mr. Turnbull's letter that's attached that was filed yesterday morning basically notes that the language that's been proposed, even though staff has indicated that it's a guide and not a zoning specific, but we believe that the language actually proposed is zoning specific. It does not provide just a general guide and a concern on how to deal with transitions, it's very specific. It was noted I think in the subsequent discussion here just a few minutes ago this reciprocal transition and we view that as potentially a transition penalty, because if you have the requirement -- absolute requirement for one acre lots on one side, when the five acre redevelops as they will over time, then, what does that property owner lose in potential development opportunity by having to transition to a one acre lot on the other side. So, there is a reciprocal unintended consequence we believe. Meridian City Council Meeting Agenda January 7, 2020 – Page 65 of 552 Meridian City Council Work Session December 17, 2019 Page 10 of 22 De Weerd: Mr. Wardle, your time is up. Wardle: Happy to conclude. That's all I wanted to do is just bring this very specific solution that shows how a development can work with the neighbors to address the question without being required to a specific mandate. Happy to answer your questions. De Weerd: Thank you. Council, any questions? Wardle: Thank you very much. Weatherly: Madam Mayor, Deborah Nelson. De Weerd: Good evening. If you will -- or afternoon or whatever it is. Will you, please, state your name and address for the record. Nelson: Hi, Mayor and Council Members. Deborah Nelson. At 601 West Bannock. A point of order first. Would you prefer testimony on the Comprehensive Plan to come before you now or at the public hearing tonight? Do you have a preference? De Weerd: No. Nelson: Okay. We will just plow forward. So, I'm here tonight on behalf of Ten Mile South, LLC, and its members, which include Mark Bottles, who is also here with me tonight and we are here to ask you to adopt the -- the plan that was presented to you by the steering committee without this new policy of 3.07.1f that Caleb introduced. The Council's received a lot of opposition in writing to this. We have read that record. We will try not to repeat those points. We hope you have taken them into account. Instead what I want to try to do is focus in on one example that is a property that's owned by Ten Mile South, LLC, to show how it impacts them and how this policy had some -- some pretty broad ranging effects with its prescriptive language. Ten Mile South owns approximately 70 acres directly south of the I-84 interchange at the little blue box that's highlighted down here and it's right at the corner of a principal arterial and a minor arterial. The designation under your future land use map for this property is mixed use neighborhood, which anticipates mixed use and densities that range from six to 12. Here you can see the property very specifically. This is our property. The purple. Adjacent to us are the Stetson and Rock Ridge estates. Rural estate properties that have been vocal about transition. These are all -- the Stetson and Rock Ridge are all about five to ten acres and looking at just this one section that's highlighted in red here, you can see the impact of this policy, how actually every single property within this one section would be impacted. The large developable properties, including ours and those to the south and these that are over here, this is a large property here. There is 112 acres here. These are all connected directly adjacent to rural estate properties of approximately five to ten acres. Some of them are impacted on multiple sides. Even the rural estate lots themselves are adjacent to other rural estate lots impacting redevelopment. This makes the planned densities in your future land use map impractical to obtain. You can't get six to 12 when you have got rural transition lots of one acre. Over here you have got your plan for medium density. Meridian City Council Meeting Agenda January 7, 2020 – Page 66 of 552 Meridian City Council Work Session December 17, 2019 Page 11 of 22 You can't obtain three to eight when you have got multiple sides of one acre transition. This is not just limited to this one section. Using the assessor's records we looked at rural estates where there is a residential home now and looked at all of the properties that are adjacent to those and those are all highlighted in red. So, just looking at the areas in south Meridian, you can see the broad ranging impact here. This policy is too prescriptive in its language and it doesn't allow the flexibility that staff is saying that they would apply in interpretation to take into account things like the setbacks of homes. Adjacent to our property here you can see that every home is over 300 feet from the property line. We ask you, instead, to look to other policy language that you have, 3.05.02f and 3.07.01a already provide you transitional density language that we would ask you to use instead. Thank you very much. De Weerd: Thank you. Nelson: No questions? De Weerd: Questions? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: It sounds, in super summary fashion, that one of the principles that you are trying to capture isn't necessarily disagreeing that in some circumstances lot transition is the tool to solve appropriate transition, but it shouldn't be the exclusive one and perhaps the development community will be afforded the flexibility that may be the one acre lot does solve the problem appropriately in one circumstance, but not in another circumstance, like Mr. Wardle mentioned, there might be a different solution, which accomplishes the same goal. Is -- is that a fair summary? And the concern that the proposed new language sort of hamstrings the flexibility and in a sense jeopardizes the very goal we are trying to promote. Nelson: Madam Mayor, Council President Borton, I could not have said it better. That is exactly the concern and while I appreciate very much what Caleb said about how they would interpret it to allow that flexibility, the language itself doesn't afford that interpretation flexibility and we don't want you as elected officials to be hamstrung, nor do we want the development community or the adjacent affected property owners to assume these prescriptive terms apply when they should be, instead, afforded flexibility. Borton: Madam Mayor? And that's how I took a lot of the comment we received on that was that it wasn't necessarily a position that one acre lots are never the solution necessarily as an appropriate transition, but it's not the only solution. On case-by-case basis is when the staff and P&Z and Council can determine whether or not that's appropriate. Meridian City Council Meeting Agenda January 7, 2020 – Page 67 of 552 Meridian City Council Work Session December 17, 2019 Page 12 of 22 Nelson: Madam Mayor, if I can comment on that. Council President Borton, that -- that's exactly what is in the language that you have in those two policy provisions. It even uses the term transitional densities and so it is contemplating exactly that. Also considering buffering and other appropriate things that should come into account. So, I would say you already have that language that was considered by the steering committee, by the P&Z, before you. You don't -- you have that opportunity now to require that one acre lots or any other size of lots might be the result on a case-by-case application. De Weerd: And certainly I think because we have the public comment at the work session and the regular meeting staff could look in the interim to see if there is broader language that might better fit and compliment what's already articulated. Nary: Madam Mayor? Madam Mayor, Members of the Council, I think if -- if the -- I guess the discussion point now is -- is that 3.07.01f, as Ms. Nelson was saying, is you have other language that already captures the same essence. So, yes, is the direction to planning is either come up with more language or accept that proposition that that's -- it's not needed. That's I think the direction between now and 6:00 o'clock or at the discussion at 6:00, I think that's what we are looking for. Maybe to add one more fine point on it, one of the things that Planning has talked about a great deal is there are implementation measures that come next and of that is further discussion, with the public with the development community, with the elected officials on what do these policies mean and how do we apply them and what's the rules that we will put in code to make them have life and by putting that restrictive language in this particular policy there is no debate about it, because there is no other -- at least in my opinion the only way to read that language, other than to say you have to put one acre lots next to five acre lots and there isn't any other way to create an ordinance around that. So, that's what I think the concern is is that discussion on standards and code that would, then, come to put some depth to your comp plan is lost, because you have already created this very specific language that you can't do it any other way and I think as Council President Borton said, that wasn't the intention, we were talking about is to create one tool. It was not to exclude one tool, but to include all tools. So, I guess Ms. Nelson is saying you don't need that, you already have that and you can still have the debate on what does it mean and how do you apply it and what code is appropriate. De Weerd: And would that be a later follow-up step in developing policies or maybe even districts -- I go back to an earlier discussion and how do you protect those areas that you want estate lots and you want to protect that investment. It reminds me of a conversation I had years ago with Dennis Baker and saying why don't you do a development like you have in Eagle. He said I want to make sure that long term that investment is protected and I think that's what a lot of the -- the county residents have been saying is we want to make sure our investment is protected as well and how can you best do that. It's probably not in the FLUM in -- in a broad sense, but maybe more in following up with a future council to talk about the districts and where those might make more sense, instead of more broad brush. Meridian City Council Meeting Agenda January 7, 2020 – Page 68 of 552 Meridian City Council Work Session December 17, 2019 Page 13 of 22 Nary: Madam Mayor, Council, you are exactly correct and it takes the cooperativeness of -- of a number of property owners, not just one section of a square mile, but more than that and getting that cooperation on what would make sense long term and master planning amongst various property owners. So, you are right, I mean that opportunity certainly isn't gone. I mean that opportunity is still there. I think what the concern you are hearing from Ms. Nelson and -- is that where when creating this one particular policy we are also foreclosing a lot of that, because we are just saying we are not going to do that now. Everything has to be one way. So, I think you are exactly right. Certainly that opportunity is still there. De Weerd: Okay. Any -- Milam: Madam Mayor? De Weerd: Yes, Mrs. Milam. Milam: Not a question for -- just leave you standing there. More of a comment to the discussion, though, is I think that important -- an important part of this is direction to staff and so I won't be around, but I think that having those further discussions and really making sure there is a good direction for staff, you know, as far as what those areas are and what is needed and where it's needed -- and I agree, you know, we don't want to lock the door when there might be better options, but I know that that's been an issue for them with other things and if they are working with the developer and that's -- it meets the minimum criteria of our comp plan and our UDC and -- you know. So, we have to recommend approval, even if that's not where they really feel or -- that the direction should be. So, I think it's just really important to have that communication before they spend a lot of time and the developers spend a lot of time working on projects that ultimately isn't something that we want. I hope that was clear. It started out good in my head. But, yeah, staff needs -- they need direction from you guys. If we are not going to have that language in there, that discussion still needs to be had to protect those properties. Nelson: Madam Mayor, may I comment on that? De Weerd: Uh-huh. Nelson: Council Member Milam, I think that is beneficial for everyone to have that clear opportunity for communication with staff up front and I think that the development community and landowners get that right now from staff when they look to your Comprehensive Plan for guidance and I know one of the first places your staff looks is to your future land use map to see what kind of densities are planned there and -- and that is very telling and it's based on your roadway network and your infrastructure capabilities and everything else that should be considered, which are some of the -- I'm afraid unintended consequences of things that get precluded when you only look at one factor. So, all of those things go into that staff recommendation of what they should expect and, then, we want to make sure all of those remain on the table for that discussion and the city isn't precluded from looking at all those other important factors as well as they Meridian City Council Meeting Agenda January 7, 2020 – Page 69 of 552 Meridian City Council Work Session December 17, 2019 Page 14 of 22 consider the important private property rights of everyone involved. That is one of many factors that goes in I think today's decision and ultimately up to this Council, who is going to make a decision on annexation on rezone. So, I -- I appreciate those comments and I think those -- those opportunities exist now. I can sit down if you are ready for me to go. I'm happy to answer questions, too. De Weerd: Well, thank you. Nelson: Thank you very much. Weatherly: Madam Mayor, we had one additional sign up. A Jane Byam representing an HOA. De Weerd: Okay. Probably signed up for later this evening and we will -- we will go ahead and call her name at that point. Weatherly: Thank you, Madam Mayor. De Weerd: Thank you. Okay. So, this will continue discussion at our 6:00 o'clock regular scheduled agenda. Is there any other comments at this point? Okay. Item 6: Department / Commission Reports A. Human Resources: Key Performance Indicators B. Public Works: Key Performance Indicators De Weerd: Then we will go ahead and move to 6 -- not A, but B, under our Public Works. And we will have a cut off at 5:30. I know that Community Development said that they can do their key performance indicators at the 6:00 o'clock if need be. Thank you for being here, Dale. Bolthouse: Thank you, Madam Mayor, Members of Council. And in conclusion -- De Weerd: Oh, that's awesome. Bolthouse: Thank you very much. And I do have a couple slides. No. Really. In conclusion -- De Weerd: And if we don't get to it all we can certainly hear the rest of it on the 7th under old business. Bolthouse: I think we got -- ready? Awesome. Thank you. So, I'm here to talk a little bit about the Public Works KPIs and kind of the process that we have been going through the last year or better and, actually, we started from a level of service perspective when we started kind of -- kind of re-engaged on the overall topic. Can that be advanced? I'm Meridian City Council Meeting Agenda January 7, 2020 – Page 70 of 552 Meridian City Council Work Session December 17, 2019 Page 15 of 22 hitting the arrows. There you go. So, we looked at the kind of primary pillars of level of service for Public Works and this is how those breakdown. So, as you can imagine regulatory compliance is a -- is a key issue. That's a nondiscretionary kind of mandated requirement for reliability, quality and, obviously, that -- that really evolves around compliance. You are either -- you either do or you don't. Customer service is really getting that feedback from our citizens in regards to their perception and perspective of the service that we provide. Reliability, really understanding the system risk and providing continuous uninterrupted services is certainly our goal and our target and quality in this context is largely those items that we manage from -- from an internal operational and maintenance proactive practice standpoint. So, under those pillars, then, we created a number of key performance indicators for consideration and you can see how those line up under those respective pillars. The items that are in white have been measured for quite some time. We have got good history and good detail. Those that are in red are items that we are pursuing as a department. We have varying levels of -- of development on those, but you can kind of see the types of items that we are measuring and are recommending that could be candidates for Council and forward facing kinds of metrics for the community to be aware of. If we look a little bit closer on those that we highlighted in white, you will see that the regulatory compliance item is really -- it's an in or out kind of thing and you will see that we have four primary regulatory areas that we must comply with in our day-to-day operations. Of course, IPDES is the wastewater permit that we are operating against. Reuse water permit, air permit, and, then, of course, the water regulations is regulated by the Safe Drinking Water Act and I'm pleased to announce that as you see the three year history here, that we have not had any major actions of nonconformance on any of those permits. So, really a testament to the -- to the leadership of our utilities superintendents right on down. We take this as job number one. Let's make sure we comply with these regulatory requirements. When we shift over and look at customer satisfaction, we do have a fairly detailed documentation of the kinds of contacts that we get from our customers, both on the water and wastewater side and the majority of those, unfortunately, are complaints. We do get a few compliments, but as we always have a tendency to look to how we can do better, you know, our primary interest is understanding those complaints. And to put that into context, if you now drill in just a little deeper on the water side, you can see on this chart that we have taken those complaints and indexed them against a thousand customers. That's an industry standard measure. And the AWWA benchmark, which is at two complaints per thousand standard, that we are well below that and -- and trending down. If we drill a little bit deeper, still talking about water, giving you an idea of some of the reasons, you can see that under appearance, pressure, odor, taste, those are the primary areas that we get feedback on and I'm very pleased to see and will continue to hopefully see the area of appearance, which really involves the brown water, discolored water kinds of issues and you can see that trending as we develop new policies and procedures around how we deal with that. A major contributor is the treatment facilities that we are putting in and the modified flushing processes that go along with that. So, we are -- we are tracking, we are looking for opportunities, dissecting these as far as we can drill down and use them for corrective action. Now, if we shift over on the wastewater side, you will see a similar picture. We do have a national benchmark. You will see that the City of Meridian is well below that in terms of complaints per thousand customers and an appropriate trend is we look at -- at Meridian City Council Meeting Agenda January 7, 2020 – Page 71 of 552 Meridian City Council Work Session December 17, 2019 Page 16 of 22 that as well. Here are responses -- we have a fewer number of complaints from the sewer side, but you can see that the tallest bar here is missing and damaged manholes, followed by the other category, which is a variety of kind of random contacts that we get. So, an idea of just some of the things that we are dealing with and trying to make proactive action for improvement. One of the areas in reliability that has a national benchmark is actually main breaks and although we want to avoid them like the plague, we do have a few of those in the City of Meridian. This particular metric is measured on breaks per hundred miles of pipe and you can see that the national average is about three breaks per hundred miles and you will see that we are well below that at .3. So, an order of magnitude of ten below that and that actually represents about two main breaks in the City of Meridian a year. So, it's a -- it's extremely low. A good indicator. But I think it also represents a new -- a fairly new system that we have comparatively to other communities. So, those are -- those are the -- the items that we feel like we have most developed and, then, a variety of the others that we showed you. This is actually the kind of dashboard information that you have access to today and are receiving, with sales data, project numbers, customer accounts and how that's growing and I think I will end with the question that I think all of us are looking for is -- you know, is this the kind of information that you would like to see, that you think our citizens would like to see. Are you getting the right stuff? If not what do you want to see. We have a lot of other information as we try to manage our day-to- day utility operations and things and so we look -- we look for that -- that guidance and I would be happy to stand for questions. De Weerd: Thank you, Dale. Council, any questions? Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: Madam Mayor, no questions. I think that information is wonderful and exactly what people need to see. But first and foremost I just want to say thank you for being your liaison to you and your team. It has truly been a wonderful, amazing, learning experience and it's just -- I mean if the citizens of Meridian could only know the depth and the amazing people that are behind the water that always comes on and goes away and does what it's supposed to do, it's truly just -- no amount of appreciation is enough for what you and your team do. So, thank you. Bolthouse: Thank you for those comments. I'm trying to see if Liz is running out the door. She's -- she's still -- she's still sitting there, so that's good, so -- De Weerd: Any other comments or questions? I think we have told you and your team many times the appreciation this elected body has for the work and the pride that they take in our facilities, the care they take, and appreciate to detail. This is just the -- the tip of the iceberg and in the data that they analyze and -- and evaluate to make sure that they continue to do what's right for our citizens and -- and our customers. So, thank you, Dale, thank you to your team. We greatly appreciate the work you do. Meridian City Council Meeting Agenda January 7, 2020 – Page 72 of 552 Meridian City Council Work Session December 17, 2019 Page 17 of 22 Bolthouse: And on behalf of the team I thank you for the support. C. Community Development: Key Performance Indicators Item 7: Recognition of Outgoing Council Members Anne Little Roberts, Ty Palmer, and Genesis Milam De Weerd: Thank you. Okay. I am -- I am going to -- I am going to move down to the podium and I will ask Mrs. Milam if she will join me down there. I'm not sure where I should stand to address Council or to address our -- our guests. Now, see, you just epitomize what my comments were going to be. Certainly the last six years have been full of surprises and certainly if we could bottle the energy that Genesis brings to this Council, to the departments that she serves as liaison, to -- to that forward looking face to our community, we would all be wealthy and walk around with a smile on our face. Always. Oh, my gosh. And there -- there have been times that I thought, oh, my gosh, Genesis. So, I just want to personally thank you for six years that you have given to this community. You have brought an analytical perspective and an attention to detail and always have brought levity to the discussions that have really been appreciated -- for the most part. And we -- we appreciate you, Genesis. I just want to present you with this plaque and we wanted it to be something that you could display on your desk and -- and take great pride in -- in the service that you have given this community. Our community is growing better because of the discussion that you bring to it. Certainly we have more tot lots around the community. This says presented in appreciation for your contribution and service to the City of Meridian from January 2014 to December 2019. Thank you. We know that your heart will continue to be in Meridian and with your family. So, thank you. Milam: All right. So, one thing that you have probably noticed about me in the last six years is I'm -- I'm not one that speaks just to hear my voice. I try to save that for when there is something important and I'm not real big on speeches and I have learned a lot. I have gotten much more comfortable with public speaking since I have been doing this and I don't want to cry, which is why I wasn't going to say anything, because you are like family and it's been a really awesome six years. I do have to go take care of my biological family. So, I'm leaving, but I'm going to miss you. I can't really -- it hasn't really sunk in that this is over yet until after I'm done I think, but I'm going to think about all of you a lot and I'm going to miss you and thank you for being my friends and my support and the whole city -- the employees, the people is what I'm going to miss most about this position and, hopefully, I will still get invited to things and come around. Say hi everyone. So, love you. De Weerd: I guess I would ask the Council, any -- any comments? Borton: Madam Mayor? De Weerd: Mr. Borton. Meridian City Council Meeting Agenda January 7, 2020 – Page 73 of 552 Meridian City Council Work Session December 17, 2019 Page 18 of 22 Borton: Thank you. Thank you for the opportunity. I was going to speak at you when you weren't sitting up there, so we could look at you, so I will kind of look sideways. There is a lot that we benefited from as a community and the Council having you as part of our team and among all of those you are the most authentic public servant. You really are. And I think anybody I have ever talked to -- employees, developers, citizens, they all say the same thing. You are genuine to the core, which has made you exceptional at what you do. It grounds all of us and how we see things and you wear your heart on your sleeve and you are wicked smart with your small business background. Right? You worked your tail off to have what you have and you bring that intelligence to your decision making. And it just -- we all are better because of that. So, thank you for providing that to all of us. You are not moving out of the country. We have got commissions and all sorts of opportunities to serve and remain a part of our city and we would be blessed if you share some of your time and talents with us. Love you. Cavener: I will say a few things then. If you ever have the chance to serve in any capacity with your friends you should do it and I'm lucky that we are all friends, but Genesis and I were friends long before we served together and this can be said for all three of our Council Members who are leaving. They all served our community before they were elected. I think that really tells a lot about this body. Two things from Genesis that I will take with me. One is that we don't have to be so damn serious all the time and I need to be reminded of that day in and day out and I'm going to miss having you beside me reminding me that I don't have to be so serious. To Council Member Borton's point, Genesis is incredibly authentic and I would say has been the most effective Council Member that we have had over the past six years and Mayor Tammy hit it on the head. We got more tot lots in this town and the development community knows if you come before the city you better have a nice tot lot if you are going to get Council Member Milam's vote and if that's not the definition of effectiveness, the applications improved because they knew they were going to be in front of you, I don't know what and so I was fortunate enough to work for the city and when I told the Mayor that I was leaving, I said just because you are not on the payroll doesn't mean you have to stop working for our community and if you don't come a knocking, the city is going to come knocking for you, so be prepared. We will miss you very much. Bernt: One last thing, Madam Mayor. You -- I can't -- there is not a whole lot more to add than what's already been said by Mr. Borton and Mr. Cavener, but there is -- there is one thing that I truly have noticed about you and it's -- it's evident in public service, but not so much in politics and that's unfortunate. That's a little bit part of what we do. But you are a beautiful soul. So, thank you for that. De Weerd: Thank you. Mrs. Little Roberts, will you come join me? So, this is -- Anne has served four years with the City of Meridian and I recall that when Councilman Zaremba announced his retirement, he wanted to make sure that the baton was passed to someone that he respected and he got really excited when he heard that Anne was going to run. As Anne has admitted through the -- the last fall and in campaigning that she listens and she speaks when she has something that she feels that she can add to the conversation, but one thing that Anne always does is appreciates our staff. She Meridian City Council Meeting Agenda January 7, 2020 – Page 74 of 552 Meridian City Council Work Session December 17, 2019 Page 19 of 22 always takes a moment to give them kudos and you feel true love up there when -- when you speak and -- and thank the presenter. It's -- it's the Meridian Way. It is that way that we all want to be treated. You have always treated everyone standing at this podium with respect and with a lot of gracious kindness. So, on behalf of the city I want to thank you for your four years of service and representing our citizens and certainly -- probably even more importantly representing our staff. So, you can definitely tell that you have a heart for them and I know that they feel it, too. This is presented in appreciation for your contribution and service to the City of Meridian from January 2016 to December 2019. And thank you for your service, Anne. Little Roberts: Well, I didn't say anything when we had the opportunity to say something to Genesis, because what I wanted to say was thank you, because without -- when David suggested -- when he came by the office you were the push that got me to run for City Council and so from the bottom of my heart thank you. It has been an amazing experience. It's been an incredible four years. Truly, truly, it is a family and it's not just those of us that are up here, but everyone that works for the city. I have felt so blessed to get to know each and every one of you. My Council team, fire, police, everyone is so special and I just -- if I could I would hug, as you guys know, each and every one of you for making Meridian what we are today and it's truly, truly, an amazing place to live and I look forward -- and I have already been talking to some people about ways to volunteer. So, I don't plan on going anywhere, but it's just been an honor to serve. So, thank you. De Weerd: Council, any comments? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I would love to. Anne, it's -- it's so wonderful to know you before you served and to be able to serve next to you on the City Council. I think of your -- the manner in which you serve reflects that you have got a little bit of Keith Bird in you. You care and you -- you ask -- whether it's our departments or of us -- about what is of interest, what is it we want to accomplish. You ask always about family and you look towards serving others before starting with what you want to do and what you think is important. You always receive first and you take input and that's -- that's a trait Keith always had, it's a trait that you have got, which I think makes you extremely successful in your service. The Mayor hit it on the head, it's -- it's why you naturally show appreciation for people who work hard and do great things for our community. Everybody loves that and it's just -- it's who you are. It's your DNA, which is -- we just love you for it. And in your service you -- among everything else you keep such a fine eye on public safety. I know it's so important to you and that's been really valuable for all of us. So, I thank you for that as well. We look forward to seeing how and where you volunteer in our city in the years to come. Little Roberts: Thank you. Meridian City Council Meeting Agenda January 7, 2020 – Page 75 of 552 Meridian City Council Work Session December 17, 2019 Page 20 of 22 De Weerd: I would be honored to serve with both of you at the front desk. Well, we need to keep an eye on you. Any other comments? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Again, it's -- it's always more enjoyable to serve with your friends and Anne is the most passionate and compassionate member of our City Council. Again, Mayor, you hit it on the head, if there is a Council Member that fiercely advocates and is a cheerleader for our employees it's Anne and two things you taught me. One I'm still working on, is that you can be a leader without opening your mouth. I think you are such a thought leader and you impact so many things just by quietly engaging with people, instead of being a little hard from this dais that I often am. The other one we can always all learn is you are just such an encourager and it doesn't matter if somebody is having the best day of their week or the worst of the day, you're encouraging them to make it better and, boy, that's one of those that is easier to say, but really hard to do and it is built into your DNA and this body is better for it, our employees are better for it, and our community is better for it and I hope that the incoming Council and this current body can embrace that, not just with our employees, but with our citizens as well, because you really were the gold standard when it came to that. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: Anne, you know, this is -- this is a lot harder than I thought it was going to be. I'm already an emotional guy as it is, you know. I cry about, you know, when people talk about cat parks and stuff and so this -- this has been hard for me to -- to find the words in which I can communicate how I really feel, but there is two things that come to mind when I think of Anne. Number one is community. There are very few people that I have met who are engaged in the community -- in all aspects the community, whether it's economic development, whether it's the service aspect of what we do, whatever the case may be, you are -- community is top of mind to you and that is a wonderful trait to have. And the second thing has been somewhat talked about is gratitude. If there is -- if -- I always look to you when -- when a compliment needs to be made on the dais toward whoever is giving a presentation, because no one does it better than you and if -- excuse me. And if there is a trait that is -- that connects people together it's gratitude and showing thanks to those with whom you serve and those with whom you love. So, thank you so much. It's been a pleasure. Milam: Madam Mayor? De Weerd: Mrs. Milam. Meridian City Council Meeting Agenda January 7, 2020 – Page 76 of 552 Meridian City Council Work Session December 17, 2019 Page 21 of 22 Milam: Well, thank you for listening to me. I was right. And it's been -- it's been a fun, great experience having you on the Council the last four years. So, I'm really glad that you did decide to run and to make that dive. I hope that -- I'm glad you guys are all out there, that you guys can keep this fun. Because everything doesn't have to be serious, even when things are serious and don't give up on the tot lots and, Anne, I have actually probably seen you less -- and for personal reasons over the last four years than before, so let's go get some -- De Weerd: Okay. With that we are at the end of our agenda. Okay. Borton: I love the look on your face right now. Is that priceless? The I don't know what's going to happen here. So, here is the deal. It's great to -- and we appreciate recognizing the Council and our team. You can tell we are emotional. But attitude reflects leadership and you have been our leader of this Council and prior Councils. There is lots of people who have had an opportunity to serve with you up here, to learn from you, and to be a partner in making Meridian a better place and you have been the captain of the ship to make that happen. So, our Council -- current and former -- former Council wanted to give you a little something. You are retiring, you are going to have lots of time to sit around and relax and read, so we have got you a little something -- De Weerd: Oh, is that a rocking chair? It goes with my trike; right? Borton: But it's more than just that. So, it's a wonderful rocking chair, a symbol of your retirement, but it also is signed by the current and former Council, front and back, who have all left you a message describing what serving with you has meant to them and to the community. So, we have got -- and Marge Bird signed it as well, which we think is really great. So, we have got all the current, former -- as you relax in retirement. So, thank you for serving with all of us. If you want to come test drive it for a picture, come on down. (Pictures taken.) Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I move that we adjourn. Bernt: Second. De Weerd: I have a motion and a second to adjourn. All those in favor say aye. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 5:40 P. M. Meridian City Council Meeting Agenda January 7, 2020 – Page 77 of 552 Meridian City Council Work Session December 17, 2019 Page 22 of 22 (AUDIO RECRDING ON FILE OF THESE PROCEEDINGS) —/ /-2L26 MA OR T Y DE WEERD DATE APPROVED QoED AUGUST, ATTES o�'� 0 a city of CHRIJOH N - ITY CLER IDAHO s^ SEAL E IDIZNIA*,----- �J CITY COUNCIL WORK SESSION AGENDA December 17, 2019 Agenda Item Number: 3 A Item Title: Approve Minutes of December 3, 2019 City Council Work Session Meeting Notes: 1�6 I TEM SHEET C ouncil Agenda I tem - 3.A . Presenter: Estimated Time f or P resentation: 0 Title of I tem - Approve M inutes of December 3, 2019 C ity C ouncil Work S ession AT TAC HM E NT S: Description Type Upload D ate Meeting Minutes Minutes 12/9/2019 Meridian City Council Meeting Agenda December 17, 2019 – Page 4 of 504 Meridian City Council Work Session December 3, 2019 Page 36 of 36 De Weerd: Just -- yeah. Okay. I would -- the last item we also have posted on the regular meeting agenda, so at this point I would entertain a motion to adjourn our work session. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Move we adjourn. Cavener: Second. De Weerd: I have a motion and a second to adjourn our work session. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 6:08 P.M. (AUDIO RE LE OF THESE PROCEEDING rG-S) r� /�� �/—/�9 MAYOR TAMMY DE WEERD DATE APPROVED ATTEST: G&PORA GN By Adrienne therly, Deputy Clerk n Z �� O CjQ/fENi*,---DAN-I DAH CITY COUNCIL WORK SESSION AGENDA December 17, 2019 Agenda Item Number: 3 B Item Title: Approve Minutes of December 3, 2019 City Council Regular Meeting Meeting Notes: 00 I TEM SHEET C ouncil Agenda I tem - 3.B . Presenter: Estimated Time f or P resentation: 0 Title of I tem - Approve M inutes of December 3, 2019 C ity C ouncil Regular M eeting AT TAC HM E NT S: Description Type Upload D ate Meeting Minutes Minutes 12/9/2019 Meridian City Council Meeting Agenda December 17, 2019 – Page 41 of 504 Meridian City Council December 3, 2019 Page 80 of 80 Cavener: However -- correct. And I think these are all conversations about what makes sense -- De Weerd: Right. Cavener: -- with each group. We have got to improve that process. De Weerd: Perfect. Okay. If there is nothing further, I would entertain a motion to adjourn. Cavener: I move we adjourn the meeting. Bernt: Second. De Weerd: I have a motion and a second to adjourn. And all those in favor say aye. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 10:43 P.M. (AUDIO FILE OF THESE PROCEEDINGS) 12- / (9 /�-q MAYOR TAMMY DE WEERD DATE APPROVED ATTEST: a By Adrien erly, Deputy Clerk OPQDRATED T G � 2 City or � w B ID All . �� SEAL / EIDIAN?- CITY COUNCIL WORK SESSION AGENDA December 17, 2019 Agenda Item Number: 3 C Item Title: Appex Offsite Sewer Easement Meeting Notes: M", I TEM SHEET C ouncil Agenda I tem - 3.C. Presenter: Estimated Time f or P resentation: 0 Title of I tem - Apex Offsite S ewer E asement AT TAC HM E NT S: Description Type Upload D ate E asement E xhibit 12/10/2019 Meridian City Council Meeting Agenda December 17, 2019 – Page 122 of 504 ADA COUNTY RECORDER Phil McGrane 2019-127584 BOISE IDAHO Pgs=6 LISA BATT 12/19/2019 12:55 PM CITY OF MERIDIAN, IDAHO NO FEE Prosect Name (Subdivision): Apex Offste Sewer Sanitary Sewer Easement Numbei-: Identify this Easement by sequential number if Project contains more than one sanitary sewer casement. ( See Instructions for additional information). THIS Easement Agreement, made this irT*' day of DBLambjej 20A0 1—between Brighton Investments LLC ("Grantor"), and the City of Meridian, an Idaho Municipal Corporation ("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through underground pipelines to be constructed by 'others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer their allied facilities, together with their maintenance, repair and replacement ' at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this casement. THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein, Sanitary Sewer Easement REV. 05/31/19 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 D e c e m b e r 1 7 , 2 0 1 9 – P a g e 1 2 4 o f 5 0 4 GRANTEE: CITY OF MERIDIAN , Mayor Attest By Adrien eatherly, Deputy Clerk STATE OF IDAHO, ) ss. County of Ada ) This record was acknowledged before me on (date) by Tammy de Weerd and a'�l, P rl on on behalf of the City of Meridian, in their capacities as Mayor and Oe-PLA Clerk, respectively, CHARLNfWAY Notary Signature n COMMISSION #67390 My Commission Expires: 1 `0 "A 002a NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRES 3128/22 Sanitary Sewer Easement REV. 05/31/19 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 D e c e m b e r 1 7 , 2 0 1 9 – P a g e 1 2 6 o f 5 0 4 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 D e c e m b e r 1 7 , 2 0 1 9 – P a g e 1 2 7 o f 5 0 4 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 D e c e m b e r 1 7 , 2 0 1 9 – P a g e 1 2 8 o f 5 0 4 EIDIAN?- DAHJ CITY COUNCIL WORK SESSION AGENDA December 17, 2019 Agenda Item Number: 3 D Item Title: Final Plat for Bainbridge Subdivision No. 11 (H-2019-0125) By Brighton Investments, LLC. Located at the SE Corner of W. Chinden Blvd./SH 2O-26 and N. Tree Farm Way Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 3.D. Presenter: Estimated Time f or P resentation: 0 Title of I tem - F inal P lat for B ainbridge Subdivision No. 11 (H-2019-0125) by B righton Investments, L L C , Located at the S E corner of W. Chinden Blvd./Hwy 20/26 and N. T ree F arm Way C lic k Here for Applic ation Materials AT TAC HM E NT S: Description Type Upload D ate S taff Report S taff Report 12/9/2019 Meridian City Council Meeting Agenda December 17, 2019 – Page 129 of 504 Page 1 HEARING DATE: 12/17/2019 TO: Mayor & City Council FROM: Sonya Allen, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2019-0125 Bainbridge Subdivision No. 11 LOCATION: Southeast corner of W. Chinden Blvd./ SH 20-26 and N. Tree Farm Way, in the NE ¼ of Section 27, T.4., R.1W. (Parcel #S0427120710) I. PROJECT DESCRIPTION The Applicant proposes a Final Plat consisting of 106 building lots, 6 common lots, and 7 other lots on 23.45 acres of land in the R-15 zoning district. This project was included in the Bainbridge North Subdivision preliminary plat but will be constructed as the 11th phase of Bainbridge Subdivision, the development to the south. II. APPLICANT INFORMATION A. Applicant: Brighton Investments, LLC – 2929 W. Navigator Dr., Ste. 400, Meridian, ID 83642 B. Owner: Same as Applicant C. Representative: Kody Daffer, Brighton Corporation – 2929 W. Navigator Dr., Ste. 400, Meridian, ID 83642 III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat (H-2019-0074 – Bainbridge North) in accord with the requirements listed in UDC 11-6B-3C.2. Because the number of buildable lots and common area is the same as shown on the approved STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Meridian City Council Meeting Agenda December 17, 2019 – Page 130 of 504 Page 2 preliminary plat, staff deems the final plat in substantial compliance with the approved preliminary plat. IV. DECISION Staff recommends approval of the proposed final plat within the conditions noted in Section VIII of this report. V. EXHIBITS A. Preliminary Plat (date: 6/6/19) Meridian City Council Meeting Agenda December 17, 2019 – Page 131 of 504 Page 3 B. Final Plat (date: 9/26/2019) Meridian City Council Meeting Agenda December 17, 2019 – Page 132 of 504 Page 4 Meridian City Council Meeting Agenda December 17, 2019 – Page 133 of 504 Page 5 Meridian City Council Meeting Agenda December 17, 2019 – Page 134 of 504 Page 6 C. Landscape Plan (dated: 10/21/2019) Meridian City Council Meeting Agenda December 17, 2019 – Page 135 of 504 Page 7 Meridian City Council Meeting Agenda December 17, 2019 – Page 136 of 504 Page 8 Meridian City Council Meeting Agenda December 17, 2019 – Page 137 of 504 Page 9 Meridian City Council Meeting Agenda December 17, 2019 – Page 138 of 504 Page 10 D. Common Driveway Exhibit VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall comply with all previous conditions of approval associated with this development (H-2019-0074, Development Agreement #2018-047368 – Bainbridge North Subdivision). 2. The applicant shall obtain the City Engineer’s signature on the subject final plat within two years of the City Council’s approval of the preliminary plat (by September 24, 2021), or apply for a time extension, in accord with UDC 11-6B-7. 3. Prior to submittal for the City Engineer’s signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by KM Engineering stamped on 9/26/2019 by Aaron L. Ballard, included in Section VII.B shall be revised as follows: References (Sheet 1): a. R4.: Include Book and Page numbers Notes (Sheet 4): b. Note #1: “. . . approved with the Planned Unit Development (H-2019-0074) . . .” c. Note #12: Include the recorded instrument number of the sewer and water easement. d. Note #19: Include recorded instrument number for ACHD license agreement. Meridian City Council Meeting Agenda December 17, 2019 – Page 139 of 504 Page 11 e. Depict zero (0) lot lines on those lots that have shared walls as shown on the site plan approved with the planned development (i.e. all perimeter lots adjacent to W. Chinden Blvd./SH 20-26, N. Tree Farm Way and W. Lost Rapids Dr. except for Lots 17-22, Block 1). f. Make any changes necessary to accommodate 14 additional parking spaces for guests dispersed between Lot 92, Block 1 and the eastern common lot (shown as Lot 154 on the preliminary plat) in Phase 2 in accord with preliminary plat condition #VIII.A.2b. 5. The landscape plan prepared by Alyssa Yensen, KM Engineering, dated 10/21/19, needs to be revised prior to signature on the final plat by the City Engineer, as follows: a. Two (2) additional trees are required in the street buffer along W. Chinden Blvd./SH 20-26 per the standards listed in UDC 11-3B-7C.3b, which require one (1) tree per 35 linear feet. b. At a minimum, one (1) tree shall be added in the common area with the micro-path between Lots 48 and 49, Block 1 in accord with UDC 11-3B-12C.2. c. Depict a 10-foot wide compacted gravel shoulder meeting the construction standards of ACHD and landscaping (lawn or other vegetative groundcover) along W. Chinden Blvd./SH 20-26 if the unimproved right-of-way is 10 feet or greater from edge of pavement to edge of sidewalk or property line in accord with UDC 11-3B-7C.5. A license agreement will be required with ACHD for any improvements within the right-of-way. d. Depict 14 additional parking spaces for guests dispersed between Lot 92, Block 1 and the eastern common lot (shown as Lot 154 on the preliminary plat) in Phase 2 in accord with preliminary plat condition #VIII.A.2b. e. Depict the location of the gates across the private street entries to the development; the gates shall be located a minimum of 50 feet back from the ultimate edge of right-of-way to the connecting public street to allow sufficient stacking distance as set forth in UDC 11-3F-4A.4. f. The detail (#8 on Sheet L1.5) for the noise abatement buffer for residential uses adjacent to SH-20/26/Chinden Blvd. shall be revised to comply with the standards listed in UDC 11 -3H- 4D.3. Wood fencing doesn’t qualify as a sound attenuating material; if a wall is proposed, it shall be impervious concrete or stucco or other appropriate sound attenuating material. The Director may approve alternative compliance as set forth in 11-5B-5 where the Applicant has a substitute noise abatement proposal in accord with ITD standards and prepared by a qualified sound engineer as set forth in UDC 11-3H-4D.4. g. Depict the footprint for the community center on Lot 119, Block 1. 6. Parking is only allowed on one side of the internal private streets; the opposite sides shall be signed “No Parking – Fire Lane.” Parking should be provided on the sides in front of the alley accessed units rather than in front of the patio homes with front accessed garages. 7. No parking is allowed in alleys or within street sections where medians are proposed; install “No Parking – Fire Lane” signage accordingly. The parallel parking spaces off the alleys are allowed. 8. Provide address signage at the private street for homes on Lots 6 and 7, Block 1 accessed by the common driveway for emergency wayfinding purposes. 9. Development of Lots 4, 6-8, Block 1 shall be consistent with the common driveway exhibit in Section V.D. 10. A perpetual ingress/egress easement shall be filed with the Ada County Recorder for the common driveway on Lot 5, Block 1, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. A copy of the recorded easement shall be submitted to the Planning Division prior to signature on the final plat by the City Engineer. Meridian City Council Meeting Agenda December 17, 2019 – Page 140 of 504 Page 12 11. A community center is required to be constructed on Lot 119, Block 1 as proposed with the preliminary plat. A Certificate of Zoning Compliance and Administrative Design Review application shall be submitted to the Planning Division and approved prior to application for a building permit. A building permit is allowed to be issued for the community center prior to recordation of the final plat. 12. All attached structures are required to comply with the residential design standards listed in the Architectural Standards Manual. An administrative design review application shall be submitted to the Planning Division and approved prior to submittal of building permit applications; one design review application may be submitted for the overall development. 13. Staff’s failure to cite specific ordinance provisions or conditions from the conditional use permit/planned development, preliminary plat and/or development agreement does not relieve the Applicant of responsibility for compliance. B. Public Works Site Specific Conditions: 1. The street lighting plan submitted with the application appears to comply with Meridian City Standards based on a preliminary review. Please ensure that all existing streetlights are shown on the street light plans. Applicant shall enter into a future streetlight installation agreement for the streetlights on W. Chinden Boulevard (Hwy 20/26). The agreement shall be for the installation of 4 Type-1 streetlights. Contact the Transportation and Utility Coordinator at 898-5500 for additional details. 2. Consider realigning sewer mainline D on Sheet C5.1. We would prefer to avoid having the 8-inch main ran in such close of proximity to the seepage bed. Also, please revise manhole SSMH #G-1 inverts to carry the 0.10' drop through the manhole. General Conditions: 3. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 4. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 5. 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. 6. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 7. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities, pressurized irrigation, prior to signature on the final plat. 8. The City of Meridian requires that the owner post with the City a performance surety in the amount Meridian City Council Meeting Agenda December 17, 2019 – Page 141 of 504 Page 13 of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 9. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Deve lopment Service for more information at 887-2211. 10. In the event that an applicant and/or owner cannot complete non-life, non-safety and non-health improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. 11. 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. 12. 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. 13. Applicant shall be responsible for application and compliance with any Section 404 Permitting that ma y be required by the Army Corps of Engineers. 14. Developer shall coordinate mailbox locations with the Meridian Post Office. 15. All grading of the site shall be performed in conformance with MCC 11-1-4B. 16. 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. 17. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 18. 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. 19. 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. 20. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer’s expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator Meridian City Council Meeting Agenda December 17, 2019 – Page 142 of 504 Page 14 at 898-5500 for information on the locations of existing street lighting. 21. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20 -feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to signature of the final plat by the City Engineer. 22. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 23. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Water Department at (208)888- 5242 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources. 24. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 25. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 9-1-28.C.1). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 26. 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 addressed per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. Meridian City Council Meeting Agenda December 17, 2019 – Page 143 of 504 CjwE IDIAN,IZ I DAJ CITY COUNCIL WORK SESSION AGENDA December 17, 2019 Agenda Item Number: 3 E Item Title: Final Plat for Rackharn Subdivision (H-2019-0128) By BVA Development, LLC. Located at 1020 S. Eagle Rd Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 3.E . Presenter: Estimated Time f or P resentation: 0 Title of I tem - F inal P lat for Rackham Subdivision (H-2019-0128) by B VA Development, L L C , L ocated at 1020 S. Eagle Rd. C lic k Here for Applic ation Materials AT TAC HM E NT S: Description Type Upload D ate S taff Report S taff Report 12/10/2019 Meridian City Council Meeting Agenda December 17, 2019 – Page 144 of 504 Page 1 HEARING DATE: 12/17/2019 TO: Mayor & City Council FROM: Sonya Allen, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2019-0128 Rackham Subdivision LOCATION: Southeast corner of I-84 & S. Eagle Rd. at 1020 S. Eagle Rd. (S1116325510) I. PROJECT DESCRIPTION The Applicant proposes a Final Plat consisting of 20 building lots on 51.59 acres of land in the C-G zoning district. II. APPLICANT INFORMATION A. Applicant: BVA Development – 2775 W. Navigator Dr. #220, Meridian, ID 83642 B. Owner: BVABC Eagle View, LLC – 2775 W. Navigator Dr., 2nd Floor, Meridian, ID 83642 C. Representative: Geoffrey Wardle, Spink Butler, LLP – 251 E. Front Street, #200, Boise, ID 83702 III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat in accord with the standards listed in UDC 11-6B-3C.2. The proposed plat contains the same number of building lots as shown on the preliminary plat. Therefore, Staff finds the proposed plat is in substantial compliance with the approved preliminary plat as required, subject to the conditions in Section VI. STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Meridian City Council Meeting Agenda December 17, 2019 – Page 145 of 504 Page 2 IV. DECISION Staff: Staff recommends approval of the proposed final plat within the conditions noted in Section VIII of this report. V. EXHIBITS A. Preliminary Plat (date: 5/3/2019) Meridian City Council Meeting Agenda December 17, 2019 – Page 146 of 504 Page 3 B. Final Plat (date: 12/10/2019) Meridian City Council Meeting Agenda December 17, 2019 – Page 147 of 504 Page 4 Meridian City Council Meeting Agenda December 17, 2019 – Page 148 of 504 Page 5 C. Landscape Plan (dated: 10/25/19) Meridian City Council Meeting Agenda December 17, 2019 – Page 149 of 504 Page 6 Meridian City Council Meeting Agenda December 17, 2019 – Page 150 of 504 Page 7 Meridian City Council Meeting Agenda December 17, 2019 – Page 151 of 504 Page 8 VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall comply with all previous conditions of approval associated with this development (H-2018-0126, Development Agreement #2019-037825; and H-2019-0081, amended Development Agreement #2019-088365). 2. The applicant shall obtain the City Engineer’s signature on the subject final plat within two years of the City Council’s approval of the preliminary plat (by July 23, 2021); or apply for a time extension, in accord with UDC 11-6B-7. 3. Prior to submittal for the City Engineer’s signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by Horrocks Engineers, stamped on 12/10/2019 by Fritz Brownell, included in Section VII.B shall be revised as follows: a. Modify Note #10 as follows: “. . . Instrument No. 2019-037825. . .” b. There are two notes under note #10; include a separate note for the NMID license agreement. c. Note #12: Include recorded instrument number. d. Note #13: Include the recorded instrument number for the ACHD license agreement. Meridian City Council Meeting Agenda December 17, 2019 – Page 152 of 504 Page 9 e. Note #14: Include the recorded instrument number for the NMID license agreement. f. Note 15: Include the recorded instrument number for the CC&R’s. g. Re-number Note 13 (currently shown after note #15) and include information on what the temporary license agreement is for. h. The buffer along S. Silverstone Way shall be depicted on a common lot or on a permanent dedicated buffer maintained by the business owners’ association in accord with UDC 11-3B-7C.2b. j. Add a note referencing the recorded instrument number for the cross-access easement and maintenance agreement for the (east/west) shared driveway with the property to the south along the southern boundary of the site west of S. Silverstone Way (depicted as #18); submit a recorded copy of the easement agreement to the Planning Division. 5. The landscape plan prepared by Baer Design Group, LLC, dated 10/25/19, shall be revised as follows: a. Trees planted within the clear vision triangle adjacent to S. Silverstone Way shall be pruned to a minimum height of 8 feet above the ground or sidewalk surface and 14 feet above the adjacent street surface as set forth in UDC 11-3A-3B.2; or, they shall be relocated outside of the vision triangle. b. Adjacent to I-84, if the unimproved right-of-way is 10 feet or greater from the edge of pavement to edge of sidewalk or property line, a 10-foot wide gravel shoulder shall be maintained meeting the construction standards of the transportation authority and the remainder shall be landscaped with lawn or other vegetative groundcover; a license agreement is required for any landscape improvements within the right-of-way, as set forth in UDC 11-3B-7C.5. Note: Although not required with this application, a 25-foot wide landscape buffer to adjoining residential uses is required with lot development in accord with the standards listed in UDC 11-3B-9C as applicable. 6. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plat and/or development agreement does not relieve the Applicant of responsibility for compliance. B. Public Works Site Specific Conditions: 1. Please address the following specific comments regarding the development plans: a. Note 38 calls for 6" PVC SDR-35 Sewer Lines. I'm assuming these are service lines not sewer main lines. Sewer main lines must be 8". Update note or update line size accordingly. b. Add note that all service lines must be a minimum of 2% slope. c. Add lengths of service lines to plans. d. Service line connecting to SSMH-A1 does not have 3 ft. of cover. 3 ft. of cover required. e. Sewer main line connecting to SSMH-A1 does not have 3 ft. of cover in all areas. 3 ft. of cover required. f. Distance between SSMH-A1 and SSMH-A3 exceeds 400 ft. Max allowed spacing is 400 ft. g. Manhole labeling shall be in consecutive order. This is not the case as there is no SSMH - Meridian City Council Meeting Agenda December 17, 2019 – Page 153 of 504 Page 10 A2. Re-number manholes accordingly. h. Angle of between the west pipe and south piping coming into SSMH-A4 must be 90 degrees minimum. Currently it is less than this and needs to be adjusted. i. SSMH-A6 Rim needs to extend to proposed pavement. j. Clean-out required on 8" line where sewer main ends on north side of the Road B and Road C intersection. k. SSMH-C1 is missing label name and rim in profile view. l. No service line for Lot 2. How will lot be serviced? m. No service line for Lot 8. How will lot be serviced? n. No service line for Lot 10. How will lot be serviced? o. No service line for Lot 11. How will lot be serviced? General Conditions: 2. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 3. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and throu gh this development, coordinate main size and routing with Public Works. 4. 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 performanc e surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 5. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 6. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities, pressurized irrigation, prior to signature on the final plat. 7. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 8. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be Meridian City Council Meeting Agenda December 17, 2019 – Page 154 of 504 Page 11 found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 9. In the event that an applicant and/or owner cannot complete non-life, non-safety and non-health improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. 10. 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. 11. 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. 12. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 13. Developer shall coordinate mailbox locations with the Meridian Post Office. 14. All grading of the site shall be performed in conformance with MCC 11-1-4B. 15. 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. 16. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 17. 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. 18. 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. 19. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer’s expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 20. 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 Meridian City Council Meeting Agenda December 17, 2019 – Page 155 of 504 Page 12 submitted, reviewed, and approved prior to signature of the final plat by the City Engineer. 21. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 22. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Water Department at (208)888-5242 for inspections of disconnection of services. Wells may be used for non- domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources. 23. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 24. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 9-1-28.C.1). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 25. 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 addressed per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. Meridian City Council Meeting Agenda December 17, 2019 – Page 156 of 504 EIDIANDAH; CITY COUNCIL WORK SESSION AGENDA December 17, 2019 Agenda Item Number: 3 F Item Title: Final Plat Modification for Turf Farm No. 2 (H-2019-0124) By Brighton Investments, LLC. Located on the North Side of E. Lake Hazel Rd., East of S. Eagle Rd. Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 3.F. Presenter: Estimated Time f or P resentation: 0 Title of I tem - F inal P lat M odification for Turf F arm No. 2 (H-2019-0124) by Brighton Investments, L L C , Located on the North S ide of E . Lake Hazel Rd., E ast of S. Eagle Rd. C lick Here for A pplication Materials AT TAC HM E NT S: Description Type Upload D ate S taff Report S taff Report 12/9/2019 Meridian City Council Meeting Agenda December 17, 2019 – Page 157 of 504 Page 1 HEARING DATE: 12/17/2019 TO: Mayor & City Council FROM: Sonya Allen, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2019-0124 Turf Farm Sub. No. 2 - MFP LOCATION: East side of S. Eagle Rd., north of E. Lake Hazel Rd. I. PROJECT DESCRIPTION The Applicant proposes a modification to the Final Plat approved for Hill’s Century Farm Subdivision No. 12 (H-2019-0008) to change the boundary of the phase and reduce the number of building lots from 62 to 42, the number of common lots from 5 to 4 and reduce the land area from 12.22 to 8.61 acres. II. APPLICANT INFORMATION A. Applicant: Brighton Investments, LLC – 2929 W. Navigator Dr., Ste. 400, Meridian, ID 83642 B. Owner: Same as Applicant C. Representative: Kody Daffer, Brighton Development, Inc. – 2929 W. Navigator Dr., Ste. 400, Meridian, ID 83642 III. STAFF ANALYSIS Staff has reviewed the proposed final plat modification for substantial compliance with the approved preliminary plat as required by UDC 11-6B-3C. The total number of building lots approved with the preliminary plat was 158 – the final plat for Hill’s Century Farm Sub. 10 (the northern portion of the preliminary plat) contained 55 building lots; the final plat for Turf Farm Sub. 1 contained 49 building lots; and the final plat for this phase contains 42 building lots for a total of 12 fewer building lots than depicted on the preliminary plat. [Note: there are a few (i.e. 3+/-) building lots at the southwest corner of this site adjacent to Eagle Rd. that were included in the preliminary plat that are now proposed to be STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Meridian City Council Meeting Agenda December 17, 2019 – Page 158 of 504 Page 2 included in a future preliminary plat for the property adjacent to this site at the corner of S. Eagle Rd. and E. Lake Hazel Rd.] The amount of overall open space depicted on previously approved and proposed final plats is greater than originally proposed. Therefore, Staff finds the proposed final plat is in substantial compliance with the approved preliminary plat as required by UDC 11-6B-3C.2. A final plat for the northern portion of Phase 12 has already been approved (i.e. Turf Farm Sub. 1 – H- 2019-0095). This is the final phase of the Turf Farm Subdivision preliminary plat. A segment of the City’s multi-use pathway system is proposed as an amenity along the Ten Mile Creek. IV. DECISION Staff: Staff recommends approval of the proposed final plat modification within the conditions noted in Section VIII of this report. V. EXHIBITS A. Preliminary Plat (date: 1/29/2018) Meridian City Council Meeting Agenda December 17, 2019 – Page 159 of 504 Page 3 B. Approved Final Plat (date: 10/10/2019) C. Proposed Final Plat (dated: 10/25/19) Meridian City Council Meeting Agenda December 17, 2019 – Page 160 of 504 Page 4 D. Approved Landscape Plan (dated: 1/11/19) E. Proposed Landscape Plan (dated: 11/25/19) Meridian City Council Meeting Agenda December 17, 2019 – Page 161 of 504 Page 5 VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall comply with all previous conditions of approval associated with this development (H-2017-0149, Development Agreement #2018-034522 – Turf Farm). 2. The applicant shall obtain the City Engineer’s signature on the subject final plat within two years of the City Council’s approval of the previous phase final plat; or apply for a time extension, in accord with UDC 11-6B-7. 3. Prior to submittal for the City Engineer’s signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by KM Engineering stamped on 10/25/2019 by Aaron L. Ballard, included in Section VII.B shall be revised as follows: a. Note #12: Delete note (not applicable) b. Note #13: Include recorded instrument number for ACHD landscape license agreement. c. Note #19: Include recorded instrument number for pathway easement. d. Note #20: Include recorded instrument number for ACHD sidewalk easement. e. Under References on Sheet 1, complete the book and page numbers (R2.). 5. The landscape plan prepared by KM Engineering, dated 11/25/19 shall be revised as follows: a. Widen the 5-foot wide pathway to 10 feet from the cul-de-sac to E. Lake Hazel Rd. where the emergency access is located. b. A minimum 5-foot wide landscape strip is required along each side of the multi-use pathway along the Ten Mile Creek planted with a mix of trees, shrubs, lawn or other vegetative groundcover. A minimum of one tree is required per 100 linear feet of pathway. c. Include a detail for the proposed fencing that complies with the standards listed in UDC 11- 3A-7A. 6. Future homes constructed in this development shall substantially comply with the conceptual elevations approved with H-2017-0149. 7. The Ten Mile Creek shall remain open as a natural amenity and not be piped or otherwise covered in accord with UDC 11-3A-6 and shall be protected during construction. 8. Prior to any development occurring in the Overlay District, a hydraulic and hydrologic analysis is required to be completed and submitted to the City and approved by the Floodplain Administrator per MCC 10-6. 9. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plat and/or development agreement does not relieve the Applicant of responsibility for compliance. B. Public Works Site Specific Conditions: 1. A Floodplain Development Permit is required for this development. Please contact Jason Korn in the Public Works Department with any questions. Meridian City Council Meeting Agenda December 17, 2019 – Page 162 of 504 Page 6 General Conditions: 2. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 3. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 4. 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. 5. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 6. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities, pressurized irrigation, prior to signature on the final plat. 7. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate p rovided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 8. The City of Meridian requires that the owner post to the City a warranty surety in the a mount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 9. In the event that an applicant and/or owner cannot complete non-life, non-safety and non-health improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. 10. 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. 11. 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. 12. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 13. Developer shall coordinate mailbox locations with the Meridian Post Office. Meridian City Council Meeting Agenda December 17, 2019 – Page 163 of 504 Page 7 14. All grading of the site shall be performed in conformance with MCC 11-1-4B. 15. 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. 16. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 17. 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. 18. 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. 19. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer’s expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 20. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to signature of the final plat by the City Engineer. 21. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 22. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Water Department at (208)888-5242 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources. 23. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 24. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 9-1-28.C.1). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, Meridian City Council Meeting Agenda December 17, 2019 – Page 164 of 504 Page 8 the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 25. 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 addressed per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. Meridian City Council Meeting Agenda December 17, 2019 – Page 165 of 504 C'.E IDIANIZfi-- DAH i, CITY COUNCIL WORK SESSION AGENDA December 17, 2019 Agenda Item Number: 3 G Item Title: Acceptance of the Adopted and Approved Fiscal Year 2019 Audit of the Meridian Development Corporation Meeting Notes: a, I TEM SHEET C ouncil Agenda I tem - 3.G. Presenter: Estimated Time f or P resentation: 0 Title of I tem - Acceptance of the Adopted and Approved F iscal Year 2019 Audit of the M eridian Development Corporation AT TAC HM E NT S: Description Type Upload D ate A udit E xhibit 12/12/2019 F inancial S tatements E xhibit 12/12/2019 A mended F Y19-20 B udget Cover Memo 12/12/2019 F Y20 D raf t B udget Cover Memo 12/12/2019 Meridian City Council Meeting Agenda December 17, 2019 – Page 166 of 504 What inspires you, inspires us. | eidebailly.com 877 W. Main St., Ste. 800 | Boise, ID 83702-5858 | T 208.344.7150 | F 208.344.7435 | EOE 1 November 26, 2019 Members of the Board of Commissioners Meridian Development Corporation Meridian, Idaho We have audited the financial statements of Meridian Development Corporation as of and for the year ended September 30, 2019, and have issued our report thereon dated November 26, 2019. Professional standards require that we advise you of the following matters relating to our audit. Our Responsibility in Relation to the Financial Statement Audit under Generally Accepted Auditing Standards and Government Auditing Standards As communicated in our letter dated September 30, 2019, our responsibility, as described by professional standards, is to form and express opinions about whether the financial statements that have been prepared by management with your oversight are presented fairly, in all material respects, in accordance with accounting principles generally accepted in the United States of America. Our audit of the financial statements does not relieve you or management of your respective responsibilities. Our responsibility, as prescribed by professional standards, is to plan and perform our audit to obtain reasonable, rather than absolute, assurance about whether the financial statements are free of material misstatement. An audit of financial statements includes consideration of internal control over financial reporting as a basis for designing audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity’s internal control over financial reporting. Accordingly, as part of our audit, we considered the internal control of Meridian Development Corporation solely for the purpose of determining our audit procedures and not to provide any assurance concerning such internal control. We are also responsible for communicating significant matters related to the audit that are, in our professional judgment, relevant to your responsibilities in overseeing the financial reporting process. However, we are not required to design procedures for the purpose of identifying other matters to communicate to you. Planned Scope and Timing of the Audit We conducted our audit consistent with the planned scope and timing we previously communicated to you. Meridian City Council Meeting Agenda December 17, 2019 – Page 167 of 504 2 Compliance with All Ethics Requirements Regarding Independence The engagement team, others in our firm, as appropriate, our firm, and our network firms have complied with all relevant ethical requirements regarding independence. Qualitative Aspects of the Entity’s Significant Accounting Practices Significant Accounting Policies Management has the responsibility to select and use appropriate accounting policies. A summary of the significant accounting policies adopted by Meridian Development Corporation is included in Note 1 to the financial statements. There have been no initial selection of accounting policies and no changes in significant accounting policies or their application during 2019. No matters have come to our attention that would require us, under professional standards, to inform you about (1) the methods used to account for significant unusual transactions and (2) the effect of significant accounting policies in controversial or emerging areas for which there is a lack of authoritative guidance or consensus. Significant Accounting Estimates Accounting estimates are an integral part of the financial statements prepared by management and are based on management’s current judgments. Those judgments are normally based on knowledge and experience about past and current events and assumptions about future events. Certain accounting estimates are particularly sensitive because of their significance to the financial statements and because of the possibility that future events affecting them may differ markedly from management’s current judgments. Significant Difficulties Encountered during the Audit We encountered no significant difficulties in dealing with management relating to the performance of the audit. Uncorrected and Corrected Misstatements For purposes of this communication, professional standards require us to accumulate all known and likely misstatements identified during the audit, other than those that we believe are trivial, and communicate them to the appropriate level of management. Further, professional standards require us to also communicate the effect of uncorrected misstatements related to prior periods on the relevant classes of transactions, account balances or disclosures, and the financial statements as a whole and each applicable opinion unit. There were no such misstatements identified. Disagreements with Management For purposes of this letter, professional standards define a disagreement with management as a matter, whether or not resolved to our satisfaction, concerning a financial accounting, reporting, or auditing matter, which could be significant to Meridian Development Corporation’s financial statements or the auditor’s report. No such disagreements arose during the course of the audit. Meridian City Council Meeting Agenda December 17, 2019 – Page 168 of 504 3 Representations Requested from Management We have requested certain written representations from management, which are included in the management representation letter dated November 26, 2019. Management’s Consultations with Other Accountants In some cases, management may decide to consult with other accountants about auditing and accounting matters. Management informed us that, and to our knowledge, there were no consultations with other accountants regarding auditing and accounting matters. Other Significant Matters, Findings, or Issues In the normal course of our professional association with Meridian Development Corporation, we generally discuss a variety of matters, including the application of accounting principles and auditing standards, operating and regulatory conditions affecting the entity, and operational plans and strategies that may affect the risks of material misstatement. None of the matters discussed resulted in a condition to our retention as Meridian Development Corporation’s auditors. Other Information in Documents Containing Audited Financial Statements Pursuant to professional standards, our responsibility as auditors for other information in documents containing Meridian Development Corporation’s audited financial statements does not extend beyond the financial information identified in the audit report, and we are not required to perform any procedures to corroborate such other information. However, in accordance with such standards, we have applied limited procedures to Management’s Discussion and Analysis and Schedule of Revenues, Expenditures and Changes in Fund Balance‐Budget and Actual‐General Fund, which are required supplementary information (RSI) that supplements the basic financial statements. Our procedures consisted of inquiries of management regarding the methods of preparing the information and comparing the information for consistency with management’s responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We did not audit the RSI and do not express an opinion or provide any assurance on the RSI. Our responsibility also includes communicating to you any information which we believe is a material misstatement of fact. Nothing came to our attention that caused us to believe that such information, or its manner of presentation, is materially inconsistent with the information, or manner of its presentation, appearing in the financial statements. This report is intended solely for the information and use of the Board of Commissioners, and management of Meridian Development Corporation and is not intended to be and should not be used by anyone other than these specified parties. Boise, Idaho Meridian City Council Meeting Agenda December 17, 2019 – Page 169 of 504 MERIDIAN DEVELOPMENT CORPORATION FINANCIAL STATEMENTS AND REQUIRED SUPPLEMENTARY INFORMATION YEAR ENDED SEPTEMBER 30, 2019 Meridian City Council Meeting Agenda December 17, 2019 – Page 170 of 504 MERIDIAN DEVELOPMENT CORPORATION TABLE OF CONTENTS YEAR ENDED SEPTEMBER 30, 2019 1 3 INDEPENDENT AUDITOR'S REPORT MANAGEMENT’S DISCUSSION AND ANALYSIS FINANCIAL STATEMENTS STATEMENT OF NET POSITION 9 STATEMENT OF ACTIVITIES 10 GOVERNMENTAL FUNDS BALANCE SHEET 11 STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES – GOVERNMENTAL FUNDS 12 RECONCILIATION OF THE GOVERNMENTAL FUNDS BALANCE SHEET TO THE STATEMENT OF NET POSITION 13 RECONCILIATION OF THE STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES TO THE STATEMENT OF ACTIVITIES 14 NOTES TO FINANCIAL STATEMENTS 15 REQUIRED SUPPLEMENTARY INFORMATION SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES – BUDGET AND ACTUAL – GENERAL FUND 22 NOTES TO REQUIRED SUPPLEMENTARY INFORMATION 23 INDEPENDENT AUDITOR'S REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS 24 Meridian City Council Meeting Agenda December 17, 2019 – Page 171 of 504 What inspires you, inspires us. | eidebailly.com 877 W. Main St., Ste. 800 | Boise, ID 83702-5858 | T 208.344.7150 | F 208.344.7435 | EOE Independent Auditor’s Report Members of the Board of Commissioners Meridian Development Corporation, a component unit of the City of Meridian, Idaho Meridian, Idaho Report on the Financial Statements We have audited the accompanying financial statements of the governmental activities and each major fund of Meridian Development Corporation (MDC), a component unit of the City of Meridian, Idaho, as of and for the year ended September 30, 2019, and the related notes to the financial statements which collectively comprise MDC’s basic financial statements as listed in the table of contents. Management’s Responsibility for the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with accounting principles generally accepted in the United States of America; this includes the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error. Auditor’s Responsibility Our responsibility is to express opinions on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditor’s judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the entity’s preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity’s internal control. Accordingly, we express no such opinion. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. (1) Meridian City Council Meeting Agenda December 17, 2019 – Page 172 of 504 We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinions. Opinions In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of the governmental activities and each major fund of MDC, as of September 30, 2019, and the respective changes in financial position for the year then ended in conformity with accounting principles generally accepted in the United States of America. Other Matters Required Supplementary Information Accounting principles generally accepted in the United States of America require that the management’s discussion and analysis and budgetary comparison information as listed in the table of contents be presented to supplement the basic financial statements. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board, who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. We have applied certain limited procedures to the required supplementary information in accordance with auditing standards generally accepted in the United States of America, which consisted of inquiries of management about the methods of preparing the information and comparing the information for consistency with management’s responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We do not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. Other Reporting Required by Government Auditing Standards In accordance with Government Auditing Standards, we have also issued our report dated November 26, 2019 on our consideration of MDC’s internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose of that report is solely to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the effectiveness of MDC’s internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards in considering MDC’s internal control over financial reporting and compliance. Boise, Idaho November 26, 2019 (2) Meridian City Council Meeting Agenda December 17, 2019 – Page 173 of 504 MERIDIAN DEVELOPMENT CORPORATION MANAGEMENT’S DISCUSSION AND ANALYSIS SEPTEMBER 30, 2019 (3) This section of the Meridian Development Corporation’s (MDC or Corporation) annual financial report presents management’s discussion and analysis of MDC's financial performance during the year ended September 30, 2019. Please use this information in conjunction with the information furnished in MDC's financial statements. Financial Highlights Fiscal year 2019 is the sixteenth full year that MDC has collected property tax. Property tax is MDC’s principal source of revenue. Property tax collections increased by $384,714 or 26.58% from fiscal year 2018 to fiscal year 2019. The total assets of MDC exceeded its liabilities and deferred inflows at September 30, 2019 by $2,714,909. Of the total net position, $386,508 is net investment in capital assets. The remaining net position of $2,328,401 is restricted to meet the Corporation’s on-going obligations. This is a decrease of approximately $45,000 from net position of $2,759,432 at September 30, 2018. Overview of the Financial Statements This annual report consists of five parts – management discussion and analysis, the government-wide financial statements, fund financial statements, notes to the financial statements, and required supplementary information. Government - Wide Financial Statements These statements report information about all of the operations of MDC using accounting methods similar to those used by private sector companies. These statements are prepared using the flow of economic resources measurement focus and accrual basis of accounting. The current year’s revenues and expenses are recorded as transactions occur rather than when cash is received or paid. The government-wide financial statements are divided into two categories: Statement of Net Position – Reports all of MDC’s assets and liabilities with the difference between the two reported as net position. Over time, increases or decreases in net position may serve as a useful indicator of whether the financial position of the entity is improving or deteriorating. Statement of Activities – Reports all of the Corporation’s revenues and expenses for the year by function. MDC currently has two functions, the community development and public education and marketing functions. Fund Financial Statements The Fund financial statements provide information about an entity’s major funds. Funds may be required by law or may be established by the MDC Board of Commissioners. Governmental Funds: Governmental fund financial statements focus on short-term inflows and outflows of spendable resources, an accounting approach known as the flow of current financial resources measurement focus and the modified accrual basis of accounting. Information provided by these statements provides a short-term view of what resources will be available to meet needs. Meridian City Council Meeting Agenda December 17, 2019 – Page 174 of 504 MERIDIAN DEVELOPMENT CORPORATION MANAGEMENT’S DISCUSSION AND ANALYSIS SEPTEMBER 30, 2019 (4) Fund Financial Statements (continued) MDC has two governmental funds: General Fund: The general fund is the general operating fund of MDC. Income is derived primarily from property tax. 10 Mile District: The 10 Mile District fund was established as of July 1, 2016. Income is derived primarily from property tax. Notes to the Financial Statements The notes provide additional information that is necessary to fully understand the data presented in the government-wide and fund financial statements. Required Supplementary Information This section has information that further explains and supports the information in the financial statements by including a comparison of the Corporation’s budget data for the year. FINANCIAL ANALYSIS OF MERIDIAN DEVELOPMENT CORPORATION AS A WHOLE Net Position Net Position measures the difference between what the entity owns (assets) versus what the entity owes (liabilities) and future revenues (deferred inflows). At September 30, 2019, MDC’s combined assets exceeded liabilities and deferred inflows by $2,714,909. The following statement is condensed from the statement of net position. 2019 2018 ASSETS CURRENT ASSETS 5,467,550$ 3,973,708$ CAPITAL ASSETS 672,384 1,038,561 Total Assets 6,139,934 5,012,269 LIABILITIES CURRENT LIABILITIES 777,304 221,711 NONCURRENT LIABILITIES 486,511 295,460 Total Liabilities 1,263,815 517,171 DEFERRED INFLOWS 2,161,210 1,735,666 Total Liabilities and Deferred Inflows 3,425,025 2,252,837 NET POSITION NET INVESTMENT IN CAPITAL ASSETS 386,508 641,166 RESTRICTED 2,328,401 2,118,266 2,714,909$ 2,759,432$ Meridian City Council Meeting Agenda December 17, 2019 – Page 175 of 504 MERIDIAN DEVELOPMENT CORPORATION MANAGEMENT’S DISCUSSION AND ANALYSIS SEPTEMBER 30, 2019 (5) Changes in Net Position During the year, MDC’s financial position decreased by $44,523. This compares with the prior year increase in financial position of $710,024. The following condensed financial information was derived from the government-wide statement of activities and shows how MDC’s net position changed during the year. 2019 2018 GENERAL REVENUES Property Tax 1,832,254$ 1,447,540$ Grant 206,618 24,081 Interest 16,413 11,187 Other Revenues 4,234 5,058 Total General Revenues 2,059,519 1,487,866 PROGRAM REVENUES - - Total Revenues 2,059,519 1,487,866 EXPENSES Community Development 2,083,379 760,693 Public Education and Marketing 8,563 1,215 Interest on Long-Term Debt 12,100 15,934 Total Expenses 2,104,042 777,842 CHANGE IN NET POSITION (44,523) 710,024 Net Position - Beginning of Year 2,759,432 2,049,408 NET POSITION - END OF YEAR 2,714,909$ 2,759,432$ From fiscal year 2018 to fiscal year 2019, MDC's property tax revenue increased by 26.58%. FINANCIAL ANALYSIS OF MDC'S FUNDS Governmental Fund Fiscal year 2019 was the sixteenth full year that MDC received property tax revenue. At September 30, 2019 the fund balance was $2,601,567 as compared to $2,071,114 at September 30, 2018. Of the fund balance, $4,078 is nonspendable and $2,597,489 is restricted. The fund balance increased in fiscal year 2019 due to tax revenues being higher than in fiscal year 2018 and due to the tax revenues exceeding normal operating expenditures. Meridian City Council Meeting Agenda December 17, 2019 – Page 176 of 504 MERIDIAN DEVELOPMENT CORPORATION MANAGEMENT’S DISCUSSION AND ANALYSIS SEPTEMBER 30, 2019 (6) Budgetary Highlights There was one amendment made to the original fiscal year 2019 budget on August 6, 2019. The budget amendment was completed in order to reflect the purchase and sale of a building located at 33 East Idaho Avenue in Meridian Idaho. This was the only capital outlay expenditures for the year. Operating expenses were under budget. MDC does not have any employees and relies on professional service contracts for the administrator, legal, and marketing, etc. 10% of actual operating expenditures were for professional service contractors. MDC spent 43% of its operating budget. $0 $100,000 $200,000 $300,000 $400,000 $500,000 $600,000 $700,000 $800,000 $900,000 $1,000,000 $1,100,000 $1,200,000 $1,300,000 MDC Actual Expenditures ‐FY19 Compared to FY18 FY19 FY18 Meridian City Council Meeting Agenda December 17, 2019 – Page 177 of 504 MERIDIAN DEVELOPMENT CORPORATION MANAGEMENT’S DISCUSSION AND ANALYSIS SEPTEMBER 30, 2019 (7) Budgetary Highlights (continued) Property tax revenue was budgeted to be $1,890,000; actual tax collected was $1,836,354. $0 $200,000 $400,000 $600,000 $800,000 $1,000,000 $1,200,000 $1,400,000 $1,600,000 $1,800,000 $2,000,000 FY19 Actual FY19 Budget FY18 Actual FY18 Budget FY17 Actual FY16 Actual MDC Tax Increment Revenue Meridian City Council Meeting Agenda December 17, 2019 – Page 178 of 504 MERIDIAN DEVELOPMENT CORPORATION MANAGEMENT’S DISCUSSION AND ANALYSIS SEPTEMBER 30, 2019 (8) Capital Asset and Debt Administration Capital Assets At the end of fiscal year 2018, MDC’s total capital assets were $1,038,561. At the end of fiscal year 2019, capital assets had decreased to $672,384, including $672,384 in land, $1,843 in equipment, $180,160 in intangibles and $182,003 in accumulated depreciation. Intangible assets include the Downtown Master Plan, the 3D Modelling, and the MDC website. The decrease is attributable to the Corporation disposing of equipment, during fiscal year 2019, and the sale of the building located at 713 Main Street in Meridian, Idaho. See Note 3 for further explanation of the changes in capital assets. Long-Term Debt During Fiscal Year 2011, MDC took out a promissory note with Washington Trust Bank, totaling $1,274,000. The note payable was incurred in order to complete the building to be sold as condominium and office space units. The note was renewed on March 10, 2017 and matures on March 5, 2022. As of September 30, 2019, the balance on the remaining note was $285,876. See Note 4 for further explanation of the changes in long-term debt. Fiscal Year 2020 Budgetary Considerations For fiscal year 2020, MDC will continue downtown rehabilitation efforts by purchasing properties for redevelopment and parking and by participating in a variety of community downtown projects and programs. MDC will partner with the City of Meridian for downtown decorations, help fund public art and the split corridor lighting, and assist businesses with streetscape and façade improvements. Property tax revenue is expected to be higher than the amount collected in fiscal year 2019. Requests for Information This report is designed to provide a general overview of Meridian Development Corporation’s finances for our citizens and customers. If you have questions about this report or need additional financial information contact the Finance Office: 110 South Capitol Boulevard, Suite 1700, Boise, ID 83702. Phone 208-387-6400. Meridian City Council Meeting Agenda December 17, 2019 – Page 179 of 504 MERIDIAN DEVELOPMENT CORPORATION STATEMENT OF NET POSITION SEPTEMBER 30, 2019 See accompanying Notes to Financial Statements. (9) ASSETS CURRENT ASSETS Cash and Cash Equivalents 3,103,865$ Other Receivables 155,345 Property Tax Receivable 2,161,210 Delinquent Property Taxes Receivable 43,052 Prepaid Expenses 4,078 Total Current Assets 5,467,550 NONCURRENT ASSETS Capital Assets, Not Subject to Depreciation and Amortization 672,384 Capital Assets, Subject to Depreciation and Amortization 182,003 Less: Accumulated Depreciation (182,003) Total Noncurrent Assets 672,384 Total Assets 6,139,934 LIABILITIES CURRENT LIABILITIES Accounts Payable 662,027 Note Payable, Current Portion 115,277 Total Current Liabilities 777,304 NONCURRENT LIABILITIES Due to Developers 315,912 Note Payable, Less Current Portion 170,599 Total Noncurrent Liabilities 486,511 Total Liabilities 1,263,815 DEFERRED INFLOWS OF RESOURCES Advanced Revenues, Property Taxes 2,161,210 NET POSITION Net Investment in Capital Assets 386,508 Restricted 2,328,401 Total Net Position 2,714,909$ Meridian City Council Meeting Agenda December 17, 2019 – Page 180 of 504 MERIDIAN DEVELOPMENT CORPORATION STATEMENT OF ACTIVITIES YEAR ENDED SEPTEMBER 30, 2019 See accompanying Notes to Financial Statements. (10) EXPENSES Community Development 2,083,379$ Public Education and Marketing 8,563 Debt Service Interest 12,100 Total Expenditures 2,104,042 GENERAL REVENUES General Property Tax Revenue 1,832,254 Grant Revenues 206,618 Interest Earnings 16,413 Other Revenue 4,234 Total General Revenues 2,059,519 CHANGE IN NET POSITION (44,523) Net Position - Beginning of Year 2,759,432 NET POSITION - END OF YEAR 2,714,909$ Meridian City Council Meeting Agenda December 17, 2019 – Page 181 of 504 MERIDIAN DEVELOPMENT CORPORATION GOVERNMENTAL FUNDS BALANCE SHEET SEPTEMBER 30, 2019 See accompanying Notes to Financial Statements. (11) General Fund 10 Mile District Total ASSETS Cash and Cash Equivalents 2,746,831$ 357,034$ 3,103,865$ Other Receivables 155,345 - 155,345 Property Tax Receivable 1,591,143 570,067 2,161,210 Deliquent Property Taxes Receivable 43,052 - 43,052 Prepaid Expenses 4,078 - 4,078 Total Assets 4,540,449$ 927,101$ 5,467,550$ LIABILITIES Accounts Payable 304,687$ 357,340$ 662,027$ DEFERRED INFLOWS OF RESOURCES Advanced Revenues, Property Taxes 1,634,195 570,067 2,204,262 FUND BALANCE FUND BALANCE Nonspendable 4,078 - 4,078 Restricted 2,597,489 (306) 2,597,183 Total Fund Balance 2,601,567 (306) 2,601,261 Total Liabilities, Deferred Inflows of Resources, and Fund Balances 4,540,449$ 927,101$ 5,467,550$ Meridian City Council Meeting Agenda December 17, 2019 – Page 182 of 504 MERIDIAN DEVELOPMENT CORPORATION STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES – GOVERNMENTAL FUNDS YEAR ENDED SEPTEMBER 30, 2019 See accompanying Notes to Financial Statements. (12) General Fund 10 Mile District Total EXPENDITURES Office and Operating Expense 838,079$ 356,473$ 1,194,552$ Professional Services, Surveys, and Studies 188,087 16,366 204,453 Public Education and Marketing 8,563 - 8,563 Debt Service: Principal 111,519 - 111,519 Interest 12,100 - 12,100 Capital Outlay 567,285 - 567,285 Total Expenditures 1,725,633 372,839 2,098,472 REVENUES General Property Tax Revenue 1,499,374 336,980 1,836,354 Grant Revenue 206,618 - 206,618 Interest Earnings 16,413 - 16,413 Other Revenue 569,234 - 569,234 Total General Revenues 2,291,639 336,980 2,628,619 NET CHANGE IN FUND BALANCES 566,006 (35,859) 530,147 Fund Balance - Beginning of Year 2,035,561 35,553 2,071,114 FUND BALANCE - END OF YEAR 2,601,567$ (306)$ 2,601,261$ Meridian City Council Meeting Agenda December 17, 2019 – Page 183 of 504 MERIDIAN DEVELOPMENT CORPORATION RECONCILIATION OF THE GOVERNMENTAL FUNDS BALANCE SHEET TO THE STATEMENT OF NET POSITION SEPTEMBER 30, 2019 See accompanying Notes to Financial Statements. (13) TOTAL FUND BALANCES FOR GOVERNMENTAL FUNDS 2,601,261$ Total net position reported for governmental activities in the statement of net position is different because: Land 672,384 Equipment and Intangibles, Net of $182,003 Accumulated Depreciation - Note Payable (285,876) Due to Brighton Homes (315,912) 43,052 Total Net Position as Shown on the Statement of Net Position 2,714,909$ Long-term liabilities that pertain to governmental funds, including bonds payable, are not due and payable in the current period and, therefore, are not reported as fund liabilities. All liabilities - both current and long-term - are reported in the statement of net position. Some of the property taxes receivable are not available to pay for current period expenditures and, therefore, are not reported in the funds. Capital assets used in governmental funds are not financial resources and, therefore, are not reported in the funds. Those assets consist of: Meridian City Council Meeting Agenda December 17, 2019 – Page 184 of 504 MERIDIAN DEVELOPMENT CORPORATION RECONCILIATION OF THE STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES TO THE STATEMENT OF ACTIVITIES YEAR ENDED SEPTEMBER 30, 2019 See accompanying Notes to Financial Statements. (14) NET CHANGE IN FUND BALANCES - TOTAL GOVERNMENTAL FUNDS 530,147$ Capital Outlay 567,285 Depreciation Expense (4,539) Proceeds from Sale of Capital Assets (565,000) Loss on Sale of Capital Outlays (363,923) The governmental funds report bond proceeds as financing sources, while repayment of bond principal is reported as an expenditure. In the statement of net position, however, issuing debt increases long-term liabilities and does not affect the statement of activities and repayment of principal reduces the liability. Payment of General Obligation Refunding Bond Principal 111,519 In the statement of activities, long-term liabilities representing reimbursements against future tax receipts are recorded as expenses. (315,912) The change in property taxes receivable to be collected subsequent to year-end, but not available soon enough to pay for the current period’s expenditures are not recognized.(4,100) Change in Net Position, as Reflected on the Statement of Activities (44,523)$ Amounts reported for governmental activities in the statement of activities are different because: Governmental funds report capital outlays as expenditures. However, in the statement of activities, assets are capitalized and the cost is allocated over their estimated useful lives and reported as depreciation expense. This is the amount by which depreciation exceeded capital outlays in the current period. Meridian City Council Meeting Agenda December 17, 2019 – Page 185 of 504 MERIDIAN DEVELOPMENT CORPORATION NOTES TO FINANCIAL STATEMENTS SEPTEMBER 30, 2019 (15) NOTE 1 SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES The Meridian Development Corporation (MDC) is a separate and distinct legal entity of the City of Meridian, Idaho (City) created by state statute. The Directors for MDC are appointed by the Mayor and approved by the City Council. MDC provides urban renewal services for the citizens of the City. The financial statements of MDC have been prepared in conformity with accounting principles generally accepted in the United States of America (GAAP) as applied to government units. The Governmental Accounting Standards Board (GASB) is the accepted standard-setting body for establishing governmental accounting and financial reporting principles. The more significant of the government's accounting policies are described below. The accounting and reporting policies of MDC relating to the funds included in the accompanying basic financial statements conform to GAAP applicable to state and local governments. Financial Reporting Entity MDC is included as a component unit in the City’s financial statements. MDC provides urban renewal services to the City and its citizens. These statements present only the funds of MDC and are not intended to present the financial position and results of operations of the City in conformity with GAAP. Government-Wide and Fund Financial Statements The government-wide financial statements (i.e., the statement of net position and the statement of activities) report information on all of the nonfiduciary activities of the primary government. The statement of activities demonstrates the degree to which the direct expenses of a given function or segment are offset by program revenues. Direct expenses are those that are clearly identifiable with a specific function or segment. Program revenues include: 1) charges to customers or applicants who purchase, use, or directly benefit from goods, services, or privileges provided by a given function or segment and 2) grants and contributions that are restricted to meeting the operational or capital requirements of a particular function or segment. Taxes and other items not properly included among program revenues are reported instead as general revenues. Meridian City Council Meeting Agenda December 17, 2019 – Page 186 of 504 MERIDIAN DEVELOPMENT CORPORATION NOTES TO FINANCIAL STATEMENTS SEPTEMBER 30, 2019 (16) NOTE 1 SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) Measurement Focus, Basis of Accounting, and Financial Statement Presentation The government-wide financial statements are reported using the economic resources measurement focus and the accrual basis of accounting. Revenues are recorded when earned and expenses are recorded when a liability is incurred, regardless of the timing of related cash flows. Property taxes are recognized as revenues in the year for which they are levied. Grants and similar items are recognized as revenue as soon as all eligibility requirements imposed by the provider have been met. The governmental fund financial statements are reported using the current financial resources measurement focus and the modified accrual basis of accounting. Revenues are recognized as soon as they are both measurable and available. Revenues are considered to be available when they are collectible within the current period or soon enough thereafter to pay liabilities of the current period. For this purpose, the government considers revenues to be available if they are collected within 60 days of the end of the current fiscal period. Expenditures generally are recorded when a liability is incurred, as under accrual accounting. However, debt service expenditures, as well as expenditures related to claims and judgments, are recorded only when payment is due. MDC reports the following major governmental funds: General Fund - MDC is a general fund. General funds are used for all financial resources except those required to be accounted for in another fund. 10 Mile District Fund - The 10 Mile District fund was established as of July 1, 2016. Capital Assets Capital assets are reported in the government-wide financial statements. Capital assets are defined by the government as assets with an initial, individual cost of more than $500 and an estimated useful life in excess of one year. All material fixed assets are valued at cost. Donated fixed assets are valued at their estimated fair value on the date donated. Capital assets are depreciated on the straight-line basis with the half-year convention over useful lives of 3 to 30 years. Property Taxes Receivable Property taxes are recognized as revenue when the amount of taxes levied is measurable, and proceeds are available to finance current period expenditures. Available tax proceeds include property tax receivables expected to be collected within sixty days after year-end. Property taxes attach as liens on properties on January 1, and are levied in September of each year. Tax notices are sent to taxpayers during November, with tax payments scheduled to be collected on or before December 20. Taxpayers may pay all or one half of their tax liability on or before December 20, and if one half of the amount is paid, they may pay the remaining balance by the following June 20. Meridian City Council Meeting Agenda December 17, 2019 – Page 187 of 504 MERIDIAN DEVELOPMENT CORPORATION NOTES TO FINANCIAL STATEMENTS SEPTEMBER 30, 2019 (17) NOTE 1 SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) Deferred Inflow of Resources and Advanced Revenue Unavailable revenue is considered a deferred inflow of resources in accordance with the modified accrual basis of accounting for the fund financial statements. Deferred inflows of resources are measurable but do not represent available expendable resources for the fund financial statements for the fiscal year ended September 30, 2019. Since MDC is on a September 30 fiscal year end, property taxes levied during September for the succeeding year’s collection are recorded as unavailable revenues at the MDC’s year-end and recognized as revenue in the following fiscal year. Ada County bills and collects taxes for MDC. Risk Management As a component unit of the City, MDC is exposed to various risks of loss related to theft of, damage to, or destruction of assets. The City, and MDC as a component unit, participates in a public entity risk pool, Idaho Counties Risk Management Pool (ICRMP), for property and liability insurance. The City's and MDC’s exposure to loss from its participation in ICRMP is limited to the extent of their deductible only. Fund Balances The governmental fund financial statements present fund balances based on classifications that comprise a hierarchy that is based primarily on the extent to which the MDC is bound to honor constraints on the specific purposes for which amounts in the respective governmental funds can be spent. The classifications used in the governmental fund financial statements are as follows: Nonspendable – Includes amounts that cannot be spent because they are either not spendable in form or are legally or contractually required to be maintained intact. All amounts reported as nonspendable at September 30, 2019 by MDC are nonspendable in form. This includes prepaid expenses of $4,078. MDC has not reported any amounts that are legally or contractually required to be maintained intact. Restricted – This fund balance is constrained for a specific purpose and legally restricted by external parties, such as state or federal agencies. MDC had $2,597,183 in restricted fund balance at September 30, 2019. Committed – This fund balance constraint is self-imposed by the board of directors. Formal action is required by the board of directors to commit funds and must occur prior to year-end; however, the actual dollar amount may be determined in the subsequent period. Assigned – This fund balance is intended for a specific purpose and the authority to “assign” is delegated to the administrator. Formal action is not necessary to impose, remove, or modify an assigned fund balance. Meridian City Council Meeting Agenda December 17, 2019 – Page 188 of 504 MERIDIAN DEVELOPMENT CORPORATION NOTES TO FINANCIAL STATEMENTS SEPTEMBER 30, 2019 (18) NOTE 1 SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) Unassigned – This is the remaining fund balance that has no internal or external restrictions. Unassigned amounts are available for any purpose. Although there is generally no set spending plan, there is a need to maintain a certain funding level. The unassigned fund balance is commonly used for emergency expenditures or reserves needed to ensure cash flow. MDC has a policy regarding minimum fund balance for a stabilization arrangement to reserve 8% of the current year budget of tax revenues in order to ensure there is sufficient cash flow to maintain services between property tax receipts (the Resolution). Pooled Cash MDC follows the practice of pooling cash of all funds to maximize investment earnings. Except when required by trust or other agreements, all cash is deposited to and disbursed from a single bank account. Investment earnings are allocated periodically to the participating funds based upon each fund’s average equity balance in the total cash. NOTE 2 DEPOSITS – CUSTODIAN CREDIT RISK Cash and Cash Equivalents As of September 30, 2019, the account balance of the checking account was $66,230. As of September 30, 2019, the account balance of the money market account was $3,037,635. $2,853,865 was uninsured and uncollateralized as of September 30, 2019. Cash is held in the custody of Washington Trust Bank in MDC’s name. Meridian City Council Meeting Agenda December 17, 2019 – Page 189 of 504 MERIDIAN DEVELOPMENT CORPORATION NOTES TO FINANCIAL STATEMENTS SEPTEMBER 30, 2019 (19) NOTE 3 CAPITAL ASSETS Changes to capital assets are as follows: Balance Balance 10/1/2018 Additions Deletions Transfers 9/30/2019 GOVERNMENTAL ACTIVITIES Capital Assets, not Depreciated Land 798,529$ -$ (126,145)$ -$ 672,384$ Total Capital Assets, not Depreciated 798,529 - (126,145) - 672,384 CAPITAL ASSETS, DEPRECIATED Buildings 194,511 567,285 (761,796) - - Building Improvements 132,288 - (132,288) - - Equipment 8,486 - (6,643) - 1,843 Intangibles 180,160 - - - 180,160 Total Capital Assets, Depreciated 515,445 567,285 (900,727) - 182,003 Less: Accumulated Depreciation Buildings (71,352) (2,702) 74,054 - - Building Improvements (15,415) (1,837) 17,252 - - Equipment (8,486) - 6,643 - (1,843) Intangibles (180,160) - - - (180,160) Total Accumulated (275,413) (4,539) 97,949 - (182,003) Depreciation Total Net Capital Assets, Depreciated 240,032 562,746 (802,778) - - GOVERNMENTAL ACTIVITIES CAPITAL ASSETS, NET 1,038,561$ 562,746$ (928,923)$ -$ 672,384$ Meridian City Council Meeting Agenda December 17, 2019 – Page 190 of 504 MERIDIAN DEVELOPMENT CORPORATION NOTES TO FINANCIAL STATEMENTS SEPTEMBER 30, 2019 (20) NOTE 4 CHANGES IN LONG-TERM DEBT MDC has a promissory note for $1,274,000 that matures on March 5, 2022 with a fixed interest rate of 3.51% collateralized by real property. The following is a summary of changes in debt of MDC for the year ended September 30, 2019. Balance Debt Debt Balance 10/1/2018 Issued Retired 9/30/2019 GOVERNMENTAL ACTIVITIES Note Payable - Building 397,395$ -$ (111,519)$ 285,876$ Maturities of the note payable are a follows for the years ended September 30: Years Ending,Principal Interest Total 2020 115,277$ 7,737$ 123,014$ 2021 119,541 4,077 123,618 2022 51,058 449 51,507 Totals 285,876$ 12,263$ 298,139$ NOTE 5 RELATED PARTY TRANSACTIONS MDC partners with the City of Meridian for various downtown improvements. During the fiscal year, MDC reimbursed the City of Meridian $445,692 for costs related to joint projects. NOTE 6 LINE OF CREDIT MDC extended a revolving line of credit with Washington Trust Bank that provides for available borrowings up to $100,000. The agreement matures on June 30, 2020 and is unsecured. Borrowings under the line of credit bear variable interest rates at 5.5% per annum. There were no amounts outstanding on the line as of September 30, 2019. Borrowings under the line of credit are subject to certain covenants and restrictions on indebtedness and dividend payments. Meridian City Council Meeting Agenda December 17, 2019 – Page 191 of 504 MERIDIAN DEVELOPMENT CORPORATION NOTES TO FINANCIAL STATEMENTS SEPTEMBER 30, 2019 (21) NOTE 7 NET POSITION MDC had net position consisting of two components – net investment in capital assets and restricted net position. The net investment in capital assets component of net position consists of capital assets that are owned by MDC, net of accumulated depreciation, and reduced by the outstanding balance of bonds, mortgages, notes, or other borrowings that are attributable to the acquisition, construction, or improvement of those assets. As of September 30, 2019, MDC had net investment in capital assets calculated as follows: Capital Assets, Net of Accumulated Depreciation 672,384$ Current Portion of Outstanding Long-Term Obligations (115,277) Noncurrent Portion of Outstanding Long-Term Obligations (170,599) Total Net Investment in Capital Assets 386,508$ The restricted component of net position consists of assets that are restricted for use either externally imposed by creditors, grantors, contributors, or laws and regulation of other governments or imposed by law through constitutional provision or enabling legislation. MDC had a restricted net positon as of September 30, 2019 of $2,328,401. NOTE 8 COMMITMENTS AND CONTINGENCIES On February 8, 2017, amended on March 13, 2018, MDC entered into an Owner Participation Agreement with Ten Mile Crossing, Inc., Brighton Corporation, SCS Brighton LLC, Brighton Investments LLC, SCS Investments LLC, and SBG Ten Mile Office No. 1, LLC (the Developers) to carry out the approved urban renewal plan. This agreement contemplates that the Developers will develop the property by constructing private improvements. Eligible public improvements are to be constructed in phases and reimbursed from future tax increment revenues. As of September 30, 2019, the Developers have incurred eligible expenses and requested reimbursements totaling $672,385. Of this amount, $356,473 was paid by MDC subsequent to year end, with the remaining amount of $315,912 to be paid, contingent upon the future receipt of tax increment. Meridian City Council Meeting Agenda December 17, 2019 – Page 192 of 504 MERIDIAN DEVELOPMENT CORPORATION SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES – BUDGET AND ACTUAL – GENERAL FUND YEAR ENDED SEPTEMBER 30, 2019 See accompanying Notes to Required Supplementary Information. (22) Budgeted Amounts Variance Actual with Original Final Amounts Final Budget REVENUES General Property Tax Revenue 1,890,000$ 1,890,000$ 1,836,354$ (53,646)$ Grant Revenue 357,195 357,195 206,618 (150,577) Interest Earnings 6,000 6,000 16,413 10,413 Other Revenue 100,012 665,012 569,234 (95,778) Total Revenues 2,353,207 2,918,207 2,628,619 (289,588) EXPENDITURES Office and Operating Expense 3,833,026 3,833,026 1,194,552 2,638,474 Professional Services, Surveys, and Studies 206,500 206,500 204,453 2,047 Public Education and Marketing 10,000 10,000 8,563 1,437 Debt Service Principal 223,617 223,617 111,519 112,098 Interest 15,377 15,377 12,100 3,277 Capital Outlay -565,000 567,285 (2,285) Total Expenditures 4,288,520 4,853,520 2,098,472 2,755,048 Excess (deficiency) revenues NET CHANGE IN FUND BALANCES (1,935,313) (1,935,313) 530,147 2,465,460 Fund Balance - Beginning of Year 2,055,313 2,055,313 2,071,114 15,801 FUND BALANCE - END OF YEAR 120,000$ 120,000$ 2,601,261$ 2,481,261$ Meridian City Council Meeting Agenda December 17, 2019 – Page 193 of 504 MERIDIAN DEVELOPMENT CORPORATION NOTES TO REQUIRED SUPPLEMENTARY INFORMATION SEPTEMBER 30, 2019 (23) NOTE 1 BUDGETS AND BUDGETARY ACCOUNTING MDC follows these procedures in establishing the budgetary data reflected in the financial statements: Prior to September 1, the members of the Board of Directors and the contract administrator prepare a proposed operating budget for the fiscal year commencing on October 1. The operating budget includes proposed expenditures and the means of financing them. Public hearings are conducted at City Hall to obtain taxpayer comments. Prior to October 1, the budget is legally enacted through passage of an ordinance. Budgets are adopted on a basis consistent with GAAP for the funds. All annual appropriations lapse at fiscal year-end. Revisions that alter the total expenditure appropriation of any fund must be approved by the board of commissioners. State law does not allow fund expenditures to exceed fund appropriations. Formal budgetary integration is employed as a management control device during the year. Meridian City Council Meeting Agenda December 17, 2019 – Page 194 of 504 What inspires you, inspires us. | eidebailly.com 877 W. Main St., Ste. 800 | Boise, ID 83702-5858 | T 208.344.7150 | F 208.344.7435 | EOE Independent Auditor’s Report on Internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards Members of the Board of Commissioners Meridian Development Corporation, a component unit of the City of Meridian, Idaho Meridian, Idaho We have audited, in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States, the financial statements of the governmental activities, and each major fund of Meridian Development Corporation (MDC), a component unit of the City of Meridian, Idaho as of and for the year ended September 30, 2019, and the related notes to the financial statements, which collectively comprise Meridian Development Corporation’s basic financial statements, and have issued our report thereon dated November 26, 2019. Internal Control over Financial Reporting In planning and performing our audit of the financial statements, we considered MDC's internal control over financial reporting (internal control) to determine the audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of MDC’s internal control. Accordingly, we do not express an opinion on the effectiveness of MDC’s internal control. A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the entity’s financial statements will not be prevented, or detected and corrected on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance. Our consideration of internal control over financial reporting was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control over financial reporting that might be material weaknesses or significant deficiencies. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. However, material weaknesses may exist that have not been identified. (24) Meridian City Council Meeting Agenda December 17, 2019 – Page 195 of 504 Compliance and Other Matters As part of obtaining reasonable assurance about whether MDC's financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. Purpose of this Report The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the entity’s internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the entity’s internal control and compliance. Accordingly, this communication is not suitable for any other purpose. Boise, Idaho November 26, 2019 (25)Meridian City Council Meeting Agenda December 17, 2019 – Page 196 of 504 FY2019 BUDGET Operating Revenue Property Tax Revenue - Downtown District 1,500,000 Property Tax Revenue - Ten Mile District 390,000 Interest Earnings 6,000 Revolving Line of Credit 100,000 713 N. Main Street Lease 12 Old City Hall Revenue 565,000 Grant Revenue - FY18 Sidewalk Design/Construction 177,195 Grant Revenue - East Third Street Design and Construction 180,000 Funding Carryover 2,055,313 TOTAL REVENUES and AVAILABLE CASH 4,973,520$ Contractual Obligations: Professional Services Administrator Services 100,000 Public Relations/Marketing 10,000 Legal Services 60,000 Legislative Services 7,500 Audit Services 14,000 Accounting Services 25,000 216,500 Operational Expenses ICRMP-Insurance Premium/Claims 1,861 Partnerships - Valley Regional Transit 3,513 Partnerships - City of Meridian, Concerts on Broadway 10,000 Irrigation Taxes 100 Legal Notices / Publications 1,500 Grounds Maintenance - Compass/VRT 4,000 Grounds Maintenance - 713 N. Main 960 Debt Service - Revolving Line of Credit 100,000 Debt Service - Principal Payments - WT 123,617 Debt Service - Interest Payments - WT 15,377 260,928 ON GOING EXPENSES: Software Maintenance/License 1,900 Building Maintenance for MDC owned buildings 1,700 Parking Lot Maintenance - MDC Owned Buildings 2,000 WIFI 1,200 Electronics Expense - General Fund 4,500 Office Expense - General 500 Meeting Expense 400 Leadership Conference 2,000 Postage & Mailings 200 Bank Fees 600 Mason Parking 2,500 17,500 Total Contractual Obligations 494,928 Revenues less Contractual Obligations 4,478,592 DISCRETIONARY EXPENSES: Operational Expenses Advertising/Promotional/Publications 1,000 Training 5,000 Dues & Subscriptions 1,200 SUBTOTAL OPERATIONAL EXPENSES 7,200 Project Expenditures Owner Participation Reimbursement to Brighton Corporation - Ten Mile 333,000 Old City Hall Purchase 565,000 Partnership with Meridian City Parks - Downtown Tree Replacement 25,000 Partnership with Meridian Arts Commission - Downtown Art Wraps 5,000 Special Projects 916,685 Pine Avenue - For Construction 582,000 Alleyway Project 2,500 Nine-Mile Floodplain 54,512 Partnership with City - Main Street Market 10,000 Façade Improvement Program 90,000 Auditorium District 2,500 Public-Private Partnership - 703 North Main Street 218,000 Property Acquisition 400,000 FY18 CDBG Sidewalk Project - Design and Construction 177,195 FY19 CDBG Sidewalk Project - East Third Street Design and Construction 350,000 Meridian City Council Meeting Agenda December 17, 2019 – Page 197 of 504 FY2019 BUDGET Union Pacific Property Lease 120,000 Union Pacific Property Improvements 500,000 SUBTOTAL CAPITAL EXPENDITURES 4,351,392 8% Reserve Based on Estimated Revenues (Downtown District Only)120,000 Based upon 8% of $1,500,000 estimated revenues 1,500,000 TOTAL EXPENDITURES 4,973,520 0.08 120,000 NET - Meridian City Council Meeting Agenda December 17, 2019 – Page 198 of 504 FY2020 BUDGET FY2020 Draft Budget Operating Revenue Property Tax Revenue - Downtown District 1,650,000 Property Tax Revenue - Ten Mile District 759,112 Interest Earnings 6,000 Revolving Line of Credit 100,000 713 N. Main Street Lease - Grant Revenue - FY18 Sidewalk Design/Construction 100,000 Purchase of Old City Hall Property - Grant Revenue - East Third Street Design and Construction 180,000 Funding Carryover 3,056,960 TOTAL REVENUES and AVAILABLE CASH 5,852,072$ Contractual Obligations: Professional Services Administrator Services 104,000 Public Relations/Marketing 12,000 Legal Services 60,000 Legislative Services 7,500 Audit Services 14,000 Accounting Services 25,000 222,500 Operational Expenses ICRMP-Insurance Premium/Claims 1,991 Partnerships - Valley Regional Transit 3,654 Partnerships - City of Meridian, Concerts on Broadway 10,000 Irrigation Taxes 300 Legal Notices / Publications 1,500 Grounds Maintenance - Compass/VRT 4,000 Grounds Maintenance - 713 N. Main - Debt Service - Revolving Line of Credit 100,000 Debt Service - Principal Payments - WT 115,087 Debt Service - Interest Payments - WT 8,531 245,063 ON GOING EXPENSES: Software Maintenance/License 2,800 Building Maintenance for MDC owned buildings - Parking Lot Maintenance - MDC Owned Buildings 2,000 WIFI 1,200 Electronics Expense - General Fund 3,500 Office Expense - General 500 Meeting Expense 400 Leadership Conference 3,200 Postage & Mailings 200 Bank Fees 500 Mason Parking 2,500 16,800 Total Contractual Obligations 484,363 Revenues less Contractual Obligations 5,367,709 DISCRETIONARY EXPENSES: Operational Expenses Advertising/Promotional/Publications 1,000 Training 5,000 Dues & Subscriptions 1,000 SUBTOTAL OPERATIONAL EXPENSES 7,000 Project Expenditures Owner Participation Reimbursement to Brighton Corporation - Ten Mile 630,000 Ten Mile Revenues - 10% Administration Fees for Brighton + Other Revenues for non OPA properties in the district 129,112 Owner Participation Reimbursement to Pacific Companies 4,000 Partnership with MKA for public parking 200,000 Partnership with Meridian City Parks - Downtown Tree Replacement 15,000 Partnership with Meridian Arts Commission - Downtown Art Wraps 5,000 Special Projects 772,597 Pine Avenue - For Construction - Alleyway Project 2,500 Nine-Mile Floodplain 700,000 Meridian City Council Meeting Agenda December 17, 2019 – Page 199 of 504 FY2020 BUDGET FY2020 Draft Budget Partnership with VRT - Bus Shelters and Signage 65,000 Partnership with City - Main Street Market 10,000 Façade Improvement Program 90,000 Auditorium District 5,000 Public-Private Partnership - 703 North Main Street - Old City Hall Purchase - Property Acquisition 500,000 FY18 CDBG Sidewalk Project - Design and Construction 100,000 FY19 CDBG Sidewalk Project - East Third Street Design and Construction 500,000 Union Pacific Property Lease 500 Union Pacific Property Improvements 1,500,000 SUBTOTAL CAPITAL EXPENDITURES 5,228,709 8% Reserve Based on Estimated Revenues (Downtown District Only)132,000 TOTAL EXPENDITURES 5,852,072 NET - Meridian City Council Meeting Agenda December 17, 2019 – Page 200 of 504 CE IDIANIZ,+-- �J CITY COUNCIL WORK SESSION AGENDA December 17, 2019 Agenda Item Number: 3 H Item Title: Addendum to the Development Agreement for Bainbridge North (H-2019-0074) By Brighton Investments, LLC. Located at the SEC of W. Chinden Blvd./SH 2O-26 and N. Tree Farm Way Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 3.H. Presenter: S onya Allen Estimated Time f or P resentation: 0 Title of I tem - Addendum to the Development Agreement for Bainbridge North (H-2019-0074) with Brighton Investments, L L C located at S E C of W. C hinden Blvd./S H 20-26 and N. T ree F arm Way Modified Development A greement between the C ity of Meridian and B righton I nvestments, L L C for Bainbridge North H-2019-0074 AT TAC HM E NT S: Description Type Upload D ate A ddendum to D A-H-2019-0074 A greements / C ontracts 12/10/2019 E xhibit A-2019-0074 E xhibit 12/10/2019 E xhibit B -H-2019-0074 E xhibit 12/10/2019 Meridian City Council Meeting Agenda December 17, 2019 – Page 201 of 504 ADA COUNTY RECORDER Phil McGrane 2019-127583 BOISE IDAHO Pgs=42 LISA BATT 12/19/2019 12:54 PM CITY OF MERIDIAN, IDAHO NO FEE ADDENDUM TO DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Brighton Investments, TLC, Owner/Developer THIS ADDENDUM TO DEVELOPMENT AGREEMENT is dated this day of_Df-c.&MV,�u- 2019, ("ADDENDUM"), by and between City of Meridian, a municipal corporation of the State of Idaho ("CITY"), whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and Brighton Investments, LLC, ("OWNER/DEVELOPER"), whose address is 2929 W. Navigator #400, Meridian, ID 83642. RECITALS A. CITY and OWNER/DEVELOPER entered into that certain Development Agreement that was recorded on May 23, 2018 in the real property records of Ada County as Instrument No. 2018-047368 ("DEVELOPMENT AGREEMENT"). B. CITY and OWNER/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. C. On the 24"' day of September, 2019, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit "B". NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 1. OWNEWDEVELOPER shall be bound by the terms of the Development Agreement recorded in the records of Ada County as Instrument No. 2018-047368, except as specifically amended as follows: The updated Development Plan for the site approved on September 24, 2019 is hereby attached as Exhibit "A". 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: 1. Prior to issuance of any building permits other than for the community center on the subj ect property, the property shall be subdivided. A building permit is allowed to be issitedfor the community centerprior to recordation ofthe final plat. Prior to submittal of building permit application, a Certificate of Zoning Compliance and Design Review application is required to be submitted and approved by the Planning Division. ADDENDUM 'FODEVELOPMENT AGREEMENT —IIAINBIZIDGI"NORTH —11-2019-0074 Page lof3 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 D e c e m b e r 1 7 , 2 0 1 9 – P a g e 2 0 3 o f 5 0 4 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: Brighton I�nvestments, LLC By: Y7161,Q. 14l F/ Its: h-kbr i2e,4 5i!jvwy CITY OF MERIDIAN By: Mayor Tammy de Weerd [3�► STATE OF IDAHO ) ss: County of Ada, ) M �+ City Or w E IDIANT* 0o10 SEAL A, 4(6�Me 1jec4-her1t�, C)epul� Gerk On this V"'dayof ��64'1'l. k , 2019, before me, the undersigned, a Notary Public in and for said State, personally appeared g(a I(L 0. 4U1*' , known or identified to me to be the Vri7eA �A of Brighton Investments, LLC and the person who signed above and acknowledged to me that le executed the same on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my tan and affixe my official seal the day and year in this certificate first AMANDA MCCURRY (SEAL) COMMISSION X28 NOTARY PUBLIC Notat Public for Ida STATE OF IDAHO MY COMMISSION EXPIRES 04/15Ja0e,3 Residing at: [ti My Commission Expires: 'ills 2023 STATE OF IDAHO ) . ss County of Ada On this ��da f 1��C2UY1ijQ,li , 2019, before me, a Notary Public, personally appeared Tammy de Weerd and-f lknown or identified to me to be the Mayor and CGerrc respectively, of the City of Meridian, who execute 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 D%1fiAUU1U4h - L)COMMISSION #67390 Notary Public dahQ NOTARY PUBLIC Residing at: STATE OF IDAHO A I j I -an T -b - MY COMMISSION EXPIRES 3/28422 Commission expires: ADDENDUM TO DEVELOPMENT AGREEMENT — BAINBRIDGE NORTH — I-1-2019-0074 Page 3 of 3 Bainbridge North - H-2019-0074 Exhibit A - Development Plan Meridian City Council Meeting Agenda December 17, 2019 – Page 205 of 504 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2019-0074 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for a Development Agreement Modification to Update the Conceptual Development Plan; Preliminary Plat Consisting of 165 Building Lots and 13 Common Lots on 35.57 Acres of Land in the R-15 Zoning District; and Planned Unit Development in the R-15 Zoning District for Bainbridge North, by Brighton Investments, LLC. Case No(s). H-2019-0074 For the City Council Hearing Date of: September 10, 2019 (Findings on September 24, 2019) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of September 10, 2019, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of September 10, 2019, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of September 10, 2019, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of September 10, 2019, 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 September 24, 2019 – Page 58 of 257 EXHIBIT B Meridian City Council Meeting Agenda December 17, 2019 – Page 206 of 504 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2019-0074 - 2 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of September 10, 2019, 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 Preliminary Plat, Planned Unit Development and Development Agreement Modification is hereby approved per the conditions of approval in the Staff Report for the hearing date of September 10, 2019, 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 Planned Unit Development Duration Please take notice that the planned unit development, when granted, shall be valid for a maximum period of two (2) years unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For planned unit developments approved concurrently with platting, the final plat must be signed by the City Engineer within this two (2) year period. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-5B-6.G.1, the Director may authorize a single extension of the time to commence the Meridian City Council Meeting Agenda September 24, 2019 – Page 59 of 257Meridian City Council Meeting Agenda December 17, 2019 – Page 207 of 504 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2019-0074 - 3 - use not to exceed one (1) two (2) year period. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the conditional use comply with the current provisions of Meridian City Code Title 11(UDC 11-5B-6F). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six (6) months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six (6) month approval period. E. Notice of Final Action and Right to Regulatory Takings Analysis 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 September 10, 2019 Meridian City Council Meeting Agenda September 24, 2019 – Page 60 of 257Meridian City Council Meeting Agenda December 17, 2019 – Page 208 of 504 By action of the City Council at its regular meeting held on the 2019. COUNCIL PRESIDENT JOE BORTON COUNCIL VICE PRESIDENT LUKE CAVENER COUNCIL MEMBER ANNE LITTLE ROBERTS COUNCIL MEMBER TY PALMER COUNCIL MEMBER TREG BERNT 214'141 day of VOTED , VOTED A..n VOTED_ _ 1'yP VOTED VOTED COUNCIL MEMBER GENESIS MILAM VOTED MAYOR TAMMY de WEERD VOTED TIE BREAKER) Mayor Tammy de Weerd Attest: Clem// O 0 U///^ SEAL41, F2 XPii Copy served upon Applicant, Attorney. By: Dated: City Clerk's Office t Department, Public Works Department and City CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2019-0074 - 4 - Meridian City Council Meeting Agenda December 17, 2019 – Page 209 of 504 EXHIBIT A Page 1 HEARING DATE: 9/10/2019 TO: Mayor & City Council FROM: Sonya Allen, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2019-0074 Bainbridge North LOCATION: SEC of W. Chinden Blvd./SH 20-26 and N. Tree Farm Way (NE ¼ of Section 27, T.4N., R.1W.) I. PROJECT DESCRIPTION The Applicant has submitted the following applications: Modification to the Development Agreement (Inst. #2018-047368) to update the conceptual development plan for the site; Preliminary Plat consisting of 165 building lots and 13 common lots on 35.57 acres of land in the R-15 zoning district; Planned Unit Development incorporating a variety of housing types with deviations to the typical R-15 building setback requirements; Private Street for internal gated privately owned streets within the development; and, Alternative Compliance to the following UDC standards: 1) Table 11-3C-6, which requires parking pads to be provided in addition to garage spaces, to not be required to provide parking pads due to the age restricted (55+) residents and the anticipation they will have fewer vehicles; 2) 11-3F-4.A.4, which restricts development to no more than 50 dwelling units with a gated entrance to the development; 3) 11-3F-4A.6, which doesn’t allow common driveways to be accessed off private streets; 4) 11-3F-4B.2b, which requires private streets to have a travel lane of 24’ or 26’ as determined by the Fire Marshall relative to the height and size of the proposed structures that adjoin the private street; and, STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Meridian City Council Meeting Agenda September 24, 2019 – Page 62 of 257Meridian City Council Meeting Agenda December 17, 2019 – Page 210 of 504 Page 2 5) 11-3F-4B.2d, which requires all drive aisles to be posted as fire lanes with no parking allowed and the curbs next to the drive aisle to be painted red. Note: The private street and alterative compliance applications are reviewed by the Director; Commission/Council action is not required. II. SUMMARY OF REPORT A. Project Summary B. Community Metrics Description Details Page Acreage 35.57 Future Land Use Designation MDR (3-8 units/acre) Existing Land Use Vacant/undeveloped Proposed Land Use(s) SFR Current Zoning R-15 Proposed Zoning NA Lots (# and type; bldg/common) 165 building/13 common Phasing plan (# of phases) 2 phases Number of Residential Units (type of units) 165 Density (gross/net) 4.64 units/acre (gross); 8.97 units/acre (net) Open Space (acres, total [%] / buffer / qualified) 9.38 acres (26.37%) Amenities Regional pathway, community center Physical Features (waterways, hazards, flood plain, hillside) NA Neighborhood meeting date; # of attendees: 1/16/19 and 6/13/19 (see application for list of attendees) History (previous approvals) H-2018-0004 (AZ - DA #2018-047368, PP) 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) 1) Access via N. Tree Farm Way and (1) access via W. Lost Rapids Dr., both collector streets; private streets internally Stub Street/Interconnectivity/Cross Access No stub streets were required to the commercial property to the east Existing Road Network N. Tree Farm Way and W. Lost Rapids Dr., both collector streets, are existing Existing Arterial Sidewalks / Buffers Detached sidewalks exist along the collector streets Proposed Road Improvements None Meridian City Council Meeting Agenda September 24, 2019 – Page 63 of 257Meridian City Council Meeting Agenda December 17, 2019 – Page 211 of 504 Page 3 Fire Service Distance to Fire Station 1.8 miles from Fire Station #5 Fire Response Time 4:00 minutes under ideal conditions Resource Reliability 81% (does not meet targeted goal of 85% or greater) Risk Identification 1 (current resources would be adequate) Accessibility Meets all required access, road widths and turnarounds Special/resource needs Won’t require an aerial device Water Supply Requires 1,000 gallons per minute for one hour Other Resources NA Police Service Distance to Police Station 8 miles Police Response Time 5 minutes Calls for Service 402 within one mile of site between 4/1/2018 and 3/31/2019 Accessibility No issues with access Specialty/resource needs None Crimes None Crashes None West Ada School District Distance (elem, ms, hs) No comments received Capacity of Schools of Students Enrolled Wastewater Distance to Sewer Services 0 feet Sewer Shed North Black Cat Trunkshed Estimated Project Sewer ERU’s See application WRRF Declining Balance 13.69 Project Consistent with WW Master Plan/Facility Plan Yes – Flows committed with annexation Water Distance to Water Services 0 feet Pressure Zone One Estimated Project Water ERU’s See application Water Quality None Project Consistent with Water Master Plan Yes Impacts/Concerns Distance to nearest City Park (+ size) Directly across the street from 7.5 acre City park Distance to other key services Within a half mile of a grocery store (Walmart) Meridian City Council Meeting Agenda September 24, 2019 – Page 64 of 257Meridian City Council Meeting Agenda December 17, 2019 – Page 212 of 504 Page 4 C. Project Area Maps III. APPLICANT INFORMATION A. Applicant: Brighton Investments, LLC – 2929 W. Navigator #400, Meridian, ID 83642 B. Owner: Same as Applicant C. Representative: Michael D. Wardle, Brighton Corporation – 2929 W. Navigator #400, Meridian, ID 83642 Future Land Use Map Aerial Map Zoning Map Planned Development Map Meridian City Council Meeting Agenda September 24, 2019 – Page 65 of 257Meridian City Council Meeting Agenda December 17, 2019 – Page 213 of 504 Page 5 IV. NOTICING Planning & Zoning Posting Date City Council Posting Date Newspaper Notification 7/26/2019 8/23/2019 Radius notification mailed to properties within 300 feet 7/23/2019 8/20/2019 Public hearing notice sign posted on site 8/1/2019 8/27/2019 Nextdoor posting 7/23/2019 8/20/2019 V. STAFF ANALYSIS A. Future Land Use Map Designation (https://www.meridiancity.org/compplan) and Comprehensive Plan Policies (https://www.meridiancity.org/compplan): Medium Density Residential (MDR) – 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 units per acre. The Applicant’s proposal to develop the site with a mix of single-family attached and detached homes consisting of a total of 165 units at a gross density of 4.64 units per acre (net density of 8.97 units per acre) is consistent with the MDR FLUM designation. Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property (staff analysis in italics): 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) The proposed mix of attached and detached units will contribute to the diversity in housing types in the northern portion of the City. Staff is unaware if the proposed units will be owner occupied or rental units. Provide housing options close to employment and shopping centers.” (3.07.02D) The proposed development will provide housing options in close proximity to the existing and future employment and shopping centers along the Chinden Blvd. and Ten Mile corridors. Require open space areas within all development.” (6.01.01A) Qualified open space is proposed to be provided in accord with the standards listed in UDC 11-3G-3. 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) Urban services can be provided to this development, which has been annexed into the City. Restrict private curb cuts and access points on collectors and arterial streets.” (3.06.02D); Access is proposed via the adjacent collector streets; access via a local street is not available. Direct access to W. Chinden Blvd. is prohibited Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system.” (3.03.03B) A pathway connection is proposed to the east to the future commercial development for pedestrian connectivity; no other neighborhoods adjoin this site. A 10-foot wide segment of Meridian City Council Meeting Agenda September 24, 2019 – Page 66 of 257Meridian City Council Meeting Agenda December 17, 2019 – Page 214 of 504 Page 6 the multi-use pathway is required to be constructed along Chinden Blvd. to provide pedestrian connectivity to the area. B. Proposed Development Applications: Development Agreement Modification: Modification to the Development Agreement (DA) Inst. #2018-047368) to update the conceptual development plan for the site. The existing and proposed plan is for a mix of single-family attached and detached units for seniors age 55 and older; the layout of the development is the only thing that has changed. The existing plan depicts a central common area surrounded by building lots; the proposed plan depicts a gated community with 3 large separate active and passive common areas dispersed throughout the development accessed by gated private streets (see Section VII.A). The Applicant also requests to be allowed to obtain one (1) building permit for the clubhouse prior to the final plat recording. Staff is amenable to this request to support the marketing of the development and recommends the existing DA provision which prohibits any building permits from being issued on the subject property until it is subdivided is amended accordingly (see Section VIII.A.1a). Preliminary Plat: The proposed preliminary plat consists of 165 building lots and 13 common lots on 35.57 acres of land in the R-15 zoning district and is proposed to develop in two (2) phases as shown on the phasing plan (see Section VII.B). Planned Unit Development: A Planned Unit Development is proposed to enable the provision of a mix of attached and detached age-qualified 55+ dwelling units that incorporate a variety of housing types and setbacks unique to unit and site design. The development is proposed to be gated for security purposes and have private streets, alleys and a common driveway for access to the units within the development. Deviations to the typical R-15 building setback requirements are proposed as noted below (F); and to UDC 11-6C-3B.5, which requires alleys to be designed so that the entire length is visible from a public street. Private Streets: Gated private streets are proposed internally for access to the lots in the development. This application requires approval from the Director and does not require Commission/Council action. Alternative Compliance: Alternative Compliance is requested to the following UDC standards: 1) Table 11-3C-6, which requires parking pads to be provided in addition to garage spaces, to not be required to provide parking pads due to the age restricted (55+) residents and the anticipation they will have fewer vehicles; 2) 11-3F-4.A.4, which restricts development to no more than 50 dwelling units with a gated entrance to the development, to allow 165 units with a gated entrance; 3) 11-3F-4A.6, which doesn’t allow common driveways to be accessed off private streets, to allow one (1) common driveway to be accessed off the adjacent private street; 4) 11-3F-4B.2b, which requires private streets to have a travel lane of 24’ or 26’ as determined by the Fire Marshall relative to the height and size of the proposed structures that adjoin the private street, to allow 29-foot street sections; and, 5) 11-3F-4B.2d, which requires all drive aisles to be posted as fire lanes with no parking allowed and the curbs next to the drive aisle to be painted red, to allow parking on one side of the street with the opposite side signed no parking with red painted curbs. This application requires approval from the Director and does not require Commission/Council action. Meridian City Council Meeting Agenda September 24, 2019 – Page 67 of 257Meridian City Council Meeting Agenda December 17, 2019 – Page 215 of 504 Page 7 C. Existing Structures/Site Improvements: There are no existing structures on this site; detached sidewalks exist along the abutting collector streets (N. Tree Farm Way and W. Lost Rapids Dr.). D. Proposed Use Analysis: The proposed single-family attached and detached dwellings are listed in UDC Table 11-2A-2 as principal permitted uses in the R-15 zoning district. E. Dimensional Standards (UDC 11-2A-7): Future development is subject to the dimensional standards listed in UDC Table 11-2A-7 for the R-15 zoning district as follows: The Applicant proposes deviations to some of these standards with the PUD as follows (see PUD Site Plan in Section VII.E): Street setback to living area (local): from 10’ to 6’ for traditional - alley garage & alley park side Meridian City Council Meeting Agenda September 24, 2019 – Page 68 of 257Meridian City Council Meeting Agenda December 17, 2019 – Page 216 of 504 Page 8 Street setback to living area (alley): from 10’ to 6’ Rear setback: from 12’ to 6’ for traditional - alley garage & alley park side No deviations to the setbacks are requested or approved to the setbacks along the periphery of the planned development. F. Access (UDC 11-3A-3, 11-3H-4): Access is proposed via two (2) driveways from the abutting collector streets (N. Tree Farm Way from the west and W. Lost Rapids Dr. from the south) – local street access is not available to this property; direct access via Chinden Blvd./SH-20/26 is prohibited. Private streets are proposed on Lot 55, Block 1 for internal access within the development; alleys are proposed off of private streets for traditional alley-loaded units. Private streets are not typically intended for single-family developments; however, because the development is proposed to be gated, creates common mews through the site design and is part of a planned unit development, Staff is of the opinion private streets are appropriate. Private streets are required to comply with the design and construction standards listed in UDC 11-3F-4. ACHD has approved the private street connection(s) to the public street(s) contingent upon the City approving the private street application. Alternative Compliance is requested to the following private street standards: 1) 11-3F-4.A.4, which restricts development to no more than 50 dwelling units with a gated entrance to the development, to allow 165 units with a gated entrance; 2) 11-3F-4A.6, which doesn’t allow common driveways to be accessed off private streets, to allow one (1) common driveway to be accessed off the adjacent private street; 3) 11-3F-4B.2b, which requires private streets to have a travel lane of 24’ or 26’ as determined by the Fire Marshall relative to the height and size of the proposed structures that adjoin the private street, to allow 29-foot street sections; and, 4) 11-3F-4B.2d, which requires all drive aisles to be posted as fire lanes with no parking allowed and the curbs next to the drive aisle to be painted red, to allow parking on one side of the street with the opposite side signed no parking with red painted curbs. Staff is of the opinion the proposed design includes innovative design features based on New Urbanism such as a walkable secure/gated neighborhood, neo-traditional design, pedestrian connectivity to the future commercial development to the east and a variety of housing types and sizes and therefore, provides an equal means of meeting the intent and purpose of the aforementioned regulations. Therefore, the Director approves the requests for Alternative Compliance to the private street standards. G. Parking (UDC 11-3C-6): Off-street parking is required for each dwelling unit in accord with UDC 11-3C-6, based on the number of bedrooms per unit; garage spaces as well as outside parking pads are required. Meridian City Council Meeting Agenda September 24, 2019 – Page 69 of 257Meridian City Council Meeting Agenda December 17, 2019 – Page 217 of 504 Page 9 Alternative Compliance to UDC Table 11-3C-6 is requested to not be required to provide outside parking pads due to the age restricted (55+) residents and the anticipation they will have fewer vehicles. Because 29’ wide private streets are proposed within the development, parking is allowed on one side of the street and should be provided on the street side adjacent to the alley accessed units rather than the patio homes with front accessed garages to allow for more spaces that aren’t encumbered by driveways. Planning and Fire Dept. Staff are concerned there will not be adequate parking for guests. Therefore, Staff recommends a minimum of 14 additional parking spaces are provided between the two large common areas on Lots 112 and 154 for additional guest parking as a provision of the Alternative Compliance request. With the additional parking, the Director approves the Alternative Compliance request. One parking space per every 500 square feet of gross floor area is required for non-residential uses. The community center is proposed to be in the 6,000-7,000 square foot range which would require 12-14 spaces. The PUD site plan depicts 28 parking spaces, exceeding the minimum requirements, off the private streets on either side of the community center near the southern portion of the development. The extra spaces will contribute to the guest parking needed for the site. H. Pathways (UDC 11-3A-8, 11-3H-4C-4): A detached 10-foot wide multi-use pathway is required to be constructed with a public use easement within the street buffer along W. Chinden Blvd. per UDC 11-3H-4C.4. A micro- pathway is proposed to the east to the future commercial development at the northeast corner of the development. Landscaping is required adjacent to pathways in accord with the standards listed in UDC 11-3B-12C. Although a pathway is needed for interconnectivity with the commercial development to the east, the proposed location between Lots 31 and 32 is not ideal as it connects to a driveway at the entrance of the future commercial development from Chinden Blvd. – there is no pathway connection planned on the commercial site which will present a safety hazard to pedestrians. Therefore, Staff recommends the pathway is shifted further to the south in the vicinity of Lot 41, Block 1 in alignment with the sidewalk on the north side of the Costco building; or, the Applicant coordinate with the developers of the Costco site to provide a safe pedestrian connection elsewhere between the two developments that avoids pedestrian/vehicular conflicts. Depict one (1) additional pathway for unrestricted access to pedestrians and bicycles within the proposed development in accord with UDC 11-3F-4A.4c in the vicinity of Lot 67, Block 1. I. Sidewalks (UDC 11-3A-17): Detached sidewalks exist along the abutting collector streets (N. Tree Farm Way and W. Lost Rapids Dr.); a detached sidewalk/pathway is required along W. Chinden Blvd.; detached sidewalks are proposed internally adjacent to private streets. J. Parkways (UDC 11-3A-17): Parkways are required to be constructed per the standards listed in UDC 11-3A-17E and landscaped per the standards in 11-3B-7C. Eight-foot wide parkways are proposed abutting all private streets except where attached sidewalks are proposed adjacent to Lot 133, Block 1 where parking is proposed adjacent to the community center. Meridian City Council Meeting Agenda September 24, 2019 – Page 70 of 257Meridian City Council Meeting Agenda December 17, 2019 – Page 218 of 504 Page 10 K. Landscaping (UDC 11-3B): Landscaping is required within street buffers (11-3B-7C), adjacent to pathways (11-3B-12C), within parkways (11-3A-17E and 11-3B-7C), and within common open space areas (11-3G-3E) in accord with UDC standards. L. Qualified Open Space (UDC 11-3G-3): A minimum of 10% qualified open space is required to be provided within the development; based on 35.57 acres of land, a minimum of 3.56 acres is required. The qualified open space exhibit in Section VII.D depicts 9.38 acres (or 26.37%) of qualified open space consisting of parkways, street buffers along collector streets and internal common open space areas. Although a few of the areas counted do not meet the requirements for qualified open space (i.e. end caps), the proposed open space far exceeds UDC standards without those areas. M. Qualified Site Amenities (UDC 11-3G-3): A minimum of two (2) site amenities are required to be provided within the development based on 35.57 acres of development area. A 10-foot wide multi-use pathway is proposed within the street buffer along W. Chinden Blvd., a pathway connection is proposed to the east, and a community clubhouse, pool and outdoor activity complex are proposed as amenities exceeding the minimum UDC standards. N. Private Open Space (UDC 11-7-4B) In addition to the afore-noted common open space & site amenity requirements, a minimum of 80 square feet of private, usable open space is required to be provided for each residential unit in a planned unit development. This can be satisfied through porches, patios, decks and enclosed yards; landscaping, entryway and other accessways do not count toward this requirement. The Applicant proposed patio areas, porches and abutting yard space(s) in excess of 80 s.f. for each unit. O. Noise Abatement (UDC 11-3H-4D) Noise abatement is required for residential uses adjoining state highways (i.e. US 20-26/Chinden Blvd.) as set forth in UDC 11-3H-4D. The applicant has submitted a cross-section of the noise abatement proposed along Chinden Blvd. consisting of a 4-foot tall berm and 6-foot tall wood fence (see Sheet PPL1.5 of the landscape plan in Section VII.C). Wood fencing is not qualify as a noise attenuating material; wall materials are required to consist of impervious concrete or stucco or other appropriate attenuating material. Additionally, monotonous walls are not allowed and must have vary in color and/or texture every 300’ and/or the wall should be staggered every 300’ in accord with the standards in UDC 11-3H-4D.3. A revised detail of the proposed noise abatement should be submitted with the final plat application that complies with this standard. P. Subdivision Design & Improvement Standards (UDC 11-6C-3) Alleys (UDC 11-6C-3B.5): Alleys are required to comply with the standards listed in UDC 11- 6C-3B.5. Parking is not allowed within alleys; “No Parking – Fire Lane” signs should be installed accordingly within the development. The parallel parking spaces off the alleys are allowed. Alleys are required to be designed so that the entire length is visible from a public street; none of the proposed alleys are visible from public streets as private streets are proposed within the development. Deviation from this standard is requested with the PUD to allow the alleys as Meridian City Council Meeting Agenda September 24, 2019 – Page 71 of 257Meridian City Council Meeting Agenda December 17, 2019 – Page 219 of 504 Page 11 proposed. Staff is of the opinion the proposed overall design of the development includes innovative design features based on New Urbanism such as a walkable secure/gated neighborhood, neo-traditional design, pedestrian connectivity to the future commercial development to the east and a variety of housing types and sizes and therefore, provides an equal means of meeting the intent and purpose of the aforementioned standard. Therefore, the Director approves the requests for Alternative Compliance. Common Driveways (UDC 11-6C-3D): One common driveway is proposed on Lot 5, Block 1 providing access to Lots 6 and 7, Block 1. Common driveways are required to comply with the standards listed in UDC 11-6C-3 as follows: The driveways for Lots 4 and 8 are required to be located 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 landscape buffer; an exhibit should be submitted with the final plat application depicting the setbacks, fencing, building envelope and orientation of the lots and structures accessed by the common driveway; lots abutting the common driveway that aren’t taking access from the driveway should also be depicted with driveways on the opposite side of the lot from the common driveway; a perpetual ingress/egress easement 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. Alternative Compliance is requested to 11-3F-4A.6, which doesn’t allow common driveways off of a private street (see analysis above under V.G). Block face: In residential districts, the UDC (11-6C-3F) limits block faces to 750’ in length without an intersecting street or alley; except where a pedestrian connection is provided in which case the maximum block face may be extended up to 1,000’ in length, or with Council approval where block design is constrained by certain site conditions as detailed in UDC 11-6C-3F.3 which include when the property abuts an arterial street or highway as is the case in this instance. The face of Block 1 on the north side of W. Silver River Ln. (Lots 9-29) exceeds the maximum block length of 750’ at approximately 1,000’ and a pedestrian connection is not provided which would allow the block length to extend to 1,000’. The City Council may approve a block face up to 1,200’ in length where block design is constrained by site conditions that include an abutting arterial street or highway such as this; Council approval is required – otherwise the plat must be reconfigured to comply with this standard. Q. Waterways (UDC 11-3A-6): There are no waterways that exist on or cross this site. R. Fencing (UDC 11-3A-7): All proposed fencing is required to comply with the standards listed in UDC 11-3A-7. Six-foot tall wood fencing is proposed around the perimeter of the development with 5-foot tall clear vision metal fencing along interior common areas. Note: Wood fencing is not allowed along the northern boundary as a sound attenuating material for noise abatement adjacent to the state highway as mentioned above. S. Utilities (UDC 11-3A-21): 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. Meridian City Council Meeting Agenda September 24, 2019 – Page 72 of 257Meridian City Council Meeting Agenda December 17, 2019 – Page 220 of 504 Page 12 T. Pressurized Irrigation System (UDC 11-3A-15) An underground PI system is proposed to be provided to each lot in the subdivision in accord with UDC 11-3A-15. The system will be operated and maintained by the Homeowner’s Association. 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. V. Building Elevations (UDC 11-3A-19 | Architectural Standards Manual): Conceptual building elevations are proposed as shown in Section VII.F for the single-family alley-loaded and patio home units. All attached structures are required to comply with the residential design standards listed in the Architectural Standards Manual. An administrative design review application must be submitted to the Planning Division and approved prior to submittal of building permit applications; one design review application may be submitted for the overall development. W. Planned Unit Developments (UDC 11-7-4E) In approving the planned development, the Council may prescribe appropriate conditions, additional conditions, bonds, and safeguards in conformity with this title that: 1. Minimize adverse impact of the use on other property. 2. Control the sequence and timing of the use. 3. Control the duration of the use. 4. Assure that the use and the property in which the use is located is maintained properly. 5. Designate the exact location and nature of the use and the property development. 6. Require the provision for on-site or off-site public facilities or services. 7. Require more restrictive standards than those generally required in this title. 8. Require mitigation of adverse impacts of the proposed development upon service delivery by any political subdivision, including school districts, which provides services within the city. Ord. 05-1170, 8-30-2005, eff. 9-15-2005) VI. DECISION A. Staff/Director: Staff recommends approval of the subject applications with the conditions in Section VII in accord with the Findings in Section XI. The Director has approved the requests for private streets and alternative compliance. B. The Meridian Planning & Zoning Commission heard these items on August 15, 2019. At the public hearing, the Commission moved to recommend approval of the subject PP and PUD requests. 1. Summary of Commission public hearing: a. In favor: Mike Wardle, Brighton Corp.; Jon Wardle, Brighton Corp. b. In opposition: None c. Commenting: None d. Written testimony: Mike Wardle, Brighton Corp. Meridian City Council Meeting Agenda September 24, 2019 – Page 73 of 257Meridian City Council Meeting Agenda December 17, 2019 – Page 221 of 504 Page 13 e. Staff presenting application: Sonya Allen f. Other Staff commenting on application: None 2. Key issue(s) of public testimony: a. The Applicant requests a modification to condition #A.3f in Section VIII to allow the Developer to submit for alternative compliance to the noise abatement requirements consistent with UDC 11-3H-4D.4; and b. The Applicant requests condition #A.13 in Section VIII is deleted that pertains to the block face exceeding UDC standards as an intersecting alley qualifies as a break in the block face. 3. Key issue(s) of discussion by Commission: a. The sound attenuation wall required along SH-20/26 and the Applicant’s request to allow Alternative Compliance as a means of compliance; b. The type and size of buffer proposed between the residential development and the future commercial development (i.e. Costco) to the east; c. The width of the proposed alleys; and, d. The location of the pathway connection to the east. 4. Commission change(s) to Staff recommendation: a. Modification to condition #A.3f in Section VIII as requested by the Applicant; b. Delete condition #A.13 in Section VIII as requested by the Applicant; and, c. Modification to condition #A.3a in Section VIII to require the Applicant to work with Staff to situate the pedestrian connection to the east in a location that makes the most sense. 5. Outstanding issue(s) for City Council: a. None C. The Meridian City Council heard these items on September 10, 2019. At the public hearing, the Council moved to approve the subject PP, PUD and MDA requests. 1. Summary of the City Council public hearing: a. In favor: Mike Wardle b. In opposition: None c. Commenting: Phillip Morris and Joseph Hammer d. Written testimony: None e. Staff presenting application: Sonya Allen f. Other Staff commenting on application: None 2. Key issue(s) of public testimony: a. b. Traffic on Chinden Boulevard Location of WASD bus stops on W. Lost Rapids Dr. and safe access for children loading on the bus. 3. Key issue(s) of discussion by City Council: a. None 4. City Council change(s) to Commission recommendation: a. None Meridian City Council Meeting Agenda September 24, 2019 – Page 74 of 257Meridian City Council Meeting Agenda December 17, 2019 – Page 222 of 504 Page 14 VII. EXHIBITS A. Existing & Proposed Conceptual Development Plan for Development Agreement Existing (included in DA #2018-047368): Meridian City Council Meeting Agenda September 24, 2019 – Page 75 of 257Meridian City Council Meeting Agenda December 17, 2019 – Page 223 of 504 Page 15 Proposed: Meridian City Council Meeting Agenda September 24, 2019 – Page 76 of 257Meridian City Council Meeting Agenda December 17, 2019 – Page 224 of 504 Page 16 B. Preliminary Plat & Phasing Plan (date: 6/6/2019) Meridian City Council Meeting Agenda September 24, 2019 – Page 77 of 257Meridian City Council Meeting Agenda December 17, 2019 – Page 225 of 504 Page 17 Meridian City Council Meeting Agenda September 24, 2019 – Page 78 of 257Meridian City Council Meeting Agenda December 17, 2019 – Page 226 of 504 Page 18 C. Landscape Plan (date: 6/6/2019) Meridian City Council Meeting Agenda September 24, 2019 – Page 79 of 257Meridian City Council Meeting Agenda December 17, 2019 – Page 227 of 504 Page 19 Meridian City Council Meeting Agenda September 24, 2019 – Page 80 of 257Meridian City Council Meeting Agenda December 17, 2019 – Page 228 of 504 Page 20 Meridian City Council Meeting Agenda September 24, 2019 – Page 81 of 257Meridian City Council Meeting Agenda December 17, 2019 – Page 229 of 504 Page 21 D. Qualified Open Space & Site Amenity Exhibits (date: 6/6/2019) Meridian City Council Meeting Agenda September 24, 2019 – Page 82 of 257Meridian City Council Meeting Agenda December 17, 2019 – Page 230 of 504 Page 22 Meridian City Council Meeting Agenda September 24, 2019 – Page 83 of 257Meridian City Council Meeting Agenda December 17, 2019 – Page 231 of 504 Page 23 Meridian City Council Meeting Agenda September 24, 2019 – Page 84 of 257Meridian City Council Meeting Agenda December 17, 2019 – Page 232 of 504 Page 24 E. PUD Site Plan (Units & Setbacks) & Site Amenity Plan Meridian City Council Meeting Agenda September 24, 2019 – Page 85 of 257Meridian City Council Meeting Agenda December 17, 2019 – Page 233 of 504 Page 25 Meridian City Council Meeting Agenda September 24, 2019 – Page 86 of 257Meridian City Council Meeting Agenda December 17, 2019 – Page 234 of 504 Page 26 F. Building Elevations Meridian City Council Meeting Agenda September 24, 2019 – Page 87 of 257Meridian City Council Meeting Agenda December 17, 2019 – Page 235 of 504 Page 27 VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. Within six (6) months of Council’s approval of the findings for the amended development agreement and prior to submittal of a final plat application, the developer shall sign and obtain Council approval of the amended development agreement that includes an updated development plan as shown in Section VII.A and includes the following revision to condition 5.1.5: a. Prior to issuance of any building permits other than for the community center on the subject property, the property shall be subdivided. A building permit is allowed to be issued for the community center prior to recordation of the final plat. Prior to submittal of a building permit application, a Certificate of Zoning Compliance and Design Review application is required to be submitted and approved by the Planning Division. 2. The preliminary plat included in Section VII.B, dated 6/6/19 shall be revised as follows: a. Depict one (1) additional pathway for unrestricted access to pedestrians and bicycles within the proposed development in accord with UDC 11-3F-4A.4c in the vicinity of Lot 67, Block 1. b. Depict 14 additional parking spaces for guests on Lots 112 and 154 in addition to those proposed at the community center on Lot 133; the spaces shall be distributed between the two lots. c. Depict zero lot lines on those lots that have shared walls. 3. The landscape plan included in Section VII.C, dated 6/6/19 shall be revised as follows: a. The pathway on Lot 2 between Lots 31 and 32, Block 1 shall be shifted further to the south in the vicinity of Lot 41, Block 1 in alignment with the sidewalk on the north side of the future Costco building to the east; or, the Applicant shall coordinate with the developers of the Costco site to provide a safe pedestrian connection elsewhere between the two developments that avoids pedestrian/vehicular conflicts. The Applicant should work with Staff on the location of the pathway that makes the most sense. b. Depict one (1) additional pathway for unrestricted access to pedestrians and bicycles within the proposed development in accord with UDC 11-3F-4A.4c in the vicinity of Lot 67, Block 1. c. Depict landscaping adjacent to pathways in accord with the standards listed in UDC 11- 3B-12C. d. Depict the location of the gates across the private street entries to the development; the gates shall be located a minimum of 50 feet back from the ultimate edge of right-of-way to the connecting public street to allow sufficient stacking distance as set forth in UDC 11-3F-4A.4. e. Depict 14 additional parking spaces for guests on Lots 112 and 154 in addition to those proposed at the community center on Lot 133; the spaces should be distributed between the two lots. Meridian City Council Meeting Agenda September 24, 2019 – Page 88 of 257Meridian City Council Meeting Agenda December 17, 2019 – Page 236 of 504 Page 28 f. The detail (#3) for the noise abatement buffer for residential uses adjacent to SH- 20/26/Chinden Blvd. shown on Sheet PPL1.5 shall be revised to comply with the standards listed in UDC 11-3H-4D.3. Wood fencing doesn’t qualify as a sound attenuating material. The Director may approve alternative compliance as set forth in 11- 5B-5 where the Applicant has a substitute noise abatement proposal in accord with ITD standards and prepared by a qualified sound engineer as set forth in UDC 11-3H-4D.4. 4. Private streets within the development are required to comply with the design and construction standards listed in UDC 11-3F-4. Exception: Alternative Compliance was approved to UDC 11-3F-4A.6 to allow the common driveway off of the private street; to UDC 11-3F-4A.4b to allow the development to exceed 50 dwelling units in a gated development; and to UDC 11-3F-4B.2b, d to allow 29-foot wide private streets with parking one side of the street. 5. Parking is only allowed on one side of the internal private streets; the opposite sides shall be signed “No Parking – Fire Lane.” Parking should be provided on the sides in front of the alley accessed units rather than in front of the patio homes with front accessed garages. 6. No parking is allowed in alleys or within street sections where medians are proposed; install No Parking – Fire Lane” signage accordingly. The parallel parking spaces off the alleys are allowed. 7. Off-street parking shall be provided for this site as set forth in UDC 11-3C-6 except that Alternative Compliance was approved to UDC Table 11-3C-6 not requiring outside parking pads to be provided for single-family residential units. 8. An exhibit shall be submitted with the final plat application for the lots accessed by the common driveway that depicts the setbacks, fencing, building envelope and orientation of the lots and structures in accord with UDC 11-6C-3D. Driveways for abutting properties that aren’t taking access from the common driveway(s) shall 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. 9. Provide address signage at the street for homes on Lots 6 and 7, Block 1 accessed by the common driveway for emergency wayfinding purposes. 10. A perpetual ingress/egress easement shall be filed with the Ada County Recorder for the common driveway, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. A copy of the recorded easement shall be submitted to the Planning Division prior to signature on the final plat by the City Engineer. 11. Alleys are required to be constructed in accord with the standards listed in UDC 11-6C-3B.5. Exception: Alternative Compliance was approved which allowed the alleys to be designed so that the entire length is not visible from a public street since private streets are proposed within the development. 12. Provide a minimum of 80 square feet of private open space for each residential unit as required by UDC 11-7-4B in addition to the common open space & site amenity requirements in UDC 11-3G-3. This can be satisfied through porches, patios, decks and enclosed yards; landscaping, entryway and other accessways do not count toward this requirement. 13. The face of Block 1 on the north side of W. Silver River Ln. (Lots 9-29) exceeds the maximum block length of 750’ required by UDC 11-6C-3F; Council approval is needed to exceed the block face standard. Otherwise the plat shall be reconfigured to comply with this standard. Meridian City Council Meeting Agenda September 24, 2019 – Page 89 of 257Meridian City Council Meeting Agenda December 17, 2019 – Page 237 of 504 Page 29 14. All attached structures are required to comply with the residential design standards listed in the Architectural Standards Manual. An administrative design review application shall be submitted to the Planning Division and approved prior to submittal of building permit applications; one design review application may be submitted for the overall development. B. PUBLIC WORKS Site Specific Conditions: 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 streetlight future installation agreement shall be executed for the required lights on Chinden Blvd. General Conditions: 2. 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. 3. 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. 4. 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. 5. 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. 6. 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. Meridian City Council Meeting Agenda September 24, 2019 – Page 90 of 257Meridian City Council Meeting Agenda December 17, 2019 – Page 238 of 504 Page 30 7. 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 addressed 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. 8. 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. 9. 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. 10. 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. 11. 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. 12. 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. 13. 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. 14. 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. 15. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 16. Developer shall coordinate mailbox locations with the Meridian Post Office. 17. All grading of the site shall be performed in conformance with MCC 11-12-3H. 18. 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. 19. 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. 20. 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. Meridian City Council Meeting Agenda September 24, 2019 – Page 91 of 257Meridian City Council Meeting Agenda December 17, 2019 – Page 239 of 504 Page 31 21. 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. 22. 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. 23. 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. 24. 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/DocView.aspx?id=174247 D. POLICE DEPARTMENT http://weblink.meridiancity.org/weblink8/0/doc/174818/Page1.aspx E. CENTRAL DISTRICT HEALTH DEPARTMENT http://weblink.meridiancity.org/WebLink8/DocView.aspx?id=174313 F. DEPARTMENT OF ENVIRONMENTAL QUALITY (DEQ) http://weblink.meridiancity.org/weblink8/0/doc/174583/Page1.aspx G. NAMPA-MERIDIAN IRRIGATION DISTRICT (NMID) http://weblink.meridiancity.org/weblink8/0/doc/174695/Page1.aspx H. ADA COUNTY HIGHWAY DISTRICT (ACHD) http://weblink.meridiancity.org/weblink8/0/doc/175610/Page1.aspx Meridian City Council Meeting Agenda September 24, 2019 – Page 92 of 257Meridian City Council Meeting Agenda December 17, 2019 – Page 240 of 504 Page 32 IX. FINDINGS A. 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: 1. The plat is in conformance with the Comprehensive Plan; The Council finds that the proposed plat is in substantial compliance with the Medium Density Residential FLUM designation contained in the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more information. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The Council finds that public services are available and 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 developer at their own cost, the Council 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; Based on comments provided in Exhibit B from the public service providers (i.e., Police, Fire, ACHD, etc.), the Council finds there is public financial capability of supporting services for the proposed development. (See Exhibit B for more detail.) 5. The development will not be detrimental to the public health, safety or general welfare; and The Council finds the proposed development will not be detrimental to the public health, safety or general welfare. ACHD and ITD consider road safety issues in their analyses. 6. The development preserves significant natural, scenic or historic features. The Council is not aware of any significant natural, scenic or historic features on this site that need to be preserved. B. PLANNED UNIT DEVELOPMENT (UDC 11-7-5): 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 planned development request, the Council shall make the following findings: 1. The planned unit development demonstrates exceptional high quality in site design through the provision of cohesive, continuous, visually related and functionally linked patterns of development, street and pathway layout, and building design. The Council finds the proposed PUD demonstrates a high quality of development and site design with amenities that provides unique housing options for those 55 and older in the community. Meridian City Council Meeting Agenda September 24, 2019 – Page 93 of 257Meridian City Council Meeting Agenda December 17, 2019 – Page 241 of 504 Page 33 2. The planned unit development preserves the significant natural, scenic and/or historic features. The Council is unaware of any significant natural, scenic and/or historic features that may exist on this site. 3. The arrangement of uses and/or structures in the development does not cause damage, hazard, or nuisance to persons or property in the vicinity. The Council finds the proposed use and development of this property will not cause damage, hazard or nuisance to persons or property in the vicinity. 4. The internal street, bike and pedestrian circulation system is designed for the efficient and safe flow of vehicles, bicyclists and pedestrians without having a disruptive influence upon the activities and functions contained within the development, nor place an undue burden upon existing transportation and other public services in the surrounding area. The Council finds the internal private streets should provide for safe internal access to homes within the development and proposed pedestrian pathway will provide a safe bicycle and pedestrian route to the adjacent commercial development. 5. Community facilities, such as a park, recreational, and dedicated open space areas are functionally related and accessible to all dwelling units via pedestrian and/or bicycle pathways. The Council finds the proposed subdivision amenities (i.e. swimming pool, community center and outdoor activity area) are accessible to residents within the development via internal sidewalks. 6. The proposal complies with the density and use standards requirements in accord with chapter 2, "District Regulations", of this title. The Council finds the proposed single-family residential use of the development is a principal permitted use in the R-15 zoning district and falls within the density desired in this area. 7. The amenities provided are appropriate in number and scale to the proposed development. The Council finds the proposed amenities are appropriate for this development and provide a variety of entertainment for residents. 8. The planned unit development is in conformance with the comprehensive plan. The Council finds the proposed PUD is in general conformance with the Comprehensive Plan. C. PRIVATE STREET (UDC 11-3F-4) In order to approve the application, the Director shall find the following: 1. The design of the private street meets the requirements of this Article; The design of the proposed private streets complies with the standards listed in UDC 11-3F- 4A except as approved through alternative compliance. See analysis in Section V for more information. Meridian City Council Meeting Agenda September 24, 2019 – Page 94 of 257Meridian City Council Meeting Agenda December 17, 2019 – Page 242 of 504 Page 34 2. Granting approval of the private street would not cause damage hazard, or nuisance, or other detriment to persons, property, or uses in the vicinity; and Staff does not anticipate the proposed private streets would cause any hazard, nuisance or other detriment to persons, property or uses in the vicinity if they are designed as proposed and constructed in accord with the standards listed in UDC 11-3F-4B. 3. The use and location of the private street shall not conflict with the comprehensive plan and/or the regional transportation plan. The location of the private streets does not conflict with the Comprehensive Plan and/or the regional transportation plan. 4. The proposed residential development (if applicable) is a mew or gated development. The proposed gated residential development includes mews. D. ALTERNATIVE COMPLIANCE (UDC 11-3A-19.2A) In order to grant approval for alternative compliance, the director shall determine the following findings: 1. Strict adherence or application of the requirements is not feasible; OR While it’s feasible for the applicant to comply with UDC standards pertaining to off-street parking and private streets, the Director finds the proposed development offers a unique design as proposed with the planned unit development. 2. The alternative compliance provides an equal or superior means for meeting the requirements; and The Director finds the planned unit development proposed by the applicant as a whole provides an equal or superior means for meeting the requirements in that it contributes to the unique character and diversity in housing types available within the City. 3. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of the surrounding properties. The Director finds that the proposed alternative means will not be detrimental to the public welfare or impair the intended use/character of the surrounding properties and will actually contribute to the character and variety of housing types in this area of the City. Meridian City Council Meeting Agenda September 24, 2019 – Page 95 of 257Meridian City Council Meeting Agenda December 17, 2019 – Page 243 of 504 EIDIAN+=DAHO- CITY COUNCIL WORK SESSION AGENDA December 17, 2019 Agenda Item Number: 3 I Item Title: Approval of AIA Agreement A133-2009 To Kreizenbeck Construction for the Pre -Construction Services of Discovery Park Phase II for the Not -To -Exceed amount of $50,000.00 Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 3.I . Presenter: Consent Estimated Time f or P resentation: 0 Title of I tem - Approval of AIA Agreement A133 – 2009 to K reizenbeck Constructors for the Pre-Construction Services of Discovery P ark Phase II for the Not-to-E xceed Amount of $50,000.00 AT TAC HM E NT S: Description Type Upload D ate Council Memo Cover Memo 12/11/2019 A I A A 133 C MG C A greement Cover Memo 12/11/2019 A I A A 201 Terms and Conditions Cover Memo 12/11/2019 Meridian City Council Meeting Agenda December 17, 2019 – Page 244 of 504 Page 1 Memo To: Chris Johnson, City Clerk From: Keith Watts, Purchasing Manager CC: Mike Barton; Steve Siddoway Date: 12/10/2019 Re: December 17 th City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the December 17 th City Council Consent Agenda for Council’s consideration. Approval of AIA Agreement A133 – 2009 to Kreizenbeck Constructorss for the pre- construction services of Discovery Park Phase II for the Not-to-Exceed amount of $50,000.00. Recommended Council Action: Approval of AIA Agreement A133 - 2009 to Kreizenbeck Constructors for pre-construction of Discovery Park Phase II for the Not-to-Exceed amount of $50,000.00 as well authorize the Purchasing Manager to sign the Purchase Order for the Not-to-Exceed amount of $50,000.00. Thank you for your consideration. City of Meridian Purchasing Dept. Meridian City Council Meeting Agenda December 17, 2019 – Page 245 of 504 Meridian City Council Meeting Agenda December 17, 2019 – Page 246 of 504 Meridian City Council Meeting Agenda December 17, 2019 – Page 247 of 504 Meridian City Council Meeting Agenda December 17, 2019 – Page 248 of 504 Meridian City Council Meeting Agenda December 17, 2019 – Page 249 of 504 Meridian City Council Meeting Agenda December 17, 2019 – Page 250 of 504 Meridian City Council Meeting Agenda December 17, 2019 – Page 251 of 504 Meridian City Council Meeting Agenda December 17, 2019 – Page 252 of 504 Meridian City Council Meeting Agenda December 17, 2019 – Page 253 of 504 Meridian City Council Meeting Agenda December 17, 2019 – Page 254 of 504 Meridian City Council Meeting Agenda December 17, 2019 – Page 255 of 504 Meridian City Council Meeting Agenda December 17, 2019 – Page 256 of 504 Meridian City Council Meeting Agenda December 17, 2019 – Page 257 of 504 Meridian City Council Meeting Agenda December 17, 2019 – Page 258 of 504 Meridian City Council Meeting Agenda December 17, 2019 – Page 259 of 504 Meridian City Council Meeting Agenda December 17, 2019 – Page 260 of 504 Meridian City Council Meeting Agenda December 17, 2019 – Page 261 of 504 Meridian City Council Meeting Agenda December 17, 2019 – Page 262 of 504 Meridian City Council Meeting Agenda December 17, 2019 – Page 263 of 504 ,5 Other documents: (List other documents, if any, forming part of the Agreement) AIA Document A133-2009 Exhibit A Guaranteed Maximum Price Amendment. Exhibit B — Reimbursable Expenses This Agreement is entered into as of the day and year first written above. 0 t to e) Tammy d d Mayor Tatmnn'SA de P,&,Y — (Printed nHne and title) I& . CONSTRUCTIO MANAGER(Signature) Michael J. Berard, Manager (Printed name and title) Inst. AIA Document A1331'-2009 (formerly A121 T"CMe — 2003). Copyright ©1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA^ Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" 19 Document, or any portion of It, may result In severe civil and criminal penaItles, and will be prosecuted to the maximum extent possible under the law. t This document was produced by AIA software at 10:25:56 MT on 12/05/2019 under Order No. 6449633179 which expires on 12/20/2019, and Is not for resale. User Notes: (369ADA60) Meridian City Council Meeting Agenda December 17, 2019 – Page 265 of 504 Meridian City Council Meeting Agenda December 17, 2019 – Page 266 of 504 Meridian City Council Meeting Agenda December 17, 2019 – Page 267 of 504 Meridian City Council Meeting Agenda December 17, 2019 – Page 268 of 504 Meridian City Council Meeting Agenda December 17, 2019 – Page 269 of 504 Meridian City Council Meeting Agenda December 17, 2019 – Page 270 of 504 Meridian City Council Meeting Agenda December 17, 2019 – Page 271 of 504 Meridian City Council Meeting Agenda December 17, 2019 – Page 272 of 504 Meridian City Council Meeting Agenda December 17, 2019 – Page 273 of 504 Meridian City Council Meeting Agenda December 17, 2019 – Page 274 of 504 Meridian City Council Meeting Agenda December 17, 2019 – Page 275 of 504 Meridian City Council Meeting Agenda December 17, 2019 – Page 276 of 504 Meridian City Council Meeting Agenda December 17, 2019 – Page 277 of 504 Meridian City Council Meeting Agenda December 17, 2019 – Page 278 of 504 Meridian City Council Meeting Agenda December 17, 2019 – Page 279 of 504 Meridian City Council Meeting Agenda December 17, 2019 – Page 280 of 504 Meridian City Council Meeting Agenda December 17, 2019 – Page 281 of 504 Meridian City Council Meeting Agenda December 17, 2019 – Page 282 of 504 Meridian City Council Meeting Agenda December 17, 2019 – Page 283 of 504 Meridian City Council Meeting Agenda December 17, 2019 – Page 284 of 504 Meridian City Council Meeting Agenda December 17, 2019 – Page 285 of 504 Meridian City Council Meeting Agenda December 17, 2019 – Page 286 of 504 Meridian City Council Meeting Agenda December 17, 2019 – Page 287 of 504 Meridian City Council Meeting Agenda December 17, 2019 – Page 288 of 504 Meridian City Council Meeting Agenda December 17, 2019 – Page 289 of 504 Meridian City Council Meeting Agenda December 17, 2019 – Page 290 of 504 Meridian City Council Meeting Agenda December 17, 2019 – Page 291 of 504 Meridian City Council Meeting Agenda December 17, 2019 – Page 292 of 504 Meridian City Council Meeting Agenda December 17, 2019 – Page 293 of 504 Meridian City Council Meeting Agenda December 17, 2019 – Page 294 of 504 Meridian City Council Meeting Agenda December 17, 2019 – Page 295 of 504 Meridian City Council Meeting Agenda December 17, 2019 – Page 296 of 504 Meridian City Council Meeting Agenda December 17, 2019 – Page 297 of 504 Meridian City Council Meeting Agenda December 17, 2019 – Page 298 of 504 Meridian City Council Meeting Agenda December 17, 2019 – Page 299 of 504 Meridian City Council Meeting Agenda December 17, 2019 – Page 300 of 504 Meridian City Council Meeting Agenda December 17, 2019 – Page 301 of 504 Meridian City Council Meeting Agenda December 17, 2019 – Page 302 of 504 Meridian City Council Meeting Agenda December 17, 2019 – Page 303 of 504 CjWEIDIilDIAAH�NOZC CITY COUNCIL WORK SESSION AGENDA December 17, 2019 Agenda Item Number: 3 ] Item Title: Approval of AIA Agreement B133 - 2019 to Jensen Belts Association For the design of discovery park phase ii for the not -to -exceed amount of $350,900 Meeting Notes: c✓ I TEM SHEET C ouncil Agenda I tem - 3.J . Presenter: Consent Estimated Time f or P resentation: 0 Title of I tem - Approval of AIA Agreement B133 – 2014 to J ensen Belts Associates for the D esign of D iscovery Park P hase I I for the Not-to-Exceed Amount of $350,900.00 AT TAC HM E NT S: Description Type Upload D ate Council Memo Cover Memo 12/11/2019 A I A B133 A greement Cover Memo 12/11/2019 E xhibit A to B 133 Cover Memo 12/11/2019 Meridian City Council Meeting Agenda December 17, 2019 – Page 304 of 504 Page 1 Memo To: Chris Johnson, City Clerk From: Keith Watts, Purchasing Manager CC: Mike Barton; Steve Siddoway Date: 12/10/2019 Re: December 17 th City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the December 17 th City Council Consent Agenda for Council’s consideration. Approval of AIA Agreement B133 – 2014 to Jensen Belts Associates for the design of Discovery Park Phase II for the Not-to-Exceed amount of $350,900.00. Recommended Council Action: Approval of AIA Agreement B133 - 2014 to Jensen Belts Associates for the design of Discovery Park Phase II for the Not- to-Exceed amount of $350,900.00 as well authorize the Purchasing Manager to sign the Purchase Order for the Not-to-Exceed amount of $350,900.00. Thank you for your consideration. City of Meridian Purchasing Dept. Meridian City Council Meeting Agenda December 17, 2019 – Page 305 of 504 Document B133"-2014 Standard Form of Agreement Between Owner and Architect, Construction Manager as Constructor Edition +11 AGREEMENT made as of the tT day of in the year 2019 BETWEEN the Architect's client identified as the Owner: (Na/ne, legal status, address and other information) City of Meridian 33 East Broadway Avenue Meridian, Idaho 83642 and the Architect: (Amite, legal status, address and other information) Jensen Belts Associates PLLC 1509 Tyrell Lane, Suite 130 Boise, Idaho 83706 for the following Project: (Name, location and detailed description) Discovery Park Phase II 2121 E Lake Hazel Road Meridian, Idaho 83642 The Construction Manager (if known): (Annie, legal stales, address and other information) Kreizenbeck, LLC dba Kreizenbeck Constructors 11724 West Executive Drive Boise, Idaho 83717 The Owner and Architect 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 form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. This document is intended to be used in conjunction with AIA Documents A201 T'"-2007, General Conditions of the Contract for Construction; All 33Im-2009 Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price; and A134TM-2009 Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee without a Guaranteed Maximum Price. AIA Document A201 TM -2007 is adopted in this document by reference. Do not use with other general conditions unless this document is modified. Init. AIA Document B1 33T" — 2014. Copyright ® 2014 by The American Institute of Architects. All rights reserved. WARNING: This AIA` Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This documentwas produced by AIA software at 14:22:41 ET on 12/05/2019 under Order No.0674691795 which expires on 09/23/2020, and is not for resale. User Notes: (1936746039) TABLE OF ARTICLES 1 INITIAL INFORMATION 2 ARCHITECT'S RESPONSIBILITIES 3 SCOPE OF ARCHITECT'S BASIC SERVICES 4 ADDITIONAL SERVICES 5 OWNER'S RESPONSIBILITIES 6 COSTOFTHEWORK 7 COPYRIGHTS AND LICENSES 8 CLAIMS AND DISPUTES 9 TERMINATION OR SUSPENSION 1O MISCELLANEOUS PROVISIONS 11 COMPENSATION 12 SPECIAL TERMS AND CONDITIONS 13 SCOPE OF THE AGREEMENT ARTICLE ,I INITIAL INFORMATION $ 1.1 This Agreement is based on the Initial Information set forth in this Section I . I . (Note the dispositionfor thefollowing items by inserting the requested informotion or a statemenl such as "nol applicable," "unknown at time of execution," or "lo be determined later by muluql agreement.") $ 1.1.1 The Owner's program for the Project: (ldentifu documentation or state the manner in which the program will be developed.) Owner's preliminary program for the project is described in Exhibit A, Discovery Park Phase 2 Improvements, dated September 24,2019. $ 1.1.2 The Project's physical characteristics: (ldenlifu or describe, ifappropriate, size, localion, dimensions, or other pertinent information, such as geotechnical reports; site, boundary and topographic surveys; lraffic and utility studies; availability ofpublic and private utilities and services; legal description ofthe site; etc.) The Project consists of 77 acres located on the south side of Lake Hazel Road, approximately % mile west of Eagle Road. Phase I, consisting of approximately 27 acres has been constructed and is open to the public. Phase II, consisting of approximately 25 acres will be the subject of this Project $ 1.1.3 The Owner's budget for the Cost of the Work, as defined in Section 6.I (Provide total and, if knou,n, a line item breakdown.) I unknown at time of execution $ 1.1.4 The Owner's anticipated design and construction schedule .1 Design phase milestone dates, if any: unknown at time of execution AIA Document 8133il - 2014. Copyright@ 2014 by The American lnstitute of Architects. All rights reserved. WARNING: This AtA6r Document is protected by U.S.CopyrightLawandlnternational Treaties.Unauthorizedreproductionordistributionof thisAlAo Oocument,oranyportionof it,mayresultin severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA sottware at 14.22.41 ET on 1210512019 under Order No.0674691795 \ryhich expires on O9l23l2O2O, and is not for resale. User Notes: (1936746039) lnit. 2 Meridian City Council Meeting Agenda December 17, 2019 – Page 307 of 504 ,2 Commencement of construction: unknown at time of execution .3 Substantial Completion date or milestone dates unknown at time of execution .4 Other: not applicable $ 1.1.5 The Owner intends to retain a Construction Manager pursuant to the following agreement: (lndicate agreeme nt type.) t X ] AIA Document Al33-2009, Standard Fonn of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price. AIA Document A 134-2009, Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee without a Guaranteed Maximum Price. $ 1.1.6 The Owner's requirements for accelerated or fast-track scheduling or phased construction are set forth below: (l,ist number and type of bid/procurement packages.) I Not Applicable $ 1.1.7 Other Project information: (ldentifu special characteristics or needs of the Project not provided elsewhere, such as the Avner's sustainable objective, if any, or historic preservation requirements.) I Not Applicable $ 1.1.8 The Owner identifies the following representative in accordance with Section 5.5 (Lisl name, address and other information.) Mike Barton, Park Superintendent 33 East Broadway Avenue Meridian,Idaho 83642 208-888-4433 mbarton@meridianc ity.org $ 1.1.9 The persons or entities, in addition to the Owner's representative, who are required to review the Architect's submittals to the Owner are as follows: (List name, address and other information.) none $ 1.1.10 The Owner will retain the following consultants: (Lisl name, legal status, address and other information.) Construction Manager: (The Construction Manager is identified on the cover page. If a Construction Manager has not been retained as of the date of this Agreement, state lhe anticipaled date of retention. lf the Architect is to assisl lhe Owner in selecting lhe Construction Manager, complele Section 1. I.l ) AlADocumentBl33rr-2014.Copyright@20l4byTheAmericanlnstituteofArchitects.All rightsreserved.WARN|NG:ThisAlAo Documentisprotectedby U.S. Copyright Law and lnternational Treaties. Unauthorized reproduction or distribution of this AlAo 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 14:22:41 Ef on 1210512019 under Order No.0674691795 which expires on 0912312020, and is not for resale. User Notes: (1936746039) 3 lnit. Meridian City Council Meeting Agenda December 17, 2019 – Page 308 of 504 Michael J. Berard Kreizenbeck LLC, dba Kreizenbeck Constructors I 1724 West Executive Drive Boise, Idaho 83713 Telephone 208-336-9500 Fax208-336-7444 Mobile 208-941-3199 mberard@kreizenbeck.com ,2 Cost Consultant (if in addition to the Construction Manager): (lf a Cost Consultant is retained, appropriate references to the Cosl Consultant should be inserted in Sections 3.3.6, 3.3.7, 3.1.2, 3.4.3, 3.5.1, 3.5.5, 5.1,6.3,6.3.1,6.4 and I1.6.) nla .3 Land Surveyor: nla Geotechnical Engineer: n/a Civil Engineer: nla .6 Other consultants: (Lisl any other consultants retained by the Avner, strch as a Project or Program Manager, or sc hedul ing consultant. ) n/a S 1.1.11 The Architect identifies the following representative in accordance with Section 2.4: (List name, address and other iffirmation.) Bruce Taylor Jensen Belts Associates 1509 Tyrell Lane, Suite 130 Boise, Idaho 83706 AlADocumentBl33il-2014.Copyright@20l4byTheAmericanlnstituteofArchitects.All rightsreserved.WARN|NG:ThisAtA@ Documentisprotectedby U.S. Copyright Law and lnternational Treaties. Unauthorized reproduction or distribution of this AIA@ Document, or any portion of it, may iesult 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 14.22:41 Ef on 1210512019 under Order No.067469'1795 which expires on Ogt23t2O2O, and is not for resate. User Notes: (1936746039) .4 .5 4 lnit. I Meridian City Council Meeting Agenda December 17, 2019 – Page 309 of 504 208-343-7 175 bruce@j en senbelts. c om S 1.1.12.1 Consultants retained under Basic Services: .1 (Paragraphs deleted) See Exhibit A $ 1.1.12.2 Consultants retained under Additional Services: nla S 1.1.13 Other Initial Information on which the Agreement is based: See Exhibit A $ 1.2 The Owner and Architect may rely on the Initial Information. Both parties, however, recognize that such information may materially change and, in that event, the Owner and the Architect shall appropriately adjust the schedule, the Architect's services and the Architect's compensation. ARTICLE2 ARCHITECT'S RESPONSIBILITIES $ 2.1 The Architect shall provide the professional services as set forth in this Agreement. $ 2.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. $ 2.3 The Architect shall provide its services in conjunction with the services of a Construction Manager as described in the agreement identified in Section I.L5. The Architect shall not be responsible for actions taken by the Construction Manager. $ 2.4 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the Project. $ 2.5 Except with the Owner's knowledge and consent, the Architect shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect's professional judgment with respect to this Project. $ 2.6 lnsurance. The Architect shall maintain the following insurance for the duration of this Agreement. $ 2.6.1 Cornmercial General Liability with policy limits of not less than One Million Dollars ($ 1,000,000.00 ) for each occurrence and Two Million Dollars ($ 2,000,000.00 ) in the aggregate for bodily injury and property damage. $ 2.6.2 Automobile Liability covering vehicles owned by the Architect and non-owned vehicles used by the Architect with policy limits of not less than One Million Dollars ($ I ,000,000.00 ) per claim for bodily injury and property damage along with any other statutorily required automobile coverage. $ 2.6.3 The Architect may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess liability insurance, provided such primary and excess insurance policies result in the same or greater coverage as those required under Sections 2.6.1 and2.6.2. $ 2.6.4 Workers'Compensation at statutory limits and Employers Liability with policy limits of not less than One Hundred Thousand Dollars ($ 100,000.00 ). AIA Document 8133il - 2014. Copyright@ 2014 by The American lnstitute of Architects. All rights reserved. WARNING: This AlAo Document is protected by U.S. Copyright Law and lnternational Treaties. Unauthorized reproduction or distribution of this AlAo 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 14:22:41 E'l on 1210512019 under Order No.0674691795 which expires on Ogl23l2O2O, and is not for resale. User Notes: (1936746039) 5 lnit. S 1.1.12 The Architect will retain the consultants identified in Sections l.l.l2.l and 1.1.12.2: (List name, legal status, address and other information.) I Meridian City Council Meeting Agenda December 17, 2019 – Page 310 of 504 $ 2.6.5 Professional Liability covering negligent acts, errors and ornissions in the performance ofprofessional services, with policy lirnits of not less than Two Million Dollars ($ 2,000,000.00 ) per claim and Two Million Dollars ($ 2,000,000.00 ) in the aggregate. $ 2.6.6 The Owner shall be an additional insured on the Architect's primary and excess insurance policies for Commercial General Liability and Automobile Liability. The additional insured coverage shall be primary and non-contributory to any ofthe Owner's insurance policies. The additional insured coverage shall apply to both ongoing operations and completed operations. $ 2.6.7 The Architect shall provide to the Owner certificates of insurance evidencing compliance with the requirements in this Section 2.6. The certificates will show the Owner as additional insureds on the Commercial General Liability, Autornobile Liability, and any excess policies. ARTICLE 3 SCOPE OF ARCHITECT'S BASIC SERVICES $ 3.1 The Architect's Basic Services consist of those described in Article 3 and include usual and customary structural, mechanical, and electrical engineering services. Services not set forth in this Article 3 are Additional Services. $ 3.1.1 The Architect shall manage the Architect's services, consult with the Owner and the Construction Manager, research applicable design criteria, attend Project meetings, communicate with members of the Project team and report progress to the owner. $ 3.1.2 The Architect shall coordinate its services with those services provided by the Owner, the Construction Manager, and the Owner's consultants. The Architect shall be entitled to rely on the accuracy and completeness of services and infonnation furnished by the Owner, the Construction Manager, and the Owner's consultants. The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any error, otnission or inconsistency in such services or information. $ 3.'1.3 As soon as practicable after the date of this Agreement, the Architect shall submit to the Owner and the Construction Manager a schedule of the Architect's services for inclusion in the Project schedule prepared by the Construction Manager. The schedule of the Architect's services shall include design milestone dates, anticipated dates when cost estimates or design reviews may occur. and allowances for periods of time required (l) for the Owner's review, (2) for the Construction Manager's review, (3) for the perfonnance of the Construction Manager's reconstruction Phase services, (4) for the performance of the Owner's consultants, and (5) for approval of submissions by authorities havingjurisdiction over the Project. $ 3.1.4 The Architect shall submit information to the Construction Manager and participate in developing and revising the Project schedule as it relates to the Architect's services. The Architect shall review and approve, or take other appropriate action upon, the portion of the Project schedule relating to the performance of the Architect's services. $ 3.1.5 Once the Owner, Construction Manager, and Architect agree to the time limits established by the Project schedule, the Owner and Architect shall not exceed them, except for reasonable cause. $ 3.1.6 The Architect shall not be responsible for an Owner's directive or substitution, or for the Owner's acceptance of non-conforming work, made without the Architect's approval. $ 3.1.7 The Architect shall, at appropriate times, in coordination with the Construction Manager, contact the govemmental authorities required to approve the Construction Documents and the entities providing utility services to the Project. In designing the Project, the Architect shall respond to applicable design requirements imposed by such govemmental authorities and by such entities providing utility services. $ 3.1.8 The Architect shall assist the Owner and Construction Manager in connection with the Owner's responsibility for filing documents required for the approval of govemmental authorities having jurisdiction over the Project. $ 3.2 Evaluation of the Construction Manager's Guaranteed Maximum Price Proposal or Control Estimate $ 3.2.1 Prior to the Owner's acceptance of the Guaranteed Maxirnurn Price proposal or Control Estimate, as applicable, the Architect shall consider the Construction Manager's requests for substitutions and, upon written request of the AlADocumentBl33rr-20'14.Copyright@2014byTheAmericanlnstituteofArchitects.All rightsreserved.WARN|NG:ThisAlA@ Documentisprotectedby U.S. Copyright Law and lnternational Treaties. Unauthorized reproduction or distribution of this AlAo 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 14:22:41 Ef on 1210512019 under Order No.067469'1795 which expires on 0912312020, and is not for resale. User Notes: (1936746039) 6 lnit. Meridian City Council Meeting Agenda December 17, 2019 – Page 311 of 504 lnit. Construction Manager, provide clarification or interpretations pertaining to the Drawings, Specifications, and other documents submitted by the Architect. The Architect and Construction Manager shall include the Owner on all communications related to substitution requests, clarifications, and interpretations. $ 3.2.2 During one of the design phases, the Owner will receive a Guaranteed Maximum Price proposal or Control Estimate, as appropriate, from the Construction Manager. The Architect shall assist the Owner in reviewing the Construction Manager's proposal or estirnate. The Architect's review is not for the purpose of discovering errors. omissions, or inconsistencies; for the assumption of any responsibility for the Construction Manager's proposed means, methods, sequences, techniques, or procedures; or for the verification of any estimates of cost or estimated cost proposals. In the event that the Architect discovers any inconsistencies or inaccuracies in the information presented, the Architect shall promptly notit, the Owner and Construction Manager. $ 3.2.3 Upon authorization by the Owner, and subject to Section 4.3.1.15, the Architect shall update the Drawings, Specifications, and other documents to incorporate the agreed upon assumptions and clarifications contained in the Guaranteed Maximum Price Amendment or Control Estirnate. $ 3.3 Schematic Design Phase Services $ 3.3.1 The Architect shall review the prograrn and other information furnished by the Owner and Construction Manager, and shall review for compliance with laws, codes, and regulations applicable to the Architect's services. $ 3.3.2 The Architect shall prepare a preliminary evaluation of the Owner's program, schedule, budget for the Cost of the Work, Project site, and other Initial Information, each in terms of the other, to ascertain the requirements of the Project. The Architect shall notify the Owner of ( I ) any inconsistencies discovered in the information, and (2) other infonnation or consulting services that rnay be reasonably needed for the Project. $ 3.3.3 The Architect shall present its preliminary evaluation to the Owner and Construction Manager and shall discuss with the Owner and Construction Manager altemative approaches to design and construction of the Project, including the feasibility of incorporating sustainable design approaches, and consideration of the implementation of the Owner's sustainable objective, if any. The Architect shall reach an understanding with the Owner regarding the requirements of the Project. $ 3.3.4 Based on the Project requirements agreed upon with the Owner, the Architect shall prepare and present to the Owner and Construction Manager, for the Owner's approval, a prelirninary design illustrating the scale and relationship of the Project components. $ 3.3.5 Based on the Owner's approval of the preliminary design, the Architect shall prepare Schernatic Design Documents for the Owner's approval and the Construction Manager's review. The Schematic Design Documents shall consist of drawings and other documents including a site plan, if appropriate, and preliminary building plans, sections and elevations; and may include some combination of study models, perspective sketches, or digital modeling. Preliminary selections of major building systerns and construction materials shall be noted on the drawings or described in writing. S 3.3.5.1 The Architect shall consider sustainable design altematives, such as material choices and building orientation, together with other considerations based on program and aesthetics, implications of sustainable code requirements enacted in the relevant jurisdiction, if any, in developing a design that is consistent with the Owner's program, schedule and budget for the Cost of the Work. The Owner may obtain other sustainable design services under Article 4. S 3.3.5.2 The Architect shall consider with the Owner and the Construction Manager the value of altemative materials, building systems and equipment, together with other considerations based on program and aesthetics in developing a design for the Project that is consistent with the Owner's schedule and budget for the Cost of the Work. $ 3.3.6 The Architect shall submit the Schernatic Design Docurnents to the Owner and the Construction Manager. The Architect shall n-reet with the Construction Manager to review the Schematic Design Documents. $ 3.3.7 Upon receipt of the Construction Manager's review comments and cost estimate at the conclusion of the Schematic Design Phase, the Architect shall take action as required under Section 6.4, identifli agreed upon AlADocumontBl33n-2014.Copyright@2014byTheAmericanlnstituteofArchitects.All rightsreservod.WARN|NG:ThisAlAo Documentisprotectedby U.S. Copyright Law and lnternational Treaties. Unauthorized reproduction or distribution of this AlAo 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 produc€d by AIA software at 14.22.41 Ef on 1210512019 under Order No.0674691795 which expires on 0912312020, and is not for resale. Us6r Notes: (1936746039) 7 Meridian City Council Meeting Agenda December 17, 2019 – Page 312 of 504 adjustments to the Project's size, quality, or budget, and request the Owner's approval of the Schematic Design Documents. If revisions to the Schematic Design Documents are required to comply with the Owner's budget for the Cost of the Work at the conclusion of the Schematic Design Phase, the Architect shall incorporate the required revisions in the Design Development Phase. $ 3.3.8 In the further development of the Drawings and Specifications during this and subsequent phases of design, the Architect shall be entitled to rely on the accuracy of the estimates of the Cost of the Work, which are to be provided by the Construction Manager under the Construction Manager's agreement with the Owner. $ 3.4 Design Development Phase Services $ 3.4.1 Based on the Owner's approval of the Schematic Design Documents, and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work pursuant to Section 5.4, the Architect shall prepare Design Development Documents for the Owner's approval and Construction Manager's review. The Design Development Documents shall be based upon information provided, and estimates prepared by, the Construction Manager and shall illustrate and describe the development of the approved Schematic Design Documents and shall consist of drawings and other documents including plans, sections, elevations, typical construction details, and diagrammatic layouts of building systems to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, and such other elements as may be appropriate. The Design Development Documents shall also include outline specifications that identifu major materials and systems and establish in general their quality levels. $ 3.4.2 Prior to the conclusion of the Design Development Phase, the Architect shall submit the Design Development Docurnents to the Owner and the Construction Manager. The Architect shall meet with the Construction Manager to review the Design Development Documents. $ 3.4.3 Upon receipt of the Construction Manager's information and estimate at the conclusion of the Design Development Phase, the Architect shall take action as required under Sections 6.5 and 6.6 and request the Owner's approval of the Design Development Documents. $ 3.5 Construction Documents Phase Services $ 3.5.1 Based on the Owner's approval of the Design Development Documents, and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare Construction Documents for the Owner's approval and the Construction Manager's review. The Construction Docurnents shall illustrate and describe the further development of the approved Design Development Documents and shall consist of Drawings and Specifications setting forth in detail the quality levels of materials and systems and other requirements for the construction of the Work. The Owner and Architect acknowledge that in order to construct the Work the Construction Manager will provide additional information, including Shop Drawings, Product Data, Samples and other similar submittals, which the Architect shall review in accordance with Section 3.6.4. $ 3.5.2 The Architect shall incorporate into the Construction Documents the design requirements of govemmental authorities having jurisdiction over the Project. $ 3.5.3 During the development of the Construction Documents, if requested by the Owner, the Architect shall assist the Owner and Construction Manager in the development and preparation of ( I ) the Conditions of the Contract for Construction (General, Supplementary and other Conditions) and (2) a project manual that includes the Conditions of the Contract for Construction and Specifications and may include sample forms. $ 3.5.4 Prior to the conclusion of the Construction Documents Phase, the Architect shall submit the Construction Documents to the Owner and the Construction Manager. The Architect shall meet with the Construction Manager to review the Construction Documents. $ 3.5.5 Upon receipt of the Construction Manager's infonnation and estimate at the conclusion of the Construction Documents Phase, the Architect shall take action as required under Section 6.7 and,obtain the Owner's approval of the Construction Documents. AlADocumentBt33il-2014.Copyrighl@20l4byTheAmericanlnstituteofArchitects.All rightsreserved.WARN|NG:ThisAlAr Documentisprotectedby U.S. Copyright Law and lnternational Treaties. Unauthorized reproduction or distribution of this AIA€] Documenl, 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 14:22:41 Ef on 1210512019 under Order No.0674691795 which expires on 0912312020, and is not for resale. User Notes: (j936746039) 8 lnit. Meridian City Council Meeting Agenda December 17, 2019 – Page 313 of 504 $ 3.6 Construction Phase Services Not lncluded Unless accepted and added by Change Order (Paragraphs deleted) AlADocumentBl33rt-2014.Copyright@20l4byTheAmericanlnstituteofArchitects.All rightsreserved.WARNING:ThisAlAe Documentisprotectedby U.S. Copyright Law and lnternational Treaties. Unauthorized reproduction or distribulion of this AIA@ Document, or any portion of it, may iesult 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 14.22:41 Ef on 1210512019 under Order No.0674691795 which expires on 0912312020, and is not for resale. User Notes: (1936746039) !nit. 9 Meridian City Council Meeting Agenda December 17, 2019 – Page 314 of 504 ARTICLE 4 ADDITIONAL SERVICES $ 4.1 Additional Services listed below are not included in Basic Services but may be required for the Project. The Architect shall provide the listed Additional Services only if specifically designated in the table below as the Architect's responsibility, and the Owner shall compensate the Architect as provided in Section I 1.2. (Designate the Additional Services the Architect shall provide in the second column of the table below. In the third column indicate ythether the service description is located in Section 1.2 or in an attqched exhibit. Ifin an exhibit, identifu the exhibit.) $ 4.2 Insert a description of each Additional Service designated in Section 4.1 as the Architect's responsibility, if not further described in an exhibit attached to this document. nJa $ 4.3 Additional Services may be provided after execution of this Agreement, without invalidating the Agreement. Except for services required due to the fault of the Architect, any Additional Services provided in accordance with this Section 4.3 shall entitle the Architect to compensation pursuant to Section I 1.3 and an appropriate adjustment in the Architect's schedule. AlADocumentB'l33rr-2014.Copyright@20l4byTheAmericanlnstiluteofArchitects.All rightsreserved.WARN|NG:ThisAlAo Oocumentisprotectedby U.S. Copyright Law and lnternational Treaties. Unauthorized reproduction or distribution of this AIA@ Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:22:41 Ef on 12105120'19 under Order No.0674691795 which expires on 0912312020, and is not for resale. User Notes: (1936746039) Services Responsibilig (,4rchitect, Atner or Not Provided) Location of Service Description (Section 1.2 belov, or in an exhibit attached to this document and identified belov) S 4.1.1 Assistance with selection of the Construction Manager Not Provided S 4.1.7 Building information modeling (E203rM-2013)Not Provided S 4.1.13 On-site proiect representation (8207rtL2008)Not Provided I 4.1.14 Conformed construction documents Not Provided S 4.1.17 Post occupancy evaluation Not Provided S 4.1.18 Facility support services (B2l0rrL2007)Not Provided $ 4.1.19 Tenant-related services Not Provided S 4.1.20 Coordination of Owner's consultants Not Provided S 4.1.21 Telecornmunications/data design Not Provided $ 4.1.22 Security evaluation and plannins (B206rM-2007)Not Provided q 4.1.24 Extensive environmentally responsible desisn Not Provided S 4.1.25 LEED- certification (B2l4rM-2012)Not Provided S 4.1.26 Historic preservation (B205rrL2007)Not Provided lnit. 10 Meridian City Council Meeting Agenda December 17, 2019 – Page 315 of 504 $ 4.3.1 Upon recognizing the need to perform the following Additional Services, the Architect shall notifu the Owner with reasonable prornptness and explain the facts and circumstances giving rise to the need. The Architect shall not proceed to provide the following services until the Architect receives the Owner's written authorization: ,1 Services necessitated by a change in the Initial Information, previous instructions or recommendations given by the Construction Manager or the Owner, approvals given by the Owner, or a material change in the Project including, but not limited to, size, quality, complexity, the Owner's schedule or budget for Cost of the Work, or bid packages in addition to those listed in Section 1.1.6; .2 Making revisions in Drawings, Specifications, or other documents (as required pursuant to Section 6.7), when such revisions are required because the Construction Manager's estimate of the Cost of the Work, Guaranteed Maximum Price proposal, or Control Estimate exceeds the Owner's budget, except where such excess is due to changes initiated by the Architect in scope, capacities of basic systems, or the kinds and quality of materials, finishes, or equipment; .3 Services necessitated by the Owner's request for extensive sustainable design alternatives, such as unique system designs, in-depth material research, energy modeling, or LEED@ certification; .4 Changing or editing previously prepared Instruments of Service necessitated by the enactment or revision ofcodes, laws or regulations, or official interpretations; .5 Services necessitated by decisions of the Owner or Construction Manager not rendered in a timely manner or any other failure of perforrnance on the part of the Owner or the Owner's consultants or contractors; .6 Preparing digital data for transmission to the Owner's consultants and contractors, or to other Owner authorized recipients; .7 Preparation of design and documentation for alternate bid or proposal requests proposed by the Owner or Construction Manager; .8 [deleted].9 Preparation for, and attendance at a dispute resolution proceeding or legal proceeding, except where the Architect is party thereto; .10 Evaluation ofthe qualifications ofbidders or persons providing proposals; .'|2 Assistance to the Initial Decision Maker, if other than the Architect; .13 Services necessitated by replacement of the Construction Manager or conversion of the Construction Manager as constnrctor project delivery rnethod to an altemative project delivery method; ,14 Services necessitated by the Owner's delay in engaging the Construction Manager .15 fdeleted]. (Paragraphs deleted) $ 4.3.3Not lncluded Unless accepted and added by Change Order $ 4.3.4 Not lncluded Unless accepted and added by Change Order AlADocumentBl33rx-2014.Copyright@2014byTheAmericanlnstituteofArchitects.All rightsreserved.WARN|NG:ThisA|AF Documentisprotectedby U.S. Copyright Law and lnternational Treaties. Unauthorized reproduction or distribution of this AlAe Document, or any portion of it, may result in severe cival and criminal penalties, and will be proseculed to the maximum extent possible under the law. This document was produced by AIA software at 14:22:41 Ef on 1210512019 under Order No.067469'1795 which expires on 0912312020, and is not for resale. User Notes: (1936746039) lnit. 11 I S +.g.2 Not lncluded Unless accepted and added by Change Order I Meridian City Council Meeting Agenda December 17, 2019 – Page 316 of 504 lnit. ARTICLE 5 OWNER'S RESPONSIBILITIES $ 5.1 Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely manner regarding requirements for and limitations on the Project, including a written program which shall set forth the Owner's objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. $ 5.2 The Owner shall retain a Construction Manager to provide services, duties, and responsibilities as described in the agreement selected in Section 1.1.5. $ 5.3 The Owner shall fumish the services of a Construction Manager that shall be responsible for creating the overall Project schedule. The Owner shall adjust the Project schedule, ifnecessary, as the Project proceeds. $ 5.4 The Owner shall establish and periodically update the Owner's budget for the Project, including ( I ) the budget for the Cost of the Work as defined in Section 6.1: (2) the Owner's other costs; and, (3) reasonable contingencies related to all of these costs. The Owner shall fumish the services of a Construction Manager that shall be responsible for preparing all estimates of the Cost of the Work. If the Owner significantly increases or decreases the Owner's budget for the Cost of the Work, the Owner shall notifu the Architect. The Owner and the Architect shall thereafter agree to a conesponding change in the budget for the Cost of the Work or in the Project's scope and quality. $ 5.4.1 The Owner acknowledges that accelerated, phased or fast-track scheduling provides a benefit, but also carries with it associated risks. Such risks include the Owner incurring costs for the Architect to coordinate and redesign portions of the Project affected by procuring or installing elements of the Project prior to the completion of all relevant Construction Documents, and costs for the Construction Manager to remove and replace previously installed Work. If the Owner selects accelerated, phased or fast-track scheduling, the Owner agrees to include in the budget for the Project sufficient contingencies to cover such costs. $ 5.5 The Owner shall identify a representative authorized to act on the Owner's behalf with respect to the Project. The Owner shall render decisions and approve the Architect's submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress ofthe Architect's services. $ 5.6 The Owner shall fumish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. This information does not relieve the Architect of liability for failing to physically visiting the site to confirm such information. $ 5.7 The Owner shall furnish services of geotechnical engineers, which may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations. $ 5.8 The Owner shall coordinate the services of its own consultants with those services provided by the Architect. Upon the Architect's request, the Owner shall furnish copies of the scope of services in the contracts between the Owner and the Owner's consultants. The Owner shall fumish the services of consultants other than those designated in this Agreement, or authorize the Architect to fumish them as an Additional Service, when the Architect requests such services and demonstrates that they are reasonably required by the scope ofthe Project. The Owner shall require that its consultants maintain professional liability insurance and other liability insurance as appropriate to the services provided. $ 5.9 The Owner shall furnish tests, inspections and reports required by law or the Contract Documents, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials. AlADocumentBl33tx-2014.Copyright@20l4byTheAmericanlnstituteofArchitects.Allrightsreserved,WARN|NG: ThisAlA. Documentisprotectedby U.S. Copyright Law and lnternational Treaties. Unauthorized reproduction or distribution of this AlAo Oocument, 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 14.22:41 Ef on 1210512019 under Order No.0674691795 which expires on 0912312020, and is not for resale. User Notes: (1936746039) 12 Meridian City Council Meeting Agenda December 17, 2019 – Page 317 of 504 $ 5.10 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. $ 5.11 The Owner shall provide prompt written notice to the Architect and Construction Manager if the Owner becomes aware of any fault or defect in the Project, including errors, omissions or inconsistencies in the Architect's Instruments of Service. $ 5.12 The Owner shall contemporaneously provide the Architect with any communications provided to the Construction Manager about matters arising out of or relating to the Contract Documents. Communications by and with the Architect's consultants shall be through the Architect. $ 5.13 Before executing the Contract for Construction, the Owner shall coordinate the Architect's duties and responsibilities set forth in the Contract for Construction with the Architect's services set forth in this Agreement. The Owner shall provide the Architect a copy of the executed agreement between the Owner and Construction Manager, including the General Conditions of the Contract for Construction. $ 5.14 The Owner shall provide the Architect access to the Project site prior to commencement of the Work and shall obligate the Construction Manager to provide the Architect access to the Work wherever it is in preparation or progress. ARTICLE 6 COST OF THE WORK $ 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elernents of the Project designed or specified by the Architect and shall include the Construction Managers' general conditions costs, overhead, and profit. The Cost of the Work does not include the compensation of the Architect, the compensation of the Construction Manager for Preconstruction Phase services, the costs of the land, rights-of-way, financing, contingencies for changes in the Work or other costs that are the responsibility of the Owner. $ 6.2 The Owner's budget for the Cost of the Work is provided in the Initial Information, and may be adjusted throughout the Project as required under Sections 5.4 and 6.4. Evaluations of the Owner's budget for the Cost of the Work represent the Architect's judgment as a design professional. $ 6.3 The Owner shall require the Construction Manager to include appropriate contingencies for design, bidding or negotiating, price escalation, and market conditions in estimates of the Cost of the Work. The Architect shall be entitled to rely on the accuracy and completeness of estimates of the Cost of the Work the Construction Manager prepares as the Architect progresses with its Basic Services. The Architect shall prepare, as an Additional Service, revisions to the Drawings, Specifications or other documents required due to the Construction Manager's inaccuracies or incompleteness in preparing cost estimates. The Architect may review the Construction Manager's estimates solely for the Architect's guidance in completion of its services, however, the Architect shall report to the Owner any material inaccuracies and inconsistencies noted during any such review. S 6.3.1 If the Architect is providing detailed cost estimating services as an Additional Service, and a discrepancy exists between the Construction Manager's cost estimates and the Architect's cost estimates, the Architect shall work cooperatively with the Construction Manager to confonn the cost estimates to one another. $ 6.3.2 Subject to Section 4.3, if the Owner engages a Cost Consultant and a discrepancy exists between the Construction Manager's estimate and the Cost Consultant's estimate, the Architect shall assist the Cost Consultant and Construction Manager as necessary to confonn the estimates to one another. S 6.4 If, prior to the conclusion of the Design Development Phase, the Construction Manager's estimate of the Cost of the Work exceeds the Owner's budget for the Cost of the Work, the Architect, in consultation with the Construction Manager, shall make appropriate recommendations to the Owner to adjust the Project's size, quality or budget, and the Owner shall cooperate with the Architect in making such adjustments. $ 6.5 If the Construction Manager's estimate of the Cost of the Work at the conclusion of the Design Development Phase exceeds the Owner's budget for the Cost of the Work, the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; AIA Document 8133rM - 2014. Copyright@ 20'14 by The American lnstitute of Architects. All rights reserved, WARNING: This AlAo Document is protected by U.S. Copyright Law and lnternational Treaties. Unauthorized reproduction or distribution of this AIA@ Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:22:41 ET o^ 1210512019 under Order No.0674691 795 which expires on 0912312020, and is not for resale. User Notes: (1936746039) lnit. 13 I Meridian City Council Meeting Agenda December 17, 2019 – Page 318 of 504 .2 in consultation with the Architect and Construction Manager, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or .3 irnplernent any other mutually acceptable altemative. S 6.6 If the Owner chooses to proceed under Section 6.5.2,the Architect, without additional compensation, shall incorporate the required modifications in the Construction Documents Phase as necessary to comply with the Owner's budget for the Cost of the Work at the conclusion of the Design Development Phase Services, or the budget as adjusted under Section 6.5.1. The Architect's modification of the Construction Documents shall be the limit of the Architect's responsibility as a Basic Service under this Article 6. $ 6.7 After incorporation of modifications under Section 6.6, the Architect shall, as an Additional Service, make any required revisions to the Drawings, Specifications or other documents necessitated by the Construction Manager's subsequent cost estimates, the Guaranteed Maximurn Price proposal, or Control Estirnate that exceed the Owner's budget for the Cost of the Work, except when the excess is due to changes initiated by the Architect in scope, basic systems, or the kinds and quality of materials, finishes or equipment. ARTICLE 7 COPYRIGHTS AND LICENSES $ 7.1 The Architect and the Owner warrant that in transmitting Instruments of Service, or any other information, the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use on the Project. If the Owner and Architect intend to transmit Instruments of Service or any other information or documentation in digital fonn, they shall endeavor to establish necessary protocols goveming such transmissions. $ 7.2 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and shall retain all common law, statutory and other reserved rights, including copyrights. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect's consultants. $ 7.3 Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive license to use the Architect's Instruments of Service solely and exclusively for purposes of constructing, using. maintaining, altering and adding to the Project, provided that the Owner substantially performs its obligations, including prompt payrnent of all sums when due, under this Agreement. The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement. The license granted under this section permits the Owner to authorize the Construction Manager, Subcontractors, Sub-subcontractors, and material or equipment suppliers, as well as the Owner's consultants and separate contractors, to reproduce applicable portions of the Instruments of Service solely and exclusively for use in performing services or construction for the Project. If the Architect rightfully terminates this Agreement for cause as provided in Section 9.4, the license granted in this Section 7.3 shall terminate. $ 7.3.1 In the event the Owner uses the Instruments of Service without retaining the authors of the Instruments of Service, the Owner releases the Architect and Architect's consultant(s) from all claims and causes of action arising fron-r such uses. The Owner, to the extent pennitted by law, further agrees to indemnifu and hold hannless the Architect and its consultants from all costs and expenses, including the cost ofdefense, related to claims and causes of action asserted by any third person or entity to the extent such costs and expenses arise from the Owner's use ofthe Instruments of Service under this Section 7.3.1. The tenns of this Section 7.3.1 shall not apply if the Owner rightfully terminates this Agreement for cause under Section 9.4. $ 7.4 Except for the licenses granted in this Article 7, no other license or right shall be deemed granted or implied under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect. Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants. ARTICLE 8 CLAIMS AND DISPUTES $ 8.1 General $ 8.1.1 The Owner and Architect shall commence all claims and causes of action, whether in contract, tort, or otherwise, against the other arising out of or related to this Agreement in accordance with the requirements of the rnethod of binding dispute resolution selected in this Agreement within the period specified by applicable law, but in AIADocument8133il-2014.Copynght@2014byTheAmericanlnstituteofArchitects.All rightsreserved.WARNING: ThisAlAa Documentisprotectedby U.S. Copyright Law and lnternational Treaties. Unauthorized reproduction or distribution of this AlAc 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 14:22:41 El on 1210512019 under Order No.0674691 795 which expires on 0912312020, and is not for resale. User Notes: (1936746039) lnit. 14 I Meridian City Council Meeting Agenda December 17, 2019 – Page 319 of 504 any case not more than l0 years after the date of Substantial Completion of the Work. The Owner and Architect waive all claims and causes of action not commenced in accordance with this Section 8.1.1. $ 8.1.2 To the extent damages are covered by property insurance, the Owner and Architect waive all rights against each other and against the contractors, consultants, agents and employees ofthe other for damages, except such rights as they may have to the proceeds of such insurance as set forth in AIA Document A20l-2007, General Conditions of the Contract for Construction. The Owner or the Architect, as appropriate, shall require of the Construction Manager, contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties enumerated herein. $ 8.1.3 The Architect shall indemnifu and hold the Owner and the Owner's officers and employees harmless from and against damages, losses and judgments arising from claims by third parties, including reasonable attomeys' fees and expenses recoverable under applicable law, but only to the extent they are caused by the negligent acts or omissions of the Architect, its ernployees and its consultants in the performance of professional services under this Agreernent. The Architect's duty to indemnifo the Owner under this provision shall be limited to the available proceeds of insurance coverage. $ 8.1.4 The Architect and Owner waive consequential damages for claims, disputes or other matters in question arising out of or relating to this Agreement. This murual waiver is applicable, without limitation, to all consequential damages due to either party's termination of this Agreement, except as specifically provided in Section 9.7. $ 8.2 Mediation $ 8.2.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to binding dispute resolution. If such matter relates to or is the subject of a lien arising out of the Architect's services, the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by binding dispute resolution. $ 8.2.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by mediation which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of the Agreernent. A request for mediation shall be made in writing, delivered to the other party to the Agreement, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of a complaint or other appropriate demand for binding dispute resolution but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration proceeding is stayed pursuant to this section, the parties may nonetheless proceed to the selection ofthe arbitrator(s) and agree upon a schedule for later proceedings. $ 8.2.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is murually agreed upon. Agreernents reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. $ 8.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 8.2,the method of binding dispute resolution shall be the following: (Check the appropriate box. If the Avner and Architect do not select a method of binding dispute resolilion below, or do not sttbsequently agree in writing to a binding dispule resolution method olher than litigation, the dispute vill be resolved in a court of competenl jurisdiction.) t 1 Arbitration pursuant to Section 8.3 of this Agreement tX ] Litigation in a court of competent jurisdiction t ] Other: (Specify) AlADocumentBl33rt-2014.Copyright@2014byTheAmericanlnstituteofArchitects.All righbroserved.WARN|NG: ThisAlAe Oocumentisprotectedby U.S. Copyright Law and lnternational Treaties. Unauthorized reproduction or distribution of this AlAo 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 rvas produced by AIA soflware at 14:22:41 ET on 1210512019 under Order No.0674691795 which expires on 0912312020, and is not for resale. Usor Notes: (1936746039) lnit. 15 I Meridian City Council Meeting Agenda December 17, 2019 – Page 320 of 504 (Paragraphs deleted) ARTICLE 9 TERMINATION OR SUSPENSION $ 9.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Architect's option, cause for suspension of performance of services under this Agreement. If the Architect elects to suspend services, the Architect shall give seven days' written notice to the Owner before suspending services. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Architect shall be paid all sums due prior to suspension and any expenses incuned in the intemrption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. $ 9.2 If the Owner suspends the Project, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the intemrption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. $ 9.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Architect, the Architect may tenninate this Agreement by giving not less than seven days' written notice. $ 9.4 Either party may terminate this Agreement upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. $ 9.5 The Owner may terminate this Agreement upon not less than seven days' written notice to the Architect for the Owner's convenience and without cause. $ 9.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as defined in Section 9.7. $ 9.7 Termination Expenses are in addition to compensation for the Architect's services and include expenses directly attributable to termination for which the Architect is not otherwise compensated. $ 9.8 The Owner's rights to use the Architect's Instruments of Service in the event of a tennination of this Agreement are set forth in Article 7 and Section I1.9. ARTICLE 1O MISCELLANEOUS PROVISIONS $ 10.1 This Agreement shall be govemed by the law of the place where the Project is located. $ 10.2 Terms in this Agreement shall have the same meaning as those in AIA Document A20l-2007, General Conditions of the Contract for Construction, except as modified in this Agreement. The term "Contractor" as used in A20l 2007 shall mean the Construction Manager. $ 10.3 The Owner and Architect, respectively, bind themselves, their agents, successors, assigns and legal representatives to this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner's rights and obligations under this Agreement. $ 10.4 Ifthe Owner requests the Architect to execute certificates, the proposed language ofsuch certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution. If the Owner requests the Architect to execute consents reasonably required to facilitate assignment to a lender, the Architect shall execute all such consents that are consistent with this Agreement, provided the proposed consent is submitted to the Architect for review at least l4 days prior to execution. The Architect shall not be required to execute certificates or consents that would require knowledge, services or responsibilities beyond the scope of this Agreement. AlADocumentBl33rM-2014.Copyright@20l4byTheAmericanlnstituteofArchitects.All rightsreserved.WARN|NG:ThisAlA@ Documentisprotectedby U.S. Copyright Law and lnternational Treaties. Unauthorized reproduction or distribution of this AlAo 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 14.22.41 ET on 1210512019 under Order No.0674691795 \ rhich expires on 0912312020, and is not for resale. User Notes: (1936746039) lnit. 16 Meridian City Council Meeting Agenda December 17, 2019 – Page 321 of 504 $ 10.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Architect. $ 10.6 Unless otherwise required in this Agreement, the Architect shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure ofpersons to, hazardous materials or toxic substances in any form at the Project site. $ 10.7 The Architect shall have the right to include photographic or artistic representations ofthe design ofthe Project among the Architect's promotional and professional materials. The Architect shall be given reasonable access to the completed Project to make such representations. However, the Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific infonnation considered by the Owner to be confidential or proprietary. The Owner may provide professional credit for the Architect in the Owner's promotional materials for the Project. S 10.8 If the Architect or Owner receives infonnation specifically designated by the other party as "confidential" or "business proprietary," the receiving party shall keep such information strictly confidential and shall not disclose it to any other person except to (l) its employees, (2) those who need to know the content ofsuch information in order to perform services or construction solely and exclusively for the Project, or (3) its consultants and contractors whose contracts include similar restrictions on the use of confidential information. ARTICLE 11 COMPENSATION $ 11.1 For the Architect's Basic Services described under Article 3, the Owner shall compensate the Architect as follows: (lnsert amount of, or basisfor, compensation.) $3s0,900.00 $ 11.2 For Additional Services designated in Section 4. l, the Owner shall compensate the Architect as follows: (lnsert amounl of, or basisfor, compensation. If necessary, list specific services to which parlicular methods of compensation apply ) nla $ 1'1.3 For Additional Services that may arise during the course of the Project, including those under Section 4.3, the Owner shall compensate the Architect as follows: (lnsert amount of, or basisfor, compensation.) see exhibit A for hourly rates $ 11.4 Compensation for Additional Services of the Architect's consultants when not included in Sections I I .2 or I I .3, shall be the amount invoiced to the Architect plus zero percent ( 0 %), or as otherwise stated below: nla $ 1 1 .5 Where compensation for Basic Services is based on a stipulated sum or percentage of the Cost of the Work, the compensation for each phase of services shall be as follows: see exhibit A for complete itemized list Surveying Schematic Design Design Development Construction Documents Offsite Roadway Design R.O.W. Dedication Gravity Irrigation Utility Design Utility Record Drawings Offsite Coordination $21,500.00 30, r 25.00 47,625.00 57,400.00 53,900.00 5,600.00 2,400.00 8,200.00 1,800.00 3,000.00 AIA Document B l33rM - l U.S. Copyright Law and severe civil and criminal 14:22:41 ET on 121051201 2014.Copyright@20l4byTheAmericanlnstituteofArchitects.All rightsreserved.WARN|NG: ThisAlA@ Documentisprotectedby lnternational Treaties. Unauthorized reproduction or distribution of this AIA@ Document, or any porlion of it, may iesult inpenalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 9 under Order No.0674691795 which expires on 0912312020, and is not for resale. lnit. User Notes:(1 936746039) 17 I Meridian City Council Meeting Agenda December 17, 2019 – Page 322 of 504 Signal Light Planning Bid Altemates SWPPP Preparation Legal Descriptions Record Drawings Owner Meetings Bidding Assistance Reimbursable Expenses Electrical Design Restroom Design (Row deleted) Traffic Study (Row deleted) 800.00 7,500.00 4,850.00 12.800.00 1.800.00 8,250.00 8,450.00 2.500.00 7.400.00 s0.000.00 1s,000.00 Total Basic Compensation $350.900.00 The Owner acknowledges that with an accelerated Project delivery, multiple bid package process, or Construction Manager as constructor project delivery method, the Architect may be providing its services in multiple Phases simultaneously. Therefore, the Architect shall be pennitted to invoice monthly in proportion to services performed in each Phase ofServices as appropriate. $ 11.6 When compensation is based on a percentage of the Cost of the Work and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services are performed on those portions, in accordance with the schedule set forth in Section I 1.5 based on (l) the Owner-accepted Guaranteed Maximum Price Amendment or Control Estimate, as applicable, or (2) if the Guaranteed Maximum Price proposal or Control Estimate has not been accepted by the Owner, the most recent estimate of the Cost of the Work prepared by the Construction Manager for such portions of the Project. The Architect shall be entitled to cornpensation in accordance with this Agreernent for all services performed whether or not the Construction Phase is commenced. $ 11.7 The hourly billing rates for services ofthe Architect and the Architect's consultants, ifany, are set forth below The rates shall be adjusted in accordance with the Architect's and Architect's consultants' normal review practices. (lf applicable, attach an exhibit of hourly billing rates or insert them belov.) see exhibit A $ 11.8 Compensation for Reimbursable Expenses S 11 .8.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Architect and the Architect's consultants directly related to the Project, detailed in Exhibit A, and as follows: .1 ,2 Long distance services, dedicated data and communication services, teleconferences, Project Web sites, and extranets; .3 Fees paid for securing approval ofauthorities havingjurisdiction over the Project; .4 Printing, reproductions, plots, standard form documents; .5 Postage, handling and delivery; .6 .7 Renderings, models, mock-ups, professional photography, and presentation materials requested by the Owner; .8 .9 All taxes levied on professional services and on reimbursable expenses; .10 AlADocumentBl33il-2014,Copyright@20l4byTheAmericanlnstltuteofArchitects.All rightsreserved.WARN|NG:ThisAlAo Oocumentisprotectedby U.S. Copyright Law and lnternational Treaties. Unauthorized reproduction or distribution of this AlAo Document, or any portion of it, may result in 1 gsevere civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:22:41 ET on 1210512019 under Order No.067469'1795 which expires on 0912312020, and is not for resale. User Notes: (1936246039) lnit. I Meridian City Council Meeting Agenda December 17, 2019 – Page 323 of 504 § 11.8.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect's consultants plus Zero percent ( 0 %) of the expenses incurred. Reimbursable expenses shall not exceed $2,500 without prior approval from Owner. (Paragraphs delete(l § § 11.10 Payments to the Architect § 11.10.1 § 11.10.2 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. Payments are due and payable net 30 days from Owner's receipt of a correct invoice. (Insert rate of monthly or annual interest agreed upon.) Zero % 0 § 11.10.3 The Owner shall not withhold amounts from the Architect's compensation to impose a penalty or liquidated damages on the Architect, or to offset sums requested by or paid to contractors for the cost of changes in the Work runless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding. § 11.10.4 Records of Reimbursable Expenses, expenses pertaining to Additional Services, and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. ARTICLE 12 SPECIAL TERMS AND CONDITIONS Special terns and conditions that modify this Agreement are as follows: none ARTICLE 13 SCOPE OF THE AGREEMENT § 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. § 13.2 This Agreement is comprised of the following documents listed below: .1 AIA Document B 133T"t-2014, Standard Form Agreement Between Owner and Architect, Construction Manager as Constructor Edition .2 AIA Document A201-2007, General Conditions of the Contract for Construction, as modified for this Project. .3 Other documents: (List other documents•, i(any, including additional scopes of service tbrnning part of tiro .agreement.) Exhibit A This Agreement entered into as of the day and year first written above. 0 NER (Signature) ARCHITECT (Signature) Tammy deWeerd Mayor Bruce Taylor Principal (Printed name and title) (Printed name and title) Init. AIA Document B133TM —2014. Copyright® 2014 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" Document, or any portion of it, may result in 9 severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This documentwas produced by AIA software at t 14:22:41 ET on 12/05/2019 under Order No.0674691795 which expires on 09/23/2020, and is not for resale. User Notes: (1936746039) Additions and Deletions Report for AIA° Document 8133Tm - 2014 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 14:22:41 ET on 12/05/2019. PAGE 1 �,�,,�,,"�� AGREEMENT made as of the day of 1DP ejP U.1L1f in the year 2019 City of Meridian 33 East Broadway Avenue Meridian, Idaho 83642 Jensen Belts Associates PLLC 1509 Tyrell Lane, Suite 130 Boise, Idaho 83706 Discovery Park Phase II 2121 E Lake Hazel Road Meridian, Idaho 83642 Kreizenbeck, LLC dba Kreizenbeck Constructors 11724 West Executive Drive Boise, Idaho 83717 PAGE Owner's preliminary program for the project is described in Exhibit A, Discovery Park Phase 2 Improvements, dated September 24, 2019. The Project consists of 77 acres located on the south side of Lake Hazel Road, approximately %z mile west of Eat Road. Phase I, consisting of approximately 27 acres has been constructed and is open to the public. Phase 11, consisting of approximately 25 acres will be the subject of this Project Unknown at time of execution Additions and Deletions Report for AIA Document B133TM — 2014. Copyright ® 2014 by The American Institute of Architects. All rights reserved. WARNING: This AIAI Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:22:41 ET on 12/05/2019 under Order No.0674691795 which expires on 09123/2020, and is not for resale. User Notes: (1936746039) PAGE 3 txl Not Apolicable Not Applicable Mike Barton. Park Superintendent 33 East Broadway Avenue Meridian. Idaho 83642 208-888-4433 mbarton@meridiancity.ore none PAGE 4 unknown at tirne of execution unknown at time of execution unknown at time of execution not applicable AIA Document Al33-2009, Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price. Michael J. Berard Kreizenbeck LLC. dba Kreizenbeck Constructors 11724 West Executive Drive Boise. Idaho 83713 Telephone 208-336-9500 Fax208-336-7444 Mobile 208-941-3199 mberard@kreizenbeck.com nla Additions and Oeletions Report for AIA Oocument 8133 ru - 2014. Copyright @ 2014 and lnternational Treaties. by The American lnstitute of Architects. All rights reserved. WARNING:This AlAo Document is protected by U.S. Copyright Law Unauthorized reproduction or distribution of this AlAo Document, orany portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This documentwas produced by AIA software al 14.22:41 ET on jZlOStZOlg under Order User Notes: No.0674691795 which expires on O9tZ3t2O?0,and is not for resale. (1 936746039) 2 Meridian City Council Meeting Agenda December 17, 2019 – Page 326 of 504 nla n/a nla nla Bruce Taylor Jensen Belts Associates 1509 Tyrell Lane. Suite 130 Boise. Idaho 83706 208-343-717 s bruce@jensenbelts.com PAGE 5 1 Struetffie+€rgtfteer' -@ifieefr See Exhibit A See Exhibit A Additions .nd Deletions Report for AIA Document 8133'x - 20't4. Copyright @ 2014 by The American lnstitute of Architects. All rights reserved. WARNING: ThisAlAo DocumentisprotectedbyU.s.CopyrightLawandlnternationalTreaties.UnauthorizedreproductionordistributionofthisAlAe Oocument,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 rvas produced by AIA software al 14'22'41 ET on 12105/2019 under Order No.057469'1795 which expires on O9l23l2O2O, and is not for resale. User Notes: (1936746039) nla 3 Meridian City Council Meeting Agenda December 17, 2019 – Page 327 of 504 $ 2.6 lnsurance. The Architect shall maintain the following insurance for the duration of this Agreement. l+anfe*ne $ 2.6.1 Comrnercial General Liability with policy limits of not less than One Million Dollars ($ 1.000.000.00 )for each occurrence and Two Million Dollars ($ 2.000.000.00 ) in the aggregate for bodily injury and property darnage $ 2.6.2 Autornobile Liability covering vehicles owned by the Architect and non-owned vehicles used by the Architect withpolicylimitsofnotlessthanoneMillionDollars($l.000.000'00)perclaim@for bodily injury and property damage along with any other statutorily required automobile coverage. $ 2.6.4 Workers' Compensation at statutory lirnits and Employers Liability with policy limits of not less than One Hundred Thousand Dollars ($ 100.000.00 ). $ 2.6.5 Professional Liability covering negligent acts, errors and omissions in the performance of professional services, with policy limits of not less than Two Million Dollars ($ 2.000.000.00 ) per claim and Two Million Dollars ($ 2.000.000.00 ) in the aggregate. PAGE 6 $ 3.1.3 As soon as practicable after the date of this Agreement, the Architect shall submit to the Owner and the Construction Manager a schedule of the Architect's services for inclusion in the Project schedule prepared by the Construction Manager. The schedule of the Architect's services shall include design milestone dates, anticipated dates when cost estimates or design reviews may occur, and allowances for periods of time required ( I ) for the Owner's review, (2) for the Construction Manager's review, (3) for the performance of the Construction Manager's @Phaseservices,(4)fortheperfonnanceoftheowner,sconsultants,and(5)for approval ofsubrnissions by authorities havingjurisdiction over the Project. PAGE 7 $ 3.3.1 The Architect shall review the program and other information furnished by the Owner and Construction Manager, and shall review for compliance with laws, codes, and regulations applicable to the Architect's services. PAGE 9 Not lncluded Unless accepted and added bv Chanqe Order Additlons and Deletions Report for AIA Document Bl33'r - 2014. Copyright @ 20 14 by The American lnstitute of Architects. All rights reserved. WARNTNG:ThisAlAe DocumentisprotectedbyU.s.CopyrightLawandlnternationaiTreaties.Unauthorizedreproductionordislributionotttrisete" Document,orany portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maiimum extent possible under the law. This documentwas produced by AIA software al1422:41 ET on 12105/2019 under Order No.0674691795 which expires on ogt23t2o2o,'and is notfor resale.User Notes: (1936746039) 4 Meridian City Council Meeting Agenda December 17, 2019 – Page 328 of 504 $C.6#G€neral@ll prev:de administratien ef the eentraet betrveen the ewner and theeenstruetien Manater W Additions and Deletions Report for AIA Document B133' This AlAc Document is protected by U.S. Copyright Law any portion of it, may result in severe civil and criminal Iwas produced by AIA software at 14:22:41 ET on 12lOStZO1 User Notes: n -2014. Copyright @ 2014 by The American lnstitute of Architects. All rights resorved. WARNING: and lnternational Treaties. Unauthorized reproduction or distribution ot thls ltAu Oocument, orpenalties, and will be prosecuted to the maximum extent possible under the law. This document9 under Order No.0674691 795 which expires on O9t2gt2O2O, and is not for resale. (1 93674603e) 5 Meridian City Council Meeting Agenda December 17, 2019 – Page 329 of 504 i Manager; Subeen @ eentraet Deeuments en written request ef either the ewner er €enstruetien Manager, The Arehiteet's respense te frem the €entreet Deeuments end shall be in writing er in the ferm ef drarvings, When making sueh interpretatiens faith' The Arehitee ifltefl+ in sueh Bmounts, T ion Maneger's Appli€& Deeuments upen Snbstantial e empletien; (2) te results ef subsequent tests and inspeetiens; (3) te eerreetien ef miner deviatiens frem the Centraet Deeuments prier te eempletien; and (4) te speeifie qualifieatiens expressedby the A+ehi+ee* exhaustive or eertinneus en site inspeetiens ts eheek the quality er quantity orthe Werk; (2) reviewed eenstruetien etlen Manager ha! F6,3,3 The Arehiteet shall maintain a reeerd ef the Applieatiens and eertifieates fer Payment, $+S+Sulmi*als F#{ The Arehiteet shall review the €enstruetien Irlenager's ^ubmittal sehedule and shall net unrea^enabl}.delay Additions and Deletions R€port for AIA Document Bl33' This AlAe Document is protected by U.S. Copyright Law any portion of it, may result in severe civil and criminal 1 was produced by AIA sottware al14.ZZ:41 EI on 12lOSl2O1 User Notes: n -2014. Copyright O 2014 by The American lnstitute of Architects. All rights reserved. WARNTNG: and lnternational Treaties. Unauthorized reproduction or distribution of this AlAo Document, orpenalties, and will be prosecuted to the maximum extent possible under the law. This document 9 under Order No.0674691795 which expires on O9t23l2O2O, and is not for resale. (1936746039) 6 Meridian City Council Meeting Agenda December 17, 2019 – Page 330 of 504 iemen+€r teehniques; squenees er preeedures, The Arehiteet's approval ef a speeifie item shall net indieate appreval of an ign speeiry the apprepriat i€{# ion fer informatien, Requ Ar€hiteet's respens Speeifieatiens in respense te requests fer infennet:en, i€n W en'ner's appreval and exeeutien in aeeerdanee n'ith the eentraet Deeuments, $+S++rciee+eempt*ien S3.&$.#he+rchi+eelshall eenduet ins^eetiens tedetennine the date er dates ef Substantial €empletieeand the date ef final eempletieni issue e ertifieates ef Substantial e ernpletieni reeeive f-ern the e enstruetien Manager and ferrvard te the Owner; fer the ewner's review and reeerds; rvritten n'arranties and related deeurnents required by the Gentraet inspeetien indie eenstruetien N{anager ef Werk te be eempleted er eerreeted, plete; the r\rehiteet shall inferm the ewner abeut the balanee eontraet Sum; if any; fer final eempletien er eerreetien ef the Werk, r frem the date efsubs ity @ Additions and Doletions Roport for AIA Document B'133'r - 2014. Copyright @ 2014 by The American lnstitute of Architects. All rights reserved. WARNING: ThisAlA'DocumentisprotectedbyU.S.CopyrightLawandlnternationalTreaties.UnauthorizedreproductionordistributionofthisAlAo 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 sottware al14:22:41 ET on 12105/2019 under Order No.0674691795 which expires on 0912312020, and is notfor resale. User Notes: (1936746039) 7 Meridian City Council Meeting Agenda December 17, 2019 – Page 331 of 504 S 4.1.1 Assistance with selection of the Construction Manager Not Provided E4I-2 +resrammine (B202rM 2gg @isfts e-a+"S gxisti ities sunrevs S 4.1.7 Building information rnodelins (E203rM-2013)Not Provided SaJ*---gi+feneffi€€rine $+.+.+--+aneseape-eesieft S 4.1.13 On-site proiect representation (B207rNL2008)Not Provided S 4.1.14 Conformed construction documents Not Provided S 4.1.17 Post occupancy evaluation Not Provided S 4.1.18 Facility support services (B2l0rNL2007)Not Provided $ 4.1.19 Tenant-related services Not Provided Q 4.1.20 Coordination of Owner's consultants Not Provided S 4.1.21 Telecommunications/data design Not Provided q 4.1.22 Security evaluation and planning (B206rM-2007)Not Provided $ 4.1.24 Extensive environmentally responsible design Not Provided I 4.1.25 LEEDi certification (82 l4rNt 101,)Not Provided I 4.1.26 Historic Dreservation (B205rr\{-2007)Not Provided €2ru) PAGE 10 nla PAGE 11 .8 [deleted] .10 Evaluation ofthe qualifications ofbidders or persons providing proposals; .14 .15 Services necessitated by the owner's delay in engaging the Construction Manager;-andMg4gger Additions and Deletions Report for AIA Oocument 8,133 This AIA' Oocument is protected by U.S. Copyright Law any portion of it, may result in severe civiland criminal I was produced by AIA software at 1422:41 EI on 121051201 User Notes: 1r - 2011. Copyright @ 2014 by The American lnstitute of Architects. All rights reserved. WARNTNG: and lnternational Treaties. Unauthorized reproduction ordistribution ofthis AlA6, Document, orpenalties, and will be prosecuted to the maximum extent possible under the law. This document 9 under Order No.0674691795 which expires on O9l23t2O2O, and is not for resale. (1936746039) 8 Meridian City Council Meeting Agenda December 17, 2019 – Page 332 of 504 S 4.3.2 Te aveid delay in the €enstruetien Phase; the Arehiteet shall previde the fellewing Additienal Serviees; netify the gwner wi i+e ffiiees+Not lncluded Unless accepted and added bv Chanqe Order by+he+rehi&eg with the eentraet Deeuments er where sueh infennatien is available te the eenstruetien Manater frern or-M+e+i S€rvi€€i revisiens te lnstru eernpletien; identified in Initial Infennatien; whiehever is earlier, eenstruetien+lanager ion is ien S 4.3.3Not lncluded Unless accepted and added bv Chanqe Order $ 4.3.4 ent have net been eem^leted rvithin ( ) menths ef the date of iees.Not lncluded Unless accepted and added bv Chanqe Order PAGE 12 $ 5'1 Unless otherwise provided for under this Agreernent, the Owner shall provide information in a timely manner regarding requirements for and limitations on the Project, including a written program which shall set forth the Owner's objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. Within l5 days efterreeeipt ef a n.ritten request frem $ 5'6 The Owner shall fumish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shail include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands; n -2011. Copynght@2014 by The American lnstitute of Architects. All rights reserved. WARNTNG: and lnternational Treaties. Unauthorized reproduction or distribution of ttris A|A. Document, orpenalties, and will be prosecuted to the maximum extent possible under the law. This document 9 under Order No.0674691795 which expires on OgtZgt2O2O, and is nol for resale. (1936746039) Additions and Deletions Report for AIA Document 8133' This AlA" Document is protected by U.S. Copyright Law any portion of it, may result in severe civil and criminal Iwas produced by AIA software at 14:22:41 Ef on 12l0SlZO1 User Notes: 9 Meridian City Council Meeting Agenda December 17, 2019 – Page 333 of 504 adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data with respect to existing buildings, other improvements and trees; and infonnation conceming available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. This information does not relieve the Architect of liabilit-v for failing to physically visiting the site to confirm such information. PAGE,I5 t)( ] Litigation in a court of competent jurisdiction PAGE 16 $+S+*i+atien 5 S,3,1 If the parti iafion i+fation imita+iorls pufpos€sr{e€ei @ i+ratior+ ${3-,4*+,ither"arty; at its sete d ntietty invelvd in-a f€rs€fl-erfi+ity shatl not eenst ffi der this @ $ 9.7 Termination Expenses are in addition to compensation for the Architect's services and include expenses directly attributabletotenninationforwhichtheArchitectisnototherwiSe Additions and Deletions Report for AIA Document 8133il - 2014. Copyright @ 20 l4 by The American lnstitute of Architects. All rights reserved. WARNING:ThisAlAo DocumentisprotectedbyU.S.CopyrightLawandlnternational Treaties.Unauthorizedreproductionordistribution6fthisAlA@ Document,or 46any 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 ll' was produced by AIA software al 14:22:41 ET on 1210512019 under Order No.0674691795 which expires on Ogt23lZO2O, and is not for resale. User Notes: (i936746039) Meridian City Council Meeting Agenda December 17, 2019 – Page 334 of 504 $10.1ThisAgreementshallbegovernedbythelawoftheplacewheretheProjectis@ iell &}.lsselcd.- PAGE 17 $ 10.7 The Architect shall have the right to include photographic or artistic representations ofthe design ofthe Project among the Architect's promotional and professional materials. The Architect shall be given reasonable access to the completed Project to make such representations. However, the Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shallgggprovide professional credit for the Architect in the Owner's promotional materials for the Project. $350.900.00 see exhibit A for hourly rates $ 11.4 Compensation for Additional Services of the Architect's consultants when not included in Sections I I .2 or I I .3, shall be the arnount invoiced to the Architect plus zero percent (9_W, or as otherwise stated below: nla $ 11.5 Where compensation for Basic Services is based on a stipulated sum or percentage of the Cost of the Work, the compensation for each phase of services shall be as follows: see exhibit A for complete itemized list nla SurveyinePhase Schematic Design Design DevelopmentPhase Construction Docurnents Offsite Roadway Desien R.O.W. Dedication Gravitlz Irrigation Utility Design Utilitv Record Drawinss Offsite Coordination Sienal Lieht Planning Bid Altemates SWPPP Preparation Legal Descriptions Record Drawings Owner Meetinss Bidding Assistance Reimbursable Expenses Electrical Design Restroom Design ffi Traffic Stud), eens+rue+ian+hase $21.500.00 30.125.00 47.625.00 57.400.00 53.900.00 s.600.00 2.400.00 8.200.00 1.800.00 3.000.00 800.00 7.500.00 4.850.00 12.800.00 1.800.00 8.250.00 8"450.00 2.500.00 7.400.00 50.000.00 r s.000.00 pef€€rt{ @ pe+e€n( l,€+e# W w w e4) Additions and Deletions Report for AIA Document 8133n - 2014. Copyright @ 2014 by The American lnstitute of Architects. All rights reserved. WARNTNG: This AIA@ Oocument is protected by U.S. Copyright Law and lnternational Treaties. Unauthorized reproduction or distribution of this Atl. Document, or r rany 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 I I was produced by AIA software at 14:22:41 ET on 1210512019 under Order No.0674691795 which expires on Oglzgt2121, and is not for resale. User Notes: (1936746039) Meridian City Council Meeting Agenda December 17, 2019 – Page 335 of 504 PAGE 18 Total Basic Cornpensation ene-hundred eer€€n( $350.900.00 +0e w see exhibit A Cmpteyee++eategery nate{$g$g) $ 11.8.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Architect and the Architect's consultants directly related to the Project, detailed in Exhibit A. and as follows: .1 ; .6 ,7 Renderings, models, mock-ups, professional photography, and presentation materials requested by the Owner; .8 is Preje€t; er the expe insu+an€e in ex€ess ef that n .10 Site-egee-expenser,+ne $ 11.8.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect's consultants plus Zero percent ( Q_%) of the expenses incurred. Reimbursable expenses shall not exceed $2.500 without orior approval from Owner. iee is eet as follews, s_ $ 11.10.1 under this Agree ifivei€e, $ 11.10.2 Unless otherwise agreed, payments for services shall be rnade monthly in proportion to services performed. Payments are due and payable upen presentatien ef the A-ehiteet's inveiee, Arreunts unpaid ( \ days after the Additions and Deletions Report for AIA Document 8133il - 2014. Copyright @ 2014 by The American lnstitute of Architects. All rights reserved. WARNTNG: This AlA6' Document is protected by U.S. Copyright Law and lnternational Treaties. Unauthorized reproduction or distribution of this AIA@ Document, or 1 2any portion of it, may resull 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 14.22:41 ET on 1 2/05/201 9 under Order No.0674691795 which expires on 0912312020, and is not for resale. User Notes: (1936746039) Meridian City Council Meeting Agenda December 17, 2019 – Page 336 of 504 0 nveiee date shall beaf unleres! at !he fate eHIeFed below, OF on the absen hereefat !he legal fate prevailing ffem fiffi-e to title a .net 30 days from Owner's receipt of a correct invoice. PAGE 19 %—Zero % none .2 AIA Document E2031111 20 3, Building infenflatien Modeling and Digital Data Exhibit, Of eemple or !heMleiµieg A201-2007 General Conditions of the Contract for Construction, as modified for this Project. Tammy deWeerd Mayor Bruce Taylor Principal Additions and Deletions Report for AIA Document B1331-2014. Copyright ® 2014 by The American Institute of Architects. All rights reserved. WARNING: This AIA" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA` Document, or 13 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 14:22:41 ET on 12105/2019 under Order No.0674691795 which expires on 09/23/2020, and is not for resale. User Notes: (1936746039) Certification of Docu ment 3 Authenticity AIA@ Document D401,u - 2oo3 I, , hereby certifu, to the best of rny knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 1422'.41 ET on 1210512019 under Order No. 0674691 795 from AIA Contract Documents software and that in preparing the attached final docurnent I rnade no changes to the original text of AIAF Document Bl33rM -2014, Standard Form of Agreement Between Owner and Architect, Construction Manager as Constructor Edition, as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. (Signed) (Tille) (Dated) AIA Oocument D401 rr - 2003. Copyright @ 1992 and 2003 by The American lnstitute of Architects. All rights reserved. WARNING: This AlAo Document is protected by U.S. Copyright Law and lnternational Treaties. Unauthorized reproduction or distribution of this AIAE Document, or any portion of it, may 1result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This documenl was produced by AIA software at 14:22:41 ET on 1210512019 under Order No.067469'1795 which expires on 0912312020, and is not for resale. User Notes: (1936746039) Meridian City Council Meeting Agenda December 17, 2019 – Page 338 of 504 Discovery Park Phase 2 Improvements Proposal 1 September 24, 2019 Meridian Parks and Recreation Attn: Mike Barton 33 E. Broadway Ave. Meridian, ID 83642 Re: Discovery Park Phase 2 Improvements Design Services Dear Mike; I am pleased to respond with this proposal for the design services for Phase 2 of Discovery Park in Meridian. The work generally will consist of Topographic Survey, Schematic Design, Traffic Study, Design Development, Construction Documents, and Bidding Assistance for both onsite and offsite improvements. This proposal is based on our discussions of possible improvements in Phase 2 and anticipate the area to be approximately 25 acres in size. Possible onsite improvements discussed are 250 parking spaces, small restroom, 2‐3 baseball fields, pickleball courts, basketball courts, pump track, shelter and new entry drive from the eastern collector road. Offsite improvements include roadway improvements to East Lake Hazel Road, a new collector road along eastern limits of construction, and intersection at E. Lake Hazel and East C o l l e c t o r . W e d o n o t i n c l u d e f e e s f o r a w e s t e r n c o l l e c t o r o r e ntrance. No fees are included for modifications to the existing temporary driveway approach from E. Lake Hazel. Through the process, Jensen Belts Associates (JBA) will coordinate with you and others on the Parks and Recreation Staff. Erickson Civil Inc. (ECI), Insight Architects (IA), Musgrove Engineers (ME), and Kittleson Associates (KA) will be sub‐consultants under JBA and will provide the Architecture and Engineering. JBA will provide the site plan, horizontal layout, planting, and sprinkler irrigation. ECI will provide grading, drainage, utilities, roadway design and SWPPP preparation. IA shall provide the restroom building plans, ME will provide site electrical and KA the traffic study update. This proposal includes a budget only for IA and KA since we do not have enough information to define their scope. We will ask KA to meet with ACHD and prepare a proposal once schematic design is complete. This proposal may need modification once we get a proposal from them. See attached ECI and ME proposals for more information on their scope. ITEM 1: SCOPE OF WORK‐ Task 1: Topographic and Control Surveying ECI will perform a topographic Survey for the site as described in their attached proposal. We are not including a Geotechnical Report in our proposal. We assume that the City of Meridian will provide us with this report. Task 2: Schematic Design JBA IA and ECI shall prepare Schematic Design level drawings that depict all improvements expected to occur. A base map will be prepared using the survey and anticipated improvements. JBA and ECI will attend owner meetings as necessary. Task 3: Design Development JBA ECI, IA, and ME shall prepare Design Development level drawings that depict all improvements expected to occur. Revisions to the plans are anticipated as we receive input in programming meetings with Parks and Recreation. KA will prepare Traffic Study update based on the schematic design. This information will be used to update the base map. JBA will provide a color rendering for use in gaining approval by Meridian public agencies. JBA and ECI will attend owner meetings as necessary. An Opinion Meridian City Council Meeting Agenda December 17, 2019 – Page 339 of 504 Discovery Park Phase 2 Improvements Proposal 2 of Probable Cost will be prepared by each consultant but anticipate Kreizenbeck Constructors will lead this effort. See ECI and ME proposals for more information. Task 4: Construction Documents Task 4.1: Construction Documents – JBA, ECI, IA, and ME will provide construction documents as follows: 1. Grading, Drainage and Utility Plans – ECI will prepare construction plans in accordance with current industry standards and local agency requirements. See attached ECI Proposal 2. On Site Layout Plan – JBA will provide the final site drawings which indicate the required final location, sizing and layout of all site elements. We will also provide necessary construction details demonstrating the required construction of site elements specified. 3. On Site Details – ECI will provide pavement and roadway details. JBA will provide details for landscape and site improvements other than those provided by civil. We anticipate repeating the same design for things like baseball backstops from Phase 1 documents. We do not include fees for structural calculations. 4. Off Site Improvement Plans – ECI will provide Roadway Plans and details. 5. Structures – IA shall provide documents for a small restroom. A pre‐manufactured shade shelter is a possible improvement. No fees are included for footing design or wind load calculations. This would be an additional cost paid to the manufacture of the shelter selected. 6. Structural Engineering – IA will provide as necessary for restroom. We do not anticipate retaining walls requiring engineering. 7. Site Electrical Plan – ME will provide plan for lighting and power for certain improvements. See attached ME proposal. 8. Specifications – JBA, ECI IA, and ME will provide specifications as needed. We anticipate using ACHD and ISPWC Standard Drawings and Specifications. City of Meridian Supplemental Specifications will be used as applicable. We do not anticipate Division 1 specifications. We assume that Phase 1 specifications will be made available so that we match construction methods. 9. Planting Design – We will provide design and drawings for specific plant material, layout, plant sizes and details. 10. Site Furnishings – JBA will detail and specify as needed. 11. Irrigation Design – We will include a design for all new plantings. Pumping station is existing and anticipate minor improvements for this phase. 12. SWPP Documents ‐ ECI will provide an Erosion and Sediment Control Plan and Narrative per local agency requirements. This work does not include filing the Notice of Intent or on‐site inspections of the erosion control. 13. Progress Submittals – We will provide plan sets and specs to the Owner for all required progress submittals and agency submittal. We will address any agency and owner comments received. 14. Owner meetings as required. Task 4.2: Permit Submittals – JBA, ECI, IA, and ME will provide documents for use in Agency Submittals. Task 4.3: Bidding Assistance – JBA, ECI, IA, and ME will provide assistance during bidding. JBA and ECI will attend pre‐bid meeting if requested. We will also be available to answer questions that come up during the bidding process. We anticipate Kreisenbeck Constructors will lead this effort. Reimbursable Expenses Reimbursable expenses including but not limited to mileage and printing shall be billed per each consultant’s rates. Reimbursable expenses shall not exceed $500 without prior approval from the Owner. Meridian City Council Meeting Agenda December 17, 2019 – Page 340 of 504 Discovery Park Phase 2 Improvements Proposal 3 ITEM 2: EXCLUSIONS‐ JBA provides other professional services in addition to those described above. Unless described above and specifically included in this proposal, services including but not limited to the following are not included in the proposed fee and shall be charged as Additional Services if required: 1. Construction Administration. 2. Project applications and agency permit/review fees. 3. Public Meetings. 4. Retaining wall design. No structural engineering included. 5. Sewage Pump Station 6. Irrigation Pump Station. 7. Utility boring. 8. Flood plain work. 9. Detailed Record Documents. 10. License Agreement Fees or Retainers. 11. Environmental Clearances. 12. Wetland or Riparian Delineations. 13. 3D Site Modeling and Renderings. 14. Surface Modeling. 15. Boundary survey. 16. Geotechnical Soils Report or Materials Testing. 17. Park Signage. 18. Construction Survey Staking. 19. Bid advertising and/or contracting. 20. See attached sub‐consultant proposals for additional exclusions Meridian City Council Meeting Agenda December 17, 2019 – Page 341 of 504 Discovery Park Phase 2 Improvements Proposal 4 ITEM 3: DESIGN TEAM FEE PROPOSAL‐ Rural Fire District Civil Design Topographic Survey $1,500.00 Offsite Roadway Design $16,400.00 R.O.W. Dedication $3,200.00 Gravity Irrigation Tiling $2,400.00 Utility Design $8,200.00 Utility Record Drawings $1,800.00 Lead Consultant Coordination $3,000.00 Electrical Design Future Signal Planning $800.00 $37,300.00 Park Onsite & Offsite Civil Design Topographic Topographic Survey $20,000.00 Onsite Design Schematic Design $13,625.00 Design Development $27,250.00 Construction Documents $27,250.00 Offsite Design Offsite Roadway Design $37,500.00 Onsite R.O.W. Dedication $2,400.00 Alternates Bid Alternates $3,000.00 SWPPP SWPPP Preparation $4,850.00 Legal Description Legal Description & Exhibit $12,800.00 * Record Drawings Record Drawing Preparation $1,800.00 Meetings Owner Meetings $2,500.00 Bidding Bidding Assistance $2,200.00 $155,175.00 Landscape Design On & Offsite Design Schematic Design $16,500.00 Design Development $20,375.00 Construction Documents $30,150.00 Alternates Bid Alternates $4,500.00 Meetings Owner Meetings $5,750.00 Bidding Bidding Assistance $6,250.00 $83,525.00 Electrical Design Onsite Electrical Design $7,400.00 $7,400.00 Reinbursable Expenses $2,500.00 Restroom Design Architecture and Engineering $50,000.00 ** Traffic Study Traffic Study and Design $15,000.00 *** $67,500.00 Total Budget $350,900.00 * Budget ‐ Per Each Basis (Estimated 16 @ $800 each) ** Budget ‐ No Insight Architects proposal. Scope needs defined. *** Budget ‐ No Kittleson & Associates proposal. Scope needs defined first through Schematic Design Meridian City Council Meeting Agenda December 17, 2019 – Page 342 of 504 Discovery Park Phase 2 Improvements Proposal 5 Services beyond this scope of work can be added as separate proposals or as additional services at an hourly rate based on the below Schedule of Charges. Our deliverables will be a stamped full‐size PDF document packages e‐mailed to City of Meridian (hard copies upon request). Later design revisions resulting from changes to the approved plans will be considered as additional services at an hourly rate based on the Schedule of Charges below. JENSEN BELTS ASSOCIATES 2019 SCHEDULE OF CHARGES S t a f f P r i n c i p a l $ 102.00 L a n d s c a p e A r c h i t e c t $ 88.00 E x p e n s e s C o p i e s . 1 0 e a c h P l o t s 5 . 0 0 s m a l l , 6 . 0 0 l a r g e O u t o f h o u s e p r i n t i n g A t C o s t Travel, telephone, postage At Cost C i v i l S e e a t t a c h e d E l e c t r i c a l S e e a t t a c h e d K E Y P E R S O N N E L Bruce Taylor, Principal‐in‐Charge/Project Manager Mr. Taylor will perform the administrative function including all program, policy and contractual issues. He will also be responsible for coordination during design phase and oversee all Design and Documentation. C O N T A C T Bruce Taylor Jensen Belts Associates 1509 S. Tyrell Ln., Ste 130 Boise, ID 83706 Phone: 343‐7175 E‐mail: bruce@jensenbelts.com We greatly appreciate the opportunity to assist you on this project and are pleased to address any proposal clarifications. Should this proposal meet your expectation, please signature and return a copy. Yours truly, JENSEN‐BELTS ASSOCIATES, PLLC B r u c e T a y l o r P r i n c i p a l S i g n a t u r e / D a t e Meridian City Council Meeting Agenda December 17, 2019 – Page 343 of 504 6213 N. Cloverdale Rd. - Suite 125 - Boise, Idaho – t.208.846.8955 – f.208.846.8955 – c.208.867.3954 September 24th, 2019 JBA Architects, PA Attn: Bruce Taylor, Principal 1509 Tyrell Ln. #130 Boise, Idaho 83702 SUBJECT: Discovery Park Phase 2 | Meridian, Idaho - Civil Engineering Design Services Dear Mr. Taylor, Please find this letter in response to your request for a proposal for civil engineering services as related to the new Discovery Park Phase 2 development in Meridian, Idaho. INTRODUCTION Jensen Belts Associates (JBA) has requested Erickson Civil, Inc. (ECI) to provide a scope of services to prepare civil engineering construction plans for the new twenty-five (25) acre +/- Discovery Park Phase 2 development in Meridian, Idaho. The project civil engineering design will include grading & drainage, utility plan preparation, offsite roadway improvements, SWPPP design and general coordination with the design team, and Owner. ECI will prepare a civil engineering design for submittal by JBA to the City of Meridian for review, approval, and construction. The following summary outlines tasks to be performed by ECI: 1. Project Management. 2. Complete Topographic Survey of the Phase 2 Project Area. 3. Design Onsite Civil Engineering Design and Construction Documents for an approximate 25 acre site - Grading, Drainage, Gravity Irrigation, Restrooms and Onsite Sewer and Water plans. 4. Design Offsite Roadway Frontage Improvements to include the following: a. W. Lake Hazel Rd – Extension of existing right turn lane from temporary site entrance to the east collector roadway. b. W. Lake Hazel Rd. – Extension of existing center left turn lane from temporary site entrance to a point 100-feet east of the east collector. Design 380-foot taper of thru lanes from the easterly limit of the center left turn lane, to match the existing roadway to the east. c. Intersection of W. Lake Hazel Rd. & East Collector – Design three legged 3x3 intersection (No Signal). The southerly leg of the intersection, being the east collector, at ½ of a 46-foot street section + 12’ = 35’ of pavement for 100-feet, with a 225-foot taper to a ½ of a 36’ street section + 12’ = 30’ of pavement to the Rural Fire District’s southerly property line. No curb, gutter, or sidewalk will be constructed along the Rural Fire District’s frontage. d. Design east collector along the easterly limits of park Phase 2 boundary, with right turn lanes and center left turn lanes at all park site entrances. 5. Bureau of Reclamation License agreement coordination for encroachments to the Farr Lateral Easement. 6. SWPPP preparation. 7. Construction Administration & Bidding Assistance Services. The following detailed Scope of Services outlines anticipated Civil Engineering services and coordination efforts with the project team that will be provided by ECI. Meridian City Council Meeting Agenda December 17, 2019 – Page 344 of 504 Discovery Park Phase 2 – Meridian, Idaho September 24th, 2019 Project No. 101929 Page 2 of 10 6213 N. Cloverdale Rd. - Suite 125 - Boise, Idaho – t.208.846.8955 – f.208.846.8955 – c.208.867.3954 SCOPE OF WORK I. TASK 1 - PROJECT MANAGEMENT & TERMS A. Notice to Proceed: JBA’s acceptance of ECI’s proposal will serve as the Notice to Proceed for the work. ECI is available to begin design work immediately thereafter. B. Project Kick-Off Meeting: ECI will contact JBA to discuss and coordinate any initial coordination items required to gain additional project understanding, the intent of JBA and any other initial “Project Setup” items as necessary to begin work. C. Progress Reports: ECI will issue monthly Progress Reports to JBA complete with an estimate of percent project completion, updated project milestones, and an invoice for work completed. D. Project Schedule: ECI will prepare a project schedule for the civil engineering work that fits within the overall project schedule. The schedule will be updated on a monthly basis. E. Coordination Meetings: ECI and JBA will meet and/or have telephone conferences throughout the duration of the project based on the agenda items to be discussed. ECI will coordinate meetings with JBA to discuss current project issues and to seek feedback to keep the project tracking forward. F. Terms and Conditions: See attached “Standard Terms and Conditions” attached hereto as Exhibit A, which includes pages A1 and A2. Deliverables include: • Progress Reports • Schedule Updates • Design Coordination Meetings and Action Items JBA’s Role: • Conference calls and meetings. • Attend coordination meetings with the City, if required. • Provide necessary application and review fees. • Work with ECI to provide input in the form of review comments throughout project development. II. TASK 2 – BOUNDARY VERIFICATION AND TOPOGRAPHIC SURVEYING: ECI will perform an onsite topographic survey for project site within the limits of the Phase 2 park site, the adjacent Phase 1 park site, and the offsite roadway improvements. A title report of the property, with all underlying documentation, will be provided to ECI by JBA prior to surveying commencing. If a title report is not provided, easements or other items affecting the property may not be noted or shown on the survey drawing. It is assumed that property pins are in place to designate the property boundary. If property pins are not found, the property boundary would need to be determined under a separate scope of work. The City of Meridian has provided ECI the topographic survey for the park property for use, and reference, when performing the Phase 2 park design – By executing this proposal, JBA and the City of Meridian hereby authorize ECI to use the existing Phase 1 Park Topographic Survey CAD file for design of the Phase 2 Park, and agree to indemnify and hold harmless ECI, ECI’s officers, and consultants from and against any and all claims, to the fullest extent permitted by law. Perform a topographical surveying of the site to include the following: ▪ Conduct control surveying to establish NAVD 88 datum. ▪ Perform topographic surveying of the site area impacted by the improvements. Meridian City Council Meeting Agenda December 17, 2019 – Page 345 of 504 Discovery Park Phase 2 – Meridian, Idaho September 24th, 2019 Project No. 101929 Page 3 of 10 6213 N. Cloverdale Rd. - Suite 125 - Boise, Idaho – t.208.846.8955 – f.208.846.8955 – c.208.867.3954 1. Survey locations of surface features on the site to include trees, ditches, fences, buildings, adjacent roads, monitor wells, visible utilities, etc. 2. Survey existing underground utility information as marked in the field by locating companies. 3. Survey location of all streets or driveways within 25’ of project area. 4. Survey grid of the project site at a 25-foot interval to create an accurate surface model of the site. 5. Survey the Phase 1/Phase 2 match conditions. 6. Survey Geotechnical Test Pit Locations and Williams Pipe Line Potholing. Deliverables: ▪ Electronic file of topographic base map and contour information. ▪ ASCII file of survey data, both electronically and hardcopy. ▪ Electronic point file containing AutoCAD surface information. III. TASK 3 – BASE MAP PREPARATION: JBA will provide ECI an AutoCAD file of the current site plan for use in preparing the final design and construction drawings. ECI will prepare the civil base map for the offsite roadway improvements. ECI will prepare a project base map utilizing the JBA project site plan, the offsite roadway improvement base, and the topographic survey. IV. TASK 4 – OWNER MEETINGS: ECI will attend meetings with the owner and design team throughout the duration of the design and construction phases of the project. This proposal is structured for meeting attendance efforts on a time & materials basis. V. TASK 5 - SCHEMATIC DESIGN: ECI will work with the design team to conceptually develop and assess the onsite development plan, and the offsite roadway improvement plans. A. Site Plan Preparation: The project site plan will be developed, prepared, and managed by JBA. JBA will provide a CAD version of the site plan for civil engineering design. B. Schematic Onsite Utility Plan: ECI will prepare a schematic utility plan that illustrates the planned onsite water, sewer, and gravity irrigation mains and service extensions. C. Schematic Onsite Site Grading and Drainage Plan: ECI will prepare a schematic site grading and drainage plan that shows the existing site topography and estimated size requirements for schematic drainage improvements. D. Schematic Offsite Roadway Improvement Design: ECI will prepare a Schematic Design layout for the proposed offsite roadway and Utility improvements. The plan will illustrate the layout, and identification of the proposed improvements and the required rights-of-ways. VI. TASK 6 - DESIGN DEVELOPMENT: ECI will develop Design Development level plan for civil engineering design items including onsite storm water disposal, onsite utility services, and offsite roadway design, as an advancement of the schematic design. The plans will include rough piping layout and preliminary BMP facility design. In addition, existing conditions will be evaluated for design alternative suitability in accordance with the City of Meridian Storm Water Ordinance. Rough space and volume requirements for drainage facilities will be estimated and discussed with JBA. The following items summarize the content of the preliminary design plans. A. Storm Water Drainage Plan: ECI will develop a preliminary grading & drainage plan for storm water disposal and include concepts for BMP’s. The plan will be used for illustration and discussion Meridian City Council Meeting Agenda December 17, 2019 – Page 346 of 504 Discovery Park Phase 2 – Meridian, Idaho September 24th, 2019 Project No. 101929 Page 4 of 10 6213 N. Cloverdale Rd. - Suite 125 - Boise, Idaho – t.208.846.8955 – f.208.846.8955 – c.208.867.3954 purposes with owner and project design team and will be further developed, as modified, in the contract documents stage of design. B. Water and Sewer Utility Plans: ECI will develop a preliminary onsite water and sewer plans that show main and service extensions. 1. Onsite Water Design: ECI will coordinate with City regarding the design of new onsite waterline improvements. ECI will develop a preliminary design for the water distribution system. 2. Fire Hydrants: ECI will include new fire hydrants in the site utility design at the locations requested by the Fire Dept.. 3. Onsite Sanitary Sewer Design: ECI will coordinate with the City Public Works Dept. and prepare a design for a dry line sewer main through the park property, with a provision for a future connection to the existing Phase 1 restrooms. Offsite sewer service or main improvements are not anticipated. ECI does not anticipate that there will be improvements associated with phase 2 that will require sewer service since sewer service is currently unavailable. However, ECI will work with the Parks Dept. to stub a dry line sewer to anticipated future points of connection. C. Power, Telephone, Cable TV, and Gas: Utility coordination efforts and design will be performed by others. D. Pressure Irrigation: Irrigation supply, pump station, and sprinkler design will be performed by Others. E. Onsite Gravity Irrigation: The open section of the Phase 1 pump station overflow ditch will be piped, as well as the existing drain ditch that was piped to a location just southwest of the Phase 1 play area. F. Offsite Gravity Irrigation: Two open ditches located along the Rural Fire District’s W. Lake Hazel Rd. frontage will be piped, or relocated to accommodate the frontage widening of W. Lake Hazel Rd. ECI recommend piping the two ditches within the buildout alignment location to the extent possible – the final alignment will be coordinated with the Parks Dept. and the Rural Fire District. G. ACHD Offsite Roadway Design: ECI will prepare a Design Development level layout for the proposed offsite roadway improvements. The plan will illustrate the layout, and identification of the proposed improvements and the required rights-of-way. The design will be coordinated with ACHD, the Parks Department, and the Rural Fire District. H. Geotechnical investigation and Test Pits for ACHD Drainage Facilities: ECI anticipates that JBA will provide ECI a complete geotechnical report that encompasses the Phase 2 project area. The W. Lake Hazel Rd. and W. Collector roadway designs will require construction of new infiltration drainage facilities. ACHD Policy requires that for design a test pit be located within 50-feet of the proposed infiltration drainage facility. It is highly likely that the current geotechnical investigation will not have a test pit located within 50-feet of the new drainage facilities. ECI will work with ACHD to interpolate the findings of the geotechnical investigation, as applicable to the locations of the new drainage improvements, and propose to ACHD that the free draining soil depth infiltration rate be assumed for design, and verified during construction. For Scoping purposes, ECI assumes that ACHD will be agreeable to this approach and that additional test pits will not be required prior to ACHD Plan Acceptance. However, if ACHD is not in agreement to this approach for this project, ECI will notify JBA and the City, and new test pits will be required and will be completed under a supplemental Scope of Work. Meridian City Council Meeting Agenda December 17, 2019 – Page 347 of 504 Discovery Park Phase 2 – Meridian, Idaho September 24th, 2019 Project No. 101929 Page 5 of 10 6213 N. Cloverdale Rd. - Suite 125 - Boise, Idaho – t.208.846.8955 – f.208.846.8955 – c.208.867.3954 I. Williamson Pipeline Coordination: ECI will provide the civil design to the Williams Pipeline for early review and coordination. Input received from the Williams Pipeline will be communicated to the design team. Crossing requirements, locations and design requirements will be discussed with Williamson. It’s anticipated that the City will provide potholing at all crossing locations as part of the Construction Document Phase of design. J. Bureau of Reclamation License Agreement: ECI does not anticipate relocation of any Bureau of Reclamation (BOR) facilities. ECI will coordinate with the BOR by submitting the project design for review, approval, and license agreement preparation. ECI anticipates that the plan review and license agreement process will not take more than 30 days. K. Preliminary Agency Coordination: ECI will meet with the City and ACHD, if necessary, to review and refine the development plan. L. Opinion of Probable Cost: ECI will prepare a supplemental Opinion of Probable Cost for the DD plan submittal to the City. It’s anticipated that Kreizenbeck Constructors will lead the cost estimating efforts, and prepare final construction cost advisement to the City of Meridian. VII. TASK 7 – CONSTRUCTION DOCUMENTS: ECI will prepare final construction plans for civil engineering design items including onsite grading & storm water disposal, offsite roadway plans, water & sewer services, and the project SWPPP. The plans will be an advancement of the Design Development plans to include additional details, calculations, specifications and other design team coordination items. The following items summarize the content of the Construction Documents. A. Water and Sewer Utility Plans: ECI will finalize the onsite water and sewer plans that show main and service extensions. 1. Onsite Water Design: ECI will develop detailed construction drawings, details and specifications for construction of onsite water service extensions to serve the project and will submit plans to the Suez for review and approval. Onsite easements will be required by Suez for the water system main infrastructure – easement legal descriptions and exhibits will be prepared by ECI as outlined in the Fee section of this proposal. 2. Fire Hydrants: ECI will include new fire hydrants in the site utility design at the final locations requested by the Fire Dept. 3. Onsite Sanitary Sewer Design: ECI will develop construction drawing, details, and specifications for the onsite sewer system, including stubs to future service locations. B. Power, Telephone, Cable TV, and Gas: Utility coordination efforts and design will be performed by others. C. Pressure Irrigation: Irrigation supply, pump station, and sprinkler design will be performed by Others. D. Onsite Gravity Irrigation: ECI will finalize the design for the open section of the Phase 1 pump station overflow ditch will be piped, as well as the existing drain ditch that was piped to a location just southwest of the Phase 1 play area. E. Offsite Gravity Irrigation: ECI will finalize the design of the two open ditches located along the Rural Fire District’s W. Lake Hazel Rd. frontage will be piped, or relocated to accommodate the frontage widening of W. Lake Hazel Rd. Meridian City Council Meeting Agenda December 17, 2019 – Page 348 of 504 Discovery Park Phase 2 – Meridian, Idaho September 24th, 2019 Project No. 101929 Page 6 of 10 6213 N. Cloverdale Rd. - Suite 125 - Boise, Idaho – t.208.846.8955 – f.208.846.8955 – c.208.867.3954 F. ACHD Offsite Roadway Design: ECI will prepare the final design for the proposed offsite roadway improvements. Legal descriptions and exhibits will be prepared for new right of way dedications. ACHD will prepare the PSA’s for all new ROW dedications. ECI will provide the Parks Dept. the PSA for the Rural Fire District ROW dedication, for Parks to coordinate signature acquisition. The final design will be submitted to ACHD for plan review and approval. G. Williamson Pipeline Coordination: ECI will provide the final civil design, complete with crossing details, to the Williams Pipeline for review and license agreement preparation. Legal Descriptions and exhibits will be prepared for the crossings for inclusion in the license agreement. H. Williams Pipeline Potholing at Crossing Locations: ECI will recommend potholing locations to the City of Meridian who will coordinate and provide potholing for roadways, utilities, and other improvements that will cross the Williams Pipeline. ECI will survey the potholed locations to identify the exact horizontal and vertical position of the pipelines at the crossing locations for use in prepared the design of the crossings. I. Bureau of Reclamation License Agreement: ECI does not anticipate relocation of any Bureau of Reclamation (BOR) facilities. ECI will finalize design coordination with the BOR, and request that the BOR finalizes the license agreement for encroachment to the Farr Lateral easement. ECI will forward the License agreement to the City for signature once available. J. ACHD License Agreement: ECI will coordinate with ACHD and JBA to prepare a license agreement for landscape, and other improvements, located within the ACHD right-of-way. K. Bid Alternates: ECI has included a task in the Fee section of this proposal for bid alternate incorporation in the civil design plans. This Scope of Work includes incorporation of up to (3) bid alternates to be incorporated at the request of the City. The intent of the bid alternates is to provide a minor design change for the purpose of easily adding, or removing, a design feature without major redesign. ECI will notify JBA and the City if a specific Bid Alternate would require major alternate design preparation, which would be completed under a separate Scope of Work. L. Project Specifications: ECI anticipates using the current edition of ISPWC Standard Drawings and Specifications, and the City of Meridian Supplemental Specifications as applicable thereto. The ACHD 2017 Supplemental Specifications to the ISPWC will be utilized for work within the public right-of- way. M. Opinion of Probable Cost: ECI will prepare a supplemental Opinion of Probable Cost for the CD plan submittal to the City. It’s anticipated that Kreizenbeck Constructors will lead the cost estimating efforts, and prepare final construction cost advisement to the City of Meridian. N. Prepare 100% Construction Drawings: ECI will finalize the construction drawings for submittal to the appropriate agencies for approval. ECI anticipated a single set of construction plans for a single phase of construction, without early start plan sets. O. Building Permit Submittal 1. ECI will provide a final Civil Engineering plans for building permit submittal by JBA. VIII. TASK 8 – LEGAL DESCRIPTION AND EXHIBIT PREPARATION: It is anticipated that legal descriptions and exhibits will be required for various easements and dedications. ECI will determine the easement and dedication needs and will coordinate the easement dedications. It’s anticipated that easement acquisition will progress smoothly without delay. Easement acquisition services will be performed on a Meridian City Council Meeting Agenda December 17, 2019 – Page 349 of 504 Discovery Park Phase 2 – Meridian, Idaho September 24th, 2019 Project No. 101929 Page 7 of 10 6213 N. Cloverdale Rd. - Suite 125 - Boise, Idaho – t.208.846.8955 – f.208.846.8955 – c.208.867.3954 time and materials basis. Legal Description and Exhibit preparation will occur on a per each basis as needed. See Fee Estimate section of this proposal. IX. TASK 9 – STORM WATER POLLUTION PREVENTION PLAN - ECI will prepare a Storm Water Pollution Prevention Plan as required by the EPA. Deliverables will include a plan drawing. EPA permitting including NOI’s; SWPPP implementation, management, and maintenance; and NOT’s will be performed by others. X. TASK 10 – BIDDING ASSISTANCE: ECI will attend pre-bid meeting if requested. In addition, ECI will be available to field questions of bidders that arise during the bidding process. Bidding Documents will be prepared by others. XI. WORK NOT INCLUDED: This item is included for reference to ensure that there is a concise understanding of what tasks ECI has not included within this Scope of Services. Several of the items are either not anticipated to complete the project or are services assumed to be provided by others to avoid duplication of efforts. Please notify us if you feel a need for ECI to include any of the tasks identified below; we are certainly able to modify our Scope of Services to incorporate any additional project needs. A. Construction Administration. (Not Anticipated/Under Separate Scope of Work) B. Project applications and permit/review fees. (To be prepared and paid by JBA) C. License agreement preparation fees. (By Others) D. Retaining wall design. (By Others) E. Pervious concrete/pavement design. (Not Anticipated) F. Building design. (By Others) G. New sewage pump station design. (Not Anticipated) H. Bulk printing. (Not Anticipated) I. Utility boring. (Not anticipated) J. Potholing services for subsurface utility exploration – Williamson Pipeline. (By City of Meridian) K. Floodplain work including, permitting, modeling, map adjustments, LOMR-F, LOMA. (Not Anticipated) L. Record drawing preparation for items except City water & sewer mains. (Not Anticipated) M. Attorney retainer fees for license agreements. (By Others) N. Traffic Impact Study, Signal Warrants, and Other TIS related work. (By Others) O. Environmental clearances environmental clearances including but not limited to investigations, studies, surveys, delineations, or assessments. (Not Anticipated) P. Wetland and riparian delineations. (Not Anticipated) Q. Developing, assembling, and reproducing contract and bidding documents. (Not Anticipated) R. Hydraulic capacity evaluations of existing water and sanitary sewer systems. (Capacity information will be provided by the City of Meridian) S. Trash enclosure and other site amenity design. (By Others) T. Fire sprinkler design & fire service line sizing (By Others). U. Record of Survey, ALTA Survey, and Platting. (Not Anticipated) V. Easement agreement creation – Use Agency Standard Forms. (Not Anticipated) W. Site lighting. (By Others) X. Construction Surveying. (By Others) Y. Life safety analysis & associated tasks. (By Others) Z. Offsite utility extensions. (Not Anticipated) AA. Separate Permit Submittals – ECI anticipates a single phase of work and Construction Documents. (Not Anticipated) BB. CZC, Conditional Use, Rezone, or other entitlement applications and/or proceedings. (By Others) CC. Pressure irrigation pump station upgrades. (By JBA). DD. Site Plan Preparation – JBA will provide ECI a site plan for design purposes. (By Others). EE. Well design, water right acquisition or transfers. (Not Anticipated). FF. Legal proceedings and or protests. (Not Anticipated). Meridian City Council Meeting Agenda December 17, 2019 – Page 350 of 504 Discovery Park Phase 2 – Meridian, Idaho September 24th, 2019 Project No. 101929 Page 8 of 10 6213 N. Cloverdale Rd. - Suite 125 - Boise, Idaho – t.208.846.8955 – f.208.846.8955 – c.208.867.3954 GG. Landscaping, irrigation, sprinklers, and fencing. (By Others) HH. Existing utility relocations and existing easement vacations. (Not Anticipated) II. Geotechnical Investigation (To be provided to ECI by JBA for pavement & drainage design). JJ. Modifications to Williams Pipeline. (Not Included) KK. Signal Design at Intersection of East Collector & W. Lake Hazel Rd. (Not Anticipated/By Others) LL. Commercial collector along west Park property boundary, round-a-bout turn around, and associated right turn lane and center left turn lanes on W. Lake Hazel Rd. (Not Anticipated/By Others) MM. East Collector south of park entrance. (Not Anticipated) NN. Collector along south Park property boundary. (Not Anticipated) OO. Offsite right-of-way or easement acquisition. (Not Anticipated) PP. Modifications to the Farr Lateral bridge structure, including guard rail, for the W. Lake Hazel Rd widening. (Not Anticipated) QQ. Relocation, or modification to any Bureau of Reclamation Irrigation Facilities. (Not Anticipated) RR. Modifications, analysis, or work related to the existing Phase 1 septic system. (Not Anticipated) SS. ACHD Commissioner Meetings. (Not Anticipated) TT. All analysis and design work related to the intersection of S. Eagle Rd. and W. Lake Hazel Rd. (Not Anticipated/By Others) UU. Bid Alternates in excess of (3) three, or that require major alternate design preparation. (Not Anticipated) VV. Modifications to the existing Park temporary approach to W. Lake Hazel Rd. (Not Anticipated) WW. Joint Trench Design Fees. (By Others) FEE ESTIMATE XII. FEE ESTIMATE - RURAL FIRE DISTRICT Offsite Roadway Civil Engineering Design Tasks (Rural Fire District Frontage) I. Topographic Survey $ 1,500 II. Offsite Roadway Design $ 16,400 III. Right-of-Way Dedication, Legal Description & Exhibit Preparation $ 3,200 IV. Gravity Irrigation Tiling $ 2,400 V. Utility Design (Water, Sewer, Joint Trench Coordination) $ 8,200 VI. Utility Record Drawing Survey and Drawing Preparation $ 1,800 Lump Sum Design Fee $ 33,500 XIII. FEE ESTIMATE - PARK ONSITE & OFFSITE Topographic and Control Surveying VII. Topographic and Control Surveying $ 12,700 VIII. Geotechnical Test Pit & Williams Pipe Line Pothole Surveying Tie-Ins $ 3,500 IX. Record Drawing Survey for City Water & Sewer Mains $ 3,800 Lump Sum Design Fee $ 20,000 Onsite Civil Engineering Design Tasks X. Schematic Design $ 13,625 XI. Design Development $ 27,250 XII. Construction Documents $ 27,250 Lump Sum Design Fee $ 68,125 Offsite Roadway Civil Engineering Design Tasks (Park) XIII. Offsite Roadway Design $ 37,500 XIV. Onsite Right-of-Way Dedication, Legal Descriptions, & Exhibits $ 2,400 Lump Sum Design Fee $ 39,900 Meridian City Council Meeting Agenda December 17, 2019 – Page 351 of 504 Discovery Park Phase 2 – Meridian, Idaho September 24th, 2019 Project No. 101929 Page 9 of 10 6213 N. Cloverdale Rd. - Suite 125 - Boise, Idaho – t.208.846.8955 – f.208.846.8955 – c.208.867.3954 Bid Alternates (As Requested by Owner) XV. Bid Alternates (3 Included) $ 3,000 Lump Sum Design Fee $ 3,000 Storm Water Pollution Prevention Plan XVI. Storm Water Pollution Prevention Plan $ 4,850 Lump Sum Design Fee $ 4,850 Legal Description & Exhibit Preparation XVII. Legal Description & Exhibit Preparation $ 12,800* Lump Sum Design Fee $ 12,800* Record Drawing Preparation for City Water & Sewer Mains XVIII. Record Drawing Preparation for City Water & Sewer Mains $ 1,800 Lump Sum Design Fee $ 1,800 Owner Meetings (As Requested) XIX. Owner Meetings (As requested) $ 2,500 Lump Sum Design Fee $ 2,500 Bidding Assistance XX. Bidding Assistance $ 2,200 Lump Sum Design Fee $ 2,200 *Legal Descriptions and Exhibits: All legal description needs have not yet been determined for the project and will be resultant of the investigation and design process. ECI has included (16) legal descriptions and exhibits will be required to complete the project – Additional legal descriptions will be prepared on a per each basis at a rate of $800.00 each; Additional exhibits descriptions will be prepared on a per each basis at a rate of $800.00 each; Additional work items not include within this Scope of Services will be provided on a time and materials basis under a supplemental Scope of Work. Hourly Rates for Time and Materials Work are as follows: Principal = $125.00; Project Manager = $105.00; Project Engineer = $95.00; Technical Designer = $85.00; Survey Crew = $160.00; PLS = $115.00: Clerical = $55.00. If this proposal is acceptable, please secure the appropriate signature on the attached Notice to Proceed and return one original copy to Erickson-Civil, Inc. We would appreciate the opportunity to further discuss this proposal with you if you should have any questions. I will be the single point of contact for questions and coordination efforts related to the project. Sincerely, ERICKSON-CIVIL, INC. Ross K. Erickson, P.E. Project Manager Meridian City Council Meeting Agenda December 17, 2019 – Page 352 of 504 MUSGROVE ENGINEERING, P.A. 234 S. Whisperwood Way Boise, Idaho 83709 Ph: 208-384-0585 Fax: 208-384-0765 www.musgrovepa.com Charles E. Paulin, P.E. – Principal Bill A. Carter, P.E. – Principal Todd Nelson, P.E. – Principal Kurt Lechtenberg, P.E. – Principal Jason Rice, P.E. – Principal Thad Mason, P.E. – Principal April 29, 2019 Jensen Belts Associates 1509 Tyrell Lane, Ste. 130 Boise, Idaho 83706 ATTENTION: Bruce Taylor RE: Engineering Fee Proposal – REVISED Project – Discovery Park Phase 2 Dear Bruce: We appreciate the opportunity to be a part of your design team on the above referenced project. Based on my understanding of the project, I would propose to provide the following fees for our services: Electrical: Design & Construction Documents: Fixed Fee ................................................................... $ 8,200.00 Reimbursable Expenses: Expenses (mileage, printing, travel, deliveries) will be billed at cost. The above fees are based on the following scope of work: Electrical Design & Construction Documents: - Interior lighting, exterior building lighting, and lighting controls to meet applicable energy code requirements. - Emergency and Exit lighting as required by codes. - Interior and site power distribution, including coordination with the local utility. - Softball field lighting and controls (2 to 3 fields). - Parking lot lighting and controls. - Power distribution for picnic shelters. - Electrical provisions future restrooms structure and electrical systems south of the Phase 2 area. - Electrical services coordination for traffic signal at Lake Hazel and the new access road. - Energy Code Lighting Compliance forms. - Electrical specifications, either on the drawings or in a project book. - Bidding/Negotiation services. The following services are not included in the above fees. - Traffic signal system design. - Opinion of probable construction cost. - Value engineering revisions after bidding. - Record drawings. - Construction Administration. Services provided on an hourly basis shall be at the following hourly rates for 2019. Services provided beyond 2019 shall be at the rates in effect at the time of service. Principal ................................................................... $160.00/hour Senior Project Engineer ........................................... $130.00/hour Energy Modeling ...................................................... $130.00/hour Project Manager ...................................................... $120.00/hour Project Engineer ...................................................... $100.00/hour Project Designer ...................................................... $ 90.00/hour Meridian City Council Meeting Agenda December 17, 2019 – Page 353 of 504 234 S. Whisperwood Way Boise, ID 83709 Ph: 208-384-0585 Fax: 208-384-0765 www.musgrovepa.com OVER 40 YEARS OF EXCELLENCE CADD Operator ....................................................... $ 80.00/hour Administrative Assistant ........................................... $ 80.00/hour Expenses (mileage, printing, travel, deliveries) ........ Billed at Cost Billings for services are issued on a monthly basis and are due within 30 days following the billing date. Any amounts unpaid at the end of 60 days following the billing date will accrue interest (from the billing date) at the rate of 1½% per month, which will be added to the unpaid balance. Musgrove Engineering will perform its services using the degree of care and skill ordinarily exercised by design professionals performing similar services in the same locality under similar circumstances and conditions. I sincerely appreciate the opportunity to present you with this proposal, Bruce. If this proposal meets your approval, please sign it in the appropriate space below and return it to me, retaining a copy for your files. Respectfully, Kurt Lechtenberg, P.E., LEED AP KL/eby Project: Discovery Park Phase 2 – REVISED Client: Jensen Belts Associates Approved this _______ day of ______________ , 2019. By_____________________________ ______________________________ (Please Print Name & Title) (Signature) Note: We cannot begin work on any project without receipt of a signed contract. Payment for services is due after completion of services – whether or not the project proceeds into construction. Meridian City Council Meeting Agenda December 17, 2019 – Page 354 of 504 �/rE IDIZ IANC-- �J CITY COUNCIL WORK SESSION AGENDA December 17, 2019 Agenda Item Number: 3 K Item Title: Approval of Award of Construction Contract to McLeran Well Drilling, LLC For Well Reconstruction - Phase 2 Well lining project for a Not - To -Exceed Amount of $124,900.00 Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 3.K . Presenter: Estimated Time f or P resentation: 0 Title of I tem - Approval and Award of Construction C ontract to M cL eran Well D rilling, L L C for Well 15 Reconstruction – Phase 2 Well L ining project for a Not-To-E xceed Amount of $124,900.00 AT TAC HM E NT S: Description Type Upload D ate Council Memo Cover Memo 12/12/2019 B udget R eport Cover Memo 12/12/2019 Contract C hecklist Cover Memo 12/12/2019 Construction Contract Cover Memo 12/12/2019 Meridian City Council Meeting Agenda December 17, 2019 – Page 355 of 504 Page 1 Memo To: Chris Johnson, City Clerk From: Sandra Ramirez, Buyer CC: Kyle Radek; Keith Watts Date: 12/12/2019 Re: December 17 th City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the December 17 th City Council Consent Agenda for Council’s consideration. Approval and Award of Construction Contract to McLeran Well Drilling, LLC for Well 15 Reconstruction – Phase 2 Well Lining project for a Not-To-Exceed amount of $124,900.00. Recommended Council Action: Approval and Award of Construction Contract to McLeran Well Drilling, LLC for the Not-To-Exceed amount of $124,900.00 as well as authorize Purchasing Manager to sign the Purchase Order for the Not- to-Exceed amount of $124,900.00. Thank you for your consideration. City of Meridian Purchasing Dept. Meridian City Council Meeting Agenda December 17, 2019 – Page 356 of 504 City Of Meridian Detailed Statement of Revenues and Expenditures - Rev and Exp Report - Sandra 3490 - Water Construction Projects 60 - Enterprise Fund From 10/1/2019 Through 9/30/2020 Amendments Budget with Actual Current Year Remaining Budget Remaining Budget Percent of Capital Outlay 96115 WELL 15 10625 Well 15 Reconstruction 0.00 1,125.00 (1,125.00)0.00% 10625.f Well 15 Reconstruction - Phase 2 Design 0.00 9,554.34 (9,554.34)0.00% 10625.g Well 15 Reconstruction - Phase 2 service during construction 0.00 25,280.00 (25,280.00)0.00% 10625.h Well 15 Reconstruction Phase 2 Screen Abandonment 0.00 23,638.00 (23,638.00)0.00% Carr...Carryforward 242,000.04 0.00 242,000.04 100.00% Total Capital Outlay 242,000.04 59,597.34 182,402.70 75.37% TOTAL EXPENDITURES 242,000.04 59,597.34 182,402.70 75.37% Date: 11/27/19 09:40:05 AM Page: 1Meridian City Council Meeting Agenda December 17, 2019 – Page 357 of 504 CONTRACT FOR PUBLIC WORKS CONSTRUCTION WELL 15 RECONSTRUCTION — PHASE 2 WELL LINING PROJECT # 10625.i THIS CONTRACT FOR PUBLIC WORKS CONSTRUCTION is made this day of December , 2019, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and McLeran Well Drilling, LLC , hereinafter referred to as "CONTRACTOR", whose business address is 1204 Center Ave. Payette, ID 83661 and whose Public Works Contractor License # is C- 16556 . INTRODUCTION Whereas, the City has a need for services involving WELL 15 RECONSTRUCTION — PHASE 2 WELL LINING; and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Contract and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a royalty -free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. WELL 15 RECONSTRUCTION PHASE 2 WELL LINING page 1 of 14 Project 10625.1 1.4 Services and work provided by the Contractor at the City's request underthis Agreementwill be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Contractor shall be compensated on a Not-To-Exceed basis as provided in Exhibit B "Payment Schedule" attached hereto and by reference made a part hereof for the Not-To-Exceed amount of $124.900.00. 2.2 The Contractor shall provide the City with a monthly statement and supporting invoices, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement including, but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance beneflts, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. WELL 15 RECONSTRUCTION PHASE 2 WELL LINING Project 10625.i page2 ot 14 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Contractor represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no otherwarranties, either express or implied, as part of this Agreement. Meridian City Council Meeting Agenda December 17, 2019 – Page 359 of 504 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) or unless sooner terminated as provided in Sections 3.2, 3.3, and Section 4 below or unless some other method or time of termination is listed in Exhibit A. 3.2 Should Contractordefault in the performance of thisAgreementormaterially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. 3.3 Should City fail to pay Contractor all or any part of the compensation setforth in Exhibit B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 4. Liquidated Damages: Substantial Completion shall be accomplished within 45 (forty-five) calendar days from Notice to Proceed. This project shall be considered Substantially Complete when the Owner has full and unrestricted use and benefit of the facilities, both from an operational and safety standpoint, and only minor incidental work, corrections or repairs remain forthe physicalcompletion of the totalcontract. Contractorshallbe liable to the City for any delay beyond this time period in the amount of $100.00 (one hundred dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. Upon receipt of a Notice to Proceed, the Contractor shall have 60 (sixty) calendar days to complete the work as described herein. Contractor shall be liable to the City for any delay beyond this time period in the amount of $100.00 (three hundred dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. See Milestones listed in the PaymentSchedule for Substantial Completion. 5. Termination: 5.1 lf, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this WELL 15 RECONSTRUCTION PHASE 2 WELL LINING Project 10625.i page 3 of 14 Meridian City Council Meeting Agenda December 17, 2019 – Page 360 of 504 Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. ln the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. 5.2 Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 6. lndependent Contractor: 6.1 ln all matters pertaining to this agreement, CONTRACTOR shallbe acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Exhibit A, Contractor has no authori$ or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 6.2 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. 6.3 Contractorshalldetermine the method, details and means of performing the work and services to be provided by Contractor underthis Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. lf in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. WELL 15 RECONSTRUCTION PHASE 2 WELL LINING Project 10625.i page 4 o'f 14 Meridian City Council Meeting Agenda December 17, 2019 – Page 361 of 504 7. Sub-Contractors: Contractor shall require that all of its sub-contractors be licensed per State of ldaho Statute # 54-1901 8. Removal of Unsatisfactory Employees: The Contractor shall only furnish employees who are competent and skilled forwork under this contract. lf, in the opinion of the City, an employee of the Contractor is incompetent or disorderly, refuses to perform in accordance with the terms and conditions of the contract, threatens or uses abusive language while on City property, or is otherwise unsatisfactory, that employee shall be removed from all work under this contract. 9. lndemnification and lnsurance: 9.1 CONTRACTOR shall indemnify and save and hold harmless CITY and it's elected officials, officers, employees, agents, and volunteers from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees. CONTRACTOR shall maintain. and specifically aqrees that it will maintain. throuqhout the term of this Aoreement. liabilitv insurance. in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability lnsurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation lnsurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible propefi, inctuding use of. CONTRACTOR shall provide CITY with a Certificate of lnsuranie, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Contractor begins performance of it's obligations under this Agreement. ln the event the insurance minimums are chaiged, CONTRACTOR shall immediately submit proof of compliance with the WELL 15 RECONSTRUCTION PHASE 2 WELL LINING Project 10625.i page 5 of 14 Meridian City Council Meeting Agenda December 17, 2019 – Page 362 of 504 changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, ldaho 83642. 9.2 lnsurance is to be placed with an ldaho admitted insurerwith a Best's rating of no less than A-. 9.3 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. 9.4 To the extent of the indemnity in this contract, Contractor's lnsurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City orthe City's elected officers, otficials, employees and volunteers shallbe excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. 9.5 The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 9.6 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 9.7 The limits of insurance described herein shall not limit the liability of the Contractor and Contractods agents, representatives, employees or subcontractors. 10. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 11. Bonds: payment and Performance Bonds are required on all Public Works lmprovement eidiects per the ISPWC and the City of Meridian Supplemental Specifications & Drawings to the ISPWC, which by this reference are made a part hereof' Contiiitor is required to furnish faithfut performance and payment bonds in the amount of 100% of the contract price issued by surety licensed to do business in WELL 15 RECONSTRUCTION PHASE 2 WELL LINING Project'10625.i page 6 of 14 Meridian City Council Meeting Agenda December 17, 2019 – Page 363 of 504 the State of ldaho with a Best's rating of no less than A-. ln the event that the contract is subsequently terminated for failure to perform, the contractor and/or surety will be liable and assessed for any and all costs for the re-procurement of the contract services. 12. Warranty: All construction and equipment provided under this agreement shall be warranted for 2 years from the date of the City of Meridian acceptance per the ISPWC and the Meridian Supplemental Specifications & Drawings to the ISPWC and any modifications, which by this reference are made a part hereof. All items found to be defective during a warranty inspection and subsequently corrected will require an additional two (2) year warranty from the date of City's acceptance of the corrected work. 13. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 14. Taxes: The City of Meridian is exempt from Federal and State taxes and will execute the required exemption certificates for items purchased and used by the City. ltems purchased by the City and used by a contractor are subject to Use Tax. All other taxes are the responsibility of the Contractor and are to be included in the Contractor's Bid pricing. 15. Meridian StormwaterSpecifications: All construction projects require either a Storm Water Pollution Prevention Plan (SWPPP) or an erosion sediment control plan (ESCP) as specifled in the City of Meridian Construction Stormwater Management Program (CSWMP) manual. The CSWMP manual containing the procedures and guidelines can be found at this add ress: htto : //www. merid ian citv. orq/e nviro n mental. asox?id= 1 36 1 8. Contractor shall retain all stormwater and erosion control documentation generated on site during construction including the SWPPP manual, field inspections and amendments. Prior to final acceptance of the job by the City the contractor shall return the field SWPPP manual and field inspection documents to the City for review. A completed Contractor Request to File Project N.O.T. with the EPA form WELL 15 RECONSTRUCTION PHASE 2 WELL LINING Project 10625.i pageT ot 14 Meridian City Council Meeting Agenda December 17, 2019 – Page 364 of 504 shall be provided to the City with the documents. These documents shall be retained, reviewed and approved by the City prior to final acceptance of the project. 16. ACHD: Contractor shall be responsible for coordinating with the City to obtain appropriate ACHD permit(s) and will reimburse the City for fees, fines, or penalties City incurs due to Contractols violation of any ACHD policy. City shall certify to ACHD that Contractor is authorized to obtain a Temporary Highway and Right-of-Way Use Permit from ACHD on City's behalf. The parties acknowledge and agree that the scope of the agency granted by such certification is limited to, and conterminous with, the term and scope of this Agreement. 17.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 17.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 18. Audits and lnspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 19. Publication, Reproduction and Use of Material No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. WELL 15 RECONSTRUCTION PHASE 2 WELL LINING Project 10625.i page 8 of 14 17. Reports and lnformation: Meridian City Council Meeting Agenda December 17, 2019 – Page 365 of 504 20. Equal Employment Opportunity: ln performing the work herein, Contractor agrees to comply with the provisions of Title Vl and Vll of the Civil Rights Act, Revenue Sharing Act Title 31, U.S. Code Section 2176. Specifically, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. Contractor will take affirmative action during employment or training to insure that employees are treated without regard to race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. ln performing the Work required herein, CONTRACTOR shall not unlavvfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 21. Employment of Bona Fide ldaho Residents: Contractor must comply with ldaho State Statute 44-1002 which states that the Contractor employ ninety-five percent (95%) bona fide ldaho residents. 22. Advice of Attorney: Each pafi warrants and represents that in executing this Agreement. lt has received independent legal advice from its attorney's or the opportunity to seek such advice. 23. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys'fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 24. ConstructionandSeverability: lf any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 25. Waiver of Default: Waiver of default by either pafi to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall WELL 15 RECONSTRUCTION PHASE 2 WELL LINING Prolect 10625.i Page 9 of 14 Meridian City Council Meeting Agenda December 17, 2019 – Page 366 of 504 not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 26. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 27. Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 28. Payment Request: Payment requests shall be submitted to City of Meridian through the City's project management software. The Project Manager will compare the invoice against the Payment Schedule in the Agreement for compliance. Upon approval that the work has been done and is in compliance with the Agreement, the Project Manager will approve the pay request for processing. City of Meridian payment terms are Net 30 from the date City receives a correct invoice. Final payment will not be released until the City has received a tax release from the Tax Commission. Retainage of five percent (5o/o) of the current contract value will be withheld from the final pay application(s) until final completion has been met and releases from both the ldaho Tax Commission and Surety have been received by the City. 29. Cleanup: Contractor shall keep the worksite clean and free from debris. At completion of work and prior to requesting final inspection, the Contractor shall remove all traces of waste materials and debris resulting from the work. Final payment will not be made if cleanup has not been performed. 30. Order of Precedence: The order or precedence shall be the contract agreement, the lnvitation for Bid document, then the winning bidders submitted bid document. 31. Compliance with Laws: ln performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. WELL 15 RECONSTRUCTION PHASE 2 WELL LINING page 10 of 14 Project 10625.i Meridian City Council Meeting Agenda December 17, 2019 – Page 367 of 504 32. 33 Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of ldaho, and the ordinances of the City of Meridian. Notices: Any and all notices required to be given by either of the parties hereto, unless otheruvise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: ctw City of Meridian Purchasing Manager 33 E Broadway Ave Meridian, lD 83642 208489-0417 CONTRACTOR Mcleran Well Drilling, LLC Attn: David Mcleran 1204 Center Ave. Payette, lD 83661 Phone: 208-941-2587 Email: dmcleran@q.com ldaho Public Works License #16556 Either pafi may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 34. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN PURCHASING DEPARTMENT MCLERAN WELL DRILLING, LLC L/,2KEITH WATTS, Purchasing Manager Dated:Dated ,,/z-lo-l? Project Manager Kvle Radek WELL 15 RECONSTRUCTION PHASE 2 WELL LINING Prolect 10625.i page11of14 Meridian City Council Meeting Agenda December 17, 2019 – Page 368 of 504 EXHIBIT A SCOPE OF WORK REFER TO INVITATION TO BID PW-2002.10625.i ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the lnvitation to Bid Package # PW-2002-1O625.!, are by this reference made a part hereof. SPEGIFICATIONS / SCOPE OF WORK All construction work shall be done in accordance with the current version of the ldaho Standards for Public Works Construction (ISPWC), the 2013 City of Meidian Supplemental Specifications to the ISPWC (and any Addendums). See separate attached documents: Design Standards by City of Meridian dated March 2019 toe pages) Drawings / Plans by Hydro Logic, lnc. dated 2019 (5 pases) Technical Specifications dated 913012019 (t+ pages) WELL 15 RECONSTRUCTION PHASE 2 WELL LINING Project 10625.i a a a page 12 of 14 Meridian City Council Meeting Agenda December 17, 2019 – Page 369 of 504 WELL 15 RECONSTRUCTION PHASE 2 WELL LINING Project 10625.i page 13 of 14 Meridian City Council Meeting Agenda December 17, 2019 – Page 370 of 504 Exhibit B MILESTONE / PAYMENT SCHEDULE Total and complete compensation for this Agreement shall not exceed $124,900.00. A. WELL 15 RECONSTRUCTION PHASE 2 WELL LINING Prolect 10625.i MILESTONE DATES/SCHEDULE Milestone 1 Substantial Completion 45 Days from Notice to Proceed Milestone 2 Final Completion 60 Days from Notice to Proceed PRICING SCHEDULE Contract includes furnishing all labor, materials, equipment, and incidentals as required for the WELL 15 RECONSTRUCTION - PHASE 2 WELL LINING per IFB PW-2202-10625.i NOT TO EXCEED CONTRACT TOTAL.s124.900.00 Gontract is a not to exceed amount. Line item pricing below will be used for invoice verification and any additional increases or decreases in work rcquested by city. The City will pay the contractor based on actual quantities of each item of work in accordance with the contract documents. Contract Pricing Schedule Item No.Description Quantitv Unit Unit Price 1 Mobilization 1 LS $2.500.00 2 10" Telescope#304 S.S. Screens 96 LF $16,320.00 3 10" Telescope-TO-10" Pipe #304 S.S. Packer Assemblv 1 EA $2,000.00 4 10" Telescooe #304 S.S. Pipe 3 LF $750.00 5 14-TO-9.5" #304 S.S. Packer-Reducer Assembly 1 EA $3,900.00 b 1 4-T O-12" #304 S.S. Packer-Reducer Assembly 1 EA $3,460.00 7 14" #304 S.S. Casinq 440 LF $91,520.00 8 16-T0-14" #304 S.S. Rino 1 EA $700.00 I Owner Requested Site Work with Rig (2 man crew)10 HR $2,500.00 10 Owner Requested Site Work without Rig (2 man crew)5 HR $1,250.00 page 14 of 14 Meridian City Council Meeting Agenda December 17, 2019 – Page 371 of 504 EIDIANI DAHO ,?-- CITY COUNCIL WORK SESSION AGENDA December 17, 2019 Agenda Item Number: 3 L Item Title: Approval and Award of Bid and Agreement to Cougar Excavation For Water and Sewer Main Replacement - W. Pine Meridian to NW 3rd St Project for a Not -to Exceed amount of $359,860.00 Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 3.L . Presenter: Estimated Time f or P resentation: 0 Title of I tem - Approval of Award of B id and Agreement to C ougar E xcavation for Water & Sewer M ain Replacement – W P ine, M eridian to NW 3rd St. project for a Not-To-Exceed amount of $359,860.00. AT TAC HM E NT S: Description Type Upload D ate Council Memo Cover Memo 12/12/2019 P ublic Works P roject Memo Cover Memo 12/12/2019 B udget R eport Cover Memo 12/12/2019 B id Results Cover Memo 12/12/2019 Contract C hecklist Cover Memo 12/12/2019 Construction Contract Cover Memo 12/12/2019 Meridian City Council Meeting Agenda December 17, 2019 – Page 372 of 504 Page 1 Memo To: Chris Johnson, City Clerk From: Sandra Ramirez, Buyer CC: Jared Hale; Keith Watts Date: 12/12/2019 Re: December 17 th City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the December 17 th City Council Consent Agenda for Council’s consideration. Approval of Award of Bid and Agreement to Cougar Excavation for Water & Sewer Main Replacement – W Pine, Meridian to NW 3 rd St. project for a Not-To-Exceed amount of $359,860.00. Recommended Council Action: Approval and Award of Bid and Agreement to Cougar Excavation for the Not-To-Exceed amount of $359,860.00 as well as authorize Purchasing Manager to sign the Purchase Order for the Not-to- Exceed amount of $359,860.00. Thank you for your consideration. City of Meridian Purchasing Dept. Meridian City Council Meeting Agenda December 17, 2019 – Page 373 of 504 E DI Public !DAHO Works Department Moyor Tommy de Weerd C:lly Gcrncll tcmbcrr Treg Bernt loe Borton Luhe Cquener Genesir Milqm Anne Little Roberts Ty Polmer TO Keith Watts, Purchasing Manager Jared Hale, Engineering Project Manager December 9,2019 CONSTRUCTION CONTRACT WITH COUGAR EXCAVATION FOR THE WATER AND SEWER MAIN REPLACEMENT PROJECT _ WEST PINE AVENUE, MERIDIAN RD TO NW3RD STREET FOR A NOT-TO- EXCEED AMOUNT OF $359,860.00. FROM: DATE: SUBJECT: I. DEPARTMENT CONTACT PERSONS Jared Hale, Engineering Project Manager Clint Dolsby, Assistant City Engineer Warren Stewart, City Engineer Dale Bolthouse, Public Works Director II. DESCRIPTION B. 208-489-0370 208-489-0341 208-489-0350 208-985-1257 A.Background The Public Works Department has budgeted for the replacement of aging water lines and sewer mains throughout the City. A priority schedule has been completed based on pipe material, size, age, and need. The existing water main on Pine Avenue from Meridian Road to NW. 3'd Street is severly undersized and is constructed of old piping that is prone to breaks and leaks. The existing sewer main in the area is some of the oldest in the City and is in disrepair. Proposed Proj ect Description This construction contract is needed to replace approximately 1,000 feet of an existing 4 inch water main and install an 8 inch sewer main240 feet in Pine Avenue. The sewer main installation is the second phase of a larger sewer main replacement effort. The installation of this segment of sewer main will make it possible to replace older sewer lines in the area with future projects. Page I of2Meridian City Council Meeting Agenda December 17, 2019 – Page 374 of 504 [I. IMPACT A.Fiscal Impacts Project Costs: Fiscal Year 2020 Construction Contract Total $359,860.00 $359,860.00 s359,860.00TotalCost Project Funding Fiscal Year 2020 Account Code / Codes 3490-9s000Water Wastewater 3590-95000 $104,464.00 IV Total $359,860:00 TIME CONTSRAINTS There are two time contstraints on this project. A portion of the sewer main will be crossing the Hunter Lateral and will need to be completed before March 15,2020, per our agreement with Nampa-Meridian Irrigation District. The second constraint is ACHD will be overlaying West Pine Avenue from Meridian Road to Linder Road in the Spring/Summer of 2020. There will be a five-year moritorium after their project is complete, so we are working with them to have our done before they start. Departmental Approval: Page 2 of 2 $255,396.00 Meridian City Council Meeting Agenda December 17, 2019 – Page 375 of 504 City Of Meridian Detailed Statement of Revenues and Expenditures - Rev and Exp Report - Sandra 3490 - Water Construction Projects 60 - Enterprise Fund From 10/1/2019 Through 9/30/2020 Amendments Budget with Actual Current Year Remaining Budget Remaining Budget Percent of Capital Outlay 95000 Service Line/Main Replacement 740,000.04 0.00 740,000.04 100.00% Carr...Carryforward 468,872.04 0.00 468,872.04 100.00% Total Capital Outlay 1,208,872.08 0.00 1,208,872.08 100.00% TOTAL EXPENDITURES 1,208,872.08 0.00 1,208,872.08 100.00% Date: 11/5/19 12:36:46 PM Page: 1Meridian City Council Meeting Agenda December 17, 2019 – Page 376 of 504 City Of Meridian Detailed Statement of Revenues and Expenditures - Rev and Exp Report - Sandra 3590 - WW Construction Projects 60 - Enterprise Fund From 10/1/2019 Through 9/30/2020 Amendments Budget with Actual Current Year Remaining Budget Remaining Budget Percent of Capital Outlay 95000 Service Line/Main Replacement 1,350,000.00 0.00 1,350,000.00 100.00% 10916 FY18 Point Repairs - Various Locations 0.00 (12.00)12.00 0.00% Carr...Carryforward 1,116,944.04 0.00 1,116,944.04 100.00% Total Capital Outlay 2,466,944.04 (12.00)2,466,956.04 100.00% TOTAL EXPENDITURES 2,466,944.04 (12.00)2,466,956.04 100.00% Date: 11/5/19 12:37:19 PM Page: 1Meridian City Council Meeting Agenda December 17, 2019 – Page 377 of 504 BI D R E S U L T S S i g n e d B i d B o n d L i c # S u b s X X X X X X X X At t e s t : J a r e d H a l e DU E D A T E & T I M E : D E C E M B E R 2 , 2 0 1 9 2 : 3 0 BI D N U M B E R : P W - 2 0 0 5 - 1 0 7 0 8 . b BI D N A M E : W A T E R & S E W E R M A I N R E P . W . P I N E - M E R I D I A N R D T O N W 3 R D BI D A M O U N T $4 4 7 , 1 2 0 . 9 9 $3 5 9 , 8 6 0 . 0 0 Op e n e d b y : K a r e n W o o d d e l l VE N D O R Bl u e S k y C o n s t r u c t i o n Co u g a r E x c a v a t i o n Me r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a D e c e m b e r 1 7 , 2 0 1 9 – P a g e 3 7 8 o f 5 0 4 CONTRACT FOR PUBLIC WORKS CONSTRUCTION Water & Sewer Main Replacement - W Pine, Meridian to NW 3'd Street PROJECT # 10708.b THIS CONTRACT FOR PUBLIC WORKS CONSTRUCTION is made this 17m day of December, 2019, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of ldaho, hereinafter referred to as "C|TY", 33 East Broadway Avenue, Meridian, ldaho 83642, and Couoar Excavation, hereinafter referred to as "CONTRACTOR", whose business address is PO Box 1306. Meridian. lD 83680 and whose Public Works Contractor License # is C-l6438. INTRODUCTION Whereas, the City has a need for services involving Water & Sewer Main Replacement - W Pine, Meridian to NW 3'd Street; and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Contract and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor;provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. !f any such work is copyrightable, the Contractor may copyright the same, except that, as to anyworkwhich is copyrighted bythe Contractor, the City reserves a royalty{ree, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. Water & Sewer Main Replacement - W Pine, Meridian to NW 3rd Street Project 10708.b page 1 of 15 Meridian City Council Meeting Agenda December 17, 2019 – Page 379 of 504 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Contractor represents and wanants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor underthis Agreement, Contractor makes no otherwarranties, either express or implied, as part of this Agreement. 1 .4 Services and work provided by the Contractor at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutualwritten consent of the parties. 2. Consideration 2.1 The Contractor shall be compensated on a Not-To-Exceed basis as provided in Exhibit B "Payment Schedule" attached hereto and by reference made a part hereof for the Not-To-Exceed amount of $359.860.00. 2.2 The Contractor shall provide the City with a monthly statement and supporting invoices, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement including, but not !imited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Term: 3.1 This agreement shal! become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) or unless sooner Water & Sewer Main Replacement - W Pine, Meridian to NW 3rd Street Project 10708.b page 2 of 15 Meridian City Council Meeting Agenda December 17, 2019 – Page 381 of 504 terminated as provided in Sections 3.2, 3.3, and Section 4 below or unless some other method or time of termination is listed in Exhibit A. 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. 3.3 Should City fail to pay Contractor all or any part of the compensation set forth in Exhibit B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 4. Liquidated Damages: Hunter Lateral Sewer Main Crossing to be completed by March 15, 2020. Contractor shall be liable to the City for any delay beyond this time period in the amount of $300.00 (three hundred dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. Substantial Completion shall be accomplished within 55 (number of days spelled out) calendar days from Notice to Proceed. This project shall be considered Substantially Complete when the Owner has full and unrestricted use and benefit of the facilities, both from an operational and safety standpoint, and only minor incidental work, corrections or repairs remain for the physical completion of the totalcontract. Contractor shall be liable to the City for any delay beyond this time period in the amount of $300.00 (three hundred dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. Upon receipt of a Notice to Proceed, the Contractor shall have 85 (number of days spelled out) calendar days to complete the work as described herein. Contractor shall be liable to the City for any delay beyond this time period in the amount of $300.00 (three hundred dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. See Milestones listed in the Payment Schedule for Substantial Completion. 5. Termination: 5.1 If, through anycause, CONTRACTOR, its officers, employees, oragentsfails to fulfill in a timely and proper manner its obligations underthis Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this Water & Sewer Main Replacement - W Pine, Meridian to NW 3'd Street Project 10708.b page 3 of 15 Meridian City Council Meeting Agenda December 17, 2019 – Page 383 of 504 contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shallthereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. ln the event of any termination of this Agreement, al! finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the Clry, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfaclorily complete hereunder. 5.2 Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR, and the GITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 6. lndependent Contractor: 6.1 ln all matters pertaining to this agreement, CONTRACTOR sha!! be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Exhibit A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 6.2 Contractor, its agents, officers, and employees are and at alltimes during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. 6.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shal! be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's contro! with respect to the physical action or activities of Contractor in fulfillment of this Agreement. lf in the performance of this Agreement any third persons are employed by Contractor, such persons shallbe entirely and exclusively under the direction and supervision and control of the Contractor. Water & Sewer Main Replacement - W Pine, Meridian to NW 3d Street Project 10708.b page 4 of 15 Meridian City Council Meeting Agenda December 17, 2019 – Page 385 of 504 7. Sub-Contractors Contractor shall require that all of its sub-contractors be licensed per State of ldaho Statute # 54-1901 8. Removal of Unsatisfactory Employees: The Contractor shall only furnish employees who are competent and skilled for work under this contract. If, in the opinion of the City, an employee of the Contractor is incompetent or disorderly, refuses to perform in accordance with the terms and conditions of the contract, threatens or uses abusive language while on City property, or is otherwise unsatisfactory, that employee shal! be removed from all work under this contract. 9. lndemnification and lnsurance: 9.1 CONTRACTOR shall indemnify and save and hold harmless CITY and it's elected officials, officers, employees, agents, and volunteers from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees. CONTRACTOR shall maintain. and specifically aorees that it will maintain. throughout the term of this Agreement. liability insurance. in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability lnsurance One Million Dollars ($1 ,000,000) per incident or occurrence and Workers' Compensation lnsurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage ordestruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITY with a Certificate of lnsurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Contractor begins performance of it's obligations under this Agreement. ln the event the insurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance with the Water & Sewer Main Replacement - W Pine, Meridian to NW 3rd Street Project 10708.b page 5 of 15 Meridian City Council Meeting Agenda December 17, 2019 – Page 386 of 504 changed limits. Evidence of all insurance shal! be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, ldaho 83642. 9.2 lnsurance is to be placed with an ldaho admitted insurer with a Best's rating of no less than A-. 9.3 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. 9.4 To the extent of the indemnity in this contract, Contractor's lnsurance coverage shallbe primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. 9.5 The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 9.6 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 9.7 The limits of insurance described herein shall not limit the liability of the Co ntractor and Co ntractor's agents, represe ntatives, employees or su bcontractors. 10. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 11. Bonds: Payment and Performance Bonds are required on all Public Works lmprovement Projects per the ISPWC and the City of Meridian Supplemental Specifications & Drawings to the ISPWC, which by this reference are made a part hereof. Contractor is required to furnish faithful performance and payment bonds in the amount of 100% of the contract price issued by surety licensed to do business in the State of ldaho with a Best's rating of no less than A-. ln the event that the Water & Sewer Main Replacement - W Pine, Meridian to NW 3rd Sfeet page 6 of 15 Project 10708.b Meridian City Council Meeting Agenda December 17, 2019 – Page 388 of 504 contract is subsequently terminated for failure to perform, the contractor and/or surety will be liable and assessed for any and all costs for the re-procurement of the contract services. 12. Warranty: All construction and equipment provided under this agreement shall be warranted for 2 years from the date of the City of Meridian acceptance per the ISPWC and the Meridian Supplemental Specifications & Drawings to the ISPWC and any modifications, which by this reference are made a part hereof. All items found to be defective during a warranty inspection and subsequently corrected will require an additional two 12) year warranty from the date of City's acceptance of the corrected work. 13. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 14. Taxes: The City of Meridian is exempt from Federal and State taxes and will execute the required exemption certificates for items purchased and used by the City. ltems purchased by the City and used by a contractor are subject to Use Tax. All other taxes are the responsibility of the Contractor and are to be included in the Contractor's Bid pricing. 15. MeridianStormwaterSpecifications: All construction projects require either a Storm Water Pollution Prevention Plan (SWPPP) or an erosion sediment control plan (ESCP) as specified in the City of Meridian Construction Stormwater Management Program (CSWMP) manual. The CSWMP manual containing the procedures and guidelines can be found at this add ress : http ://www. merid iancitv. o rqlenvi ro n m e ntal. aspx?id= 1 36 1 8. Contractor shall retain all stormwater and erosion control documentation generated on site during construction including the SWPPP manual, field inspections and amendments. Prior to final acceptance of the job by the City the contractor shall return the field SWPPP manual and field inspection documents to the City for review. A completed Contractor Request to File Project N.O.T. with the EPA form Water & Sewer Main Replacement - W Pine, Meridian to NW 3rd Street Project 10708.b page 7 of 15 Meridian City Council Meeting Agenda December 17, 2019 – Page 390 of 504 shall be provided to the City with the documents. These documents shall be retained, reviewed and approved by the City prior to final acceptance of the project. 16. ACHD: Contractor shall be responsible for coordinating with the City to obtain appropriate ACHD permit(s) and will reimburse the City for fees, fines, or penalties City incurs due to Contractor's violation of any ACHD policy. City shall certify to ACHD that Contractor is authorized to obtain a Temporary Highway and Right-otWay Use Permit from ACHD on City's behalf. The parties acknowledge and agree that the scope of the agency granted by such certification is limited to, and conterminous with, the term and scope of this Agreement. 17. Reports and Information: 17.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 17.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance ol this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographicand every other means of recording upon any tangible thing, any form of communication or representation including Ietters, words, pictures, sounds or symbols or any combination thereof. 18. Audits and lnspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 19. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. Water & Sewer Main Replacement - W Pine, Meridian to NW 3'd Street Project 10708.b page 8 of 15 Meridian City Council Meeting Agenda December 17, 2019 – Page 391 of 504 20. Equal Employment Opportunity: ln performing the work herein, Contractor agrees to comply with the provisions of Title Vl and Vll of the Civil Rights Act, Revenue Sharing Act Title 31, U.S. Code Section 2176. Specifically, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. Contractor will take affirmative action during employment or training to insure that employees are treated without regard to race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. ln performing the Work required herein, CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 21. Employment ol Bona Fide ldaho Residents: Contractor must comply with ldaho State Statute 44-1002 which states that the Contractor employ ninety-five percent (95%) bona fide ldaho residents. 22. Advice of Attorney: Each party warrants and represents that in executing this Agreement. lt has received independent legaladvice from its attorney's orthe opportunityto seeksuch advice. 23. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys'fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shallsurvive any default, termination orforfeiture of this Agreement. 24, ConstructionandSeverability: lf any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 25. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall Water & Sewer Main Replacement - W Pine, Meridian to NW 3d Street Project 10708.b page 9 of 15 Meridian City Council Meeting Agenda December 17, 2019 – Page 393 of 504 not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 26. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 27. Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTOR shal! not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 28. Payment Request: Payment requests shall be submitted to City of Meridian through the City's project management software. The Project Manager will compare the invoice against the Payment Schedule in the Agreement for compliance. Upon approvalthat the work has been done and is in compliance with the Agreement, the Project Manager will approve the pay request for processing. City of Meridian payment terms are Net 30 from the date City receives a correct invoice. Final payment will not be released until the City has received a tax release from the Tax Commission. Retainage of five percent (5%) of the current contract value will be withheld from the final pay application(s) until final completion has been met and releases from both the ldaho Tax Commission and Surety have been received by the City. 29. Cleanup: Gontractor shall keep the worksite clean and free from debris. At completion of work and prior to requesting final inspection, the Contractor shall remove all traces of waste materials and debris resulting from the work. Final payment will not be made if cleanup has not been performed. 30. Order of Precedence: The order or precedence shall be the contract agreement, the lnvitation for Bid document, then the winning bidders submitted bid document. 31. Compliance with Laws: ln performing the scope of work required hereunder, CONTRACTOR shallcomply with all applicable laws, ordinances, and codes of Federal, State, and local Water & Sewer Main Replacement - W Pine, Meridian to NW 3'd Street Project 10708.b page 10 of 15 Meridian City Council Meeting Agenda December 17, 2019 – Page 395 of 504 governments. 32. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 33. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: CITY CONTRACTOR City of Meridian COUGAR EXCAVATION Purchasing Manager Attn: Colby Buffington 33 E Broadway Ave PO Box 1306 Meridian, ID 83642 Meridian, ID 83680 208-489-0417 Phone: 208-860-4578 Email: colbubuffington@hotmail.com Idaho Public Works License # PWC -C-16438 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 34. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN COUGAL EXCAVATION BY: BY:Gu-�- TAMMY de WEERD, MAYOR COL Y BU IN , OWNER Dated: 12.-11-2_f 19 -Dated: ! 2 Approved by Council Date: 12. 1-1 -.p'o Water & Sewer Main Replacement — W Pine, Meridian to NW 31d Street page 11 of 15 Project 10708.b Na Purchasing Approval BY: KEITH WATTS, Purchasing Manager Dated: D AUGUsr ,y w Chy �a IDAHO SEAL v or�Project Manager Jared Hale Water & Sewer Main Replacement — W Pine, Meridian to NW 31d Street page 12 of 15 Project 10708.b EXHIBIT A SCOPE OF WORK REFER TO INVITATION TO BID PW.2OO5.1O7O8.b ALL ADDENDUMS, AITACHMENTS, AND EXHIBITS included in the lnvitation to Bid Package # PW-2005-10708.b, are by this reference made a part hereof. SPECIFICATIONS / SCOPE OF WORK All construction work shall be done in accordance with the current version of the ldaho Standards for Public Works Construction (ISPWC), the 2013 City of Meridian Supplemental Specifications to the ISPWC (and any Addendums). See separate attached documents: PLANS - Pine Ave Waterline Replacement by Murraysmith dated 10-17-19 1tt otpases) o Water & Sewer Main Replacement - W Pine, Meridian to NW 3d Street Project 10708.b . TECHNICAL SPECIFICATIONS by Murraysmith dated 04- 2018 (98 of pages) page 13 of 15 Meridian City Council Meeting Agenda December 17, 2019 – Page 398 of 504 Exhibit B MILESTONE / PAYMENT SCHEDULE Total and complete compensation for this Agreement shall not exceed $359,860.00. A. Water & Sewer Main Replacement - W Pine, Meridian to NW 3'd Street Project 10708.b Milestone 1 Hunter Lateral Sewer Main Crossinq March 15,202A Milestone 1 Substantial Completion 55 Days from Notice to Proceed Milestone 2 Final Completion 85 Days from Notice to Proceed Contract includes furnishing all labor, materials, equipment, and incidentals as required for the Water & Sewer Main Replacement - W Pine, Meridian to NW 3'd per IFB PW-2005-10708.b NOT TO EXCEED CONTRACT TOTAL.$359360J0 Contract is a not to exceed amount. Line item pricing below witl be used for invoice verification and any additional increases or decreases in work requested by city. The City will pay the contractor based on actual quantities of each ilem o! work in accordance with the contract documents. Item No.Description Quantity Unit Unit Price 1 EXPLORATORY EXCAVATION 12 HR $200.00 2 TYPE P SURFACE RESTORATION (5" asphaltic concrete roadway)1 626 SY $50.00 3 WATER MAIN PIPE - 8" PVC C900 (includes excavation, beddino. oipe. and backfill)950 LF $75.00 4 WATER MAIN FITTING - 8" DI- TEE 2 EA $1,200.00 5 WATER MAIN FITTING - 8" DI- CROSS 1 EA $750.00 6 WATER MAIN FITTING - 8" DI - 45 DEGREE ELBOW 24 EA $s50.00 7 WATER MAIN FITTING - 10"X8" DI- REDUCER 't EA $600.00 8 WATER MAIN FITTING.8"X6" DI- REDUCER 1 EA $500.00 I WATER MAIN FITTING - 8" DI. LONG SLEEVE 3 EA $500.00 10 WATER MAIN FITTING - 1O'DI- LONG SLEEVE 1 EA $700.00 11 WATER MAIN FITTING - 6'DI- LONG SLEEVE 1 EA $400.00 12 VALVE - 8" GATE VALVE (includes valve box)10 EA $1,770.00 13 FIRE HYDRANT ASSEMBLY (includes excavation, bedding, pipe, v4ves, valve boxes, fiftings, and 2 EA $6,200.00 page 14 of 15 MILESTONE DATES/SCHEDULE PRICING SCHEDULE Contract Pricing Schedule Meridian City Council Meeting Agenda December 17, 2019 – Page 399 of 504 backfill) 14 1" WATER SERVICE CONNECTION (includes excavation, bedding, pipe, valves, valve boxes, fittinqs, and backfill)8 EA $5,200.00 15 GBAVITY SEWER PIPE - 8" SDR 35 PVC (includes excavation. beddino. DiDe. and backfill)241 LF $160.00 16 SANITARY SEWER MANHOLE 2 EA $4.800.00 17 Main Line Clean-out-Size 8"1 EA $1.200.00 18 Sewer Service Line - Size 4"2 EA $6,000.00 19 SEDIMENT CONTROL 1 LS $3,600.00 20 CONSTRUCTION TRAFFIC CONTROL 1 LS $28.000.00 21 MOBILIZATION 1 LS $17,000.00 22 Reference and Reset Survey Monument 1 EA $1,200.00 23 TEMPORARY ASPHALT PAVING (only if approved by Citv of Meridian and ACHD in writinq)25 SY $80.00 Water & Sewer Main Replacement - W Pine, Meridian to NW 3rd Street Project 10708.b page 15 of 15 Meridian City Council Meeting Agenda December 17, 2019 – Page 401 of 504 C IDIAN*,----- �wlIZ CITY COUNCIL WORK SESSION AGENDA December 17, 2019 Agenda Item Number: 3 M Item Title: Declaration of Emergency Purchase for the Water Main Repair at Corporate and Progress Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 3.M. Presenter: Consent Estimated Time f or P resentation: 0 Title of I tem - D eclaration of E mergency Purchase for the Water M ain Repair at C orporate and Progress AT TAC HM E NT S: Description Type Upload D ate Council Memo Cover Memo 12/11/2019 emergency declaration reso Resolution 12/13/2019 Meridian City Council Meeting Agenda December 17, 2019 – Page 402 of 504 Page 1 Memo To: Chris Johnson, City Clerk, From: Keith Watts, Procurement Manager CC: Dale Bolthouse, Alex Freitag, Brian Kerr Date: 12/11/2020 Re: December 17 th City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the December 17 th City Council Consent Agenda for Council’s consideration. Declaration of Emergency Purchase for the Water Main Repair at Corporate and Progress. Recommended Council Action: Declaration of an Emergency per Idaho Code 67-2808 and City Purchasing Policy. Thank you for your consideration. City of Meridian Purchasing Dept. Meridian City Council Meeting Agenda December 17, 2019 – Page 403 of 504 CITY OF MERIDIAN RESOLUTION NO. 19-__________ BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS A RESOLUTION DECLARING AN EMERGENCY IN THE PUBLIC INTEREST AND NECESSITY FOLLOWING A WATER MAIN RUPTURE; AUTHORIZING THE IMMEDIATE EXPENDITURE OF PUBLIC MONEY TO SAFEGUARD LIFE, HEALTH AND PROPERTY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on the 18th day of October, 2019, a municipal water main ruptured on near the intersection of Progress Ave and Corporate Drive; and WHEREAS , immediate repair of the municipal water main was necessary to restore water service and rectify the imminent threat to life, health, and property; and WHEREAS, in order to protect the City’s infrastructure and return the infrastructure to its pre- emergency condition, there was an immediate need to hire a contractor without compliance with formal bidding procedures; and WHEREAS , Pursuant to Section 67-2808, Idaho Code, it is deemed necessary by the Council of the City of Meridian to ratify the emergency hiring of the repair contractor and approve the expenditure of funds for the cost of the work undertaken. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1 . That hiring of Black Eagle Construction LLC to perform emergency repairs is hereby ratified. Section 2 . That the expenditure of public money to safeguard the life, health and property of the City of Meridian is hereby authorized in an amount to be presented for approval to the Meridian City Council at a later date. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 17th day of December, 2019. Meridian City Council Meeting Agenda December 17, 2019 – Page 404 of 504 2019. APPROVED by the Mayor of the City of Meridian, Idaho, this 17th day of December, APPROVED: Mayor e Weerd ATTEST: By: By Ad jenn eatherly, Deputy Clerk CEDAHO IDIANIZ'_=- CITY COUNCIL WORK SESSION AGENDA December 17, 2019 Agenda Item Number: 3 N Item Title: Resolution 19-2181: A Resolution of the Mayor and City Council of the City of Meridian Declaring an emergency in the Public Interest and Necessity following a water main rupture: Authorizing the immediate expenditure of public money to safeguard life, health and property. Meeting Notes: 70 I TEM SHEET C ouncil Agenda I tem - 3.N. Presenter: Estimated Time f or P resentation: 0 Title of I tem - Resolution 19-2181: A Resolution Of T he M ayor And City Council Of T he City Of M eridian D eclaring an E mergency in the Public Interest and Necessity F ollowing a Water M ain Rupture; Authorizing the Immediate Expenditure of Public M oney to S afeguard L ife, Health and Property; And P r oviding an E ffective Date AT TAC HM E NT S: Description Type Upload D ate Resolution Resolution 12/13/2019 Meridian City Council Meeting Agenda December 17, 2019 – Page 406 of 504 CITY OF MERIDIAN RESOLUTION NO. 19-2181 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS A RESOLUTION DECLARING AN EMERGENCY IN THE PUBLIC INTEREST AND NECESSITY FOLLOWING A WATER MAIN RUPTURE; AUTHORIZING THE IMMEDIATE EXPENDITURE OF PUBLIC MONEY TO SAFEGUARD LIFE, HEALTH AND PROPERTY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on the 18th day of October, 2019, a municipal water main ruptured on near the intersection of Progress Ave and Corporate Drive; and WHEREAS, immediate repair of the municipal water main was necessary to restore water service and rectify the imminent threat to life, health, and property; and WHEREAS, in order to protect the City’s infrastructure and return the infrastructure to its pre- emergency condition, there was an immediate need to hire a contractor without compliance with formal bidding procedures; and WHEREAS, Pursuant to Section 67-2808, Idaho Code, it is deemed necessary by the Council of the City of Meridian to ratify the emergency hiring of the repair contractor and approve the expenditure of funds for the cost of the work undertaken. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That hiring of Black Eagle Construction LLC to perform emergency repairs is hereby ratified. Section 2. That the expenditure of public money to safeguard the life, health and property of the City of Meridian is hereby authorized in an amount to be presented for approval to the Meridian City Council at a later date. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 17th day of December, 2019. Meridian City Council Meeting Agenda December 17, 2019 – Page 407 of 504 2019. APPROVED by the Mayor of the City of Meridian, Idaho, this 17th day of December, APPROVED: Mayor e Weerd ATTEST: By: By Ad jenn eatherly, Deputy Clerk EIDIAN,*- DAJ CITY COUNCIL WORK SESSION AGENDA December 17, 2019 Agenda Item Number: 3 O Item Title: City of Meridian Employee Benefits Trust - Administrative Services Agreement Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 3.O. Presenter: Estimated Time f or P resentation: 0 Title of I tem - C ity of M eridian E mployee Benefits T rust - Administr ative S ervices Agreement AT TAC HM E NT S: Description Type Upload D ate Cover Memo Cover Memo 12/2/2019 A dministrative S ervices Agreement A greements / C ontracts 12/10/2019 Meridian City Council Meeting Agenda December 17, 2019 – Page 409 of 504 HUMAN RESOURCES DEPARTMENT MEMORANDUM DATE: 12/2/2019 TO: MAYOR DEWEERD AND MEMBERS OF CITY COUNCIL FROM: CHRISTENA BARNEY, HUMAN RESOURCES GENERALIST RE: ADMINISTRATIVE SERVICES AGREEMENT Attached is the City of Meridian Employee Benefits Trust – Administrative Services Agreement. This agreement is between the City of Meridian and the Employee Benefits Trust, which will allow the Human Resources staff of the City to perform the day-to-day operations of the trust. This agreement has been reviewed by both the Trust’s attorney (Kevin West) and the City’s Legal Counsel. Meridian City Council Meeting Agenda December 17, 2019 – Page 410 of 504 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made this 1*day of December, 2019, by and between the City of Meridian Employee Benefits Plan Trust, a Trust organized under the laws of the State of Idaho, hereinafter referred to as "TRUST", with a mailing address of 33 East Broadway Avenue, Meridian, Idaho 83642, and City of Meridian, hereinafter referred to as "CITY OF MERIDIAN", with a mailing address of 33 E. Broadway Ave., Meridian, ID 83642. Scope of Services: CITY OF MERIDIAN shall perform all services, and comply in all respects, as specified in the document titled "Scope of Services" a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 2. Time of Performance: This agreement shall become effective upon execution by both parties, and shall expire on September 30, 2020, unless earlier terminated or extended. 3. Indemnification and Insurance: CITY OF MERIDIAN, to the extent allowed by law, shall indemnify, waive, and hold harmless TRUST, its trustees, servants, agents, employees, guests, and business invitees from and for any and all losses, claims, actions, judgments for damages, liabilities of any nature, or injury to persons or property of any nature whatsoever, known or unknown, actual, contingent, or otherwise, caused or incurred by CITY OF MERIDIAN, its servants, agents, employees, guests, and business invitees arising out of or in any way related to this Agreement. CITY OF MERIDIAN shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, general liability insurance with a single limit per accident or occurrence of not less than $500,000.00, acceptable to TRUST and insuring against any and all liability of the insured with respect to the services performed under this Agreement. CITY OF MERIDIAN shall cause TRUST to be an additional certificate holder on the insurance policy. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless TRUST. In the event TRUST becomes liable for an amount in excess of the insurance limits provided herein, CITY OF MERIDIAN covenants and agrees to indemnify and save and hold harmless TRUST from and for all such losses, claims, actions, or judgments for damages or liability to persons or property. CITY OF MERIDIAN shall also maintain, or cause to be maintained, worker's compensation insurance against liability from claims or workers with respect to and during the period of any work relating to the Scope of Services provided for in this Agreement. City of Meridian Employee Benefits Plan Trust Master Agreement - Page 1 of 6 26840.001\4840-0717-5335vl City of Meridian Employee Benefits Plan Trust Master Agreement - Page 2 of 6 26840.001\4840-0717-5335v1 CITY OF MERIDIAN shall require each contractor and subcontractor employed to perform work relating to the Scope of Services to deliver a certificate of worker’s compensation insurance prior to the commencement of any work relating to the Scope of Services. CITY OF MERIDIAN shall provide TRUST with a Certificate of Insurance, or other proof of insurance evidencing CITY OF MERIDIAN’S compliance with the requirements of this Section 3. In the event insurance minimums under Idaho law are changed, TRUST shall provide written notice of the new insurance minimums to CITY OF MERIDIAN, and CITY OF MERIDIAN shall be required to modify its insurance policies to meet the new insurance minimum obligations. CITY OF MERIDIAN shall submit proof of compliance with the changed limits within five business days of receipt of the written notice from TRUST. Evidence of all insurance shall be submitted to the City Clerk with a copy to City of Meridian, Human Resources, 33 East Broadway Avenue, Suite 308, Meridian, Idaho 83642. 4. Independent Contractor: In all matters pertaining to this agreement, CITY OF MERIDIAN shall be acting as an independent contractor, and neither CITY OF MERIDIAN nor any officer, employee or agent of CITY OF MERIDIAN will be deemed an employee of TRUST. The selection and designation of the personnel of the TRUST in the performance of this agreement shall be made by the TRUST. 5. Presentation Materials: All materials prepared for the purpose of this agreement as well as any and all materials actually used in the presentation of the services contemplated by this agreement shall be the property of the TRUST. 6. Compensation: CITY OF MERIDIAN shall be compensated for professional human resources services as reflected in attached Exhibit “A.” During the term of this agreement, if TRUST and CITY OF MERIDIAN agree in writing that CITY OF MERIDIAN shall perform additional services not currently reflected in Exhibit A, TRUST and CITY OF MERIDIAN shall prepare a new Exhibit A to this Agreement, and the Scope of Services shall be amended accordingly to include those terms the new Exhibit A. 7 Method of Payment: CITY OF MERIDIAN will invoice the TRUST, c/o Human Resources Department at 33 East Broadway Avenue, Meridian, Idaho 83642 directly for all current amounts earned under this Agreement at the end of each month. TRUST will pay all invoices within thirty (30) days after receipt. 8 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 Meridian City Council Meeting Agenda December 17, 2019 – Page 412 of 504 City of Meridian Employee Benefits Plan Trust Master Agreement - Page 3 of 6 26840.001\4840-0717-5335v1 be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City of Meridian Employee Benefits Plan Trust Attn: Human Resources 33 E. Broadway Avenue Meridian, Idaho 83642 CITY OF MERIDIAN 33 E. Broadway Avenue Meridian, Idaho 83642 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 9. Attorney Fees: Should any litigation be commenced between the parties hereto relating to this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to costs and reasonable attorneys' fees, including the same with respect to an appeal. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 10. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 11. Assignment: It is expressly agreed and understood by the parties hereto, that CITY OF MERIDIAN shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of TRUST. 12. Discrimination Prohibited: In performing the Services required herein, CITY OF MERIDIAN shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 13. Reports and Information: At such times and in such forms as TRUST may require, there shall be furnished to TRUST such statements, records, reports, data and information as TRUST may request pertaining to matters covered by this Agreement. 14. Audits and Inspections: At any time during normal business hours and as often as TRUST may deem necessary, CITY OF MERIDIAN shall Meridian City Council Meeting Agenda December 17, 2019 – Page 413 of 504 City of Meridian Employee Benefits Plan Trust Master Agreement - Page 4 of 6 26840.001\4840-0717-5335v1 make all records relating to matters in this Agreement available to TRUST for examination, audit, and copying. CITY OF MERIDIAN shall permit TRUST to audit, examine, and make excerpts or transcripts from such records, and to make audits and copies of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 15. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. TRUST shall have sole and unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 16. Compliance with Laws: In performing the scope of services required hereunder, CITY OF MERIDIAN shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 17. Changes: The TRUST may, from time to time, request changes in the Scope of Services to be performed hereunder. Such changes, including any increase or decrease in the amount of CITY OF MERIDIAN’s compensation, which are mutually agreed upon by and between the TRUST and CITY OF MERIDIAN, shall be incorporated in written amendments to this Agreement. 18. Termination: If, through any cause, CITY OF MERIDIAN, 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 TRUST determines that termination of this Agreement is in the best interest of TRUST, TRUST shall have the right to terminate this Agreement by giving written notice to CITY OF MERIDIAN of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CITY OF MERIDIAN may terminate this agreement at any time by giving at least thirty (30) days’ written notice to TRUST. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CITY OF MERIDIAN under this Agreement shall, at the option of TRUST, become the property of TRUST. The CITY OF MERIDIAN shall be entitled to receive reasonable compensation for any work satisfactorily completed hereunder as referenced in Exhibit A, Scope of Services. Meridian City Council Meeting Agenda December 17, 2019 – Page 414 of 504 In the event this Agreement is terminated by either party, CITY OF MERIDIAN shall not be relieved of liability to TRUST under this Agreement. This provision shall survive the termination of this agreement and shall not relieve CITY OF MERIDIAN of its liability to TRUST for damages. The money, if any, collected or retained by TRUST under this paragraph does not in any way limit TRUST'S ability to collect whatever further damages it may be entitled to, including additional monetary damages or temporary or permanent injunctive relief. 19. 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. 20. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 21. Governing 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. The parties irrevocably submit to the jurisdiction of the state or federal courts in the State of Idaho, County of Ada, for any action or proceeding regarding this Agreement. 22. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN Tammy de Weerd Mayor EMPLOYEE BENEFITS TRUST PLAN BY: Christena Barney, Trustee City of Meridian Employee Benefits Plan Trust Master Agreement - Page 5 of 6 26840.001\4840-0717-5335v1 City of Meridian Employee Benefits Plan Trust Master Agreement - Page 6 of 6 26840.001\4840-0717-5335v1 Exhibit A SCOPE OF SERVICES The City of Meridian will provide services as set forth below for City of Meridian Employee Benefits Plan Trust: RESPONSIBILITIES: I. Human Resources Director, will oversee the plan trust in its entirety. II. Senior Human Resources Generalist, will oversee day to day operations and assist as necessary with all functions listed below. III. Human Resources Benefits Specialist, will process weekly claims file, reconcile monthly billing, assist with open enrollment and communications, perform plan eligibility audits, liaison between City and third party administrators, process paperwork to benefit carriers, and provide day to day customer service. COMPENSATION Any compensation due to CITY OF MERIDIAN shall be paid by TRUST at the following rates: Human Resources Director $76.00 per hour Senior Human Resources Generalist $40.40 per hour Human Resources Benefits Specialist $35.56 per hour Meridian City Council Meeting Agenda December 17, 2019 – Page 416 of 504 CITY OF MERIDIAN (31302) Discovery Benefits- a01— ADMINISTRATIVE enefitsa 1— ADMINISTRATIVE SERVICES APPLICATION CITY OF MERIDIAN ("Employer's hereby requests the administrative services indicated below (the "Services' from Discovery Benefits, LLC ("DBI'. If not signed below prior to the date the Services commence, Employer's consent to the terms and conditions set forth in the attached agreements ("the Agreement') will be presumed and deemed to have been obtained upon submission of Employer data through the DBI portal, the DBI design guide or any other DBI authorized format. N/A Arrears Billing N/A COBRA N/A Direct Billing N/A Education Assistance Program X Health Savings Account N/A Premium Conversion Plan N/A Reimbursement Account N/A Non -Discrimination Testing Only / Discovery TestsTM Subscription N/A HIPAA Business Associate (acknowledged by the Employer as the sponsor on behalf of and as a representative of the group health plan or plans) SIGNATURE The Services shall be subject to the corresponding terms and conditions set forth in the Agreement, accepted and entered into as of 01/01/2020 ("Effective Date'). Employer Authorized Signature Name PAGE 1 OF 17 CITY OF MERIDIAN (31302) Fee Schedule Effective Date 01/01/2020 or later if services start different months Fee Amount Fee Minimum Freauencv Bill To HSA - Monthly $1.95 $0.00 Monthly Customer Fees per HSA Participant per month Includes Benefits Debit Card Spouse, dependent, and replacement Benefits Debit Cards available at no additional fee Fees are guaranteed until 01/01/2023 ("Rate Expiration Date"). Printing and postage are included for standard material and mailings. Additional charges/fees will apply for non-standard mailings and/or expedited requests. Additional fees may apply for non-discrimination testing services. WebEx meetings are included at no additional fee. Enrollment meetings (optional) are $350 per day plus travel expenses. If Employer/Customer has contracted with a third party whereby the third party pays DBI's fees on Employer's behalf, DBI's fees will be invoiced to that third party and are due within thirty (30) days after the date the invoice is received. If the third party fails to pay DBI, Employer remains responsible to pay DBI's fees. Fee rates may be based on a third -party discount. If DBI's fees are no longer to be paid by the third party on Employer's behalf, guarantees could be voided and the fee schedule revised. 375616142 PAGE 2 OF 17 31302 HEALTH SAVINGS ACCOUNT ADMINISTRATIVE SERVICES AGREEMENT RECITALS Employer has established a Health Savings Account (“HSA”) program under which HSAs can be established by or on behalf of Employer’s employees (“Employees”). An HSA is a custodial account used to pay or reimburse certain medical expenses. The employee, the employer or both may make contributions to the HSA. Employer desires DBI to assist in its administration of the HSAs based on the terms and conditions set forth in this Agreement. DBI will perform certain recordkeeping and nondiscretionary administrative services based on the terms and conditions set forth in this Agreement. Contributions made by or on behalf of Employees will be placed in a DBI account and then transferred to the HSA. Healthcare Bank, a division of Bell Bank, Fargo, North Dakota, or such other custodian as DBI may designate from time to time, will serve as the custodian of the HSAs. NOW, THEREFORE, in consideration of the premises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: ARTICLE 1 SCOPE AND PURPOSE This Agreement is limited in scope and purpose to establishing the terms and conditions for the transfer of payroll deductions and Employer contributions (if applicable) to HSAs of Employees. Nothing in this Agreement shall modify or amend the terms of any HSA agreement entered into between the custodian and Employees. Complete and accurate information from Employer is required in order for DBI to perform the services set forth herein. DBI shall not be responsible for the truth or accuracy of such information or for the establishment of an HSA or the HSA maintenance activities based on the information received from Employer. Employer acknowledges and agrees that DBI shall have no liability in connection with: • Determining that the Employee is eligible to maintain an HSA and make contributions under applicable tax law. • Ensuring that all distributions the Employee makes are permitted under said law. • The tax consequences of any contribution (including rollover contributions) or distribution. • Paying any custodian investment fees that may be applicable to an HSA. • Legal, tax or accounting advice in relation to the HSAs. DBI assumes no responsibility or authority under this Agreement for: • The design, funding or operation of any Employer-sponsored health and welfare benefit plan or for compliance of any such plan with ERISA, including any aspect of the Consolidated Omnibus Budget Reconciliation Act of 1985 (“COBRA”); • Duties incumbent upon a “plan sponsor” or “covered entity” under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) privacy and security rules; • The funding of claims for benefits under any HSA or employee benefit plan or the payment of fees to third parties providing services or products to Employer or Employees. • The funding of any contributions; or • Insuring or underwriting any liability to provide benefits under any employee benefit plan. ARTICLE 2 OPENING OF ACCOUNTS In accordance with procedures to be agreed upon by the parties, Employer will: (i) inform Employees who wish to participate that they may enroll in an HSA via electronic procedures established by DBI; (ii) provide each Employee with all applicable DBI notices, forms, and disclosures directly or online through the consumer portal; and (iii) provide to DBI at such time and in such format as DBI requires, the information with respect to each Employee participating in Employer’s HSA program. Employer shall ask DBI to establish or “open” HSAs only for those Employees who have indicated the intent to open such an account; represents that the Employees have certified their authorization to work in the United States and have furnished their social security or other taxpayer identification numbers, which Employer will provide to DBI for the purposes of establishing HSAs; and warrants that the information and data Employer provides to DBI under this Agreement will be true and complete. DBI reserves all rights to decline to open or activate any HSA or to close any HSA insofar as its practices and procedures have not been properly observed by Employer or the Employee. ARTICLE 3 FUNDING OF ACCOUNTS Based on the contribution timing set and maintained by Employer and in the form to be agreed upon by the parties, Employer shall remit to DBI the contributions to be transferred to the HSA of each Employee and provide accompanying information that accurately indicates each HSA and the dollar amount to be credited to each such HSA. DBI shall have no liability for any funds not received by DBI or for any errors in crediting an HSA based on the information provided by Employer, including where such contributions are automated, recurring contributions. Unless the account has not been successfully opened, contributions may be withdrawn or transferred from an HSA solely upon the instructions of the custodian and the respective Employee. ARTICLE 4 MISTAKEN EMPLOYER CONTRIBUTIONS Employer acknowledges and agrees that Internal Revenue Service (IRS) regulation requires that HSA contributions be non-forfeitable, provided that the IRS will allow the reversal of mistaken employer contributions: • When there is a mistake in the eligibility to establish an HSA and the employee was never eligible for HSA contributions. • When the contribution exceeds the annual HSA maximum contribution. • When there is clear documentary evidence demonstrating that there was an administrative or process error. DBI agrees to assist Employer in requesting the return of mistaken employer contributions from the custodian in the above situations, or as otherwise permitted by applicable IRS guidance. In all cases, the return of mistaken HSA contributions is subject to the rules, procedures, and limitations of the custodian. DBI and the custodian assume no liability for mistaken employer contributions. ARTICLE 5 ACCOUNT MAINTENANCE In order to administer and maintain the HSAs, from time to time in accordance with procedures to be agreed upon, Employer shall submit to DBI certain information concerning the status of Employees and HSA contributions, and DBI may provide certain information about the HSAs to Employer. Employer acknowledges that DBI may rely upon all information provided by Employer in maintaining and administering the HSAs. Employer shall be responsible for all costs and expenses incurred by DBI for error correction or other activities undertaken by DBI at Employer’s request or as a result of erroneous information provided by Employer to DBI. If requested, Employer shall certify to DBI the personnel authorized by Employer to receive and furnish information under this Agreement. As permitted by law, Employer shall cooperate with DBI in any manner deemed reasonably necessary by DBI to protect its rights. ARTICLE 6 CLOSING OF ACCOUNTS DBI will close an HSA only upon the instructions of the respective Employee. Notwithstanding anything to the contrary herein, at its discretion, DBI may refuse to open, or may close any previously established HSA for which the Employee is unable or unwilling to sign DBI forms or otherwise agree to the terms and conditions related to such HSA or otherwise violates any terms thereof. Employer acknowledges that upon any such closure, funds in the HSA will be returned to the Employee or forwarded to another financial institution upon instructions of the Employee unless the mistaken employer contribution rules apply, in which case the funds will be returned to the Employer. Employer further acknowledges that such closure may result in tax consequences for which the Employee shall be solely responsible and for which the Employer will be responsible for the applicable tax reporting consequences. The custodian may resign and close the HSA for any reason or no reason, effective thirty (30) days after it provides written notice of its resignation to the Employee. ARTICLE 7 EMPLOYER RESPONSIBILITIES Employer represents and warrants that it will have confirmed the identity and employment eligibility of all Employees for whom information is provided to DBI as follows: • Through the U.S. Citizenship and Immigration Services I-9 forms completed by Employees if hired after November 6, 1986; or • For Employees hired before that date, review by Employer of Employees’ driver’s licenses or other government-issued identifying documentation evidencing nationality or residence and bearing a photograph or similar safeguard. Employer represents and warrants that it does not: • Limit the ability of eligible individuals to move their funds to another HSA beyond restrictions imposed by the Internal Revenue Code of 1986 (“Code”); • Impose conditions on uses of HSA funds beyond those permitted under the Code; • Make or influence the investment decisions with respect to funds contributed to an HSA; • Represent that HSAs are an employee welfare benefit plan established or maintained by Employer; or • Receive any payment or compensation from DBI in connection with an HSA. To the extent applicable, the HSA comparability testing under Code Section 4980G is the responsibility of Employer to complete. ARTICLE 8 EMPLOYER INFORMATION AND INSTRUCTIONS Employer has authorized and instructed DBI in this Agreement to implement DBI’s standard administrative procedures to provide services in accordance with this Agreement. DBI shall be fully protected in relying upon representations by Employer set forth in this Agreement and communications made by or on behalf of Employer in effecting its obligations under this Agreement. To the extent permitted by law, Employer agrees to hold DBI harmless from and against all liability, damages, costs, losses, and expenses (including reasonable attorney fees) and expressly releases all claims against DBI in connection with any claim or cause of action for any activity or occurrence prior to the commencement of services under this Agreement that results from the failure or alleged failure of Employer, its officers and employees, and any other entity related to or performing services on behalf of Employer (other than DBI) to comply with ERISA, the Code, and any other applicable law or regulation with respect to the HSAs. If Employer instructs DBI with a specific written request in a format acceptable to DBI to provide services in a manner other than in accordance with DBI’s standard forms and procedures, DBI may (but need not) comply with such an instruction. This would include any Employer instruction to add a vendor link to the consumer portal. To the extent that DBI complies with such an instruction, Employer and not DBI shall be solely responsible for DBI’s action so taken, and Employer, to the extent permitted by law, agrees to hold DBI harmless from and against all liability, damages, costs, losses, and expenses (including reasonable attorney fees), and expressly releases all claims against DBI in connection with any claim or cause of action, which results from or in connection with DBI complying with Employer’s specific written instruction to provide services in a manner other than in accordance with DBI’s standard procedures. ARTICLE 9 RETENTION AND RELEASE OF DATA, RECORDS, AND FILES Written and electronic records containing personal information are securely destroyed or deleted consistent with business needs or legal retention requirements. Per business records needs and associated retention and secure destruction periods, DBI retains a copy of all information, excluding emails or similar electronic communications destroyed in the ordinary course of business pursuant to DBI policy, for at least eight (8) years from the date created at DBI. Following the termination of this Agreement, DBI shall cooperate with Employer or Employer’s subsequent service provider to effect an orderly transition of services provided under this Agreement and, within a reasonable time, will release to Employer a copy of all data, records, and files in DBI’s standard format. Upon termination of this Agreement, DBI is entitled to retain a copy of all information including the data, records, and files to use and disclose such information for claims, audits, and legal and contractual compliance purposes to the extent permitted by law. ARTICLE 10 CONFIDENTIAL BUSINESS INFORMATION AND INTELLECTUAL PROPERTY (a) General Obligations For purposes of this Article 10, “confidential business information” shall mean any information identified by either party as “confidential” and/or “proprietary”, or which, under the circumstances, ought to be treated as confidential or proprietary, including non-public information related to the disclosing party’s business, employees, service methods, software, documentation, financial information, prices, and product plans. Neither DBI nor Employer shall disclose confidential business information of the other party. The receiving party shall use reasonable care to protect the confidential business information and ensure it is maintained in confidence, and in no event use less than the same degree of care as it employs to safeguard its own confidential business information of like kind. The foregoing obligation shall not apply to any information that: (i) is at the time of disclosure, or thereafter becomes, part of the public domain through a source other than the receiving party; (ii) is subsequently learned from a third party that does not impose an obligation of confidentiality on the receiving party; (iii) was known to the receiving party at the time of disclosure; (iv) was generated independently by the receiving party; or (v) is required to be disclosed by law, subpoena or other process. DBI may disclose Employer’s confidential business information to a governmental agency or other third party required by law to the extent necessary for DBI to perform its obligations under this Agreement or if Employer has given DBI written authorization to do so. Although DBI may have confidential business information processed, managed, and/or stored with subcontractors or third parties, it remains fully responsible to Employer for the confidentiality obligations set forth herein. Each party agrees that its obligations contained in this Article 10 apply also to its parent, subsidiary, and affiliated companies, if any, and to similarly bind all successors, employees and representatives. (b) Financial Statements and Audit Information If Employer requests access to certain financial statements and/or service organization control audit reports or other audit information of DBI for the purpose of reviewing the financial, operating, and business condition of DBI, and DBI agrees to provide such information, Employer’s acceptance of or access to such confidential information shall constitute its agreement with the following: • Employer will maintain the information (whether communicated by means of oral, electronic or written disclosures) in confidence and shall not use the same for its own benefit, or for any purpose other than the furtherance of its review, or disclose the same to any third party. • Employer may only disclose the information to its own officers and employees on a need-to- know basis for the purposes of its review. • If Employer is a state agency or otherwise subject to a freedom of information type statute, the information shall be treated as confidential and exempt from disclosure in accordance with the applicable law and the information contains sensitive proprietary business information and data defined as trade secret information that would not otherwise be publicly available and that disclosure of this information to the public, including DBI’s competitors, would likely result in substantial harm to DBI’s competitive positions and also contains confidential supervisory information and personal information relating to directors, officers, and major shareholders of DBI, the disclosure of which would constitute an unwarranted invasion of personal privacy. (c) Intellectual Property All materials, including, without limitation, documents, forms (including data collection forms provided by DBI), brochures, and online content ("Materials") furnished by DBI to Employer are licensed, not sold. Employer is granted a personal, non-transferable, and nonexclusive license to use Materials solely for Employer’s own internal business use. Employer does not have the right to copy, distribute, reproduce, alter, display or use these Materials or any DBI trademarks for any other purpose other than its own internal business use. Employer shall use commercially reasonable efforts to prevent and protect the content of Materials from unauthorized use. Employer’s license to use Materials ends on the termination date of this Agreement. Upon termination, Employer agrees to destroy Materials or, if requested by DBI, to return them to DBI, except to the extent Employer is required by law to maintain copies of such Materials. DBI retains exclusive ownership rights to and reserves the right to independently use its experience and know-how, including processes, ideas, concepts, and techniques acquired prior to or developed in the course of performing services under this Agreement. ARTICLE 11 TERM OF AGREEMENT (a) Duration The term of this Agreement shall commence as of the Effective Date and shall continue for a period of twelve (12) months (the “Initial Term”). (b) Renewal This Agreement shall automatically renew for another twelve (12) months at the end of the Initial Term and every twelve (12) months thereafter unless terminated pursuant to this Article 11. (c) Termination without Cause Notwithstanding the foregoing, this Agreement may be terminated at any time during the Initial Term or any renewal term by Employer or by DBI without cause and without liability with written notice of the intention to terminate to be effective as of a date set forth in the written notice not fewer than sixty (60) days from the date of such notice. (d) Automatic Termination and Termination with Cause (i) The Agreement shall automatically terminate: • If any law is enacted or interpreted to prohibit the continuance of this Agreement, upon the effective date of such law or interpretation; • If any monthly service fee remains unpaid to DBI beyond ten (10) days past the due date, upon written notification by DBI to Employer that DBI is exercising its option to enforce this provision; or • If at any time Employer fails to provide funds for the payment of benefits. (ii) If a party is in default under any provision of this Agreement other than a payment default, the other party may give written notice to the defaulting party of such default. If the defaulting party has not used good faith efforts to cure such breach or default within thirty (30) days after it receives such notice, or if good faith efforts to cure have begun within thirty (30) days but such cure is not completed within sixty (60) days after receipt of the notice, the other party shall have the right by further written notice (the “Termination Notice”) to terminate the Agreement as of any future date designated in the Termination Notice. (e) Fees or Charges All fees and charges that have accrued up to the date of termination shall be paid with in thirty (30) days after the date of termination. ARTICLE 12 COST OF SERVICES The service fees shall be payable in accordance with the fee schedule attached hereto. Fees are invoiced monthly and are due within thirty (30) days of the invoice date. If Employer fails to pay within sixty (60) days of the invoice date, and upon written request of DBI to the custodian, fees will be deducted directly from each HSA to which the fees relate, provided that no amount may be deducted from one HSA to cover the unpaid service fees from another HSA. Employer shall have thirty (30) days from the date of the invoice to correct the HSA participant count for credit or refund. The service fees are billed to Employee after termination of employment with Employer. If requested by Employer, the service fees can be charged to Employees, and withdrawn from the HSAs on or around the first of each month. This transaction will appear as a separate line item on the account. The fees cannot be charged to Employees if the service fees are part of a DBI solution or a monthly minimum fee. Notwithstanding the foregoing, DBI reserves the right to: • Charge Employer reasonable fees for the reproduction or return of records or reports requested by Employer or governmental agencies if the governmental agency has made the request on behalf of Employer or for reasonable fees charged by other parties for information reasonably required by DBI to perform its duties under this Agreement. • Charge fees for the provision of additional services that were neither included in nor contemplated by this Agreement on the Effective Date. • Charge for proprietary technology and services, including, but not limited to LEAP and Application Programming Interface (API) connections, if such charges are implemented on a nearly universal basis as a matter of policy. • Increase fees based on additional costs imposed on DBI, such as significant postal rate or bank fee increases or substantiated increased costs due to legislative or regulatory changes, domestic or foreign, actually incurred in performing its services. The service fees incorporate fees charged by the custodian. Upon thirty (30) days’ advance written notice to Employer, DBI may adjust the service fees to reflect any adjustment in the fees charged to DBI by the custodian. DBI shall provide Employer with reasonable prior written notice of such increases. On or after the rate expiration date indicated on the fee schedule, DBI reserves the right to amend the fee schedule with sixty (60) days’ advance written notice. If Employer is unwilling to accept the changes to the fee schedule, Employer may terminate this Agreement by providing notice to DBI no later than the effective date of the fee schedule amendment. Fees quoted assume that DBI standard software and systems will be compatible with Employer’s software and systems and with any prior service provider’s software and systems so that the services can be readily performed without any modifications or alterations of DBI’s software and systems. In the unusual event that costs are incurred by DBI to integrate the DBI Services with Employer’s software and systems and/or in migrating the data from the prior service provider to DBI’s systems, those costs may be charged separately on a time and materials basis or as otherwise provided under a separate agreement between the parties. ARTICLE 13 RED FLAGS RULE COMPLIANCE To the extent applicable, DBI shall comply with the Red Flags Rule with respect to the services provided by DBI under this Agreement that are covered by the Red Flags Rule as determined by DBI in its sole discretion. For purposes of this provision, “Red Flags Rule” means the regulations adopted by various federal agencies, including the Federal Trade Commission, in connection with the detection, prevention, and mitigation of identity theft, and located at 72 Fed. Reg. 63718 (November 9, 2007), as amended. As part of its Red Flags Rule compliance, DBI shall adopt, maintain, and use appropriate and commercially reasonable rules, procedures, and safeguards to detect and identify red flags and to prevent and mitigate identify theft as required by the Red Flags Rule. Such rules, procedures, and safeguards shall be set forth in a written program (the “Red Flags Program”). DBI shall, upon request, make available to Employer a copy of its Red Flags Program. ARTICLE 14 LIMITATIONS, INDEMNIFICATION, AND INSURANCE (a) Notwithstanding any other provision in this Agreement to the contrary, the maximum total liability of DBI to Employer shall be limited to direct money damages in an amount not to exceed the dollar amount that is paid or payable to cover such liability under the insurance policy or policies provided for herein. In no event shall either party be liable to the other for consequential, special, exemplary, punitive, indirect or incidental damages, including, but not limited to, any damages resulting from loss of use or loss of profits arising out of or in connection with this Agreement, whether in an action based on contract, tort (including negligence) or any other legal theory whether existing as of the Effective Date or subsequently developed, even if the party has been advised of the possibility of such damages. In the event the foregoing is found to be invalid, in no event will DBI's liability for such damages exceed the fees paid by Employer for the services in the twelve-month period in which the cause of action occurred. This is Employer’s sole and exclusive remedy. No action under this Agreement may be brought by either party more than two (2) years after the cause of action has accrued. DBI and Employer expressly agree that the limitations of liability stated herein represents an agreed allocation of the risks of this Agreement between the parties. This allocation is reflected in the pricing offered by DBI to Employer and is an essential element of the basis of the bargain between the parties. (b) Subject to the limitations in this Article 14, DBI will indemnify, defend and hold harmless Employer (and its respective officers, directors, employees, representatives, successors, and permitted assigns) from and against any and all liability, damages, costs, losses, penalties, expenses and reasonable attorney fees (collectively, “Losses”) incurred by Employer in connection with any threatened, pending or adjudicated claim, demand, action, suit or proceeding by any third party to the extent arising out of DBI’s (i) fraudulent or criminal actions or omissions or (ii) material breach of this Agreement or of any executed or applicable business associate agreement between the parties. (c) To the extent permitted by law, Employer will indemnify, defend and hold harmless DBI (and its respective officers, directors, employees, representatives, successors, and permitted assigns) from and against any and all liability, damages, costs, losses, penalties, expenses and reasonable attorney fees (collectively, “Losses”) incurred by DBI in connection with any threatened, pending or adjudicated claim, demand, action, suit or proceeding by any third party (including an action brought by or on behalf of an employee or a participant) to the extent arising out of Employer’s (i) fraudulent or criminal actions or omissions or (ii) material breach of this Agreement or of any executed or applicable business associate agreement between the parties. If Employer is a state agency or otherwise subject to a public entity/political subunit non-indemnification type statute and therefore unable to indemnify under this Agreement, DBI shall not be responsible for any injury or damage that occurs as a result of any negligent act or omission committed by Employer, including its employees or assigns. (d) The party seeking indemnification under (b) or (c) above must notify the indemnifying party within thirty (30) days in writing of any actual or threatened claim, demand, action, suit or proceeding to which it claims such indemnification applies. Failure to so notify the indemnifying party shall not be deemed a waiver of the right to seek indemnification, unless the actions of the indemnifying party have been materially prejudiced by the failure of the other party to provide notice within the required time period. The indemnifying party may (but is not required to) take steps to be joined as a party to any proceeding in which indemnification has been claimed, and the party seeking indemnification shall not oppose any such joinder. Whether or not such joinder takes place, the indemnifying party shall provide the defense with respect to Losses to which this Article 14 applies and in doing so shall have the right to control the defense and settlement with respect to such claims to the extent that the defense and settlement relates to the payment of monetary compensation. The party seeking indemnification may assume responsibility for the direction of its own defense at any time, in whole or in part, in which case the costs and expenses, including reasonable attorneys’ fees, of the defense shall become Losses subject to indemnification under this Article 14 by the indemnifying party. The party seeking indemnification may assume at any time, in whole or in part, the right to settle or compromise any Losses against it with the reasonable consent of the indemnifying party, and such settlement or compromise that relates to monetary compensation shall become Losses subject to indemnification under this Article 14 by the indemnifying party. (e) During the term of this Agreement, DBI shall maintain general liability insurance and professional/cyber liability insurance with policy limits of not less than $5,000,000 per occurrence and in the aggregate for the purpose of providing coverage for claims arising out of the performance of its services under this Agreement. DBI shall maintain a bond (or an insurance policy similar to a bond) for DBI and any of its employees who may collect, disburse or otherwise handle or have possession of any funds provided by Employer. Upon request, DBI shall provide Employer with a certificate or certificates of insurance reflecting such insurance coverages. ARTICLE 15 GENERAL (a) Neither Employer nor DBI will restrict the ability of HSA owners to move funds to another HSA beyond those restrictions imposed by the Code. (b) By executing this Agreement, the parties agree to extend the term of any Automated Clearing House (“ACH”) Agreement associated herewith to be coterminous with the term of this Agreement and to have such agreement be covered by the terms and provisions hereof. (c) From time-to-time and in compliance with applicable federal and state laws, DBI may monitor and/or record calls which are made to and from the customer service line for quality assurance and training purposes, and/or to ensure that DBI's services fully comply with the terms of this Agreement. DBI shall provide a customer service line toll-free number Monday through Friday Central Time Zone for use during DBI normal business hours: Clients 7:00 a.m. to 7:00 p.m. Participants 6:00 a.m. to 9:00 p.m. (d) DBI represents and warrants that it has implemented and maintains a written and comprehensive information security program and complies with all applicable law and regulation, including, without limitation, state privacy and data security law and regulation such as the Massachusetts Standards for the Protection of Personal Information of Residents of the Commonwealth (201 CMR 17.00). (e) DBI may delegate or subcontract any portion of DBI services to a third party. For those DBI services that are delegated or subcontracted, DBI shall remain fully responsible to Employer for compliance with all applicable provisions of this Agreement or any executed or applicable business associate agreement between the parties. No portion of DBI services shall be delegated or subcontracted to any third party located outside of the United States. (f) Employer acknowledges and agrees that the services provided by DBI pursuant to this Agreement relate to enrollment and disenrollment and that these services to the extent permitted under HIPAA shall be deemed to be performed by DBI on behalf of Employer in Employer’s capacity as the sponsor of an employee welfare benefit plan. Employer further acknowledges and agrees that DBI may use or disclose enrollment or disenrollment information that it receives from Employer with respect to a particular HSA participant to provide the HSA participant access to additional services at no cost to Employer. (g) Notwithstanding anything to the contrary contained herein, neither party shall be liable or deemed to be in default under or in breach of this Agreement for failure to perform or delay in the performance of any of their respective obligations under this Agreement to the extent that such failure or delay results from any act of God, military operation, terrorist attack, widespread and prolonged loss of use of the Internet, national emergency, government restrictions, or disruption of the financial markets. The affected party shall use all commercially reasonable efforts to remedy any inability to perform under this Agreement. (h) If either party fails to enforce any right or remedy under this Agreement, that failure is not a waiver of the right or remedy for any other breach or failure by the other party. (i) If any provision of this Agreement is found to be unenforceable or invalid, such determination shall not affect any other provision, each of which shall be construed and enforced as if such invalid or unenforceable provision were not contained herein, and the parties will negotiate a mutually acceptable replacement provision consistent with the parties’ original intent. (j) This Agreement shall be governed and interpreted by the laws of the State of Idaho. In the event of any conflict of laws, the laws of the State of Idaho shall prevail. (k) Excluding all matters pertaining to the collection of amounts due to DBI arising out of the services provided, the parties agree that as a precursor to any litigation, any dispute arising out of or related to this Agreement may be submitted to a mutually agreed upon American Arbitration Association (“AAA”) mediator for non- binding confidential mediation in a location mutually agreeable between the parties. Notwithstanding the foregoing, this provision shall not prevent either party from seeking injunctive relief (or any other provisional remedy) from any court having jurisdiction over the parties and the subject matter of their dispute relating to this Agreement. (l) Any notice required or permitted to be given under this Agreement shall be deemed delivered to the address set forth in this Agreement or such other physical or electronic address as specified by the party: (i) when received if delivered by hand; (ii) the next business day if placed with a reputable express carrier for delivery during the morning of the following business day; (iii) three (3) days after deposit in the U.S. mail for delivery, postage prepaid; or (d) when received if delivered electronically. DBI: 4321 20th Avenue South, Fargo, ND 58103, Attention: Chief Compliance Officer. (m) This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements and understandings regarding the subject matter hereof, whether written or verbal. Any amendment to this Agreement must be in writing and signed by authorized representatives of both parties. The provisions of this Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their heirs, assigns, and successors in interest. Nothing express or implied in this Agreement is intended to confer, and nothing herein shall confer upon any person other than the parties hereto, any rights, remedies, obligations or liabilities whatsoever. (n) This Agreement may not be assigned by either party without the prior written consent of the other unless in connection with a change in control, merger, acquisition or sale of all or substantially all of the party’s assets and provided that the surviving entity has agreed to be bound by this Agreement and has notified the other party in writing within thirty (30) days of the assignment. If consent is required, the parties shall not unreasonably withhold consent. (o) Those provisions that by their nature are intended to survive termination or expiration of this Agreement shall so survive. (p) The parties agree that in performing their responsibilities under this Agreement, they are in the position of independent contractors. This Agreement is not intended to create, nor does it create and shall not be construed to create, a relationship of partner or joint venture or any association for profit between Employer and DBI. (q) In the event of DBI’s resignation or inability to serve, Employer may appoint a successor. In such situations, the replacement of DBI shall be considered a termination of this Agreement, and the termination provisions of Article 11 shall remain effective and controlling. (r) Neither DBI nor Employer, when dealing with the other party in relation to the HSA Program, shall be obliged to determine the other party’s authority to act pursuant to this Agreement. (s) Employer may subscribe to DBI’s non-discrimination testing portal per the Discovery Teststm Subscription Addendum. DISCOVERY TESTS SUBSCRIPTION ADDENDUM Discovery Teststm (“Discovery Tests”) is DBI’s non-discrimination testing portal available on LEAPtm. To the extent Employer desires to access Discovery Tests for testing one or more of its Plans, the following additional provisions shall apply with respect to non-discrimination testing. 1 DBI Non-Discrimination Testing 1.1 Plan Testing The benefit plan or plans covered for services are limited to Premium Only Plan (POP), Premium Only Plan and Flexible Spending Account (POPFSA), Health Reimbursement Arrangement (HRA), and/or Self-Insured Medical Plan (SIMP), for which DBI provides access to Tests (individually and collectively, as the context may require, all of the foregoing shall be referred to as the “Plan”). 1.2 Test Templates DBI provides Employer non-exclusive, non-transferable, non-assignable right to access and use of Discovery Tests. 1.3 Non-Discrimination Testing Report DBI provides a final testing report with test results and recommendations for correcting failed Discovery Tests. The report is made available through Discovery Tests, which is a tool designed to help Employer evaluate Employer’s compliance with applicable domestic law and regulation. 1.4 Template Information Retention DBI deletes the data inputted or uploaded into Discovery Tests and the resulting completed templates ten (10) calendar days after submission by Employer. 1.5 Report Retention DBI retains the testing report for at least eight (8) years from the date the report is created under this Addendum. 1.6 Disclaimers All templates are subject to periodic updates and revision. DBI does not insure or underwrite Employer’s liability to provide benefits under the Plan or provide services other than those stated in this Addendum. DBI is not liable nor will DBI use its own funds for payment of benefits under the Plan, including, without limitation, where such payment of benefits is sought as damages in an action against Employer, DBI or the Plan. 2 Employer Responsibilities 2.1 System of Record Employer’s HRIS/payroll system is the system of record for non-discrimination testing information. Employer must provide DBI with the information necessary to perform the standard non-discrimination testing services and in the file format required by DBI. 2.2 Compliance It is the sole responsibility of Employer to assure compliance with all legal reporting and disclosure requirements, including non-discrimination testing rules. 2.3 Authorized Users Employer shall not make Discovery Tests available to any person or entity other than its authorized users. Employer shall maintain a written, current list of authorized users and shall provide the list to DBI upon request. 2.4 Protection of Discovery Tests Employer agrees to take all reasonable steps to protect Discovery Tests from unauthorized copying, possession, access or use. Upon Employer becoming aware of any such unauthorized copying, possession, access or use, Employer shall promptly notify DBI and assist DBI in preventing the recurrence thereof, and shall cooperate with DBI in any litigation or proceedings reasonably necessary to protect its rights. 2.5 Secure Passwords Employer shall ensure that each authorized user maintains a secure password for its use of the testing portal and keeps its password confidential. Employer shall immediately notify DBI of any compromise of any secured password of any authorized user, and shall cooperate with DBI in any manner deemed reasonably necessary to protect its rights. 2.6 Viruses and Improper Materials Employer shall not knowingly access, store, distribute, upload, or transmit any viruses, or any material during the course of its use of Discovery Tests that is unlawful, harmful, threatening, defamatory, libelous, obscene, infringing, harassing or racially or ethnically offensive; promotes or facilitates any unlawful activity; depicts sexually explicit images; discriminates on the basis of nationality, race, gender, color, religious belief or other characteristic protected by applicable law; or causes damage or injury to any person or property. 2.7 Employer Data Employer owns all right, title and interest in and to and is solely responsible for the reliability, integrity, accuracy, quality, and lawfulness of data inputted and/or uploaded into Discovery Tests. DBI has no obligation to back up or archive any data and Employer is solely responsible therefor. 2.8 Test Results Employer acknowledges that any reports, test results, and all other information that Employer obtains as a result of using Discovery Tests is based solely on the data of Employer and/or its authorized users provided by or on behalf of Employer; DBI is not liable for any inaccuracies or invalid results or reports based on such data; and Employer expressly assumes all risk and liability with respect to its use and interpretation of such reports, results, and other information obtained from Employer’s use of Discovery Tests. Although Discovery Tests is a tool designed to help Employer evaluate Employer’s compliance with applicable domestic law and regulation, all legal, regulatory and administrative matters related in any way to Employer, its data, authorized users or its Plan, and the compliance of any of the foregoing with applicable domestic law, are the sole responsibility of Employer, and DBI has no liability or responsibility therefor. Employer further acknowledges and agrees that DBI does not provide legal or tax advice with respect to these matters and that Employer must obtain its own legal and tax advice pertaining in any way to such matters. 2.9 Employer Systems Employer is solely responsible for the maintenance and routine review of its computing and electronic system usage records (i.e., log files) and the security of its own data, data storage, computing devices, other electronic systems, and network connectivity. 2.10 Unauthorized Access Employer acknowledges and agrees that DBI is not liable to Employer, Employer’s employees or any other third party for any consequences, losses or damages resulting from unauthorized access to or use of its data while such data is housed on Employer’s data network. 3 Confidential Information and Intellectual Property 3.1 Confidentiality of Employer Data DBI shall maintain appropriate administrative, physical, and technical safeguards and security measures for protection of the confidentiality of Employer data and for the detection and prevention of unauthorized access to Employer data housed on DBI’s data network. DBI shall not disclose any Employer data except as compelled by law in accordance with this Section 3 or as expressly permitted in writing by Employer. DBI agrees that all Employer data shall be stored on computer servers located within the United States and shall not be transferred to any computer servers located outside of the United States without the prior written consent of Employer. 3.2 Information Security Each party agrees to use industry standard current firewall and virus-protection software. 3.3 Remedies upon Breach Each party agrees that the other party may have no adequate remedy at law if there is a breach or threatened breach of this Section 3 and, accordingly, that either party is entitled (in addition to any legal or equitable remedies available to such party) to seek injunctive or other equitable relief to prevent or remedy such breach. 3.4 Ownership As between the parties, the parties agree that the confidential information of the other party is, and will remain, the property of such other party. The receiving party obtains no right, title, interest, or license in or to any of the confidential information of the disclosing party except for the rights expressly set forth in this Addendum. 3.5 No Return of Data Employer acknowledges that DBI has no obligation to maintain Employer data relating to this Addendum. Accordingly, DBI does not return any data to Employer or make any such data available for download by Employer after the termination or expiration of the Agreement. 4 Warranties and Remedies 4.1 Limited Warranties DBI warrants that Discovery Tests will perform materially in accordance with the data submitted and the functionality of Discovery Tests will not be materially decreased during the Term. 4.2 Exclusions Notwithstanding the foregoing, DBI does not warrant, and specifically disclaims, that Employer’s access to or use of Discovery Tests and the DBI Technology will be uninterrupted or error-free or that the information obtained by Employer through Discovery Tests will meet Employer’s requirements. Further, DBI is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of Employer data or any other data or information over communications networks and facilities, including the Internet, and Employer acknowledges that Discovery Tests and the resulting information may be subject to limitations, delays and other problems inherent in the use of such communications facilities. Employer further acknowledges that it is solely responsible for procuring and maintaining its network connections and telecommunications links from its systems to DBI’s data center and all problems, conditions, delays, delivery failures, and all other loss or damage arising from or relating to Employer’s network connections or telecommunications links or that are caused by the Internet. 4.3 Exclusive Remedies Employer shall promptly notify DBI in writing of any nonconformity to the functionality described herein. DBI is not obligated to correct any such nonconformity if Employer fails to promptly notify DBI in writing, which notice must provide a detailed description of the specific existence and nature of the alleged nonconformity upon Employer’s discovery thereof. Provided the nonconformity giving rise to the warranty claim exists, Employer’s sole and exclusive remedy in relation to its access to Discovery Tests and DBI’s entire liability for any such conformity is as follows: DBI shall as promptly as practicable, and in any event within thirty (30) days after DBI’s receipt of Employer’s written notice if applicable, correct such nonconformity or provide Employer with a plan reasonably acceptable to Employer for correcting the nonconformity at DBI’s expense and in a reasonably timely fashion. If neither can be accomplished with reasonable commercial efforts from DBI, DBI will notify Employer, whereupon Employer may cancel the Discovery Tests subscription and return all materials and related documentation to DBI. If Employer elects not to cancel the subscription as provided in this Section 4.3, Employer waives all rights for the applicable breach of the warranty set forth herein. 4.4 Disclaimer of Warranty THE LIMITED WARRANTIES SET FORTH HEREIN CONSTITUTE THE ONLY WARRANTIES WITH RESPECT TO THE SERVICES, DISCOVERY TESTStm, AND THE DBI TECHNOLOGY. THE LIMITED WARRANTIES ARE IN LIEU OF, AND DBI SPECIFICALLY DISCLAIMS, ALL OTHER WARRANTIES, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. UPON ANY INTERRUPTION, DELAY OR FAILURE OF ACCESS TO DISCOVERY TESTStm AND THE DBI TECHNOLOGY, DBI’S SOLE OBLIGATION IS TO USE COMMERCIALLY REASONABLE EFFORTS TO CORRECT THE PROBLEM AND/OR RESUME SUCH ACCESS AS SOON AS PRACTICABLE. HEALTH SAVINGS ACCOUNT ADMINISTRATIVE SERVICES AGREEMENT RECITALS Employer has established a Health Savings Account (“HSA”) program under which HSAs can be established by or on behalf of Employer’s employees (“Employees”). An HSA is a custodial account used to pay or reimburse certain medical expenses. The employee, the employer or both may make contributions to the HSA. Employer desires DBI to assist in its administration of the HSAs based on the terms and conditions set forth in this Agreement. DBI will perform certain recordkeeping and nondiscretionary administrative services based on the terms and conditions set forth in this Agreement. Contributions made by or on behalf of Employees will be placed in a DBI account and then transferred to the HSA. Healthcare Bank, a division of Bell Bank, Fargo, North Dakota, or such other custodian as DBI may designate from time to time, will serve as the custodian of the HSAs. NOW, THEREFORE, in consideration of the premises and other good and valuable consideration, the rec eipt and sufficiency of which are hereby acknowledged, the parties agree as follows: ARTICLE 1 SCOPE AND PURPOSE This Agreement is limited in scope and purpose to establishing the terms and conditions for the transfer of payroll deductions and Employer contributions (if applicable) to HSAs of Employees. Nothing in this Agreement shall modify or amend the terms of any HSA agreement entered into between the custodian and Employees. Complete and accurate information from Employer is required in order for DBI to perform the services set forth herein. DBI shall not be responsible for the truth or accuracy of such information or for the establishment of an HSA or the HSA maintenance activities based on the information received from Employer. Employer acknowledges and agrees that DBI shall have no liability in connection with: • Determining that the Employee is eligible to maintain an HSA and make contributions under applicable tax law. • Ensuring that all distributions the Employee makes are permitted under said law. • The tax consequences of any contribution (including rollover contributions) or distribution. • Paying any custodian investment fees that may be applicable to an HSA. • Legal, tax or accounting advice in relation to the HSAs. DBI assumes no responsibility or authority under this Agreement for: • The design, funding or operation of any Employer -sponsored health and welfare benefit plan or for compliance of any such plan with ERISA, including any aspect of the Consolidated Omnibus Budget Reconciliation Act of 1985 (“COBRA”); • Duties incumbent upon a “plan sponsor” or “covered entity” under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) privacy and security rules; • The funding of claims for benefits under any HSA or employee benefit plan or the payment of fees to third parties providing services or products to Employer or Employees. • The funding of any contributions; or • Insuring or underwriting any liability to provide benefits under any employee benefit plan. ARTICLE 2 OPENING OF ACCOUNTS In accordance with procedures to be agreed upon by the parties, Employer will: (i) inform Employees who wish to participate that they may enroll in an HSA via electronic procedures established by DBI; (ii) provide each Employee with all applicable DBI notices, forms, and disclosures directly or online through the consumer portal; and (iii) provide to DBI at such time and in such format as DBI requires, the information with respect to each Employee participating in Employer’s HSA program. Employer shall ask DBI to establish or “open” HSAs only for those Employees who have indicated the intent to open such an account; represents that the Employees have certified their authorization to work in the United States and have furnished their social security or other taxpayer identification numbers, which Employer will provide to DBI for the purposes of establishing HSAs; and warrants that the information and data Employer provides to DBI under this Agreement will be true and complete. DBI reserves all rights to decline to open or activate any HSA or to close any HSA insofar as its practices and procedures have not been properly observed by Employer or the Employee. ARTICLE 3 FUNDING OF ACCOUNTS Based on the contribution timing set and maintained by Employer and in the form to be agreed upon by the parties, Employer shall remit to DBI the contributions to be transferred to the HSA of each Employee and provide accompanying information that accurately indicates each HSA and the dollar amount to be credited to each such HSA. DBI shall have no liability for any funds not received by DBI or for any errors in crediting an HSA based on the information provided by Employer, including where such contributions are automated, recurring contributions. Unless the account has not been successfully opened, contributions may be withdrawn or transferred from an HSA solely upon the instructions of the custodian and the respective Employee. ARTICLE 4 MISTAKEN EMPLOYER CONTRIBUTIONS Employer acknowledges and agrees that Internal Revenue Service (IRS) regulation requires that HSA contributions be non-forfeitable, provided that the IRS will allow the reversal of mistaken employer contributions: • When there is a mistake in the eligibility to establish an HSA and the employee was never eligible for HSA contributions. • When the contribution exceeds the annual HSA maximum contribution. • When there is clear documentary evidence demonstrating that there was an administrative or process error. DBI agrees to assist Employer in requesting the return of mistaken employer contributions from the custodian in the above situations, or as otherwise permitted by applicable IRS guidance. In all cases, the return of mistaken HSA contributions is subject to the rules, procedures, and limitations of the custodian. DBI and the custodian assume no liability for mistaken employer contributions. ARTICLE 5 ACCOUNT MAINTENANCE In order to administer and maintain the HSAs, from time to time in accordance with procedures to be agreed upon, Employer shall submit to DBI certain information concerning the status of Employees and HSA contributions, and DBI may provide certain information about the HSAs to Employer. Employer acknowledges that DBI may rely upon all information provided by Employer in maintaining and administering the HSAs. Employer shall be responsible for all costs and expenses incurred by DBI for error correction or other activities undertaken by DBI at Employer’s request or as a result of erroneous information provided by Employer to DBI. If requested, Employer shall certify to DBI the personnel authorized by Employer to receive and furnish information under this Agreement. As permitted by law, Employer shall cooperate with DBI in any manner deemed reasonably necessary by DBI to protect its rights. ARTICLE 6 CLOSING OF ACCOUNTS DBI will close an HSA only upon the instructions of the respective Employee. Notwithstanding anything to the contrary herein, at its discretion, DBI may refuse to open, or may close any previously established HSA for which the Employee is unable or unwilling to sign DBI forms or otherwise agree to the terms and conditions related to such HSA or otherwise violates any terms thereof. Employer acknowledges that upon any such closure, funds in the HSA will be returned to the Employee or forwarded to another financial institution upon instructions of the Employee unless the mistaken employer contribution rules apply, in which case the funds will be returned to the Employer. Employer further acknowledges that such closure may result in tax consequences for which the Employee shall be solely responsible and for which the Employer will be responsible for the applicable tax reporting consequences. The custodian may resign and close the HSA for any reason or no reason, effective thirty (30) days after it pr ovides written notice of its resignation to the Employee. ARTICLE 7 EMPLOYER RESPONSIBILITIES Employer represents and warrants that it will have confirmed the identity and employment eligibility of all Employees for whom information is provided to DBI as follows: • Through the U.S. Citizenship and Immigration Services I-9 forms completed by Employees if hired after November 6, 1986; or • For Employees hired before that date, review by Employer of Employees’ driver’s licenses or other government-issued identifying documentation evidencing nationality or residence and bearing a photograph or similar safeguard. Employer represents and warrants that it does not: • Limit the ability of eligible individuals to move their funds to another HSA beyond restrictions imposed by the Internal Revenue Code of 1986 (“Code”); • Impose conditions on uses of HSA funds beyond those permitted under the Code; • Make or influence the investment decisions with respect to funds contributed to an HSA; • Represent that HSAs are an employee welfare benefit plan established or maintained by Employer; or • Receive any payment or compensation from DBI in connection with an HSA. To the extent applicable, the HSA comparability testing under Code Section 4980G is the responsibility of Employer to complete. ARTICLE 8 EMPLOYER INFORMATION AND INSTRUCTIONS Employer has authorized and instructed DBI in this Agreement to implement DBI’s standard administrative procedures to provide services in accordance with this Agreement. DBI shall be fully protected in relying upon representations by Employer set forth in this Agreement and communications made by or on behalf of Employer in effecting its obligations under this Agreement. To the extent permitted by law, Employer agrees to hold DBI harmless from and against all liability, damages, costs, losses, and expenses (including reasonable attorney fees) and expressly releases all claims against DBI in connection with any claim or cause of action for any activity or occurrence prior to the commencement of services under this Agreement that results from the failure or alleged failure of Employer, its officers and employees, and any other entity related to or performing services on behalf of Employer (other than DBI) to comply with ERISA, the Code, and any other applicable law or regulation with respect to the HSAs. If Employer instructs DBI with a specific written request in a format acceptable to DBI to provide services in a manner other than in accordance with DBI’s standard forms and procedures, DBI may (but need not) comply with such an instruction. This would include any Employer instruction to add a vendor link to the consumer portal. To the extent that DBI complies with such an instruction, Employer and not DBI shall be solely responsible for DBI’s action so taken, and Employer, to the extent permitted by law, agrees to hold DBI harmless from and against all liability, damages, costs, losses, and expenses (including reasonable attorney fees), and expressly releases all claims against DBI in connection with any claim or cause of action, which results from or in connection with DBI complying with Employer’s specific written instruction to provide services in a manner other than in accordance with DBI’s standard procedures. ARTICLE 9 RETENTION AND RELEASE OF DATA, RECORDS, AND FILES Written and electronic records containing personal information are securely destroyed or deleted consistent with business needs or legal retention requirements. Per business records needs and associated retention and secure destruction periods, DBI retains a copy of all information, excluding emails or similar electronic communications destroyed in the ordinary course of business pursuant to DBI policy, for at least eight (8) years from the date created at DBI. Following the termination of this Agreement, DBI shall cooperate with Employer or Employer’s subsequent service provider to effect an orderly transition of services provided under this Agreement and, within a reasonable time, will release to Employer a copy of all data, records, and files in DBI’s standard format. Upon termination of this Agreement, DBI is entitled to retain a copy of all information including the data, records, and files to use and disclose such information for claims, audits, and legal and contractual compliance purposes to the extent permitted by law. ARTICLE 10 CONFIDENTIAL BUSINESS INFORMATION AND INTELLECTUAL PROPERTY (a) General Obligations For purposes of this Article 10, “confidential business information” shall mean any information identified by either party as “confidential” and/or “proprietary”, or which, under the circumstances, ought to be treated as confidential or proprietary, including non-public information related to the disclosing party’s business, employees, service methods, software, documentation, financial information, prices, and product plans. Neither DBI nor Employer shall disclose confidential business information of the other party. The receiving party shall use reasonable care to protect the confidential business information and ensure it is maintained in confidence, and in no event use less than the same degree of care as it employs to safeguard its own confidential business information of like kind. The foregoing obligation shall not apply to any information that: (i) is at the time of disclosure, or thereafter becomes, part of the public domain through a source other than the receiving party; (ii) is subsequently learned from a third party that does not impose an obligation of confidentiality on the receiving party; (iii) was known to the receiving party at the time of disclosure; (iv) was generated independently by the receiving party; or (v) is required to be disclosed by law, subpoena or other process. DBI may disclose Employer’s confidential business information to a governmental agency or other third party required by law to the extent necessary for DBI to perform its obligations under this Agreement or if Employer has given DBI written authorization to do so. Although DBI may have confidential business information processed, managed, and/or stored with subcontractors or third parties, it remains fully responsible to Employer for the confidentiality obligations set forth herein. Each party agrees that its obligations contained in this Article 10 apply also to its parent, subsidiary, and affiliated companies, if any, and to similarly bind all successors, employees and representatives. (b) Financial Statements and Audit Information If Employer requests access to certain financial statements and/or service organization control audit reports or other audit information of DBI for the purpose of reviewing the financial, operating, and business condition of DBI, and DBI agrees to provide such information, Employer’s acceptance of or access to such confidential information shall constitute its agreement with the following: • Employer will maintain the information (whether communicated by means of oral, electronic or written disclosures) in confidence and shall not use the same for its own benefit, or for any purpose other than the furtherance of its review, or disclose the same to any third party. • Employer may only disclose the information to its own officers and employees on a need-to- know basis for the purposes of its review. • If Employer is a state agency or otherwise subject to a freedom of information type statute, the information shall be treated as confidential and exempt from disclosure in accordance with the applicable law and the information contains sensitive proprietary business information and data defined as trade secret information that would not otherwise be publicly available and that disclosure of this information to the public, including DBI’s competitors, would likely result in substantial harm to DBI’s competitive positions and also contains confidential supervisory information and personal information relating to directors, officers, and major shareholders of DBI, the disclosure of which would constitute an unwarranted invasion of personal privacy. (c) Intellectual Property All materials, including, without limitation, documents, forms (including data collection forms provided by DBI), brochures, and online content ("Materials") furnished by DBI to Employer are licensed, not sold. Employer is granted a personal, non-transferable, and nonexclusive license to use Materials solely for Employer’s own internal business use. Employer does not have the right to copy, distribute, reproduce, alter, display or use these Materials or any DBI trademarks for any other purpose other than its own internal business use. Employer shall use commercially reasonable efforts to prevent and protect the content of Materials from unauthorized use. Employer’s license to use Materials ends on the termination date of this Agreement. Upon termination, Employer agrees to destroy Materials or, if requested by DBI, to return them to DBI, except to the extent Employer is required by law to maintain copies of such Materials. DBI retains exclusive ownership rights to and reserves the right to independently use its experience and know-how, including processes, ideas, concepts, and techniques acquired prior to or developed in the course of performing services under this Agreement. ARTICLE 11 TERM OF AGREEMENT (a) Duration The term of this Agreement shall commence as of the Effective Date and shall continue for a period of twelve (12) months (the “Initial Term”). (b) Renewal This Agreement shall automatically renew for another twelve (12) months at the end of the Initial Term and every twelve (12) months thereafter unless terminated pursuant to this Article 11. (c) Termination without Cause Notwithstanding the foregoing, this Agreement may be terminated at any time during the Initial Term or any renewal term by Employer or by DBI without cause and without liability with written notice of the intention to terminate to be effective as of a date set forth in the written notice not fewer than sixty (60) days from the date of such notice. (d) Automatic Termination and Termination with Cause (i) The Agreement shall automatically terminate: • If any law is enacted or interpreted to prohibit the continuance of this Agreement, upon the effective date of such law or interpretation; • If any monthly service fee remains unpaid to DBI beyond ten (10) days past the due date, upon written notification by DBI to Employer that DBI is exercising its option to enforce this provision; or • If at any time Employer fails to provide funds for the payment of benefits. (ii) If a party is in default under any provision of this Agreement other than a payment default, the other party may give written notice to the defaulting party of such default. If the defaulting party has not used good faith efforts to cure such breach or default within thirty (30) days after it receives such notice, or if good faith efforts to cure have begun within thirty (30) days but such cure is not completed within sixty (60) days after receipt of the notice, the other party shall have the right by further written notice (the “Termination Notice”) to terminate the Agreement as of any future date designated in the Termination Notice. (e) Fees or Charges All fees and charges that have accrued up to the date of termination shall be paid with in thirty (30) days after the date of termination. ARTICLE 12 COST OF SERVICES The service fees shall be payable in accordance with the fee schedule attached hereto. Fees are invoiced monthly and are due within thirty (30) days of the invoice date. If Employer fails to pay within sixty (60) days of the invoice date, and upon written request of DBI to the custodian, fees will be deducted directly from each HSA to which the fees relate, provided that no amount may be deducted from one HSA to cover the unpaid service fees from another HSA. Employer shall have thirty (30) days from the date of the invoice to correct the HSA participant count for credit or refund. The service fees are billed to Employee after termination of employment with Employer. If requested by Employer, the service fees can be charged to Employees, and withdrawn from the HSAs on or around the first of each month. This transaction will appear as a separate line item on the account. The fees cannot be charged to Employees if the service fees are part of a DBI solution or a monthly minimum fee. Notwithstanding the foregoing, DBI reserves the right to: • Charge Employer reasonable fees for the reproduction or return of records or reports requested by Employer or governmental agencies if the governmental agency has made the request on behalf of Employer or for reasonable fees charged by other parties for information reasonably required by DBI to perform its duties under this Agreement. • Charge fees for the provision of additional services that were neither included in nor contemplated by this Agreement on the Effective Date. • Charge for proprietary technology and services, including, but not limited to LEAP and Application Programming Interface (API) connections, if such charges are implemented on a nearly universal basis as a matter of policy. • Increase fees based on additional costs imposed on DBI, such as significant postal rate or bank fee increases or substantiated increased costs due to legislative or regulatory changes, domestic or foreign, actually incurred in performing its services. The service fees incorporate fees charged by the custodian. Upon thirty (30) days’ advance written notice to Employer, DBI may adjust the service fees to reflect any adjustment in the fees charged to DBI by the custodian. DBI shall provide Employer with reasonable prior written notice of such increases. On or after the rate expiration date indicated on the fee schedule, DBI reserves the right to amend the fee schedule with sixty (60) days’ advance written notice. If Employer is unwilling to accept the changes to the fee schedule, Employer may terminate this Agreement by providing notice to DBI no later than the effective date of the fee schedule amendment. Fees quoted assume that DBI standard software and systems will be compatible with Employer’s software and systems and with any prior service provider’s software and systems so that the services can be readily performed without any modifications or alterations of DBI’s software and systems. In the unusual event that costs are incurred by DBI to integrate the DBI Services with Employer’s software and systems and/or in migrating the data from the prior service provider to DBI’s systems, those costs may be charged separately on a time and materials basis or as otherwise provided under a separate agreement between the parties. ARTICLE 13 RED FLAGS RULE COMPLIANCE To the extent applicable, DBI shall comply with the Red Flags Rule with respect to the services provided by DBI under this Agreement that are covered by the Red Flags Rule as determined by DBI in its sole discretion. For purposes of this provision, “Red Flags Rule” means the regulations adopted by various federal agencies, including the Federal Trade Commission, in connection with the detection, prevention, and mitigation of identity theft, and located at 72 Fed. Reg. 63718 (November 9, 2007), as amended. As part of its Red Flags Rule compliance, DBI shall adopt, maintain, and use appropriate and commercially reasonable rules, procedures, and safeguards to detect and identify red flags and to prevent and mitigate identify theft as required by the Red Flags Rule. Such rul es, procedures, and safeguards shall be set forth in a written program (the “Red Flags Program”). DBI shall, upon request, make available to Employer a copy of its Red Flags Program. ARTICLE 14 LIMITATIONS, INDEMNIFICATION, AND INSURANCE (a) Notwithstanding any other provision in this Agreement to the contrary, the maximum total liability of DBI to Employer shall be limited to direct money damages in an amount not to exceed the dollar amount that is paid or payable to cover such liability under the insurance policy or policies provided for herein. In no event shall either party be liable to the other for consequential, special, exemplary, punitive, indirect or incidental damages, including, but not limited to, any damages resulting from loss of use or loss of profits arising out of or in connection with this Agreement, whether in an action based on contract, tort (including negligence) or any other legal theory whether existing as of the Effective Date or subsequently developed, even if the party has been advised of the possibility of such damages. In the event the foregoing is found to be invalid, in no event will DBI's liability for such damages exceed the fees paid by Employer for the services in the twelve-month period in which the cause of action occurred. This is Employer’s sole and exclusive remedy. No action under this Agreement may be brought by either party more than two (2) years after the cause of action has accrued. DBI and Employer expressly agree that the limitations of liability stated herein represents an agreed allocation of the risks of this Agreement between the parties. This allocation is reflected in the pricing offered by DBI to Employer and is an essential element of the basis of the bargain between the parties. (b) Subject to the limitations in this Article 14, DBI will indemnify, defend and hold harmless Employer (and its respective officers, directors, employees, representatives, successors, and permitted assigns) from and against any and all liability, damages, costs, losses, penalties, expenses and reasonable attorney fees (collectively, “Losses”) incurred by Employer in connection with any threatened, pending or adjudicated claim, demand, action, suit or proceeding by any third party to the extent arising out of DBI’s (i) fraudulent or criminal actions or omissions or (ii) material breach of this Agreement or of any executed or applicable business associate agreement between the parties. (c) To the extent permitted by law, Employer will indemnify, defend and hold harmless DBI (and its respective officers, directors, employees, representatives, successors, and permitted assigns) from and against any and all liability, damages, costs, losses, penalties, expenses and reasonable attorney fees (collectively, “Los ses”) incurred by DBI in connection with any threatened, pending or adjudicated claim, demand, action, suit or proceeding by any third party (including an action brought by or on behalf of an employee or a participant) to the extent arising out of Employer’s (i) fraudulent or criminal actions or omissions or (ii) material breach of this Agreement or of any executed or applicable business associate agreement between the parties. If Employer is a state agency or otherwise subject to a public entity/political subunit non-indemnification type statute and therefore unable to indemnify under this Agreement, DBI shall not be responsible for any injury or damage that occurs as a result of any negligent act or omission committed by Employer, including its employees or assigns. (d) The party seeking indemnification under (b) or (c) above must notify the indemnifying party within thirty (30) days in writing of any actual or threatened claim, demand, action, suit or proceeding to which it claims such indemnification applies. Failure to so notify the indemnifying party shall not be deemed a waiver of the right to seek indemnification, unless the actions of the indemnifying party have been materially prejudiced by the failure of the other party to provide notice within the required time period. The indemnifying party may (but is not required to) take steps to be joined as a party to any proceeding in which indemnification has been claimed, and the party seeking indemnification shall not oppose any such joinder. Whether or not such joinder takes place, the indemnifying party shall provide the defense with respect to Losses to which this Article 14 applies and in doing so shall have the right to control the defense and settlement with respect to such claims to the extent that the defense and settlement relates to the payment of monetary compensation. The party seeking indemnification may assume responsibility for the direction of its own defense at any time, in whole or in part, in which case the costs and expenses, including reasonable attorneys’ fees, of the defense shall become Losses subject to indemnification under this Article 14 by the indemnifying party. The party seeking indemnification may assume at any time, in whole or in part, the right to settle or compromise any Losses against it with the reasonable consent of the indemnifying party, and such settlement or compromise that relates to monetary compensation shall become Losses subject to indemnification under this Article 14 by the indemnifying party. (e) During the term of this Agreement, DBI shall maintain general liability insurance and professional/cyber liability insurance with policy limits of not less than $5,000,000 per occurrence and in the aggregate for the purpose of providing coverage for claims arising out of the performance of its services under this Agreement. DBI shall maintain a bond (or an insurance policy similar to a bond) for DBI and any of its employees who may collect, disburse or otherwise handle or have possession of any funds provided by Employer. Upon request, DBI shall provide Employer with a certificate or certificates of insurance reflecting such insurance coverages. ARTICLE 15 GENERAL (a) Neither Employer nor DBI will restrict the ability of HSA owners to move funds to another HSA beyond those restrictions imposed by the Code. (b) By executing this Agreement, the parties agree to extend the term of any Automated Clearing House (“ACH”) Agreement associated herewith to be coterminous with the term of this Agreement and to have such agreement be covered by the terms and provisions hereof. (c) From time-to-time and in compliance with applicable federal and state laws, DBI may monitor and/or record calls which are made to and from the customer service line for quality assurance and training purposes, and/or to ensure that DBI's services fully comply with the terms of this Agreement. DBI shall provide a customer service line toll-free number Monday through Friday Central Time Zone for use during DBI normal business hours: Clients 7:00 a.m. to 7:00 p.m. Participants 6:00 a.m. to 9:00 p.m. (d) DBI represents and warrants that it has implemented and maintains a written and comprehensive information security program and complies with all applicable law and regulation, including, without limitation, state privacy and data security law and regulation such as the Massachusetts Standards for the Protection of Personal Information of Residents of the Commonwealth (201 CMR 17.00). (e) DBI may delegate or subcontract any portion of DBI services to a third party. For those DBI services that are delegated or subcontracted, DBI shall remain fully responsible to Employer for compliance with all applicable provisions of this Agreement or any executed or applicable business associate agreement between the parties. No portion of DBI services shall be delegated or subcontracted to any third party located outside of the United States. (f) Employer acknowledges and agrees that the services provided by DBI pursuant to this Agreement relate to enrollment and disenrollment and that these services to the extent permitted under HIPAA shall be deemed to be performed by DBI on behalf of Employer in Employer’s capacity as the sponsor of an employee welfare benefit plan. Employer further acknowledges and agrees that DBI may use or disclose enrollment or disenrollment information that it receives from Employer with respect to a particular HSA participant to provide the HSA participant access to additional services at no cost to Employer. (g) Notwithstanding anything to the contrary contained herein, neither party shall be liable or deemed to be in default under or in breach of this Agreement for failure to perform or delay in the performance of any of their respective obligations under this Agreement to the extent that such failure or delay results from any act of God, military operation, terrorist attack, widespread and prolonged loss of use of the Internet, national emergency, government restrictions, or disruption of the financial markets. The affected party shall use all commercially reasonable efforts to remedy any inability to perform under this Agreement. (h) If either party fails to enforce any right or remedy under this Agreement, that failure is not a waiver of the right or remedy for any other breach or failure by the other party. (i) If any provision of this Agreement is found to be unenforceable or invalid, such determination shall not affect any other provision, each of which shall be construed and enforced as if such invalid or unenforceable provision were not contained herein, and the parties will negotiate a mutually acceptable replacement provision consistent with the parties’ original intent. (j) This Agreement shall be governed and interpreted by the laws of the State of Idaho. In the event of any conflict of laws, the laws of the State of Idaho shall prevail. (k) Excluding all matters pertaining to the collection of amounts due to DBI arising out of the services provided, the parties agree that as a precursor to any litigation, any dispute arising out of or related to this Agreement may be submitted to a mutually agreed upon American Arbitration Association (“AAA”) mediator for non - binding confidential mediation in a location mutually agreeable between the parties. Notwithstanding the foregoing, this provision shall not prevent either party from seeking injunctive relief (or any other provisional remedy) from any court having jurisdiction over the parties and the subject matter of their dispute relating to this Agreement. (l) Any notice required or permitted to be given under this Agreement shall be deemed delivered to the address set forth in this Agreement or such other physical or electronic address as specified by the party: (i) when received if delivered by hand; (ii) the next business day if placed with a reputable express carrier for delivery during the morning of the following business day; (iii) three (3) days after deposit in the U.S. mail for delivery, postage prepaid; or (d) when received if delivered electronically. DBI: 4321 20th Avenue South, Fargo, ND 58103, Attention: Chief Compliance Officer. (m) This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements and understandings regarding the subject matter hereof, whether written or verbal. Any amendment to this Agreement must be in writing and signed by authorized representatives of both parties. The provisions of this Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their heirs, assigns, and successors in interest. Nothing express or implied in this Agreement is intended to confer, and nothing herein shall confer upon any person other than the parties hereto, any rights, remedies, obligations or liabilities whatsoever. (n) This Agreement may not be assigned by either party without the prior written consent of the other unless in connection with a change in control, merger, acquisition or sale of all or substantially all of the party’s assets and provided that the surviving entity has agreed to be bound by this Agreement and has notified the other party in writing within thirty (30) days of the assignment. If consent is required, the parties shall not unreasonably withhold consent. (o) Those provisions that by their nature are intended to survive termination or expiration of this Agreement shall so survive. (p) The parties agree that in performing their responsibilities under this Agreement, they are in the position of independent contractors. This Agreement is not intended to create, nor does it create and shall not be construed to create, a relationship of partner or joint venture or any association for profit between Employer and DBI. (q) In the event of DBI’s resignation or inability to serve, Employer may appoint a successor. In such situations, the replacement of DBI shall be considered a termination of this Agreement, and the termination provisions of Article 11 shall remain effective and controlling. (r) Neither DBI nor Employer, when dealing with the other party in relation to the HSA Program, shall be obliged to determine the other party’s authority to act pursuant to this Agreement. (s) Employer may subscribe to DBI’s non-discrimination testing portal per the Discovery Teststm Subscription Addendum. DISCOVERY TESTS SUBSCRIPTION ADDENDUM Discovery Teststm (“Discovery Tests”) is DBI’s non-discrimination testing portal available on LEAPtm. To the extent Employer desires to access Discovery Tests for testing one or more of its Plans, the following additional provisions shall apply with respect to non-discrimination testing. 1 DBI Non-Discrimination Testing 1.1 Plan Testing The benefit plan or plans covered for services are limited to Premium Only Plan (POP), Premium Only Plan and Flexible Spending Account (POPFSA), Health Reimbursement Arrangement (HRA), and/or Self-Insured Medical Plan (SIMP), for which DBI provides access to Tests (individually and collectively, as the context may require, all of the foregoing shall be referred to as the “Plan”). 1.2 Test Templates DBI provides Employer non-exclusive, non-transferable, non-assignable right to access and use of Discovery Tests. 1.3 Non-Discrimination Testing Report DBI provides a final testing report with test results and recommendations for correcting failed Discovery Tests. The report is made available through Discovery Tests, which is a tool designed to help Employer evaluate Employer’s compliance with applicable domestic law and regulation. 1.4 Template Information Retention DBI deletes the data inputted or uploaded into Discovery Tests and the resulting completed templates ten (10) calendar days after submission by Employer. 1.5 Report Retention DBI retains the testing report for at least eight (8) years from the date the repo rt is created under this Addendum. 1.6 Disclaimers All templates are subject to periodic updates and revision. DBI does not insure or underwrite Employer’s liability to provide benefits under the Plan or provide services other than those stated in this Addendum. DBI is not liable nor will DBI use its own funds for payment of benefits under the Plan, including, without limitation, where such payment of benefits is sought as damages in an action against Employer, DBI or the Plan. 2 Employer Responsibilities 2.1 System of Record Employer’s HRIS/payroll system is the system of record for non-discrimination testing information. Employer must provide DBI with the information necessary to perform the standard non-discrimination testing services and in the file format required by DBI. 2.2 Compliance It is the sole responsibility of Employer to assure compliance with all legal reporting and disclosure requirements, including non-discrimination testing rules. 2.3 Authorized Users Employer shall not make Discovery Tests available to any person or entity other than its authorized users. Employer shall maintain a written, current list of authorized users and shall provide the list to DBI upon request. 2.4 Protection of Discovery Tests Employer agrees to take all reasonable steps to protect Discovery Tests from unauthorized copying, possession, access or use. Upon Employer becoming aware of any such unauthorized copying, possession, access or use, Employer shall promptly notify DBI and assist DBI in preventing the recurrence thereof, and shall cooperate with DBI in any litigation or proceedings reasonably necessary to protect its rights. 2.5 Secure Passwords Employer shall ensure that each authorized user maintains a secure password for its use of the testing portal and keeps its password confidential. Employer shall immediately notify DBI of any compromise of any secured password of any authorized user, and shall cooperate with DBI in any manner deemed reasonably necessary to protect its rights. 2.6 Viruses and Improper Materials Employer shall not knowingly access, store, distribute, upload, or transmit any viruses, or any material during the course of its use of Discovery Tests that is unlawful, harmful, threatening, defamatory, libelous, obscene, infringing, harassing or racially or ethnically offensive; promotes or facilitates any unlawful activity; depicts sexually explicit images; discriminates on the basis of nationality, race, gender, color, religious belief or other characteristic prot ected by applicable law; or causes damage or injury to any person or property. 2.7 Employer Data Employer owns all right, title and interest in and to and is solely responsible for the reliability, integrity, accuracy, quality, and lawfulness of data inputted and/or uploaded into Discovery Tests. DBI has no obligation to back up or archive any data and Employer is solely responsible therefor. 2.8 Test Results Employer acknowledges that any reports, test results, and all other information that Employer obtains as a result of using Discovery Tests is based solely on the data of Employer and/or its authorized users provided by or on behalf of Employer; DBI is not liable for any inaccuracies or invalid results or reports based on such data; and Employer expressly assumes all risk and liability with respect to its use and interpretation of such reports, results, and other information obtained from Employer’s use of Discovery Tests. Although Discovery Tests is a tool designed to help Employer evaluate Employer’s compliance with applicable domestic law and regulation, all legal, regulatory and administrative matters related in any way to Employer, its data, authorized users or its Plan, and the compliance of any of the foregoing with applicable domestic law, are the sole r esponsibility of Employer, and DBI has no liability or responsibility therefor. Employer further acknowledges and agrees that DBI does not provide legal or tax advice with respect to these matters and that Employer must obtain its own legal and tax advice pertaining in any way to such matters. 2.9 Employer Systems Employer is solely responsible for the maintenance and routine review of its computing and electronic system usage records (i.e., log files) and the security of its own data, data storage, computing devices, other electronic systems, and network connectivity. 2.10 Unauthorized Access Employer acknowledges and agrees that DBI is not liable to Employer, Employer’s employees or any other third party for any consequences, losses or damages resulting from unauthorized access to or use of its data while such data is housed on Employer’s data network. 3 Confidential Information and Intellectual Property 3.1 Confidentiality of Employer Data DBI shall maintain appropriate administrative, physical, and technical safeguards and security measures for protection of the confidentiality of Employer data and for the detection and prevention of unauthorized access to Employer data housed on DBI’s data network. DBI shall not disclose any Employer data except as compelled by law in accordance with this Section 3 or as expressly permitted in writing by Employer. DBI agrees that all Employer data shall be stored on computer servers located within the United States and shall not be transferred to any computer servers located outside of the United States without the prior written consent of Employer. 3.2 Information Security Each party agrees to use industry standard current firewall and virus-protection software. 3.3 Remedies upon Breach Each party agrees that the other party may have no adequate remedy at law if there is a breach or threatened breach of this Section 3 and, accordingly, that either party is entitled (in addition to any legal or equitable remedie s available to such party) to seek injunctive or other equitable relief to prevent or remedy such breach. 3.4 Ownership As between the parties, the parties agree that the confidential information of the other party is, and will remain, the property of such other party. The receiving party obtains no right, title, interest, or license in or to any of the confidential information of the disclosing party except for the rights expressly set forth in this Addendum. 3.5 No Return of Data Employer acknowledges that DBI has no obligation to maintain Employer data relating to this Addendum. Accordingly, DBI does not return any data to Employer or make any such data available for download by Employer after the termination or expiration of the Agreement. 4 Warranties and Remedies 4.1 Limited Warranties DBI warrants that Discovery Tests will perform materially in accordance with the data submitted and the functionality of Discovery Tests will not be materially decreased during the Term. 4.2 Exclusions Notwithstanding the foregoing, DBI does not warrant, and specifically disclaims, that Employer’s access to or use of Discovery Tests and the DBI Technology will be uninterrupted or error-free or that the information obtained by Employer through Discovery Tests will meet Employer’s requirements. Further, DBI is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of Employer data or any other data or information over communications networks and facilities, including the Internet, and Employer acknowledges that Discovery Tests and the resulting information may be subject to limitations, delays and other problems inherent in the use of such communications facilities. Employer further acknowledges that it is solely responsible for procur ing and maintaining its network connections and telecommunications links from its systems to DBI’s data center and all problems, conditions, delays, delivery failures, and all other loss or damage arising from or relating to Employer’s network connections or telecommunications links or that are caused by the Internet. 4.3 Exclusive Remedies Employer shall promptly notify DBI in writing of any nonconformity to the functionality described herein. DBI is not obligated to correct any such nonconformity if Employer fails to promptly notify DBI in writing, which notice must provide a detailed description of the specific existence and nature of the alleged nonconformity upon Employer’s discovery thereof. Provided the nonconformity giving rise to the warranty claim exists, Employer’s sole and exclusive remedy in relation to its access to Discovery Tests and DBI’s entire liability for any such conformity is as follows: DBI shall as promptly as practicable, and in any event within thirty (30) days after DBI’s receipt of Employer’s written notice if applicable, correct such nonconformity or provide Employer with a plan reasonably acceptable to Employer for correcting the nonconformity at DBI’s expense and in a reasonably timely fashion. If neither can be accomplished with reasonable commercial efforts from DBI, DBI will notify Employer, whereupon Employer may cancel the Discovery Tests subscription and return all materials and related documentation to DBI. If Employer elects not to cancel the subscription as provided in this Section 4.3, Employer waives all rights for the applicable breach of the warranty set forth herein. 4.4 Disclaimer of Warranty THE LIMITED WARRANTIES SET FORTH HEREIN CONSTITUTE THE ONLY WARRANTIES WITH RESPECT TO THE SERVICES, DISCOVERY TESTStm, AND THE DBI TECHNOLOGY. THE LIMITED WARRANTIES ARE IN LIEU OF, AND DBI SPECIFICALLY DISCLAIMS, ALL OTHER WARRANTIES, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. UPON ANY INTERRUPTION, DELAY OR FAILURE OF ACCESS TO DISCOVERY TESTStm AND THE DBI TECHNOLOGY, DBI’S SOLE OBLIGATION IS TO USE COMMERCIALLY REASONABLE EFFORTS T O CORRECT THE PROBLEM AND/OR RESUME SUCH ACCESS AS SOON AS PRACTICABLE. ADMINISTRATIVE SERVICES APPLICATION CITY OF MERIDIAN (“Employer”) hereby requests the administrative services indicated below (the “Services”) from Discovery Benefits, LLC (“DBI”). If not signed below prior to the date the Services commence, Employer’s consent to the terms and conditions set forth in the attached agreements (“the Agreement”) will be presumed and deemed to have been obtained upon submission of Employer data through the DBI portal, the DBI design guide or any other DBI authorized format. N/A Arrears Billing N/A COBRA N/A Direct Billing N/A Education Assistance Program X Health Savings Account N/A Premium Conversion Plan N/A Reimbursement Account N/A Non-Discrimination Testing Only / Discovery Tests™ Subscription _______________________________________________________________________________________________ N/A HIPAA Business Associate (acknowledged by the Employer as the sponsor on behalf of and as a representative of the group health plan or plans) SIGNATURE The Services shall be subject to the corresponding terms and conditions set forth in the Agreement, accepted and entered into as of 01/01/2020 (“Effective Date”). Employer Authorized Signature Name CITY OF MERIDIAN (31302) PAGE 1 OF 17 - ;.)/ %$ # . + + $ # # & 123( 4 35 /& & & ) & * 6 & 4 7 ) 6 & 8#4& &2 5 1- 4 % * *# $%9 9# + $%9* # *215 % $%+ # $%9 ## 6 % $%9 & # # 9# +& # 1 -: : , 1 1 CITY OF MERIDIAN (31302) PAGE 2 OF 17 �/rE IDIZ IAN? - CITY COUNCIL WORK SESSION AGENDA December 17, 2019 Agenda Item Number: 3 P Item Title: AP Invoices for Payment - 12/13/19 - $57,676.72 Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 3.P. Presenter: Estimated Time f or P resentation: 0 Title of I tem - AP Invoices for P ayment - 12/13/19 - $57,676.72 AT TAC HM E NT S: Description Type Upload D ate A P I nvoices for Payment Cover Memo 12/13/2019 Meridian City Council Meeting Agenda December 17, 2019 – Page 417 of 504 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 ADA CO TREASURER,LindaFischer Property tax for 615 NW 3rd 355.79 01 General Fund BANK OF AMERICA VISA November 2019 statement 607.37 01 General Fund KEVIN T. HOLMES K.Holmes education reimbursement 8/26-10/11/19 575.00 01 General Fund MASTERCARD 220/MC#2 Fire 11-29-19 Statement,7,592.88 01 General Fund MASTERCARD 220/MC#3 Fire 11-29-19 Statement,99.99 01 General Fund MASTERCARD 220/MC#4 Fire 11-29-19 Statement,123.51 01 General Fund MASTERCARD 220/MC#5 Fire 11-29-19 Statement,553.32 01 General Fund MASTERCARD Mastercard Public Works Statement 11/30/19 401.90 01 General Fund MASTERCARD MC City#3 Nov2019 statement 42.90 01 General Fund MASTERCARD MC City#6 november statement 628.00 01 General Fund MASTERCARD MC City#7 Nov2019 statement 2,500.00 01 General Fund MASTERCARD MC Clerk Nov2019 statement 810.57 01 General Fund MASTERCARD MC ComDev #0876 November statement 749.71 01 General Fund MASTERCARD MC ComDev (BS) #2 - 11/2019 3,065.73 01 General Fund MASTERCARD MC IT #0179 November statement 4,307.80 01 General Fund MASTERCARD MC Legal Nov2019 statement 49.00 01 General Fund MASTERCARD MC Mayor #2 #0769 November2019 Statement 118.71 01 General Fund MASTERCARD MC Parks #1 11/29/19 Statement -1,660.76 01 General Fund MASTERCARD MC Parks #2 11/29/19 Statement -512.42 01 General Fund MASTERCARD MC Parks #3 11/29/19 Statement -3,360.80 01 General Fund MASTERCARD Mc PD # 10 11/29/19 - Statement -881.00 01 General Fund MASTERCARD MC PD # 3 11/29/19 - Statement -2,303.32 01 General Fund MASTERCARD MC PD # 4 11/29/19 - Statement -767.33 01 General Fund MASTERCARD MC PD # 5 11/29/19 - Statement -57.51 01 General Fund MASTERCARD MC PD # 6 11/29/19 - Statement -1,724.69 01 General Fund MASTERCARD MC PD # 7 11/29/19 - Statement -2,685.31 01 General Fund MASTERCARD MC PD # 8 11/29/19 - Statement -1,279.63 01 General Fund MASTERCARD MC PD # 9 11/29/19 - Statement -191.44 01 General Fund MASTERCARD MC PD #2 11/29/19 - Statement -545.00 Total 01 General Fund 38,551.39 60 Enterprise Fund MASTERCARD Mastercard Public Works Statement 11/30/19 683.47 60 Enterprise Fund MASTERCARD MC Water November statement 1,423.51 60 Enterprise Fund MASTERCARD MC WW#0611 November 2019 Statement 4,802.29 60 Enterprise Fund TWELVE OAKS LLC Refund: Surety-2017-0005 Twelve Oaks Sub.12,216.06 Date: 12/13/19 10:25:52 AM Page: 1Meridian City Council Meeting Agenda December 17, 2019 – Page 418 of 504 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount Total 60 Enterprise Fund 19,125.33 Report Total 57,676.72 Date: 12/13/19 10:25:52 AM Page: 2Meridian City Council Meeting Agenda December 17, 2019 – Page 419 of 504 CjQ/rE IDIZIAN*,----DAHO CITY COUNCIL WORK SESSION AGENDA December 17, 2019 Agenda Item Number: 3 Q Item Title: AP Invoices for Payment - 12/18/19 - $3,072,681.55 Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 3.Q. Presenter: Estimated Time f or P resentation: 0 Title of I tem - AP Invoices for P ayment - 12/18/19 - $3,072,681.55 AT TAC HM E NT S: Description Type Upload D ate A P I nvoices for Payment Cover Memo 12/12/2019 Meridian City Council Meeting Agenda December 17, 2019 – Page 420 of 504 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 123 PROPERTY MANAGEMENT MC HR#0520 NOVEMBER CHARGES 4,921.22 01 General Fund ACROSS THE STREET PRODUCTIONS 220/ Blue Card online training - Brycyn Campbell 346.50 01 General Fund ADA COUNTY HIGHWAY DISTRICT ACHD Impact Fees November 2019 1,154,730.64 01 General Fund ADA COUNTY SHERIFF'S OFFICE MPD Inmate Housing for Nov 2019 89.99 01 General Fund ADVANCE AUTO PARTS credit on silicone - qty 1 (7.35) 01 General Fund ADVANCE AUTO PARTS credit on Ventrac v-belt - qty 1 (10.55) 01 General Fund ADVANCE AUTO PARTS Crossover Snowbroom 13.59 01 General Fund ADVANCE AUTO PARTS fuses for tractor - qty 1 2.09 01 General Fund ADVANCE AUTO PARTS headlight bulb for fleet truck 20 - qty 1 45.49 01 General Fund ADVANCE AUTO PARTS ice scrapers & snow brooms for Parks Shop - qty 10 72.86 01 General Fund ADVANCE AUTO PARTS lithium grease, anti seize compound, silicone - qty 6 34.54 01 General Fund ADVANCE AUTO PARTS paint & wiring supplies for trucks/light upgrades - qty 5 27.01 01 General Fund ADVANCE AUTO PARTS parts for Gravely UTV - qty 100 27.50 01 General Fund ADVANCE AUTO PARTS tire cleaner & protectant - qty 6 38.58 01 General Fund ADVANCE AUTO PARTS Ventrac belts - qty 2 21.10 01 General Fund ADVANCE AUTO PARTS Ventrac v-belts - qty 5 52.75 01 General Fund ADVANCE AUTO PARTS windshield wiper hose - qty 12 7.32 01 General Fund ADVANCE AUTO PARTS wiper blades & towels for trucks - qty 3 37.89 01 General Fund ADVANCED SYSTEMS GROUP Annual Maintenance Renewal - Veeam Backup & Replication Ente 7,920.00 01 General Fund AMAZING ATHLETES instructor fee - Amazing Athletes 10/16-11/20/19 x 9 460.80 01 General Fund AMERICAN DOOR SERVICE/MERIDIAN DOOR & HARDWARE Fix restroom handle at City Hall 290.00 01 General Fund ART ATTACK DESIGNS State of Idaho Display for PD Patches 182.00 01 General Fund BOE - Boise Office Equipment staples for copier exterior stapler - qty 1 48.50 01 General Fund BRIGHT IDEAS LIGHTING COMPANY 220/ Install LED pole lighting, Sta. #2 770.00 01 General Fund BRIGHT IDEAS LIGHTING COMPANY 220/ Install LED pole lighting, Sta. #4 1,540.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC 220/ MF043 Full Service 90.96 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Front Brakes and Oil change for Unit # 164 533.57 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC LOF, Tires, Alignment for Unit # 131 703.96 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change and Transmission Service for Unit # 157 155.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change for Unit # 104 65.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil change for Unit # 155 55.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change for Unit # 40 55.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Replace Isolator & Cable, Battery Warranty for Unit # 142 359.31 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Vehicle #3 Maintenance/Oil Change $ Tire Rotation C20825 55.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Wiper Blades for Unit # 153 37.28 01 General Fund BUCKS BAGS INC 220/ Hydra Bags(13), Tool Bags (8)615.00 Date: 12/12/19 02:07:00 PM Page: 1Meridian City Council Meeting Agenda December 17, 2019 – Page 421 of 504 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 BUILDERS FIRSTSOURCE 220/ Building materieals for training prop 304.84 01 General Fund COMMERCIAL TIRE 220/ MF027, Tires (4)946.96 01 General Fund D & B SUPPLY bungee parts for Christmas banners x 5; space heater x 1 46.74 01 General Fund D & B SUPPLY Coveralls for Detective 110.97 01 General Fund D & B SUPPLY Dog Food for K9 Dory 47.99 01 General Fund D & B SUPPLY Flashlight replacements for building inspectors 19.98 01 General Fund D & B SUPPLY hardware cloth for Parks Shop carport cover - qty 1 16.99 01 General Fund D & B SUPPLY paint & bolts for trucks/light upgrades - qty 13 26.25 01 General Fund D & B SUPPLY ratchet straps for truck 20 ice melt tank tie-downs - qty 1 23.79 01 General Fund D & B SUPPLY solder gun, rubber clamps, fasteners - qty 6 11.64 01 General Fund D & B SUPPLY spray paint for golf cart x 2; rakes/poop scoopers x 4 126.34 01 General Fund DAVID YOUNG Parks & Rec TI Project - Patch Paint 485.00 01 General Fund DISASTER KLEENUP 220/ Mitigation services for leat @ Sta. #5 1,362.98 01 General Fund DISASTER KLEENUP 220/ Repair services for leak @ Sta. #5 1,996.15 01 General Fund ERS, EMERGENCY RESPONDER SERVICES, INC. Install Push Bumper & Airhorn with PA on Unit # 80 1,237.00 01 General Fund ERS, EMERGENCY RESPONDER SERVICES, INC. Install Push Bumper & Airhorn with PA on Unit # 82 1,237.00 01 General Fund ERS, EMERGENCY RESPONDER SERVICES, INC. PA Mic Replacement, Warning Light Repairs, Mic Clip Unit#152 278.25 01 General Fund ERS, EMERGENCY RESPONDER SERVICES, INC. Repair Mic Clip, Warning Light & Spot Light for Unit # 159 153.00 01 General Fund FASTENAL COMPANY lag bolts for parade float - qty 25 4.92 01 General Fund FASTENAL COMPANY tapcon screws for Parks Shop - qty 100 23.20 01 General Fund FERGUSON ENTERPRISES INC.toilet repair parts for Settlers Park restrooms - qty 4 9.91 01 General Fund FERGUSON ENTERPRISES INC.wax ring for Settlers Park toilet replacement - qty 2 10.42 01 General Fund G & R AG PRODUCTS INC ice melt tank repair partsfor truck 15 - qty 2 520.08 01 General Fund G & R AG PRODUCTS INC spray parts for ice melt tanks - qty 34 184.08 01 General Fund GEOTEK, INC.20-0058 FY20 Commercial & Residential Bldg Insps 11/2019 20,625.00 01 General Fund HOME DEPOT CREDIT SERVICES 220/ Burn prop repair, Training - Boards, backer board 116.05 01 General Fund HOME DEPOT CREDIT SERVICES 220/ Nuts, bolts, elbow connects, washers 96.25 01 General Fund HOME DEPOT CREDIT SERVICES 220/ PSA prop, surge protector 27.95 01 General Fund HOME DEPOT CREDIT SERVICES 220/ Rope to repair halyard, E-34 15.60 01 General Fund HOME DEPOT CREDIT SERVICES 220/ Salvage kit items (bag & staples), T-31 15.54 01 General Fund HOME DEPOT CREDIT SERVICES 220/ Tools for tool box, E-36 25.97 01 General Fund HOME DEPOT CREDIT SERVICES 220/ Training supplies, Lock shackle pins (4), Smoke blower 59.96 Date: 12/12/19 02:07:00 PM Page: 2Meridian City Council Meeting Agenda December 17, 2019 – Page 422 of 504 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 HOME DEPOT CREDIT SERVICES 220/Part for E-36, door stop 3.24 01 General Fund HOME DEPOT CREDIT SERVICES 2x6 lumber for carport cover at Parks Shop - qty 8 67.44 01 General Fund HOME DEPOT CREDIT SERVICES 4-way connectors & electrical tape for snowflakes - qty 7 52.81 01 General Fund HOME DEPOT CREDIT SERVICES credit/sales tax reversal reference invoice 5024216 (188.12) 01 General Fund HOME DEPOT CREDIT SERVICES electrical tape for Christmas lights - qty 2 13.90 01 General Fund HOME DEPOT CREDIT SERVICES OSB for Parks Shop carport cover - qty 128 1,214.72 01 General Fund HOME DEPOT CREDIT SERVICES painting kits/supplies - qty 30 290.74 01 General Fund HOME DEPOT CREDIT SERVICES primer paint for Parks Shop - qty 12 59.76 01 General Fund HOME DEPOT CREDIT SERVICES restroom painting supplies - qty 12 365.59 01 General Fund HOME DEPOT CREDIT SERVICES soldering gun for Parks Shop - qty 1 39.97 01 General Fund HOME DEPOT CREDIT SERVICES white duct tape for parade floats - qty 3 22.71 01 General Fund HORIZON DISTRIBUTORS INC Kleiner Park Exmark clutch replacement 365.45 01 General Fund HULLFILM, LLC Virtual 3D Tour MPC/Black Cat Farm 2,000.00 01 General Fund IDAHO POST ACADEMY Training Registration for K. Caygle to Attend Rifle Instruct 400.00 01 General Fund IDAHO POWER 2200136188, Parks Power November 2019 12,042.39 01 General Fund IDAHO POWER 2203586629 Lights November Power 27,331.48 01 General Fund IDAHO PRESS-TRIBUNE Bach sub, Magical Minds daycare, Shelburne South Annexation 96.48 01 General Fund IDAHO PRESS-TRIBUNE Goddard creek Townhomes Percy Subdivision 98.20 01 General Fund IDAHO PRESS-TRIBUNE Idaho fine Arts Academy Rezone 165.52 01 General Fund IDAHO PRESS-TRIBUNE Parks & Rec Winter/Spring Activity Guide Class Fees 11/16/19 299.34 01 General Fund IMPACT PEST SERVICES vole control at Ten Mile Interchange on 11/15/19 250.00 01 General Fund IMPACT PEST SERVICES vole control at Ten Mile Interchange on 11/26/19 250.00 01 General Fund INTERMOUNTAIN GAS 09816230008 November 2019 5,030.84 01 General Fund INTERNATIONAL CODE COUNCIL '15 IBC Accessibility Webinar J Shane 39.00 01 General Fund INTERNATIONAL CODE COUNCIL '15 IBC Accessibility Webinar K. Pitt 39.00 01 General Fund INTERNATIONAL CODE COUNCIL 2012 IMC online Code book PDF 61.50 01 General Fund INTERNATIONAL CODE COUNCIL 2020 ICC City of Meridian Membership dues 240.00 01 General Fund INTERSTATE ALL BATTERY CENTER AA, AAA, D batteries - qty 6 53.40 01 General Fund INTERSTATE ALL BATTERY CENTER battery for fleet truck 8 - qty 1 165.39 01 General Fund INTERSTATE ALL BATTERY CENTER trailer break-away battery - qty 1 23.50 01 General Fund LEA ELECTRIC, LLC.Install receptacle for TV in IT Department per quote to Bill 255.00 01 General Fund MODERN PRINTERS #10 Window Envelopes Qty. 5000 272.00 01 General Fund MODERN PRINTERS Business Cards for S. Galbreaith 53.00 01 General Fund MODERN PRINTERS Business Cards, Invoices, Forms & Stickers 1,668.00 01 General Fund MODERN PRINTERS Mechanical Inspector Tags 644.00 Date: 12/12/19 02:07:00 PM Page: 3Meridian City Council Meeting Agenda December 17, 2019 – Page 423 of 504 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 MOTIONS DANCE STUDIO instructor fee - Dazzle/Dance, Cheer 10/29-11/22/19 x 45 1,268.00 01 General Fund MUNICIPAL EMERGENCY SVCS 220/ SCBA flow test & console gauge 268.00 01 General Fund MUNICIPAL EMERGENCY SVCS 220/ SCBA flow tests (4)280.00 01 General Fund NAPA AUTO PARTS 220/Oil Dry, qty 44, all stations 351.12 01 General Fund NAPA AUTO PARTS floor jack for Discovery Park - qty 1 199.99 01 General Fund NAPA AUTO PARTS Hitch Mount for Ranger or Other to Move Bait Trailer 33.99 01 General Fund NAPA AUTO PARTS parts for Gravely UTV - qty 10 15.46 01 General Fund NAPA AUTO PARTS Washer Fluid for Stock 16.14 01 General Fund NATURES CHOICE aquatic weed control at Kleiner, Heroes, Settlers, & Fuller 750.00 01 General Fund NUTRIEN AG SOLUTIONS, INC.20-0110 fall fertilizer for all parks - qty 34,280 lbs 5,986.39 01 General Fund NUTRIEN AG SOLUTIONS, INC.20-0110 fall fertilizer for all parks - qty 6,940 1,928.67 01 General Fund NUTRIEN AG SOLUTIONS, INC.20-0110 fall fertilizer for all parks - qty 7,363.65 2,278.80 01 General Fund O'REILLY AUTO PARTS RTV silicone for Kleiner Park splash pad - qty 2 27.98 01 General Fund OFFICE DEPOT, INC.220/batteries, sheet protectors, dividers 32.81 01 General Fund OFFICE DEPOT, INC.220/Binder, tape, dividers, letter file holder 30.76 01 General Fund OFFICE DEPOT, INC.220/Binders (6)27.36 01 General Fund OFFICE DEPOT, INC.220/extra wide binder 10.56 01 General Fund OFFICE DEPOT, INC.Batteries, busness cards 5371, and white out 38.80 01 General Fund OFFICE DEPOT, INC.copy paper, laminating film, post-it notes - qty 6 111.57 01 General Fund OFFICE DEPOT, INC.fastener for parade float - qty 3 pkgs 10.77 01 General Fund OFFICE DEPOT, INC.Office Suppllies: Paper, Rubber Bands, Legal pads, pens 88.86 01 General Fund OFFICE DEPOT, INC.pencils, duct tape, dust air can, sheet protectors, desk pad 79.83 01 General Fund OFFICE DEPOT, INC.pens, highlighters & mouse pad 146.13 01 General Fund OFFICE DEPOT, INC.Planner/Organizer 21.10 01 General Fund OFFICE DEPOT, INC.Red Pens, 3 Desk Calendars 23.26 01 General Fund OFFICE DEPOT, INC.report cover, sharpie - qty 2 18.09 01 General Fund OFFICE DEPOT, INC.staple remover - qty 1 3.60 01 General Fund OFFICE DEPOT, INC.thumbdrive - qty 2 59.98 01 General Fund OFFICE TEAM 20-0134 w/e 11/22 Shirley Lambright Records Retention 475.20 01 General Fund OFFICE VALUE - MERIDIAN Batteries for PSTC, Pens, USB's for PD 181.18 01 General Fund OFFICE VALUE - MERIDIAN Credit for USB's Returned, wrong ones 1-3pk (35.51) 01 General Fund OFFICE VALUE - MERIDIAN Ink Cartridges, Toner, USB's, Bubble Mailers & Paper 1,066.59 01 General Fund OFFICE VALUE - MERIDIAN USB's for Records Qty. 1-2pk 30.99 01 General Fund OGLETREE, DEAKINS, NASH, SMOAK, & STEWART Fire Arbitration Matter Thru 10/31/19 2,294.00 01 General Fund PLATT ELECTRIC SUPPLY Duct seal for drinking fountain in the lobby area 4.21 Date: 12/12/19 02:07:00 PM Page: 4Meridian City Council Meeting Agenda December 17, 2019 – Page 424 of 504 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 PLATT ELECTRIC SUPPLY Light Switch for Reports Room in Patrol 10.09 01 General Fund PLATT ELECTRIC SUPPLY Sallyport Ballasts 41.28 01 General Fund PUBLIC AGENCY TRAINING COUNCIL Training Registration - S. Arnold to Attend Use of Force 525.00 01 General Fund RICOH USA, INC C86243698 Color, Black & White Copies 11/1/19-11/30/19 96.44 01 General Fund RICOH USA, INC C86243745 Print Copy 11/2019 - 699 Blk/710 Color 54.89 01 General Fund RICOH USA, INC Copier Addt'l Images CID-Nov 2019 C86172157 257.21 01 General Fund RICOH USA, INC Copier Addt'l Images for CODE Nov 2019 C86172509 13.06 01 General Fund RICOH USA, INC Copier Addt'l Images for Records Nov 2019 C86172112 45.40 01 General Fund RICOH USA, INC Copier Addt'l Images Patrol-Nov 2019 C86172150 246.58 01 General Fund RICOH USA, INC Copier for Comm Svc, Addtl images for Nov 2019 26.11 01 General Fund RICOH USA, INC Copier in Lt. Hallway C86216993, Addtl images Nov 2019 109.11 01 General Fund RICOH USA, INC Copier PSTC Addtl Images for Nov 2019 C86247349 261.77 01 General Fund RICOH USA, INC IMC4500-November Copies 248.07 01 General Fund RMT EQUIPMENT 20-0037 Ventrac turbine blower x 2; Ventrac broom x 1 14,738.75 01 General Fund ROGERS TIRE PROS AND AUTO CARE fleet truck 2 snow tires & oil change - license C17280 992.77 01 General Fund SAM BROWN SHIELDS INC 220/ Passport tags for turnouts (37)701.00 01 General Fund SAUL MINEROFF ELECTRONICS Covert Audio Recording Keyfob 695.00 01 General Fund SHANNON LIND instructor fee - Gentle Movement Stretch 11/6-11/20/19 x 5 84.00 01 General Fund SHRED-IT USA, LLC.220/ Paper shredding, Admin & Sta. 2 68.63 01 General Fund SHRED-IT USA, LLC.Finance,Clerks,MUBS,Water Doc Shred November 2019 115.50 01 General Fund SHRED-IT USA, LLC.Shredding Documents for PD 11/7/19 155.58 01 General Fund SIGNS, ETC Custom vinyl wrap for traffic box at corner of main and fran 524.00 01 General Fund SIGNS, ETC lettering for Lanark Parks Shop door 28.00 01 General Fund SPARKLIGHT 220/ Equipment Rental, Sta. #1, 12/1-12/31/19 6.12 01 General Fund SPARKLIGHT 220/ Equipment rental, Sta. 3 12/1-12/31/19 6.12 01 General Fund SPARKLIGHT 220/ Internet and Phone, Safety Center, 12/1-12/31/19 153.39 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 20-0120 220/MF008, repair, batteries failed 651.77 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 20-0120 220/MF014, repair MDT Connection, drafting issue 204.00 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 20-0120 220/MF014, repair reverse lite,air leak, oil leak 3,918.85 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 20-0120 220/MF021, repair turn signal, door open warning 409.99 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 20-0120 220/MF037, repair coolant leak 429.44 Date: 12/12/19 02:07:00 PM Page: 5Meridian City Council Meeting Agenda December 17, 2019 – Page 425 of 504 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 STAR FIRE DISTRICT MAINTENANCE DIVISION 20-0120 220/MF037, repair water leak 178.50 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 20-0120 220/MF040, repair front brakes 2,288.77 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 20-0120 220/MF040, repair headlites,coolant, knox 2,742.95 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 20-0120 220/MF041, Prev Mtnc 1,130.10 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 20-0120 220/MF041, repair, comp lites, warning lites 3,890.71 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 20-0120 220/Prev Mtnc MF040 989.90 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 20-0120 220/Prev Mtnc MF046 1,368.19 01 General Fund SUN STATE INDUSTRIAL SUPPLY gloves & safety vests - qty 24 784.45 01 General Fund SUNBELT RENTALS mini telehandler for parade floats 11/19-11/20/19 350.36 01 General Fund SYNCB/AMAZON 436459736643; 220/Mr. Coffee 12 cup Coffee maker 31.76 01 General Fund SYNCB/AMAZON 449456863568; doc holders for vehicle visors - qty 35 350.00 01 General Fund SYNCB/AMAZON 463995897758; (ISC)2 CISSP CertInfo Sys Security 58.48 01 General Fund SYNCB/AMAZON 537653887988; Syn Dig Comp for Plantronics C054 Wireless Hea 16.44 01 General Fund SYNCB/AMAZON 636783675993; Screen cleaner Kit, Mosiso Laptop Shoulder Bag 34.55 01 General Fund SYRINGA NETWORKS, LLC 20-0040 Dark Fiber (4 Strands)1,150.00 01 General Fund SYRINGA NETWORKS, LLC Internet B/W (100MB)790.00 01 General Fund THE CAR PARK Courthouse Parking November 2019 103.00 01 General Fund THE TURF CORPORATION sod for Renaissance Park artwork area - qty 600 206.00 01 General Fund TRANE U.S. INC.Credit Memo for Invoice 310356708 (2,698.00) 01 General Fund TRANE U.S. INC.Yearly scheduled maintenance inspectiion for CH Chiller 2,617.06 01 General Fund TRANE U.S. INC.Yearly scheduled maintenance inspection for CH Chiller 2,698.00 01 General Fund TREASURE VALLEY COFFEE Coffee, Tea, Hot Choco, Cream, Sugar, Stir Sticks, Cups 328.84 01 General Fund UNIFORMS 2 GEAR 20-0068 220/ Class B Shirts (50)5,737.50 01 General Fund UNIFORMS 2 GEAR 20-0068 220/ Sofshell Liners (17)1,025.41 01 General Fund UNIFORMS 2 GEAR 20-0068 220/ Softshell Liners (2)223.41 01 General Fund UNIFORMS 2 GEAR 20-0068 220/ Uniform Pants (10)1,190.77 01 General Fund UNIFORMS 2 GEAR 20-0068 220/ Winter Coat (1)278.30 01 General Fund UNIFORMS 2 GEAR 20-0068 220/ Winter Coats (2)550.60 01 General Fund UNIFORMS 2 GEAR Credit for Belt & Pants Returned (242.10) 01 General Fund UNIFORMS 2 GEAR Credit for Returned OC (Inv#97433)(1,548.00) 01 General Fund UNIFORMS 2 GEAR OC for issued Canisters - Returned 1,548.00 Date: 12/12/19 02:07:00 PM Page: 6Meridian City Council Meeting Agenda December 17, 2019 – Page 426 of 504 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 UNIFORMS 2 GEAR OC Spray Replacement Canisters Qty. 100 1,548.00 01 General Fund USSSOA 20-0048 volleyball officials for games 11/18-11/22/19 x 63 1,435.36 01 General Fund WAHOOZ FAMILY FUN ZONE All Employee Meeting-November 2019 5,596.00 01 General Fund WEIDNER & ASSOCIATES 19-0253 220/ Diesel Exhaust Stystem - Sta. 3 - Final Payment 4,375.69 01 General Fund WEIDNER & ASSOCIATES 19-0253 220/ Diesel Exhaust System - Sta. 1 - Final Payment 4,375.69 01 General Fund WEIDNER & ASSOCIATES 19-0253 220/ Diesel Exhaust System - Sta. 2 Final 4,375.69 01 General Fund WEIDNER & ASSOCIATES 19-0253 220/ Diesel Exhaust System - Sta. 5 - Final Payment 4,375.69 01 General Fund WEIDNER & ASSOCIATES 19-0253 220/ Disel Exhaust System - Sta. 4 - Final Payment 4,375.69 01 General Fund WEX BANK INC #0496-00-332449-8, 11/30/2019_WEX_Bank 30,777.37 01 General Fund WIENHOFF & ASSOCIATES, INC Drug/Alcohol Testing-Annual Consortium membership 150.00 01 General Fund XEROX CORPORATION - PASADENA BOW-588861 220/ Rental fee 10/1-10/30/19 - Copier 362.59 01 General Fund XEROX CORPORATION - PASADENA Xerox 7845 base fee for November 2019; MX4-506016 269.24 Total 01 General Fund 1,392,474.16 20 Grant Fund governmental IDAHO PRESS-TRIBUNE Legal Notice CAPER Public Notice 93.03 20 Grant Fund governmental MERIDIAN DEVELOPMENT CORPORATION CDFA14.253; Reimb for Sidewalk Procurem. Costs Thru 10/28/19 85,179.86 20 Grant Fund governmental THE LAMAR COMPANIES Hands Free Ordinance Billboard (Digital) 11/25/19-12/22/19 3,400.00 Total 20 Grant Fund governmental 88,672.89 60 Enterprise Fund 2463 GALA LLC Refund:Surety-2017-0104 NW Neurobehavioral Health Associates 4,894.89 60 Enterprise Fund ADVANCE AUTO PARTS Wiper Blades, C19573, WO#275513, Qty 2 33.48 60 Enterprise Fund BACKFLOW SUPPLY Backflow 3/4in Complete Rebuild Kit, Qty 1 108.10 60 Enterprise Fund BILLING DOCUMENT SPECIALISTS 20-0004 FY20 IVR Phone Services Nov 19 2,243.00 60 Enterprise Fund BILLING DOCUMENT SPECIALISTS 20-0004 FY20 Lockbox Payment Processing Nov 2019 1,619.28 Date: 12/12/19 02:07:00 PM Page: 7Meridian City Council Meeting Agenda December 17, 2019 – Page 427 of 504 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 BILLING DOCUMENT SPECIALISTS 20-0004 FY20 Statement & Delinquent Notice Proc Svc Nov 19 13,373.55 60 Enterprise Fund BRIGHTON DEVELOPMENT Refund:Surety-2017-0132 TM Crossing Sub. No1 73,182.15 60 Enterprise Fund CHARLES & KRISTEN SKINNER REFUND WT/S/T: 4165 W DALY LN CUSTOMER PAID AFTER CLOSING 48.20 60 Enterprise Fund CONSURCO INC Labor for acid stain fix on flooring in Lab 310.00 60 Enterprise Fund CORE & MAIN LP 5ft Clow Medallion Hydrant, Qty 1 2,004.00 60 Enterprise Fund CORE & MAIN LP PRV Repair Kit, CRD Repair Kit, Qty 10 3,385.92 60 Enterprise Fund CS2, LLC Refund:Surety-2016-0100,Creason Creek Sub. No1 32,049.10 60 Enterprise Fund CUE'S INC Labor & parts to repair/service camera on CCTV Van 2 (6 hrs) 1,683.76 60 Enterprise Fund CUE'S INC Refused delivery of wheels for CCTV camera (6 qty)(1,831.72) 60 Enterprise Fund CUE'S INC Wheels for CCTV camera (6 qty)1,831.67 60 Enterprise Fund D & B SUPPLY Cold Weather Jackets, D. Case, S. Pehrson, Qty 2 209.98 60 Enterprise Fund D & B SUPPLY Gloves for M. Jones, B. Standley, T. Hyslop and B. Arte 117.96 60 Enterprise Fund D & B SUPPLY Ice melt spreader (1 qty)199.99 60 Enterprise Fund D & B SUPPLY Utility rope & 1/4 inch quick link (2 qty)12.48 60 Enterprise Fund DEWEY & DONNA AMOS REFUND WT/S/T: 2432 S RIVER DOWNS PL CUSTOMER PAID AFTER CLO 43.10 60 Enterprise Fund DRISAN & SABRENA JAMES REFUND WT/S/T: 6630 N TREE HAVEN WAY CUSTOMER PAID AFTER CLO 119.24 60 Enterprise Fund DSC REFUND WT/S/T: 1912 W HENDRICKS CT DUMPSTER DEPOSIT REFUNDED 178.29 60 Enterprise Fund DUBOIS CHEMICALS INC 20-0009 Defoamer tote (2,200 lbs)2,640.00 60 Enterprise Fund EUROFINS EATON ANALYTICAL LLC PO#20-0006, UCMR IV Sampling @ Well 12, WO#GP17794 298.00 60 Enterprise Fund EUROFINS EATON ANALYTICAL LLC PO#20-0006, UCMR IV Sampling @ Well 16B & 16C, WO#GP17794 468.00 Date: 12/12/19 02:07:00 PM Page: 8Meridian City Council Meeting Agenda December 17, 2019 – Page 428 of 504 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 EUROFINS EATON ANALYTICAL LLC PO#20-0006, UCMR IV Sampling, WO#GP17794 400.00 60 Enterprise Fund EUROFINS EATON ANALYTICAL LLC PO#20-0007, Compliance Sampling DBP 3rd Qtr, WO#17372 840.00 60 Enterprise Fund FASTENAL COMPANY 5/8in Brass Hex Nut, Qty 200 306.00 60 Enterprise Fund FASTENAL COMPANY 5/8in SS Flat Washers, Qty 350 1,545.25 60 Enterprise Fund FERGUSON ENTERPRISES INC.3/4in PVC Meter Union Adapter, OCCT @ Well 19 475.56 60 Enterprise Fund FERGUSON ENTERPRISES INC.Loose ring flange (1 qty)51.04 60 Enterprise Fund FERGUSON ENTERPRISES INC.Meter Reading Equipment Repair, Qty 1 409.16 60 Enterprise Fund FISHER SCIENTIFIC Acetone (1 cs)73.49 60 Enterprise Fund HACH COMPANY Assy,PHD&NH4D Flow Cell,Digital PH&ORP Sensor,Qty 4 3,478.67 60 Enterprise Fund HALENA LEE REFUND WT/S/T: 515 BLUE HERON ST TITLE COMPANY OVERPAID 52.14 60 Enterprise Fund HOME DEPOT CREDIT SERVICES Bushing, Nipple, Ball Valve, Tee, Cplng, El,OCCT, Qty 14 15.88 60 Enterprise Fund HOME DEPOT CREDIT SERVICES CE Winged Wire Connectors, 3/4in Electrical Tape, Qty 2 8.23 60 Enterprise Fund HOME DEPOT CREDIT SERVICES Husky Knee Pads, Qty 1 37.07 60 Enterprise Fund HOME DEPOT CREDIT SERVICES PVC cutter (1 qty)13.98 60 Enterprise Fund HOME DEPOT CREDIT SERVICES Screwdriving set 50 pc (1 qty)19.97 60 Enterprise Fund HOME DEPOT CREDIT SERVICES Shovels, buckets, & hook (23 qty)184.44 60 Enterprise Fund HOME DEPOT CREDIT SERVICES Supply lines to install faucets (14 qty)82.28 60 Enterprise Fund IDAHO POWER 2202131047, WWTP Power - November 2019 38,257.37 60 Enterprise Fund IDAHO POWER 2204228288, Water Power November 2019 25,830.01 60 Enterprise Fund IDAHO PRESS-TRIBUNE Invite to Bid: Water & Sewer Main Replacement 109.08 Date: 12/12/19 02:07:00 PM Page: 9Meridian City Council Meeting Agenda December 17, 2019 – Page 429 of 504 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 IDAHO PRESS-TRIBUNE Req for Proposals Landscape Maintenance Legal Ad 130.34 60 Enterprise Fund INTERMOUNTAIN BUILDING MAINTENCE REFUND WT/S/T: 264 NW 13TH PL DUMPSTER DEPOSIT REFUNDED 30.53 60 Enterprise Fund INTERMOUNTAIN GAS 09450220935 November 2019 200.36 60 Enterprise Fund INTERMOUNTAIN GAS 09816230008 November 2019 8,586.18 60 Enterprise Fund INTERSTATE ALL BATTERY CENTER AAA batteries (1 bx)8.20 60 Enterprise Fund INTERSTATE ALL BATTERY CENTER Battery for Vac Trailer, A15767, Qty 1, WO#275083 140.30 60 Enterprise Fund JEREMY BARNES Reimb:J.Barnes,Final Exam & CDL Lic 142.20 60 Enterprise Fund JOHN & KA MAN SCHOETTGER REFUND WT/S/T: 735 E HAVASUPAI ST TITLE COMPANY OVERPAID 40.54 60 Enterprise Fund LASONDRA ATTEBERY REFUND WT/S/T: 1112 NW 1ST ST TITLE COMPANY OVERPAID 107.26 60 Enterprise Fund LONE STAR CONSTURCTION REFUND WT/S/T: 3597 E MONARCH SKY LN DUMPSTER DEPOSIT REFUND 386.97 60 Enterprise Fund MARCOS HERNADEZ Reimb:M.Hernandez,IBOL Testing, CWI IBOL Fee 87.00 60 Enterprise Fund MARK MASON REFUND WT/S/T: 5095 N ARLISS AVE CUSTOMER PAID AFTER CLOSING 57.33 60 Enterprise Fund MARK ROMBAL REFUND WT/S/T: 2092 W FIELDSTREAM DR TITLE COMPANY OVERAPAID 37.84 60 Enterprise Fund MCMASTER-CARR SUPPLY COMPANY Air filters for HVAC pump room at S. Black Cat ls 219.46 60 Enterprise Fund MCMASTER-CARR SUPPLY COMPANY Air filters for HVAC, wet well, at S. Black Cat lift station 219.46 60 Enterprise Fund MINUTEMAN, INC.Falcon Lever, Entry @ Blackrock Booster Station, Qty 1 140.00 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Discs to clean pump for filter 3 repair (2 qty)21.52 60 Enterprise Fund NORCO Argon gas for welder 167.49 60 Enterprise Fund O'REILLY AUTO PARTS Antifreeze (1 gal)13.99 60 Enterprise Fund O'REILLY AUTO PARTS Floor dry for chemical bldgs (10 qty)84.90 Date: 12/12/19 02:07:00 PM Page: 10Meridian City Council Meeting Agenda December 17, 2019 – Page 430 of 504 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.Name badges, 1/2 in, 1 in and 1 and 1/2 in binders, scissors 116.28 60 Enterprise Fund OFFICE DEPOT, INC.Planner Qty.1 22.99 60 Enterprise Fund OFFICE TEAM PW Temp Receptionist: R. Crespin Week Ending 11/22/2019 237.60 60 Enterprise Fund OFFICE TEAM PW Temp Receptionist: R. Crespin Week Ending 11/29/19 79.20 60 Enterprise Fund OFFICE VALUE - MERIDIAN Regualr Envelopes, Qty 1 11.85 60 Enterprise Fund PLATT ELECTRIC SUPPLY 4-lamp electronic ballast (1 qty)16.58 60 Enterprise Fund PLATT ELECTRIC SUPPLY Double shield expansion anchors & drill bits (52 qty)32.90 60 Enterprise Fund PLATT ELECTRIC SUPPLY Misc Electrical Fittings, VFD Install @ Well 12, Qty 7 65.53 60 Enterprise Fund PLATT ELECTRIC SUPPLY Parts to add outlet in Ops bldg for new microwave (3 qty) 31.00 60 Enterprise Fund POSTNET Backflow Jan 1st Reminder Letters, Batch 1047, Qty 422 175.60 60 Enterprise Fund POSTNET Backflow Nov 1st Final Letters, Batch 1045, Qty 152 78.55 60 Enterprise Fund POSTNET Backflow Nov 1st Reminder Letters, Batch 1045, Qty 442 183.35 60 Enterprise Fund POSTNET Backflow Oct 1st Final Letters, Batch 1044, Qty 112 94.65 60 Enterprise Fund REPUBLIC SERVICES - TRANSFER STATION Biosolid disposal for Nov 2019 15,979.08 60 Enterprise Fund REPUBLIC SERVICES, INC.Republic Trash Services November 2019 1,333,976.38 60 Enterprise Fund RICOH USA, INC C86232612 C86232690 B/W & Color pages Env and PW Printers 169.01 60 Enterprise Fund RICOH USA, INC C86234082 b/w (782 qty) & color (364 qty) images 28.98 60 Enterprise Fund RICOH USA, INC C86236263 b/w (259 qty) & color (809 qty) images 52.28 60 Enterprise Fund RICOH USA, INC C86242095 b/w (812 qty) & color (880 qty) images 50.66 60 Enterprise Fund RICOH USA, INC SN#C86250182, Black & White & Color Copies, Qty 6596 166.15 Date: 12/12/19 02:07:00 PM Page: 11Meridian City Council Meeting Agenda December 17, 2019 – Page 431 of 504 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 ROBERTSON SUPPLY, INC.Connector Kits for OCCT Study, Qty 8 504.00 60 Enterprise Fund ROBERTSON SUPPLY, INC.Grundfos DDA Metering Pump, Qty 1 3,103.47 60 Enterprise Fund ROBERTSONS, LLC Shaft & bearing for HVAC exhaust fan in UV (2 qty)187.00 60 Enterprise Fund ROCKY MOUNTAIN VALVES & AUTOMATIONS, INC. 4 plug valve to use for startup & then stock (1 qty)995.00 60 Enterprise Fund SHEILA LINCOLN REFUND WT/S/T: 3233 W GRAND RAPIDS DR CUSTOMER PAID AFTER CL 49.56 60 Enterprise Fund SHRED-IT USA, LLC.Finance,Clerks,MUBS,Water Doc Shred November 2019 97.65 60 Enterprise Fund SPECIALTY CONSTRUCTION SUPPLY Pre Mix Concrete, 80# Bag, Qty 42 250.50 60 Enterprise Fund SPECIALTY PLASTICS & FAB, INC Flaring Tool, OCCT Study, Qty 1 275.00 60 Enterprise Fund SPECIALTY PLASTICS & FAB, INC PFA Tubing, PVC Elbow, Nipple,Labcock Valve, OCCT, Qty164 970.22 60 Enterprise Fund SPECIALTY PLASTICS & FAB, INC PVC for pump station installation (100 ft & 8 qty)250.48 60 Enterprise Fund SPECIALTY PLASTICS & FAB, INC Tube Adapter, FPT PVDF, Female Cam, Camlock Plug, OCCT,Qty22 613.39 60 Enterprise Fund STROTH GENERAL REFUND WT/S/T: 2012 E EAGLE RD DUMPSTER DEPOSIT REFUND 56.00 60 Enterprise Fund SYNCB/AMAZON 468563764677; Wireless Airpods and Case, Qty 2 171.97 60 Enterprise Fund SYNCB/AMAZON 765938654564; Coveralls for DDeighton (1 qty)103.04 60 Enterprise Fund SYNCB/AMAZON 798955653568; Stylus Pen, Gel Pens, Qty 2 30.02 60 Enterprise Fund SYNCB/AMAZON 799836767995; Space Heater, Tea for Breakroom, Qty 3 105.40 60 Enterprise Fund SYNCB/AMAZON 864934637834; Calendar and pack of 11X17 Manila folders 60.26 60 Enterprise Fund SYNCB/AMAZON 944377679584; Ret coveralls for DDeighton-wrong size (1 qty) (105.99) 60 Enterprise Fund SYNCB/AMAZON 947845378647; Fauc for bathrms in Ops & Lab bldgs (9 qty) 719.91 60 Enterprise Fund TELANSWER, INC 12/1/19-12/31/19, After Hours Service 364.00 Date: 12/12/19 02:07:00 PM Page: 12Meridian City Council Meeting Agenda December 17, 2019 – Page 432 of 504 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 Shipping of CCTV Van 2 camera to CUES for repair/service 334.97 60 Enterprise Fund ULINE, INC.Trash Can Dolly, Trash Can, Utility Cart, Qty 3 288.18 60 Enterprise Fund USA BLUEBOOK Calibration columns fo rnew chem feed pump station (2 qty) 145.61 60 Enterprise Fund USA BLUEBOOK Core Pro 5' midsection & top section sludge judge (20 qty) 900.99 60 Enterprise Fund USA BLUEBOOK Marking Paint, Blue, Green, Qty 13 655.47 60 Enterprise Fund USA BLUEBOOK Thumb screws for inventory & pump head covers (6 qty) 235.36 60 Enterprise Fund USA BLUEBOOK Total & Free Chlorine Reagent Set, Qty 9 552.01 60 Enterprise Fund WEX BANK INC #0496-00-332449-8, 11/30/2019_WEX_Bank 5,691.32 60 Enterprise Fund WW GRAINGER, INC Welding tips & nozzle (3 qty)61.24 60 Enterprise Fund XEROX CORPORATION - PASADENA 8TB576316 b/w (1,708 qty) & color (1.148 qty) images 65.94 Total 60 Enterprise Fund 1,591,534.50 Report Total 3,072,681.55 Date: 12/12/19 02:07:00 PM Page: 13Meridian City Council Meeting Agenda December 17, 2019 – Page 433 of 504 C,E IDIAIZ,!-- J CITY COUNCIL WORK SESSION AGENDA December 17, 2019 Agenda Item Number: 3 R Item Title: AP Invoices for Payment — 12/13/19 — (2) - $5,601.90 Meeting Notes: wj I TEM SHEET C ouncil Agenda I tem - 3.R. Presenter: Estimated Time f or P resentation: 0 Title of I tem - AP Invoices for P ayment - 12/13/19 (2) - $5,601.90 AT TAC HM E NT S: Description Type Upload D ate A P I nvoices for Payment Cover Memo 12/13/2019 Meridian City Council Meeting Agenda December 17, 2019 – Page 434 of 504 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 ADA COUNTY TREASURER Property tax for 615 NW 3rd 355.79 01 General Fund MASTERCARD MC HR#0520 NOVEMBER CHARGES 4,921.22 Total 01 General Fund 5,277.01 60 Enterprise Fund CHRISTOPHER & RUTH MCENTIRE REFUND WT/S/T: 2055 E WRIGHTWOOD DR TITLE COMPANY OVERPAID 86.70 60 Enterprise Fund DUNG TRAN Refund:Wat/Sew/Trash: 1469 N. Inez Pl 105.38 60 Enterprise Fund ESTATE OF JACOB RYAN TAYLOR REFUND WT/S/T: 1230 N LEGISLATIVE WAY TITLE COMPANY OVERPAID 70.27 60 Enterprise Fund PATRICIA M. YTUARTE TRUST REFUND WT/S/T: 1530 E WILLOWBROOK CT TITLE COMPANY OVERPAID 51.54 60 Enterprise Fund STEVE MANECK Expense Report:S.Maneck,Pretx & Pollution Conf,Tacoma,WA 11.00 Total 60 Enterprise Fund 324.89 Report Total 5,601.90 Date: 12/13/19 01:11:56 PM Page: 1Meridian City Council Meeting Agenda December 17, 2019 – Page 435 of 504 EIDIANI DA „?-- HO CITY COUNCIL WORK SESSION AGENDA December 17, 2019 Agenda Item Number: 3 S [Amended on to Agenda] Item Title: Human Resources: Health Savings Account Administrative Services Agreement Meeting Notes: Chris Johnson From: Ted Baird Sent: Tuesday, December 17, 2019 11:42 AM To: Chris Johnson Cc: Bill Nary; Christena Barney; Michelle Albertson Subject: RE: Discovery Benefits HSA Agreement to add to Consent Agenda tonight Thanks. As a reminder, this is just adding the HSA component to the other agreements we have with Discovery Benefits on the same terms and conditions. Switching banking from Key Bank to Discovery Benefits. Ted W. Baird Deputy City Attorney 208-898-5506 All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law From: Chris Johnson <cjohnson@meridiancity.org> Sent: Tuesday, December 17, 2019 11:38 AM To: Ted Baird <tbaird@meridiancity.org> Cc: Bill Nary <bnary@meridiancity.org>; Christena Barney <cbarney@meridiancity.org>; Michelle Albertson <malbertson@meridiancity.org> Subject: RE: Discovery Benefits HSA Agreement to add to Consent Agenda tonight Thank you. I am printing copies for Council since it will not be in the online packet. From: Ted Baird <tbaird@meridiancity.org> Sent: Tuesday, December 17, 2019 10:58 AM To: Chris Johnson <clohnson@meridiancity.org> Cc: Bill Nary <bnary@meridiancity.org>; Christena Barney <cbarnev@meridiancity.org>; Michelle Albertson <malbertson@meridiancity.org> Subject: Discovery Benefits HSA Agreement to add to Consent Agenda tonight Chris: Bill spoke with you yesterday about adding the Discovery Benefits agreement to the Agenda tonight. I located the signature page and fee schedule that we will need to add as well. Thank you. Ted W. Baird Deputy City Attorney 208-898-5506 All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention, and may be released upon request unless exempt from disclosure by law Discovery Benefits- 0— HEALTH enefits0 HEALTH SAVINGS ACCOUNT ADMINISTRATIVE SERVICES AGREEMENT RECITALS Employer has established a Health Savings Account ("HSA') program under which HSAs can be established by or on behalf of Employer's employees ("Employees'), An HSA is a custodial account used to pay or reimburse certain medical expenses. The employee, the employer or both may make contributions to the HSA. Employer desires DBI to assist in its administration of the HSAs based on the terms and conditions set forth in this Agreement. DBI will perform certain recordkeeping and nondiscretionary administrative services based on the terms and conditions set forth in this Agreement. Contributions made by or on behalf of Employees will be placed in a DBI account and then transferred to the HSA. Healthcare Bank, a division of Bell Bank, Fargo, North Dakota, or such other custodian as DBI may designate from time to time, will serve as the custodian of the HSAs. NOW, THEREFORE, in consideration of the premises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: ARTICLE 1 SCOPE AND PURPOSE This Agreement is limited in scope and purpose to establishing the terms and conditions for the transfer of payroll deductions and Employer contributions (if applicable) to HSAs of Employees. Nothing in this Agreement shall modify or amend the terms of any HSA agreement entered into between the custodian and Employees. Complete and accurate information from Employer is required in order for DBI to perform the services set forth herein. DBI shall not be responsible for the truth or accuracy of such information or for the establishment of an HSA or the HSA maintenance activities based on the information received from Employer. Employer acknowledges and agrees that DBI shall have no liability in connection with: • Determining that the Employee is eligible to maintain an HSA and make contributions under applicable tax law. • Ensuring that all distributions the Employee makes are permitted under said law. • The tax consequences of any contribution (including rollover contributions) or distribution. • Paying any custodian investment fees that may be applicable to an HSA. • Legal, tax or accounting advice in relation to the HSAs. DBI assumes no responsibility or authority under this Agreement for: • The design, funding or operation of any Employer-sponsored health and welfare benefit plan or for compliance of any such plan with ERISA, including any aspect of the Consolidated Omnibus Budget Reconciliation Act of 1985 ("COBRA'); • Duties incumbent upon a "plan sponsor" or "covered entity" under the Health Insurance Portability and Accountability Act of 1996 ("HIPAA'� privacy and security rules; • The funding of claims for benefits under any HSA or employee benefit plan or the payment of fees to third parties providing services or products to Employer or Employees. • The funding of any contributions; or • Insuring or underwriting any liability to provide benefits under any employee benefit plan. ARTICLE 2 OPENING OF ACCOUNTS In accordance with procedures to be agreed upon by the parties, Employer will: (i) inform Employees who wish to participate that they may enroll in an HSA via electronic procedures established by DBI; (ii) provide each Employee with all applicable DBI notices, forms, and disclosures directly or online through the consumer portal; and (iii) provide to DBI at such time and in such format as DBI requires, the information with respect to each Employee participating in Employer's HSA program. Employer shall ask DBI to establish or "open" HSAs only for those Employees who have indicated the intent to open such an account; represents that the Employees have certified their authorization to work in the United States and have furnished their social security or other taxpayer identification numbers, which Employer will provide to DBI for the purposes of establishing HSAs; and warrants that the information and data Employer provides to DBI under this Agreement will be true and complete. DBI reserves all rights to decline to open or activate any HSA or to close any HSA insofar as its practices and procedures have not been properly observed by Employer or the Employee. ARTICLE 3 FUNDING OF ACCOUNTS Based on the contribution timing set and maintained by Employer and in the form to be agreed upon by the parties, Employer shall remit to DBI the contributions to be transferred to the HSA of each Employee and provide accompanying information that accurately indicates each HSA and the dollar amount to be credited to each such HSA. DBI shall have no liability for any funds not received by DBI or for any errors in crediting an HSA based on the information provided by Employer, including where such contributions are automated, recurring contributions. Unless the account has not been successfully opened, contributions may be withdrawn or transferred from an HSA solely upon the instructions of the custodian and the respective Employee. ARTICLE 4 MISTAKEN EMPLOYER CONTRIBUTIONS Employer acknowledges and agrees that Internal Revenue Service (IRS) regulation requires that HSA contributions be non -forfeitable, provided that the IRS will allow the reversal of mistaken employer contributions: • When there is a mistake in the eligibility to establish an HSA and the employee was never eligible for HSA contributions. • When the contribution exceeds the annual HSA maximum contribution. • When there is clear documentary evidence demonstrating that there was an administrative or process error. DBI agrees to assist Employer in requesting the return of mistaken employer contributions from the custodian in the above situations, or as otherwise permitted by applicable IRS guidance. In all cases, the return of mistaken HSA contributions is subject to the rules, procedures, and limitations of the custodian. DBI and the custodian assume no liability for mistaken employer contributions. ARTICLE 5 ACCOUNT MAINTENANCE In order to administer and maintain the HSAs, from time to time in accordance with procedures to be agreed upon, Employer shall submit to DBI certain information concerning the status of Employees and HSA contributions, and DBI may provide certain information about the HSAs to Employer. Employer acknowledges that DBI may rely upon all information provided by Employer in maintaining and administering the HSAs. Employer shall be responsible for all costs and expenses incurred by DBI for error correction or other activities undertaken by DBI at Employer's request or as a result of erroneous information provided by Employer to DBI. If requested, Employer shall certify to DBI the personnel authorized by Employer to receive and furnish information under this Agreement. As permitted by law, Employer shall cooperate with DBI in any manner deemed reasonably necessary by DBI to protect its rights. ARTICLE 6 CLOSING OF ACCOUNTS DBI will close an HSA only upon the instructions of the respective Employee. Notwithstanding anything to the contrary herein, at its discretion, DBI may refuse to open, or may close any previously established HSA for which the Employee is unable or unwilling to sign DBI forms or otherwise agree to the terms and conditions related to such HSA or otherwise violates any terms thereof. Employer acknowledges that upon any such closure, funds in the HSA will be returned to the Employee or forwarded to another financial institution upon instructions of the Employee unless the mistaken employer contribution rules apply, in which case the funds will be returned to the Employer. Employer further acknowledges that such closure may result in tax consequences for which the Employee shall be solely responsible and for which the Employer will be responsible for the applicable tax reporting consequences. The custodian may resign and close the HSA for any reason or no reason, effective thirty (30) days after it provides written notice of its resignation to the Employee. ARTICLE 7 EMPLOYER RESPONSIBILITIES Employer represents and warrants that it will have confirmed the identity and employment eligibility of all Employees for whom information is provided to DBI as follows: • Through the U.S. Citizenship and Immigration Services I-9 forms completed by Employees if hired after November 6, 1986; or • For Employees hired before that date, review by Employer of Employees' driver's licenses or other government -issued identifying documentation evidencing nationality or residence and bearing a photograph or similar safeguard. Employer represents and warrants that it does not: • Limit the ability of eligible individuals to move their funds to another HSA beyond restrictions imposed by the Internal Revenue Code of 1986 ("Code'; • Impose conditions on uses of HSA funds beyond those permitted under the Code; • Make or influence the investment decisions with respect to funds contributed to an HSA; Represent that HSAs are an employee welfare benefit plan established or maintained by Employer; or • Receive any payment or compensation from DBI in connection with an HSA. To the extent applicable, the HSA comparability testing under Code Section 4980G is the responsibility of Employer to complete. ARTICLE 8 EMPLOYER INFORMATION AND INSTRUCTIONS Employer has authorized and instructed DBI in this Agreement to implement DBI's standard administrative procedures to provide services in accordance with this Agreement. DBI shall be fully protected in relying upon representations by Employer set forth in this Agreement and communications made by or on behalf of Employer in effecting its obligations under this Agreement. To the extent permitted by law, Employer agrees to hold DBI harmless from and against all liability, damages, costs, losses, and expenses (including reasonable attorney fees) and expressly releases all claims against DBI in connection with any claim or cause of action for any activity or occurrence prior to the commencement of services under this Agreement that results from the failure or alleged failure of Employer, its officers and employees, and any other entity related to or performing services on behalf of Employer (other than DBI) to comply with ERISA, the Code, and any other applicable law or regulation with respect to the HSAs. If Employer instructs DBI with a specific written request in a format acceptable to DBI to provide services in a manner other than in accordance with DBI's standard forms and procedures, DBI may (but need not) comply with such an instruction. This would include any Employer instruction to add a vendor link to the consumer portal. To the extent that DBI complies with such an instruction, Employer and not DBI shall be solely responsible for DBI's action so taken, and Employer, to the extent permitted by law, agrees to hold DBI harmless from and against all liability, damages, costs, losses, and expenses (including reasonable attorney fees), and expressly releases all claims against DBI in connection with any claim or cause of action, which results from or in connection with DBI complying with Employer's specific written instruction to provide services in a manner other than in accordance with DBI's standard procedures. ARTICLE 9 RETENTION AND RELEASE OF DATA, RECORDS, AND FILES Written and electronic records containing personal information are securely destroyed or deleted consistent with business needs or legal retention requirements. Per business records needs and associated retention and secure destruction periods, DBI retains a copy of all information, excluding emails or similar electronic communications destroyed in the ordinary course of business pursuant to DBI policy, for at least eight (8) years from the date created at DBI. Following the termination of this Agreement, DBI shall cooperate with Employer or Employer's subsequent service provider to effect an orderly transition of services provided under this Agreement and, within a reasonable time, will release to Employer a copy of all data, records, and files in DBI's standard format. Upon termination of this Agreement, DBI is entitled to retain a copy of all information including the data, records, and files to use and disclose such information for claims, audits, and legal and contractual compliance purposes to the extent permitted by law. ARTICLE 10 CONFIDENTIAL BUSINESS INFORMATION AND INTELLECTUAL PROPERTY (a) General Obligations For purposes of this Article 10, "confidential business information" shall mean any information identified by either party as "confidential" and/or "proprietary", or which, under the circumstances, ought to be treated as confidential or proprietary, including non-public information related to the disclosing party's business, employees, service methods, software, documentation, financial information, prices, and product plans. Neither DBI nor Employer shall disclose confidential business information of the other party. The receiving party shall use reasonable care to protect the confidential business information and ensure it is maintained in confidence, and in no event use less than the same degree of care as it employs to safeguard its own confidential business information of like kind. The foregoing obligation shall not apply to any information that: (i) is at the time of disclosure, or thereafter becomes, part of the public domain through a source other than the receiving party; (ii) is subsequently learned from a third party that does not impose an obligation of confidentiality on the receiving party; (iii) was known to the receiving party at the time of disclosure; (iv) was generated independently by the receiving party; or (v) is required to be disclosed by law, subpoena or other process. DBI may disclose Employer's confidential business information to a governmental agency or other third party required by law to the extent necessary for DBI to perform its obligations under this Agreement or if Employer has given DBI written authorization to do so. Although DBI may have confidential business information processed, managed, and/or stored with subcontractors or third parties, it remains fully responsible to Employer for the confidentiality obligations set forth herein. Each party agrees that its obligations contained in this Article 10 apply also to its parent, subsidiary, and affiliated companies, if any, and to similarly bind all successors, employees and representatives. (b) Financial Statements and Audit Information If Employer requests access to certain financial statements and/or service organization control audit reports or other audit information of DBI for the purpose of reviewing the financial, operating, and business condition of DBI, and DBI agrees to provide such information, Employer's acceptance of or access to such confidential information shall constitute its agreement with the following: • Employer will maintain the information (whether communicated by means of oral, electronic or written disclosures) in confidence and shall not use the same for its own benefit, or for any purpose other than the furtherance of its review, or disclose the same to any third party. • Employer may only disclose the information to its own officers and employees on a need -to - know basis for the purposes of its review. If Employer is a state agency or otherwise subject to a freedom of information type statute, the information shall be treated as confidential and exempt from disclosure in accordance with the applicable law and the information contains sensitive proprietary business information and data defined as trade secret information that would not otherwise be publicly available and that disclosure of this information to the public, including DBI's competitors, would likely result in substantial harm to DBI's competitive positions and also contains confidential supervisory information and personal information relating to directors, officers, and major shareholders of DBI, the disclosure of which would constitute an unwarranted invasion of personal privacy. (c) Intellectual Property All materials, including, without limitation, documents, forms (including data collection forms provided by DBI), brochures, and online content ("Materials") furnished by DBI to Employer are licensed, not sold. Employer is granted a personal, non -transferable, and nonexclusive license to use Materials solely for Employer's own internal business use. Employer does not have the right to copy, distribute, reproduce, alter, display or use these Materials or any DBI trademarks for any other purpose other than its own internal business use. Employer shall use commercially reasonable efforts to prevent and protect the content of Materials from unauthorized use. Employer's license to use Materials ends on the termination date of this Agreement. Upon termination, Employer agrees to destroy Materials or, if requested by DBI, to return them to DBI, except to the extent Employer is required by law to maintain copies of such Materials. DBI retains exclusive ownership rights to and reserves the right to independently use its experience and know-how, including processes, ideas, concepts, and techniques acquired prior to or developed in the course of performing services under this Agreement. ARTICLE 11 TERM OF AGREEMENT (a) Duration The term of this Agreement shall commence as of the Effective Date and shall continue for a period of twelve (12) months (the "Initial Term'. (b) Renewal This Agreement shall automatically renew for another twelve (12) months at the end of the Initial Term and every twelve (12) months thereafter unless terminated pursuant to this Article 11. (c) Termination without Cause Notwithstanding the foregoing, this Agreement may be terminated at any time during the Initial Term or any renewal term by Employer or by DBI without cause and without liability with written notice of the intention to terminate to be effective as of a date set forth in the written notice not fewer than sixty (60) days from the date of such notice. (d) Automatic Termination and Termination with Cause (i) The Agreement shall automatically terminate: • If any law is enacted or interpreted to prohibit the continuance of this Agreement, upon the effective date of such law or interpretation; • If any monthly service fee remains unpaid to DBI beyond ten (10) days past the due date, upon written notification by DBI to Employer that DBI is exercising its option to enforce this provision; or • If at any time Employer fails to provide funds for the payment of benefits. (ii) If a party is in default under any provision of this Agreement other than a payment default, the other party may give written notice to the defaulting party of such default. If the defaulting party has not used good faith efforts to cure such breach or default within thirty (30) days after it receives such notice, or if good faith efforts to cure have begun within thirty (30) days but such cure is not completed within sixty (60) days after receipt of the notice, the other party shall have the right by further written notice (the 'Termination Notice') to terminate the Agreement as of any future date designated in the Termination Notice. (e) Fees or Charges All fees and charges that have accrued up to the date of termination shall be paid with in thirty (30) days after the date of termination. ARTICLE 12 COST OF SERVICES The service fees shall be payable in accordance with the fee schedule attached hereto. Fees are invoiced monthly and are due within thirty (30) days of the invoice date. If Employer fails to pay within sixty (60) days of the invoice date, and upon written request of DBI to the custodian, fees will be deducted directly from each HSA to which the fees relate, provided that no amount may be deducted from one HSA to cover the unpaid service fees from another HSA. Employer shall have thirty (30) days from the date of the invoice to correct the HSA participant count for credit or refund. The service fees are billed to Employee after termination of employment with Employer. If requested by Employer, the service fees can be charged to Employees, and withdrawn from the HSAs on or around the first of each month. This transaction will appear as a separate line item on the account. The fees cannot be charged to Employees if the service fees are part of a DBI solution or a monthly minimum fee. Notwithstanding the foregoing, DBI reserves the right to: • Charge Employer reasonable fees for the reproduction or return of records or reports requested by Employer or governmental agencies if the governmental agency has made the request on behalf of Employer or for reasonable fees charged by other parties for information reasonably required by DBI to perform its duties under this Agreement. • Charge fees for the provision of additional services that were neither included in nor contemplated by this Agreement on the Effective Date. • Charge for proprietary technology and services, including, but not limited to LEAP and Application Programming Interface (API) connections, if such charges are implemented on a nearly universal basis as a matter of policy. • Increase fees based on additional costs imposed on DBI, such as significant postal rate or bank fee increases or substantiated increased costs due to legislative or regulatory changes, domestic or foreign, actually incurred in performing its services. The service fees incorporate fees charged by the custodian. Upon thirty (30) days' advance written notice to Employer, DBI may adjust the service fees to reflect any adjustment in the fees charged to DBI by the custodian. DBI shall provide Employer with reasonable prior written notice of such increases. On or after the rate expiration date indicated on the fee schedule, DBI reserves the right to amend the fee schedule with sixty (60) days' advance written notice. If Employer is unwilling to accept the changes to the fee schedule, Employer may terminate this Agreement by providing notice to DBI no later than the effective date of the fee schedule amendment. Fees quoted assume that DBI standard software and systems will be compatible with Employer's software and systems and with any prior service provider's software and systems so that the services can be readily performed without any modifications or alterations of DBI's software and systems. In the unusual event that costs are incurred by DBI to integrate the DBI Services with Employer's software and systems and/or in migrating the data from the prior service provider to DBI's systems, those costs may be charged separately on a time and materials basis or as otherwise provided under a separate agreement between the parties. ARTICLE 13 RED FLAGS RULE COMPLIANCE To the extent applicable, DBI shall comply with the Red Flags Rule with respect to the services provided by DBI under this Agreement that are covered by the Red Flags Rule as determined by DBI in its sole discretion. For purposes of this provision, "Red Flags Rule" means the regulations adopted by various federal agencies, including the Federal Trade Commission, in connection with the detection, prevention, and mitigation of identity theft, and located at 72 Fed. Reg. 63718 (November 9, 2007), as amended. As part of its Red Flags Rule compliance, DBI shall adopt, maintain, and use appropriate and commercially reasonable rules, procedures, and safeguards to detect and identify red flags and to prevent and mitigate identify theft as required by the Red Flags Rule. Such rules, procedures, and safeguards shall be set forth in a written program (the "Red Flags Program'). DBI shall, upon request, make available to Employer a copy of its Red Flags Program. ARTICLE 14 LIMITATIONS, INDEMNIFICATION, AND INSURANCE (a) Notwithstanding any other provision in this Agreement to the contrary, the maximum total liability of DBI to Employer shall be limited to direct money damages in an amount not to exceed the dollar amount that is paid or payable to cover such liability under the insurance policy or policies provided for herein. In no event shall either party be liable to the other for consequential, special, exemplary, punitive, indirect or incidental damages, including, but not limited to, any damages resulting from loss of use or loss of profits arising out of or in connection with this Agreement, whether in an action based on contract, tort (including negligence) or any other legal theory whether existing as of the Effective Date or subsequently developed, even if the party has been advised of the possibility of such damages. In the event the foregoing is found to be invalid, in no event will DBI's liability for such damages exceed the fees paid by Employer for the services in the twelve-month period in which the cause of action occurred. This is Employer's sole and exclusive remedy. No action under this Agreement may be brought by either party more than two (2) years after the cause of action has accrued. DBI and Employer expressly agree that the limitations of liability stated herein represents an agreed allocation of the risks of this Agreement between the parties. This allocation is reflected in the pricing offered by DBI to Employer and is an essential element of the basis of the bargain between the parties. (b) Subject to the limitations in this Article 14, DBI will indemnify, defend and hold harmless Employer (and its respective officers, directors, employees, representatives, successors, and permitted assigns) from and against any and all liability, damages, costs, losses, penalties, expenses and reasonable attorney fees (collectively, "Losses' incurred by Employer in connection with any threatened, pending or adjudicated claim, demand, action, suit or proceeding by any third party to the extent arising out of DBI's (i) fraudulent or criminal actions or omissions or (ii) material breach of this Agreement or of any executed or applicable business associate agreement between the parties. (c) To the extent permitted by law, Employer will indemnify, defend and hold harmless DBI (and its respective officers, directors, employees, representatives, successors, and permitted assigns) from and against any and all liability, damages, costs, losses, penalties, expenses and reasonable attorney fees (collectively, "Losses') incurred by DBI in connection with any threatened, pending or adjudicated claim, demand, action, suit or proceeding by any third party (including an action brought by or on behalf of an employee or a participant) to the extent arising out of Employer's (i) fraudulent or criminal actions or omissions or (ii) material breach of this Agreement or of any executed or applicable business associate agreement between the parties. If Employer is a state agency or otherwise subject to a public entity/political subunit non -indemnification type statute and therefore unable to indemnify under this Agreement, DBI shall not be responsible for any injury or damage that occurs as a result of any negligent act or omission committed by Employer, including its employees or assigns. (d) The party seeking indemnification under (b) or (c) above must notify the indemnifying party within thirty (30) days in writing of any actual or threatened claim, demand, action, suit or proceeding to which it claims such indemnification applies. Failure to so notify the indemnifying party shall not be deemed a waiver of the right to seek indemnification, unless the actions of the indemnifying party have been materially prejudiced by the failure of the other party to provide notice within the required time period. The indemnifying party may (but is not required to) take steps to be joined as a party to any proceeding in which indemnification has been claimed, and the party seeking indemnification shall not oppose any such joinder. Whether or not such joinder takes place, the indemnifying party shall provide the defense with respect to Losses to which this Article 14 applies and in doing so shall have the right to control the defense and settlement with respect to such claims to the extent that the defense and settlement relates to the payment of monetary compensation. The party seeking indemnification may assume responsibility for the direction of its own defense at any time, in whole or in part, in which case the costs and expenses, including reasonable attorneys' fees, of the defense shall become Losses subject to indemnification under this Article 14 by the indemnifying party. The party seeking indemnification may assume at any time, in whole or in part, the right to settle or compromise any Losses against it with the reasonable consent of the indemnifying party, and such settlement or compromise that relates to monetary compensation shall become Losses subject to indemnification under this Article 14 by the indemnifying party. (e) During the term of this Agreement, DBI shall maintain general liability insurance and professional/cyber liability insurance with policy limits of not less than $5,000,000 per occurrence and in the aggregate for the purpose of providing coverage for claims arising out of the performance of its services under this Agreement. DBI shall maintain a bond (or an insurance policy similar to a bond) for DBI and any of its employees who may collect, disburse or otherwise handle or have possession of any funds provided by Employer. Upon request, DBI shall provide Employer with a certificate or certificates of insurance reflecting such insurance coverages. ARTICLE 15 GENERAL (a) Neither Employer nor DBI will restrict the ability of HSA owners to move funds to another HSA beyond those restrictions imposed by the Code. (b) By executing this Agreement, the parties agree to extend the term of any Automated Clearing House ("ACH'� Agreement associated herewith to be coterminous with the term of this Agreement and to have such agreement be covered by the terms and provisions hereof. (c) From time -to -time and in compliance with applicable federal and state laws, DBI may monitor and/or record calls which are made to and from the customer service line for quality assurance and training purposes, and/or to ensure that DBI's services fully comply with the terms of this Agreement. DBI shall provide a customer service line toll-free number Monday through Friday Central Time Zone for use during DBI normal business hours: Clients 7:00 a.m. to 7:00 p.m. Participants 6:00 a.m. to 9:00 p.m. (d) DBI represents and warrants that it has implemented and maintains a written and comprehensive information security program and complies with all applicable law and regulation, including, without limitation, state privacy and data security law and regulation such as the Massachusetts Standards for the Protection of Personal Information of Residents of the Commonwealth (201 CMR 17.00). (e) DBI may delegate or subcontract any portion of DBI services to a third party. For those DBI services that are delegated or subcontracted, DBI shall remain fully responsible to Employer for compliance with all applicable provisions of this Agreement or any executed or applicable business associate agreement between the parties. No portion of DBI services shall be delegated or subcontracted to any third party located outside of the United States. (f) Employer acknowledges and agrees that the services provided by DBI pursuant to this Agreement relate to enrollment and disenrollment and that these services to the extent permitted under HIPAA shall be deemed to be performed by DBI on behalf of Employer in Employer's capacity as the sponsor of an employee welfare benefit plan. Employer further acknowledges and agrees that DBI may use or disclose enrollment or disenrollment information that it receives from Employer with respect to a particular HSA participant to provide the HSA participant access to additional services at no cost to Employer. (g) Notwithstanding anything to the contrary contained herein, neither party shall be liable or deemed to be in default under or in breach of this Agreement for failure to perform or delay in the performance of any of their respective obligations under this Agreement to the extent that such failure or delay results from any act of God, military operation, terrorist attack, widespread and prolonged loss of use of the Internet, national emergency, government restrictions, or disruption of the financial markets. The affected party shall use all commercially reasonable efforts to remedy any inability to perform under this Agreement. (h) If either party fails to enforce any right or remedy under this Agreement, that failure is not a waiver of the right or remedy for any other breach or failure by the other party. (i) If any provision of this Agreement is found to be unenforceable or invalid, such determination shall not affect any other provision, each of which shall be construed and enforced as if such invalid or unenforceable provision were not contained herein, and the parties will negotiate a mutually acceptable replacement provision consistent with the parties' original intent. (j) This Agreement shall be governed and interpreted by the laws of the State of Idaho. In the event of any conflict of laws, the laws of the State of Idaho shall prevail. (k) Excluding all matters pertaining to the collection of amounts due to DBI arising out of the services provided, the parties agree that as a precursor to any litigation, any dispute arising out of or related to this Agreement may be submitted to a mutually agreed upon American Arbitration Association ('AAAA') mediator for non- binding confidential mediation in a location mutually agreeable between the parties. Notwithstanding the foregoing, this provision shall not prevent either party from seeking injunctive relief (or any other provisional remedy) from any court having jurisdiction over the parties and the subject matter of their dispute relating to this Agreement. (1) Any notice required or permitted to be given under this Agreement shall be deemed delivered to the address set forth in this Agreement or such other physical or electronic address as specified by the party: (i) when received if delivered by hand; (ii) the next business day if placed with a reputable express carrier for delivery during the morning of the following business day; (iii) three (3) days after deposit in the U.S. mail for delivery, postage prepaid; or (d) when received if delivered electronically. DBI: 4321 20th Avenue South, Fargo, ND 58103, Attention: Chief Compliance Officer. (m) This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements and understandings regarding the subject matter hereof, whether written or verbal. Any amendment to this Agreement must be in writing and signed by authorized representatives of both parties. The provisions of this Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their heirs, assigns, and successors in interest. Nothing express or implied in this Agreement is intended to confer, and nothing herein shall confer upon any person other than the parties hereto, any rights, remedies, obligations or liabilities whatsoever. (n) This Agreement may not be assigned by either party without the prior written consent of the other unless in connection with a change in control, merger, acquisition or sale of all or substantially all of the party's assets and provided that the surviving entity has agreed to be bound by this Agreement and has notified the other party in writing within thirty (30) days of the assignment. If consent is required, the parties shall not unreasonably withhold consent. (o) Those provisions that by their nature are intended to survive termination or expiration of this Agreement shall so survive. (p) The parties agree that in performing their responsibilities under this Agreement, they are in the position of independent contractors. This Agreement is not intended to create, nor does it create and shall not be construed to create, a relationship of partner or joint venture or any association for profit between Employer and DBI. (q) In the event of DBI's resignation or inability to serve, Employer may appoint a successor. In such situations, the replacement of DBI shall be considered a termination of this Agreement, and the termination provisions of Article 11 shall remain effective and controlling. (r) Neither DBI nor Employer, when dealing with the other party in relation to the HSA Program, shall be obliged to determine the other party's authority to act pursuant to this Agreement. (s) Employer may subscribe to DBI's non-discrimination testing portal per the Discovery Teststm Subscription Addendum. DISCOVERY TESTS SUBSCRIPTION ADDENDUM Discovery Teststm ("Discovery Tests') is DBI's non-discrimination testing portal available on LEAPtm To the extent Employer desires to access Discovery Tests for testing one or more of its Plans, the following additional provisions shall apply with respect to non-discrimination testing. 1 DBI Non -Discrimination Testing 1.1 Plan Testing The benefit plan or plans covered for services are limited to Premium Only Plan (POP), Premium Only Plan and Flexible Spending Account (POPFSA), Health Reimbursement Arrangement (HRA), and/or Self -Insured Medical Plan (SIMP), for which DBI provides access to Tests (individually and collectively, as the context may require, all of the foregoing shall be referred to as the "Plan'. 1.2 Test Templates Tests. DBI provides Employer non-exclusive, non -transferable, non -assignable right to access and use of Discovery 1.3 Non -Discrimination Testing Report DBI provides a final testing report with test results and recommendations for correcting failed Discovery Tests. The report is made available through Discovery Tests, which is a tool designed to help Employer evaluate Employer's compliance with applicable domestic law and regulation. 1.4 Template Information Retention DBI deletes the data inputted or uploaded into Discovery Tests and the resulting completed templates ten (10) calendar days after submission by Employer. 1.5 Report Retention DBI retains the testing report for at least eight (8) years from the date the report is created under this Addendum. 1.6 Disclaimers All templates are subject to periodic updates and revision. DBI does not insure or underwrite Employer's liability to provide benefits under the Plan or provide services other than those stated in this Addendum. DBI is not liable nor will DBI use its own funds for payment of benefits under the Plan, including, without limitation, where such payment of benefits is sought as damages in an action against Employer, DBI or the Plan. 2 Employer Responsibilities 2.1 System of Record Employer's HRIS/payroll system is the system of record for non-discrimination testing information. Employer must provide DBI with the information necessary to perform the standard non-discrimination testing services and in the file format required by DBI. 2.2 Compliance It is the sole responsibility of Employer to assure compliance with all legal reporting and disclosure requirements, including non-discrimination testing rules. 2.3 Authorized Users Employer shall not make Discovery Tests available to any person or entity other than its authorized users. Employer shall maintain a written, current list of authorized users and shall provide the list to DBI upon request. 2.4 Protection of Discovery Tests Employer agrees to take all reasonable steps to protect Discovery Tests from unauthorized copying, possession, access or use. Upon -Employer becoming aware of any such unauthorized copying, possession, access or use, Employer shall promptly notify DBI and assist DBI in preventing the recurrence thereof, and shall cooperate with DBI in any litigation or proceedings reasonably necessary to protect its rights. 2.5 Secure Passwords Employer shall ensure that each authorized user maintains a secure password for its use of the testing portal and keeps its password confidential. Employer shall immediately notify DBI of any compromise of any secured password of any authorized user, and shall cooperate with DBI in any manner deemed reasonably necessary to protect its rights. 2.6 Viruses and Improper Materials Employer shall not knowingly access, store, distribute, upload, or transmit any viruses, or any material during the course of its use of Discovery Tests that is unlawful, harmful, threatening, defamatory, libelous, obscene, infringing, harassing or racially or ethnically offensive; promotes or facilitates any unlawful activity; depicts sexually explicit images; discriminates on the basis of nationality, race, gender, color, religious belief or other characteristic protected by applicable law; or causes damage or injury to any person or property. 2.7 Employer Data Employer owns all right, title and interest in and to and is solely responsible for the reliability, integrity, accuracy, quality, and lawfulness of data inputted and/or uploaded into Discovery Tests. DBI has no obligation to back up or archive any data and Employer is solely responsible therefor. 2.8 Test Results Employer acknowledges that any reports, test results, and all other information that Employer obtains as a result of using Discovery Tests is based solely on the data of Employer and/or its authorized users provided by or on behalf of Employer; DBI is not liable for any inaccuracies or invalid results or reports based on such data; and Employer expressly assumes all risk and liability with respect to its use and interpretation of such reports, results, and other information obtained from Employer's use of Discovery Tests. Although Discovery Tests is a tool designed to help Employer evaluate Employer's compliance with applicable domestic law and regulation, all legal, regulatory and administrative matters related in any way to Employer, its data, authorized users or its Plan, and the compliance of any of the foregoing with applicable domestic law, are the sole responsibility of Employer, and DBI has no liability or responsibility therefor. Employer further acknowledges and agrees that DBI does not provide legal or tax advice with respect to these matters and that Employer must obtain its own legal and tax advice pertaining in any way to such matters. 2.9 Employer Systems Employer is solely responsible for the maintenance and routine review of its computing and electronic system usage records (i.e., log files) and the security of its own data, data storage, computing devices, other electronic systems, and network connectivity. 2.10 Unauthorized Access Employer acknowledges and agrees that DBI is not liable to Employer, Employer's employees or any other third party for any consequences, losses or damages resulting from unauthorized access to or use of its data while such data is housed on Employer's data network. 3 Confidential Information and Intellectual Property 3.1 Confidentiality of Employer Data DBI shall maintain appropriate administrative, physical, and technical safeguards and security measures for protection of the confidentiality of Employer data and for the detection and prevention of unauthorized access to Employer data housed on DBI's data network. DBI shall not disclose any Employer data except as compelled by law in accordance with this Section 3 or as expressly permitted in writing by Employer. DBI agrees that all Employer data shall be stored on computer servers located within the United States and shall not be transferred to any computer servers located outside of the United States without the prior written consent of Employer. 3.2 Information Security Each party agrees to use industry standard current firewall and virus -protection software. 3.3 Remedies upon Breach Each party agrees that the other party may have no adequate remedy at law if there is a breach or threatened breach of this Section 3 and, accordingly, that either party is entitled (in addition to any legal or equitable remedies available to such party) to seek injunctive or other equitable relief to prevent or remedy such breach. 3.4 Ownership As between the parties, the parties agree that the confidential information of the other party is, and will remain, the properly of such other party. The receiving party obtains no right, title, interest, or license in or to any of the confidential information of the disclosing party except for the rights expressly set forth in this Addendum. 3.5 No Return of Data Employer acknowledges that DBI has no obligation to maintain Employer data relating to this Addendum. Accordingly, DBI does not return any data to Employer or make any such data available for download by Employer after the termination or expiration of the Agreement. 4 Warranties and Remedies 4.1 Limited Warranties DBI warrants that Discovery Tests will perform materially in accordance with the data submitted and the functionality of Discovery Tests will not be materially decreased during the Term. 4.2 Exclusions Notwithstanding the foregoing, DBI does not warrant, and specifically disclaims, that Employer's access to or use of Discovery Tests and the DBI Technology will be uninterrupted or error -free or that the information obtained by Employer through Discovery Tests will meet Employer's requirements. Further, DBI is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of Employer data or any other data or information over communications networks and facilities, including the Internet, and Employer acknowledges that Discovery Tests and the resulting information may be subject to limitations, delays and other problems inherent in the use of such communications facilities. Employer further acknowledges that it is solely responsible for procuring and maintaining its network connections and telecommunications links from its systems to DBI's data center and all problems, conditions, delays, delivery failures, and all other loss or damage arising from or relating to Employer's network connections or telecommunications links or that are caused by the Internet. 4.3 Exclusive Remedies Employer shall promptly notify DBI in writing of any nonconformity to the functionality described herein. DBI is not obligated to correct any such nonconformity if Employer fails to promptly notify DBI in writing, which notice must provide a detailed description of the specific existence and nature of the alleged nonconformity upon Employer's discovery thereof. Provided the nonconformity giving rise to the warranty claim exists, Employer's sole and exclusive remedy in relation to its access to Discovery Tests and DBI's entire liability for any such conformity is as follows: DBI shall as promptly as practicable, and in any event within thirty (30) days after DBI's receipt of Employer's written notice if applicable, correct such nonconformity or provide Employer with a plan reasonably acceptable to Employer for correcting the nonconformity at DBI's expense and in a reasonably timely fashion. If neither can be accomplished with reasonable commercial efforts from DBI, DBI will notify Employer, whereupon Employer may cancel the Discovery Tests subscription and return all materials and related documentation to DBI. If Employer elects not to cancel the subscription as provided in this Section 4.3, Employer waives all rights for the applicable breach of the warranty set forth herein. 4.4 Disclaimer of Warranty THE LIMITED WARRANTIES SET FORTH HEREIN CONSTITUTE THE ONLY WARRANTIES WITH RESPECT TO THE SERVICES, DISCOVERY TESTSt-, AND THE DBI TECHNOLOGY. THE LIMITED WARRANTIES ARE IN LIEU OF, AND DBI SPECIFICALLY DISCLAIMS, ALL OTHER WARRANTIES, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. UPON ANY INTERRUPTION, DELAY OR FAILURE OF ACCESS TO DISCOVERY TESTStm AND THE DBI TECHNOLOGY, DBI'S SOLE OBLIGATION IS TO USE COMMERCIALLY REASONABLE EFFORTS TO CORRECT THE PROBLEM AND/OR RESUME SUCH ACCESS AS SOON AS PRACTICABLE. �/rE IDIZ IANC-- �J CITY COUNCIL WORK SESSION AGENDA December 17, 2019 Agenda Item Number: 4 Item Title: Items Moved From Consent Agenda Meeting Notes: (-�V, IDIAN*,-----IZ CITY COUNCIL WORK SESSION AGENDA December 17, 2019 Agenda Item Number: 5 A Item Title: Resolution 19-2180: A Resolution by the Mayor and City Council of the City of Meridian Program Approving and Adopting the Year 2018 Community Development Block Grant Consolidated Annual Performance and Evaluation Report (CAPER) Meeting Notes: u I TEM SHEET C ouncil Agenda I tem - 5.A . Presenter: Crystal Campbell Estimated Time f or P resentation: 5 minutes Title of I tem - Resolution 19-2180: A Resolution of the M ayor and City Council of the City of M eridian P rogram Approving and Adopting the Year 2018 Community D evelopment B lock Grant C onsolidated Annual P erformance and Evaluation Report (C AP E R) AT TAC HM E NT S: Description Type Upload D ate Resolution Resolution 12/11/2019 C A P E R Cover Memo 12/11/2019 Meridian City Council Meeting Agenda December 17, 2019 – Page 436 of 504 CITY OF MERIDIAN RESOLUTION NO. 2180 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, LITTLE ROBERTS, MILAM, PALMER A RESOLUTION APPROVING SUBMISSION AND ADOPTION OF THE COMMUNITY DEVELOPMENT BLOCK GRANT CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT FOR PROGRAM YEAR 2018 TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST THE SAME ON BEHALF OF THE CITY OF MERIDIAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it is necessary that an annual report reviewing the consolidated performance and evaluation of the City's Community Development Block Grant ("CDBG") program be submitted to the United States Department of Housing and Urban Development ("HUD") in order to receive and maintain Community Development Block Grant ("CDBG") funding for the Program Years 2019; and WHEREAS, the City held a public hearing on the Consolidated Annual Performance and Evaluation Report ("CAPER") for Program Year 2018 ("PY18") on December 10, 2019, and held a public comment period on the draft application materials from November 22, 2019 to December 10, 2019; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That the PY18 CAPER, as attached hereto, be, and the same hereby is, adopted as to both form and content. Section 2. That the Mayor and the City Clerk be, and they hereby are, authorized to respectively execute and attend the certifying documents for the PY18 CAPER. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of City of Meridian, Idaho this 194YI day of D e to rnbLV- , 2019. APPROVED by the Mayor of the City of Meridian, Idaho, this r14#1 day of AUGUST ceo\ber , 2019. APPROVED- ATTEST: z ' By: L Q Mayor Tammy de Weerd Adripn eatherly, Dep clerk S'P RESOLUTION ADOPTING CDBG DOCUMENTS —Page 1 OF I Meridian City Council Meeting Agenda December 17, 2019 – Page 438 of 504 C i t y o f M e r i d i a n C o m m u n i t y D e v e l o p m e n t B l o c k G r a n t ( C D B G ) P r o g r a m Table of Contents Introduction .......................................................................................................................................................... 1 CR-05 - Goals and Outcomes ................................................................................................................................ 2 CR-10 - Racial and Ethnic Composition of Families Assisted ................................................................................ 5 CR-15 - Resources and Investments 91.520(a) ..................................................................................................... 6 CR-20 - Affordable Housing 91.520(b) .................................................................................................................. 8 CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c) ............................................ 11 CR-30 - Public Housing 91.220(h); 91.320(j) ....................................................................................................... 14 CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j) ................................................................................................ 15 CR-40 - Monitoring 91.220 and 91.230............................................................................................................... 17 CR-45 – Jurisdiction 91.520(d) ............................................................................................................................ 19 Attachment 1 – Public Comment ........................................................................................................................ 20 Attachment 2 –PR03 Activity Summary Report .................................................................................................. 25 Attachment 3 – PR26 Financial Summary Report ............................................................................................... 55 Attachment 4 – PR26 Activity Summary ............................................................................................................. 59 Meridian City Council Meeting Agenda December 17, 2019 – Page 439 of 504 C i t y o f M e r i d i a n C o m m u n i t y D e v e l o p m e n t B l o c k G r a n t ( C D B G ) P r o g r a m C o n s o l i d a t e d A n n u a l P e r f o r m a n c e a n d E v a l u a t i o n R e p o r t ( C A P E R ) 1 | P a g e Introduction The City of Meridian is a recipient of Community Development Block Grant (CDBG) funds, provided by the U.S. Department of Housing and Urban Development (HUD) on a formula basis. As a recipient of these funds, the City is required to prepare a Consolidated Plan, also known as a five-year strategic plan. The plan identifies the housing and community needs of the City, organizes these needs based on priority, identifies resources that address the community’s needs, and establishes annual goals and objectives to meet those needs. The Consolidated Plan is further broken down into annual action plans, which the City prepares and submits to HUD each year. The annual action plan spells out specifically how the City will address the goals and objectives in the Consolidated Plan during that program year. At the end of each program year, the City provides a summary of expenditures and related accomplishments to the public and HUD. This annual assessment is called the Consolidated Annual Performance and Evaluation Report (CAPER). While the CAPER addresses goals achieved by expending funds for the CDBG program, it is important to note that the success of the program is largely dependent on the efforts and resources of other private and public agencies and organizations as well as HUD. CAPER requirements are outlined in 24 CFR § 91.520. The report provides a review and evaluation of the City’s performance during the 2018 Program Year (PY18) and the five-year timeframe of the 2017-2021 Consolidated Plan. The subject program year began October 1, 2018 and ended September 30, 2019. This CAPER includes reports generated by HUD’s Integrated Disbursement and Information System (IDIS), which summarize the City’s accomplishments for PY18. IDIS generated tables and reports are included in the narrative and attachment sections to provide an update on the City’s progress in achieving the goals and objectives identified in the Consolidated Plan. Meridian City Council Meeting Agenda December 17, 2019 – Page 440 of 504 C i t y o f M e r i d i a n C o m m u n i t y D e v e l o p m e n t B l o c k G r a n t ( C D B G ) P r o g r a m C o n s o l i d a t e d A n n u a l P e r f o r m a n c e a n d E v a l u a t i o n R e p o r t ( C A P E R ) 2 | P a g e CR-05 - Goals and Outcomes Progress the jurisdiction has made in carrying out its strategic plan and its action plan. 91.520(a) The Consolidated Annual Performance and Evaluation Report (CAPER) reflects the activities and expenditures for the City of Meridian’s Community Development Block Grant (CDBG) during Program Year 2018 (PY18), which covered October 1, 2018 through September 30, 2019. The CAPER outlines the progress made toward accomplishing goals identified in the PY18 Action Plan, which are derived from the following overarching goals of the 2017-2021 Strategic Plan/Consolidated Plan: Improve accessibility options for people who have disabilities; Enhance homeownership opportunities; Provide social services; Stabilize the rental gap; and Administration and fair housing activities. During PY18 the City of Meridian accomplished the activities detailed below. Assisted 40 children in households with a low- to moderate-income (LMI) gain access to Boys & Girls Clubs programs. Helped prevent homelessness for 35 families through Jesse Tree. The count appears low because this activity was originally set up incorrectly to report on the number of households served instead of the number of persons served as specified by the matrix code. The system was adjusted to reflect the number of people served, but the agreement with Jesse Tree required household data instead of by person. Assisted four (4) families obtain an affordable home in Meridian through NeighborWorks Boise and Ada County Housing Authorities (ACHA) Homebuyer Assistance programs. Began construction on new sidewalks that will improve safety and accessibility for an estimated 1,990 residents. The number of people served with this activity is zero because the construction is not complete and we cannot enter the accomplishments until the sidewalk is fully constructed. Began process of modernizing and installing streetlights in multiple LMI neighborhoods to improve visibility and safety for an estimated 1,500 community-members in two separate areas. The number of people served with this activity is also zero because the construction is in progress and we cannot enter the accomplishments until the streetlights are complete. Began construction on the Meridian Library to upgrade the main restrooms and make them ADA compliant to provide better access to an estimated 1,000 people with disabilities. This project was also under construction at the end of the program year and shows zero as the actual accomplishments. Coordinated with the Cities of Caldwell, Nampa, and Boise to educate the community on fair housing issues. Meridian City Council Meeting Agenda December 17, 2019 – Page 441 of 504 C i t y o f M e r i d i a n C o m m u n i t y D e v e l o p m e n t B l o c k G r a n t ( C D B G ) P r o g r a m Consolidated Annual Performance and Evaluation Report (CAPER) 3 | P a g e Comparison of the proposed versus actual outcomes for each outcome measure submitted with the consolidated plan. 91.520(g) Goal Category Indicator Unit of Measure Strategic Plan Program Year Expected Actual Completed Expected Actual Completed Administration and Fair Housing Activities Admin Other Other 1 1 100.00% 1 1 100% Enhance Homeownership Opportunities Affordable Housing Direct Financial Assistance to Homebuyers Households Assisted 11 4 36.36% 3 4 133.33% Improve Accessibility Non- Homeless Special Needs Public Facility or Infrastructure Activities other than Low/Moderate Income Housing Benefit Persons Assisted 220 0 0.00% 4500 0 0.00% Provide Social Services Non- Homeless Special Needs Low income services Public service activities other than Low/Moderate Income Housing Benefit Persons Assisted 2055 4033 196.25% 35 40 114.29% Homelessness Prevention Persons Assisted 5 35 700.00% 75 35 46.67% Table 1 - Accomplishments – Program Year & Strategic Plan to Date Meridian City Council Meeting Agenda December 17, 2019 – Page 442 of 504 C i t y o f M e r i d i a n C o m m u n i t y D e v e l o p m e n t B l o c k G r a n t ( C D B G ) P r o g r a m Consolidated Annual Performance and Evaluation Report (CAPER) 4 | P a g e Assess how the jurisdiction’s use of funds, particularly CDBG, addresses the priorities and specific objectives identified in the plan, giving special attention to the highest priority activities identified. Meridian utilized input from stakeholders and residents, as well as the review of fair housing barriers gathered during the 2017-2021 Consolidated Plan process to determine the highest priority projects to be conducted during PY18. Needs addressed during Year 2 of the Consolidated Plan included improvement to accessibility for people with disabilities, enhancing homeownership opportunities, and provision of necessary social services. To improve accessibility for people with disabilities, Meridian utilized data from the Consolidated Plan resident survey to prioritize the following accessibility improvements: To address the lack of/poor sidewalks and access to handicapped parking, five segments of sidewalks in Census tract 103.21, Block Group 2, are in the process of being installed and/or repaired. About 20 percent of the households in this area are comprised of senior females living alone. Another 35 percent are families with young children; half are households led by a single mother. To address visibility and multi-modal transportion for those of all abilities, the City is installing and/or modernizing streetlights in Census Tract 103.22, Block Group 2 and Census Tract 103.33, Block Group 1. These areas provide access to necessary community resources such as food and schools. To provide better access to public facilities the City worked with the Meridiian Library District to upgrade the Library’s restrooms and make them ADA compliant. Prior to this upgrade, there were a number of issues with the public restrooms that made them difficult or impossible to use for those with disabilities. The bathroom entrances had insufficient turning radius for those entering in a wheelchair due to the privacy barriers adjacent to the doorways. The accessible stalls in the men’s and women's restrooms lacked many of the necessary specifications including proper toilet heights, the correct turning radius in stalls, and the needed side transfer space for users in wheelchairs. There were also problems with the location and height of a variety of fixtures in the wash area and there was insufficient lighting, creating a hazard in both bathrooms. To enhance homeownership opportunities Meridian utilized data from the Consolidated Plan resident survey, which found nearly 90 percent of renters expressed an interest in homeownership. Of this 90%, 40% would like to purchase a home, but did not have enough money for a down payment and 16% cited poor credit as an impediment to homeownership. In PY18, CDBG funds were used to provide down payment and/or closing cost assistance to LMI households who were purchasing a home in Meridian. To improve the provision of necessary social services, Meridian utilized findings from the Consolidated Plan and Analysis of Impediments (AI) to identify the following supports: A shortage of 1,077 rental units to serve Meridian households earning $25,000 or less was identified during the previous 2012 to 2016 Consolidated Plan. This gap increased in the past 5 years to 1,348 units and was largely due to additional households falling below the poverty line. CDBG funds were used to provide homelessness prevention for those facing eviction in the Meridian area. The AI showed that lower income children, particularly those living in Census tracts with a high density of residents with a national origin other than the United States, have lower access to proficient schools. CDBG funds were used to support Boys & Girls Club scholarships, which allowed admission to programs intended to reduce barriers for youth. Meridian City Council Meeting Agenda December 17, 2019 – Page 443 of 504 C i t y o f M e r i d i a n C o m m u n i t y D e v e l o p m e n t B l o c k G r a n t ( C D B G ) P r o g r a m Consolidated Annual Performance and Evaluation Report (CAPER) 5 | P a g e CR-10 - Racial and Ethnic Composition of Families Assisted Describe the families assisted (including the raci al and ethnic status of families assisted). 91.520(a) CDBG White 66 Black or African American 3 Asian 2 American Indian or American Native 4 Native Hawaiian or Other Pacific Islander 0 Total 75 Hispanic 22 Not Hispanic 53 Table 2 – Table of assistance to racial and ethnic populations by source of funds Narrative According to data gathered in the Consolidated Plan, Meridian residents that are of Hispanic descent make up 8 percent of the total population, up from 4 percent in 2000. Eighty-six percent of residents identify as White, 2 percent identify as Asian, 1 percent identify as Native American and 1 percent identify as African American. The demographics of those assisted with CDBG funds are similar to Meridian’s overall demographic makeup. Data from the Consolidated Plan also shows that only 1 percent of Meridian households had no one over the age of 14 who was fluent in English. Residents living in such households are called “Limited English Proficiency” populations, or LEP. Meridian’s LEP proportion was slightly less than that of the county overall (1.7%) and lower than the State of Idaho (2%). Pursuant to the city’s Language Assistance Plan (LAP), all reports and communications will be made available in formats accessible to persons with disabilities and in languages other than English upon request. For those who feel they have been discriminated against based on race or ethnicity, Meridian has a Fair Housing Ordinance which outlines Meridian's response to discrimination. The Ordinance also describes how the City will promote and publicize the Federal Fair Housing Law: “With available resources, the City will assist all persons who feel they have been discriminated against because of race, color, religion, sex, national origin, disability, or familial status to seek equity under Federal and State laws by filing a complaint with the U.S. Department of Housing and Urban Development, Office of Fair Housing and Equal Opportunity, Compliance Division.” Meridian City Council Meeting Agenda December 17, 2019 – Page 444 of 504 C i t y o f M e r i d i a n C o m m u n i t y D e v e l o p m e n t B l o c k G r a n t ( C D B G ) P r o g r a m Consolidated Annual Performance and Evaluation Report (CAPER) 6 | P a g e CR-15 - Resources and Investments 91.520(a) Identify the resources made available Source of Funds Source Resources Made Available Amount Expended During Program Year CDBG public - federal $708,217 $342,117 Table 3 - Resources Made Available Narrative Respources made available this year included $272,627 reported in the PR26 Financial Summary Report and submitted in the PY17 CAPER, $13,442 that was returned to line of credit to rectify the PY15 Public Sevice and Admin Cap overages, and the PY18 CDBG award of $422,148. All available resources were allocated to viable projects during PY17, but all of the projects did not fully expend their funding as described below. The following public facilities projects account for roughly $331K of unspent funds and began during PY18 but were not completed until early PY19: PY17 LMI Sidewalks (IDIS Activity #85) PY18 Meridian Library Restroom ADA Upgrage (IDIS Activity #99) PY18 Chateau/Chief Joseph Streetlights (IDIS Activity #92) PY18 Crestwood/Fenway Streetlights (IDIS Activity #100) Both Admin and Homebuyer Assistance were underspent during PY18. Admin costs were less than anticipated and ACHA was unable to find a match for a qualified household and available home. Between these two allocations there is roughly $36K that will be reallocated during PY19. The City is waiting for the construction projects above to be complete to determine the full amount that will be reallocated and will submit an amended PY19 Action Plan to HUD in the next several months. The PR26 shows an adjustment on line 20 in the amount of $4,804.38 to adjust for funding that was flagged for the incorrect funding year in IDIS. Of this amount, $3,762.64 was for IDIS activity #82 that was reimbursed during PY18 but was reported in PY17. The remaining $1,041.74 was a correction to IDIS activity #56 that was reimbursed during PY14 but was reported in PY13. Identify the geographic distribution and location of investments Target Area Planned Percentage of Allocation Actual Percentage of Allocation Narrative Description n/a n/a n/a n/a Table 4 – Identify the geographic distribution and location of investments Narrative The City of Meridian’s basis for allocating projects is geographically delineated within its municipal boundaries. Funding is determined by meeting national objectives, qualifying eligible activities, and through a competitive application process. The City does not specify target areas either by Census Tract or Block Group. Meridian City Council Meeting Agenda December 17, 2019 – Page 445 of 504 C i t y o f M e r i d i a n C o m m u n i t y D e v e l o p m e n t B l o c k G r a n t ( C D B G ) P r o g r a m Consolidated Annual Performance and Evaluation Report (CAPER) 7 | P a g e There are eight (8) Census Tracts that are either fully or partially within Meridian’s municipal boundaries. Census Tracts 0103.21, 0103.22, 0103.33, and 0103.35 fall within Meridian’s LMI area. The use of CDBG funding is not pre - determined on areas of LMI concentration. The Boys & Girls Club is located downtown and Jesse Tree is located in Boise; however, LMI clients served reside throughout Meridian. Multiple low-moderate area activities were conducted during PY18: sidewalk construction began in Census Tract 0103.21; streetlight installation and modernization began in Census Tracts 103.33 and 103.35, and; the Library, which serves Census Tracts 0103.21, 0103.22, 0103.33, and 0103.35, began upgrading its restrooms to be ADA compliant. Leveraging Explain how federal funds leveraged additional resources (private, state and local funds), including a description of how matching requirements were satisfied, as well as how any publicly owned land or property located within the jurisdiction that were used to address the needs identified in the plan. The City of Meridian receives CDBG funds through its annual entitlement; this is the only HUD funding that the City directs toward projects. The City pays staff salaries for administration of the program and for staff time on projects the City administers, such as streetlights. It is estimated the City leverages $50,000 in local funds to administer this program. No publicy owned land or property was leveraged during PY18. Public Housing programs including Family Self-Sufficiency, Section 8, and Public Housing Comprehensive Grants provide additional funding to improve the overall resources available to those who receive services from ACHA. While no funds are leveraged for this program to provide direct payment for downpayment and/or closing costs for the Homeownership Assistance program, ACHA leverages staff time to administer the program and work with participants. This is estimated to be $4,726 of federal funds and $1,310 in general funds. NeighborWorks Boise receives over $500,000 of annual funding from NeighborWorks America, some of which is leveraged with Meridian’s CDBG funding allocation. This funding pays for housing counseling, staff time with participants, and administration of the program. The Boys & Girls Clubs of Ada County receives funding from the USDA through the Department of Education and leverages those funds with the Meridian CDBG funding to help support their programs. Funds are also leveraged for this program for staff time and additional scholarships to the Boys & Girls Club programs. It is estimated that $40,000 of federal funds and $46,800 in general funds were used for this program. Jesse Tree partners with local banks, foundations, institutions, and Cities to help fund programs including homelessness prevention. Jesse Tree receives multiple federal grants, including ESG. It is estimated that $1,300 in federal funds and $2,700 in general funds were leveraged to administer the program and provide supportive services to participants who reside in Meridian. The Meridian Development Corporation (MDC) is a local public agency that does not anticipate leveraging other funds with CDBG funds to complete the sidewalk project.. The Meridian Library District estimates that $2,700 in local funds was used to leverage staff time to oversee the contractor for this project and for administration of the CDBG funds made available to them. Meridian City Council Meeting Agenda December 17, 2019 – Page 446 of 504 C i t y o f M e r i d i a n C o m m u n i t y D e v e l o p m e n t B l o c k G r a n t ( C D B G ) P r o g r a m Consolidated Annual Performance and Evaluation Report (CAPER) 8 | P a g e CR-20 - Affordable Housing 91.520(b) Evaluation of the jurisdiction's progress in providing affordable housing, including the number and types of families served, the number of extremely low -income, low-income, moderate-income, and middle-income persons served. One-Year Goal Actual Number of Homeless households to be provided affordable housing units 0 0 Number of Non-Homeless households to be provided affordable housing units 3 4 Number of Special-Needs households to be provided affordable housing units 0 0 Total 3 4 Table 5 – Number of Households One-Year Goal Actual Number of households supported through Rental Assistance 0 0 Number of households supported through The Production of New Units 0 0 Number of households supported through Rehab of Existing Units 0 0 Number of households supported through Acquisition of Existing Units 3 4 Total 3 4 Table 6 – Number of Households Supported Discuss the difference between goals and outcomes and problems encountered in meeting these goals. The PY18 Action Plan set a goal of assisting three (3) LMI households achieve homeownership through acquisition of existing units and Meridian was able to identify and assist four (4) households. However, two (2) of those households were served under a PY17 project that had been extended. The PY18 project had a goal of serving three (3) households but was only able to serve two (2). The subrecipient, ACHA, had difficulty identifying households that qualified for their program and were able to find a home within their price range. The high cost of housing in Meridian is a barrier for LMI families to purchase a home. Meridian continues to have a vast need for grant funds to bridge the gap of affordability for low income households. Unfortunately, the soaring housing market has made it increasingly difficult to utilize funds to help families who are at 80% or below Area Median Income as Meridian is one of the most expensive places to buy a house in Ada County. According to Zillow, the median home value in Meridian is $325,300. Meridian Meridian City Council Meeting Agenda December 17, 2019 – Page 447 of 504 C i t y o f M e r i d i a n C o m m u n i t y D e v e l o p m e n t B l o c k G r a n t ( C D B G ) P r o g r a m Consolidated Annual Performance and Evaluation Report (CAPER) 9 | P a g e home values have gone up 11.8% over the past year and Zillow predicts they will rise 5.7% within the next year. These prices make it extremely difficult for LMI households to locate affordable homes. Many qualified buyers have faced bidding wars over the few affordable units that come onto the market. Applicants continue to search for affordable housing. Discuss how these outcomes will impact future annual action plans. The City of Meridian is contracting with ACHA during PY19 and they will continue to provide outreach and marketing materials to Lender Partners and Realtors. ACHA actively promotes their program at the monthly Finally Homebuyer Seminars and mails monthly flyers to current participants in the Section 8 program. The Homeownership Coordinator is currently working with Family Self-Sufficiency participants to obtain loan approval. Several have obtained loan approval but the loan approval hasn’t been large enough to qualify for a mortgage. Participants continue to work with the Homeownership Coordinator hoping the market will soften so they may get their chance to purchase a home in the City of Meridian. ACHA has considered increasing the dollar amount of the CDBG grant provided to each household in order to help bridge the gap of affordability. The City will work with ACHA to evaluate their program during early PY19 to determine if reallocating some of the unexpended funds will assist ACHA in more effectively implementing strategies and goals. Include the number of extremely low-income, low-income, and moderate-income persons served by each activity where information on income by family size is required to determine the eligibility of the activity. Number of Households Served CDBG Actual HOME Actual Extremely Low-income 0 0 Low-income 2 0 Moderate-income 2 0 Total 4 0 Table 7 – Number of Households Served Narrative Information During PY18, the City of Meridian provided funding for four (4) households to achieve affordable housing through homebuyer assistance programs offered by ACHA and NeighborWorks Boise. These programs utilized the funding to subsidize mortgage principal amounts, assist with closing costs, and provide up to 50% of the required down payment. To ensure the Section 215 definition of affordable housing is met, ACHA and NeighborWorks Boise require participants to qualify as a first-time homebuyer, purchase a home that will be their principal residence, and the homebuyer's annual household income must be at or below 80% of Area Median Income. Both homebuyer assistance programs offered participants housing counseling and worked with homebuyers to find housing where the cost of the housing is reasonable and affordable to the homebuyer, so the housing does not exceed 95 percent of the median purchase price for the area. During PY18, the City updated the monitoring guidelines to ensure homebuyer assistance programs have a formalized process in place to document that the cost of housing meets the full Section 215 definition of affordable housing. Meridian City Council Meeting Agenda December 17, 2019 – Page 448 of 504 C i t y o f M e r i d i a n C o m m u n i t y D e v e l o p m e n t B l o c k G r a n t ( C D B G ) P r o g r a m Consolidated Annual Performance and Evaluation Report (CAPER) 10 | P a g e Of the four (4) homebuyers assisted, two (2) households qualified as moderate-income and two (2) households qualified as low-income. There were no extremely low-income households or households experiencing homelessness assisted with homeownership assistance due to the struggle to qualify for home loans with the high cost of housing in Meridian. ACHA will continue to work with eligible households to locate and be approved for affordable housing in Meridian. There were no rental households assisted under the affordable housing goal. During the Consolidated Planning process, the City of Meridian prioritized assistance for very low-income renters and/or persons at-risk of losing shelter or housing and uses this to rank projects during the application process. Often these households pay more than half of their income for rent and live in substandard housing. To assist those households with the highest/worst case needs, the City funded public service activities which provide emergency rental assistance through Jesse Tree and access to childcare through the Boys & Girls Club. Through the partnership with Jesse Tree 35 households received homelessness prevention assistance during PY18. The City does not require affordable housing activities to narrow its focus to households that qualify as those with “worst case needs” because it is difficult to find eligible households with the basic LMI criteria that are able to find a home to purchase within their means. The City identified a goal to develop an affordable housing whitepaper that will explore actions to foster and maintain housing affordability. The approach the City has taken up to this point is to assist with services and provisions that reduce the amount of income designated for basic living expenses (e.g. food, childcare, etc.) and allow people to utilize more of their income for housing costs. While developing this whitepaper, City staff collaborated with Boise City staff that have recently rolled out a housing affordability plan. Per the recommendation of the City of Boise, Meridian City staff is now changing the scope of the whitepaper to provide an overview of the status in Meridian and request Council identify a workgroup to address housing affordability for a more collaborative approach. City staff will ask that this workgroup collaborate with the surrounding communities. Meridian City Council Meeting Agenda December 17, 2019 – Page 449 of 504 C i t y o f M e r i d i a n C o m m u n i t y D e v e l o p m e n t B l o c k G r a n t ( C D B G ) P r o g r a m Consolidated Annual Performance and Evaluation Report (CAPER) 11 | P a g e CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c) Reaching out to homeless persons (especially unsheltered persons) and assess ing their individual needs The City of Meridian has been an active member of the Ada County Continuum of Care, known as Our Path Home, for several years. City representatives have previously been involved in the Our Path Home’s Fair Housing and Performance Measurement workgroups with the hopes of better understanding the needs that those experiencing homelessness in Meridian’s face and how to better serve them. During PY18 Our Path Home was restructured and the workgroups were absorbed by the larger group. Our Path Home partners with CATCH as the coordinated entry access point. CATCH provides outreach to those who are experiencing homelessness, especially those who are unsheltered. CATCH utilizes their services as well as those of partner agencies to assess individual needs and refer participants to appropriate services. The City of Meridian strives to connect local community providers and organizations interested in involvement with Meridian’s homeless population with Our Path Home. City representatives are frequently involved in public discussions, presentations, and meetings with citizens, other governmental officials, and local service providers such as the West Ada County School District, Jesse Tree, and CATCH to provide support, understanding, and outreach to those experiencing homelessness in Meridian. In addition, the Meridian Police Department assists unhoused Meridian residents with rides to emergency housing shelters that are located in Boise as needed. Addressing the emergency shelter and transitional housing needs of homeless persons The City of Meridian is in regular contact with case management and supportive service organizations such as CATCH and Jesse Tree to assess and address the emergency and permanent housing needs of those experiencing homelessness in Meridian. In PY18, Jesse Tree was funded through Meridian’s CDBG program to provide homelessness prevention to Meridian residents at risk of losing housing. Helping low-income individuals and families avoid becoming homeless, especially extrem ely low- income individuals and families and those who are: likely to become homeless after being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); and, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs Meridian’s CDBG program provides funding to Jesse Tree to provide homelessness prevention for LMI residents who are at risk of experiencing homelessness. Statewide, Idaho utilizes the SSI/SSDI Outreach, Access and Recovery (SOAR) model. SOAR is an approach that helps increase access to mainstream benefits for people who are currently experiencing or at risk of experiencing homelessness. Those returning from institutions such as jails, prisons, or hospitals have a higher prevalence than the Meridian City Council Meeting Agenda December 17, 2019 – Page 450 of 504 C i t y o f M e r i d i a n C o m m u n i t y D e v e l o p m e n t B l o c k G r a n t ( C D B G ) P r o g r a m Consolidated Annual Performance and Evaluation Report (CAPER) 12 | P a g e general population of becoming homeless upon discharge. Idaho has divided the state into three (3) Hub’s that address the needs of their local community. The SOAR Hub Leads participate in a quarterly call to address the statewide needs and coordinate efforts. The North Hub Lead and the Southeast Hub Leads are discharge planners for each of Idaho’s state-funded psychiatric hospitals and the Southwest Hub Lead is employed at the local Community Action Partnership. This group regularly problem solves ways to coordinate services for those who are coming from institutional facilities in an effort to reduce the likelihood of homelessness. SOAR is coordinated with the Idaho Department of Health and Welfare, Division of Behavioral Health Central Office, Regional Offices, and state-funded psychiatric hospitals. Our Path Home includes representation from health care facilities, mental health facilities, and correction facilities, as well as private providers that address housing, health, social services, employment, education, and youth needs. The group works to find collaborative approaches to help low-income individuals and families avoid experiencing homelessness after being discharged from publicly funded institutions and systems of care. Our Path Home partners with many organizations, such as homeless shelters, school districts, behavioral health (mental health and substance use disorder) providers, Idaho Department of Health and Welfare, Idaho Department of Labor, and Federally Qualified Health Centers (FQHC). Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that indiv iduals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again Through the City’s CDBG program, Meridian provided funding to NeighborWorks Boise and Ada County Housing Authority (ACHA) to provide homeownership assistance to LMI residents. The City provided funding for Jesse Tree to provide homelessness prevention and Jesse Tree leveraged resources to provide case management services to prevent and resolve needs for households in Meridan that are experiencing homelessness or at risk of experiencing homelessness. The City's funding relationships with NeighborWorks Boise, ACHA, and Jesse Tree are aimed to develop activities through the CDBG program to facilitate access for individuals and families experiencing homelessness to affordable housing units while also preventing individuals and families from experiencing homelessness. Meridian’s collaboration with Our Path Home and the SOAR Steering Committee explores and addresses the needs of those experiencing homelessness in Meridian. These programs prioritize assistance based on: housing status, including chronic homelessness; presence of children; veteran’s status; and size of household. To address homelessness in youth, Our Path Home refers families and youth to Hays House. Hays House offers life skills, strength-based family and individual counseling as well as assistance with education resources. These programs assist individuals and families who are at risk of or currently experiencing homelessness access services to help them become stably housed and make the transition to affordable permanent housing as needed. Our Path Home and SOAR attempt to stabilize the individual or family to reduce the likelihood of experiencing homelessness again. The City partners with local committees, organizations, and networks in evaluating, understanding, and addressing the many needs of those experiencing homelessness in Meridian. Partners include the Meridian Police Department, Women’s and Children’s Alliance, Jesse Tree, Boys & Girls Club, West Ada County School District, City of Boise, CATCH, Our Path Home, Meridian Food Bank, SOAR Steering Committee, ACHA, NeighborWorks Boise, and many others. Meridian City Council Meeting Agenda December 17, 2019 – Page 451 of 504 C i t y o f M e r i d i a n C o m m u n i t y D e v e l o p m e n t B l o c k G r a n t ( C D B G ) P r o g r a m Consolidated Annual Performance and Evaluation Report (CAPER) 13 | P a g e These partnerships bring a collaborative approach to addressing current and preventing future homelessness in Meridian, as well as assist local service providers help those experiencing homelessness to make the transition to permanent housing and independent living and shorten the period of time that individuals and families experience homelessness. The City’s collaboration with these groups indicate the City's efforts and actions to define and meet these specific targets. Meridian City Council Meeting Agenda December 17, 2019 – Page 452 of 504 C i t y o f M e r i d i a n C o m m u n i t y D e v e l o p m e n t B l o c k G r a n t ( C D B G ) P r o g r a m Consolidated Annual Performance and Evaluation Report (CAPER) 14 | P a g e CR-30 - Public Housing 91.220(h); 91.320(j) Actions taken to address the needs of public housing The City does not directly provide public housing, but supports ACHA and other providers in improving public housing. Many landlords in Meridian are willing to accept Section 8 and Shelter Plus Care vouchers, but finding units in small complexes such as those located in Meridian is a challenge. Voucher holders generally have the most success finding homes in large apartment complexes, most of which are located in Boise. Nearly 90 percent of units in Meridian are single family detached homes. The City is actively engaged with community partners such as ACHA and Our Path Home to address the public housing needs in Meridian. Actions taken to encourage public housing residents to become more involved in management and participate in homeownership Public housing residents have access to case management services, allowing them to become more involved in management and participate in homeownership through ACHA's programs. One such program available to ACHA participants is Family Self-Sufficiency (FSS). This program assists individuals and families to obtain employment and improve their financial stability. ACHA works with social service agencies, non-profits, schools, businesses, and other community partners to develop comprehensive strategies that help participants learn the skills and gain the experience to enable them to obtain suitable employment. Participants in the FSS program receive an escrow account that is established by the Housing Authority for each participating individual or family. When the participant’s portion of rent is increased due to an increase in earned income, the escrow account is credited during the term of the FSS contract. If the participant completes the contract within a five-year period by being suitably employed and is no longer receiving welfare assistance, the amount in the escrow account is paid to the successful graduate. Actions taken to provide assistance to troubled PHAs ACHA is a high performing Public Housing Authority; no assistance is provided at this time. Meridian City Council Meeting Agenda December 17, 2019 – Page 453 of 504 C i t y o f M e r i d i a n C o m m u n i t y D e v e l o p m e n t B l o c k G r a n t ( C D B G ) P r o g r a m Consolidated Annual Performance and Evaluation Report (CAPER) 15 | P a g e CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j) Actions taken to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment. 91.220 (j); 91.320 (i) During the AI, the City utilized the “Review of Public Policies and Practices (Zoning and Planning Codes)” form circulated by the Los Angeles fair housing office of HUD to evaluate potential concerns within the City’s zoning code. The research did not reveal any negative effects of Meridian’s public policies that serve as barriers to affordable housing. This includes land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting returns on residential investment. Meridian will continue to evaluate the policies and ameliorate as necessary. Actions taken to address obstacles to meeting underserved needs. 91.220(k); 91.320(j) The primary obstacles to fully addressing residents’ needs are: 1) Limited supply of affordable units; and 2) Limited funding. The City has allocated funding to address needs within the limitations of funding. Additionally, the City is engaged in multiple regional conversations with neighboring communities and service providers to identify and address underserved needs, maintain housing affordabiltiy, and reduce the number of families living in poverty. Actions taken to reduce lead-based paint hazards. 91.220(k); 91.320(j) The City’s website provides information regarding lead-based paint hazards as well as links to HUD resources. The City addresses lead based paint hazards through mitigation as part of redevelopment efforts in older parts of Meridian. Meridian maintains communication with EPA approved and certified lead abatement contractor’s as well as lead testing facilities to complete lead clearance exams if required. Actions taken to reduce the number of poverty-level families. 91.220(k); 91.320(j) The City focuses primarily on job creation and availability of educational opportunities to reduce the number of persons living below the poverty level. The City’s Economic Development Division works to recruit new employers and encourage business expansion within Meridian. Meridian's CDBG program funds activities that provide homelessness prevention to families who are at risk of homelessness and financial assistance to homebuyers, among other activities. The City's local strategic plan intends to address poverty-based issues through the expansion of public services, focus on economic development, and expansion of quality employment opportunities for the jurisdiction’s LMI population. Meridian’s goal is to provide residents with access to services that will help stabilize their basic needs so they can focus on improving their lives. Actions taken to develop institutional structure. 91.220(k); 91.320(j) The City continuously seeks to enhance coordination and overcome gaps in institutional structure. Collaboration with Our Path Home, attendance at Idaho Housing and Finance Association (IHFA) and other stake-holder related events, and participation in regional coalitions and associations work toward the end-goal of enhancing coordination. Plans Meridian City Council Meeting Agenda December 17, 2019 – Page 454 of 504 C i t y o f M e r i d i a n C o m m u n i t y D e v e l o p m e n t B l o c k G r a n t ( C D B G ) P r o g r a m Consolidated Annual Performance and Evaluation Report (CAPER) 16 | P a g e are being developed to enhance educational and advocacy opportunities for service providers in the area regarding public and political cultures and systems in place in the region. To address the internal structure, HUD is providing technical assistance to formalize standard operating procedures and guiding documents to monitor the program, track financials, ensure compliance, and address program requirements in a timely manner. Actions taken to enhance coordination between public and private housing and social service agencies. 91.220(k); 91.320(j) There are few capacity issues related to coordination between public and private organizations in Meridian and the surrounding area. However, the City's partnership and funding relationship with local housing services organizations including NeighborWorks Boise, Jesse Tree, and ACHA will continue to expand in the upcoming program year. Coordination with other organizations like CATCH, Boise Rescue Mission, Interfaith Sanctuary, and all members associated with Our Path Home, including private housing developers, will continue to be built upon to improve networks, coordination, and problem solving in the jurisdiction. The City’s collaboration with Our Path Home, housing and homelessness roundtables, and other regional coordination efforts contributes to the City's action plan for enhancing collaboration between public and private housing and social service agencies. Identify actions taken to overcome the effects of any impediments identified in the jurisdictions analysis of impediments to fair housing choice. 91.520(a) During the 2017-2021 Consolidated Planning period, the City of Meridian identified the following impediments to housing choice and access to opportunity: Inaccessible infrastructure – Several sidewalks in Meridian were identified as needing improvement. During PY18, the City worked with the Meridian Development Corporation (MDC) to begin construction that will improve five (5) segments of sidewalks in a neighborhood with aging infrastructure that is occupied by seniors and low income residents. The construction is anticipated to be complete in early PY19. Lack of affordable housing – Support preservation of housing occupied by low income homeowners and stabilization of affordable rental housing by assisting low income renter households and supporting the creation of affordable housing. Meridian will continue to use CDBG funds to work with currently funded projects and identify potential new projects that assist low income and special needs residents (e.g., provision of food staples, emergency repairs, and emergency rental assistance). During PY18, CDBG funds provided 35 households with emergency rental assistance, four (4) households with homeownership assistance, and 40 students with scholarships for extended care. Lack of public transportation – Work regionally to improve transportation options. Meridian collaborated with the Meridian Transportation Commission, the Ada County Highway District Capital Improvement Citizen Advisory Committee (ACHD CICAC), and the Community Planning Association of Southwest Idaho Regional Technical Advisory Committee (COMPASS RTAC) to discuss the regional gaps in transportation options. Lack of accessible housing – Increase education and understanding of fair housing laws by landlords, builders, and residents. Meridian has collaborated with the Boise, Caldwell, and Nampa CDBG Programs to develop a Fair Housing campaign. Meridian City Council Meeting Agenda December 17, 2019 – Page 455 of 504 C i t y o f M e r i d i a n C o m m u n i t y D e v e l o p m e n t B l o c k G r a n t ( C D B G ) P r o g r a m Consolidated Annual Performance and Evaluation Report (CAPER) 17 | P a g e CR-40 - Monitoring 91.220 and 91.230 Describe the standards and procedures used to monitor activities carried out in furtherance of the plan and used to ensure long-term compliance with requirements of the programs involved, including minority business outreach and the comprehensive planning requ irements Per the Comprehensive Plan, a risk assessment is conducted on every project during the application process. This assessment is taken into consideration when the CDBG Scoring Committee is evaluating applications and making funding recommendations. During the program year, regular monitoring takes place with each draw. The activities submitted must comply with the stated requirements in the subrecipient agreements and provide requisite data (e.g. demographic data, payroll, etc.) for inspection prior to reimbursement. Formal monitoring is also conducted throughout the year. A risk analysis is included as an attachment to the Subrecipient Agreement and is used to determine if a project will require a desk-review or an onsite monitor for that program year. On-site monitoring occurs at least bi-annually to ensure subrecipients are meeting both the requirements and the intent of the CDBG program. A formal desk-review is conducted for every program year that does not require an onsite monitor. Other labor monitoring activities will be conducted, as activities require, according to all HUD and federal Davis Bacon labor requirements. Including minority business outreach. All relevant activities subject to these requirements will be monitored with on-site visits as frequently as required by regulations, more if circumstances require it. Desk-side monitoring takes place with each activity draw with staff and management from both Community Development and Finances departments needing to review and sign off on any reimbursement requests. The City is currently receiving technical assistance to improve the standard operating procedures and documents to guide the program, track financials, ensure compliance, and address program requirements in a timely manner. Citizen Participation Plan 91.105(d); 91.115(d) Describe the efforts to provide citizens with reasonable notice and an opportunity to comment on performance reports. A public notice of the CAPER availability and the date, time and location of the public hearing was published in the Meridian Press Tribune (previously known as the Valley Times), the Idaho Statesman, and by posting the notice on the City’s website two weeks in advance of the public hearing. After the notice was published, citizens had a period of 18 days to comment on the CAPER via email, telephone, or in person. A public hearing for the CAPER was held at City Hall on December 10, 2019 at the conclusion of the comment period. The City considered all comments and/or views receivedfrom residents. A summary of these comments or views can be found in Attachment 1. City Council reviewed the CAPER and the summaries regarding the incorporation of citizen comments or views provided, and voted on a resolution to adopt the final PY18 CAPER. City Hall is a fully accessible building. Those with disabilities were encouraged to contact the City Clerk to make reasonable accommodations. Additionally, pursuant to the City’s Language Assistance Plan (LAP), all reports and Meridian City Council Meeting Agenda December 17, 2019 – Page 456 of 504 C i t y o f M e r i d i a n C o m m u n i t y D e v e l o p m e n t B l o c k G r a n t ( C D B G ) P r o g r a m Consolidated Annual Performance and Evaluation Report (CAPER) 18 | P a g e communications will be made available in formats accessible to persons with disabilities and in languages other than English upon request. All documents related to the City’s CDBG program can be found at: https://meridiancity.org/cdbg. Meridian City Council Meeting Agenda December 17, 2019 – Page 457 of 504 C i t y o f M e r i d i a n C o m m u n i t y D e v e l o p m e n t B l o c k G r a n t ( C D B G ) P r o g r a m Consolidated Annual Performance and Evaluation Report (CAPER) 19 | P a g e CR-45 – Jurisdiction 91.520(d) Specify the nature of, and reasons for, any changes in the jurisdiction’s program objectives and indications of how the jurisdiction would change its programs as a result of its experiences. No changes. Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI) grants? No Meridian City Council Meeting Agenda December 17, 2019 – Page 458 of 504 C i t y o f M e r i d i a n C o m m u n i t y D e v e l o p m e n t B l o c k G r a n t ( C D B G ) P r o g r a m Consolidated Annual Performance and Evaluation Report (CAPER) 20 | P a g e Attachment 1 – Public Comment No public comments have been received at this time. Meridian City Council Meeting Agenda December 17, 2019 – Page 459 of 504 C i t y o f M e r i d i a n C o m m u n i t y D e v e l o p m e n t B l o c k G r a n t ( C D B G ) P r o g r a m Consolidated Annual Performance and Evaluation Report (CAPER) 21 | P a g e Idaho Statesman Legal Notice: Meridian City Council Meeting Agenda December 17, 2019 – Page 460 of 504 C i t y o f M e r i d i a n C o m m u n i t y D e v e l o p m e n t B l o c k G r a n t ( C D B G ) P r o g r a m Consolidated Annual Performance and Evaluation Report (CAPER) 22 | P a g e Meridian City Council Meeting Agenda December 17, 2019 – Page 461 of 504 C i t y o f M e r i d i a n C o m m u n i t y D e v e l o p m e n t B l o c k G r a n t ( C D B G ) P r o g r a m Consolidated Annual Performance and Evaluation Report (CAPER) 23 | P a g e Meridian Press Tribune Legal Notice: Meridian City Council Meeting Agenda December 17, 2019 – Page 462 of 504 C i t y o f M e r i d i a n C o m m u n i t y D e v e l o p m e n t B l o c k G r a n t ( C D B G ) P r o g r a m Consolidated Annual Performance and Evaluation Report (CAPER) 24 | P a g e Website: Meridian City Council Meeting Agenda December 17, 2019 – Page 463 of 504 C i t y o f M e r i d i a n C o m m u n i t y D e v e l o p m e n t B l o c k G r a n t ( C D B G ) P r o g r a m Consolidated Annual Performance and Evaluation Report (CAPER) 25 | P a g e Attachment 2 –PR03 Activity Summary Report Meridian City Council Meeting Agenda December 17, 2019 – Page 464 of 504 C i t y o f M e r i d i a n C o m m u n i t y D e v e l o p m e n t B l o c k G r a n t ( C D B G ) P r o g r a m Consolidated Annual Performance and Evaluation Report (CAPER) 26 | P a g e Meridian City Council Meeting Agenda December 17, 2019 – Page 465 of 504 C i t y o f M e r i d i a n C o m m u n i t y D e v e l o p m e n t B l o c k G r a n t ( C D B G ) P r o g r a m Consolidated Annual Performance and Evaluation Report (CAPER) 27 | P a g e Meridian City Council Meeting Agenda December 17, 2019 – Page 466 of 504 C i t y o f M e r i d i a n C o m m u n i t y D e v e l o p m e n t B l o c k G r a n t ( C D B G ) P r o g r a m Consolidated Annual Performance and Evaluation Report (CAPER) 28 | P a g e Meridian City Council Meeting Agenda December 17, 2019 – Page 467 of 504 C i t y o f M e r i d i a n C o m m u n i t y D e v e l o p m e n t B l o c k G r a n t ( C D B G ) P r o g r a m Consolidated Annual Performance and Evaluation Report (CAPER) 29 | P a g e Meridian City Council Meeting Agenda December 17, 2019 – Page 468 of 504 C i t y o f M e r i d i a n C o m m u n i t y D e v e l o p m e n t B l o c k G r a n t ( C D B G ) P r o g r a m Consolidated Annual Performance and Evaluation Report (CAPER) 30 | P a g e Meridian City Council Meeting Agenda December 17, 2019 – Page 469 of 504 C i t y o f M e r i d i a n C o m m u n i t y D e v e l o p m e n t B l o c k G r a n t ( C D B G ) P r o g r a m Consolidated Annual Performance and Evaluation Report (CAPER) 31 | P a g e Meridian City Council Meeting Agenda December 17, 2019 – Page 470 of 504 C i t y o f M e r i d i a n C o m m u n i t y D e v e l o p m e n t B l o c k G r a n t ( C D B G ) P r o g r a m Consolidated Annual Performance and Evaluation Report (CAPER) 32 | P a g e Meridian City Council Meeting Agenda December 17, 2019 – Page 471 of 504 C i t y o f M e r i d i a n C o m m u n i t y D e v e l o p m e n t B l o c k G r a n t ( C D B G ) P r o g r a m Consolidated Annual Performance and Evaluation Report (CAPER) 33 | P a g e Meridian City Council Meeting Agenda December 17, 2019 – Page 472 of 504 C i t y o f M e r i d i a n C o m m u n i t y D e v e l o p m e n t B l o c k G r a n t ( C D B G ) P r o g r a m Consolidated Annual Performance and Evaluation Report (CAPER) 34 | P a g e Meridian City Council Meeting Agenda December 17, 2019 – Page 473 of 504 C i t y o f M e r i d i a n C o m m u n i t y D e v e l o p m e n t B l o c k G r a n t ( C D B G ) P r o g r a m Consolidated Annual Performance and Evaluation Report (CAPER) 35 | P a g e Meridian City Council Meeting Agenda December 17, 2019 – Page 474 of 504 C i t y o f M e r i d i a n C o m m u n i t y D e v e l o p m e n t B l o c k G r a n t ( C D B G ) P r o g r a m Consolidated Annual Performance and Evaluation Report (CAPER) 36 | P a g e Meridian City Council Meeting Agenda December 17, 2019 – Page 475 of 504 C i t y o f M e r i d i a n C o m m u n i t y D e v e l o p m e n t B l o c k G r a n t ( C D B G ) P r o g r a m Consolidated Annual Performance and Evaluation Report (CAPER) 37 | P a g e Meridian City Council Meeting Agenda December 17, 2019 – Page 476 of 504 C i t y o f M e r i d i a n C o m m u n i t y D e v e l o p m e n t B l o c k G r a n t ( C D B G ) P r o g r a m Consolidated Annual Performance and Evaluation Report (CAPER) 38 | P a g e Meridian City Council Meeting Agenda December 17, 2019 – Page 477 of 504 C i t y o f M e r i d i a n C o m m u n i t y D e v e l o p m e n t B l o c k G r a n t ( C D B G ) P r o g r a m Consolidated Annual Performance and Evaluation Report (CAPER) 39 | P a g e Meridian City Council Meeting Agenda December 17, 2019 – Page 478 of 504 C i t y o f M e r i d i a n C o m m u n i t y D e v e l o p m e n t B l o c k G r a n t ( C D B G ) P r o g r a m Consolidated Annual Performance and Evaluation Report (CAPER) 40 | P a g e Meridian City Council Meeting Agenda December 17, 2019 – Page 479 of 504 C i t y o f M e r i d i a n C o m m u n i t y D e v e l o p m e n t B l o c k G r a n t ( C D B G ) P r o g r a m Consolidated Annual Performance and Evaluation Report (CAPER) 41 | P a g e Meridian City Council Meeting Agenda December 17, 2019 – Page 480 of 504 C i t y o f M e r i d i a n C o m m u n i t y D e v e l o p m e n t B l o c k G r a n t ( C D B G ) P r o g r a m Consolidated Annual Performance and Evaluation Report (CAPER) 42 | P a g e Meridian City Council Meeting Agenda December 17, 2019 – Page 481 of 504 C i t y o f M e r i d i a n C o m m u n i t y D e v e l o p m e n t B l o c k G r a n t ( C D B G ) P r o g r a m Consolidated Annual Performance and Evaluation Report (CAPER) 43 | P a g e Meridian City Council Meeting Agenda December 17, 2019 – Page 482 of 504 C i t y o f M e r i d i a n C o m m u n i t y D e v e l o p m e n t B l o c k G r a n t ( C D B G ) P r o g r a m Consolidated Annual Performance and Evaluation Report (CAPER) 44 | P a g e Meridian City Council Meeting Agenda December 17, 2019 – Page 483 of 504 C i t y o f M e r i d i a n C o m m u n i t y D e v e l o p m e n t B l o c k G r a n t ( C D B G ) P r o g r a m Consolidated Annual Performance and Evaluation Report (CAPER) 45 | P a g e Meridian City Council Meeting Agenda December 17, 2019 – Page 484 of 504 C i t y o f M e r i d i a n C o m m u n i t y D e v e l o p m e n t B l o c k G r a n t ( C D B G ) P r o g r a m Consolidated Annual Performance and Evaluation Report (CAPER) 46 | P a g e Meridian City Council Meeting Agenda December 17, 2019 – Page 485 of 504 C i t y o f M e r i d i a n C o m m u n i t y D e v e l o p m e n t B l o c k G r a n t ( C D B G ) P r o g r a m Consolidated Annual Performance and Evaluation Report (CAPER) 47 | P a g e Meridian City Council Meeting Agenda December 17, 2019 – Page 486 of 504 C i t y o f M e r i d i a n C o m m u n i t y D e v e l o p m e n t B l o c k G r a n t ( C D B G ) P r o g r a m Consolidated Annual Performance and Evaluation Report (CAPER) 48 | P a g e Meridian City Council Meeting Agenda December 17, 2019 – Page 487 of 504 C i t y o f M e r i d i a n C o m m u n i t y D e v e l o p m e n t B l o c k G r a n t ( C D B G ) P r o g r a m Consolidated Annual Performance and Evaluation Report (CAPER) 49 | P a g e Meridian City Council Meeting Agenda December 17, 2019 – Page 488 of 504 C i t y o f M e r i d i a n C o m m u n i t y D e v e l o p m e n t B l o c k G r a n t ( C D B G ) P r o g r a m Consolidated Annual Performance and Evaluation Report (CAPER) 50 | P a g e Meridian City Council Meeting Agenda December 17, 2019 – Page 489 of 504 C i t y o f M e r i d i a n C o m m u n i t y D e v e l o p m e n t B l o c k G r a n t ( C D B G ) P r o g r a m Consolidated Annual Performance and Evaluation Report (CAPER) 51 | P a g e Meridian City Council Meeting Agenda December 17, 2019 – Page 490 of 504 C i t y o f M e r i d i a n C o m m u n i t y D e v e l o p m e n t B l o c k G r a n t ( C D B G ) P r o g r a m Consolidated Annual Performance and Evaluation Report (CAPER) 52 | P a g e Meridian City Council Meeting Agenda December 17, 2019 – Page 491 of 504 C i t y o f M e r i d i a n C o m m u n i t y D e v e l o p m e n t B l o c k G r a n t ( C D B G ) P r o g r a m Consolidated Annual Performance and Evaluation Report (CAPER) 53 | P a g e Meridian City Council Meeting Agenda December 17, 2019 – Page 492 of 504 C i t y o f M e r i d i a n C o m m u n i t y D e v e l o p m e n t B l o c k G r a n t ( C D B G ) P r o g r a m Consolidated Annual Performance and Evaluation Report (CAPER) 54 | P a g e Meridian City Council Meeting Agenda December 17, 2019 – Page 493 of 504 C i t y o f M e r i d i a n C o m m u n i t y D e v e l o p m e n t B l o c k G r a n t ( C D B G ) P r o g r a m Consolidated Annual Performance and Evaluation Report (CAPER) 55 | P a g e Attachment 3 – PR26 Financial Summary Report Meridian City Council Meeting Agenda December 17, 2019 – Page 494 of 504 C i t y o f M e r i d i a n C o m m u n i t y D e v e l o p m e n t B l o c k G r a n t ( C D B G ) P r o g r a m Consolidated Annual Performance and Evaluation Report (CAPER) 56 | P a g e Meridian City Council Meeting Agenda December 17, 2019 – Page 495 of 504 C i t y o f M e r i d i a n C o m m u n i t y D e v e l o p m e n t B l o c k G r a n t ( C D B G ) P r o g r a m Consolidated Annual Performance and Evaluation Report (CAPER) 57 | P a g e Meridian City Council Meeting Agenda December 17, 2019 – Page 496 of 504 C i t y o f M e r i d i a n C o m m u n i t y D e v e l o p m e n t B l o c k G r a n t ( C D B G ) P r o g r a m Consolidated Annual Performance and Evaluation Report (CAPER) 58 | P a g e Meridian City Council Meeting Agenda December 17, 2019 – Page 497 of 504 C i t y o f M e r i d i a n C o m m u n i t y D e v e l o p m e n t B l o c k G r a n t ( C D B G ) P r o g r a m Consolidated Annual Performance and Evaluation Report (CAPER) 59 | P a g e Attachment 4 – PR26 Activity Summary Meridian City Council Meeting Agenda December 17, 2019 – Page 498 of 504 EIDIAN*,---- DAHJ CITY COUNCIL WORK SESSION AGENDA December 17, 2019 Agenda Item Number: 5 B Item Title: Public Hearing Continue from November 19, 2019 for New Comprehensive Plan (H-2019-0101) By Meridian Planning Department 7. Request: To replace the existing Comprehensive Plan (the Plank for the City with a new long-range planning document. The application includes but is not limited to the following. a. Approval of new text both background and policies b. Adoption of a new Future Land Use Map of the city including area of City impact boundary changes c. Accepting new goals, objectives and action items of the Plan Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 5.B . Presenter: Estimated Time f or P resentation: Title of I tem - Public Hearing Continued from November 19, 2019 for New C omprehensive Plan (H-2019-0101 C PAT & C PAM ) by M eridian P lanning Department C lic k Here for Applic ation Materials AT TAC HM E NT S: Description Type Upload D ate Memo to Council Cover Memo 12/13/2019 Meridian City Council Meeting Agenda December 17, 2019 – Page 499 of 504 Memo To: Mayor & City Council From: Caleb Hood, Planning Division Manager Date: 12/11/2019 Re: New Comprehensive Plan Changes for Adoption During the November 19 th hearing, Council took testimony from many members of the community regarding the draft, new Comprehensive Plan. On November 26 th , Council directed Staff to make changes to the draft Plan. Below is a summary of changes made. The full Draft Plan, including an updated Future Land Use Map can be found here: http://weblink.meridiancity.org/WebLink8/DocView.aspx?id=180649&dbid=0 TEXT Changes: New Policy, Chapter 3 • 3.07.01F - Provide a minimum one-acre lot when proposing residential development adjacent to existing rural estate residential properties that are 5-acres and where transitional buffers such as roadways and linear open space do not exist. New Text, for General Guidance (added to the end), under the Future Land Use Map section in Chapter 3. Note: Sample Zoning is being removed from the residential designations, but being retained for non-residential designations • Sample zoning listed in the future land use designation descriptions does not preclude the use of other zoning districts provided the proposed project is consistent with the description of the land use designation. Revised text, for the Low Density Residential designation (Chapter 3) • This designation allows for the development of single-family homes on large and estate lots at gross densities of three dwelling units or less per acre. These areas often transition between existing rural residential and urban properties. Developments need to respect agricultural heritage and resources, recognize view sheds and open spaces, and maintain or improve the overall atmosphere of the area. The use of open spaces, parks, trails, and other appropriate means should enhance the character of the area. Density bonuses may be considered with the provision of additional public amenities such as a park, school, or land dedicated for public services. Meridian City Council Meeting Agenda December 17, 2019 – Page 500 of 504 Future Land Use Map (FLUM) Changes: Magic Bridge Area (Locust Grove/I-84/Eagle Road/Magic View) • The Council directed a Mixed Use Neighborhood (MU-N) designation for most of the Locust View Heights properties, with some Commercial (COM) along Locust Grove Road and Medium Density Residential (MDR) adjacent to Woodbridge Subdivision. The lands east of Locust View Heights, in Magic View Subdivision, is proposed to go from “Office” to mostly MU-N with MDR around Woodbridge. El Gato - Black Cat – McDermott – Railroad Corridor • The Steering Committee (SC) recommended a large portion of this area for an Industrial (IND) designation; it is mostly designated Low Density Residential (LDR) on the FLUM today. The Council directed some IND north of the Railroad tracks and west of the Purdham Drain. This is substantially less area planned for IND than what the SC or P&Z Commission recommended. Other FLUM Requests Directed by Council • Franklin Road, ¼ mile west of Cloverdale – change from Mixed Use Regional (MU-R) to IND • Gemtone (Pine/Hickory area) – change from Mixed Use Community (MU-C) to Mixed Use Non- Residential (MU-NR) • NEC Locust Grove/McMillan – change from MU-N to COM • NWC Ustick/McDermott (SH-16) – change from Mixed Use Interchange (MU-I) to MU-R Meridian City Council Meeting Agenda December 17, 2019 – Page 501 of 504 BRIGHTON CORPORATION December 16, 2019 Mayor Tammy de Weerd & Meridian City Council Meridian City Hall Dear Mayor Tammy & Council Members, I recently became aware of a proposal to add Future Land Use Action Item 3.07.01F to the draft comprehensive plan (The Plan). That addition requires one -acre lot transitions for residential development contiguous to existing 5 -acre rural estate residential properties when not separated by a roadway or linear open -space. The vision of The Plan focuses, appropriately, on guiding the City's future as it evolves from an "edge community into a complete city" within its Area of City Impact (AOCI). While The Plan "reaffirms a desire to preserve Meridian's character, " it clearly anticipates a future as an urban community, transitioning from the rural fringe within the AOCI. The "Residential Land Uses" reference on page 3-9 of The Plan has a stated purpose "to provide for a variety of housing types and densities varying from large estate or semi -rural lots to multi- family homes. " But the first residential land -use designation of the FLUM—Low Density Residential (page 3-10)—defines large/estate lots as having densities of three dwellings or less per acre. The current plan's LDR land -use "cut sheet" cites compatible zones of R-2 (minimum 12, 000 s.f lot) and R-4 (minimum 8, 000 s.f. lot). In fact, R-2 zoning is the lowest density option in the UDC, implying that a 12,000 s.£, or larger, lot may be considered "large estate or semi -rural. " One final issue: on page 1-4 of the draft, it states, "The Plan is not a set ofstandards or a means to enforce City Code. Instead, it indicates, in a general way, how the community should develop. " I contend that proposed Action Item 3.07.01 F is, in fact, a zoning -specific standard and not a general guide. There are ways to transition between the urban growth of the city and County -approved five - acre parcels without the mandated one -acre solution. Plus, when the five -acre parcels within the AOCI redevelop to urban densities in the future, as they surely will, what reciprocal transition will the City require of that land owner as a buffer to the abutting one -acre lot owners? Therefore, I ask the Council to delete Future Land Use Action Item 3.07.01 F prior to adoption of The Plan. Allow the development community the opportunity to propose the buffer transitions appropriate to the site -specifics of the project knowing that each will eventually be reviewed by the Planning & Zoning Commission and Council during the entitlement's process. Respe fully, David . Turnbull 2929 West Navigator Drive Suite 400 www.brightoncorp.com p.208-378-4000 © o I o~ P I n O P1 I N. flESTUCEI AYE. V tvCC) () N. RESiUCCIIH I I x n a J — I SEP I yI O c•) On O • �.. It LEVILEVIAVE I �a (U ::E D Z m C) I © O ^ m t^ (A N.SCIIVhEIXEEEClE0. AVE. N. SCHp. 0. R[NIRIREERTft�-��-�� a P 3 c) I p o C m wz c I o ° "m o cp) m :i 9I N LEVI � 1. ad& 4 EIDIAN*,------ DAJ CITY COUNCIL WORK SESSION AGENDA December 17, 2019 Agenda Item Number: 6 A Item Title: Human Resources: Key Performance Indicators Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 6.A . Presenter: Estimated Time f or P resentation: 10 Title of I tem - Human Resources: Key P erformance Indicators Meridian City Council Meeting Agenda December 17, 2019 – Page 502 of 504 ( �� E IDIAN*,-----IZDAHO CITY COUNCIL WORK SESSION AGENDA December 17, 2019 Agenda Item Number: 6 B Item Title: Public Works: Key Performance Indicators Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 6.B . Presenter: Estimated Time f or P resentation: 10 Title of I tem - Public Works: K ey P erformance Indicators Meridian City Council Meeting Agenda December 17, 2019 – Page 503 of 504 Public Works LOS/KPI Dashboard December, 2019 Level of Service (LOS) Regulatory •Compliance to regulation Customer Satisfaction •Customer feedback on utility service Reliability •Utility system risk and reliability Quality •Operational conformance to targets Public Works LOS Metrics Regulatory •IPDES •Air •Reuse •Water Customer Satisfaction •Total # of Complaints •Complaints by Type •Complaints per 1,000 Accounts •Cost of Service •Cost per 1,000 Accounts Reliability •# of Water Main Breaks •Sewer Pipe Condition •SCADA Outages •Utility Service Disruption •Planned •Unplanned Quality •Water System Constituent Levels •WW Conformance to Control Limits •Water System Pressure IPDES Air Reuse Water REGULATORY –Compliance 2017-2019 # of Notice of Noncompliance 0 0 0 0 1 2 FY17 FY18 FY19 Non-Compliance Instances 0 0 0 0 1 2 FY17 FY18 FY19 Non-Compliance Instances 0 0 0 0 1 2 FY17 FY18 FY19 Non-Compliance Instances 0 0 0 0 1 2 FY17 FY18 FY19 Non-Compliance Instances Customer Complaints CUSTOMER SATISFACTION –Total Water & Wastewater 397 303 263 46 45 51 0 50 100 150 200 250 300 350 400 450 FY17 FY18 FY19 Water Wastewater Water CUSTOMER SATISFACTION –Complaints per 1,000 Accounts 0.00 0.50 1.00 1.50 2.00 2.50 3.00 3.50 4.00 4.50 5.00 Nov-16 Feb-17 May-17 Aug-17 Nov-17 Feb-18 May-18 Aug-18 Nov-18 Feb-19 May-19 Aug-19Nu m b e r o f C o m p l a i n t s p e r 1 , 0 0 0 A c c o u n t s Month Complaints AWWA Trendline 0 50 100 150 200 250 300 350 FY17 FY18 FY19 Co m p l a i n t s Fiscal Year Appearance Pressure Odor Taste CUSTOMER SATISFACTION –Customer Complaints Type, Water 397 303 263 Wastewater CUSTOMER SATISFACTION –Complaints per 1,000 Accounts 0.00 0.20 0.40 0.60 0.80 1.00 Nov-16 Feb-17 May-17 Aug-17 Nov-17 Feb-18 May-18 Aug-18 Nov-18 Feb-19 May-19 Aug-19Nu m b e r o f Co m p l a i n t s pe r 1 , 0 0 0 A c c o u n t s Month Complaints AWWA Trendline CUSTOMER SATISFACTION –Customer Complaints Type, Wastewater 46 45 51 8 8 11 10 8 12 3 7 3 1 2 8 20 16 17 4 4 0 0 5 10 15 20 25 FY17 FY18 FY19 To t a l N u m b e r o f C o m p l a i n t s Fiscal Year Odor Other Blow Back Plugged/Damaged Infrastructure Missing/Damaged Manhole Potential Backup RELIABILITY –Total Number of Water Main Breaks 0 0.5 1 1.5 2 2.5 3 3.5 FY17 FY18 FY19 Br e a k s p e r 1 0 0 M i l e s o f P i p e Fiscal Year Breaks AWWA (Top Quartile) Current Dashboard Information Public Works, Water & Wastewater •Quarterly Sales Data •# of Current Projects •Total Customer Accounts •New Accounts Added during Quarter Questions? +rE IDIAN*,-----IZ I DAJ CITY COUNCIL WORK SESSION AGENDA December 17, 2019 Agenda Item Number: 6 C Item Title: Community Development: Key Performance Indicators Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 6.C. Presenter: Estimated Time f or P resentation: 10 Title of I tem - C ommunity Development: K ey Performance Indicators Meridian City Council Meeting Agenda December 17, 2019 – Page 504 of 504 EIDIAN,+=- DAHJ CITY COUNCIL WORK SESSION AGENDA December 17, 2019 Agenda Item Number: 7 Item Title: Recognition of Outgoing Council Members Anne Little Roberts, Ty Palmer and Genesis Milam Meeting Notes: