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2021-02-23 Work Session CITY COUNCIL WORK SESSION City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, February 23, 2021 at 4:30 PM Minutes VIRTUAL MEETING INSTRUCTIONS Limited seating is available at City Hall. Consider joining the meeting virtually: https://us02web.zoom.us/j/87533606314 Or join by phone: 1-669-900-6833 Webinar ID: 875 3360 6314 ROLL CALL ATTENDANCE PRESENT Councilwoman Jessica Perreault Councilman Joe Borton Councilman Brad Hoaglun Councilman Treg Bernt Councilwoman Liz Strader Councilman Luke Cavener Mayor Robert E. Simison ADOPTION OF AGENDA CONSENT AGENDA \[Action Item\] Approved Motion to approve the Consent Agenda, with the exception of one item, made by Councilman Bernt, Seconded by Councilman Hoaglun. Voting Yea: Councilwoman Perreault, Councilman Borton, Councilman Hoaglun, Councilman Bernt, Councilwoman Strader, Councilman Cavener 1. Approve Minutes of the February 9, 2021 City Council Work Session 2. Approve Minutes of the February 9, 2021 City Council Regular Meeting 3. Victory Commons Cross Access Easement 4. Victory Commons Water Easement Revised 5. Final Plat for Sky Mesa Commons No. 5 (FP-2020-0021) by J-U-B Engineers, Inc., Generally Located West of S. Eagle Rd., Midway Between E. Taconic Dr. and E. Lake Hazel Rd. 6. Final Plat for Warrick Subdivision No. 4 (FP-2021-0003) by Schultz Development, Located at 5190 S. Carneros Way 7. Final Order for Apex Southeast No. 1 (FP-2020-0013) by Brighton Development, Located on the Southeast Corner of S. Locust Grove Rd. and E. Lake Hazel Rd. 8. Findings of Fact, Conclusions of Law for Mile High Pines Subdivision (H-2020- 0099) by Baron Black Cat, LLC, Located in the Southwest Corner of N. Ten Mile Rd. and W. Pine Ave. 9. Findings of Fact, Conclusions of Law for Tetherow Crossing Subdivision (H-2020- 0112) by Hayden Homes Idaho, LLC, Located Northeast of N. Linder Rd and W. Ustick Rd. 10. Development Agreement Between the City of Meridian and Spurwing, LP and Pacific Links, Limited Company (Owners/Developers) for Spurwing Sewer Easement (H-2020-0087) 11. Acceptance Agreement for the Display of Artwork in the Initial Point Gallery 12. Agreement Between the City of Meridian and Evans Development, LLC to Accept Payment in Lieu of Installing Streetlights at Movado No. 8 Subdivision 13. Approval of Task Orders for Mural Design between City of Meridian and Selected Muralists 14. Approval of Cues Sewer Line Cameras, Parts and Accessories for 2021 through Cues of Orlando Florida 15. Approval of Grantee Agreements for the Meridian Small Business Grant Program 16. Resolution No. 21-2257: A Resolution Reappointing Jessica Peters to Seat 2, Natalie Schofield to Seat 3 and Jenifer Cavaness-Williams to Seat 7 of the Meridian Arts Commission ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\] 17. Approval of AIA CMGC Contract for Pre-Construction Services for Fire Stations 7 and 8 and Police Precincts 1 and 2 to ESI for the Not-To-Exceed Amount of $60,000.00 Approved Motion to approve item removed from consent made by Councilwoman Strader, Seconded by Councilwoman Perreault. Voting Yea: Councilwoman Perreault, Councilman Borton, Councilman Hoaglun, Councilman Bernt, Councilwoman Strader, Councilman Cavener DEPARTMENT / COMMISSION REPORTS \[Action Item\] 18. City Benefit Recommendation – Updated Vacation Rollover 19. Finance Department: Quarterly Update - Fiscal Year 2020 Audit Results and Performance EXECUTIVE SESSION Motion to enter executive session made by Councilman Bernt, Seconded by Councilman Hoaglun. Voting Yea: Councilwoman Perreault, Councilman Borton, Councilman Hoaglun, Councilman Bernt, Councilwoman Strader, Councilman Cavener In to session: 5:28 pm Out of session: 5:51 pm 20. Per Idaho Code 74-206(1)(b) To consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent; and 74-206(1)(d) To consider records that are exempt from disclosure as provided in chapter 1, title 74, Idaho Code ADJOURNMENT 5:51 pm Item#1. Meridian City Council Work Session February 23, 2021. A Meeting of the Meridian City Council was called to order at 4:32 p.m., Tuesday, February 23, 2021, by Mayor Robert Simison. Members Present: Robert Simison, Joe Borton, Luke Cavener, Treg Bernt, Jessica Perreault, Brad Hoaglun and Liz Strader. Also present: Chris Johnson, Bill Nary, Crystal Ritchie, Todd Lavoie, Keith Watts, Mark Ford, Joe Bongiorno and Dean Willis. ROLL-CALL ATTENDANCE Liz Strader _X_ Joe Borton _X_ Brad Hoaglun _X_Treg Bernt X Jessica Perreault _X Luke Cavener _X_ Mayor Robert E. Simison Simison: Council, we will call this work session to order. For the record Tuesday, the 23rd, '21, at 4:32 p.m. We will begin this afternoon's meeting with roll call attendance. ADOPTION OF AGENDA Simison: Next item is adoption of the agenda. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: There are no changes to the agenda, so I make a motion to adopt the agenda as published. Hoaglun: Mr. Mayor, I second the motion. Simison: I have a motion and a second to adopt the agenda as published. Is there any discussion on the motion? If not, all in favor signify by saying aye. Opposed nay. The ayes have it and the agenda is agreed to. MOTION CARRIED: ALLAYES. CONSENT AGENDA [Action Item 1. Approve Minutes of the February 9, 2021 City Council Work Session 2. Approve Minutes of the February 9, 2021 City Council Regular Meeting Page 4 Meridian City Council Work Session Item#1. February 23,2021 Page 2 of — 3. Victory Commons Cross Access Easement 4. Victory Commons Water Easement Revised 5. Final Plat for Sky Mesa Commons No. 5 (FP-2020-0021) by J-U-B Engineers, Inc., Generally Located West of S. Eagle Rd., Midway Between E. Taconic Dr. and E. Lake Hazel Rd. 6. Final Plat for Warrick Subdivision No. 4 (FP-2021-0003) by Schultz Development, Located at 5190 S. Carneros Way 7. Final Order for Apex Southeast No. 1 (FP-2020-0013) by Brighton Development, Located on the Southeast Corner of S. Locust Grove Rd. and E. Lake Hazel Rd. 8. Findings of Fact, Conclusions of Law for Mile High Pines Subdivision (H-2020-0099) by Baron Black Cat, LLC, Located in the Southwest Corner of N. Ten Mile Rd. and W. Pine Ave. 9. Findings of Fact, Conclusions of Law for Tetherow Crossing Subdivision (H-2020-0112) by Hayden Homes Idaho, LLC, Located Northeast of N. Linder Rd and W. Ustick Rd. 10. Development Agreement Between the City of Meridian and Spurwing, LP and Pacific Links, Limited Company (Owners/Developers) for Spurwing Sewer Easement (H-2020-0087) 11. Acceptance Agreement for the Display of Artwork in the Initial Point Gallery 12. Agreement Between the City of Meridian and Evans Development, LLC to Accept Payment in Lieu of Installing Streetlights at Movado No. 8 Subdivision 13. Approval of Task Orders for Mural Design between City of Meridian and Selected Muralists 14. Approval of Cues Sewer Line Cameras, Parts and Accessories for 2021 through Cues of Orlando Florida 15. Approval of Grantee Agreements for the Meridian Small Business Grant Program 16. Resolution No. 21-2257: A Resolution Reappointing Jessica Peters to Seat 2, Natalie Schofield to Seat 3 and Jenifer Cavaness-Williams to Seat 7 of the Meridian Arts Commission Page 5 Meridian City Council Work Session Item#1. February 23,2021 Page 3 1 - Simison: Next item is the Consent Agenda. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: One item on the Consent Agenda, Item 13, that if we could I would like to pull that for a very brief discussion. Simison: Okay. Bernt: Mr. Mayor, with that -- Simison: Councilman Bernt. Bernt: We will move the -- I will move Item 13 to items moved from the Consent Agenda. Minus that I move that we -- move -- I move that we approve the Consent Agenda -- amended Consent Agenda. For the Mayor to sign and for the Clerk to attest. Hoaglun: Mr. Mayor, I second the motion to approve the amended Consent Agenda. Simison: I have a motion and a second. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay. The ayes have it. The items are agreed to. MOTION CARRIED: ALLAYES. ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] 17. Approval of AIA CMGC Contract for Pre-Construction Services for Fire Stations 7 and 8 and Police Precincts 1 and 2 to ESI for the Not-To- Exceed Amount of $60,000.00 Simison: Next is the items moved from the Consent Agenda, which is the approval of the AIA and CMGC contract for pre-construction services for Fire Stations 7 and 8 and Police Precinct 1 and 2 and I will turn this over to Mr. Borton. Borton: Thank you, Mr. Mayor. Just briefly, the questions that I had for Finance and Mr. Watts, who I see here, was is the decision on -- on two stations, two precincts at once are separate. I know there is future discussions to be had on that and -- and that coupled with some of the more recent legislative developments with funding for cities, I wanted to give at least myself some clarity on what this contract would commit us to. Maybe it's just a reminder of what we have committed to and what it doesn't commit us to. So, just ensuring that we have got the flexibility to -- to pivot and make that future decision on one versus two at a later date. So, I thought maybe Keith could provide some clarity on that. Simison: Mr. Watts. Page 6 Meridian City Council Work Session Item#1. February 23,2021 Page 4 of 19 Watts: Yeah. Mr. Mayor, Councilman Borton, you know, these -- these agreements -- or the agreement right now is for pre-construction services for -- for two stations. Pre- construction -- it's going to take us through schematic design. So, we are not even getting into construction drawings at this time the construction manager is brought on board to assist with design and, essentially, they are going to work to get you budget estimates for the two stations, so when we come back in the future we can give you some qualified information and let Council decide whether or not we want to go with one or two stations or zero for that matter. But just to bring qualified information back to Council. So, this does not tie us into any further development and we can stop this at any time during this development and this agreement doesn't -- does not take us into construction drawings. Borton: Thank you. One -- one quick follow-up question. Keep doing it this way should save a little bit of money, right, trying to do the pre-construction for both? Watts: It has. Yes. And the idea is it will save you an even greater amount when we move forward for construction, if we do -- if we do decide to do two stations. Borton: Okay. But that decision is at a later date? Watts: Correct. This is -- and the contractors are aware of this. They know where we are at, that we are just going through -- we are going to go through schematic design, get information to bring back to Council so Council can make an educated decision on what direction to move forward. Borton: Okay. Thanks, Keith. Mr. Mayor, I didn't have any other questions. That just helped clarify where we were in the process. Simison: Okay. Then with that, Council, is there further discussion or a motion? Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I think that if we approve this it sort of gets us closer to a planning cost estimate. That would help us make an informed decision. So, I move that we go ahead and approve Item 13. Perreault: Second. Simison: I have a motion and a second. Any discussion? If not, all in favor signify by saying aye. Opposed nay. The ayes have it and the item is agreed to. MOTION CARRIED: ALL AYES. DEPARTMENT / COMMISSION REPORTS [Action Item] Page 7 Meridian City Council Work Session Item#1. February 23,2021 Page 5 of 19 18. City Benefit Recommendation — Updated Vacation Rollover Simison: Next item is our Department/Commission Reports -- is the city benefit recommendation. I will turn this over to Director Ritchie and Lavoie. Ritchie: Thank you, Mr. Mayor and Members of Council. Can everyone hear me? Okay. Thank you. So, on behalf of the compensation committee I want to thank you for your time this afternoon. It is essential that the city attracts and retains highly -- highly qualified individuals to deliver exceptional services every day. To achieve these service standards the city must employ individuals who exemplify our city's CARE values. Fostering a culture attractive to such employees depends on many factors, including the compensation -- or, excuse me, a competitive compensation program. So, Todd and I are here today requesting your consideration and approval to update our current vacation rollover program. I sent you prior to the meeting a document with a recommendation overview and I'm going to attempt to share my screen to walk you through that document. So, let me see if that's -- let me know if you can see my screen face. Thumbs up. Thank you so much, Council Member Borton. So, we do currently today have a vacation rollover program in place. We are in front of you today asking for your consideration and approval to update the program. So, I will walk you through this particular change document. Currently today our eligible employees would be those that are regular full-time general employees, regular full-time fire union employees. Currently today the vacation rollover program offers general employees the ability to roll up to 40 hours of vacation into a PERSI choice 401 k account. It also gives that option to the fire union employees. However, they have the option -- or had the option to roll up to 50 hours. The allowable redemption method under today's current program was a conversion conducted at a one- to-one ratio and it was limited to just contributions into the PERSI 401 k program. So, the Comp Committee has taken a look at this particular program and what we are presenting to you today would be an update to this program, so that all regular full-time employees who have been employed with the city for at least 24 months would be eligible to participate. Our union employees would be governed by the collective labor agreement. Rather than it's up to 40 or up to 50 hours as noted in the current program, today what we are recommending is that eligible employees have the ability to convert any amount of their accrued vacation leave balance of at least 50 percent of their maximum possible vacation accrual annually as of March 31 st. All eligible employees must maintain a minimum vacation balance of at least 50 percent of the maximum allowable vacation accrual in order to participate in the program. We would like to continue to offer it at a one-to-one ratio, but we would like to expand the option to roll those vacation hours into either the PERSI 401 k choice or the state 457, but it would be limited to one or the other, and, then, all vacation rollover convergents would not be eligible for the retirement match program. That's an overview of the changes that Todd and I on behalf of the Compensation Committee are presenting for your consideration and approval today and Todd and I sit, if you will, for any questions that you may have. Simison: Thank you, Crystal. Council, any questions? Bernt: Mr. Mayor? Page 8 Meridian City Council Work Session Item#1. February 23,2021 Page 6 of 19 Simison: Councilman Bernt. Bernt: Just one clarification. The allowable redemption methods, the conversions will be invested into these PERSI choice or the 457, but to make it clear, they are not able to get any type of addition to their check or -- direct from the city; is that correct? Ritchie: Council Member Brent, that is correct. It is a rollover into a retirement account, not a cash out option. Bernt: Cash out option. That's what I was looking for. Perfect. Thank you. Perreault: Mr. Mayor? Simison: Council woman Perreault. Perreault: Thank you, Crystal. Could you elaborate on the paragraph that says all eligible employees must maintain a minimum vacation balance 50 percent of the maximum level vacation to participate in the program. That needs to be held during -- how long do they need to keep it at that balance? Is that -- is that an annual requirement or-- can you talk about the time frames for that? Ritchie: Uh-huh. Yes. So, we want to offer benefits to our employees, but we also want to offer -- we also want them to maintain a work-life balance. So, what we are saying in order to participate in the program they have to maintain a vacation balance to be able to use for vacation purposes and in this case we are recommending that at 50 percent of their pool balance that they would be eligible to roll those over and still maintain a vacation balance for those vacations needs. So, they are not able to roll all of their vacation, just 50 percent of their maximum accrual, so that they maintain vacation ability during the 12 months before the next rollover option. At this point in time Finance and HR would designate a point in time of March 31 st that we would pull the accruals to determine who is eligible, we would communicate that out to the employees that they are eligible and here is the amount that they have available to roll, and that would occur then. Perreault: Thank you. Ritchie: You're welcome. Simison: Council, any further questions? Borton: Mr. Mayor? Simison: Councilman Borton. Borton: Just a quick question for Todd. If you can give us a snapshot of the fiscal impact. Lavoie: Sure. Mr. Mayor, Councilman Borton, this is a tough one to do. This is a second Page 9 Meridian City Council Work Session Item#1. February 23,2021 Page 1 of — year program, so we don't have a lot of trend data yet on the use --the use of this program. We only have one year. We had 16.43 percent of the people participate last year. So, if we use the same 17 percent estimate that people will actually use this program, based on our projections we see about 125,000 dollars as a potential cost to the City of Meridian for this year's rollover program, assuming 17 percent of the people maximize their full cash out opportunities. So, there is a lot of variables here, but that's -- Borton: Sure. Lavoie: -- the best estimate after one year of data. Borton: Thank you. Lavoie: Thank you. Simison: And just to follow up on that question, I guess the questions that I did not hear or discussion is -- is this for the upcoming FY-22 budget consideration? Is that their recommendation? Ritchie: Thank you, Mr. Mayor. No. I apologize, I should have clarified that. We are asking for that for 4/21. To be effective this spring. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: A clarifying question. If it's -- if it's wanted to be brought in fiscal year '21, from a budgetary standpoint is that a -- is -- is Finance or HR planning to bring like a budget amendment to cover those particular costs or is it built into the compensation that's already assigned to each employee? Lavoie: Mr. Mayor, I'm happy to take this one for you. The budgetary situation for this one right now is we may need to do a budget request in fiscal '21. My guess -- my estimates on the current budget situation right now is that we will have it -- we will have available revenues over expenses that should be able to absorb 125,000 dollars for the entire City of Meridian's expected cost tier. We can reevaluate our finances in June and if we need to do a budget amendment to make the budget hole, we can present to you in June. But I think as of right now the city has the bandwidth to absorb 125,000 dollars in additional cost split between two funds, the General and the Enterprise Fund. Cavener: Okay. Strader: Mr. Mayor? Simison: Council Woman Strader. Page 10 Meridian City Council Work Session Item#1. February 23,2021 Page 8 1 - Strader: Thanks, Crystal. I -- and maybe for Todd as well. I think it would be helpful if you could give us an idea of how meaningful this could be to someone. So, you know, how -- I don't remember exactly how many days people get, but how many days would be eligible for this rollover and do we have an estimate of like the average maximum benefit for employees or --just to give me a ballpark example. Lavoie: Sure. Mayor, Council Woman Strader, so of the data that we have -- again, please, know this is all -- a lot of this is projection and hypotheticals. The largest value that we could potentially see for one employee would be right around 12,000 dollars in a payout. That's if they exercised one hundred percent of the eligible hours and rolled over one hundred percent of that. The average, using the data, is about 1,500 dollars if every single employee that's eligible did exercise an opportunity to cash out or rollover the money into a post-retirement account. Strader: Thank you. Lavoie: You're welcome. Simison: You know, Council, the one thing that I -- I wanted to at least get Council's temperature on this concept, you know, from a practical standpoint I'm much more -- and -- it's a -- I would treat this personally more like an education reimbursement where we, under our budget plans, we have got an intent to participate in the program, which can help us build a dollar figure for upcoming budgets. I don't -- I have not talked to Todd about that process in terms -- or Crystal in terms of how that would look, but at least it would give us a better idea each year if we want to go this way what the actual costs could be by having the employee say it's my intention in FY-22 to participate and, then, we could actually run numbers and put in an associated amount into the budget for consideration. So, those are some of the conversations that I would like to have with staff at the appropriate time in terms of how to administer it, but I think it's -- at least right now, you know, for me it's do you see value in -- in adjusting the program, knowing that there is a cost or not, or is it always going to be each year based upon what the cost would be is going to be the impactful conversation. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: Does action on this item -- does it require stating a date -- effective date? Is it starting with the March payroll or starting with X pay period that would be referenced or what's the recommendation of that? Lavoie: Mr. Mayor, if I could take this one for you. The date that we do need to have this approved by would be your March 23rd Council hearing, because I'm assuming the fifth Council hearing on March 30th would not be held. So, the 23rd of March during the Council presentation is when we need to have this, because the dates, as you referenced, Joe are March 31 and the policy -- we want to respect the policy as written. Page 11 Meridian City Council Work Session Item#1. February 23,2021 Page 9 of — Borton: I didn't ask that very well. I think I was trying to find if we stated at the effective date, so when it was -- the policy would start and first be applied. For example, if we took action today would we state that it is effective March 1, for example, or -- Nary: So, Mr. Mayor? Simison: Mr. Nary. Nary: Mr. Mayor, Members of the Council, so what we would do is take your direction today, bring you back a policy that would have a resolution attached to it and in that policy it will have the policy and the procedures on how this is going to be implemented. Borton: Okay. Thank you. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Mr. Mayor, you know, looking at this we have had it for one year, which is not a long time frame to evaluate. We are giving another additional option, but only one other option of where to move that money to and, then, some other minor -- minor tweaks to the -- to the program. To your point about the funding and whatnot, do we ask for intent or do we just kind of go off of estimates each year what Mr. Lavoie mentioned, you know, using last year, estimate 17 percent usage and, then, we budget for that figure and, then, can make future adjustments might be an option, as opposed to asking people -- because, you know, sometimes people intend to and they don't or they didn't think about it and, then, it's decided that, yeah, let's do that. So, that -- I don't know if that intent would be to lock them in or just give us an idea, but either way I think, you know, some sort of estimate, whether it's doing that or having that 17 percent or whatever Finance looks at over the previous year would help us set that number each year and, then, maybe make adjustments if necessary come towards the end of the fiscal year. Simison: Yeah. And those are -- those are those questions -- I think some of the challenges as well. You may remember that we upped the amount of accruals the employees will get in their vacation each year as part of that process. That -- that is going --that will have a potential impact, because people will have more time and will they either take more time off or will they use that to reinvest into this, which -- so, that 17 percent, while it's a good starter, you could have 50 percent employees participating next year, because they have more hours than they know what to do with or they are going to take them all. So, I think it's going to be a learning process for several years regardless of what direction we go in how best to administer. It is just back to that basic question, know it's hard to sometimes make a determination when you have a policy change that has a financial impact when the financial impact is the unknown and so -- Cavener: Mr. Mayor? Page 12 Meridian City Council Work Session Item#1. February 23,2021 Page 10 of 19 Simison: Councilman Cavener. Cavener: I think to that point, you know, I appreciate that this has come back a year later -- maybe it's just a suggestion is that at least maybe for the next couple of years that this comes back on an annual basis, so that Council has a good opportunity to kind of hear what the -- that financial impact is and how it's changing and evolving. Again, my assumption would be with this year a lot of our employees didn't have the opportunity to -- to go anywhere per se, so maybe it's likely that many of them held back on their vacation. So, just a thought to begin to continue maybe to bring this back on an annual basis. Simison: So, Council -- Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: You know, I -- I think it's incredibly important to save for retirement and this is very meaningful for people. I think it makes sense to continue with the program and take a look at it as Councilman Cavener said. I think we need to keep an eye on it probably a little more as we find out how many people use it, but it's also important for people to take their vacation; right? It's important. I don't want employees to take away that City Council thinks you shouldn't be taking your vacation and I just want to make sure we are not incentivizing the wrong behavior, too. Right? But I appreciate that requirement to keep a vacation balance, because we need people to take vacation. We need them to disconnect, so that they are ready and -- ready to reconnect when they get back to work. So, I don't know that -- maybe that's the only hang up I have is a little bit of a -- I think it's meaningful. I'm supportive of it in general continuing and taking a look at it annually, but I just don't want people to take away the conclusion that we don't want you to take your vacation. That's definitely not the case I'm sure. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Yeah. Thank you, Mr. Mayor. Appreciate it. I appreciate good Council Member Strader bringing that up. I -- I would hope that the message that comes from both the executive branch and the City Council is we value work-life balance. This is just another tool in your workshop to be able to utilize should you see fit. I appreciate the opportunity to save for people for retirement. I think the-- again, one of the reasons when -- a number of years ago when I applied to work for the city was the retirement options that are available. I guess I kind of sit on the other side of the fence on this is that I would be one that would support allowing our employees to take a cash payment to be able to do something with it. And, again, I guess I look at-- at this year as a really unique year where families maybe aren't able to go on vacation, but instead maybe if an employee was able to cash some of that out to buy a season pass to Bogus Basin or Roaring Springs for their Page 13 Meridian City Council Work Session Item#1. February 23,2021 Page 11 of 19 kids or purchase a new tent to be able to go on a camping trip, giving our employees those options as well. So, I think those are some of the things that I would like to have a more robust conversation maybe next year when we have a good understanding about how this program is being utilized. Simison: So, Council, do I have a general viewpoint that this is something that you are supportive of moving forward? Borton: Yes. Simison: Okay. Then we will go ahead and I will work with Todd and Crystal and maybe just explore a little bit more about how that looks for this year and FY-22, what makes sense, and, then, bring it back under Todd's time frame. Okay. Borton: Thanks, Crystal. Simison: Thank you. Ritchie: Thank you. 19. Finance Department: Quarterly Update - Fiscal Year 2020 Audit Results and Performance Simison: So, with that we will move on to the next item on the agenda, which is the Finance Department quarterly update and turn this over to Mr. Lavoie. Lavoie: Thank you, Mr. Mayor. Let me go ahead and get the screen shared for you. Mr. Mayor, Members of the Council, good to see you guys. I did provide this presentation to you last week for early access, so if you guys have questions please please engage myself and yourselves during this presentation. We want to answer all of the questions that we can for you regarding the data that's presented to you. Today's information is your fiscal year 2020 budget to actual and review basically. This is instead of going through an official audit report, this is going to kind of take place and replace the presentation from an audit report. This gives you the results of the fiscal 2020 data. The audit reports have been delivered to your inboxes in paper form. The presentation -- or the actual audit report will be on -- I think it's next week -- or two weeks from now will be on the Consent Agenda for acceptance and approval. The audit report will be available online as well, so there is plenty of places where you can access the data and the content, but this presentation here is a summary of the budget-to-actual results for fiscal 2020. We will let you know what the results look like for your fund balances. Per our annual requirements we do provide you a separate report on the impact fee. We want to present to you the revenues and expenses collected just on the impact fee fund itself and, then, will explain to you or inform you about what's coming up next in the quarterly update for June -- May, June time frame and, then, stand for any questions. Again, please, engage anytime between now and the end. You don't have to save your questions for the end. Please engage each other and myself. So, with that that is the agenda. What we will do Page 14 Meridian City Council Work Session Item#1. February 23,2021 Page 12 of 19 is we will split the presentation in two pieces. One's called governmental funds and our General Fund is what you are probably more comfortable with and the other one is called the Enterprise Fund or business-type activities. So, we will split it up into two sections. First we will do the General Funds or the governmental funds and, then, we will talk about the Enterprise Fund afterwards. So, we will start off with revenues first. As a whole for the entire General Fund we actually ended up the year seven percent higher than budgeted. What we have here are some of the larger revenue sources by independent -- by their -- by themselves, but as a whole they finished the year at seven percent. The largest percentage difference you can see is all the way to the right at 229 percent and that's primarily due to investment income. We were very conservative during COVID. We weren't certain what was going to happen with the markets. So, we went super conservative on our investment interest income projections and it just came in twice as high as we thought. I mean the market did amazing last year. So, that's what that is. It's percent is achieved from a dollar value. It's not very big. You can see it's not. But that's what that is. The revenue associated to the inter-governmental that, you know, didn't quite make our mark, you know, that didn't make our hundred percent mark we were shooting for. This was primarily due to the grant monies that we received, but we never expanded, or that we -- we received or budgeted, but we haven't gotten yet. So, we got it in '21. So, if you put the two years together we will -- we will have the revenue sources, but there is a delay in the actual collection of grant revenues, CARES Act, all that stuff that --we put the budget in, but we didn't collect all the dollars as we expected. So, that's why we didn't quite meet our number there. Licenses and permits. You will see trained on this one and some other slides, this is building permits. Those are those that -- development agreements that you see every week that you approve -- again exceeded our estimates. We went pretty aggressive on our estimates. You can -- you guys just did a little bit more than we thought you would do. It's not a bad problem. It's -- you know, we will continue to fine tune our estimates on what we think development will do, but that's a very tough -- tough one to get to a hundred percent. It's pretty volatile. But, you know, that's why that's 162 percent is because growth is still happening at a faster pace than we expected and, then, at the end it's going to show that property taxes --this slide shows you that is pipe -- is our prominent revenue source. It's the most important thing we have in our -- in our bucket here. We finished the year at 1.9 percent. Our goal is to be off two percent either side. We are usually at the one percent mark. But, again one -- 1 .9 percent we were very happy with that estimate, the results there. Again, we just want to make sure we treat and respect property taxes to the best we can on all our decisions, since it has a large component of our overall revenue. So, that is the revenue results for the General Fund. Now I'm going to go into the expenditure sides. For the General Fund we will do personnel, operating and capital. So, first we will start with the personnel expenses for the city and -- for the city's General Fund. Overall we finished at 93 percent of our budget. So, we left seven percent, you know, quote, unquote, on the table. Our average is 88.9 percent. So, we exceeded our average that we track. So, that's great. Our largest percentage gap, as you can see, is with the Parks Department at -- and they left 16.7 percent of their budget I guess on the table and that's primarily due to COVID 19 and the inability to hire and staff the necessary advance in the parks needs during fiscal 2020. If that did not occur they would have been most likely in the 94, 95 percent range. Again COVID hurt them pretty bad. The largest dollar value gap is associated to the Police Page 15 Meridian City Council Work Session Item#1. February 23,2021 Page 13 of 19 Department at 1.4 million dollars and that's due to their, you know, hiring practice. It takes a while to hire. We understand that they have some leftover there, but it's -- it's partly due to the hiring process and, you know, they are making the right decisions for the city and we respect the time that they take. But that represents about a million bucks left on the table there. So, that's personnel wages. Operating expenses. The General Fund spent 73.7 percent of their overall operating budget. Our average is 82.8. So, again, we did not quite make our overall, but you can see the four departments exceeded our average of 82.8 and the 73 is brought down because of the admin's 49.7 percent and that's pretty much due to the three million in CARES Act money that we budgeted that we never got to spend it. We spent it in '21. It's all a timing issue. So, we put the money in the budget saying, yeah, we are going to spend all this CARES Act money. It's just a timing thing. We spent it in October. We spent it in November. We spent it in December. So, you know, everybody else did great. You know, it looks funny, but if you take the three million dollars off that bar chart there we are going to be closer to the 85 to 90 percent percentile, which is above our 82.8 percent average for the operating. There are no other -- I didn't see any concerning items in the other four departments that I needed to report on. Everything else was --just some products didn't get finished. Some carry forward items. But that's how operating turned out for the General Fund. That gets us to capital. This is the last component of the expenditures that we will review. Overall we spent 38.8 percent of the total capital budget that you approved for us during the budget year last year. Of that the General Fund is requesting 7.8 million of the available 8.8 million left on the books. So, 7.8 we are going to take it in the next fiscal year. So, over the two year period we are going to spend 13.4 of the 14.4 million that you allocated to us in fiscal '20. It's all timing. Police is the biggest difference and that's associated to the scenario village, police station improvements, and precinct construction. That's about 6.2 million of the 7.8 that we needed to carry. There is some parks money in there for some parks projects. But for the most part capital projects don't get finished in the fiscal year, they are always carried. In this case we are carrying a majority of the money left on the table into the next fiscal year. So, in summary, we showed you the expenses or revenues. We showed you expenses. So, this is -- represents the General Funds as a whole. Again, revenue finished seven percent higher than budgeted and, then, you can see the personnel, operating, capital where they finished on --versus actual the budgets. You know, revenue is higher than the budget, so that's a good problem. Actual expenditures are lower than the budget. That's a good problem. Again, these are all good problems to have, but our -- our goal is to still get to that hundred percent mark to be, you know, as efficient as we can with the dollars that you give us. Again, so this is the General Fund in summary. Revenues versus expenses for the fiscal year 2020. So, with that what does this mean to the General Fund balance? What does this mean to the reserves? What did it do? So, when you add up all the revenues, subtract all the expenses, added 13.1 million to our fund balance. I do want to remind you of the 13.1, eight point -- 8.4 million is already cut aside for those carry forward projects. So, again, we have that there for a reason. We add the 13.1 million to our pre-existing fund balance. You now have a new fund balance as of 9/30/2020 of 89 million dollars. Again this report is available to you. We provide you the fund balance report on a monthly basis per part of the financial reports. We show you the 89 million dollars on that report. Of the 89 million I do want to let you know that we do put the 89 million in five buckets of spending authority to an extent. We Page 16 Meridian City Council Work Session Item#1. February 23,2021 Page 14 of 19 do have a category called nonspending. We have about 320 grand in that. That's money that we must hold aside for existing obligations. We can't touch that, it's something already involved, and that's mostly prepaids. So, we have already got the invoice. It's a prepaid, so we can't touch that. Of the 89 million we have 20 million dollars in restricted. What we mean by restricted is that's primarily our impact fee funds. So, as we have collected monies, we are holding it, we are saving it before we spend. We have a bunch of capital projects in line. The fire stations, the police precincts, and the Discovery Park. Again, we are holding that money for a particular reason. So, that 20 million is what we call restricted and we have committed and assigned -- between those two we have about 20 -- about 22 million. Those were all like carry forward projects or assigned projects or committed projects. Those are -- those dollars represent -- represent activities in play. We need to keep that money, so the managers that are managing the projects they have the funds available that you have previously approved for those contracts. So, that money is available to them. So, when you take out all those, you know, kind of committed restricted funds that leaves you 45.3 million dollars in what we call unassigned. Of the 45.3 million, 18.3 of that is put into our reserves following our city reserve policy. So, we have a policy that we follow and 18.3 represents that. So, that gets you down to the 27 million dollar unassigned fund balance. The question is what do you -- what are you -- you know, what's this 27 million dollars for. We have a CFP that we presented to you last -- you know, two months ago that shows you our ten year plan of capital projects. Just to name off a few what we are going to use this 27 million for, you know, about eight million for two fire stations. Golf course improvements of about 2.5 million. A community center a little over a million. We have parks and -- parks pathways of 3.2 million. Linder Road overpass 2.5 million we have earmarked for that. A ladder truck 1.7. This is all stuff in your CFP. I just thought I would just grab a few of the items to kind of let you know that the 27 million is there for a reason and we have a ten year fee CFP that explains why we have those funds available and we have a plan to spend all those dollars over the next ten years. These are just some of the items that I wanted to inform you or remind you of that, why we have that money set aside in our fund balance. So, that is the General Fund report -- again, revenues, expenses, change the fund balance, fund balance distribution and what we plan on using those funds for. So, that's your fiscal year 2020 General Fund audit report, financial report, and review. Again, if you have question feel free to engage. If you want to save it for later I'm good with that. With that we will jump into what we call our Enterprise Fund, our business activities fund. This is primarily water, sewer, engineering, utility billing. We will treat this just like the General Fund. We will start with revenues. Revenues ended 7.8 percent higher as a whole for the Enterprise Fund. Again, pretty close to the hundred percent mark, which we are happy about. We ended up higher, which is almost always -- always a good problem. The water and sewer sales, again, we didn't quite make the hundred percent mark. So, we are going to analyze that data to see why we didn't make the hundred percent mark. Do we need to adjust our projections. So, again, we will look at that. You know, our goal is to be right around that hundred percent mark. We are only off by 1.6 percent on one of them. Not bad. Development, which is influencing the water assessment and sewer assessment, those are those hookup fees or those new assessment fees and they are a little bit higher than our projected. It's based on developments. You exceeded some of our estimates on what we thought was going to happen. So, that's what that represents. Again, we will continue Page 17 Meridian City Council Work Session Item#1. February 23,2021 Page 15 of 19 to look at the projections. The other revenue is interest on income of investments. Again, we went super conservative and we exceeded our investment income and that's what that is primarily made of. Let's see what else we have here. Just want to note that water sales and sewer sales make up the majority of the revenue in this fund. Assessment fees are cyclical with development, so as development slows down that revenue goes down and as that revenue -- or growth goes up that revenue goes up. So, the most consistent and most important revenue to us is the water sales and sewer sales. We need to really manage those accordingly. So, those --that's revenue in summary. We will go personnel, operating, and capital, just like we did with the General Fund. For the year fiscal year '20 the Enterprise Fund ended up spending 91.9 percent of its entire budget. So, you -- they spent all but, what, 8.1 percent of what you allocated to them. So, that's awesome. Their average is 89.7. So, they exceeded -- all four divisions exceeded the standard average that we have been tracking. All departments, again, appear to average -- over average and the variances are most likely due to vacancies. You know, they -- they are not -- we are not always running at a hundred percent budgets of staffing. So, again, that's why most likely all these variances are for this -- there is times in the year where we don't have a hundred percent staffing. I did not find any concerns on the personnel expenses that -- when we reviewed them with the auditors. That moves us to the operating expense. For the year fiscal '20 the Enterprise Fund ended up spending 70.9 percent as a whole. Our average is 80.4. So, we are ten percent below our average. As you see the largest primary percentage gap was associated to our Public Works Department. They spent 55.2 percent. So, they left about 460,000 dollars on the table. Of that 460 they did ask us to carry 236,000 into the next fiscal year. So, those are projects that did not get finished. So, we will move 200 -- we will carry 236 of that into fiscal '21. And, then, the next largest percentage and dollar variances is in the wastewater division. They have asked us to carry over 249,000 dollars into next fiscal year for unfinished projects. But they also have one million dollars worth of CARES Act budget. Again, just like the other issues. You got the budget -- we put the budget in our books, but we never expended it. Most likely it got expended in October, November, and December. So, that was the majority of why that wastewater is out of balance is due to the CARES Act funding. That leads us to the capital side of the Enterprise Fund. They ended up spending on average -- for the whole 63.8 percent, which is about eight million dollars they left on the table. Of the eight million dollars -- the revenues, the expenses, as you can see revenues ended seven percent higher than budget. The other three categories all ended up actual below budget. Again, good problems to have. Our goal is to be a hundred percent. We will continue to tweak our operating, capital, personnel estimates with the revenues. We want to make sure when we are standing in front of you every June that this is -- these are the dollars that we need, that we actually, you know, execute those dollars to the hundred -- the closest to a hundred percent that we can. So, with that we have talked about revenues. We talked about the expenses. So, when you add up all the revenues and subtract all the expenses, the impact to the Enterprise Fund was we added 15 million dollars to the Enterprise Fund for fiscal year 2020. When you add that to the previous fund balance, you now have a fund balance as of 9/30/2020 or fiscal year end 2020 of 63.7 million dollars. Again, this information is conveyed to you on our monthly financial reports on page two. This is an increase of 15 million. The Enterprise Fund has 8.4 million. That's the carry forward number that we talked to you about earlier. So, 8.4 of Page 18 Meridian City Council Work Session Item#1. February 23,2021 Page 16 of 19 that 63 million is assigned to carry forward items, which leaves you 55.3 million in what we call unassigned. Up to 55.3 -- well, 15.7 is meeting our reserve policy. So, we have that following our city financial reserve policies. So, 15.7 is reserved, which leaves you 39.5 million dollars of unassigned monies. These dollars are identified in our CFP. Again, they are identified, but we can't commit or contract with them yet, because they are on a ten year-- you know, they are within our ten year CFP plan. The projects are listed in the CFP accordingly and you can refer to that document if you want to see exactly what projects are I guess identified to utilize that remaining 39.5 million dollars. So, that is the change to the fund balance for the Enterprise Fund. So, again, both funds had a positive increase to their fund balance year over year. Again, please, let me know if you have any questions on either of those funds at any time. Following our agenda that gets us to the impact fees. We do need to report to you on an annual basis what our impact fee results are. For the fiscal year 2020 what you have here are the revenue results by the department. So, each of the three departments that we collect funds for, Fire, Parks and Police, they both exceeded our estimates. Again, this goes in line with all the development projections. You have exceeded -- you approved more permits than we thought you would. So, the results are showing higher than what we expected. So, again, for all three funds or three departments we ended the year 24.7 percent higher than what we budgeted. So, we exceeded our expectations by 24.7 percent on average over the three. I'm going to go over the Fire, Parks and Police individually. This is the Fire Department. This is the results. We generated 47 percent more revenue than we expected and we also spent one hundred -- we spend 93.5 percent of the expenses all associated with Station 6. So, we almost got to that hundred percent mark, but Station 6 is done, so now we are saving up for seven and eight. But that's what this title represents is the Station 6. That moves us on to the Parks Department. Again Parks Department -- we collected 12 percent more than we thought. We spent only 44 percent of our capital budget, so we have carried all of it forward to fiscal '21, so we can continue the development of those project requests. And, then, the Police Department, we collected 62 percent more in revenue than we thought and the big gap here on the capital is mostly due to the scenario village and the precinct projects that we have in play. Again we just need to hold onto the money and save before we spend and, then, we will get those dollars expended over the next ten years easily for those projects. So, in summary, revenues is 24 percent higher than we thought. We don't really have operating in this -- in this fund. This is a capital only project basically. So, we save our money for the infrastructure necessary to complete the capital buildings, stations, the scenario village. We spent 55 percent of the capital requests. So, with that what does that do to the impact fund. So, we add up all the revenues, subtract all the expenses, we add in 4.4 million dollars to the fund balance. Each fund -- each department had its own impacts to the fund balance itself. Total impact fund now sits at about 20.3 million dollars as of 9/30/ 2020. So, again, all those dollars are restricted. They are assigned. There are -- they have already been identified for the future projects going forward. So, we don't really touch that. So, again, there is 20.3 as part of that 89 million dollars in the General Fund that we don't want to touch or anything else other than impact fee uses. So, that is your fiscal year 2020 financial report. In summary we have covered Enterprise Fund, the General Fund, and the impact fee fund. Again, all this data is in the audit report as well. We have all this on your opengov dashboard reports as well. Everything's at your Page 19 Meridian City Council Work Session Item#1. February 23,2021 Page 11 of 19 fingertips. So, with that -- so, again, recap. Talked about the '20 fund balance and the impact results. Following the agenda the next quarterly update will be probably in May. It's going to be mostly demographic data. This is going to assist you in your budget discussions for fiscal '22. So, we are going to give you some -- some numbers and data to help you articulate the requests that we are going to present to you, with population per capita, some sales data, contracts and water usage. It's really there to help you have a better understanding of how we are developing the budget for 2022 and that will be in May. We will be presenting with you in June. So, that -- I think this is timely information for your discussions and with that I stand or sit for any questions. Simison: Thank you, Todd. Council, any questions? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Thank you, Mr. Mayor. Todd, the -- the revenues exceeding projections on the impact fees is -- is interesting. Does that create a -- I guess should that trigger a discussion at the City Council level about the rate of our impact fees? I know that there is always a concern about making sure that we are -- we are spending the impact fees to me kind of how we have calendared things out. That's also based on a -- I guess a projection of revenue that we have coming in. Twenty -- 25 percent above projections seems high. I just don't know if that causes any concern from your department or from the impact fee committee about the rate of which impact fees are coming in. Lavoie: Mr. Mayor, Councilman Cavener, that's a fair question. We discuss this every year within our impact fee committee. We agree with you that we need to keep track of the 25 percent over estimate -- our estimates. Does it impact your fee rate as you say? I would say no to that. This impacts your collection timeline, which -- so, if we are collecting it faster we could get the project done on a quicker basis, because we built a ten year CIP to collect these impact fees over ten years. So, if we -- instead of having something done in year seven we can get it done in year four, that's awesome for us. Then we will open up the impact fee study, because we have now completed all the projects. We don't need anymore money. Now -- now, let's redo this, because we are four years ahead of the scheduled plan, let's recalculate it based on a new CFP and so, hopefully, that answers it. But, yes, we analyze it on a yearly basis. We present this to you on an annual basis, so you can ask these questions. But, yeah, we are always looking at this and say are we at the right time to open it, how are we doing on timelines of our CFP. Cavener: Great. Thanks, Todd. Lavoie: Thank you. Strader: Mr. Mayor? Page 20 Meridian City Council Work Session Item#1. February 23,2021 Page 18 of 19 Simison: Council Woman Strader. Strader: Similar question, but more on the property tax side. So, if property tax revenue is up by 1.9 percent above what we expected, what is the -- is there a primary driver of that deviation from what we expect and what is that? Lavoie: Biggest primary driver is going to be delinquent taxes being collected today. So, we only added -- we provide you a hundred percent of what we believe will be collected today. If we have any in arrears, uncollected, which we do. We don't have a hundred percent collected. Of those late payments, quote, unquote, are delinquent, that's what's bringing up the difference. Strader: Perfect. Thank you. Lavoie: Thank you. Simison: Council, any further questions? Okay. Mr. Lavoie, thank you very much. Appreciate the information and the ongoing financial conversations as we head into this FY-22 budget cycle. Lavoie: Thank you, Mr. Mayor. Appreciate the time. EXECUTIVE SESSION 20. Per Idaho Code 74-206(1)(b) To consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent; and 74- 206(1)(d) To consider records that are exempt from disclosure as provided in Chapter 1, Title 74, Idaho Code Simison: Council, next up is Item 20 on our agenda. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we go into Executive Session per Idaho Code 74-206(1)(b) and 74- 206(1)(d). Hoaglun: Mr. Mayor, second the motion. Simison: I have a motion and a second to go into Executive Session. Is there any discussion? If not, Clerk will call the roll. Roll call: Bernt, yea; Borton, yea; Cavener, yea; Hoaglun, yea; Strader, yea; Perreault, yea. Page 21 Meridian City Council Work Session Item#1. February 23,2021 Page 19 of 19 Simison: All ayes and we are moved into Executive Session. MOTION CARRIED: ALLAYES. EXECUTIVE SESSION: (5:28 p.m. to 5:51 p.m.) Simison: Council, do I have a motion? Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we come out of Executive Session. Hoaglun: Mr. Mayor, second the motion. Simison: I have a motion and a second to come out of Executive Session. All in favor signify by saying aye. Opposed nay. The ayes have it. We are out of Executive Session. MOTION CARRIED: ALLAYES. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we adjourn the meeting. Hoaglun: Mr. Mayor, second the motion. Simison: I have a motion and a second to adjourn the meeting. All those in favor signify by saying aye. Opposed nay. And we are adjourned. MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 5:51 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 3 9 2021 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Page 22 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the February 9, 2021 City Council Work Session Page 3 Meridian City Council Work Session Item#1. February 9,2021 Page 17 of 17 Bernt: Mr. Mayor, I move that we come out of Executive Session. Hoaglun: Mr. Mayor, I second the motion. Simison: Have a motion and a second to come out of Executive Session. All in favor signify by saying aye. Opposed nay. The ayes have it. MOTION CARRIED: FIVE AYES. ONE ABSENT. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we adjourn. Hoaglun: Mr. Mayor, I second the motion. Simison: I have a motion and a second to adjourn the meeting. All in favor signify by saying aye. Opposed nay. The ayes have it and we are adjourned. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 5:54 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 2 / 23 2021 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Page 20 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the February 9, 2021 City Council Regular Meeting Page 21 Meridian City Council February 9,2021 Page 40 of 40 required by law; and providing for a summary of the ordinance; and providing for a waiver of the reading rules; and providing an effective date. Simison: Thank you. Council, you have heard this ordinance read by title. Is there anybody that would like to read it in its entirety? If not, do I have a motion? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I move that we approve Ordinance No. 21-1915 with the suspension of rules. Hoaglun: Mr. Mayor, second the motion. Simison: I have a motion and a second. Is there any discussion on the motion? If not, all in favor signify by saying aye. Opposed nay. The ayes have it. The motion is agreed to and the ordinance is approved. FUTURE MEETING TOPICS Simison: Council, anything under future meeting topics? Okay. Item 6 was taken off the agenda, so it doesn't exist. So, with that do I have a motion? Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we adjourn the meeting. Hoaglun: Mr. Mayor, second the motion. Simison: Motion and second to adjourn the meeting. All in favor signify by saying aye. Opposed nay. The ayes have it and we are adjourned. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 8:16 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 2 / 23 / 2021 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Page 61 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Victory Commons Cross Access Easement Page 62 Item#3. ADA COUNTY RECORDER Phil McGrane 2021-030015 BOISE IDAHO Pgs=7 BONNIE OBERBILLIG 02/24/2021 01:42 PM CITY OF MERIDIAN, IDAHO NO FEE Recording Requested By and When Recorded Return to: Geoffrey M. Wardle Clark Wardle LLP P.O. Box 639 Boise, Idaho 83701 SPACE ABOVE T-HIS LINE FOR RECORDER'S USE ONLY DECLARATION OF ACCESS EASEMENT This Declaration of Access Easement ("Declaration") is made this 23rd day of February , 2021, by KUNA VICTORY, LLC, an Idaho limited liability company, (hereinafter"Grantor") on the terms and conditions set forth herein. RECITALS WHEREAS, Grantor is the owner of certain real property in Meridian, Idaho that it is presently developing ("Property"); and WHEREAS, consistent with the requirements of the City of Meridian, Grantor desires to grant an easement over a portion of its Property affording the adjoining property described in Exhibit "C" ("Benefited Parcel") access to and from Victory Road; and WHEREAS, access across Grantor's Property is not possible or feasible in light of the fact that the portion of the Grantor's Property will be redeveloped in a future subdivision phase and the Benefited Property currently possesses direct access onto Victory Road; and WHEREAS, the Grantor agrees to provide access rights consistent with this Declaration in the future, over that portion of the Grantor's Property that is described in Exhibit "A" and depicted in Exhibit "B", subject to the condition precedent set forth below, and the reservation of rights afforded herein. WITINESSETH For the uses and on the terms and conditions hereinafter set forth and subject to the conditions and limitations set forth herein, Grantor does hereby grant, convey and confirm an easement pursuant to the terms of this Declaration under, over, through and across the Property owned by Grantor situated in Ada County, Idaho. This grant is made on the following terms and conditions: DECLARATION T - L:IBVOGCII Ball Ventures, LLC1Kuna Victory, LLCIDevelopment\Declaration Of Access Easement V.2(1-9- 2021).Docx Pa a 63 g Item#3. 1. GRANT OF EASEMENT. Subject to the conditions and limitations below, Grantor grants, conveys, and confirms a perpetual, non-exclusive easement for ingress and egress ("Easement")to and from the Benefited Parcel to Victory Road in the location described in Exhibit "A" and depicted in Exhibit "B". This Declaration is hereby expressly limited by the following: (a) Consistent with the non-exclusive nature of the Easement, Grantor reserves the right to place additional improvements within the Easement, to grant additional easements and rights of way. (b) T ne Easement may be relocated from time to time by Grantor in its development of its Property. Grantor reserves the right, from time to time, to relocate and to reconfigure all or a portion of the Easement at Grantor's sole cost and expense, provided however, that such relocation and reconfiguration shall not (a permanently interfere with the free and unimpeded flow of vehicular and pedestrian traffic between the Benefited Parcel and Victory Road beyond the specific time reasonably required to accomplish any such relocation and reconfiguration. In exercising such reserved right, Grantor shall deliver written notice detailing such relocation and reconfiguration to the owner of the Benefited Parcel no later than thirty (30) days prior to commencing such relocation and reconfiguration. The relocation right contemplated in this Section is in addition to all rights that Grantor possesses under Idaho Code Section 55-313 to relocate access provided by the Easement. 2. CONDITION PRECEDENT TO GRANT OF EASEMENT. The Declaration of Easement by Grantor in Section 1 above, is expressly conditioned upon the occurrence of the following events, (collectively the "Condition Precedent'): (a) Grantor has platted or redeveloped the Property subject to the Easement adjacent to the Benefited Parcel; and (b) The owner of the Benefited Parcel has redeveloped the Benefited Parcel in such a manner that the City of Meridian and the Ada County Highway District have modified the existing access of the Benefited Parcel to Victory Road necessitating utilization of the Easement. Each and every right or obligation contained in this Declaration of Easement is contingent upon the occurrence of the Condition Precedent contained in this Section 2. 3. NO PUBLIC RIGHTS. Nothing contained herein shall, or shall be deemed to, constitute a gift or dedication of any portion of the Easement the general public for the benefit of the general public or for any public purpose whatsoever. Grantor shall be permitted, from time to time, to take whatever reasonable action it may deem necessary to prevent any portion of the Easement encumbered by this Declaration from being dedicated or taken for public use or benefit. 4. INDEMNIFICATION. Any person or party utilizing the Easement shall indemnify, defend, protect and hold harmless Grantor, its successors and assigns, for, from and against any and all liabilities, claims, damages, expenses (including, without limitation, reasonable attorneys' fees and reasonable attorneys'fees on any appeal),judgments, proceedings and causes of action DECLARATION OF ACCESS EASEMENT - 2 L:IBVOGCII Ball Ventures, LLC1Kuna Victory, LLC1Development\Declaration Of Access Easement V.2(1-9- 2021).Docx Page 64 Item#3. of any kind whatsoever resulting from the exercise of the rights granted herein and/or the use of the Easement, except to the extent caused by Grantor or Grantor's agents, employees, contractors, or licensees. 5. BINDING EFFECT. This Declaration, and the covenants and agreements herein contained, shall run with the land and, during the entire term hereof, shall be binding upon Grantor and its successors and assigns. 6. GOVERNING LAW. This Declaration herein granted shall be governed by, construed and enforced in accordance with the laws of the State of Idaho. This Declaration shall be recorded in Ada County, Idaho. IN WITNESS WHEREOF, this Declaration has been duly executed by and on behalf of Grantor, the day, month and year herein first above written. SIGNATURE ON FOLLOWING PAGE DECLARATION OF ACCESS EASEMENT - 3 L:IBVOGCII Ball Ventures, LLC1Kuna Victory, 1-1-CIDevelopment0eclaration Of Access Easement V.2(1-9- 2021).Docx Page 65 Item#3. GRANTOR: KUNA VICTORY, LLC an Idaho limited liability company By: BV Management Services, Inc., an Idaho corporation, the Manager r By: Cortn Liddiard, Pregident State of Idaho ) ) SS. County of Bonneville ) On this day of January, 2021, before me, r5 r&A'Al Luxe— , a Notary Public in and for said State, personally appeared Cortney Liddiard, known or identified to me to be the President of BV Management Services, Inc., the Manager of Kuna Victory, LLC, who subscribed said company name to the foregoing instrument, and acknowledged to me that he executed the within instrument on behalf of said company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. X � :1 BRANDI LOVE Notary Public for '5..J OAa COMMISSION NO. 37525 Residing at NOTARY PUBLIC - STATE OF IDAHO [MY COMMISSION EXPIRES 0411z 6 DECLARATION OF ACCESS EASEMENT -4 L:IBVOGCII Ball Ventures, LLCNKuna Victory, 1-1-C1Development0eclaration Of Access Easement V.2(1-9- 2021).Docx Page 66 Item#3. 2775 W.Navigator Drive,Suite 210 Idaho Office Meridian,Idaho 83642 H O RR O C K S Tel: 208.895.2520 www.horrocks.com 11111 E N G I N E E R S Date: December 23, 2020 Project: ID-1402-1810 Page: 1 of I EXHIBIT A CROSS ACCESS EASEMENT This easement is situated in Government Lot 4 of Section 19, Township 3 north, Range I East, Boise Meridian, City of Meridian, Ada County, Idaho, being a portion of Parcel A of Record of Survey Property Boundary Adjustment No. 12,282, Instrument no. 2020- 042373, Records of Ada county, Idaho, more particularly described as follows: COMMENCING at the southwest corner of said Government Lot 4, from which the northwest corner of said Government Lot 4 bears N.00°38'36"E., 1330.30 feet; thence along the south boundary of said Lot 4, 1) N.89°42'17"E., 1130.45 feet to the southeast corner of said Government Lot 4; thence along the east boundary of said Government Lot 4; 2) N.00°29'09"E., 48.00 feet to the southwest corner of Lot 1 Block 2 of the Observation Point Subdivision, Instrument no. 102063319, Records of Ada county, thence along the west boundary of said Lot 1; 3) N.00°29'09"E., 20.00 feet to southwest corner of Lot 2 Block 2 of said Observation Point Subdivision and the POINT OF BEGINNING, thence; 4) S.89°42'17"W., 395.02 feet, thence; 5) S.00°17'43"E., 20.00 feet to a point on the south boundary of said Record of Survey Property Boundary Adjustment no. 12,282, thence along said south boundary; 6) S.89°42'17"W., 30.00 feet, thence leaving said south boundary; 7) N.00°17'43"W., 40.00 feet, thence; 8) N.89.42'17"E., 425.29 feet to a point on the west boundary of said Lot 2, thence along said west boundary; 9) S.00°29'09"W., 20.00 feet to the POINT OF BEGINNING. H:/ID 1402 Victory Commons/Project Data/04 Survey/4.02 Descriptions and Exhibits\PLATTING EASEMENTS\CROSS ACCESS TO OBSERVATION POINT Page 67 Item#3. H:U2018\10-1402-1810 Victory Commons\Project Data\04 Survey\4.02 Descriptions and Exhiblt0D-1402 VICTORY COMMONS EASEMENT EXHIBITS.dwg Ron Wright 12/24/2020 8:36 AM N � x FN �o �, 0 0 S. KUNA-MERIDIAN RD Cn N e o z=0 N00°3836"E 1330.30' R1 N n R1E W ~ 04 M O m_ AT Al O_, mM N_ �„ wlz OOm z 0<N^` -n � h Cz � OO O o _G zOlJ z CP2 �G C p p NO°17'43"W �� D D O O 40.00' o U) m O �� c0 w I _u z cn N_16 O C y z m GO V C, I D o c� Q m 0O c z O r A W N (n z m I O � O I z I o � J rri -P. z gym/ m I I w 00 rQ NIA O C I I m PROFF��' tTj a � N Q ? �y N < z o iv z r I n � '-C °-per-A c 'o�� m I 2�O0. 's'0 O �S W I I � 48.00' NO°29'09"E O N z �� , moo oOCD ON < n mo O N O m A O O N �� m om _ Z G) m A w Z N Z m o ? o IQ z 0 0 0 !� O _ CDm Page 68 Item#3. EXHIBIT "C" Description of Benefited Parcel Lot 2, BIOCK 2 Ubservation Point Subdivision as depicted on the Plat thereof, recorded in Bok 89 of Plats at Pages 9276-9278 on June 4, 2020 in the Official Records of Ada County, Instrument NO. 102063319. Page 69 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: victory Commons Water Easement Revised Page 70 ADA COUNTY RECORDER Phil McGrane 2021-030018 BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 02/24/2021 01:43 PM CITY OF MERIDIAN, IDAHO NO FEE Project Name(Subdivision) Victory Commons Phase 2 Water Main Easement Number: 1 Identify this Easement by sequential number if Project contains more than one Water Main easement. (See Instructions for additional information). WATER MAIN EASEMENT THIS Easement Agreement, made this 23rd Day of February , 2021 between Kuna Victory, LLC ("Grantor"), and the City of Meridian, an Idaho Municipal Corporation ("Grantee"); WHEREAS, the Grantor desires to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any Item#4. public street, then, to such extent, such right-of-way and casement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs, personal representatives,purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: Kuna Victory, LLC, an Idaho limited liability company By: BV Management Services, Inc., an Idaho core ation, the Manager By: Cortney Liddi , President STATE OF IDAHO ) )ss. County of fX,n nQu i\�e— ) This record was acknowledged before me on this a day of Qlpr-,,&,r 20 ak , by Cortney Liddiard, as President of BV Management Services, Inc., the Manager of Kuna Victory, LLC. BRANCILOVE — COMMISSION NO. 37525 Notary Public for Idaho NOTARY PUBLIC Residing at 7K44.� SD STATE OF IDAHOEXPIRES M commission expires �{-�a -;.o ff [MY COMMISSION EXPIRES O4/t212fi Y p Water Main Easement Version 01/01/2020 Page 72 Item#4. GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor 2-23-2021 Attest by Chris Johnson, City Cleric 2-23-2021 STATE OF IDAHO, ) . ss. County of Ada } This record was acknowledged before me on 2-23-2021 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Signature My Commission Expires: 3-28-2022 Water Main Easement Version 01/01/2020 Page 73 Item#4. 2775 UV.Navigator Drive,Suite 210 Idaho Office Meridian,Idaho 83642 Tel: 208.895.2520 www.horrocks.corn H O R R O C K 5 [['ll 1 N G 1 N 1: I:: k ti Date: December 15, 2020 Project: ID-1402-1810 Page: 1 of 2 EXHIBIT A VICTORY COMMONS-DOMESTIC WATER EASEMENT This easement is situated in Government Lot 4 of Section 19, Township 3 north, Range I East, Boise Meridian, City of Meridian,Ada County, Idaho, being a portion of Parcel A of Record of Survey Property Boundary Adjustment No. 12,282, records of Ada county, Idaho, more particularly described as follows: COMMENCING at the southwest corner of said Government Lot 4, from which the northwest corner of said Government Lot 4 bears N.00°38'36"E., 1330.30 feet; thence along the west boundary of said Lot 4, 1) N.00°38'36"E., 490.09 feet, thence leaving said west boundary; 2) N.89°42'17"E., 70.00 feet to the southwest corner of Parcel B of said Record of Survey No. 12,282,thence along the south boundary of said Parcel "B"; 3) N.89°42'17"E., 211.12 feet to the southeast corner of said Parcel "B", thence along the east boundary of said Parcel "B"; 4) N.00°55'07"E., 11.09 feet to the POINT OF BEGINNING, thence continuing along said east boundary; 5) N.00°55'07"E., 30.93 feet, thence leaving said east boundary; 6) N.89°42'17"E., 192.02 feet, thence; 7) N.39°14'22"E., 48.24 feet,thence; 8) S.50°56'20"E., 39.00 feet, thence; 9) N.39°14'22"E., 179.58 feet, thence; 10)S.50°45'37"E., 35.93 feet, thence; 11)S.39°14'22"W., 206.19 feet, thence; 12)S.89°42'17W., 160.50 feet, thence; HAD 1402 Victory Commons/Project Data/04 Survey/4.02 Descriptions and ExhibitslWorkinglExhibit A SHERWIN-WILLIA\4S Water Esmt 081120 Page 74 Item#4. Date: December 15, 2020 Project: ID-1402-1810 Page: 2 of 2 13)S.00°38'28"W., 153.71 feet,thence; 14)N.89°21'32"W., 20.50 feet,thence; 15)N.00°38'28"E., 153.38 feet,thence; 16)S.89°42'17"W., 83.30 feet to the POINT OF BEGINNING. 1 9 6 0 0 01-26-21�o �rF Of ,off WR►G� HAD 1402 Victory Commons/Projcot Data/04 Survey/4.02 Descriptions/Parcel A PBA 012200 Page 75 Item#4. r OR a � a O Q 5 o O � zz ;c N WtiL/ N d `3 90 L 6�S j o -A' O N z W r S�Q 4' o N z z " Hd F- LLI z ❑w # �O LLI z o U w JI ya 1 U C7 � ham% z 2: z U O 2 m �� I H o � ❑ Lo rLL O O 00 g Div Z z z v m O Ei I • O O O U W� za LL I W I a s E) m Z CN W w Lij M.SME.0S = O r- — N CN2 co U co 4 Q z R,SZ.8€90N z � O O I N C W �co 0 p O . i� z � � H Q Q w 20 d' y0 �• `xc' o o iv ) O � N I00 O> is z� p zLLI `� U Z_ N `j h�Z u-�N � o d LLdNI Q O CO 01-2 fl ILIM � .60'061� T o U w V7 V7 N E XF'0££6 3,.9£.8£o00N o z = N U] � n,a o GH NVIC1lHHlX-VNflX SJo Z 0 'z x � Wtl S4'k S 4ZOZ193lt 14g4M..a B-P 51191HX3 1N3MS'd3 SNOWN00 AMGiOIA Ml;-01%444x3 P..s gd.osaa ZO'P%A.NRS toi.t.O pafmdlsuowwop k0RA M k-OK-OIIOLOZA H Page 76 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Plat for Sky Mesa Commons No. 5 (FP-2020-0021) by J-U-B Engineers, Inc., Generally Located West of S. Eagle Rd., Midway Between E. Taconic Dr. and E. Lake Hazel Rd. Page 77 Item#5. C� fIEN , IN1, IDAHO PUBLIC HEARING INFORMATION Staff Contact:Sonya Allen Meeting Date: February 16, 2021 Topic: Final Plat for Sky Mesa Commons No. 5 (FP-2020-0021) by J-U-B Engineers, Inc., Generally Located West of S. Eagle Rd., Midway Between E. Taconic Dr. and E. Lake Hazel Rd. Request: Final plat consisting of 13 buildable lots and 1 common lot on 4 acres of land in the R-8 zoning district. Information Resources: Click Here for Application Materials Page 78 Item#5. STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT .►A H O HEARING 2/16/2021 Legend DATE: RUT Iff Prajeot Lacfl3tor TO: Mayor&City Council FROM: Sonya Allen,Associate Planner R, 208-884-5533 R- SUBJECT: H-2020-0021 E Sky Mesa Commons No. 5 R-8 LOCATION: West of S. Eagle Rd.,midway between R-15 E. Taconic Dr. and E. Lake Hazel Rd., in RUT the SE 1/4 of Section 32,Township 3N., RUT i i Range IE. R-41 RUT R-8 I. PROJECT DESCRIPTION Final plat consisting of 13 buildable lots and one(1)common lot on four(4)acres of land in the R-8 zoning district for the fifth phase of Sky Mesa Commons Subdivision. II. APPLICANT INFORMATION A. Applicant: Wendy Shrief,J-U-B Engineers,Inc. —250 S. Beechwood Ave., Ste. 201,Boise, ID 83709 B. Owner: Woodside Harris, LLC—529 S. Bridgeway Pl.,Eagle,ID 83616 C. Representative: Same as Applicant III. STAFF ANALYSIS Since the time the preliminary plat was approved for the subject property,the developer of Sky Mesa obtained the property to the south and a preliminary plat was approved for that property(Southern Highlands H-2019-0123). For interconnectivity between the two subdivisions,revisions were made to the street and lot layout at the southern boundary of the preliminary plat in order to provide a street connection between the two developments. An updated preliminary plat was submitted with the final plat for Sky Mesa Highlands(FP-2020-0007)that showed the reconfiguration(see Section V.A). Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat(H-2017-0068) and reconfigured preliminary plat in accord with the requirements listed in UDC Page 1 Page 79 Item#5. 11-6B-3C.2. The proposed final plat depicts the same number of building lots and more common open space area compared with that shown on the approved preliminary plat. Therefore, Staff deems the proposed final plat to be in substantial compliance with the approved preliminary plat as required. IV.DECISION Staff recommends approval of the proposed final plat within the conditions noted in Section VIII of this report. Page 2 Page 80 Item#5. V. EXHIBITS A. Preliminary Plat(dated: 8/17/2017) to ..........--_.__._— --- —__ -'s`�Lu_ r'y.s.Cr:�;�-_..,,�eee�: ��.��,,.•.-�`'� -------- `w..,.e.. r�vssaocr weor.,sla. nwuxo loots es•'no weo. _ � se�iwo e�,w'won sswmss�'a vre'i.°n .asr :.<e,sfl � �m�" n n oa sawsla wfaslxc - ..... •,.w _ PRE Revised Lot Layout(dated: 1/15/2020): I' 2821 2843 2865 2887 7.:F• ,y. 2953 2975 —I I Zi 48. 8 �� BL9CK c i- I - �.; 28 es 20 $ t9 19 2 ,f ,ti 2 fr to -3 9 S { x.---------- — I � Illl g � II I � A— �— R— R— �_�•II � II — L poo . a COMMON Tor I nr ulx mrni W, e. slcr n,Esn BOISE H=R s,eot.lsl�i.b.�-swsce —HOI+IES— Page 3 Page 81 Item#5. B. Final Plat(date: 12/21/2020) LET SHOWING ;,LA7 Hr]vK IrpyE Sky Mesa Couiuions Subdivision No. 5 rlr 11 t •I-'I- II'I -t' H. J:LY Of T.I"II III .I".'II EI" Idd]r, Cicy rf Meridian, Arlo t:o.Inty, Idaho. 2021 Legend mYa6'25S +05.96' NW13'M-E _ ,6d.,...3.,..de,r 4• I• la II 11 ,0 • -------- e 2 Bp 6 a -- NB9'40'42'w 5W.20' � 1-IJ-BEN�f not wn r€canoi�noN ,m.,m m„,. PLAT SHOWING -L.T +•:P -�:E Sky Mesa Commons Subdivision No. 5 S6ffK'25'E ao5 16']3"E 20 N,Otl W,00' B5.0p' 6-- __ r r________y ______.-yl rm___}_e a, rl l rl a II-e e� I S I 118 III Scale'n Fen S a `z e'- I L I I I ti ,_,n I�d I I H I I I cy rm I I -I I ________J �______ gy srrwve � sm I rT__- I I I I 7 •ti I I -I r,e I i li ee It Q � 10 'e I B B Y g i 0 p hh s�j d-I I-o I I I I I - I I I p, NBB'•8'12'YI 5 0]e --------- GIUBI 1-U-B ENGINEENS,INC. Page 4 Page 82 PLAT SHOWING -LPT BOOK 'nGE Sky Mesa Commons Subdivision No, 5 1 , WE 4 5.26 NW13'35"E —4— C;1111'E' ..69'4'251* ISOM' L---------- mm ------------ 01EDT xem- -------------- IT-, 1-U-B ENGINEERS,INC. PLAT SHOWING PLAT BOOK PAGE Sky Mesa Commons Subdivision No. 5 Notes E.—ird N.t- z="; v 11 I Pa11.1 I P�-1.1 pl—I lQ .111.1 2 blanks. 2�.k 5 -9—.1N Alt ld t(i —g— �11�plrcg°e Ali.lh. 11 hl' ml r.flo s.la mnp8 Thil 3&WG�gh, o ex A,.h or 77.".1'1�h'LIZ ts . l=V 1Q.—dp U.AgI— Numher — M—Ce Documents CJUB NOT FOR REG—TIDN 1-U-0 ENGINEERS,INC. 4 OFB Page 5 Item#5. C. Landscape Plan(dated: 12/21/20) \3,carvc�aoEwwcs nnf uwo��ir �4.ec�osm.nswu�wcE _ .... y 77 '� •• •••• -� -,• •�•• VNOScnPE REWIRf]AENR: - p5 ovrnu�Ew _L1DO I � I 9 wmrt scHeou� _L1D1 Page 6 Page 84 Item#5. D. Emergency Access Exhibit KY �M s 5 N 0.2 Dim a FTT BAN 0 H cExT — u o rs 9U p SI H N0.5 LmLi EMER6E11CT � ACCESS LOCATION s w 6 Y E su W XN i I I i I �I E,LANE FAZE1 14"Y10 SKY MESA HIGHLANDS SUBDIVISION MERIDIAN,IDAHO E Mericencraccess eE— +wi Nr Pagc 7 Page 85 Item#5. VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: I. Applicant shall comply with all previous conditions of approval associated with this development(H-2017-0068,Development Agreement#2017-119308). 2. The applicant shall obtain the City Engineer's signature on the subject final plat within two years of the City Engineer's signature on the previous phase final plat, or apply for a time extension, in accord with UDC I 1-613-7. 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 Land Solutions stamped on 12/21/2020 by Robert L. Kazarinoff, shall be revised as follows: Notes: a. Note#4: "Lots shall not be reduced in size without prior approval from the health authority and the City of Meridian." b. Note#10: Include the recorded instrument number for the ACHD License Agreement. c. Note#13: Include the recorded instrument number of the Development Agreement (#2017-119308). Easement Notes: d. Note#3: Include the recorded instrument number of the existing ACHD sidewalk easements. 5. The landscape plan prepared by Breckon Land Design, dated 12/21/20, shall be revised as follows: a. Plant Schedule: Remove"or approved other"under proposed fencing types. b. Include detail of 4' open vision black tube steel fence c. Include scale on plan. 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. The streetlight plan needs to be on a stand-alone drawing pursuant to section 6 of the Meridian Design Standards and Meridian Supplemental Specifications. General Conditions: I. 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. Page 8 Page 86 Item#5. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. All improvements related to public life,safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff,the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities,pressurized irrigation,prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City.The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 8. In the event that an applicant and/or owner cannot complete non-life,non-safety and non-health improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-4B. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or Page 9 Page 87 Item#5. drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. Street light plan requirements are listed in section 6-7 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. 19. The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x I I" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Water Department at (208)888-5242 for inspections of disconnection of services. Wells may be used for non- domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 9-1-28.C.1).The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available,a single-point connection to the culinary water system shall be required. If a single-point connection is utilized,the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be 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. Page 10 Page 88 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Plat for Warrick Subdivision No. 4 (FP-2021-0003) by Schultz Development, Located at 5190 S. Cameros Way Page 89 Item#6. E IDIAN IDAHO C� PUBLIC HEARING INFORMATION Staff Contact:Alan Tiefenbach Meeting Date: February 23, 2021 Topic: Final Plat for Warrick Subdivision No. 4 (FP-2021-0003) by Schultz Development, Located at 5190 S. Carneros Way Request: Final plat consisting of 33 buildable lots and 6 common lots on 8.94 acres of land in the R-4 zoning district. Information Resources: Click Here for Application Materials Page 90 Item#6. STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT HEARING 2/23/2021 Legend DATE: ��PFoject Lflca iian TO: Mayor&City Council FROM: Alan Tiefenbach,Associate Planner 208-489-0573 Bruce Freckleton,Development Services Manager 208-887-2211 SUBJECT: FP 2021-0003 Warrick Final Plat No 4 LOCATION: 5190 S. Cameros Way. in the NW 1/4 of the NE 1/4 of Section 32,T.3N.,R.1 E. I. PROJECT DESCRIPTION Final plat consisting of 33 buildable lots and 6 common lots on 8.94 acres of land in the R-4 zoning district. This is the fourth and final phase of the Warrick Subdivision. II. APPLICANT INFORMATION A. Applicant Schultz Development—PO Box 1115,Meridian, ID 83680 B. Owner: Calistoga Partners,LLC—2275 S. Eagle Rd# 185,Meridian, ID 83642 C. Representative: Schultz Development—PO Box 1115, Meridian, ID 83680 III. STAFF ANALYSIS The preliminary plat for this development was approved by City Council on 12/6/2018. The preliminary plat consisted of 130 building lots and 19 common lots. The final plat for the third phase was approved by Council on 6/9/2021. This is the fourth phase, consisting of 33 building lots and 6 common lots on 8.94 acres. All development shall comply with the dimensional standards listed in UDC Table 11-2A-6 for the R-4 zoning district. Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat in accord with the requirements listed in UDC 11-613-3C.2. Because the final plat depicts the same number of building lots and qualified open space as shown on the approved preliminary plat, Pagel Page 91 Item#6. Staff finds the proposed final plat is in substantial compliance with the approved preliminary plat as required. The only amenity that was approved with this phase was the pathway shown in Lot 15, Block 7. IV. DECISION Staff recommends approval of the proposed final plat within the conditions noted in Section VI of this report. V. EXHIBITS A. Preliminary Plat(date: 10/02/2018) IT IEi K F = V fir, r _ --F..•E-E 1•L I tom- J J '� Iri i£i�•I I_lr r i Ell rii�c iv I�;• �° '-- �H�- � t+vx-�>r - - n � 1 33'TYPICAL STREET SECTION Q ..E,o I 1 ' [r 4 R F T.Nd a. ^ r` \ -V I � �l•J •,rr Eyl;Iwe �. ;F. .4 it iri r. _ I�F� _, '..' - _: -r S^.:•- i._ .alb - rM1_s rx` rt i,_ E ET ..i - /�,� '/e�' :i 11 •....HE.rar.QJ — _ H-a .0 ° \ Z X TYPICAL STREETSEMC nfte 1° ..oa y s15 Y f00' �[' •n4, i,d xw m' Si .V D \\ly �4� ur _ STANDARD SM g g g g S g ¢ \ ID rfY • �i ° _ 9 N _I& ��qy =.�qy =�iG s1 y q _q se Is `/.1 fj•. iL EEiF- - EI..`- TH N 1'J V LY L':! � � tiJ' a %/L'+L' ; JL I F JI E a i.IEJ'1 :LYI[ I F. P u.=v�% _ oe.f 2 s Ic b ! ":• n - S 5 �S =. ..I" �k �. •y. x � q Y C % 9 1 I 1.. .�.: n� u y• rca - aaxr e� eld0[aTTu ip N4 F"� -:r4P - i 8••'iF e ° e' E F T- - W p is 1 _T r — .� mdu �.Fr "p❑ w �x/' — — kl Ir l r F • ('[ I •�/O,[%}6 /� A it �0� R SuJTHERN HIGHLANDS SUB Page 2 Page 92 B. Final Plat(date: 1/11/202 1) LWATIED IN THE N14 1/4 OF THE NE 114 PE SECTION .32, T-M., RAE, O.M., ADA COUNTY, IDAHO 2021 b P�o wv cw PK I/d WrOWE 'If r omNlRlli wrm NANR&ff sVarWMJOA JdfL; ff""Lqt wr m:at- WAMWN nNW&W AV 9 -- ------ ------ -- ---------- r �j 0 W44 vi nue NUI, 1 305v- 0 re, --- ------- ZME - --- - %W- Oro,, I.W ;Id JL 'M'E Almt -omw-sq WFui-4G1NL Irr, b ---- --------- - - ----- - :M&Ts 4� EL32 =MVh%W Jffi Page 3 Item#6. C. Common Drive Exhibit(date: 1/13/2021 C) E. SAWTELLE PEAK IT, 5' LANDSCAPE 0' COMMON DRIVEWAY 9 2 0' (3 5151 0 5' cm WARRICK 4 COMMON DRIVEWAY EXHIBIT Page 4 Page 94 Item#6. D. Preliminary Plat Landscape Plan(date: 1/14/2019 I R 1 4 �Q 0 (D $ Q) e.xooxlr o�sTReE, ' 25'S nE rnnn t+ � Q � , Q i /� o V CILq- Q . - 'r� Q o 00oa0 o. 0. 0 � *n o 0 -.RSnL.iR S-FFf- oaac� vc� c� a °l 1°L° ° A 1 . I_ 11L I- - 5 4"RIIR�Sf�iPfET rn Y� L. •lVuln'•S:I�Lt � . I o a 0 . Q ' aI o o l — Y 1 0 i o 1 a 0 8 9 E. Final Plat Landscape Plan(date: 11/12/2021) r —i— I � I IT CD ME - L - J�3 . -•'' E&MffEL.E PENC UMMT I. E$AWMIF PEAK I ---T-- — — -- t --?— r — OVERALL LANDSCAPE PLAN • _ nl A- I,rn,EE v Page 95 Item#6. F. Emergency Access Exhibit(date: 1/25/2021 WA RICKS BDI V,{S"IO11 NO 4 LOCATED IN IHE NY!1/4 CF THE "E 1/4 OF 5€C110H 3Z T,3N., R,IL, 6-M-, 1IDA COUNTY, IDAHO ae..rra u.re aeee.ar ArEw err xunse�w 2021 4 nano-ur Ira na ns»a �/� �irri� E34�52b a roi.p I f}'IUN 714 ry 7rn ]S -�-i32 1S3 J11r * i4o�.wrril tM I�IwbI ■ YT Wf% M.IIk YIN! A TiH 1�}y*`IRX 0.lI1M N ntl {Y¢�Ib/Tllr r u nIm ooua ISE6r�a.fp,16Mr sn! 17RRrh�G JL f+Ir r gpA71 J[ 6-0IX I rwx i I Iron-¢-N.Y JIC Rd 1� 39YY - ( 1 --- 1 r 11 IREr WE: I'-K LOT N6 • � art rwxx'r BYm,Trala.+t r_.......la — i! D O 0 G O 0 a ,J •I ii7Lf f � + �Y9+V11'� L _ __-_-Iw�t J I �I xxw187 ___ wine 'lit -T+ rp!i � O �I' R ��I' � � I� I y�' � •7! 6 � � � � L'91 i� C'� 5S�ggi I G • --_-Inm--` lad---'M+'3Y�itl'- I I • '_-- ----- -� -j,� _ ___- •. _`�_'IM -i7AI r w . -------- A x� . ---- �- 11----- r .! �_' -O `{.r ' wYV']FC]ILLif 11 ti i EF'Y161[TCM'9f. t J@ WA�'il'1 MiR IEr.f { --_ I 'Iflb �JY�� ]$�C_ - -- �""m"m _--Lla: mw >trt'i1'Srr+rNgY F sanurAv Irxv��xas sveturssmx xl i l f ■ ALI"i � +s•....wr,.,+.r.payv.fi a�IA rrr..gs.s,wa-srr�vca�. r_S7JC_ 7729 ®n�F71Y'�olnf .m�pYVIILSY�79aRlfON a111O01 XW.VY}IiPI01�F1+Y IIP I pale ,� L r a`.a.�oalos iur w aWm,xr 9kT'yi5, '4�r ' RAIWIVL}r.IQIp,r ITI RL010 lV4 YS.RlK"47'A1 1"M -0WA'�IG" 4I LLf 191nOJ�mlo6,LR H!R.+r. SURVEr „new raouios eGCK PACE P. r,u1¢anaasw 1000 p�sne Dolyo o-n 1 _ wuel+o- •ter I GROUP,LlG Page 6 Page 96 Item#6. 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-2018-0115,Development Agreement#2019-019693). 2. The applicant shall obtain the City Engineer's signature on the subject final plat by 11/19/2022, or apply for a time extension,in accord with UDC 11-613-7. 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 Gregory G. Carter,Idaho Survey Group,dated 1/11/21 is approved with the following revision: a. Remove Note No 10 regarding the pedestrian easement as it is not part of this phase. b. Add the following notes to the final plat: i. The bottom of structural footing shall be set a minimum of 12-inches above the highest established normal ground water elevation. ii. Maintenance of any irrigation and/or drainage pipes or ditches crossing a lot is the responsibility of the lot owner unless such responsibility is assumed by an irrigation/drainage entity or lot owner's association. 5. The landscape plan prepared by Breckon Land Design,dated 1/12/2021, is approved with the following revision: a. A note shall be added to the landscape plan that indicates if there are any existing trees on the subject property that are four-inch caliper or greater and how they will be mitigated as set forth in UDC I I-3B-IOC. 6. The ACHD drainage pond proposed on Lot 33,Block 4 shall be landscaped in accord with UDC 11-313-11C. Prior to signature on the final plat,the applicant shall provide a detail of the pond design that demonstrates compliance with the aforementioned standards. 7. 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. 8. The applicant shall comply with the common drive exhibit attached as Exhibit C. 9. Future development shall be consistent with the conceptual building elevations included in the Development Agreement. 10. Prior to signature of the final plat by the City Engineer,the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster Sue Prescott at 887-1620 for more information. Page 7 Page 97 Item#6. B. Public Works Site Specific Conditions: 1. Two additional streetlights are required on E. Sawtelle Peak, in order to meet spacing requirements of drawing 6c of the Meridian Design Standards. One light should be added near Lot 9,Block 8 and Lots 17/18,Block 6. One additional light is required on S. Colusa Ave to meet spacing requirements near Lots 30/31,Block 4. 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 11-313-14A. 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 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. Page 8 Page 98 Item#6. 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 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 Page 9 Page 99 Item#6. (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. Page 10 Page 100 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Order for Apex Southeast No. 1 (FP-2020-0013) by Brighton Development, Located on the Southeast Corner of S. Locust Grove Rd. and E. Lake Hazel Rd. Page 101 Item#7. BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: FEBRUARY 9, 2021 ORDER APPROVAL DATE: FEBRUARY 23, 2021 IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF 77 RESIDENTIAL ) CASE NO. FP-2020-0013 BUILDING LOTS, 2 ) COMMERCIAL BUILDING LOTS ) ORDER OF CONDITIONAL AND 13 COMMON LOTS ON 41.63 ) APPROVAL OF FINAL PLAT ACRES OF LAND IN THE R-8 AND ) C-C ZONING DISTRICTS FOR ) APEX SOUTHEAST SUBDIVISION. ) BY: BRIGHTON DEVELOPMENT ) APPLICANT ) This matter coming before the City Council on February 9, 2021 for final plat approval pursuant to Unified Development Code (UDC) I 1-613-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of"PLAT SHOWING APEX SOUTHEAST SUBDIVISION NO. 1, LOCATED IN A PORTION OF THE WEST '/2 OF THE NORTHWEST '/4 OF SECTION 5, TOWNSHIP 2 NORTH, RANGE 1 EAST, B.M., CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2020, HANDWRITTEN DATE: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR APEX SOUTHEAST NO. 1 FP-2020-0013 Page I of 3 Page 102 Item#7. 10/30/2020, by AARON L. BALLARD, PLS, SHEET 1 OF 6," is conditionally approved subject to those conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated February 9, 2021, a true and correct copy of which is attached hereto marked"Exhibit A" and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may 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. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR APEX SOUTHEAST NO. 1 FP-2020-0013 Page 2 of 3 Page 103 Item#7. Please take notice that this is a final action of the governing body of the City of Meridian,pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight(28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the 23rd day of February , 2021. By: Robert E. Simison 2-23-2021 Mayor, City of Meridian Attest: Chris Johnson 2-23-2021 City Clerk Copy served upon the Applicant,Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Dated: 2-23-2021 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR APEX SOUTHEAST NO. 1 FP-2020-0013 Page 3 of 3 Page 104 Item#7. EXHIBIT A WEI� DIAN --- COMMUNITY DEVELOPMENT DEPARTMENT 1 D A H 0 HEARING February 9,2021 —REVISED REPORT DATE: Previously on January 19, 2021 TO: Mayor&City Council F i1Y+HAM Im. FROM: Sonya Allen,Associate Planner LU 208-884-5533 4 w SUBJECT: FP-2020-0013 Apex Southeast No. 1 PROJECT LOCATION: Southeast corner of S. Locust Grove Rd. &E. Lake Hazel Rd., in the NW 1/4 of Section 5,Township 2N.,Range IE. I. PROJECT DESCRIPTION Final plat consisting of 77 single-family residential buildable lots,2 commercial buildable lots and 13 common lots on 41.63 acres of land in the R-8 and C-C zoning districts. II. APPLICANT INFORMATION A. Applicant: Kody Daffer,Brighton Development—2929 W.Navigator Dr.,Meridian,ID 83669 B. Owner: Brighton Investments, LLC—2929 W.Navigator Dr.,Meridian,ID 83669 C. Representative: Same as Applicant III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat(H-2020-0057)in accord with the requirements listed in UDC 11-613-3C.2. In order for the proposed final plat to be deemed in substantial compliance with the approved preliminary plat as set forth in UDC 11-6B-3C.2,the number of buildable lots cannot increase and the amount of common area cannot decrease. Staff has reviewed the proposed plat and the number of buildable lots has decreased by 9 from what was shown on the original preliminary plat but is the same as that depicted on the approved conceptual master plan; the common open space area is the same as that shown on the qualified open space exhibit approved with the Page 1 Page 105 Item#7. preliminary plat. Therefore, Staff deems the proposed final plat to be in substantial compliance with the approved preliminary plat as required. The proposed emergency access exhibit in Section VIII.F has been approved by the Fire Dept. IV. DECISION Staff recommends approval of the proposed final plat with the conditions noted in Section VI of this report. V. EXHIBITS A. Preliminary Plat(dated: 5/1/2020) APEX SOUTHEAST SUBDIVISION PRELIMINARY PLAT Ew P R ei ulNnxv rin..n.a A PARCEL OF LAND SITUATED IN THE WEST 1/2 OF THE NORTHWEST 1/4 OF SECTION 5, n ..m.... TOWN51i IP 2 NORTH,RANGE 1 EAST,CITY OF MERIDIAN,ADA,COUNTY,IDAH❑ _ —W Ev UGENo a a • • • R-a ��..c. ,.. F - ww>:vcoRrnn.N o im o • g • APE%SONTHFA T WINDNISION d�� '�`W'm"'``p • MERIDIAN,IDAHO qqmvxwx CO,ln fX!!� FEE .. c n 9H GMT PP1A Page 106 Item#7. B. Final Plat(dated: 10/30/20) PLAT OF APEX SOUTHEAST SUBDIVISION No.1 APARCEL DF TAND SITUATED INA PORTION OF THE W V2 OF THE NOATHWE$r 1W OF SECT04I,T0WWHIP 2 NOATM.—IGE LEAST,EVA,ENT 6 LIERIDU K ADA CpuN ,,IOANO. � wrrt d eEa..rc 3P8a [Vie ema PFT�WE 161 xa miea+,me E.lhFOE MASEL RtI. `b NxV h1�0!!7 fRe6FE n u SereJlr' e,Y b!YYwlY'IIe IcaeY e• 5 �`— f R I I eW 5eRN:1'•]M I I I I I sl�r.lwl I � aR: r_V,F1WL SII B-YI60N IYP IM IB(Eid I dH�A-eeF.a FUT rr '� n4o..anTe xn oxE r�+.6a,cmRls No wrw a � LLeTac[JJ2 I EEfE>IEMCFE I R,.T6:EOR]OF 9iRYEv x..9eBf,R'C'CRe W 1M xx"a[rt,1¢wl I I i a.le:.v�o nr�[.cr xa rms n<�Ras a eox caw,+'-oxxo. � .TIT' yO Ra�n or WR+ST'Ik JWR RS%aP5 iK IQ,x CO[.R1'-O�Me. d y IfGEHo .r7 � 0 ,plw ends uo+s Ao,m V8 'O r Oep Eti•9p 9 Fvuxe¢.aNT.Ai W,a rA1Fil 8 E.7trMlk 5T. O —xu;ba.w lasu a;HwFn izxer rx[A� W K RWP N SET I 0 o RT E.STA SATT.1 i �-5-�u h-,4-,3-u'---" - I"FuI�DF.0 YEo[]N£IcAFcRM ElsTrQ[c AlUa cu Xro Eu reU.ERa Eic w w raE stmq no I 1 SePai'+Yr •r(xmra{n lenwlrn 0m�.ro+on FlFMa* Mne aE roaole.o.nE enc A /Ie.P' I W 01'NT I Irr]Ya]t 7>� I I E.SRRE ST. uy 1 g • 4 OO - 1253 ; J I: w r I If y unelen[d In 3c du a......it 1Brioton N� fk.e6Pv Corporatlon mmdizr.Mho- Page 3 Page 107 Ei] ��t\ C. Landscape Plan(dated: 11/20/2020) "P ---- --- - OPENI—ETREE fALQ11A1— .-- __ _ C. :'rt. � TOTAL OPENSPACETREES m +war�W.�.u,F — N 3TREEf TREE GLLWI TIONS(IT W35U) Mir I IEI�]t IOTA mEEf TREES iI fe ,h MRIGATIgY REQUIRfMENfS �,I PATHWAY iRFE3{1111FEI3OR LFI� g n. y TOTAL 1RfE5 REgUWR PROVIUEU ILL S _ _ a LANDSCAPE SITE PLAN 0�.�.-.d.�. '� �`• -,.—m u.o -- - --- --- --- — — _ - — — —_---- -- — t:. 'O S.at9� ___________!____ ... LANDSCAPE PLAN Page 108 Item#7. O O 1 ID io `I O O j O C ® O 17 i - O ftl a T\ 0 fe .I. s z J - - - �o lj\LANDSCAPE PLAN r.'.. :.i. . km a_ . -- 1 FT TrM VMF 13 I! ® 2 0 s T„L4.0 Page 5 Page 109 Item#7. D. Amenity Exhibit Wit r Arbor Tot Lot 5-� Meridian, ID HULA GLIMMER 718M5.3 PCRAf 718851359 718796P1 495 TYPHOON SLJ AII1 STAIRS CL1LIBING 715749B %RASE: PL'I.E 71895N 716888 SIDE-Etl-1DE 3' 3' S SLIDE DECK DECK DECK 719700 71 71W.M 71&9M DECKENCL 7106135 VEFOICAL CARGO SGUhRE ROOF CRUNCH CUMBER 7188614 71 B8a43 7IB732 h 716783 FNi'r FUI O S RH ONLY �./ ✓ 718564SSR PM HOPPER 7186195 END LADDER 71881553 4'CARGG CLM8.OLER FISB45645 CCAR,30CLOB-OVER 718645645 6ERiIFIE[I IPElulh` �o Miracle GARRETf&COMPANY,INC. R0032 44092527205 '____ _:_-_ iD=ti—Fe= 95D p1�/Y�AIPFn Df -IFIED.--_.:E tiadS',UI �FAXL8u11 2 63-12 5 6 �/ GOhPLIE5 T6AS"1TNCPSCPOh"T_: J=FFICE IS Ft;i,.l'.E�J•,7==,i 4:J`,7 Fes_ Page 110 Item#7. E. Common Driveway Exhibits 1JEIHX3 MING NOWN03 I t 4H�91'Fl41417l3W I '•'� � y S•ON Lna' u�o5%3dv _• ! r 4 w yy � y L t 12 Mil IP I i —— — IS 10' f�1 . I � µ I` �M A n * � I d hl HIM. di C3 ga S rr a ,t 4� 416 w + �•. k '2' i!VMIT. — — + f �� 12 !a Ift IL ` -- - --I I �{ I -- - WE - - - m rj:r A J — J -- — — six — — Page 7 Page 111 Item#7. F. Emergency Access Exhibit PiAT OF Emergency APEX SOUTHEAST SUBDIVISION No.1 A 0MClLDFtANb SITuAM INA F9IRIDN bF THE WESrV—T,i NNRTNW SN Or SECn(14 S,7811'1ldXlp]NWM.WdE E EILST•I—.,Emr or MERID Access °° D w�i u�eFn.� P610 r vie cmRe ow I�r oe,r'.miebnne !.lAllf IIAgL Rb. ��'m w Ia,�aY n n 6• 5 —— I P IA bIP 3BP I I _ flw SnY:1'•1LY I I I I I SIEETNOES I � 99: ,-9�FIWL SV&t/B,`X Nto YN 4EGTl� B9:x-R�L iuT wP I BCE£,1-fEru fuf wr © � �S -Pun,ce,Ss Yq erFNP�PIb OlK 1. ✓� PE RIEN[.SS I G�.fSCCR]Cf 9iNEY Bw 4}ex,ec nAcc V aa,m�Mrr,mw1 I l k.im-Jwo or auem'Bw'ny;r[wnµi a•P,ppynx,WUP. .SITE a� u.ggnP 4<i4HrR„Ar.SMk REp5r9S Dr A[J CO,Mi,64,0. 6� Il6ENb r� 1J "� !a NPNP�55 GF R NJIFD tv fal Y Nnp� 9 NPxn iLUYfI.M Gw xY ru1Fn _ E.SOYetR SL 4rnrnJ 8 rcuNP]/ESA 4P�M� x e e •AA,xw- ��(yy,, 1i� ,Cam cracu.ca PWc,I,mHNs m-D ae SET e4 d Q e Q aueow o.ew�om urc L © N O � O --------- A * Cg/£CYd4.0 uup EKE,SR ISLE uq,E,SI E.STse�ST. i L.FAIEW. SUA4[T NaNAAlNE Q a+f.+%are as w14v wi aia:i w 1w uw, .Ca � ^ P�FOWI IE lE ti bdN/w mNoliw¢ I NY ��ri�4�E LRf�BD b 6p�IlIGYr. feriS•[!-,r a4,.eP'3POW 7} i!P'N,' ,N+teM' tam• wmWr IAci]'44l Ater E.SYI.a.. uri} I I: Jndem«I r,IG IRI ELINO aun mcs eu Brighton 4n Corporation mmOian.iwho q,y }p}a, I r,y�,�yy Page 112 Item#7. 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-2019-0120; Development Agreement Instrument Number 2020-029370). 2. The applicant shall obtain the City Engineer's signature on the subject final plat within two years of the City Engineer's signature on the first 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 by Aaron L. Ballard, dated: 10/30/2020, included in Section V.B shall be revised as follows: a. Replace S.Vertex Way with S. Bloomerang Way with change from E. Tower St. occurring at S. Cadence Ave. intersection, consistent with Ada County Street Name Review approval. b. Include the recorded instrument number of the City of Meridian sewer and water easement on the face of the plat on Sheets 2 and 3. c. Note#5: "Lots 1, 14 and 19,Block 3,Lots 4- 1 and 8,Block 4,Lots I and 8,Block 6, Lots 1, 13,and 18,Block 7,Lot 1,Block 8,Lot 1,Block 9 and Lot-5 10,Block 4-0 5, are designated as common lots. . ." d. Note#6: "Lot 12,Block 7, and Lot 13,Block 4-3 are subject to a blanket easement for common drives to provide access for Lots-9-,-l0;and 11,E Block 7, and Lots 10-, 11; and 12,and44,Block-13,respectively. Said Lot 12,Block 7 and Lot 13,Block 43 shall be owned by the Apex Southeast. . . Said Lot 12,Block 7 and Lot 13,Block 4-3 are subject to blanket. . ."Include a note requiring the common driveways to be constructed of a paved surface capable of supporting fire vehicles and equipment as set forth in UDC 11-6C-3D.8 in accord with preliminary plat condition#A.8. e. Note 913: Include recorded instrument number for ACHD landscape license agreement. f. Note#14: Include recorded instrument number for ACHD public right-of-way? easement (sidewalk). g. Note#16: Include all lots subject to the ACHD storm water drainage system easement. h. Note#20: Include E. Tower St. and S.Vertex Way/S. Bloomerang Way in the note. i. Depiet a fflinimum 15 feet wide een*nen lot in Bleek 3 for-a fnier-o path eenneetion to ,Bloek 3 asrequired Depaftment with the pr-eliminary plat. A copy of the revised plat shall be submitted with the final plat for City Engineer signature. 5. The landscape plan prepared by KM Engineering, dated 11/20/2020, included in Section V.C, shall be revised as follows: a. Depiet a ffi-inimum 15 feet wide eemmen lot in Bleek 3 for-a mier-e path eenneetion to Page 9 Page 113 Item#7. b. Depict landscaping on either side of all pathways (micro-paths and multi-use pathways) in accord with the standards listed in UDC 11-3B-12C. c. Depict 25-foot wide street buffers with landscaping along S. Locust Grove Rd. and E. Lake Hazel Rd. in accord with the standards listed in UDC 11-3B-7C. d. If the unimproved right-of-way is 10 feet or greater from the edge of pavement to edge of sidewalk or property line along S. Locust Grove Rd. and/or E. Lake Hazel Rd.,the Developer is required to maintain a 10-foot wide compacted shoulder meeting the construction standards of ACHD and landscape the remainder with lawn or other vegetative ground cover as set forth in UDC 11-313-7C.5.A license agreement for improvements within the right-of-way is required between the property owner and ACHD. e. Depict a 10-foot wide multi-use pathway on the east side of the main entry road from Lake Hazel Rd. along the boundary to Discovery Park within the Williams Pipeline easement as required by the Park's Department with the preliminary pla4; coordinate with Kim Warren, Park's Department. 6. Fourteen-foot(14')wide public pedestrian easements shall be submitted to the Planning Division for the 10-foot wide multi-use pathways proposed within the site along E. Lake Hazel Rd. and S. Locust Grove Rd. that are not located within right-of-way,prior to signature on the final plat by the City Engineer. 7. The rear and/or side of structures on lots that face E. Lake Hazel Rd. and S. Locust Grove Road,arterial streets, and S. Vertex Way/S. Bloomerang Way and E. Tower St., collector streets, shall incorporate articulation through changes in two or more of the following: modulation(e.g.projections,recesses, step-backs,pop-outs),bays,banding,porches,balconies, material types, or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street. Single-story structures are exempt from this requirement. 8. Development within the Williams Pipeline easement shall comply with the Williams Developers' Handbook. 9. Prior to signature of the final plat by the City Engineer,the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Sue Prescott, at 887-1620 for more information. 10. All fencing shall comply with the standards of UDC 11-3A-7C. 11. All C-C zoned portions of the site are allowed to obtain building permits prior to subdivision of the property as approved with the Development Agreement(provision#A.1k). 12. Future development shall be consistent with the minimum dimensional standards listed in UDC Tables 11-2A-6 and 11-2B-3 for the R-8 and C-C zoning districts respectively. 13. Off-street parking is required to be provided for residential uses in accord with the standards listed in UDC Table 11-3C-6 based on the number of bedrooms per unit; and for non- residential uses in accord with the standards listed in UDC 11-3C-6B.1. 14. Address signage shall be provided at the public street for homes accessed via common driveways for emergency wayfinding purposes. 15. A perpetual ingress/egress easement shall be filed with the Ada County Recorder for the common driveways,which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment as set forth in UDC 11-6C-3D.8.A copy of said easement shall be submitted to the Planning Division with the final plat for City Engineer Page 114 Item#7. signature. As an alternative to a separate easement document, this information may be included in a note on the face of the plat. 16. A Certificate of Zoning Compliance and Design Review application is required to be submitted and approved prior to submittal of any building permit applications for the swimming pool facility in the residential portion of the development; and for all non-residential/commercial uses and structures. 17. Staff s failure to cite specific ordinance provisions or conditions from the preliminary plat(H- 2020-0057) and/or Development Agreement(Inst. #2020-178120)does not relieve the Applicant of responsibility for compliance. B. Public Works Site Specific Conditions: 1. Additional information is required for the street lighting along the frontage of Locust Grove and Lake Hazel. The internal lights appear to meet the requirements. Contact the Transportation and Utility Coordinator at 208-489-0352. 2. Angle of sewer pipe into/out of manhole SSMH#B-3 needs to be 90 degrees minimum. 3. There are multiple areas where the infiltration trenches could be adjusted to minimize/avoid sanitary sewer service line crossings. Please minimize/avoid number of infiltration trench crossings with services as the City is having issues with settling in the infiltration trenches. 4. For all future phases, eliminate or minimize services crossing infiltration trenches. 5. Remove sanitary sewer manhole from common drive way near the intersection of S. Cadence Avenue and E. Stake Street. General Conditions: 6. 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. 7. 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. 8. 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. 9. 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. 10. 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. 11. 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 Page 11 Page 115 Item#7. 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. 12. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer,and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit,cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 13. 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. 14. 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. 15. 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. 16. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 17. Developer shall coordinate mailbox locations with the Meridian Post Office. 18. All grading of the site shall be performed in conformance with MCC 11-14B. 19. 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. 20. 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. 21. 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. 22. 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. 23. 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. Page 116 Item#7. 24. 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. 25. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 26. 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. 27. 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. 28. 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. 29. 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. Page 13 Page117 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Mile High Pines Subdivision (H-2020- 0099) by Baron Black Cat, LLC, Located in the Southwest Corner of N. Ten Mile Rd. and W. Pine Ave. Page 118 Item#8. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI DIAN:-~' AND DECISION&ORDER In the Matter of the Request for Annexation and Zoning of 17.46 acres of land with a request for the C-C and R-15 zoning districts; Preliminary Plat consisting of 5 building lots and 1 common lot on 15.95 acres of land in the proposed zoning districts; and Conditional Use Permit for 135 residential units on 11.44 acres in the proposed R-15 zoning district,by Baron Black Cat,LLC. Case No(s).H-2020-0099 For the City Council Hearing Date of: February 9,2021 (Findings on February 23, 2021) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of February 9, 2021, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of February 9, 2021, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of February 9, 2021, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of February 9, 2021, 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 as Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019,Resolution No. 19-2179 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. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(PROJECT NAME—FILE#) - I - Page 119 Item#8. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of February 9,2021, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for Annexation and Zoning,Preliminary Plat, and Conditional Use Permit are hereby approved per the conditions of approval in the Staff Report for the hearing date of February 9,2021,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 1I- 6B-7C). Notice of Conditional Use Permit Duration Please take notice that the conditional use permit,when granted, shall be valid for a maximum period of two(2)years unless otherwise approved by the City. During this time,the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting,the final plat must be signed by the City Engineer within this two(2)year period. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-5B-6.G.1,the Director may authorize a single extension of the time to commence the use not to exceed one(1)two (2)year period. Additional time extensions up to two (2)years as FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(PROJECT NAME—FILE#) -2- Page 120 Item#8. 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 11-513-617). 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. 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 February 9,2021 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(PROJECT NAME—FILE#) -3- Page 121 Item#8. By action of the City Council at its regular meeting held on the 23rd day of February 2021. COUNCIL PRESIDENT TREG BERNT VOTED COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED COUNCIL MEMBER JESSICA PERREAULT VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER LIZ STRADER VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison 2-23-2021 Attest: Chris Johnson 2-23-2021 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 2-23-2021 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(PROJECT NAME—FILE#) -4- Page 122 Exhibit A STAFF REPORT C: E IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT HEARING 2/9/2021 Legend DATE: Project Location ®®� TO: Mayor&City Council FROM: Joe Dodson,Associate Planner I 208-884-5533 SUBJECT: H-2020-0099 ® �� Mile High Pines LOCATION: The site is located in the southwest corner of N. Ten Mile Rd. and W. Pine Ave., in the NE 1/4 of the SE 1/4 of Section . 10,Township 3N.,Range 1 W. 1. PROJECT DESCRIPTION • Annexation of 17.46 acres of land with a request for C-C (6.04 6.02 acres) and R-15 (11.442 acres) zoning districts; • Preliminary Plat consisting of 35 building lots and 1 common lot on 15.95 acres of land in the proposed C-C and R-15 zoning districts; • Conditional Use Permit for a multi-family development consisting of a total of 135 residential units on 11.42 acres in the proposed R-15 zoning district,by Baron Black Cat, LLC. Note: The Applicant is also applying for private streets and administrative design review. These applications are reviewed and approved by the Director, Commission action is not required. Analysis of the building and private street design are provided below in section V. IL SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 17.46(R-15— 11.42 acres;C-C—6.04 acres) Future Land Use Designation Mixed Use Community Existing Land Use(s) County residential and farm land Proposed Land Use(s) Multi-Family Residential and Commercial Lots(#and type;bldg./common) 4 total lots- 1 multi-family residential;2 commercial;and 1 common lot. Pagel Page 123 Item#8. Description Details Page Phasing Plan(#of phases) Proposed as one phase Number of Residential Units(type 135 for rent units(detached single-family style cottages, of units) townhome style units,and vertically integrated development with all units on a single lot). Density(gross&net) Gross—8.2 du/ac.;Net— 10.68 du/ac. Open Space(acres,total 3.62 acres of qualified open space overall(approximately [%]/buffer/qualified) 22%)—2.47 acres for 11-3G requirements(approximately 15%); 1.15 acres(49,928 square feet)proposed for 11-4-3- 27(Multi-Family)standards. 1.22 acres of private open space is proposed(53,028 square feet;approximately 393 square feet per unit)to meet specific use standards. Amenities 8 qualifying amenities— 10' multi-use pathway,pool, clubhouse,picnic areas,tot-lot,fitness facilities,enclosed bike storage,and a edestrian/bicycle circulation system. Physical Features(waterways, N/A hazards,flood plain,hillside) i= Neighborhood meeting date;#of September 16,2020—2 attendees; attendees: History(previous approvals) F N/A B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD Commission No Action es/no Access(Arterial/Collectors/State Access is proposed via one private street connection each to Hwy/Local)(Existing and W.Pine Avenue(future collector)and N.Ten Mile Road Proposed) (arterial).Pine will be extended by this Applicant and the adjacent Applicant on the north side of Pine from the intersection of Pine&Ten Mile west to the Tenmile Creek. Traffic Level of Service Ten Mile Road—Better than"B"(1.474/1,540 VPH) Pine Avenue(existing section only)—Better than"D" (182/425 VPH) Stub Street/Interconnectivity/Cross Applicant is proposing private streets throughout the Access development with one stub street connection proposed to the west property line in the northwest corner of the site to offer a frontage road from the proposed development to the west to the commercial on this site.No other vehicle connections are proposed as the subject site other than an emergency only access near the southwest edge of the site. Existing Road Network No(Ten Mile Road abutting the site is only existing road) Existing Arterial Sidewalks/ There is no existing buffer to Ten Mile Road(the abutting Buffers arterial street)but there is existing attached sidewalk along the property's entire frontage on Ten Mile Road.The required landscape buffer will be installed with this project. Proposed Road Improvements The Applicant,in conjunction with the Applicant of the property to the north,is proposing to extend Pine Avenue west from the intersection of Pine and Ten Mile to the Ten Mile Creek.This Applicant is only responsible for the Page 2 Page 124 Item#8. Description Details I Page construction of Pine that this property abuts(approximately =IF- 885 feet). Distance to nearest City Park(+ 0.9 miles to Fuller Park(21.9 acres in size)by car; size) approximately 0.5 miles to Fuller Park via existing and Tanned pathway and sidewalk connections. Fire Service • Distance to Fire Station 1.2 miles from Fire Station#2 • Fire Response Time This project lies within the Meridian Fire response time goal of 5 minutes. • Resource Reliability Fire Station#2 reliability is 86%. • Risk Identification Risk Factor 2—residential with hazards(multi-family and railroad tracks) • Accessibility Proposed project meets all required access,road widths,and turnarounds;Fire has signed off on Private Street layout. Addressing for project is very important for emergency responses;Applicant shall work with City Addressing Agent and the Fire Official to have lighted maps wherever necessary. Police Service • Distance to Station Approximately 4 miles from Meridian Police Department • Response Time Approximately 4-minute response time to an emergency. • Call Data Between 11/1/2019- 10/31/2020,the Meridian Police Department responded to 1,244 calls for service within a mile of the proposed development. The crime count on the calls for service was 112. See attached documents for details. Between 11/l/2019- 10/31/2020,the Meridian Police Department responded to 32 crashes within a mile of the proposed development. See attached documents for details. • Additional Concerns None West Ada School District • Distance(elem,ms,hs) No comments have been received from West Ada School District • Capacity of Schools • #of Students Enrolled Wastewater • Distance to Sewer Services NA • Sewer Shed South Black Cat Trunkshed • Estimated Project Sewer See application ERU's • WRRF Declining Balance 14.05 • Project Consistent with WW Yes Master Plan/Facility Plan • Impacts/Concerns •Additional 1,332 gpd of flow is committed •Provide to-and-through to 3515 W.Pine Ave and 3513 W Pine Ave. •Light poles cannot be located inside utility easement. •In multiple areas it looks like the sewer and storm drain lines are too close together.Please provide 4 ft separation between center of storm drain and sewer. This enables repair/replacement of manholes and sewer lines in the future. Page 3 Page 125 Item#8. Description Details Page Water • Distance to Services 10' • Pressure Zone 2 • Estimated Project Water See application ERU's • Water Quality Concerns None • Project Consistent with Water Yes Master Plan • Impacts/Concerns •See the attached water markup for more detail •The water main in Pine Ave needs to be extended east and tied into the existing 12"near Ten Mile.Also,the water main in Pine Ave needs to be extended west to the west property boundary.This will fulfill the to-and-through requirement. •The water main in W.Little Lane needs to be extended to the west property line. •Install water main in N. Side Creek Lane and stub at the property line to provide a future connection to the west parcel. •End the water main in N.Rangeview Lane(at the southeast corner of development)in a fire hydrant •There is an existing water main stub off of Ten Mile at the southeast corner of the development that either needs to be used or abandoned COMPASS—Communities in Motion 2040 2.0 Review Housing w/in 1 mile 3,710 Jobs w/in 1 mile 1,350 • Ratio 0.4(ratio between 1-1.5 is considered healthy ratio)indicates an employment need. Nearest Bus Stop 0.8 miles Nearest Public School 0.6 miles Nearest Public Park 0.8 miles Nearest Grocery Store 0.5 miles Recommendations See agency comment section for link to full file. 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S,-.==''-a `�� , p'�� m _� 11 111111111 /]h'�- • IN IIIIu11111► 1� �IT�� 11 „■n_l:-*-•�-CC A 1�iA. ■■I■■1 : IIIIIIYYMI PINE ••�•■1�illlllllll* -�IIIIII ' P-IN G =�11 - ��■ - ?I� _- =�■1111 I '=��G=�==■1111 "� =IIIIII-'� y- - IIIl\Ar III=----■-IIIAIAIIIIE � �,� III-=��--1111111111 9�■III[.� , �I� '"O Ilil E ,� 1��I11--nn1lAlAq■I IIIE11 I r` 1�� L�- um - a,+ 1_om nnnn■nnullnn' ■.e�� I /don � 1 •• r 1 Z f'- r mu■ n1u111111 oil 11Elu1mn■1■ ■■M=■■■■■ 11 1 ' • • I • 111 Item#8. IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper Notification 11/27/2020 1/22/2021 Radius notification mailed to properties within 500 feet 11/23/2020 1/20/2021 Site Posting 12/7/2020 1/18/2021 Nextdoor posting 11/23/2020 1/19/2021 V. STAFF ANALYSIS A. Future Land Use Map Designation(https://www.meridiancity.org/compplan) Mixed Use Community—The purpose of this designation is to allocate areas where community- serving uses and dwellings are seamlessly integrated into the urban fabric. The intent is to integrate a variety of uses, including residential, and to avoid mainly single-use and strip commercial type buildings.Non-residential buildings in these areas have a tendency to be larger than in Mixed Use Neighborhood(MU-N)areas,but not as large as in Mixed Use Regional(MU- R) areas. Goods and services in these areas tend to be of the variety that people will mainly travel by car to,but also walk or bike to (up to three or four miles). Employment opportunities for those living in and around the neighborhood are encouraged. The subject site has existing City of Meridian zoning and development to the east and north of the property. Its directly borders to its north and east are or will be streets and the southern boundary abuts the railroad easement for the historic Oregon Short Line RR. Directly to the west of this project is another project that is currently under review by City staff. Across Ten Mile Road is existing commercial zoning and uses as well as a Church use;south of the railroad tracks is a 1 S-acre self-storage facility. The proposed land use of multi family residential(in the form of detached cottages, townhomes, and vertically integrated)and commercial are consistent with the land use types noted in the Future Land Use Map (FL UM)designation definitions and preferred uses. The proposed product type is by definition multi family(more than 2 units on a single building lot) but the Applicant has designed the units to emulate single-family attached and detached structures that share pedestrian pathways and open space rather than public streets (this is the sister project to the Modern Craftsman at Black Cat development). The proposed unit types also provide more private open space than traditional multi family development,furthering its feel of single family residential. In addition, certain densities are required to be met for residential projects within the MU-C future land use designation. The proposed project as shown is approximately 8 du/ac, meeting the 6-15 du/ac requirement(see community metrics above). Therefore, Stafffinds the density proposed with the annexation and plat is consistent with the Future Land Use Map designation of Mixed-Use Community(MU-Q. Mixed-use designations also require at least three(3) types of land uses. When analyzing projects within the MU-C future land use designation, the approved and/or developed land uses nearby must be considered. Therefore, Staff has taken into account adjacent land uses that can be traveled between with relative ease. The closest development to this property is a commercial development containing a gas station, a bank, and other office uses. East of this commercial node are detached single-family homes and north of it are some attached single-family homes. All of these uses and developments are also part of the MU-C designation abutting and encompassing this site which add to the diversity of uses available within this designated mixed-use area. Page 6 Page 128 Item#8. The subject development offers 6 acres of commercial zoning according to the proposed rezone exhibit. However, the proposed C-C zoning does not truly reflect the commercial area as it does not reflect the plat boundary. Staff cannot support dual zoning on a property and so the Applicant should revise the rezone exhibit and/or plat boundary to have only the R-1 S zoning district on the area of the site containing residential and remove commercial zoning that goes beyond the proposed commercial lots. With revisions requested by Staff within this report, the Applicant will have to make adjustments to the rezone boundary as well; all of these changes should occur prior to the City Council hearing to ensure transparency on the true amount of commercial zoning being proposed. Regardless of the zoning issues discussed, the proposed commercial areas should accommodate multiple future uses, including the two Vertically Integrated Residential buildings that contain additional leasable commercial area. The commercial acreage of this property is proposed as two commercial lots; one in the very northeast corner of the site containing one building and one more lot that contains the remaining area and buildings, as seen on the submitted preliminary plat. The submitted plat shows two of the three commercial buildings as containing drive-thrus which Staff does not support. Staff supports the use of a singular drive-thru establishment located at the hard corner of the commercial. Despite this opinion, Staff is not willing to specifically limit the number of drive-thru establishments with this application because each drive-thru will require a conditional use permit to implement this use. Therefore, Staff is of the opinion that through our existing process is the best route to determine whether any drive-thru is warranted on this site. Staff notes that the Applicant has taken experiences from the process of obtaining approval of their project that is of the same type of design here in Meridian by incorporating pedestrian connections between shared open spaces and outdoor plazas between the residential and commercial portions of the site. The incorporation of these elements provide a clear answer to a mixed-use goal: `Mixed use areas should be centered around spaces that are well-designed public and quasi-public centers of activity. Spaces should be activated and incorporate permanent design elements and amenities that foster a wide variety of interests ranging from leisure to play. These areas should be thoughtfully integrated into the development and further place-making opportunities considered."Staff finds that with the pedestrian connections and easy access to integrated plazas, the Applicant is meeting this goal. The City may require a development agreement(DA) in conjunction with an annexation pursuant to Idaho Code section 67-651IA.In order to ensure the site develops as proposed with this application, Staff recommends a DA as a provision of annexation with the provisions included in Section VIII.A1. The DA is required to be signed by the property owner(s)/developer and returned to the City within 6 months of the Council granting the annexation for approval by City Council and subsequent recordation.A final plat will not be accepted until the DA is executed and the AZ ordinance is approved by City Council. B. Comprehensive Plan Policies(https:llwww.meridianciL.or /g compplan): The applicable Comprehensive Plan policies are cited below with Staff analysis in italics. "Avoid the concentration of any one housing type or lot size in any geographical area;provide for diverse housing types throughout the City"(2.01.01 G).Mile High Pines (the sister project to Modern Craftsman at Black Cat) is offering a unique type of development within the City of Meridian by proposing single-family attached and detached homes within a multi family setting. A vast majority of the housing that exists around this development are traditional detached single-family homes. The Applicant hopes to add an additional housing type in this area that will delineate a unique living opportunity in the City and add to the housing diversity available. Page 7 Page 129 Item#8. "Require all new development to create a site design compatible with surrounding uses through buffering, screening,transitional densities, and other best site design practices"(3.07.01A). The proposed site design incorporates mews,private streets, common open space, and different housing designs within the same parcel. The area directly adjacent to subject site is undeveloped land but is requesting approval for a mix of housing types to include traditional multi family and detached single-family at a lower density than this project. Despite being in a mixed-use designation, the Applicant has chosen to propose a development that is made up of mostly single- story structures instead of 3 or 4 story apartments. The Applicant did this in order to be more compatible with other nearby residential development and create a sense of place by not having multi-story buildings throughout the site. In regards to site design, the Applicant is proposing two-story townhomes along the southwestern boundary and on part of the eastern boundary along Ten Mile with the rest of the site being a majority of single-story structures. The only other two-story structures proposed are those vertically integrated structures located closer to the proposed commercial zone. With the majority of the two-story structures and the commercial being along the periphery of the development, the single-story structures and largest open space areas will be buffered by these structures and landscape buffers. In addition, the townhomes along the western boundary will abut a cul-de-sac and only a few of the larger lots proposed with the adjacent subdivision to the west. These aspects of the site design and buffering are notwithstanding the pedestrian and bicycle pathways that line the entire edge of the proposed project, offering additional recreation opportunities and more buffering from adjacent subdivisions and the adjacent roadways. The Applicant is only proposing one access to Ten Mile Road that will be a restricted, right- in/right-out only access for safety reasons. The only other direct access proposed is to the proposed extension of Pine Avenue near the northeast corner of the site—this access has been approved by ACHD as a full access because it aligns with an access proposed by the application to the west and north of this project. Reducing access points to arterial streets is a major goal within the City's Comprehensive Plan and helps funnel traffic in appropriate manners. Staff believes placing the commercial along Ten Mile offers an appropriate buffer between the busy arterial roadway and the single-story structures that make up the center of the development. However, Staff does not agree that placing townhomes along Ten Mile is the best site design practice. Instead,placing the vertically integrated structures along Ten Mile, in place of the two townhome units, may offer a better transition. The Applicant could then re-orient the townhomes along Pine rather than the single-family style cottages as currently proposed, offering a better buffer and transition from Pine Avenue and future development to the north. The townhomes along Pine would front on the large green space proposed here and have the garages facing towards the inside of the site, eliminating the need for parking stalls on side of the northern most east-west street and helping to alleviate some of the utility issues presented by Public Works and discussed in more depth below. "Establish and maintain levels of service for public facilities and services,including water, sewer, police,transportation, schools, fire, and parks" (3.02.01 G).All public utilities are available for this project site due to the existing arterial network abutting the site to the east,per Public Works comments. This project also lies within the Fire Department response time goal. Ten Mile Road is currently built at its final width abutting the site(S lane arterial) and is within one (1) mile of Interstate 84. West Ada School District has not offered comments on this project at the time of writing; the school districts standard ratio of potential school aged children would estimate 95 additional school aged children in this development. Chaparral Elementary is the closest school to the subject site and is within walking distance. Staff understands that school enrollment is a major Page 8 Page 130 Item#8. issue to be dealt with but some relief appears to be on the horizon with new schools opening up soon. Staff finds that the existing and planned development of the immediate area create conditions for adequate levels of service to and for this proposed project. "Preserve,protect,and provide open space for recreation, conservation,and aesthetics" (4.05.01F). The proposed project offers open space that exceeds the minimum requirements in the unified development code (UDC). The Applicant has placed a large area of open space in the center of the development that all units have almost equal access to which improves the overall project. Adjacent to this central open space is the proposed clubhouse and pool and to the east of the residential part of the project are two plazas with outdoor seating that is shared between the residential and commercial areas of the site. In addition, the Applicant is proposing to construct a segment of required multi-use pathway along the south boundary and then tying that into their own pathway system as a continuous loop around the project—these pathways are proposed with multiple connections to sidewalks along streets and those interior to the site offering additional usable open space and areas for recreation. See further analysis in Section V.E and V.L. "Explore development and implementation of architectural and/or landscape standards for geographic areas of the City."(5.01.02F). The proposed project site is not within a specific area plan for the City but because it is a multi family product, it is subject to design review. The Applicant has submitted a concurrent administrative design review application for the residential structures that accompanies Staffs review of the conceptual elevations. The architecture proposed throughout the residential portion of the project offers modern design elements that include shed roof combinations and are combined with stucco and stone sidings,finished wood as a siding and accent material, and metal as an accent material. Staff not only finds the submitted elevations to be in compliance with the Architectural Standards Manual but also finds this type of architecture as unique and a welcome addition to the neighborhood. "Establish distinct,engaging identities within commercial and mixed-use centers through design standards."(2.09.03A).As discussed above, the proposed product type and architecture would make Mile High Pines a distinct area within this part of the City. The Applicant has worked with Staff to offer a site design that provides some integration between the commercial and residential product types. In addition, there is a similar look and feel in the development created largely by the inclusion ofpedestrian facilities throughout the site and large amounts ofprivate open space provided for multi family development. The Applicant, as noted above, is incorporating two shared plazas in the development that Staff anticipates will be widely used and helps engage both the future residents and commercial patrons. Therefore, when considering the surrounding area of development, Staff finds that the proposed development meets a majority of the mixed-use policies and objectives. Staff finds this development to be generally consistent with the Comprehensive Plan and a majority of the mixed use policies. C. Existing Structures/Site Improvements: The site currently houses two single-family homes and associated accessory buildings. All existing structures will be removed upon development of this site. The Applicant will be responsible for maintaining the existing arterial sidewalks along Ten Mile Road during construction. Page 9 Page 131 Item#8. D. Proposed Use Analysis: The proposed use is multi-family residential and commercial;the commercial area makes up roughly 1/3 of the site area,approximately 6 acres compared to 11.5 acres,respectively. Multi- family residential is a conditional use in R-15 zoning district per UDC Table 11-2A-2. Staff is unaware of any tenants being in place for the proposed commercial building suites. Because no tenants are currently known of, Staff cannot review those uses for compliance in the C-C zoning district.However,the submitted site plan depicts two drive-thru establishments next to one another—drive-thru establishments require a Conditional Use Permit when they are within 300 feet of a residential district, as is the case for this commercial area. Commercial buildings require Certificate of Zoning Compliance(CZC)and Design Review so at that time Staff will evaluate uses for compliance with code. The multi-family development is proposed to be constructed in one phase and incorporate both detached and attached structures, as noted; of the 135 multi-family units,42 units are townhomes proposed along the western and southeast boundaries of the site and 6 units are part of the vertically integrated structures. Therefore,the remaining 87 units are the single-story cottages that vary in sizes form 1-3-bedroom units. As discussed previously,the multi-family buildings are subject to design review and the Applicant has applied for this concurrently with the conditional use permit application for the residential structures. The Applicant did not provide elevations for the future commercial buildings;upon submittal of the required CZC,the Applicant will be required to submit concurrent design review for the commercial buildings. The Applicant has provided conceptual elevations of the Clubhouse and it shares in similar architecture with the proposed residential units as required by the specific use standards. The proposed use is not a traditional type of single family or multi family development, it is a hybrid of the two. The Applicant could have chosen to plat each one of these buildings individually; the Applicant could also have proposed traditional 4-story garden style apartments. Both potentials have their positives and negatives and the Applicant is proposing a unique product type to the City of Meridian. The proposed units are a majority of single-story one, two, and three-bedroom detached units without garages. The Applicant is proposing more traditional apartment style parking to accompany the units but some units do have attached one-car garages. All of the townhome units also have attached two-car garages on their .first floor. Largely, the proposed buildings in this development look like detached single-family homes but have on-street parking and less private open space than a standard 4,000 or 8,000 square foot lot. However, the Applicant is proposing vastly more private open space than is required by UDC for multi family development. UDC requires at least 80 square feet per unit and the Applicant is proposing an average of almost 400 square feet per unit via small private yards for every single unit. The design of this can be best seen on the open space exhibit(see Exhibit VII.C) and the fencing plan shown on the last page of the landscape plans (see Exhibit HID). To be clear, the main proposed use is single-family detached structures combined with on-street parking that all reside on one single building lot, making it a multi family development by definition. There are also traditional style townhome units but are also on the same building lot, making the whole residential product type a multi family development. Staff has some recommendations regarding the overall site design to better transition from the busy streets and spread out some of the units for better utility delivery—Staff notes that all of the following recommendations are made with the overarching recommendation that no more units be added to the proposed development even if room is available within the site. First, Staff recommends losing the singular unit near the northwest corner of the site, south of the 4 units along the east/west street to open up this area and remove the potential for CPTED issues created by this odd unit placement. Secondly, as noted within the Comprehensive Plan analysis, Page 10 Page 132 Item#8. Staff recommends the Applicant replace the townhome units shown along Ten Mile with the Vertically integrated structure proposed near the center of the project. Because of the commercial component of these structures, Staff believes fronting onto Ten Mile will activate the commercial within this building and offer a better buffer along the arterial roadway. The Applicant should replace the vertically integrated structure with the four units currently proposed directly the west of it in order to then spread out the remaining units in this area. By spreading these units out, utility service lines will have more room to be placed and alleviate some of the concerns presented by Public Works in regards to the proximity of buildings in this area of the site. In addition, this recommendation could add additional common open space for the site depending on how the Applicant redesigns this area. Along Pine Avenue, Staff recommends replacing all of the detached units with townhome units— this would be where the two 6 plexes from the southeast corner of the site could be re-oriented. The townhomes would front on the large open space area proposed along Pine and have the garages face internally to the site. This removes the single-family style product from being adjacent to a major street and removes the need for parking spaces along the north side of W. Littleton Lane (the internal east-west private street). With this recommendation, the entire northern area of the site could be pushed further north to open up the site and allow for more room within the site to accommodate the required utility easements and possibly some additional traffic calming. E. Specific Use Standards(UDC 11-4-3): The proposed multi-family development use is subject to conditional use permit approval by the Planning and Zoning Commission and subject to specific use standards outlined in UDC 11-4-3- 27 and below: 11-4-3-27—Multi-Family Development: A. Purpose: 1. To create multi-family housing that is safe and convenient and that enhances the quality of life of its residents. 2. To create quality buildings and designs for multi-family development that enhance the visual character of the community. 3. To create building and site design in multi-family development that is sensitive to and well integrated with the surrounding neighborhood. 4. To create open space areas that contribute to the aesthetics of the community,provide an attractive setting for buildings, and provide safe,interesting outdoor spaces for residents. B. Site Design: 1. Buildings shall provide a minimum setback of ten feet(10')unless a greater setback is otherwise required by this title and/or title 10 of this Code. Building setbacks shall take into account windows, entrances,porches and patios,and how they impact adjacent properties.Proposed project shall comply with this requirement. 2. All on-site service areas,outdoor storage areas,waste storage, disposal facilities, and transformer and utility vaults shall be located in an area not visible from a public street, or shall be fully screened from view from a public street. The site plan depicts screened trash enclosures that are only visible from the private streets; all proposed transformer/utility vaults shall also comply with this requirement. Page 11 Page 133 Item#8. 3. A minimum of eighty(80) square feet of private,usable open space shall be provided for each unit. This requirement can be satisfied through porches,patios, decks, and/or enclosed yards. Landscaping, entryway and other accessways shall not count toward this requirement. In circumstances where strict adherence to such standard would create inconsistency with the purpose statements of this section,the Director may consider an alternative design proposal through the alternative compliance provisions as set forth in section 11-5B-5 of this title. The private, usable open space provided for each unit varies with each unit type but each one provides more than the required amount.According to the Applicant's open space exhibit, the minimum private open space provided is 80 square feet(for the vertically integrated structures as balconies) and the maximum for any one unit would be approximately 830 square feet with an average size of approximately 400 square feet. Again, this proposed design offers private open space that is more akin to single-family developments but is still a multi family product and the type of housing that Baron Ten Mile is aiming to provide. 4. For the purposes of this section,vehicular circulation areas,parking areas, and private usable open space shall not be considered common open space. These areas were not included in the common open space calculations for the site. 5.No recreational vehicles, snowmobiles,boats or other personal recreation vehicles shall be stored on the site unless provided for in a separate,designated and screened area. Applicant shall comply with this requirement. 6. The parking shall meet the requirements set forth in chapter 3, "Regulations Applying to All Districts",of this title. See analysis in staff report below. 7. Developments with twenty(20)units or more shall provide the following: a. A property management office. b. A maintenance storage area. c. A central mailbox location(including provisions for parcel mail)that provide safe pedestrian and/or vehicular access. d. A directory and map of the development at an entrance or convenient location for those entering the development. (Ord. 18-1773,4-24-2018) Per the submitted plans, the Applicant appears to meet these requirements. Where it is not clear on the submitted plans, the Applicant shall comply with these requirements at the time of CZC submittal. The site plan submitted with the Certificate of Zoning Compliance application shall depict these items. C. Common Open Space Design Requirements: 1. A minimum area of outdoor common open space shall be provided as follows: a. One hundred fifty(150) square feet for each unit containing five hundred(500) or less square feet of living area. b. Two hundred fifty(250) square feet for each unit containing more than five hundred(500) square feet and up to one thousand two hundred(1,200) square feet of living area. c. Three hundred fifty(350) square feet for each unit containing more than one thousand two hundred(1,200) square feet of living area. Page 12 Page 134 Item#8. Note: Open space standards found in UDC 11-3G AND those found in these specific use standards shall apply to this project.Please see the applicability section of both code sections. Staff analysis for both open space requirements is in Section V.L of this staff report instead of splitting the analysis into two parts. 2. Common open space shall be not less than four hundred(400) square feet in area,and shall have a minimum length and width dimension of twenty feet(20').Proposed open space submitted as meeting this requirement has been reviewed.All area labeled as qualified common open space on the open space exhibit complies with this requirement except for portions of the areas labeled as `Area 7"and `Area 2." The pieces of these areas that do not appear to meet the 20'minimum width requirement are negligible in the overall site and amount of open space proposed. 3. In phased developments,common open space shall be provided in each phase of the development consistent with the requirements for the size and number of dwelling units. This project is proposed to be developed in one(1)phase. 4. Unless otherwise approved through the conditional use process, common open space areas shall not be adjacent to collector or arterial streets unless separated from the street by a berm or constructed barrier at least four feet(4') in height,with breaks in the berm or barrier to allow for pedestrian access. (Ord. 09-1394, 3-3-2009, eff.retroactive to 2-4- 2009). The buffer along W. Pine Avenue, a collector street, and the buffer along N. Ten Mile Road, do not count toward the common open space requirements for the multi family specific use standards. However, those areas along the arterial and collector roadways do count towards the minimum 10%required open space for the residential development as a whole. D. Site Development Amenities: 1. All multi-family developments shall provide for quality of life, open space and recreation amenities to meet the particular needs of the residents as follows: a. Quality of life: (1) Clubhouse. (2)Fitness facilities. (3)Enclosed bike storage. (4)Public art such as a statue. b. Open space: (1) Open grassy area of at least fifty by one hundred feet(50 x 100)in size. (2) Community garden. (3)Ponds or water features. (4)Plaza. c. Recreation: (1)Pool. (2)Walking trails. (3) Children's play structures. (4) Sports courts. Page 13 Page 135 Item#8. 2. The number of amenities shall depend on the size of multi-family development as follows: a. For multi-family developments with less than twenty(20)units,two (2) amenities shall be provided from two (2) separate categories. b. For multi-family development between twenty(20)and seventy-five (75)units,three (3) amenities shall be provided,with one from each category. c. For multi-family development with seventy-five (75)units or more, four(4) amenities shall be provided,with at least one from each category. d. For multi-family developments with more than one hundred(100)units,the decision- making body shall require additional amenities commensurate to the size of the proposed development. 3. The decision-making body shall be authorized to consider other improvements in addition to those provided under this subsection D,provided that these improvements provide a similar level of amenity. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) Based on 135 proposed units, a minimum of four(4)amenities are required;however, the decision-making body is authorized to consider other amenities in addition to those provided per the standards listed above in 2.d. The following amenities are proposed from the quality of life, open space and recreation categories:a clubhouse with offices, a fitness facility, enclosed bike storage, and a pool,a tot- lot, two shared plazas,pedestrian and bicycle circulation, and a segment of multi-use pathway. Therefore,the Applicant is proposing 8 qualifying site amenities.In addition to these amenities, the Applicant is proposing self-storage lockers(each locker is approximately 12 square feet)spread throughout each of the garage buildings so that residents may store small amounts of personal items onsite and near their units. This is also not a qualifying site amenity but Staff finds that these will likely be heavily used even though not all residents will be allowed to participate in it due to the difference in unit count and available lockers. E. Landscaping Requirements: 1. Development shall meet the minimum landscaping requirements in accord with chapter 3, "Regulations Applying to All Districts", of this title. 2. All street facing elevations shall have landscaping along their foundation. The foundation landscaping shall meet the following minimum standards: a. The landscaped area shall be at least three feet(Y)wide. b. For every three(3) linear feet of foundation, an evergreen shrub having a minimum mature height of twenty-four inches (24") shall be planted. c. Ground cover plants shall be planted in the remainder of the landscaped area. The landscape plan provided appears to meet these specific use standard landscape requirements and shall be verified at the time of CZC submittal(see Exhibit VII.D). F. Dimensional Standards(UDC 11-2): The commercial and multi-family residential lots appear to meet all UDC dimensional standards per the submitted plat. In addition,all private streets appear to meet the minimum UDC dimensional standards per the submitted plans. In addition, all subdivision developments are also required to comply with Subdivision Design and Improvement Standards (UDC 11-6C-3). The proposed preliminary plat and submitted plans Page 14 Page 136 Item#8. appear to meet the UDC requirements of this section except for subsection 3.e regarding easements—this is of great concern to Staff. The proposed project must comply with the separation requirements for all utilities and storm drainage lines while not having any permanent structure encroachments or overhangs within the easement.Public Works has raised concerns regarding whether the Applicant can comply with their easement requirements. Staff is adding a condition of approval to obtain Public Works approval of their utility plan prior to City Council to ensure any revisions required to the overall site design can be analyzed by Planning Staff for compliance with the UDC. In response to Staffs initial discussions with the Applicant regarding this concern, the Applicant has provided a specific exhibit(see Exhibit VIII.L) to address this issue. Staff has done an initial analysis of this exhibit and it does not comply with all of the Public Works requirements.Planning staff also has concerns on whether an alternative compliance request may be needed in order to further revise the utilities for this development.As further revisions occur, the Applicant should also revise any other relevant plans and ensure they maintain compliance with all UDC requirements. G. Access(UDC 11-3A-3, 11-3H-4) &Private Streets (UDC 11-3F-4): Access is proposed via one private street access off of W. Pine Avenue and one driveway access to N. Ten Mile Road. The Applicant is also proposing to stub a private street(shown as W. Littleton Lane)to the western property line in the northwest area of the site for added vehicular and pedestrian circulation between the two properties. The two proposed access points have been approved by ACHD but typically access to Ten Mile is limited by the City in accord with UDC 11-3A-3 which is why the Applicant is proposing a driveway access meant to better distribute traffic to the future commercial area.ACHD is not limiting the access to Ten Mile to a right- in/right-out only access in order to help alleviate the future traffic load at the Pine/Ten Mile intersection. Commission and Council should evaluate whether they support this access to Ten Mile as a full access located approximately 400 feet north of the railroad crossing.No other direct lot access is proposed or allowed to Ten Mile Road. The Applicant is also proposing an emergency only access through one of the private drives (N. Side Creek Lane)along the western boundary—this access will be accessed via knockdown bollards in line with Meridian Fire preferences. Due to the nature of the proposed use, Staff believes private streets are appropriate in this development. In general,multi family projects do not typically have private streets and instead have drive aisles.However,because of the nature of this development,private streets are being used for the purpose of having better addressing for the site. In a project like this adequate and simplified addressing is important in case of an emergency response.Drive aisles cannot be named and addressed which does not lend itself to a development of this kind. Therefore, the private streets will function as drive aisles but incorporate the ability to have street names and better addressing for first responders and should not be analyzed in the same sense as other private street applications, according to Staff. City code requires that private streets are to be used in either a mew or gated development and this Applicant has proposed mews between the townhome units.In addition, there are sidewalks and open areas between each detached unit that could also be considered mews. The Applicant did propose gates in the project at one point but at the request of Staff, they removed the gates to improve integration and connectivity to and help the project meet more of the mixed-use policies. Private streets are also required to comply with the design and construction standards listed in UDC 11-3F-4. The proposed private streets are mostly 25 feet wide with attached sidewalks of varying widths on both sides of the street throughout the site. In order to help with some of the Page 15 Page 137 Item#8. easement issues already discussed the Applicant has widened the private street to 31 feet in width in one small section of the site near the northwest corner. Both open and covered parking is provided along the private streets. Further parking analysis is discussed in the next section, Section V.H. In addition,private streets are required to be on their own common lot or within an easement per UDC 11-3F-3B.3 standards. The submitted plat appears to show compliance with this requirement. Staff has concern with the street layout at the main entrance to the development off of Pine Avenue where an uncommon 3-way intersection is shown. Albeit the intersection is internal to the private streets, all three roadways that converge on this point allow traffic in both directions and Staff(including Police) have concerns over how traffic will flow and navigate this intersection, especially in inclement weather(i.e. when snow covers the lane striping). This intersection should be redesigned in such a way that traffic can safely and efficiently navigate between the residential and commercial areas of the site from all three directions that converge on this point. Traffic Impact Study Analysis: The proposed project proposes more than 100 units and therefore requires a Traffic Impact Study(TIS). The Applicant's traffic impact study has been analyzed by ACHD and specific conditions of approval are outlined in their staff report(see exhibit VIII.J).Despite ACHD analyzing and discussing the TIS in their own report,Staff finds it necessary to highlight the main points of discussion and road improvement requirements,specifically those related to the extension of Pine Avenue. This Applicant and the Applicant for the proposed project to the north and west of this project have entered into a legally binding "Dedication and Development Agreement"that outlines the potential options for how the Pine Avenue extension will be constructed(see Exhibit VIII.L). In addition,ACHD has outlined different options for how this extension and road improvements can occur.At a minimum, this Applicant will construct the intersection improvements as half of a 3-1ane street section (one westbound receiving lane, eastbound left turn lane, and an eastbound thru/right turn lane) with vertical curb,gutter, and sidewalk abutting the site.In addition, the Applicant is, at a minimum, required to extend and construct Pine Avenue outside of the influence area of the Pine/Ten Mile intersection as half of a 36 foot wide collector street section plus 12 additional feet of pavement to total 30 feet, vertical curb, gutter, and 5-foot detached sidewalk. The Applicant's agreement discusses that whoever obtains City approval second is required to dedicate the required amount of right-of-way to ensure Pine Avenue is constructed centered on the section line dividing the two properties. Staff appreciates the forethought of this agreement to ensure correct construction of the Pine Avenue extension. Therefore,Staff recommends a condition of approval in line with this agreement. In addition, the Applicant is required to enter into a signal agreement for the required signal improvements at the pine/Ten Mile intersection.ACHD is also requiring the Applicant construct a southbound right-turn lane on Ten Mile Road located 580 feet south of the intersection for safer southbound access into the singular access allowed to Ten Mile. H. Parking(UDC 11-3C): Off-street parking is required to be provided in accord with the standards listed in UDC Table 11- 3C-6 for multi-family dwellings based on the number of bedrooms per unit. The submitted plan named "Conditional Use Plan"appears to show the proposed parking clearest. This plan shows a total of 442 total spaces for the entire development. 319 are proposed for the residents, 12 are reserved for the 3,500 square foot clubhouse, 30 are shown for the vertically integrated units, and the remaining 81 are for the proposed commercial sites. For the 319 for the residential units, Page 16 Page 138 Item#8. a certain number are required to be covered spaces but the numbers shown on the submitted plan do not add up correctly. Staff has counted the proposed covered spaces and they appear to be at 218 covered spaces exceeding the minimum required amount of 123 covered spaces. The Applicant should verify their parking counts prior to the City Council hearing to ensure transparency but initial analysis shows the proposed parking counts exceed the minimum UDC requirements. The commercial area proposed along Ten Mile Road is shown with three separate buildings totaling approximately 12,441 square feet according to the submitted Conditional Use Plan; the Vertically Integrated structures contain 10,140 square feet of commercial space. For commercial uses, the parking requirement is one space for every 500 square feet and the proposed commercial area requires a minimum of 52 spaces.As noted, the Applicant has proposed 81 spaces for the commercial area, exceeding the minimum amount required by the UDC. Two of the commercial sites show a drive-thru and one appears to be for a restaurant use. Per the UDC, restaurant uses require a parking ratio of I space per 250 square feet. Staff cannot fully analyze the commercial parking because uses are not yet known. However,for the standard ratio, the Applicant is proposing parking in excess of the minimum requirements and each commercial pad site will require CZC and Design Review approval prior to obtaining building permit approval. Therefore, Staff will handle these calculations at the time of those submittals. The Applicant did not submit a separate parking plan for review. I. Pathways (UDC 11-3A-8): A 10-foot wide multi-use pathway is required and proposed along the property's boundary abutting the railroad easement along the southern boundary. The proposed pathway will be approximately 100-feet from the existing railroad tracks due to the easement width and will be a segment of approximately 480 feet in length and connect to the existing arterial sidewalk along Ten Mile. This section of multi-use pathway will connect to a proposed micro-path traversing the entire western boundary of the subject site that eventually connects to the sidewalk along Pine Avenue. These connections would allow further safe pedestrian connection along the railroad corridor and will directly help connect this development to Fuller Park should the subdivision to the west also obtain approvals. The proposed sidewalks in this development are essentially micro-pathways. These pathways connect throughout the entire development and traverse through every mew as well. They offer increased pedestrian connection and give future residents the opportunity to walk rather than drive within the project site to the commercial within this development and the nearby commercial on the east side of Ten Mile Road. J. Sidewalks(UDC II-3A-17): Attached sidewalks are proposed along all internal private streets as part of the overall pedestrian circulation, in accord with the standards listed in UDC 11-3A-17. The sidewalks in this development create connections throughout the project including to and from the commercial portion of the site. The proposed large open space area in the center of the development is easily accessible because of these sidewalks. The sidewalk along Ten Mile is already existing with 7-foot attached sidewalk per ACHD standards for arterials. With the extension and construction of W. Pine Avenue, the Applicant is required to construct a 5-foot wide detached sidewalk within the required landscape buffer. The submitted landscape plans show a 5-foot detached at least 4 feet from the edge of future right-of-way, meeting UDC Page 17 Page 139 Item#8. standards. Staff supports the sidewalk and pedestrian circulation plan for this development. See Exhibit VII.F. In consideration of pedestrian safety as well as traffic calming for the site, Staff is recommending that all pedestrian crossings and any main sidewalk that traverses the perimeter of the streets and/or that goes east-west through the main central open space area be constructed as raised crossings out of brick pavers, stamped concrete, or equal. K. Landscaping(UDC 11-3B): A 25-foot wide street buffer is required adjacent to N. Ten Mile Road, an arterial roadway, landscaped per the standards listed in UDC 11-3B-7C. A 25-foot wide common lot is depicted on the plat starting at the back of the existing attached sidewalk along Ten Mile,meeting the UDC requirements. There is also a required 20-foot wide landscape buffer adjacent to W. Pine Avenue, a residential collector roadway; the submitted plat also shows compliance with this requirement. The submitted landscape plans appear to show the correct amount of landscaping per the UDC standards for the landscape buffers. Landscaping is required along all pathways (including micro-pathways) in accord with the standards listed in UDC 11-3B-12C. The total lineal feet of all pathways with the required and proposed number of trees are NOT included in the Landscape Calculations table on the submitted landscape plans, sheet LA. The table contains this data for the multi-use pathway but not the micro-path along the west perimeter of the development and there does not appear to be trees located on both sides of either pathway segments. The addition of this data in the calculations table and the required trees located on both sides of the pathways will be required as a condition of approval.In addition,there does not appear to be the minimum 5 feet wide planter width on the south side of the multi-use pathway. The submitted landscape plans appear to show an area wide enough for the pathway and 5 feet of landscaping on both sides; the Applicant should revise the landscape plans to show compliance with these standards. Common open space is required to be landscaped in accord with the standards listed in UDC I I- 3G-3E. The total square footage of common open space and the required number of trees to demonstrate compliance with UDC standards is NOT included in the Landscape Calculations table. The addition of this data in the calculations table will be required as a condition of approval. The proposed C-C zoning district requires a 25-foot landscape buffer to any residential district; the submitted plans do not show compliance with this requirement.Because this is a mixed-use development and there is the presence of some landscaping, a sidewalk, and the street between the residential uses and the commercial,Staff does not have particular concern over this discrepancy.However,in order to comply with the UDC,the Applicant will have to request a waiver from City Council to reduce this buffer to the buffer shown on the submitted landscape plans. L. Qualified Open Space(UDC 11-3G): A minimum of 10%qualified open space meeting the standards listed in UDC 11-3G-313 is required. Based on the proposed plat of 16.46 acres,a minimum of 1.65 acres of qualified common open space should be provided to satisfy this requirement. In addition,because this is a multi-family development within a residential zoning district,the common open space standards listed within the specific use standards,UDC 11-4-3-27, also apply. Combined,the required amount of minimum qualifying open space that should be provided is 2.56 acres.The Applicant's open space calculations do not accurately depict the amount of qualified open space for the multi-family specific use standards.There are parts of"Area 2" and"Area 7" Page 18 Page 140 Item#8. on the submitted open space exhibit that do not appear to maintain the 20' minimum requirement to continue counting towards qualified open space.However,according to Staffs analysis,these areas are negligible to the overall calculations. According to the open space exhibit(see Exhibit VII.C),the applicant is proposing a total of 3.62 acres of qualified open space. There are a number of small areas throughout the development that are still green space but are not qualifying open space because of the 20' by 20' minimum dimensional requirement per the multi-family development open space standards. Of the 3.62 acres proposed,2.47 acres is proposed to meet the overall minimum 10%requirement(2.47 acres equates to approximately 15%). This qualified open space consists of the 10-foot multi-use pathway segment,the required street buffers, and two large common open space areas. This area exceeds the minimum UDC requirements. The remaining 1.15 acres of common open space is proposed to meet the specific use standards for multi-family development. These areas of open space consist of the mews between the attached products,areas of open space that meet the minimum 20' x 20' multi-family open space dimensions, and the two shared plazas. The open space proposed to meet the specific use standards exceeds the minimum UDC requirements. As noted above, the common open space provided with this development exceeds the minimum amounts required by code.In addition, the Applicant is proposing private open space well in excess that is required by code. Staff appreciates the incorporation of the two shared plazas between the residential and commercial areas—the easy pedestrian access to these areas add to their usability overall placemaking. In addition, all of the pedestrian pathways throughout the site connect the main areas of open space to the residential units offering fairly equitable access to the proposed open space. Staff supports the pedestrian network and the connections to open space anchored by usable open space and amenities and the commercial area on the eastside of the site. All in all, Stafffinds that the proposed common and private open space are sufficient for a project of this size and proposed use. M. Qualified Site Amenities (UDC 11-3G): Based on the area of the proposed plat(16.46 acres), a minimum of one(1)qualified site amenity is required to be provided per the standards listed in UDC 11-3G-3C. The applicant proposes one(1) qualified amenity to satisfy the requirements in this section of the UDC, a 10-foot multi-use pathway along the southern boundary.All other site amenities (analyzed in an above section) are meant to satisfy the specific use standard amenity requirements. The proposed multi-use pathway meets the minimum UDC standards. N. Fencing(UDC 11-3A-6, 11-3A-7): All fencing is required to comply with the standards listed in UDC 11-3A-7. Fencing is proposed as shown on the landscape plan and meets UDC standards as proposed. O. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): As discussed in the comprehensive plan policies analysis, Staff believes most of the submitted elevations meet the required Architectural Standards. The applicant has submitted a concurrent design review application for the residential structures and staff finds the submitted architecture of the residential portion of the development complies with the ASM. Commercial elevations were not submitted with this application but future buildings should incorporate similar architectural features to ensure a cohesive design as envisioned by the Comprehensive Plan and ASM.A separate DES will be required for the Commercial portion of the development. Page 19 Page 141 Item#8. The ASM notes that no two multi family buildings should look the same. To ensure compliance with at least the intent of this requirement, the Applicant should create more differentiation between the units by providing different colors beyond the same earth tones. In addition, adding more of the accent materials (i.e. lap siding and stone)would help to make more of the detached units unique from one another. Staff is recommending a condition of approval to mitigate this. To help ensure the future commercial buildings integrate with the proposed residential, the Applicant should provide at least conceptual elevations for these buildings. Staff is providing a condition of approval to submit conceptual elevations of the commercial buildings prior to the City Council hearing. VI. DECISION A. Staff: Staff recommends approval of the requested annexation and zoning with the requirement of a Development Agreement and approval of the requested conditional use permit and preliminary plat applications per the Findings in Section IX of this staff report. The Director approved the private street and administrative design review applications. B. The Meridian Planning&Zoning Commission heard these items on December 17,2020 and January 2, 2021.At the public hearings,the Commission moved to recommend approval of the subject Annexation and Zoning,Preliminary Plat,and Conditional Use Permit requests. 1. Summary of Commission public hearing: a. In favor: Deborah Nelson,Applicant Legal Rep.; Dave Bailey,Applicant Engineer b. In opposition:None C. Commenting: Deborah Nelson; Dave Bailey d. Written testimony: None e. Staff presenting application: Joseph Dodson,Associate Planner f. Other Staff commenting on application: Bill Parsons,Planning Supervisor 2. Key issue(s) testimony a. None 3. Key issues)of discussion by Commission. a. Amount of Commercial versus Residential in both zoning and commercial square footage; b. Viability of Staff s recommended conditions and layout changes—Staff and Commission went through each recommended change and discussed items with the Applicant following testimony from the Applicant; C. Timeline of Pine Avenue extension from Ten Mile to existing section of Pine; d. Importance of Public Works standards for utility mains within private streets and whether proposed plan can work—Staff received a memo from Public Works before the second Commission hearing for this project outliningspreliminary support of utility plans, e. Discussed the changes made b, t�pplicant following the continuance and and concerns—no concerns by Staff. 4. Commission change(s)to Staff recommendation: a. Revise the staff report to reflect the changes and strike specific conditions as outlined in the Staff Memo to the Commission dated December 31,2020—i.e.remove all of Staffs recommended changes except for the one regarding the revised internal 3-way intersection off of Pine Avenue. 5. Outstandingissue(s)ssue(s) for City Council: a. The Applicant did not submit a parking plan in line with a condition of approval. Page 20 Page 142 Item#8. C. The Meridian Citv Council heard these items on February 9,2021. At the public hearing.the Council moved to approve the subject Annexation and Zoning,.Preliminary Plat.and Conditional use Permit requests. 1. Summary of the City Council public hearing: a. In favor: Deborah Nelson,Applicant Representative b. In opposition: None C. Commenting: Deborah Nelson: Dave Bailey,Project Engineer d. Written testimony.None e. Staff presenting application: Joseph Dodson,Associate Planner f. Other Staff commenting on application: None 2. Key issue(s)of public testimony: a. None 3. Key issue(s)of discussion by City Council: a. Amount of Commercial for this project as well as designated mixed-use area and whether proposed commercial is adequate: b. Public versus private roads for internal access of the site—why were private streets chosen: C. Mixed-use goals in relation to integration of site internally vs. externally. 4. City, Council change(s)to Commission recommendation. a. Council granted the requested waiver to reduce the required landscape buffer between the C-C zone and the R-15 zone to what is shown on the landscape plans. Page 21 Page 143 Item#8. VII. EXHIBITS A. Annexation and Zoning Legal Descriptions and Exhibit Maps Revised Legal Description Modern Craftsman at Ten Mile Subdivision-Annexation An annexation parcel located in the NE of the SE of Section 10,Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, and more particularly described as follows: BEGINNING at a Brass Cap monument marking the northeast corner of said NE%of the SE%, from which a Brass Cap monument marking the southeast corner of the SE'%of said Section 10 bears S 0*51'58"W a distance of 2646.23 feet; Thence along the easterly boundary of said SE '%S 0°51'58"W a distance of 899.42 feet to a point on the northerly right-of-way of the Oregon Short Line Railroad; Thence N 88°29'39"W along said northerly right-of-way a distance of 528-42 feet to a 518 inch diameter rebar; Thence N 42'27'06"W a distance of 659-08 feet to a 518 inch diameter rebar; Thence N 6°32'24" E a distance of 415.20 feet to a 518 inch diameter rebar on the northerly boundary of said NE'/of the 5E'/a; Thence S 89'11'05'E along said northerly boundary a distance of 939.50 feet to the POINT OF BEGINNING. This parcel contains 17.46 acres and is subject to any easements existing or in use. Clinton W-Hansen.PL NNL LA/VD 5�a f sG Land Solutions, PC 4ti October 2,2020 t0fatIZgp 5 0NW.H\ Lainatutio Pine Ave and Ten Mile Rd Property odea�.V">r.d cons+u.e Job N0.19.19 Page 22 Page 144 Item#8. ANNEXATION EXHIBIT MODERN CRAFTSMAN AT TEN MILE SUBDIVISION LOCATE© IN THE NE 114 OF THE SE 114 OF SECTION 10,T.3N., R.1W-. B-M- CITY OF MERIDIAN,ADA COUNTY, IDAHO 589'11'05"E 1/4 W. PINE ST. 939.50' POINT OF—/ Q BEGINNING N � M z 2 TOTAL ANNEXATION AREA 17.46 ACRES +�— CV T 01 _ ry [fl D N� 2 f6 �cn v. 6 m S 9� N88'29'39'W 528.42' ORESON SHORT LINE RR l�ap4 LA Aro T ER W. FRANKLIN RD. 1 0 17 15 14 I a 11118 Nero{�ztzgr�z n olutlons � q P a afl' 150' 320' Qry w NP��C. Land Surveying and Consulting 231 E.STH ST.,STE.A IA iERIOIAN IO 63642 MOM 2SB-2040 2081268,a57 lu www.landsdutions bR .os rro. - Page 23 Page 145 Item#8. Legal Description Proposed C-C Zone Modern Craftsman at Ten Mile Subdivision A parcel located in the NE'/4 of the SE'/4 of Section 10,Township 3 North, Range 1 West, Boise Meridian,City of Meridian,Ada County, Idaho,and more particularly described as follows: BEGINNING at a Brass Cap monument marking the northeast corner of said NE '/4 of the SE '/, from which a Brass Cap monument marking the southeast corner of the SE'/4 of said Section 10 bears S 0°51'58"W a distance of 2646.23 feet; Thence along the easterly boundary of said NE'/4 of the 5E'/4 S 0°51'58"W a distance of 576.86 feet to a point; Thence leaving said boundary N 88°29'39"VV a distance of 129.67 feet to a point of curvature; Thence a distance of 31.60 feet along the arc of a 100.00 foot radius curve left,said curve having a central angle of 18'06'18" and a long chord bearing S 82'27'12"W a distance of 31.47 feet to a point; Thence S 73°24'03"W a distance of 20.16 feet to a paint; Thence S 87°30'58"W a distance of 103.99 feet to a point; Thence N 38'33'21"W a distance of 239.06 feet to a point; Thence N 0°48'55"E a distance of 198.32 feet to a point; Thence N 89'11'05"W a distance of 101.84 feet to a point; Thence N 0°48'55"E a distance of 208.77 feet to a point on the northerly boundary of said NE'/ of the SE'/4; Thence S 89°11'05"E along said northerly boundary a distance of 537.85 feet to the POINT OF BEGINNING. This parcel contains 6.02 acres more or less. �loNp,L LANDS Clinton W. Hansen, PLS s r F Land Solutions,PC 1" January 5,2021 a 111 ,01 105 jet t l� 9 TF ,aP 5" �TQNW. 0- C-C Zone-Pine and 10 Mile L d bWtioris L� -19 Lane survaymg and C—long Job Page OF I of 1 1 Page 24 Page 146 Item#8. Legal Description Proposed R-1S Zone Modern Craftsman at Ten Mile Subdivision A parcel located in the NE '%of the SE %of Section 10, Township 3 North, Range 1 West, Boise Meridian,City of Meridian,Ada County, Idaho,and more particularly described as follows: Commencing at a Brass Cap monument marking the northeast corner of said NE''{4 of the SE%,from which a Brass Cap monument marking the southeast corner of the SE'/4 of said Section 10 bears S 0°51'58"W a distance of 2 646.2 3 feet; Thence along the easterly boundary of said NE%of the SE%S 0051'58"W a distance of 576.86 feet to the POINT OF BEGINNING; Thence continuing along said easterly boundary S 0°51'58"W a distance of 322.56 feet to a point on the northerly right-of-way of the Oregon Short Line Railroad; Thence leaving said boundary and along said northerly right-of--way N 88°29'39" W a distance of 526.42 feet to a point; Thence leaving said right-of-way N 42°27'06"W a distance of 659.08 feet to a point; Thence N 6°32'24" E a distance of 415.20 feet to a point on the northerly boundary of said NE'/4 of the SE 114; Thence S 89'11'05"E along said northerly boundary a distance of 401,65 feet to a point; Thence leaving said boundary S 0°48'55"W a distance of 208.77 feet to a point; Thence S 89°11'05"E a distance of 101.84 feet to a point; Thence S 0°48'55"W a distance of 198.32 feet to a point; Thence S 38°33'21"E a distance of 239.06 feet to a paint; Thence N 87°30'58"E a distance of 10 3.99 feet to a point; Thence N 73°24'03"E a distance of 2016. feet to a point on a curve; Thence a distance of 31.60 feet along the arc of a 100.00 foot radius curve right, said curve having a central angle of 18'06'18"and a long chord bearing N 82'27'12"E a distance of 31.47 feet to a point of tangency; Thence S 88°29'39"E a distance of 129.67 feet to the POINT 0 0,PL LA Nos OF BEGINNING. �tiU F This parcel contains 11.44 acres more or less. d ,�8 0 Clinton W.Hansen,PLS O1 [05Az1 z Land Solutions,PC January 5,2021 fij,T OF \ tiy`� DIU W �,P Lagl�olu� ono R-15 Zone-Pine and-1 Mile aaa Job ido.19-19 �__.. i.ene:una+'w•�tl conwrcns Page 1 of 1 Page 25 Page 147 Item#8. ZONING EXHIBIT MODERN CRAFTSMAN AT TEN MILE SUBDIVISION LOCATED IN THE NE 114 OF THE SE 114 OF 3ECTION 10,T.3N., R.1 W., B-M- CITY OF MERIDIAN,ADA COUNTY,IDAHO R-15 S8911'05"E 1/4 401.55' ^ 537.85' 1 q 11 N POINT OF BEGINNING C-C ZONE Q h � o o x Lglt'054 101.84' x z n C-C ZONE 6.02 ACRES C-C a R-15 ZONE 11.44 ACRES S73'24'03`W I 20.16' 188 29'39"W N x �— ��2 S87'30'58'W C1 129.67' a 103.99' POINT OF BEGINNING b e R-15 ZONE Sg �. R-T +1 I C-C L LA Iyp N88'29'39'W 528.42' tiG T4' L C-G OREGON SHORT LINE RR 9rE 0 F �aP��, 0' 80, 160, 320' roe w.N�'� W. FRANIQJN RD" ,fl „ 15 14 CURVE TABLE �� CURVE LENGTH RADIUS DELTA BEARING CHORD Land Surveying and Consulting C1 31.60' 100.00' 18Y16'18- S82'27'12-W 31.47' 231 a.5TH sr.STE A MERfDIAN-10 636a2 [268128B-28a0 [2w)2MB 7 fax vrxw.lendsoluliorw.6¢ . Page 26 Page 148 Item#8. B. Preliminary Plat(dated: 1 0/7 v 12/28/2020) __ all S31L2d3d02dd NO2jV9 UUYJ h NIM-d I DRIaaaNlBl(j III y '� IVOISIAlouns s3m i HJIH 31Iw 'aul'duylaau!8u3 ka1! o' e�;t .� w, �� d�d A�JIVPVIW �3Jd 05 IA y5 gs w pp g � E Y�. an_ _...._. .. _.� --- — ---�+' -- 71 — add_ as al. li j - _ _ w Ua M II tl jz yy.. I} R a� I I a II� I ;w �I1I1 < �,✓j/�/�q/�y �$� �/ �I� �I I ICI I I .,� �• �� I II �I M t it � ��III + -mom -.1�III j��',/'' �,�a�•','! /./�f///�' � i I . \ w / - - I u k I a / I l� — i IFO'�a 6.a ajo oao Page 27 Page 149 C. Open Space Exhibit(date: 9,128/2020 12/28/2020) JIM NML -LIV NVNS13V210 NII:IaoW Y W., E El X Pq Pq< -vain 4 go -IJ5 z di, sa _ sg-r ..m mm__ k rM, - --------------- --- --- ... . .... ----- ... .... J L 47 If J, PI T T- 1—u Page 28 Item#8. �R I I y ��i '•Y'�I��I � -, �'�7 f�� .: � �. IIII r� ', J S 11 I i T Rai I I I f l l I I I IEI i'R� ;��I�III yI I A. � 'A F I Nr 7 I-'�. [ -I; fi — I•.�. _ 1- - o- .:I Y'I ",: �i' " • I �I : ,err-= I i �•�rl'.k'L I M II•I VA TI p 7- jr S rpd IIIYMY -` L oil I ' I I f Page 29 Page 151 Item#8. D. Landscape Plans(date: 9/''°�20 12/30/2020) AT as � W 5v I - n �Ik w IL - W uj r'� Z Q ✓, M - �� V)LL Q Lu ° p Z OEi LJ Page 30 Page 152 Item#8. 3 3 � 0O n Z om I, II 'ry I I II z D = � Z mLl Zm �TLIxw i y ? 14 1 k o all, :I 4 Page 31 Page 153 Item#8. � � r �s q FjJ rn i f p .803'' a ` �. I fe �E i 'J. 4 Y �1"ft EO IA PAR�p�VAIEL Q r f 1 yl i Z m v $ d10 IF MODERN g I a MODERN CRAFTSMAN i 1'® a a _ AT TEN MILE a € e .e _ BARON DEVELOPMENT �� PRELIMINARY PLAT LANDSCAPE PLAN ° a Page 32 Page 154 Item#8. I e I' I �I — -- — R. , k \ e a a - 121 6 as w 11 iEJ G 5 9.;9 I10 n en urc RD. MI a P MODERN CRAFTSMAN �Z AT TEN MILE Z '°: N N 3 y naa� i5_i. a BARON DEVELOPMENT J.- ^irI`er °y m PRELIMINARY PLAT LANDSCAPE PLAN & =� Page 33 Page 155 Item#8. IY IP Lis I, IL up Jl- a MODERN CRAFTSMAN ;a r = =0 3 AT TEN MILE a se rev 3 C7 W Nip F`, " Co �� a BARON DEVELOPMENT �� a .. a PRELIMINARY PLAT LANDSCAPE PLAN ° a Page 34 Page 156 Item#8. q n s - u F Fr �s �W o > ' a � € pp' <€ gj€mi a ,a PIP 4 rff Pik a h mmy�bm � r€k z �_rr' F>zn vz >a� zsry s Q MODERN CRAFTSMAN AT TEN MILE P N ;` w m BARON DEVELOPMENT =N� PRELIMINARY PLAT LANDSCAPE PLAN =� ^• Page 35 Page 157 Item#8. E. Pedestrian Circulation Plan f I � i - -,- r I { J II` -� 'z 3 9W ClJ H J , z F P A T H W A Y S E X 0—I I®O T o�n�* g�€ C Ailey Engineering,inn. �C—tl3 MODERN CRAFTSMAN AT TEN MILE Cm�Enamr�ainal�xnixolCA�G BARON PROPERTIES LLC Page 36 Page 158 Item#8. F. Conceptual Building Elevations MODERN CRAFTSMAN AT TEN MILE a� - COVERED PATIO-SHAVE STRUCTURE SOUTHEAST CORNER-MAILBOxES Clubhouse Elevations SOD7HWESTCORNER-POOLVECKVIM6 - - � CLUBHOUSE NORTHEAST CORNER-MAIN ENTRY'J EW MODERN CRAFTSMAN AT TEN MILC ��J;:Jjj NORTH MAIN ENTRYVIEW SOUTHOESTCORNER POOLEE� ❑❑ L] ❑❑ - - a r POOL DECK AREA L�2 �{ CLUBHOUSE FLOOR PLAN ., Page 37 Page 159 Item#8. MODERN CRAFTSMAN AT TEN MILE LEE EN SINGLE SLOPE ROOF-FRONT NEW HIP ROOF-FRONT MEW ❑❑Y n=-xemo.i 1 .�i Il u] 1 -- - � r SINGLE SLOPE ROOF BAGK VIEW ❑❑ 1 BED 1 BATH-DUPLEX FLOOR PLAN HIP ROOF-BACKVIEW MODERN CRAFTSMAN ATTEN MILE E:1M SINGLE SLOPE ROOF-FRONTVIEW HIP ROOF-FRONT NEW ■��n-..a-.�, TM � nr ❑■ SINGLE SLOPE ROOF-BACK VIEW — — I _ 2BE0 29ATH-A FLOOR PLAN HIP ROOF-BACKVIEW Page 38 Page 160 Item#8. MODERN CRAFTSMAN AT TEN MILE Elm�.e SINGLE SLOPE ROOF-FRONT VIEW HIP ROOF FRONT VIEW �® ��j 71 SINGLE SLOPE ROOF BACK VIEW EIN k Lim 2BE0-2RATH-N FLOORPLAN HIPROOF-BACKVIEW MODERN CRAFTSMAN AT BLACK CAT mad FRONFVIEW GARAGE-STORAGE Bl11LCING FLOOR PLAN Page 39 Page 161 Item#8. MODERN CRAFTSMAN AT TEN MILE COLOR PALETTE MI �]Y�1 __. COLOR PALETTE i2 SINGLE SLOPE ROOF-FRONT VIEW HIP ROOF-FRONT NEW COLOR PALETTE#3 ZF_ - � r � SINGLE SLOPE ROOF-BACK VIEW ❑� 36ED-2BATH FLOOR PLAN HIP ROOF-BACK VIEW Page 40 Page 162 Item#8. MODERN CRAFTSMAN AT TEN MILE FIRM FlEl FRONT ISO VIEW Jl. � = L= O I i _ VERTICALLY-INTEGRATED - �'� COMMERCIAL RESIDENTIAL O O O C I'1`.iLEVEL I-FLOOR PLAN-PRELIMINARY-GROSS AREA LEVEL;=5,1385E MODERN CRAFTSMAN AT TEN MILE DOLOR PP1LliCk r_ REAR150VIEW FFlj _a. VERTICALL-INTEGRATED COMMERCIAL RESIDENTIAL LEVEL 2-FLOOR PLAN-PRELIMINARY GROSSAREALEVEL2=5,24251` Page 41 Page 163 Item#8. G. Conceptual Commercial Elevations BARON TEN MILE 7PINE SCHEMATIC COMMERCIAL CON BARON TEN MILE & PINE «Te SCHEMATIC COMMERCIAL CONCEPTS TFIF CCUFFE UCUSE IV : Page 42 Page 164 Item#8. BARON TEN MILE & PINE SCHEMATIC COMMERCIAL CONCEPTS F.. If Oise - "law BARON TEN MILE & PINE al COMMERCIAL CONCEPTS W- SCHEMATIC IiIM MUKKOU" n Page 43 Page 165 Item#8. BARON TEN MILE & PINE CHEMATIC COMMERCIAL CONCEPTS .ry VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. A Development Agreement(DA)is required as a provision of annexation of this property. Prior to approval of the annexation ordinance, a DA shall be entered into between the City of Meridian,the property owner(s) at the time of annexation ordinance adoption,and the developer. Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting the annexation. The DA shall, at minimum, incorporate the following provisions: a. Future development of this site shall be generally consistent with the approved plat, site plan, landscape plan, open space exhibit,and conceptual building elevations included in Section VII and the provisions contained herein. b. The 10-foot multi-use pathway along the south boundary shall be constructed with Phase 1 of the development. c. The existing accesses onto N. Ten Mile Road shall be closed upon development of the subject site except for the access located approximately 580 feet south of the Pine/Ten Mile intersection—this southern access is the only approved access to N. Ten Mile Road. d. With the first phase of development,the Applicant shall construct a dedicated southbound right-turn lane for the one approved access to Ten Mile, as outlined Page 44 Page 166 Item#8. by ACHD and the Traffic Impact Study; dedicate additional right-of-way for this requirement as needed. e. All pedestrian crossings within the site shall be constructed as raised crossings; crossings and the main pedestrian paths shall be constructed with brick pavers, stamped concrete, or equal. f. With the first phase of development,the Applicant shall construct and/or dedicate the required right-of-way for the extension of Pine Avenue and the Pine/Ten Mile intersections in accord with ACHD requirements and in line with the signed"Dedication and Development Agreement,"as seen in exhibit VIII.L. g. The required landscape street buffers shall be constructed and vegetated along the entire perimeter(along N. Ten Mile and Pine Avenue)with the first phase of development. h. An entry feature is allowed and desired to create a sense of place for the development but no gates are allowed except for the emergency only access along the western boundary, labeled as N. Side Creek Lane on the submitted plans. i. Future Commercial elevations shall be generally consistent with the submitted concept elevations in size, form, scale, and roof lines; at a minimum, future commercial buildings on this site shall have at least one(1)field material and color that matches the residential portion of the site. 2. At least ten(10) days prior-to the City Couneil hearing,the Applieant shail pfovide r-evi 3. The preliminary plat included in Section VII.B, dated r etebef:2T December 28,2020, shall be revised prior to final plat submittal: a. If any changes must be made to the submitted plans to accommodate Public Works easement requirements,the Applicant shall submit all relevant and revised plans to the City of Meridian Planning Division for review. vier-if`,the submit4ed data fieted on the"Conditional Use Pltan.'- c. Stamped and signed by the licensed land surveyor. 4. The landscape plan included in Section VII.D, dated September- 95 December 30,2020 is approved as shown with the inclusion of the reduced buffer between the C-C and R-15 zoning districts as approved by City Council. shall be revised as fellows r-to s„bmitW ofthe total � eet-6 �uFay:iiar e�ecmia number-vft-voos perUPCl �-r2); 7 TDG 1 1 7G_3E-. b. Revise the!a-adseape plans to add a 5 feet wide!aadseape buffer-along both sides a the pathways leea4ed along the perimeter-of the site(ifieluding the multi use Page 45 Page 167 Item#8. e. Show the r-e"ir-ed 25 feet!a-adseape buffer-between the C C zening distfiet and the Getffleil waiver. . , shall be revised as fellows a4 least 10 days prior-to t4e City Geuneil heafing: a. Add additional afea ef a seeenda-ty field mater-ial to all residential structures to help er-eate more unique buildings; O b. Cf:ea4e a4 least two (2)mor-e design palet4es for-the proposed detaehed units fE) ifieltide at the least diff-er-ent eeler-palettes and field material eembinatiens, 6. The Appheant shall revise all appr-epr-i4e plans to eemply with the following ehanges to site layout.,t least for (1 m days prior-t the Ci4y r,,, nei he -ing: a. Remove the detaehed units ftem aleng Pine ; b. Remove the singtilaf iinit leeated within the labeled"Area 3" E)f the epen spaee exhibit,near-the no ftl west eomer- f site-, along Pine A-ventie; .,long N. Ten Mile Road; ..,to additional...fkifig tl.,t: neededt tL o � seffth side of the building to add to the buffer-a4ong the fail-fead—*_ aeeemmedate—adequate building sepur-Mie sefvieelines; a*l 7. At least ten(10) days prior-to the City Couneil hearing,the AppReant shall obtain Publie Mlor-lis approval of their-utility plan to ensu I . . ins required to the over-all site design ean be analyzed by Planning Staff for-eompliftnee with the UDC. 8. Future development shall be consistent with the minimum dimensional standards listed in UDC Table 11-2A-7,UDC Table 11-2B-3, and those listed in the specific use standards for multi-family development,UDC 11-4-3-27. 9. Off-street parking is required to be provided in accord with the standards listed in UDC Table 11-3C-6 for multi-family dwellings based on the number of bedrooms per unit. 10. With the Final Plat submittal,the Applicant shall correct the applicable plans to show all pedestrian crossings as raised crossings and show the main pedestrian sidewalks that traverse through the development to be constructed with pavers or colored and stamped concrete(or equal)to further delineate the pedestrian pathways. !I. At least ten(10) days prior-to the City Geeneil hearing,the Applieat4 shall revise the fieAheas!pei4ian of the site a*d submit the r-elevafft revised pla-as to Pla+ming Staff, The operate safely for-beth pedestfians and vehieles. 12. The Applicant shall comply with all ACHD conditions of approval. Page 46 Page 168 Item#8. 13. The Applicant shall obtain Administrative Design Review approval for the future commercial buildings with the submittal of the Certificate of Zoning Compliance for the each commercial site. 14. The Applieat#shall provide eeneeptual elevations for-the pr-OpOsed e0fflffler-eial bUildings-at least ten(10) days prior-to the City Couneil hear-ing. 15. The Applicant shall obtain Certificate of Zoning Compliance approval for the extir-e applicable(within the R-15 and C-C zoning districts)portion of the subject site prior to applying for any building permit in either zoning district. 16. Comply with the outdoor service and equipment area standards as set forth in UDC 11-3A- 12. 17. Provide a pressurized irrigation system consistent with the standards as set forth in UDC 1I- 3A-15,UDC 11-3B-6 and MCC 9-1-28. 18. At least ten(10)days prior to the City Council hearing,the Applicant shall submit a parking plan for the proposed development to better show the proposed parking following any revisions made to accommodate Public Works easement requirements. 19. Upon completion of the landscape installation, a written Certificate of Completion shall be submitted to the Planning Division verifying all landscape improvements are in substantial compliance with the approved landscape plan as set forth in UDC 11-3B-14. 20. The applicant and/or assigns shall comply with the private street standards as set forth in UDC 11-3F-3 and 11-317-4. 21. The conditional use approval shall become null and void unless otherwise approved by the City if the applicant fails to 1)commence the use, satisfy the requirements,acquire building permits and commence construction within two years as set forth in UDC 11-5B-6F.1; or 2) obtain approval of a time extension as set forth in UDC 11-5B-6F.4. 22. The preliminary plat approval shall become null and void if the applicant fails to either: 1) obtain the City Engineer signature on a final plat within two years of the date of the approved findings; or 2)obtain approval of a time extension as set forth in UDC 11-6B-7. 23. Prior to issuance of Certificate of Occupancy on any building,the applicant shall submit a public access easement for the multi-use pathway along the southern boundary of the site to the Planning Division for approval by City Council and subsequent recordation. 24. Business hours of operation within the C-C zoning district shall be limited from 6 am to 11 pm as set forth in UDC 11-2B-3A.4. 25. Any drive-thru establishment use shall require Conditional Use Permit approval in accord with UDC 11-4-3-11. B. PUBLIC Wogs 1. Site Specific Conditions of Approval 1.1 Provide sanitary sewer to-and-through to 3515 W. Pine Ave and 3513 W Pine Ave. 1.2 Light poles cannot be located inside utility easement. 1.3 In multiple areas it looks like the sewer and storm drain lines are too close together. Please provide 4 ft separation between center of storm drain and sewer. This enables repair/replacement of manholes and sewer lines in the future. Page 47 Page 169 Item#8. 1.4 The water main in Pine Ave needs to be extended east and tied into the existing 12"near Ten Mile. Also,the water main in Pine Ave needs to be extended west to the west property boundary. This will fulfill the to-and-through requirement. 1.5 The water main in W. Little Lane needs to be extended to the west property line. 1.6 Install water main in N. Side Creek Lane and stub at the property line to provide a future connection to the west parcel. 1.7 End the water main in N. Rangeview Lane(at the southeast corner of development)in a fire hydrant. 1.8 There is an existing water main stub to this property off of Ten Mile at the southeast corner of the development that either needs to be used or abandoned. 1.9 Sanitary sewer mainlines are not allowed within common drives, only sewer services (reminder that a maximum of three services are allowed into a manhole,with a minimum 30- degrees of angle separation). 1.10 All sanitary sewer and water easement areas must remain free of any permanent structures, trees,brush, or perennial shrubs or flowers within the area described for the easement. 1.11 Sanitary sewer and water service lines cannot run under carports. 1.12 Minimum distance between service lines must be maintained, 6-feet between potable/non- potable service lines, 5-feet between each sewer stub off the mainline. 1.13 Any sewer service lines greater than 100-feet will need cleanouts that are accessible for cleaning; contact plumbing inspector for specific details. 1.14 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 future installation agreement is required for the streetlights on Pine Avenue and Ten Mile Road. Contact the Meridian Transportation and Utility Coordinator for additional information. 2. General Conditions of Approval 2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department,and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.3 The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A) and an 81/2"x 11"map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this Page 48 Page 170 Item#8. document. All easements must be submitted,reviewed, and approved prior to development plan approval. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized,the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways,intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. hi performing such work,the applicant shall comply with Idaho Code 42- 1207 and any other applicable law or regulation. 2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at(208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at(208)334-2190. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. 2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated,road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be r-eeer-ded Up oved,prior to applying for building permits. 2.10 A letter of credit or cash surety in the amount of 110%will be required for all uncompleted fencing,landscaping,amenities,etc.,prior to signature on the final plat. 2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process,prior to the issuance of a plan approval letter. 2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. Page 49 Page 171 Item#8. 2.18 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.20 At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.21 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public—works.aspx?id=272. 2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit,cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. C. FIRE DEPARTMENT https:llweblink.meridiancily.orglWebLinkIDocView.aspx?id=215786&dbid=0&redo=MeridianC ky D. POLICE DEPARTMENT https:llweblink.meridiancily.orglWebLinkIDocView.aspx?id=216635&dbid=0&redo=MeridianC ity E. PARK'S DEPARTMENT https:llweblink.meridiancily.orglWebLinkIDocView.aspx?id=217427&dbid=0&redo=MeridianC hty F. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO(COMPASS) https:llweblink.meridiancily.orglWebLinkIDocView.aVx?id=216793&dbid=0&repo=MeridianC ky Page 50 Page 172 Item#8. G. ADA COUNTY DEVELOPMENT SERVICES https:llweblink.meridianciU.org/WebLink/DocView.aspx?id=215839&dbid=0&r0o=MeridianC iv H. CENTRAL DISTRICT HEALTH DEPARTMENT(CDH) https:llweblink.meridianciU.or,g/WebLink/Doc View.aspx?id=215845&dbid=0&r0o=MeridianC hty I. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https:llweblink.meridiancily.org/WebLink/Doc View.aspx?id=216377&dbid=0&repo=MeridianC hty J. ADA COUNTY HIGHWAY DISTRICT(ACHD) https:llweblink.meridiancily.org/WebLink/DocView.aspx?id=217317&dbid=0&repo=MeridianC hty K. COMMUNITY DEVELOPMENT SCHOOL IMPACT TABLE https:llweblink.meridiancily.org/WebLink/Doc View.aspx?id=216462&dbid=0&repo=MeridianC i &cr--1 L. DEDICATION AND DEVELOPMENT AGREEMENT—BARON&VIPER https:llweblink.meridiancily.orglWebLinkIDocView.aspx?id=218118&dbid=0&repo=MeridianC iv IX. FINDINGS A. Annexation and/or Rezone(UDC 11-513-3E) Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall,at the public hearing,review the application.In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; Council finds the proposed zoning map amendment to annex the property into the City of Meridian with R-15 and C-C zoning districts and subsequent development is consistent with the Comprehensive Plan, if all conditions of approval are met. 2. The map amendment complies with the regulations outlined for the proposed districts, specifically the purpose statement; Council finds the proposed zoning map amendment and request for the development of multi- family residential will contribute to the range of housing opportunities available within the City and within this area. Commission finds the proposed addition of commercial within the development is generally consistent with the purpose statement of the commercial district and consistent with the future land use designation of Mixed-Use Community. 3. The map amendment shall not be materially detrimental to the public health,safety, and welfare; Page 51 Page 173 Item#8. Council finds the proposed zoning map amendment should not be detrimental to the public health, safety and welfare. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and Council finds the proposed zoning map amendment will not result in an adverse impact on the delivery of services by any political subdivision providing public services within the City. 5. The annexation(as applicable)is in the best interest of city. Because of the unique housing type proposed, the proposed addition of more commercial zoning, and the construction of a needed road extension, Council finds the annexation is in the best interest of the City. B. Preliminary Plat Findings: In consideration of a preliminary plat,combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; Council finds that the proposed plat, with Staffs recommendations, is in substantial compliance with the adopted Comprehensive Plan in regard to land use, density, transportation, and pedestrian connectivity. (Please see Comprehensive Plan Policies in, Section V of this report for more information) 2. Public services are available or can be made available and are adequate to accommodate the proposed development; Council finds that public services will be provided to the subject property with development. (See Section VIII of the Staff Report for more details from public service providers) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, 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; Council finds there is public financial capability of supporting services for the proposed development based upon comments from the public service providers(i.e.,Police,Fire,ACHD, etc). (See Section VII for more information) 5. The development will not be detrimental to the public health, safety or general welfare; and, Council is not aware of any health, safety, or environmental problems associated with the platting of this property. ACHD considers road safety issues in their analysis but has not provided comments at this time. 6. The development preserves significant natural,scenic or historic features. Council is unaware of any significant natural, scenic or historic features that exist on this site that require preserving. Page 52 Page 174 Item#8. C. Conditional Use Permit Findings: The commission shall base its determination on the conditional use permit request upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. Council finds that the submitted conditional use plat appears to meet all dimensional and development regulations in the R-15 zoning district in which it resides. 2. That the proposed use will be harmonious with the Meridian comprehensive plan and in accord with the requirements of this title. Council finds the proposed use of multi family residential and commercial are harmonious with the comprehensive plan designation of Mixed-Use Community and the requirements of this title. 3. That the design,construction,operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. Despite the proposed use being different than the residential uses closest to the subject site, Council finds the design, construction, and proposed operation and maintenance will be compatible with other uses in the general neighborhood and should not adversely change the essential character of the same area. 4. That the proposed use,if it complies with all conditions of the approval imposed,will not adversely affect other property in the vicinity. Council finds the proposed use, if it complies with all conditions of approval imposed, will not adversely affect other property in the vicinity. 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets,schools,parks,police and fire protection,drainage structures,refuse disposal,water,and sewer. Council finds the proposed use will be served adequately by essential public facilities and services as all services are readily available, the nearby arterial street is widened to its full width, and the Applicant is required to construct a new public road extension to accommodate additional traffic flow. 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. All public facilities and services are readily available for the subject site so Council finds that the proposed use will not be detrimental to the economic welfare of the community or create excessive additional costs for public facilities and services. Page 53 Page 175 Item#8. 7. That the proposed use will not involve activities or processes,materials,equipment and conditions of operation that will be detrimental to any persons,property or the general welfare by reason of excessive production of traffic,noise,smoke,fumes,glare or odors. Although traffic will likely increase in the vicinity with the proposed use, all major roadways adjacent to the site are already at their full width and the Applicant is required to extend Pine Avenue as a collector street adjacent to their site. Therefore, Council finds the proposed use will not be detrimental to any persons,property, or the general welfare. 8. That the proposed use will not result in the destruction,loss or damage of a natural, scenic or historic feature considered to be of major importance. (Ord. 05-1170,8-30- 2005,eff. 9-15-2005) Council is not aware of any such features; the proposed use should not result in damage of any such features. D. Private Street Findings: 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 Director finds that the proposed private street design meets the requirements. 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 The Director finds that the proposed private streets would not cause damage, hazard, or nuisance, or other detriment to persons,property, or uses in the vicinity if all conditions of approval are met. 3. The use and location of the private street shall not conflict with the comprehensive plan and/or the regional transportation plan. (Ord. 05-1170,8-30-2005,eff.9-15-2005) The Director finds the use and location of the private streets do not conflict with the comprehensive plan or the regional transportation plan because the proposed design meets all requirements. 4. The proposed residential development(if applicable)is a mew or gated development. (Ord. 10-1463, 11-3-2010,eff. 11-8-2010) N/A Page 54 Page 176 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Tetherow Crossing Subdivision (H- 2020-0112) by Hayden Homes Idaho, LLC, Located Northeast of N. Linder Rd and W. Ustick Rd. Page 177 Item#9. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI N AND DECISION&ORDER a In the Matter of the Request for Annexation of 7.58 Acres of Land with an R-8 Zoning District; and Preliminary Plat Consisting of Forty-Six(46)Buildable Lots and Eight(8)Common Lots for Tetherow Crossing Subdivision,Tim Mokwa,Hayden Homes. Case No(s).H-2020-0112 For the City Council Hearing Date of: February 9,2021 (Findings on February 23, 2021) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of February 9,2021, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of February 9, 2021, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of February 9, 2021, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of February 9, 2021, 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 as Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019,Resolution No. 19-2179 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. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(TETHEROW CROSSING—FILE H-2020-0112) - I - Page 178 Item#9. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of February 9,2021, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for annexation,zoning to R-8 and preliminary plat for 46 buildable lots is hereby approved per the conditions of approval in the Staff Report for the hearing date of February 9,2021,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 11-613-7A). 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 I 1-613-713). 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 1I- 6B-7C). Notice of Conditional Use Permit Duration Please take notice that the conditional use permit,when granted, shall be valid for a maximum period of two(2)years unless otherwise approved by the City. During this time,the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting,the final plat must be signed by the City Engineer within this two(2)year period. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-5B-6.G.1,the Director may authorize a single extension of the time to commence the use not to exceed one(1)two (2)year period. Additional time extensions up to two(2)years as FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(TETHEROW CROSSING—FILE H-2020-0112) -2- Page 179 Item#9. 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 11-513-617). 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. 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 February 9,2021 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(TETHEROW CROSSING—FILE H-2020-0112) -3- Page 180 Item#9. By action of the City Council at its regular meeting held on the 23rd day of February 2021 COUNCIL PRESIDENT TREG BERNT VOTED COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED COUNCIL MEMBER JESSICA PERREAULT VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER LIZ STRADER VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison 2-23-2021 Attest: Chris Johnson 2-23-2021 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 2-23-2021 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(TETHEROW CROSSING—FILE H-2020-0112) -4- Page 181 EXH I BIT A STAFF REPORT E IDIANn-=- COMMUNITY DEVELOPMENT DEPARTMENT A H O HEARING 2/9/2021 Legend � DATE: TO: Mayor&City Council FROM: Alan Tiefenbach �+ 208-884-5533 ---- Bruce Freckleton,Development Services Manager 208-887-2211 ' MMI SUBJECT: AZ,PP H-2020-0112 Tetherow Crossing Subdivision LOCATION: The site is located northeast of N. Linder Rd and W.Ustick Rd I. PROJECT DESCRIPTION Annexation,zoning from Ada County RUT to R-8,and preliminary plat to allow 46 building lots and 8 common lots on 7.58 acres of land. II. SUMMARY OF REPORT A. Project Summary Description Details Acreage 7.58 Future Land Use Designation Medium Density Residential 8-12 du/acre Existing Land Use(s) Vacant Proposed Land Use(s) Single Family Residential Lots(#and type;bldg./common) 46 building lots,8 common lots Phasing Plan(#of phases) 1 phase Number of Residential Units(type 46 of units) Density(gross&net) 6.07 Open Space(acres,total 15.12%total, 13.46%qualified open space.This includes [%]/buffer/qualified) '/2 of 5,134 sq. ft. of buffers. Amenities 33,457 sq. ft. open space with playground,trash,and pet station. Physical Features(waterways, A ditch parallels the property on the east perimeter. hazards,flood plain,hillside) Neighborhood meeting date;#of October 15,2020—4 attendees attendees: History(previous approvals) There was a previous proposal to annex and rezone to R-8 to allow 35 single family lots in 2006.This was Page 1 Page 182 Item#9. Description Details subsequently denied by the Council(AZ PP H-06-030). Significant reason was listed as"piecemeal development." At the present,City property has been annexed south,east, and west of the property. B. Community Metrics Description Details Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD No Commission Action es/no Access(Arterial/Collectors/State Direct access from W.Ustick Rd. Hwy/Local)(Existing and Proposed) Traffic Level of Service Greater than E Stub Street/Interconnectivity/Cross 5 points of access—3 stubs,one southern connection to W. Access Ustick Rd and eastern connection to W.Woodpine St. Existing Road Network No existing internal streets,W.Woodpine St.to the east and W.Ustick Rd to the south are existing. Existing Arterial Sidewalks/ W.Ustick improved with 5 lanes,bike lanes,curb,gutter Buffers and 5-foot detached sidewalk. Proposed Road Improvements Applicant will construct all internal roads to 33' in width. Distance to nearest City Park(+ .5 mile to Settler's Park,a 60-acre Regional Park. size) Distance to other key services Fire Service • Distance to Fire Station 1.7 miles to Fire Station 2 • Fire Response Time <5 minutes • Resource Reliability 85% • Risk Identification 2,resources are adequate • Accessibility Yes • Special/resource needs Aerial device will be required • Water Supply 1,000 gpm required • Other Resources None Police Service—No Comments • Distance to Police Station 4 Miles Ada County Schools Impacted Schools Hunter ES— 1.6 Miles Sawtooth MS—.5 Miles Rocky Mountain HS— 1.6 Miles Capacity of Schools Hunter ES—675 Sawtooth MS— 1,000 Rocky Mountain HS— 1,800 #of Students Enrolled Hunter ES—504 Sawtooth MS—905 Rocky Mountain HS—2,412 Estimated#of students generated by development Hunter ES— 15 Sawtooth MS—8 Roe Mountain HS— 10 Page 2 Page 183 Item#9. Wastewater • Distance to Sewer N/A Services • Sewer Shed Five Mile Trunkshed • Estimated Project Sewer See application ERU's • WRRF Declining Balance 14 • Project Consistent with • Additional 88 gpd committed to model WW Master Plan/Facility • Piping coming in/out of SSMH#2 needs to have a Plan minimum angle of 90 degrees. • Since property to the north is not a phase of this project Road number 4 sewer line needs to end in a manhole at the northern end. Water • Distance to Water Services 0 • Pressure Zone 2 • Estimated Project Water See application ERU's • Water Quality No concerns • Project Consistent with Yes ■ Water Master Plan • Impacts/Concerns Water connection to the west must line up with layout of Edington Commons Project Area Maps Future Land Use Map Aerial Map Legend + IO1 0 Legend + - P—o Lccnfar Pao Lcca or% f f rV EEF- `R k i0 i 9 IU D$ '! Si entia�l - Page 3 Page 184 Item#9. Zoning Map Planned Development Map Legend # WEEWe 0 Legend UProlec Lflcfl-Gon RM11:11H Fmc*-c 4 Luca ion -4l R-4 — Noer+ed Farce{s RUT UT _ E -N i 1 C RUST f UT -- RUT 2 R, ; _ RUT r iERNE R UT - � RUT ® Rr `` Applicant Information A. Applicant Representative: Hayden Homes Idaho,LLC— 1406 N.Main St. Ste 114,Meridian,ID 83642 B. Owner: Dennis Creek—770 E. Clear Creek Dr,Meridian,ID 83646 III. NOTICING Planning&Zoning City Council Posting Date Posting Date Newspaper Notification 1/22/2021 Radius notification mailed to properties within 300 feet 1/19/2021 Nextdoor posting 1/19/2021 Sign Posting 1/25/2021 Page 4 Page 185 Item#9. IV. STAFF ANALYSIS A. Annexation: The proposed annexation area is contiguous to City annexed property and is within the Area of City Impact Boundary. To ensure the site develops as proposed by the applicant, staff is recommending a development agreement as part of the annexation approval. B. Future Land Use Map Designation(hgps://www.meridiancity.org/compplan) This property is designated Medium Density Residential on the City's Future Land Use Map (FLUM)contained in the Comprehensive Plan. This designation allows for dwelling units at gross densities of three to eight dwelling units per acre. Density bonuses may be considered with the provision of additional public amenities such as a park, school, or land dedicated for public services. The annexation area is near existing public services and is surrounded on three sides by the City limits. The proposed land use of single family residential is consistent with the recommended uses in the FLUM designation. The proposed project has a gross density of 6.07 du/ac, meeting the required density range listed above. Therefore, Staff finds the proposed preliminary plat and requested R-8 zoning district to be generally consistent with the Future Land Use Map designation of Medium Density Residential. The City may require a development agreement(DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. In order to ensure the site develops as proposed with this application, staff recommends a DA as a provision of annexation with the provisions included in Section IX.A. The DA is required to be signed by the property owner(s)/developer and returned to the City within 6 months of the Council granting the annexation for approval by City Council and subsequent recordation. C. Comprehensive Plan Policies(https://www.meridiancity.or /g compplan): • Encourage a variety of housing types that meet the needs,preferences, and financial capabilities of Meridian's present and future residents. (2.01.02D) The proposed single-family detached homes will contribute to the variety of residential categories in the City; however, there is no variety in housing types proposed within the development. There are other housing types, multi family and attached single-family within the subject square mile. The FLUM recommends densities of between 3 and 8 dwelling units per acre. Given this density recommendation, likely any resulting housing would be single-family. • With new subdivision plats,require the design and construction of pathway connections, easy pedestrian and bicycle access to parks, safe routes to schools, and the incorporation of usable open space with quality amenities."(2.02.01A) The proposed plat depicts 5'sidewalks on both sides of all local roads. A 33,457 sq.ft. open space with playground and seating area is toward the center of the development. A 5'wide pathway connects from the primary internal north—south street(NW 13rh St) across this open space and connects to an existing pathway which runs along a ditch to the east. This pathway is shown to connect to a future pathway to the north of the property that provides access to Sawtooth Middle School. There is also a micro pathway across a common lot connecting to the vacant commercial property to the west. There are multi-modal routes proposed both to the development and within the development. Page 5 Page 186 Item#9. • "Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity."(2.02.01D) Attached sidewalks are proposed on both side of all streets. Sidewalks will be completed to the terminus of all stub streets which would connect to any future development.As mentioned, there is a walkway which connects to a pathway along the existing ditch pathway to the east, and another pathway which stubs to any future development to the west. "Permit new development only where it can be adequately served by critical public facilities and urban services at the time of final approval, and in accord with any adopted levels of service for public facilities and services."(3.03.03F) Water will be provided from a connection which is available at each end of W. Woodpine St. Water will be stubbed to the vacant parcel located to the southwest of the site. Sewer will be extended from an existing sewer stub located within the W. Woodpine St.and from an existing gravity sewer located in W. Ustick Rd. • Ensure that new development within existing residential neighborhoods is cohesive and complementary in design and construction. (2.02.02F) To the northwest of the subject property is Edington Commons, a subdivision of 92 lots averaging 3,700 sq.ft and zoned R-1 S (single-family attached and detached)which was approved in November 2020. To the east of the property is the Woodburn West Subdivision, zoned R-8 with lot sizes in the 5,000—6,000 sq.ft. range. The property southwest of the subject property is zoned C-C(recommended for Mixed Use Community) and was proposed for townhouses in 2018 but was subsequently withdrawn. This development proposes architecture consisting of one-and two-story homes with pitched roofs, stone bases and/or lap siding with gabled roofs and dormers comparable to what has been approved with the Edington Commons Subdivision to the west. Staff believes the proposed average of lot size of 4,000 sq.ft would provide an appropriate transition from the 6,000 sq.ft. lots to the east(Woodburn West), the 3,700 sq.ft. lots to the west(Edington Commons)and the property at the northeast corner of W. Ustick Rd. and W. Linder Rd which is recommended for Mixed Use Community(meaning higher density and commercial uses could be appropriate). In order to ensure compatibility and quality of design with existing and approved residential uses surrounding the property, staff recommends a condition that rear and/or sides of 2-story structures on Lots 15-22 of Block 3 and 2-3 of Block 4 that face W. Ustick Rd. incorporate articulation through changes in two or more of the following:modulation (e.g.projections, recesses,step-backs,pop-outs), bays, banding,porches, balconies, material types, or other integrated architectural elements to break up monotonous wall planes and roof lines. Single-story structures are exempt from this requirement. Planning approval will be required at time of building permit. • Reduce the number of existing access points onto arterial streets by using methods such as cross-access agreements, access management, and frontage/backage roads,and promoting local and collector street connectivity. (6.01.02B) The proposal includes five points of access. Three of these are local stub streets, with two connections to existing streets-one of which is W. Ustick Rd, an arterial. An access from W. Ustick Rd to this property already exists via Llama Ln. This proposal would eliminate Llama Ln. and create a new public street, NW 12`h Dr which will align with existing NW 12`h Dr. on the opposite side of W. Ustick Rd. (to the south). ACHD supports this as the road alignment Page 6 Page 187 Item#9. would be better than what exists, and there would be slightly better intersection separation from the intersection off. Linder Rd. and W. Ustick Rd. (See Access, Section G below for more information). D. Existing Structures/Site Improvements: The property is presently vacant. E. Proposed Use Analysis: Single-family detached dwellings are listed as a principal permitted use in the R-8 zoning districts in UDC Table 11-2A-2. F. Dimensional Standards(UDC 11-2): The preliminary plat and future development is required to comply with the dimensional standards listed in UDC Table 11-2A-6 for the R-8 district.All lots proposed meet the minimum 4,000 sq. ft.requirements,and future structures should comply with the minimum setbacks of the district. UDC 11-6C-3-regulates block lengths for residential subdivisions. Staff has reviewed the submitted plat for conformance with these regulations. The intent of this section of code is to ensure block lengths do not exceed 750 feet, although there is the allowance of an increase in block length to 1000 feet if a pedestrian connection is provided. The longest block length(Lots 2- 12,Block 3)is 440 feet. All proposed lots and public streets appear to meet UDC dimensional standards per the submitted preliminary plat. This includes property sizes,required street frontages of at least 40', and required road widths.Development of the subdivision is required to comply with the subdivision design and improvement standards listed in UDC 11-6C-3, including but not limited to streets, common driveways and block face. One common driveway is proposed with this subdivision. The applicant has provided a common drive exhibit which demonstrates 3 units are served whereas a maximum of 6 units are allowed. The common driveway meets the minimum width of 20' and does not exceed the maximum length of 150'. Solid fencing adjacent to common driveways is prohibited,unless separated by a minimum five-foot wide landscaped buffer. The landscape plan does reflect a 5' wide buffer to the north separating the common driveway from a 4' high solid vinyl fence with 2' lattice top. North of this fence is an approximately 18' wide common lot containing a pathway to the west. G. Access(UDC 11-3A-3, 11-3H-4): This development proposes five points of access. Two points of access are to existing streets. There will be a connection to existing W.Woodpine St.which serves the Woodburn West Subdivision to the east,and there will be a connection to W. Ustick Rd(arterial)to the south. Access from W. Ustick Rd presently occurs via N. Llama Ln,which runs north-south. This proposal would eliminate N. Llama Ln. and construct a new north-south road slightly to the east which would align with existing NW 12'Dr. on the south side of W. Ustick Rd.Although the new access for NW 12'Dr.will not meet ACHD spacing requirements of 1,320 ft. from the N. Linder Rd./W. Ustick Rd. intersection,ACHD supports an exception from this policy. This is because the new road would align with an existing one,and the distance from the intersection is slightly more than what is existing. All internal roads in this development are proposed to be built to ACHD standards with 33-foot wide local street sections with curb, gutter, and 5-foot wide Page 7 Page 188 Item#9. concrete attached sidewalks. W. Ustick Road is already improved with 5-travel lanes,bike lanes, vertical curb,gutter,and 5-foot wide detached concrete sidewalk abutting the site. Three internal stubs are proposed. One stub is proposed to the north to unincorporated vacant property, one stub is proposed to the west to connect to W. Woodpine St. in Edington Commons (final plat approved Nov 4,2020),and a third stub is proposed to the east(existing single-family home and telecommunications equipment which will likely redevelop in the future). The preliminary plat reflects an access easement across to a northern property which is not part of this subdivision, and notes it is unknown whether or not this access easement is granted or recorded.As this northern property is essentially landlocked, as a condition of approval, staff recommends that prior to signature of the City Engineer on the final plat,a new temporary access easement be granted to this property until such time as W.Woodpine St. and N. Llama Way is constructed to the property and dedicated as public right-of-way. ACHD has reviewed this proposal,notes it will generate 434 vehicle trips per day,and supports it as proposed. ACHD requested a note to the plat prohibiting direct access to W. Ustick Rd,which has been added. H. Parking(UDC 11-3C): Off-street parking is required to be provided in accord with the standards listed in UDC Table 1I- 3C-6 for single-family detached dwellings based on the number of bedrooms per unit. Future development should comply with these standards. The preliminary plat reflects an additional 30 on-street parking spaces. These would not be used in the calculations for required parking. I. Pathways ( UDC 11-3A-8): Three micro-pathways are reflected on the landscape plan.A 110' micro-pathway is proposed from the internal road to the C-C zoned property to the west.,and there are two micro-pathways connecting from the central park amenity(Lot 1,Block 6)to an existing pathway along a ditch to the east. The ditch pathway is shown to connect to a future east-west regional pathway to the north. All proposed pathways meet UDC 11-3A-8 with at least 15' wide easements(or common lots), at least 5' of landscaping on either side,and one tree per 100 linear feet. Fencing along these micro-pathways is shown to be 4' solid vinyl with 2' lattice open top. I Sidewalks(UDC I1-3A-17): Five-foot attached sidewalks are proposed along internal streets in accord with the standards listed in UDC 11-3A-17. K. Parkways (UDC 11-3A-17): No parkways are proposed with this development. L. Landscaping(UDC 11-3B): The landscape plan reflects 15.12%of total open space. This includes several small landscaped areas on either side of the N. Llama Way stub,25' buffer along W. Ustick Rd, several pathway common lots, a central open space, and landscaping at the northeast side of the property adjacent to the ditch. UDC 11-3B-7 requires street buffers with detached sidewalks to be measured from back of curb. As measured from back of curb,approximately 13' of the required 25' landscape buffer along W. Ustick Rd is located within ACHD right-of-way. Per UDC 11-3B-7-05,the applicant shall be Page 8 Page 189 Item#9. required to obtain a license agreement with ACHD prior to City Engineer signature on the final plat. There are existing trees that meet the requirements for preservation or mitigation,particularly in the vicinity of the ditch at the northeast portion of the property. The City Arborist has noted he has had preliminary discussions with the applicant regarding which trees should be preserved versus may be removed, although staff as of yet has not received a tree mitigation plan. This will be required with the final plat. M. Qualified Open Space (UDC 11-3G): 13.46%of qualified common open space is proposed. This includes a 33,457 sq. ft. central park feature(Lot 1,Block 6), '/2 of the 25-foot-wide buffer along W. Ustick Rd., a 3,867 sq. ft.pet amenity and seating area(Lot 1,Block 3) and a 1,970 sq. ft.pathway common lot(Lot 13 Block 3). N. Qualified Site Amenities (UDC 11-3G): Based on the area of the proposed plat(7.58 acres),a minimum of one(1)qualified site amenity is required to be provided per the standards listed in UDC 11-3G-3. The applicant proposes a 33,457 sq. ft. central park with a playground and two pathway connections. This meets the requirement for a minimum of 50' x 100' to be credited as qualified open space, a recreation amenity(playground),and the additional 20,000 sq. ft.required to be credited as an additional amenity. The central park exceeds the minimum landscape requirements of one deciduous shade tree per eight thousand(8,000) square feet and lawn. It also contains two pathways that connect to an existing pathway along an existing ditch, and these two pathways are landscaped with at least 5' landscaping on either side and 1 tree per 100 linear feet. Because the pathways meet the landscaping requirements, are not required sidewalks and connect to existing pedestrian and bicycle routes outside of the development(pathway along the ditch),these pathways would be also be considered an amenity. The proposal exceeds the requirements of UDC 11-3G-3 and is a located in an appropriate location taking advantage of being central to the development and adjacent to an existing ditch and pathway. O. Waterways(UDC 11-3A-6): A ditch is adjacent to the property at the NE. This ditch will need to be piped per UDC 11-3A-6. P. Fencing(UDC 11-3A-6, 11-3A-7): The landscape plan reflects existing fencing along the northwestern perimeter of the property. New 6' solid vinyl fencing is proposed along most of the remaining perimeter of the property. 6' vinyl lattice top fencing is proposed along both sides of pathway Common Lot 13, Block 3,most of the periphery of Central Park Lot 1,Block 6 except for the eastern portion adjacent to the ditch, and Common Lot 1,Block 3 (the dog station). The fencing appears to meet the requirements of 11-3A-6 and 11-3A-7. Q. Utilities (UDC 11-3A-21): Water is available from W.Woodpine St. Sewer is available from W. Woodpine St. and from a main in W. Ustick Rd. Water and sewer will be stubbed to the vacant property located to the southwest. Pressure irrigation will serve all lots. The system will be owned and operated by the homeowner's association. Surface water is delivered to the site at the southeast corner of the property along W. Ustick Rd. Page 9 Page 190 Item#9. R. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): The Applicant has submitted sample elevations of the single-family homes for this project(see Section VI.F below). The single-family homes are depicted as two-story structures with two-car garages, and a variety of architectural elements and finish materials including gabled roofs,dormers, stone wainscoting, lap siding, exposed timber,and scalloped wood shingles. The submitted sample elevations appear to meet design requirements for single-family homes but do not include elevations of the sides or rears of structures. As noted in the Comprehensive Plan section, some of the houses will be very visible from W. Ustick Rd. Therefore, staff recommends a condition that the rear and/or sides of 2-story structures on Lots 15-22 of Block 3 and 2-3 of Block 4 that face W. Ustick Rd. incorporate articulation through changes in two or more of the following: modulation(e.g. projections,recesses, step- backs,pop-outs),bays,banding,porches,balconies,material types, or other integrated architectural elements to break up monotonous wall planes and roof lines. Single-story structures are exempt from this requirement. Planning approval will be required at time of building permit. V. DECISION A. Staff: Staff recommends approval of the requested annexation, zoning and preliminary plat with the conditions noted in Section VII.per the Findings in Section VIII. B. The Meridian Planning&Zoning Commission heard this item on January 7,2021.At the public hearing.the Commission moved to approve the subject annexation and preliminary plat request. 1. Summary of the Commission public hearing: a. In favor: Tim Mokwa,Ross Erickson b. In opposition:None C. Commenting: Tim Mokwa. d. Written testimony: None e. Staff presenting application: Alan Tiefenbach f. Other Staff commenting on application: Bill Parsons 2. Key issue(s)of public testimony: a. Citizen identified himself as Rick Wagner.the owner of the property directly to the east of the subject property. Expressed concern regarding potential obstructions to the ditch along E. Ustick that he uses for flood irrigation, and the road that is proposed to stub at his property. Requested applicant construct a barrier along the property_ line, such as a fence. 3. Key issue(s)of discussion by Commission. Page 10 Page 191 Item#9. a. The Commission inquired into whether the proposed open space in Lot 1.Block 6 adjacent to the ditch backed directly to existing single family residences, and whether open style fences would be used in this area to preserve visibility. b. The Commission had significant discussion regarding whether access should be provided to the commercial lot at the west and their concerns that if access was not provided,it would further limit commercial viability for this lot. 4. Commission change(s)to Staff recommendation: a. Delete condition lc regarding the temporary easement as this easement has already been recorded. b. Add a requirement to the development agreement requiring Lots 2-5 of Block 2 to be limited to one-story. C. Add a requirement to the development agreement that 6' vinyl fencing shall be installed alone the perimeter of the property from the common area to the north, and the common area to the south to W.Ustick Rd. 5. Outstanding issues for Council: a. The Commission recommended for the Council to discuss cross-access to the commercial property to the west as it had been a significant issue of concern for them. Following the Planning Commission meeting,the applicant scheduled a meeting with ACHD to discuss this issue. ACHD submitted written correspondence that they did not support this connection. That correspondence has been included in the agency comments section below. C. The Meridian City Council heard these items on February 9,2021.At the public hearing.the Council moved to approve the subject annexation,zoning and preliminary plat requests. 1. Summary of the City Council public hearing: a. In favor: Tim Mokwa Ross Erickson b. In opposition: None C. Commenting: Tim Mokwa d. Written testimony:None e. Staff presenting application: Alan Tiefenbach f. Other Staff commenting on application: None 2. Key issue(s)of public testimony:None 3. Key issue(s)of discussion by City Council: a. Council discussed potential connections to the western property and why ACHD would not allow a connection through that property when they allowed a connection through Edington Commons. 4 City Council change(s)to Commission recommendation: None Page 11 Page 192 Item#9. VI. EXHIBITS A. Preliminary Plat(date: 11/9/2020) II I L l R�Tf EF nM 33 c — L r1 � e - e aee5 ¢r{citlocu Ic � 5 WT r-�c5�{rFr-I c y.,w.c�NRhiw l•F 1-.E-.T DE FTR�R•ehNr4il 1 r-CC5 - -TaL� Lt+'a�rr�erre+•+ce�c,ae i _ � y IfA741 B0Yip1� _ I t� i y I _ +} r.+.ar�..-•.i.�..,�.xi ' _. I I ,R-16 � 7. I — s wibl_. I• 3 _ w 4'Uo ors 1711 - Ip I - _,J .� I I I I I F I I I-4I 1 II i I I F - .I �T LIEF #1 - �Y -4 ilFf.i C I 1� I f II • o0o RAbIAOW d aT Fn_o% Page 12 Page 193 Item#9. B. Landscape Plan(date: 11/9/2020) k. E-611M I I 1 11 II 1'+'M1.;�',r�.., =- LOCATION IN 11 4 K.LA Hu!{NL. a~� I �� I s—x �I ti • S I j CON"ARE-- WfAL ILWMP!F _ _ -- 'Y 'I w,•5 *rJ Arr.I TRAP,.PF ... x r'�=• ....,rit ,: l�, 15. #--e• .,.5 ro P,!1snHG TFU S TO .c•• I •5 IL F-' I'll ';;.; + 5 "�_ 1 Ia[?_+ZCNf Tr[71T£11 TILE.AREA TO CC h .illy +-•+11I I"I'C�'�f.1, y Mtht HIV Hi ' I I I1 1 •I: I I I I I ap- f'3R"m m � - � I 1 I.0•41 III:: o[STL.iaiw-r_?rrT•; fir-• '�; •}•_5�4. 6t7FHE MA.THFW-f7-1c lC: _ J-J � �.i =.-� } ��:},.r1 la'T7L•5'_'i , �Ft4G IIS AE hC�. PA n+41AT STS fEH MR -2PUAL hr X TA.4 r.4Mrm q} I- ;'i' [ VALDOX I a J r w ,I ti± i I T . ----- -- -•I III � - ---- i —I ----- 1 i=l I 1 1 4 1111111 1 4 1 I ! ]-3 111 IiS� re I i � I I II I III • I I.II it l'll I I. r I l{ _ yT. I i11 III II � i I -i l� ' • .1 4 I4� I ,r, - 1I �� , ' I III I'•I EH II �xryt✓f L: 1 IYf•nPf. riciuirrll )�} r Ll Page 13 Page 194 Item#9. C. Color Landscape Plan(date: 11/9/2020) b9_,Ih4 Wh5LTAt17K • �a KLwn CAL Im. II. _ C9714ON AREA ' 7CTTA4L NWE!W a TES. III II 3-4 ��--- PE+,5N I8 a-ewwR ti� � ,•,pUA{C1IkF TO PIT: Eli R-RO4 5 mr.AOrA Ta ee �,ay ay-+5 LnTnGd T� 5 F HAL r�A + Rl5gi #rr%T? fill C.Cr MOTM JL I7 ] ] - hEWMRM;�% frTPy ri e-� W.Err+,L - F4+1LOdx PAL3 J } I I I 84 14-4 *eact lr�. I , 1GPPM NY I ' tvtr,6nsls �4�F� I L+�F}YiLJ�PE � +ipµt#rrl � . _ L�'7Yr� �7iT11 I I ---'�IcFEq{f5yyi 3h1� it I - L Page 14 Page 195 Item#9. D. Open Space Exhibit(date: 11/6/2020) TETHEROW CROSSING SUBDIVISION QUALIF I ED OPEN SPACE(11 3C'r3_B.4) ti F-1 QUALiF IED OPEN SPACE(f 1-3G-3-B.1 A; (50' 100'ANDPLAYGROUNDAMENITY) F-1 OLPALIF IED OPEN SPACE MICRO-PATHWAY(11-3G-3.1) F-1 QUALIFIED OPEN SPACE j SEATING, PIETSTAnON AMENITY(11-3C 1 h G%LQU.ikUFIED OPEN SPACE I p- COMMON-SHAFTED DRIVEVVAY BUILDING LOT _ RJOF fT OF WAY Li COMMON tQTS&rLUfFE-RS QUALIFIED QUALIFIED ACTUAL UPEN OPEN AREA SPACIE Sp L5fl C14501T AAEA(SFf HALF OF 25•FOOT W.U5TICK RO.BUfFER(il•31&1 ,4� §,1m luxA 5,1_ PLAYGROUND&OPEN SPACE LOT 1-5[SQ'X 100'141N,� 33,457 100% 33AS7 OPEM SPACE BENCHES,TR4_SN,PET STATI ON—LOT 1-3 -SX7 10n% 1.967 MICRO—PArliWAYSLOri�-3 L970 1CG'A Lvo OPEN SPACE-OTHER NON QUAILIRED 3,057 GPA SHAiifD DRIVEWAYS 2,409 MA TOTAL OPEN SPAtF Aq,Es94 $P 44,429 SF QUAUFit DOPENSPACE Pil01+IDE0: 44A28 13`46� ITOTAI OPEN SPACE PROVIDED: 49,894 5 15-125$ Page 15 Page 196 Item#9. E. Common Driveway Exhibit(date: 11/6/2020) 104 IV Sri •i•• -• 1070 ff .WNf:RFTF TRH. H DAB} •. r:'r*J ,F9� �4 1 '' :. .�,. . .err 1�3• .I .. .�•. . CONCRETE SNARED DRIVEWAY 'S All h {. 4- FRONT• FF f �• "��.� — — FMNT - - I �e41 LDIMG SETBACKS I I-Sul_011-S SETBACKS I L� i I I I I BUILDING SErB, €S I , 16-3 17-3 , - I r.' •F 0:17 F � I : � I I 1 i i-FN (TYR,) 411 Sst. F Page 16 Page 197 Item#9. F. Building Elevations mom Nib Ohl Page 17 Page 198 Item#9. G. Annexation Legal Description and Exhibit. CITY OF MERIDIAN ANNEXATION} TETHEROW CROSSINGSUBDIVISION 1/4 LOCATED IN THE SVV 114 OF THE SVV 114 OF SECTION 36, TAN., R.1W.. B.M. 3s ;s CITY OF MERIDIAN, ADA OOUNY, IDAHO I NW51'54"E 274.59' w 0 PROPOSED ANNEYATI0N i — — 8.12 ACRES �LAhfO nQ ST # C4 o row a 11118 La o b r tv� d of POINT OF BEGIMING _ ;7 23 13_31Ail 1 W. t1 nCK RD, N 88'43'02"W 493,39' m 1/16 F ............ ..... . S38'43'02"E 26s2.34'"kA'S15 4P 9 0jW .... 01 75' 1a0 300 nd. iltin " Land Surveying and DonaUting a37E 51HSI.SME A FOEMAwi i,AXaz C"JZba40 iL4M8-2xxrisx w .WPJW4lr de Page 18 Page 199 Item#9. Legal Descriptyon Proposed Ail-me cation Tetherow Cmssinq Subdivision A parcel being locaLed in the SVV'ld cf the VV'/e of i�Llion 36 TcWnship 4 North. RarEge i West. anise Meridian City of Meridian. Ada County. I-dalto. and more parlickxlarty dQs�:ribad as faIloves. Gommenclrig at a Brass Cap rncnument marking the suuthtWest corner of said Sechop 36. fTum whiah a Brass Cap monument marking the soohth-ast confer ofthe S " of sand Sectlon 36 tears S 155"43'02" E a distance of 2662.34 feet: Thence along tl�e southerly toundary of said SW'l4 S 88'43'07" E a dWarit of 885.$3 feet to the POINT OF BEGINNING, Thence leaving said southerly boundary N Q*172Y E a distance W 48.04 feet to a paint an the northerly righ1t-of--way of W. Ustick Rckmd- Thence continuing N DrI7'23' E a disiapce of 787 24 feet to a point. Thence N 89`51'64" E a distance of 274.59 feetto a point onthewesterly baurldary of Womburn West Subdivision No. 2 as shown to Boom 't I I of Flats on Pages 16040 through 16044, record Df Ada County, Idaha- Thence along said westerly boundary of Woodburn West Subdivision No. 2 the following descril:ed courses; Thence S 14'4542" E a distance of 356,68 ferA to a paint, Thence S 81°01'42" E a d+stanoe of t25 46 feet to a poini; Thence leaving said westerly boundary S 0`02'28"VV a distance of 434.45 feet to a Joint on seitl norfhterly right-af- ay of W Ustick Road: T}ienoe confinuirig 3 0"02'28" W a distance of 48.00 iaet to a paint on the soutlTeriy boundary of the SW%of Vie S Ya of said Section 36: Thence along said southarly boundary N M*43'02"VV a distance of 493.39 feel to the FOfNT OF BEGINNING. This parcel contains t3_12 acten and is subfect to anyr easements ssp,� LA sea existing OT in use. s 7 Clinton b'W_ Hansen, PL3 Land Sol-Mrfs, FCC Ootamr 6, 2020 � x Page 19 Page 200 Item#9. VII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. A Development Agreement(DA)is required as a provision of annexation of this property. Prior to approval of the annexation ordinance, a DA shall be entered into between the City of Meridian,the property owner(s) at the time of annexation ordinance adoption,and the developer. Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting the annexation. The DA shall, at minimum, incorporate the following provisions: a. Future development of this site shall be generally consistent with the preliminary plat,landscape plan and conceptual building elevations for the single-family dwellings included in Section VI and the provisions contained herein. b. The rear and/or sides of 2-story structures on Lots 15-22 of Block 3 and Lots 2- 3 of Block 4 that face W. Ustick Rd. shall incorporate articulation through changes in two or more of the following: modulation(e.g.projections,recesses, step-backs,pop-outs),bays,banding,porches,balconies,material types, or other integrated architectural elements to break up monotonous wall planes and roof lines. Single-story structures are exempt from this requirement. Planning approval will be required at time of building permit. pr-epeAy to the fiei4h. Said easement shall exist u.-Ail sueh 6me as W.Weedpi-ne, St. wad- d. Lots 2-5,Block 2 shall be limited to one story in height. e. A 6' tall privacy fence shall be constructed along the eastern property boundary, except for areas along common open space that must have visibifity per the fencing requirements of UDC 11-3A-7. L That City Council to consider cross-access to the commercial property to the west as it was a large concern for the Planning and Zoning Commission. 2. The Preliminary Plat included in Section VI, dated 11/9/20, is approved as submitted. 3. With final plat submittal,the Landscape Plan included in Section VI, dated 11/9//20, shall be revised to reflect a tree preservation and mitigation plan that is approved by the City Arborist as required per UDC 11-3B-10. 4. The applicant shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC 11-3A-7 and 11-3A-6B,as applicable. 5. The applicant shall comply with all provisions of 11-3A-3 with regard to access to streets. 6. The applicant shall comply with the sidewalk and parkway standards as set forth in UDC 1I- 3A-17. Page 20 Page 201 Item#9. 7. The development shall comply with standards and installation for landscaping as set forth in UDC 11-3B-5 and maintenance thereof as set forth in UDC 11-3B-13. 8. The ditch to the east shall comply with the provisions for irrigation ditches,laterals, canals and/or drainage courses,as set forth in UDC 11-3A-6. 9. Pathway and adjoining fencings and landscaping shall be constructed consistent with the standards as set forth in UDC 11-3A-7A7, 11-3A-8 and 11-3B-12C. 10. The development shall comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to driveways, easements,blocks, street buffers, and mailbox placement. 11. Off-street parking is required to be provided in accord with the standards listed in UDC Table 11-3C-6 for single-family detached dwellings based on the number of bedrooms per unit. 12. The Applicant shall have a maximum of two (2)years to obtain City Engineer's signature on a final plat in accord with UDC 11-6B-7. 13. The Applicant shall comply with all conditions of ACHD. B. PUBLIC WORKS DEPARTMENT Site Specific Conditions of Approval 1. Additional 88 gpd committed to model. 2. Piping coming in/out of SSMH#2 needs to have a minimum angle of 90 degrees. 3. Since property to the north is not a phase of this project Road number 4 sewer line needs to end in a manhole at the northern end. 4. Water connection to the west must line up with layout of Edington Commons 5. The geotechnical investigative report prepared by GeoTek,Inc. indicate some very specific construction considerations. The applicant shall be responsible for the adherence of these recommendations to help ensure that groundwater does not become a problem within crawlspaces of homes. As noted in the Geotechnical Engineering Report, groundwater was encountered in all of the excavated test pits,ranging from 4.8' to 6.9' below ground surface. Particular attention needs to be focused on ensuring that all residences constructed with crawl spaces should be designed in a manner that will inhibit water in crawl spaces. This may include the installation of foundation drains, and the installation of rain gutters and roof drains that will carry storm water at least 10-feet away from all residences. Foundation drains are not allowed to drain into the sanitary sewer system,nor the trench backfill for the sewer and/or water service lines. General Conditions of Approval 6. 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. Page 21 Page 202 Item#9. 7. 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. 8. 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. 9. 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. 10. 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. 11. 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. 12. 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. 13. 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. 14. 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. 15. 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. 16. 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 Page 22 Page 203 Item#9. performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-313. 17. 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. 18. 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. 19. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 20. Developer shall coordinate mailbox locations with the Meridian Post Office. 21. All grading of the site shall be performed in conformance with MCC 11-12-3H. 22. 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. 23. 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. 24. 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. 25. 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. 26. 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. 27. 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. 28. 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 Page 23 Page 204 Item#9. surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. C. MERIDIAN FIRE DEPARTMENT https:llweblink.meridianciU.org/WebLink/DocView.aspx?id=21 7408&dbid=0&repo=MeridianC Lty D. COMMUNITY DEVELOPMENT SCHOOLS REPORT https:llweblink.meridianciU.orglWebLinkIDocView.aspx?id=218948&dbid=0&repo=MeridianC i &cr=1 E. ADA COUNTY DEVELOPMENT SERVICES https:llweblink.meridianciU.orglWebLinkIDocView.aspx?id=217397&dbid=0&repo=MeridianC hty F. ADA COUNTY HIGHWAY DISTRICT (ACHD) https:llweblink.meridiancity.orglWebLinkIDocView.aspx?id=218091&dbid=0&repo=MeridianC G. ACHD COMMENTS ON SHARED ACCESS https://weblink.meridiancity.org/WebLink/DocView.aspx?id=219871&dbid=0&repo=MeridianCi ty H. WEST ADA SCHOOL DISTRICT https:llweblink.meridiancity.orglWebLinkIDocView.aspx?id=218390&dbid=0&repo=MeridianC I. SETTLERS IRRIGATION https:llweblink.meridiancity.orglWebLinkIDocView.aspx?id=217508&dbid=0&repo=MeridianC ky J. NAMPA MERIDIAN IRRIGATION DISTRICT https:llweblink.meridiancity.orglWebLinkIDocView.aspx?id=218520&dbid=0&repo=MeridianC ky VIII. FINDINGS A. ANNEXATION AND/OR REZONE (UDC 11-5B-3E) Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall,at the public hearing,review the application. In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; Council finds annexation of the subject site with an R-8 zoning designation is consistent with the Comprehensive Plan MDR FL UM designation for this property, if the Applicant complies with the provisions in Section VII. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Page 24 Page 205 Item#9. Council finds the lot sizes and layout proposed will be consistent with the purpose statement of the residential districts in that housing opportunities will be provided consistent with the Comprehensive Plan. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Council finds that the proposed zoning map amendment should not be detrimental to the public health, safety, or welfare. Council considered any oral or written testimony that may have been provided when determining this finding. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. 5. The annexation(as applicable)is in the best interest of city Council finds the proposed annexation is in the best interest of the City if the property is developed in accord with the provisions in Section VII. B. PRELIMINARY PLAT(UDC 11-611-6) In consideration of a preliminary plat,combined preliminary and final plat, or short plat,the decision-making body shall make the following findings: (Ord. 05-1170, 8-30-2005, eff. 9-15- 2005) 1. The plat is in conformance with the comprehensive plan and is consistent with this unified development code; (Ord. 08-1372, 7-8-2008, eff. 7-8-2008) Council finds the proposed plat is generally in conformance with the UDC if the Applicant complies with the conditions of approval in Section VII. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; Council finds public services can be made available to the subject property and will be adequate to accommodate the proposed development. 3. The plat is in conformance with scheduled public improvements in accord with the city's capital improvement program; Council finds the proposed plat is in substantial conformance with scheduled public improvements in accord with the City's CIP. 4. There is public financial capability of supporting services for the proposed development; Council finds there is public financial capability of supporting services for the proposed development. 5. The development will not be detrimental to the public health, safety or general welfare; and Council finds the proposed development will not be detrimental to the public health, safety or general welfare. Page 25 Page 206 Item#9. 6. The development preserves significant natural, scenic or historic features. (Ord. 05-1170, 8- 30-2005,eff. 9-15-2005) The applicant will be required to submit a tree mitigation plan that is approved by the City Arborist prior to final plat. Otherwise, Council is unaware of any significant natural, scenic or historic features that need to be preserved with this development. Page 26 Page 207 Item#10. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Development Agreement Between the City of Meridian and Spurwing, LP and Pacific Links, Limited Company (Owners/Developers) for Spurwing Sewer Easement (H-2020- 0087) Page 208 ADA COUNTY RECORDER Phil McGrane 2021-030016 BOISE IDAHO Pgs=28 BONNIE OBERBILLIG 02/24/2021 01:42 PM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: I. City of Meridian 2. Spurwing, LP and Pacific Links, Limited Company, Owners/Developers THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this 23rd day of February , 2021, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY whose address is 33 E. Broadway Avenue, Meridian,Idaho 83642 and Spurwing,LP whose address is 1406N.Main street,Meridian,ID 83642 and Pacific Links, Limited Company, whose address is 200 N. 41' Street, Suite 205, Boise, ID 83702, hereinafter called OWNERS/DEVELOPERS. 1. RECITALS: 1.1 WHEREAS,Owners are the sole owners,in law and/or equity,of certain tract of land in the County of Ada,State of Idaho,described in Exhibit"A",which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS,Idaho Code§67-6511A provides that cities may,by ordinance, require or permit as a condition of zoning that the Owners and/or Developers make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, Owners/Developers have submitted an application for a annexation and zoning of.60 acres of land with a R-4 (medium low density residential) zoning district of the property listed in Exhibit "A", attached hereto,under the Unified Development Code,which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS,Owners/Developers made representations at the public hearings before Planning and Zoning Commission and the Meridian City Council,as to how the Property will be developed and what improvements will be made;and 1.6 WHEREAS,the record of the proceedings for requested rezoning held before Planning and Zoning Commission and the City Council,includes responses of DEVELOPMENT AGREEMENT—SPURWING SEWER EASEMENT(H-2020-0087) PAGE 1 OF 8 Item#10. government subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment; and 1.7 WHEREAS, on the 9th day of February, 2021, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit`B"; and 1.8 WHEREAS, the Findings require the Owners/Developers to enter into a Development Agreement before the City Council takes final action on final plat; and 1.9 WHEREAS,Owners/Developers deem it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS, City requires the Owners/Developers to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement,herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation are in accordance with the amended Comprehensive Plan of the City of Meridian on December 19, 2019, Resolution No. 19-2179, and the UDC,Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words,terms,and phrases herein contained in this section shall be defined and interpreted as herein provided for,unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian,a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian,Idaho 83642. 3.2 OWNERS/DEVELOPERS: means and refers to Spurwing, LP whose address is 1406 N. Main street, Meridian, ID 83642 and Pacific Links, Limited Company,whose address is 200 N. 4th Street, Suite 205,Boise, ID 83702,hereinafter called OWNERS/DEVELOPERS,the parties that own and are developing said Property and shall include any subsequent owner(s)and/or developer(s)of the Property. DEVELOPMENT AGREEMENT—SPURWING SEWER EASEMENT(H-2020-0087) PAGE 2 OF 8 Page 210 Item#10. 3.3 PROPERTY: means and refers to that certain parcel(s)of Property located in the County of Ada,City of Meridian as in Exhibit"A"describing a parcel to be annexed and bound by this Development Agreement and attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owners/Developer shall develop the Property in accordance with the following special conditions: a. The annexation area is non-buildable and shall only be used as a City of Meridian sewer line easement, Suez water line easement, emergency vehicle access road and access road for the City of Meridian and Suez Idaho Operations for maintenance of their facilities within their easements. b. Signage shall be provided at each end of the access road stating that public access is prohibited beyond the gated area. c. Compliance with the Public Works' 2019 Design Standards for Access Roads(2-16 Access Roads) is required as set forth in Section VIII.0 of the Staff Report that is attached to the Findings of Fact and Conclusions of Law, attached hereto as Exhibit "B".Further,rim elevations of manholes located within the access road shall be equal to the elevations of the surface of the access road and finished in accordance with current Idaho Standards for Public Works Construction (ISPWC) and City Supplemental Specifications.Construction of the road shall be completed within sixty (60)days of approval of the Annexation Ordinance. d. A 14-foot wide compacted gravel access roadway meeting Meridian City standards shall be constructed over the existing sanitary sewer mainlines that currently traverse through the subject property. e. This project will be required to provide a 20'wide swing or rolling emergency access gate at each end of the access road as set forth in International Fire Code Sections 503.5 and 503.6.The gate shall be equipped with a Knoxbox padlock which has to be ordered via the website www.knoxbox.com.All gates at the entrance to fire lanes shall be located a minimum of 30 feet from the roadway and shall open away from the roadway,unless other provisions are made for safe personnel operations as set forth in National Fire Protection Association 1141, Section 5.3.16 -2017 edition. DEVELOPMENT AGREEMENT—SPURWING SEWER EASEMENT(H-2020-0087) PAGE 3 OF 8 Page 211 Item#10. 6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6) months after the date of the Findings for the annexation and zoning or it is null and void. 7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. Either party's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 7.2 Notice and Cure Period. In the event of Owner/Developer's default of this Agreement, Owners/Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty(180)days;provided,however,that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice as described in Section 7.2,Owner/Developer shall be deemed to have consented to modification of this Agreement and de-annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owner/Developer reserve all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owner and/or Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include,without limitation, acts of civil disobedience, strikes or similar causes,the time for such performance shall be extended by the amount of time of such delay. 7.5 Waiver. A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. DEVELOPMENT AGREEMENT—SPURWING SEWER EASEMENT(H-2020-0087) PAGE 4 OF 8 Page 212 Item#10. 8. INSPECTION: Owners/Developers shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy,notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits,and submit proof of such recording to Owners/Developers,prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby,the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall,following recordation of the duly approved Agreement,enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit,cash deposits,certified check or negotiable bonds,as allowed under the UDC, to insure the installation of required improvements, which the Owner/Developer agree to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed,completed,and accepted by the City, or sufficient surety of performance is provided by Owner/Developer to the City in accordance with Paragraph 11 above. 13. ABIDE BY ALL CITY ORDINANCES: That Owners and/or Developer agree to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: with copy to: City Clerk City Attorney City of Meridian City of Meridian 33 E. Broadway Ave. 33 E. Broadway Avenue Meridian, Idaho 83642 Meridian, Idaho 83642 OWNERS/DEVELOPERS: Spurwing,LP Pacific Links,Limited Company 1406 N.Main Street 200 N. 4t" Street, Ste., 205 Meridian, ID 83642 Boise, ID 83702 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. DEVELOPMENT AGREEMENT—SPURWING SEWER EASEMENT(H-2020-0087) PAGE 5 OF 8 Page 213 Item#10. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement,the prevailing party shall be entitled,in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default,termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term,condition and provision hereof,and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owners/Developers,each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof,except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owners/Developers, to execute appropriate and recordable evidence of termination of this Agreement if City,in its sole and reasonable discretion,had determined that Owners/Developers have fully performed their obligations under this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided,each party shall act reasonably in giving any consent,approval,or taking any other action under this Agreement. 20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owners/Developers and City relative to the subject matter hereof,and there are no promises,agreements,conditions or understanding,either oral or written,express or implied,between Owners/Developers and City,other than as are stated herein. Except as herein otherwise provided,no subsequent alteration,amendment,change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re-zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the DEVELOPMENT AGREEMENT—SPURWING SEWER EASEMENT(H-2020-0087) PAGE 6 OF 8 Page 214 Item#10. notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [end of text; signatures, acknowledgements, and Exhibits A and B follow] ACKNOWLEDGMENTS IN WITNESS WHEREOF,the parties have herein executed this agreement and made it effective as hereinabove provided. OWNERS/DEVELOPERS: Spurwing,LP Pacific Links,Limited Company By, - By: Its: Its: CITY OF MERIDIAN ATTEST: By: Mayor Robert E. Simison 2-23-2021 Chris Johnson, City Clerk 2-23-2021 DEVELOPMENT AGREEMENT—SPURWING SEWER EASEMENT(H-2020-0087) PAGE 7 OF 8 Page 215 Item#10. STATE OF IDAHO ) Ss: County of Ada ) On this !?/ day of )AG We, 021,before me,the undersigned,a Notary Public in and for said S ate, -rsonally appeared .�0 h n w l4� known or identified to me to be the gf/1> W, _ purwing,LP,and the person who signed above and acknowledged tome that he executed the same on behalf of said Company. IN WITN ,lI13�y�OF,I have hereunto set my ha d and affixed my official seal the day and year in this certificate` "" ��Pii,� n�WY PU'& O• y s (SEAL) _ W COMMISSION •t _ Not Public for EXPIRES 816 2024 ; _ Residing at: Z My Commission Expires: w /V— zfwl OF STATE OF ID*s/pN �,AO R, 'not lity�►�� County of Ada ) On this E day of Y?4,k ,20 1,before me,the undersigned,a Notary Public in and for said State, personally appeared I- k tuj i'+t known or identified to me to be the A"X W Pacific Links,Limited Company,and the person who signed above and acknowledged to me that he executed the same on behalf of said Company. 1N1l)lull/I IN WIT14I1`� /r I have hereunto set my hand and affixed my official seal the day and year in this certificates (SEAL) — MY COMMISSION . EXPIRES 8-16-2024 . _ Nolary Public for Residing at: �•.sT ,20•• ``�p?�,��gTFOF10?:•'�� e My Commission E fires: /�l ' STATE OF IDAH0/11SYOjA j1%%%i\0,\ : ss County of Ada ) On this 23rd day of February , 2021, before me, a Notary Public, personally appeared Robert E.Simison and Chris Johnson,known or identified to me to be the Mayor and Clerk,respectively,of the City of Meridian,who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary public for Idaho Meridian, Idaho Residing at: Commission expires: 3-28-2022 DEVELOPMENT AGREEMENT—SPURWING SEWER EASEMENT(H-2020-0087) PAGE 8 OF 8 Page 216 Item#10. EXHIBIT A TEALEY'S LAND 12594 W. Expibrer brine, Suite 150 • Boise, Idaho-8371 a SURVEYING (2ott) MS-06 2 — Fax (208j 3MOO6 loroject No.. 4667 E HISIT "A" Date:July 8, 2020 DESCRIPTION Folt JOCK[ HEWITT ANL4E ATJON PARCEL A parcel of land tieing a portion Df Lot 2 of Glogic 1 of$purwing Subdivision as on file in Book 69 of Plats at Pages 7104 through 7108 in the Office of the Recorder for Ada County, Idaho, said parcel being situated in the 6W 114 of Section 23. TAK, R.1W.- B.M.,Aria County, Idaho and more particularly described as follows: COMMENCING dt the Southwesl corner of said Section 23. marked by a t);rass cap;thence Wong the West li-ne Of Sard Section 23 North 00'244D" East 1170.64 feet to a point; thence leaving said WaV line at right anglss South 89'3W20"East 331.81 feet to the Southwest corner of Lot 14, Block 1 of said Spurwing$uWivislbn which point Is also the Northwest Corner of 01ivetree et Spurwing Subdivision as on fife in Book 113 of Plats at Pages 16653 through 16656 in Said Office of the Recorder for Ada County.which point is the POINT OF BEGINNING, marked by an iron fain.thence along The West line of said OIrwetree at Spurwing Subdivision South 1{)'53A1"VdeSt 211.00 feet to a point;thence Jeaving said West line 2t right angles North 79°01'12"West 42.12 feet to a point; thence along a line parallel with said West line of 011vetree at Spurwing Subdivision Morlh 10'56'48'East 213.50 feet to a point on a line that is parallel with and 41.00 feet West of the Wert line of said Loll 14, Block 1 of Spurwing Subdivision; thence along said parallel line North OO 4828'last 370.10 feet to a point;thence North 47`26'O0" East 5167 feet to a point; thence South 11`07'25"East 25.82 feet to a point of curvature; thence along the arc of a curare to the left wt'Qfe Qdiu5 is 110.04 feet, whose central angle Is 30°38'41", whose length is 59 47 fee[ and whose long chard hers South 20'36'45'East 55.75 feet to a point-.thence Sorith 42°44'50"Wesl 43.32 feet to the northwest corner of said Lot 14,marked by an iron pin, thence along the West line of said Lot 14 South 00'48'28"West 305.S4 feet to the P01 NT OF BEGINNING. Said Parcel Contains 0.802 Acre,mgFS or leas, -.L l.A+- �1 -0�67-pullrexahan-aesC•OpCx dnm page t Uf I Spurwing Sewer Easement H-2020-0087 Page 217 Item#10. EXHIBIT A EXHIBIT '"B" CITY OF MERIPTAw ANNEXATION PUR OLIVE'd' E MURES PARCEL IJa COPNEE N LOT 2,9LM I,SPLIRWMG SUWVNON 221&23 IN TNK SW If+OF SECTION:n,TAN.R.N.,S.A., i +ARM COUNTY.ID" A � CUM TABLE 5. cWYE I RAI7115 I MIA I UKIN 9EAWIVF CHM II 15 C-' WDY I 3G"A-4111 59AF' IS26'3s'45'9 i9.N' k N 17'26'00' E R i705T.JIL16MF1 Mr �• I ' 116112L�08[� � 1 r 0 SO 100 290 SN LiP SCALE IN FEET 1 14 r — ICrO EklSr. ulaw, I" b BLOCK I ' U6 SEWER EASE-W5T Na. H OM13 I I } PARCEL A 1 ' f 13 4 2�6.204 9f. WIATER rAUVISE. J '� i I� T �� H64WNC ,� I L 5Y C0�7l�R tQ7 ff I ii Nwr CNAMF LOP_v G� rts. 12 ti LAN l y i ,ram ; l iie 5I a, ` , '° =" BLOCK 1 38 OF ' 42 b2' II 11 74'UI'a2' hf 34 1 . r 40 LOT 2 LJ1� TP r�7 , BLOCK 1 33 SpdR'jIfq6 5 y TEALEY'8 LAND SURVEYIN13 12594 W. EXPLORER MIE. SLITS 15a. 8015E. 0 83713 Spurwing Sewer Easement H-2020-0087 Page 218 Item#10. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EN AND DECISION& ORDER In the Matter of the Request for Annexation of 0.60 of an Acre of Land with an R-4 Zoning District Encompassed by a City of Meridian Sanitary Sewer,United Water and Emergency Access Easements in Spurwing Subdivision,by Engineering Solutions,LLP. Case No(s).H-2020-0087 For the City Council Hearing Dates of: December 15,2020 and January 26,2021 (Findings on February 9,2021) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of January 26, 2021,incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of January 26,2021, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of January 26, 2021, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of January 26,2021,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 as Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019,Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § I I-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. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR SPURWING SEWER EASEMENT—AZ H-2020-0087 - 1 - Page 219 Item#10. 7. That this approval is subject to the provisions in the attached Staff Report for the hearing date of January 26,2021,incorporated by reference. The provisions are concluded to be reasonable and the applicant shall meet such requirements as a provision of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that: 1. The applicant's request for annexation is hereby approved with the requirement of a Development Agreement per the provisions in the Staff Report for the hearing date of January 26,2021,attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement.Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E.Notice of Final Action and Right to Regulatory Takings Analysis 1. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight(28)days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67,Idaho Code. F. Attached: Staff Report for the hearing date of January 26,2021 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR SPURWING SEWER EASEMENT—AZ H-2020-0087 -2 Page 220 Item#9. By action of the City Council at its regular meeting held on the 9th day of February 2021. COUNCIL PRESIDENT TREG BERNT VOTED COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED COUNCIL MEMBER JESSICA PERREAULT VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER LIZ STRADER VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison Attest: Chris Johnson City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 2-9-2021 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR SPURWING SEWER EASEMENT—AZ H-2020-0087 -3 Page 163 Item#10. EXHIBIT A STAFF REPORTC�WEIIDIAN COMMUNITY DEVELOPMENT DEPARTMENT HEARING January 26,2021 Legend �-� DATE: (Continued from:December 15, 2020 TO: Mayor&City Council FROM: Sonya Allen,Associate Planner 208-884-5533 SUBJECT: H-2020-0087 ------ Spurwing Sewer Easement—AZ a LOCATION: North of W. Chinden Blvd./SH 2O-26, northeast of N. Ten Mile Rd.,in the SW 1/4 of Section 23,Township 4N.,Range IW. (portion of Lot 2,Block 1, Spurwing Subdivision) m I. PROJECT DESCRIPTION The Applicant requests annexation of 0.60 of an acre of land with an R-4 zoning district. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 0.60 of an acre Future Land Use Designation Low Density Residential(LDR) Existing Land Use Sewer easement/golf course Proposed Land Use(s) Emergency vehicle access for Fire Dept. and Public Work's access to sewer easement Current Zoning RUT in Ada County Proposed Zoning R-4(Medium Low-Density Residential) Neighborhood meeting date;#of July 22,2020; 8 attendees attendees: History(previous approvals) This property is a portion of Lot 2,Block 1, Spurwing Subdivision(Bk. 113,pg. 16653).A lot line adjustment was approved by Ada County in 2007(ROS#7826). Ada County denied a CUP modification permit to build an emergency access road. See Applicant's narrative for more information: narrative Pagel Page 222 Item#10. B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) No • Requires ACHD Commission No Action es/no Access(Arterial/Collectors/State One(1)emergency access is proposed from the west via N. Hwy/Local)(Existing and Proposed) Sunset Maple Way in Spurwing Greens Subdivision Fire Service See comments in Section IX.C. Police Service No comments were submitted. Wastewater Distance to Sewer Services Existing through parcel Sewer Shed North Black Cat trunkshed Estimated Project Sewer ERU's See application WRRF Declining Balance 13.97 Project Consistent with WW Yes Master Plan/Facility Plan Impacts/Concerns Sewer mainline is existing through the subject parcel. Water Distance to Water Services This parcel is within Suez Water's service area. Pressure Zone Estimated Project Water ERU's Water Quality Project Consistent with Water Master Plan Impacts/Concerns Page 2 Page 223 1 1 1 r ta IN I All aPow men , i l f+��JJ 1�,1('� �,1.. ._ a .. I11111YH.I.Y� I •tH I1Vb .4Y��—•T _-- •ra r- IYII I.Ix111Y 1�, ,illlll •... ice. ® i111111ti� id Mimi xl }11 Illllx 1.11 i _Z L'. .i✓4.�1,- L_a4"y} I .2 LLJ xlll� 11 11�III.. 1�111, 'air --:.rv=•r 'k"- j� •2_ F+•1 uxuxu111■ � uullu I � �,_ �=� � ,,�.•� 1No 1 11-2 - ■ uux� "tea_ Cm 1 1 :1•� 1 NI � �� 1• 1 NI � �� 1 11 1�fi� 1 11 11 0 Ill 111 � - I � ■ = III y� I s � � ■ . III 11:: a 111 �I uuiuxuu� �- qulium2,�„ uiuuxlll 45 �—I II � �� - um liiii=' 3 - m1= ` uw liiii= ��.i■ 11. 11 �=2� 1•I• 111 11 w�2� -NMI I N - _ x111111i1 111 = III � _ x1111111 111 2� -�. -_ ■111 111 11 � �i �. �- ■1.1 111 11 ��'��'� I.xxxl 4 I11111 .'?■�'� 11xxx1 •� .��. 1.x1 11 11x■ 11 � � �!!YY ■11.1.11 -�• •mow!Y ■.1.1111 uHuu !11 IIIIIxL1 2 on II •Ix 11� 11 11�IIIFI —— 1�111 �Z �x1111 11 11�IIIFI �_ �1�1� IIx IIx11111■ IIIIIIII 2_ F+'!!Ix IIx111111 IIIIIIII ■ IIII xI I 1 1 II-2 ■ IIII xI • • I I � � � i I F �� . t i �� Y- Item#10. B. Owner: Spurwing,LP— 1406 N. Main St.,Meridian,ID 83642 Pacific Links, Limited Company—200 N. 4t1i Street, Ste. 205,Boise, ID 83702 C. Representative: Same as Applicant IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper notification published in newspaper 9/25/2020 11/27/2020 Radius notification mailed to property owners within 300 feet 9/23/2020 11/23/2020 Public hearing notice sign posted 10/1/2020 11/30/2020 on site Nextdoor posting 9/23/2020 11/23/2020 V. COMPREHENSIVE PLAN ANALYSIS LAND USE: This property is designated Low Density Residential (LDR)on the Future Land Use Map (FLUM)in the Comprehensive Plan. The LDR designation allows for the development of single-family homes on large and estate lots at gross densities of three(3)dwelling units or less per acre. There is an existing City of Meridian sewer easement within the subject annexation area;the Applicant proposes is not proposing any new development within this area. Goals,Objectives, &Action Items: Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property(staff analysis in italics): • "Preserve existing public rights-of-way and other easements for future pathways and accessways, particularly along powerline and utility corridors, railway corridors, and waterway or irrigation corridors."(4.04.02B) Annexation of the land where an existing City of Meridian sewer easement is located and requirement ofa Development Agreement with a provision that restricts uses other than that of the sewer easement and emergency access easement will ensure preservation of this easement and access. • "Annex lands into the corporate boundaries of the City only when the annexation proposal conforms to the City's vision and the necessary extension of public services and infrastructure is provided." (3.03.03) The proposed annexation area incorporates an existing City of Meridian sewer easement. VI. STAFF ANALYSIS A. ANNEXATION&ZONING The Applicant proposes to annex 0.60 of an acre of land into the City with an R-4 (Medium Low- Density Residential)zoning district consistent with the FLUM designation of LDR. The annexation area is a portion of Lot 2,Block 1, Spurwing Subdivision,which was developed in Ada County. Typically, the City does not annex a portion of a parcel or lot;however,the City Attorney and the Planning Page 4 Page 225 Item#10. Manager has deemed it appropriate in this case due to the County's denial of the site modification and the City's requirement for an access to maintain the public utility;therefore, Staff is in support of the request. The property proposed to be annexed is developed as part of the Spurwing golf course and contains a 20- foot wide Meridian sanitary sewer easement(Inst. #112130813)with a 12-inch sewer main line and an 8-inch Suez water main line.An emergency vehicle access easement is proposed in this area to satisfy the Fire Department's requirement for secondary emergency vehicle access to Olivetree at Spurwing Subdivision. Emergency vehicle access for this subdivision was previously planned via W. Chinden Blvd. at the Chinden/Ten Mile Rd. intersection; however, since the time the preliminary plat was approved,improvements have been made to the intersection which necessite an alternate location for emergency access. For this reason, emergency access is proposed where the sewer easement lies. Public access will be restricted through the use of gates at each entrance with a knox box as required by the Fire Department in Section X.C. This road will also provide access to any manholes within the sewer easement area in accord with City requirements and access to the Suez water lines as desired. The subject property is non-buildable as it isn't a legal parcel/lot eligible for a building permit and doesn't meet the minimum dimensional standards of the R-4 district. A more detailed decription of the history of this request is included in the Applicant's narrative letter submitted with this application: https:llweblink.meridiancity.org/WebLink/DocView.aspx?id=193513&dbid=0&repo=Meridian City The proposed annexation area is contiguous to City annexed property and is within the Area of City Impact Boundary. A legal description and exhibit map for the annexation area is included in Section VIII.A. The City may require a development agreement(DA)in conjunction with an annexation pursuant to Idaho Code section 67-651 IA. To ensure the site develops as proposed with this application,Staff recommends a DA is required that limits development to that proposed with this application(see provision in Section IX.A). The Olivetree at Spurwing subdivision cannot develop without an approved secondary emergency access which the Applicant's proposal provides. If Council denies the Applicant's request, an alternate emergency vehicle access will be required for any development over 30 building lots in Olivetree at Spurwing Subdivision; or,the applicant has the option to fire sprinkler additional homes beyond the 30. NOTE: The City is currently monitoring the number of homes for this development and the number of building permits issued is approaching the maximum of 30 until the emergency access is approved and constructed per the City's requrrments. VII, DECISION A. Staff: Staff recommends approval of the proposed Annexation&Zoning with the requirement of a Development Agreement per the provisions in Section IX in accord with the Findings in Section X. B. The Meridian Planning&Zoning Commission heard these items on October 15,2020. At the public hearing,the Commission moved to recommend approval of the subject AZ request. 1. Summary of Commission public hearing_ a. In favor: Becky McKay, Engineering Solutions(Applicant's Representative);Mark Freeman,Foley&Freeman Attorneys (Representingthe he Applicant) b. In opposition: Greg Stock, Gretchen Tseng,Rick Mauritzson, Tom Nist, Tony Tseng C. Commenting: Rod Wagner Page 5 Page 226 Item#10. d. Written testimony: Robert Trerise, Gretchen Tseng, Carrie Franklin,Eric &Mary Kay Klein,Qing-Min&Erin Chen,Tom&Andrea Nist, Greg Stock, Steven Leavitt&Rick Mauritzson. e. Staff presenting_application: Sonya Allen f. Other Staff commenting on application: None 2. Key issue(s) testimony a. Concern pertaining to construction of a road&public access between Balata Ct. in Spurwing Subdivision&N. Crantini Way in Olivetree at Spurwing Subdivision; b. Preference for an emergency access for the Fire Dept. to be provided from Chinden Blvd. at the Ten Mile Rd. intersection rather than in the location proposed; c. Negative impact on adjacent properties where access road is proposed due to public use. 3. Ke, ids)of discussion by Commission: a. Necessity for a road for access to sewer manholes/maintenance of City infrastructure; b. Possibility of the Applicant providing landscaping adjacent to the abutting residential properties to screen the access road and properties from users of the access road; c. Possibility of installing signage at the gates prohibiting Public access; d. Question as to whether or not an emergency access is still feasible in the location originally approved at the intersection of Chinden Blvd./Ten Mile Rd. 4. Commission change(s)to Staff recommendation: a. Public Works' should provide a description of what preference they have for surface treatment of the access road between the two manholes(see Section VIILC); b. The Applicant should work with adjacent homeowners to see what mitigation could be provided to lessen impacts from the road(see landscape plan in Section VIII.B); c. The Applicant should try to get a letter from ITD stating they won't allow access as originally approved via Chinden Blvd. without an easement from the Wagner's La letter has been submitted from ITD (see link in Section IX.H)—ITD will only allow a since approach for safety reasons and is not opposed to an approach that serves both the Wagner farm parcel and the emergency access with the conditions noted in the letter. However, Mr. Wagner stated at the last hearing that he's not interested in granting an easement for a shared driveway at this time d. Add requirement for signa eg to be provided prohibiting public access to the gated area (see provision#A.lb in Section IX). 5. Outstandingissue(s)ssue(s) for City Council: a. None C. The Meridian Citv Council heard this item on December 15,2020. At the public hearing.the Council moved to continue the subject AZ request to the January 26,2021 hearing in order for the Applicant to work with the Tseng's to determine landscaping that they'd amenable to between their property and the access road: and for Staff to clarify emergency access options via Chinden Blvd. with ITD. The City Council heard this item again on January 26,2021 and moved to approve the requested annexation. 1. Summary of the City Council public hearing: a. In favor: Mark Freeman.Foley&Freeman Attorneys (Representing the Applicant); Becky McKay.Engineering Solutions (Applicant's Representative) b. In opposition: Rick Mauritzson: Greg Stock; Gretchen Tseng: Tony Tseng C. Commenting: Sarah Arjona,Idaho Transportation Dept.: Rod Wagner d. Written testimony: Gretchen Tseng, Greg Stock,Rick Mauritzson,Eric Epperson e. Staff presenting application: Sonya Allen £ Other Staff commenting on application: Kyle Radek: Deputy Fire Chief Bongiomo Police Chief Lavey: Clint Dolsby Page 6 Page 227 Item#10. 2. Key issue(s)of public testimony: a. Against the provision of the access road and preference for the area to be returned to its previous condition as required by Ada County: b. Preference for homes in Olivetree at Spurwing to be constructed with residential sprinklers in lieu of the provision of a secondary emergency access road as proposed: c. Request for the Council to deny the request for annexation and remove the access road. d. ITD doesn't have the right to take away the Wagner's access via Chinden and a cross- access agreement can't be agreed upon for a shared access—per Sarah Ariona.ITD. e. Mr. Wagner testified that he has no intentions of going anywhere or redeveloping his property in the forseeable future and wants to retain his existing access via Chinden. 3. Key issue(s)of discussion by City Council: a. ITD's letter in regard to the provision of emergency access from Chinden Blvd./SH 20- 26 to the Olivetree at Spurwing development: b. The Applicant should work with the property owner(Tseng's)primarily affected by the access road to determine landscaping that they'd amenable to between their property and the access road: c. The importance of the provision of secondary emer e�ncy access to the site for emergency responders in the event of a fire or other emergency: d. Restrictions that can be placed on this project to ensure the access road doesn't turn into a public thorou hfare- e. Questions pertaining to City process in situations like this where a City easement exists over a private property in the County: f Council encouraged the Applicant to do everything they can to deter public access to the access road and enforce the restriction: g_ The Applicant reached an agreement with Tony&GretchenTseng the property owners most affected by the access road, 4. City Council change(s)to Commission recommendation: a. Include DA provision that the access road is for emergency access and Public Works and Suez access of utilities for maintenance only—public access is prohibited. Gates are required to be installed at each end of access with signs at each end prohibiting public access beyond the gated area. Page 7 Page 228 Item#10. VIIL EXHIBITS A. Annexation&Zoning Legal Description and Exhibit Map TEAL ETS LAND 12594 W. Explorer Drive, wile 150 • Boise, Idaho 83713 SURVEYING tom} 3a5•10636 2 Fax (208)385•R1fiiM6 Project No._4667 EXHIBIT "API Dale:July 8, 2020 DESCRIPTION FOR JOCK HEWITT A NNE ATION PARCEL A Parcel of land being a portion of Lot 2 of Block.1 of Spurwing Subdivision as on file in Book 69 of Flats at Pages 7104 through 7108 irp the Office of the Recorder for Arta County, Idaho, said parcel being sduated in the SW 114 of Section 23, TAN., R.1W., B.M.,Ada County, Naha and more padmlarly described as follows: COMMENCING at the Southwosl corner of said Section 23, marked by a brass cap,thence Wong the West line of said Section 23 Forth OW204Y East 1170.64 feet to a paint; thence leaving said West line at right angles South 89'39'20"East 331.81 feet to the Soultimst corner of Lot 14, Bhp 1 of said Spurwing Subdivision which point is alsc the Northyuest Corner of Olivetree at SpurMng Subdivision as on fie A Book 113 of Plats at Pages 16653 through 16656 in said Office of the Recorder fDrMa County.which pvtnt is the POINT OF BEGINNING, M@Fked by an iron pin,theme aionglhe West line of said Olrretree at Spur*ng Su bd ivision South 10'58'41"West 211.00 feet to a point;thence leaving said VV'est Ilne at 49M angles North 79"0112"Wesi 42.12 feet to a point; thence along a line parallel with sold Mst lime of C Hivetree at Spurwing Sutadivision North 10"58'41r East 213.59 feet to a point on a line that is parallel with and 41.00 feet West of the West line of said Lei 14, Block 1 Hof Spurwing Subdivision; thence along said parallel Gne North ill F 48'28"East 370-10 feet to a;point',thence North 47`26'00" East 5167 feet to a pant; thence South 11`07'25"East 25.82 feet to a point of curvature, pierce along the arc of a curve to the left whose fadius is 110.00 feet, whose ventral angle Is 30"5841", whose length is 58 47 feet and whose long chord gars South 26'36'45"East 58.75 feel to a point-,thence South 42044'50"'west 43.32 feet to the Northwest corner of said Lot 14,mafked by an iron pin. thence along the West line of said Lot 14 South 00'4&28"West 305.94 feet to the EQW OF BEGINNING. Said Pa reel Contains.0.602 Acre,more or less. 347� 4W7-Moexation-Cesc-ftex dnrri Page 1 of 1 Page 8 Page 229 Item#10. E H113IT "13" C[TY OF lrtUMIAN ANNEXATION POR OU ETREE UTHITTES PARCEL IJ!I [BkNE�' IR LOT $,$LOCK. I.SPURMIfIG''DIY19f N 224923 IN TM15 SW 174 OF 5ECTKM U.T,4N.R.N.,6,R„ AN COUNTI,Ik" iCUM TMLE CUlYE R fS TJ, LirNGTH 0w ` I 1.5 f C-3 FAO' 30'W4!' 590' S Ab�'ts'� 7$,�J•. �� rub. i ;S II'07'25� Ewir N 47`26'00' E 25-82, IX I EMT AFMAN i #Jp glsl3 I i 12:1 I ----------- i 0 5 144 200 1424 i SCALE !N FEET x 1' i [x1�r. IdENIdL+)1 a �" I �i BLOCK 7 p �N f 5EWrlt IrA51=._5'Fsr 4 r } f - PARCEL A >�5 r 13 T wra J 215,M4 5 j{�.f70•P PATER USE 0.642 AC. P T nrhf SY L' NAER LOT i'r NY C.'PRUEF'LOT 97 i G ' �1 � BLOCK 1 P 39 A. N 79'01'Q' V 34 I 40 LOT 7 -� 1�JVf�T4 7 33 �.PjJRWIO 5LJB- _ TEAL€PPS LANs! $UR'VEYLNG Q54A W. EXPLORER Mg. ELITE 1$0, bDt3E, Q 93713 � � <; 27 26 2e8-M,3-063b X. Page 9 Page 230 Item#10. B. Page 10 Page 231 Item#10. C. Public Works' 2019 Design Standards for Access Roads 2-16 ACCESS ROADS: A. Access to sewer,water and recycled water mains not located within public rights-of-way shall be provided by an all-weather gravel access road constructed of 3/4"minus road mix gravel. See the Supplemental Specifications. B. The maximum access road grade shall not exceed 10%and shall be shown in the profile view. The access road shall not block natural or artificial drainage and shall conform to the requirements of the governing agencies. C.Access roads for sewer manholes shall have curves designed for turning radii of 28 feet inside radius and 48 feet outside radius and a vertical clearance of 14 feet. D. Rim elevations of manholes located within access roads shall be equal to the elevation of the surface of the access road. E. Hammerhead or intermediate turn-around spaces shall be constructed at the end of all access roads exceeding 150 feet in length and at intermediate locations as determined by Development Services. F. Easements will be required for all maintenance roads and turn-around spaces. Page 11 Page 232 Item#10. 9 1�'�I.MhJIMIIUI�p 1rMlUM CRUSHED'/s _ C] ROADUASE WATER C MAIN SANITARY C004IPACTED SEWER SUBGRAAE MAIN NOTE ALL GRAVELED RDA[Yi�FAVS allA-L BE CENTERED OVER—HE UTILITI=-I uL vls!rtaan CITY OF MERIDIAN STAPIDARC 73RA9WING NO. SUPPLEMENTAL GRAVEL ROAD SPECIFICATIONS TO TW€ STANDARD DETAIL IbAf+0 3rat[�,5R65 F4h PUBLIC WCM5 VEWrTRUGTICM Note: These would be the minimum Design Standards,but an applicant can pave the roadway if they want. Page 12 Page 233 Item#10. IX. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. A Development Agreement(DA) is required as a provision of annexation of this property. Prior to approval of the annexation ordinance, a DA shall be entered into between the City of Meridian,the property owner(s)at the time of annexation ordinance adoption,and the developer. Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting the annexation. The DA shall, at minimum, incorporate the following provisions: a. The annexation area is non-buildable and shall only be used as a City of Meridian sewer line easement, Suez water line easement, emergency vehicle access road and access road for the City of Meridian and Suez Idaho Operations for maintenance of their facilities within their easements. b. Signage shall be provided at each end of the access road stating that public access is prohibited beyond the gated area. c. Compliance with the Public Works' 2019 Design Standards for Access Roads (2-16 Access Roads) is required as set forth in Section VIII.C. Further,rim elevations of manholes located within the access road shall be equal to the elevations of the surface of the access road and finished in accordance with current Idaho Standards for Public Works Construction(ISP)YC) and City Supplemental Specifications. Construction of the road shall be completed within sixty (60)dqys of gpproval of the Annexation Ordinance. d. A 14-foot wide compacted gravel access roadway meeting Meridian City standards shall be constructed over the existings anitary sewer mainlines that currently traverse through the subject property. e. This project will be required to provide a 20' wide swing or rolling emergency access gate at each end of the access road as set forth in International Fire Code Sections 503.5 and 503.6. The gate shall be equipped with a Knoxbox padlock which has to be ordered via the website www.knoxbox.com. All gates at the entrance to fire lanes shall be located a minimum of 30 feet from the roadway and shall open away from the roadway,unless other provisions are made for safe personnel operations as set forth in National Fire Protection Association 1141, Section 5.3.16 -2017 edition. Prior to Annexation Ordinance approval, the Applicant shall submit a performance surety, including bids for materials and work to be performed, to the City to ensure the access road is completed to Public Works'standards. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 Sanitary sewer mainlines currently traverse through the subject parcel. 14-foot wide compacted gravel access roadways shall be required above those mainlines per Meridian City Standards. Included as a DA provision above in Section IX.A.Id. C. FIRE DEPARTMENT Access: This project will be required to provide a 20' wide swing or rolling emergency access gate as set forth in International Fire Code Sections 503.5 and 503.6. The gate shall be equipped with a Knoxbox Page 13 Page 234 Item#10. padlock which has to be ordered via the website www.knoxbox.com. All gates at the entrance to fire lanes shall be located a minimum of 30 feet from the roadway and shall open away from the roadway, unless other provisions are made for safe personnel operations as set forth in National Fire Protection Association 1141, Section 5.3.16 -2017 edition.Included as a DA provision above in Section IX.A.If. D. POLICE DEPARTMENT No comments were received. E. PARK'S DEPARTMENT No comments were received. F. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) https:llweblink.meridianci, .or /WebLinkIDocView.aspx?id=213875&dbid=0&repo=MeridianCity G. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https:llweblink.meridiancity.org/WebLink/DocView.aspx?id=193806&dbid=0&repo=Meridian City H. IDAHO TRANSPORTATION DEPARTMENT(ITD) https://weblink.meridiancity.orgj ebLink/Doc View.aspx?id=214594&dbid=0&repo=Meridian City X. FINDINGS A. Annexation and/or Rezone(UDC 11-513-3E) Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall,at the public hearing,review the application. In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The City Council finds the Applicant is proposing to annex the subject 0.60 acre property with R-4 zoning consistent with the proposed LDR FLUM designation for this property. (See section V above for more information.) 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds the proposed map amendment to R-4 for the existing sewer easement and proposed emergency access road generally complies with the regulations outlines for the R-4 district and purpose statement of the residential districts. 3. The map amendment shall not be materially detrimental to the public health,safety, and welfare; The City Council finds the proposed map amendment will not be detrimental to the public health, safety and welfare and the emergency access road will enhance public safety in this area. Page 14 Page 235 Item#10. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and The City Council finds the proposed map amendment will not result in an adverse impact upon the delivery of services by any political subdivision providing public services and will actually enhance emergency access in this area. 5. The annexation(as applicable)is in the best interest of city. The City Council finds the proposed annexation is in the best interest of the City. Page 15 Page 236 Item#11. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Acceptance Agreement for the Display of Artwork in the Initial Point Gallery Page 237 Item#11. ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY,MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the 23rd day of February 2021 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Lauri Borer, an individual person ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS,the City desires that public art will be a component of Meridian City Hall by the display of artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery"); WHEREAS, the Meridian Arts Commission ("Commission") recommends to the Meridian City Council that Artist's artwork be displayed in Initial Point Gallery; WHEREAS,the Meridian City Council accepts such recommendation and directs the Commission to work with Artist to establish a display of Artist's artwork in Initial Point Gallery; and WHEREAS,the Parties acknowledge that Meridian City Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. Artist shall personally deliver artwork to Initial Point Gallery, on August 6, 2021, at such time as is specified by the Gallery Curator. Artist shall be responsible for installing such artwork on August 6, 2021, at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from August 6, 2021 through September 2, 2021, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on September 3, 2021, at such time as is specified by the Gallery Curator. II. COMPENSATION AND SALE OF ARTWORK. A. No compensation. Artist shall display Artist's artwork in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Artist for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Artist may, at the direction of and in the manner established by the Gallery ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 1 page 238 Item#11. Curator, passively offer the artwork on display in Initial Point Gallery for sale. No price shall be displayed on or be proximate to any piece on display in Initial Point Gallery. City personnel shall not facilitate in any way the sale of Artist's work; any transaction related to the sale of artwork shall be handled solely by Artist. Artist acknowledges the Commission's request that Artist voluntarily donate to the Commission twenty percent(20%) of proceeds from any artwork sold due to its display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Artist may remove such artwork from the Gallery, provided that Artist replaces the removed piece with another piece of artwork within twenty- four(24)hours of such removal. Artist shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Gallery Curator prior to such activity. III.TIME OF PERFORMANCE. Artist shall provide services described in this Agreement in a timely manner, as described herein. Artist acknowledges and agrees that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. IV.INSTALLATION. A. Coordination with Curator. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallery or any portion or component thereof, Artist shall coordinate any and all such activity with the Gallery Curator. Artist shall be responsible for contacting the Gallery Curator at least thirty(30) days prior prior to the date of delivery of artwork to Initial Point Gallery to confirm details regarding the installation, removal,publicity, and promotion of the exhibit. Artist's failure to affirmatively contact the Gallery Curator as required by this paragraph shall constitute a default of this Agreement. B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City may inspect and/or review the artwork proposed by Artist for display in Initial Point Gallery to ensure compliance with all criteria set forth in the most recent Call to Artists issued for Initial Point Gallery, and the Application and Acknowledgements Form completed by Artist, as well as to ensure that such artwork may be safely and appropriately displayed in Initial Point Gallery. If the Gallery Curator or the City concludes that the display or any portion or component thereof does not meet the criteria set forth in these enumerated documents, does not reflect artwork as described to the Commission or the Gallery Curator, or cannot be safely and/or appropriately displayed in Initial Point Gallery, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. V. DISPLAY. A. Original artwork. Artist warrants that any and all artwork provided by Artist for display in Initial Point Gallery shall be, and is, original work conceived and created by Artist. ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 2 Page 239 Item#11. B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery, as City may desire for purposes of advertising, marketing, and public information. Where practicable and to the extent of City's authority, Artist shall be acknowledged on each such photograph to be the creator of the original subject thereof, provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. C. Use of Artist's name. Artist hereby conveys to City permission to use Artist's name for purposes of advertising, marketing, and public information, without violation of Artist's rights of privacy or any other rights Artist may possess under this Agreement,provided that City shall not use Artist's logo, if any, for any purpose without the express, written permission of Artist. D. Use of City's name. City hereby conveys to Artist permission to use City's name for purposes of advertising, marketing, and public information, without violation of City's rights of privacy or any other rights City may possess under this Agreement,provided that Artist shall not use City's logo for any purpose without the express, written permission of the Mayor's Chief of Staff. E. Removal of artwork by City. City shall have the right to remove Artist's artwork from public display at any time and for any reason. Such removal may be temporary or permanent in nature. Where such artwork is or is intended to be removed from public display for longer than forty-eight(48)hours, City shall notify Artist in the manner set forth herein. While it is intended that Artist's artwork will be displayed in Initial Point Gallery for the period set forth herein, this period may be shortened by City for any reason, without notice to the Artist. F. Removal of artwork by Artist. Artist shall coordinate with the Gallery Curator the removal, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sale of a piece or for any other reason. G. Simultaneous display. City may elect to display the work of more than one Artist or Organization in Initial Point Gallery at any time, at the City's sole discretion. The manner and arrangement of the display(s) in Initial Point Gallery shall be determined by the Gallery Curator. VI.INDEMNIFICATION,WAIVER,AND INSURANCE. A. Indemnification. Artist shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Artist or Artist's servants, agents, employees, guests, and/or invitees. B. Waiver. Artist shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Artist's performance of this Agreement, whether such loss or damage may be attributable to known or unknown ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 3 page 240 Item#11. conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance Artist's responsibility. City shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Artist in the furtherance of Artists' rights or obligations described herein. Insurance of the artwork; of the Artist's person,property, or interests; and/or of the Artist's employees or agents shall be the sole responsibility of Artist. Artist shall obtain all necessary insurance as may be required in order to protect Artist's insurable interests for its rights and obligations described within this Agreement, including,but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or insurance of the artwork to be displayed in Initial Point Gallery. Artist shall bear any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery. VII. TERMINATION. A. Termination for cause. If City determines that Artist has failed to comply with or is in default of any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by providing written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have two (2) calendar days, not including Sundays or federal holidays, after the other party mails such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated immediately upon mailing of written notice of termination. B. Termination without cause. City may immediately terminate this Agreement for any reason at any time without prior notice to Artist. C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. D. Non-waiver. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. VIII. GENERAL PROVISIONS. A. Relationship of Parties. It is the express intention of Parties that Artist is an independent party and not an employee, agent,joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 4 page 241 Item#11. employee of City. Both parties acknowledge that Artist is not an employee of City. Artist shall retain the right to perform services for others during the term of this Agreement. B. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. C. Non-Discrimination. In fulfilling or exercising any right or obligation under this Agreement, Artist shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. D. Entire agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation,performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. G. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. H. Successors and assigns. Artist shall not subcontract or assign any of Artist's obligations under this Agreement that require or that may require Artist's artistic talent or expertise. Artist may subcontract or assign obligations that do not require Artist's artistic talent or expertise. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. I. Notice.Any and all notice required to be provided by the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed, if to the Artist, to the address written below, and if to the City, to: 33 E. Broadway Avenue, Meridian, Idaho, 83642. Either parry may change its respective mailing address by giving written notice of such change in the manner herein provided. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 5 page 242 Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the Effective Date written above. ARTIST: auri orer Address: Phone: E-mail: �a(/// J, CITY OF MERIDIAN: BY: _F�obba E: Simison, Mayor 2-23-2021 Attest: Chris Johnson, City Clerk 2-23-2021 ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 6 Page 243 Item#12. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Agreement Between the City of Meridian and Evans Development, LLC to Accept Payment in Lieu of Installing Streetlights at Movado No. 8 Subdivision Page 244 Item#12. Mayor Robert Simison IDIAN*--� City Council MembersBernt VE, Tre erntt Joe Borton Public Works Luke Cavener Brad Hoaglun Department Jessica Perreault Liz Strader TO: Mayor Robert Simison Members of the City Council FROM: Al Christy— Transportation and Utility Coordinator DATE: 412312020 SUBJECT: AGREEMENT TO ACCEPT PAYMENT IN LIEU OF INSTALLING STREETLIGHTS AT MOVADO NO. 8 SUBDIVISION REQUESTED COUNCIL DATE: 2/23/2021 I. RECOMMENDED ACTION A. Move to: 1. Approve the attached agreement with Evans Development, Inc. 2. Authorize the Mayor to sign the agreement. 11. DEPARTMENT CONTACT PERSONS Al Christy, Transportation and Utility Coordinator 489-0352 Warren Stewart, City Engineer 489-0350 Dale Bolthouse, Director of Public Works 985-1257 III. DESCRIPTION A. Background One of the site specific conditions of approval for the Movado No. 8 Subdivision was to install three streetlights on S. Cloverdale Road. S. Cloverdale Road is scheduled to be widened in 2023. The developer has agreed to provide sufficient funds for the installation of streetlights and meter cabinet along S. Cloverdale Road. The streetlights will be installed once S. Cloverdale Road is widened. B. Proposed Project Page 245 Page I of 2 Item#12. Pursuant to the attached agreement with Evans Development, Inc., the City will accept the estimated amount of$27,440.00, required to install three streetlights and a meter pedestal on S. Cloverdale Road. These funds will be used to install the streetlights and meter cabinet during the ACHD road widening. Evans Development, Inc. is in favor of this solution and has signed the attached agreement. IV. IMPACT A. Strategic Impact: This agreement is in alignment with the Public Works Department's Strategic Plan 2010-201 S Objective ENG-12, which is to increase street lighting throughout the City to enhance the safety of our citizens in a fiscally responsible manner. B. Service/Delivery Impact: This agreement will increase the street lighting along S. Cloverdale Road while ensuring that the lights are installed at the appropriate time and in the appropriate location. C. Fiscal Impact: Per this agreement the City will receive $27,440.00. This is the estimated amount required to install the three lights and a meter cabinet along S. Cloverdale Road and these funds will be reserved for that specific purpose. V. TIME CONSTRAINTS Council approval of this agreement will allow Evans Development, Inc to remit the required funds to the City and receive their Subdivision approval once all other requirements have been met. VII. LIST OF ATTACHMENTS Agreement to Accept Payment in Lieu of Installing Streetlights at Movado No. 8 Subdivision. Approved for Council Agenda: Page 246 Page 2 of 2 Item#12. AGREEMENT TO ACCEPT PAYMENT IN LIEU OF INSTALLING STREETLIGHT AT MOVADO NO. 8 SUBDIVISION THIS AGREEMENT for streetlight installation, made this 23rd day of February, 2021 between the City of Meridian,a municipal corporation organized under the laws of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho(hereinafter"City"),and Evans Development, LLC, 7761 W. Riverside Dr., Suite 100, Boise, ID 83706 (hereinafter"Evans"). WHEREAS, Evans has received from City,conditional approval of the Final Plat for the Movado No. 8 Subdivision, Case No. FP H-2020-0020; and, WHEREAS, One of the Site Specific Conditions of Approval of City's approval of FP H-2020- 0040 is to install streetlights on all public roadways per the City of Meridian Improvement Standards for Street Lighting; and, WHEREAS, Evans is currently unable to install the required streetlights on S. Cloverdale Road in front of the Movado No. 8 Subdivision because S. Cloverdale Road has not been built out to its ultimate width; and, WHEREAS, once the S. Cloverdale Road is improved, City is willing to install the required streetlights if Evans has paid to City the estimated amount necessary to install the streetlights. NOW THEREFORE,THE PARTIES AGREE AS FOLLOWS: 1. Evans shall pay to City the amount of $27,440.00 as the amount necessary to supply and install three (3)type 1 streetlights and meter pedestal. 2. City agrees to accept the amount set forth in Article 1 in lieu of requiring Evans to install the three (3) streetlights and meter pedestal on S. Cloverdale Road in front of the Subdivision. 3. Upon payment of the amount in Article 1 by Evans to City, Evans' requirement to install the three (3)streetlights and meter pedestal on S.Cloverdale Road shall be considered satisfied. 4. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their heirs,successors and assigns, and shall survive any transfer by Evans of Evans' Property. IN WITNESS WHEREOF,the parties shall cause this Agreement to be executed by their duly authorized officers the day and year first above written. EVANS DEVELOPMENT, LLC CITY OF MERIDIAN B Y• By Zach Evans, Manager Robert E.Simison, Mayor 2-23-2021 j � 1�Z, Page 247 Item#13. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approval of AIA CMGC Contract for Pre-Construction Services for Fire Stations 7 and 8 and Police Precincts 1 and 2 to ESI for the Not-To-Exceed Amount of$60,000.00 Page 248 Item#14. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approval of Task Orders for Mural Design between City of Meridian and Selected Muralists Page 336 Item#14. TASK ORDER FOR MURAL DESIGN This TASK ORDER FOR MURAL DESIGN ("Task Order") is made this 23rd day of February , 2021 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Solomon Hawk Sahlein, on behalf of Sector Seventeen LLC, a limited liability company organized under the laws of the state of Idaho ("Artist"). WHEREAS, Artist and City have entered into a Master Agreement for Professional Services:Mural Design, Installation, and Maintenance ("Master Agreement"), which establishes terms and conditions under which City may invite Artist to provide services including consultations, design, installation, maintenance, and repair of murals, pursuant to separate project task order(s) setting forth specific conditions, compensation amount, and scope of work; and WHEREAS, City and Meridian Centercal, LLC ("Owner")have entered into a Public Art Easement Agreement, by which Agreement Owner agreed to allow City to engage an Artist for the purpose of designing a public art mural for potential installation at 2350 N. Eagle Road, in Meridian, Ada County parcel no. R1343720200 ("Property"); specifically, on the east-facing exterior wall of the building located at Property; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. Artist shall design a large-scale, painted mural installation for potential installation on the east-facing exterior wall of the building at the Property("Mural"), located at Property. Throughout the design process, Artist shall seek input from City and Owner (collectively, "Stakeholders"), and shall finalize the design only with consensus from all Stakeholders. At the conclusion of the design process, Artist shall deliver to City a to-scale rendering of the Mural design, including a depiction of all architectural features and fixtures to be accommodated(e.g., windows, doors, signs, projections, etc.). Artist shall also be responsible for obtaining written approval of the final design from the designated representative of each Stakeholder. II. COMPENSATION. A. Total amount. The total payment to Artist for services rendered under this Task Order shall be four thousand dollars ($4,000.00). This amount shall constitute full compensation for any and all services, travel, transportation, materials, fabrication, shipping, equipment, contingency, commission, artist fee, and costs of work to be performed or furnished by Artist under this Task Order. B. Method of payment. Artist shall provide to City invoices for services and deliverables provided pursuant to the payment schedule set forth herein, which City shall pay within thirty(30) days of receipt. City shall not withhold any federal or state income taxes or Social Security tax from any payment made by City to Artist under the terms and conditions of this Task Order. Payment of all taxes and other assessments on such sums shall be the sole responsibility of Artist. PROFESSIONAL SERVICES TASK ORDER—MURAL DESIGN PAGE 1 0 page 337 Item#14. C. Payment schedule. Artist shall be paid pursuant to the following benchmarks: 1. Initial design: $2,000.00 shall be due to Artist for upon Artist's delivery to Stakeholders an initial design of the Mural. 2. Final Design: $2,000.00 shall be due to Artist for delivery of a Final Design, as defined herein and as approved in writing by City. III.TIME OF PERFORMANCE. A. Timeline. In the provision of services and deliverables under this Task Order, Artist shall meet the following deadlines: 1. By 5:00 p.m. on April 15, 2021: Artist shall deliver three initial designs of the Mural to City. Stakeholders are tentatively scheduled to review the initial designs and provide feedback on April 20, 2021 at 4:30pm. 2. By 5:00 p.m. on May 13, 2021: Artist shall deliver to City an intermediate design which shall include a detailed, to-scale rendering of the Mural design, including a depiction of all architectural features and fixtures to be accommodated(e.g., windows, doors, signs, projections, etc.). Stakeholders are tentatively scheduled to review the final design and give final feedback on May 18, 2021 at 4:30pm. 3. By 5:00 p.m. on June 4, 2021: Artist shall deliver to City the final design, which shall include: a) a detailed, to-scale rendering of the Mural design incorporating the feedback from Stakeholders and including a depiction of all architectural features and fixtures to be accommodated(e.g., windows, doors, signs, projections, etc.) and b)written approval of the design from the Owner. B. Time of the essence. The Parties acknowledge that services provided under this Task Order shall be performed in a timely manner. The Parties acknowledge and agree that time is strictly of the essence with respect to this Task Order, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Task Order by the party so failing to perform. IV.GENERAL PROVISIONS. A. Master Agreement applies. All provisions of the Master Agreement are incorporated by reference and made a part of hereof as if set forth in their entirety herein. B. Stakeholders' designated representatives. Stakeholders have vested in the following representatives the authority to provide to Artist input and approval regarding proposed mural designs. Any Stakeholder may change its authorized representative and/or address for the purpose of this paragraph by giving written notice of such change to Artist and to City. 1. Owner: Mo Valko, Director of Marketing PROFESSIONAL SERVICES TASK ORDER—MURAL DESIGN PAGE 2 o page 338 Item#14. Boise Co-op mo@boisecoop.com Mark Neumann, Store Manager Boise Co-op mneumann@boisecoop.com 2. City: Audrey Belnap, Arts and Culture Coordinator City of Meridian abelnap@meridiancity.org C. Limited edition. Artist does, and shall,warrant and represent that the designs provided pursuant to this Task Order have never heretofore been designed, fabricated, installed, created, published, or copied and that Artist is the sole creator and owner of all rights in such designs. D. Installation not included. Artist acknowledges and agrees that this Task Order imparts no commitment by City to contract with Artist for installation of the Mural depicted in concept designs provided pursuant to this Task Order. Further, this Task Order vests no right in Artist to install the Mural depicted in designs provided pursuant to this Task Order. E. City Council approval required. The validity of this Task Order shall be expressly conditioned upon City Council action approving same. Execution of this Task Order by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Task Order on the Effective Date first written above. ARTIST: IC04 Solomon Hawk Sahlein, Manager Sector Seventeen LLC CITY OF MERIDIAN: Attest: Robert E. Simison, Mayor 2-23-2021 Chris Johnson, City Clerk 2-23-2021 PROFESSIONAL SERVICES TASK ORDER—MURAL DESIGN PAGE 3 o page 339 Item#14. TASK ORDER FOR MURAL DESIGN This TASK ORDER FOR MURAL DESIGN ("Task Order") is made this 23rd day of February , 2021 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Ben Konkol ("Artist"), whose address is 916 %2 N 12th Street, Boise, ID 83709. WHEREAS,Artist and City have entered into a Master Agreement for Professional Services:Mural Design, Installation, and Maintenance ("Master Agreement"), which establishes terms and conditions under which City may invite Artist to provide services including consultations, design, installation, maintenance, and repair of murals,pursuant to separate project task order(s) setting forth specific conditions, compensation amount, and scope of work; and WHEREAS, City and Team MC, LLC ("Owner")have entered into a Public Art Easement Agreement,by which Agreement Owner agreed to allow City to engage an Artist for the purpose of designing a public art mural for potential installation at 1203 N Main Street, in Meridian, Ada County parcel no. R6129020215 ("Property"); specifically, on the north-facing exterior wall of the building located at Property; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. Artist shall design a large-scale, painted mural installation for potential installation on the north-facing exterior wall of the building at the Property("Mural"), located at Property. Throughout the design process, Artist shall seek input from City and Owner (collectively, "Stakeholders"), and shall finalize the design only with consensus from all Stakeholders. At the conclusion of the design process, Artist shall deliver to City a to-scale rendering of the Mural design, including a depiction of all architectural features and fixtures to be accommodated(e.g., windows, doors, signs, projections, etc.). Artist shall also be responsible for obtaining written approval of the final design from the designated representative of each Stakeholder. II. COMPENSATION. A. Total amount. The total payment to Artist for services rendered under this Task Order shall be one thousand dollars ($1,000.00). This amount shall constitute full compensation for any and all services, travel, transportation, materials, fabrication, shipping, equipment, contingency, commission, artist fee, and costs of work to be performed or furnished by Artist under this Task Order. B. Method of payment. Artist shall provide to City invoices for services and deliverables provided pursuant to the payment schedule set forth herein, which City shall pay within thirty(30) days of receipt. City shall not withhold any federal or state income taxes or Social Security tax from any payment made by City to Artist under the terms and conditions of this Task Order. Payment of all taxes and other assessments on such sums shall be the sole responsibility of Artist. PROFESSIONAL SERVICES TASK ORDER—MURAL DESIGN PAGE 1 0 page 340 Item#14. C. Payment schedule. Artist shall be paid pursuant to the following benchmarks: 1. Initial design: $500.00 shall be due to Artist for upon Artist's delivery to Stakeholders an initial design of the Mural. 2. Final Design: $500.00 shall be due to Artist for delivery of a Final Design, as defined herein and as approved in writing by City. III.TIME OF PERFORMANCE. A. Timeline. In the provision of services and deliverables under this Task Order, Artist shall meet the following deadlines: 1. By 5:00 p.m. on April 15 2021: Artist shall deliver three initial designs of the Mural to City. Stakeholders are tentatively scheduled to review the initial designs and provide feedback on April 20, 2021 at 5:00pm. 2. By 5:00 p.m. on May 13, 2021: Artist shall deliver to City a provisionally final design which shall include a detailed, to-scale rendering of the Mural design, including a depiction of all architectural features and fixtures to be accommodated(e.g., windows, doors, signs, projections, etc.). Stakeholders are tentatively scheduled to review the final design and give final feedback on May 18, 2021 at 5:00pm. 3. By 5:00 p.m. on June 4, 2021: Artist shall deliver to City the final design, which shall include: a) a detailed, to-scale rendering of the Mural design incorporating the feedback from Stakeholders and including a depiction of all architectural features and fixtures to be accommodated(e.g., windows, doors, signs, projections, etc.) and b)written approval of the design from the Owner. B. Time of the essence. The Parties acknowledge that services provided under this Task Order shall be performed in a timely manner. The Parties acknowledge and agree that time is strictly of the essence with respect to this Task Order, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Task Order by the party so failing to perform. IV.GENERAL PROVISIONS. A. Master Agreement applies. All provisions of the Master Agreement are incorporated by reference and made a part of hereof as if set forth in their entirety herein. B. Stakeholders' designated representatives. Stakeholders have vested in the following representatives the authority to provide to Artist input and approval regarding proposed mural designs. Any Stakeholder may change its authorized representative and/or address for the purpose of this paragraph by giving written notice of such change to Artist and to City. 1. Owner: Paul McKenna, Member Team MC, LLC PROFESSIONAL SERVICES TASK ORDER—MURAL DESIGN PAGE 2 o page 341 Item#14. meridiancycles@gmail.com 2. City: Audrey Belnap, Arts and Culture Coordinator City of Meridian abelnap@meridiancity.org C. Limited edition. Artist does, and shall, warrant and represent that the designs provided pursuant to this Task Order have never heretofore been designed, fabricated, installed, created, published, or copied and that Artist is the sole creator and owner of all rights in such designs. D. Installation not included. Artist acknowledges and agrees that this Task Order imparts no commitment by City to contract with Artist for installation of the Mural depicted in concept designs provided pursuant to this Task Order. Further, this Task Order vests no right in Artist to install the Mural depicted in designs provided pursuant to this Task Order. E. City Council approval required. The validity of this Task Order shall be expressly conditioned upon City Council action approving same. Execution of this Task Order by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF,the parties hereto have executed this Task Order on the Effective Date first written above. ARTIST: ! 1 6knkol CITY OF MERIDIAN: Attest: Robert E. Simison, Mayor 2-23-2021 Chris Johnson, City Clerk 2-23-2021 PROFESSIONAL SERVICES TASK ORDER—MURAL DESIGN PAGE 3 o page 342 Item#15. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approval of Cues Sewer Line Cameras, Parts and Accessories for 2021 through Cues of Orlando Florida Page 343 Item#15. C� fIEN , IN4, IDAHG-. MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Keith Watts Meeting Date: 2/16/2021 Presenter: N/A Estimated Time: N/A Topic: Approval of Cues Sewer Line Cameras, Parts and Accessories for 2021 through Cues of Orlando Florida. Recommended Council Action: Approval of Sole Source purchases for Cues Sewer Line Cameras, Parts and Accessories for the calendar year 2021. Cues equipment is only available through the manufacturer. Background: The City has installed Cues cameras on its vehicles and utilizes the Cues software. Only Cues camera's and accessories are compatible with the existing system. Page 344 Item#16. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approval of Grantee Agreements for the Meridian Small Business Grant Program Page 345 Item#16. C� fIEN , IN4, IDAHG-. MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Tori Cleary, Community Development Meeting Date: February 23, 2021 Presenter: Tori Cleary Estimated Time: 0.0 Topic: Approval of Grantee Agreements for the Meridian Small Business Grant Program Recommended Council Action: Approve eight Grantee Agreements for the Meridian Small Business Grant Program. The following Grantees have been approved through the City's Municipal Small Business Grant Program made possible through Coronavirus Aid, Relief, and Economic Security Act (CARES) Act funding. The Grantees, grant amounts, and grant purposes are listed below: Amount Grantee Approved PPE Testing Inventory Equipment Rent Utilities Burks Wealth Management, Inc. $15,000.00 X X dba Mustard Seed Financial Erykane LLC $9,049.27 X X X Hart E. Beal, Inc. $409.35 X Louie's Pizza&Italian Restaurant, Inc. $5,028.69 X Lucky Fins LLC $15,000.00 X Salon G $3,445.69 X X Specialty Supply LLC $6,036.97 X X St. Ignatius Catholic School $15,000.00 X Background: These Agreements are for Council approval under the Meridian Small Business Grant Program, created through the City Council designation of$1 million of the City's CARES Act funding allocation. Following staff review of applications and confirmation of business/organization eligibility and documentation of qualifying business expenses,grant applications are sent to a Review Committee comprised of the Chief of Staff, Finance Director, and a representative from the Chamber of Commerce Economic Development Committee.Applications are then sent to the State Coronavirus Financial Advisory Committee for approval and funding. With more than $1.2 million in requests in the application queue, the Program officially closed on December 30.As of February, 2021, the State has approved and funded 122 applications, totaling $982,276.76 in grant awards. Staff is finalizing the Program and will be submitting the final few applications for State approval in the next week, pending receipt of all required applicant documentation. Page 346 Item#16. AGREEMENT BETWEEN CITY OF MERIDIAN AND BURKS WEALTH MANAGEMENT,INC. DBA MUSTARD SEED FINANCIAL FOR IDAHO REBOUNDS--MUNICIPAL SMALL BUSINESS GRANT FUNDS This Agreement is entered into this 23rd day of February , 2021 by and between the City of Meridian,a municipal corporation organized under the laws of the state of Idaho ("City") and Burks Wealth Management, Inc. dba Mustard Seed Financial, a general business corporation organized under the laws of the state of Idaho("Grantee"). WHEREAS,having received federal financial assistance, as such term is defined in 2 CFR S 200.40, from the Coronavirus Relief Fund,designated within Title V, section 5001 of the Coronavirus Aid, Relief, and Economic Security Act, P.L. 116-136,42 U.S.C. § 601 of seq. (the"CARES Act"),the State of Idaho ("State") created the Idaho Rebounds—Municipal Small Business Grant ("MSBG") program to help local businesses and organizations affected by COVID-19 pandemic, enabling cities and counties to provide aid within their community, including by the provision of economic support to those suffering from employment or business interruptions due to COVED-1 9-related business closures or limitations; and WHEREAS, pursuant to the State's approval of Meridian's MSBG program on September 11, 2020, City seeks to disburse MSBG funds to Meridian small businesses for the reimbursement of expenses incurred due to the COVID-19 pandemic,as set forth in Title V, section 5001 of the CARES Act; Idaho Governor's Executive Order Nos. 2020-07,2020-08,and 2020-08A; U.S.Treasury's Coronavirus Relief Fund Guidance for State,Territorial, Local,and Tribal Governments (Dated June 30, 2020); Idaho Rebounds—Municipal Small Business Grant Program Description and Guidance; and the City's MSBG program guidelines(collectively, "MSBG Rules"); and WHEREAS,Grantee submitted to City a complete application for MSBG funds, including all related materials; and City and Grantee wish to enter into a cooperative agreement for the investment of MSBG funds for the purposes described therein; and WHEREAS, it is acknowledged by the Parties that although the State has approved the Meridian MSBG program and has generally committed the funds as set forth in this Agreement for such purpose, availability of these funds to City, and thus to Grantee, is subject to the State's approval of Grantee's application and release of such funds to City,and that City's obligation to provide funding to Grantee under this Agreement is provisional, pending the approval and release of such funds to City; NOW,THEREFORE, in consideration of the mutual covenants of the parties, the Parties agree as follows: I. STATEMENT OF WORK A. Activities. Grantee shall use City's MSBG funds in an amount not to exceed fifteen thousand dollars ($15,000), for the approved expenses, as set forth in Exhibit A. Grantee shall utilize MSBG funds granted hereunder in a manner consistent with this Agreement,the MSBG Rules. B. Current eligibility. Grantee certifies that Grantee is eligible to receive MSBG funds, and that Grantee meets each of the following criteria: MSBG GRANTEE AGREEMENT PAGL I Page 347 Item#16. 1. Grantee has 500 or fewer employees. 2. Grantee is a business operating in the City of Meridian, Idaho city limits. 3. Grantee has an official EIN. 4. Grantee is an Idaho-domiciled business. 5. Grantee incurred and paid the expenses for which the MSBG funds are awarded. 6. Grantee has incurred expense caused by COVID-19 related incidents, decisions, or qualified business interruption (e.g., local closure orders, need for personal protective equipment, social distancing requirements, increased costs,disrupted supply network, etc.). 7. The expenses for which the MSBG funds are awarded were incurred between June 20, 2020 and December 30, 2020. 8. Grantee has not received funds for the expenses for which the MSBG funds are awarded from other COVID-19 grant programs. 9. Grantee does not exist for the purpose of advancing partisan political activities or the business does not directly lobby federal or state officials, defined as having had a registered lobbyist at any point during 2020. 10. Grantee is compliant in all respects with all COVID-19 related orders, laws,ordinances, and regulations. C. Ongoing eligibility; duplication of benefits. Grantee shall notify City immediately if, for any reason, Grantee no longer qualifies for MSBG funds due to a change in compliance with one or more of the enumerated eligibility criteria. If Grantee receives or applies for other funding sources for the expenses described in this Agreement, Grantee shall immediately notify the City's Economic Development Administrator. D. Reimbursement Procedures. City shall provide to Grantee the MSBG funds awarded for the approved expenses, as set forth in Exhibit A, up to fifteen thousand dollars ($15,000.00), within thirty(30)days of receipt of the specified funds by City. E. Disclosure and retention of records. Grantee acknowledges and understands that records submitted for the purposes of applying for MSBG funds; compliance with the terms of this Agreement or law; and/or audit by City, State, or federal agency shall be public records subject to disclosure by City and/or State pursuant to such agencies' respective obligations to comply with the Idaho Public Records Act("IPRA"), and may be posted online by the State of Idaho. Insofar as such records are exempt from disclosure under IPRA or other provision of law, City shall make reasonable efforts to avoid and/or prevent their disclosure. Grantee shall retain all records pertinent to the expenditures incurred under this Agreement for a period of five (5)years after completion of all activities funded under this Agreement. The name of the business and the amount of grant funds received will be identified on the transparent.idaho.gov website and on the City of Meridian's Economic Development webpage, and may be disclosed upon request in accordance with the Idaho Public Records Act. II. GENERAL CONDITIONS A. Contingent on funding. It is acknowledged by the Parties that although the State has approved the Meridian MSBG program and the State has generally committed the funds as set forth in this Agreement for such purpose, availability of MSBG funds to City, and thus to Grantee, is subject to the State's approval of Grantee's application and release of such funds to City. Unless and until the State approves Grantee's application and releases the funds to City, City shall have no MSBG GRANTEE AGREEMENT PAGE 2 Page 348 Item#16. contractual, legal,or equitable obligation to Grantee, whether under this Agreement or by any other legal or equitable claim. In the event that MSBG funds for the purposes set forth in this Agreement are not made available to City, this Agreement shall be void,and City shall have no obligation to Grantee, whether under this Agreement or under any legal or equitable claim. B. Notices. All notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when personally served, or mailed in the United States mail, addressed as follows: If to City: If to Grantee: City of Meridian Burks Wealth Management, Inc. dba Mustard Attn: Economic Development Administrator Seed Financial 33 E. Broadway Avenue ATTN: Brian Burks, President Meridian, Idaho 83642 501 S. Main St. Meridian, ID 83642 Either party may change its authorized representative and/or address for the purpose of this paragraph by giving written notice of such change to the other party in the manner herein provided. C. Indemnity. Grantee, and each and all of its employees,agents, contractors,officials, officers, servants, guests, and/or invitees shall hold harmless, defend and indemnify City from and for all losses, claims,actions, liabilities,and/or judgments for: damages or injury to persons or property and/or losses and expenses caused or incurred by Grantee and/or its employees, agents, contractors, officials, officers, servants, guests, and/or invitees; and other costs, including litigation costs and attorneys' fees, arising out of, resulting from, or in connection with the performance of this Agreement and not caused by or arising out of the tortious conduct of City or any employee, contractor,or agent thereof Grantee acknowledges that participation in this program carries risks, some of which may be unknown,and does agree to assume all such known or unknown risks. D. Uniform compliance requirements. Grantee shall comply with applicable uniform administrative requirements,cost principles, and audit requirements for federal awards, as described in 2 CFR §§ 200 et. seq. E. Nondiscrimination. Grantee will not discriminate against any employee or applicant for employment or services because of race, color, creed, religion,ancestry, national origin, sex, disability or other handicap, age, marital status or status with regard to public assistance. F. Termination. Either Party may terminate this Agreement for cause by providing written notice to the other of the basis of termination. The defaulting Party shall have five (5)days to cure the deficiency or non-compliance. If the deficiency or non-compliance is not cured within this time period, the other Party shall terminate this Agreement for cause. In addition to termination of this Agreement and/or any other remedies as provided by law, City may declare Grantee ineligible for any further participation in City grant programming. I. Termination for convenience. City may terminate this Agreement by, at least thirty (30)days before the effective date of such termination, giving written notice to Grantee of such termination and specifying the effective date thereof. 2. Termination for cause. Termination of this Agreement, in whole or in part, may occur for cause,which shall include, but shall not be limited to, the following: a. Failure to comply with any provision of this Agreement, the MSBG Rules, or any rule, MSBG GRANTEE AGREEMENT PAGE 3 Page 349 Item#16. regulation, statute,executive order, or U.S. Treasury, State,or City guideline, policy or directive as may become applicable at any time; b. Failure to fulfill in a timely and proper manner its obligations under this Agreement; c. Improper use of funds provided under this Agreement; or d. Submission of receipts, reports, or documents that are incorrect or incomplete in any material respect. 3. Void if funds not available. In the event that MSBG funds for the purposes set forth in this Agreement are not made available to City, this Agreement shall be void, and City shall have no obligation to Grantee, whether under this Agreement or under any legal or equitable claim. G. Repayment. In the event of termination for cause attributable to Grantee's acts or omissions, Grantee shall, within fourteen (I4) days of City's demand, reimburse City for all MSBG funds disbursed. H. Assignment. Grantee shall not assign or transfer any interest in this agreement without prior written consent of City. I. Non-waiver. Failure of either party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any party's right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time, notwithstanding delay in enforcement. J. Compliance with law. Throughout the course of this Agreement, Grantee shall comply with any and all applicable federal, state,and local laws. K. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. L. Entire Agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. The parties hereto may amend this Agreement at any time provided that such amendments are executed in writing, approved by City's governing body, and signed by a duly authorized representative of each party. IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers to be effective as of the day and year first above written. GRANTEE: Burks Wealth Management, Inc. dba Mustard Seed Financial 6 _ _ _ Brian Burks, President CITY: City of Meridian Attest: By: Robert E. Simison, Mayor 2-23-2021 Chris Johnson, City Clerk 2-23-2021 MSBG GRANTEE AGREEMI NT PAGE 4 Page 350 Item#16. EXHIBIT A: APPROVED EXPENSES Eligible Expense Amount Rent-July 2100.00 Rent-August 2100.00 Rent-September 2100.00 Rent-October 2100.00 Rent-November 2100.00 Rent-December 2100.00 Dell Monitor and Equipment 993.80 Dell Desktop and Equipment 878.72 Dell Laptop and Equipment 527.48 Total Eligible Expenses 15,000.00 MS$G GRANTEE AGREEMENT PAGE 5 Page 351 Item#16. AGREEMENT BETWEEN CITY OF MERIDIAN AND ERYKANE LLC FOR IDAHO REBOUNDS—MUNICIPAL SMALL BUSINESS GRANT FUNDS This Agreement is entered into this 8 day of Feb111MY, 2021 by and between the City of Meridian, a municipal corporation organized under the laws of the state of Idaho ("City") and Erykane LLC, a limited liability company organized under the laws of the state of Idaho ("Grantee"). WHEREAS,having received federal financial assistance, as such term is defined in 2 CFR § 200.40, from the Coronavirus Relief Fund, designated within Title V, section 5001 of the Coronavirus Aid, Relief, and Economic Security Act, P.L. 116-136, 42 U.S.C. § 601 et seq. (the "CARES Act"), the State of Idaho ("State") created the Idaho Rebounds—Municipal Small Business Grant ("MSBG") program to help local businesses and organizations affected by COVID-19 pandemic, enabling cities and counties to provide aid within their community, including by the provision of economic support to those suffering from employment or business interruptions due to COVID-19-related business closures or limitations; and WHEREAS,pursuant to the State's approval of Meridian's MSBG program on September 11, 2020, City seeks to disburse MSBG funds to Meridian small businesses for the reimbursement of expenses incurred due to the COVID-19 pandemic, as set forth in Title V, section 5001 of the CARES Act; Idaho Governor's Executive Order Nos. 2020-07, 2020-08, and 2020-08A; U.S. Treasury's Coronavirus Relief Fund Guidance for State, Territorial, Local, and Tribal Governments (Dated June 30, 2020); Idaho Rebounds—Municipal Small Business Grant Program Description and Guidance; and the City's MSBG program guidelines (collectively, "MSBG Rules"); and WHEREAS, Grantee submitted to City a complete application for MSBG funds, including all related materials; and City and Grantee wish to enter into a cooperative agreement for the investment of MSBG funds for the purposes described therein; and WHEREAS, it is acknowledged by the Parties that although the State has approved the Meridian MSBG program and has generally committed the funds as set forth in this Agreement for such purpose, availability of these funds to City, and thus to Grantee, is subject to the State's approval of Grantee's application and release of such funds to City, and that City's obligation to provide funding to Grantee under this Agreement is provisional,pending the approval and release of such funds to City; NOW, THEREFORE, in consideration of the mutual covenants of the parties, the Parties agree as follows: I. STATEMENT OF WORK A. Activities. Grantee shall use City's MSBG funds in an amount not to exceed nine thousand forty nine dollars and twenty seven cents ($9,049.27), for the approved expenses, as set forth in Exhibit A. Grantee shall utilize MSBG funds granted hereunder in a manner consistent with this Agreement, the MSBG Rules. B. Current eligibility. Grantee certifies that Grantee is eligible to receive MSBG funds, and that Grantee meets each of the following criteria: Page 352 MSBG GRANTEE AGREEMENT PAGE 1 Item#16. ee has 500 or fewer employees. 2. Grantee is a business operating in the City of Meridian, Idaho city limits. 3. Grantee has an official EIN. 4. Grantee is an Idaho-domiciled business. 5. Grantee incurred and paid the expenses for which the MSBG funds are awarded. 6. Grantee has incurred expense caused by COVID-19 related incidents, decisions, or qualified business interruption (e.g., local closure orders, need for personal protective equipment, social distancing requirements, increased costs, disrupted supply network, etc.). 7. The expenses for which the MSBG funds are awarded were incurred between June 20, 2020 and December 30, 2020. 8. Grantee has not received funds for the expenses for which the MSBG funds are awarded from other COVID-19 grant programs. 9. Grantee does not exist for the purpose of advancing partisan political activities or the business does not directly lobby federal or state officials, defined as having had a registered lobbyist at any point during 2020. 10. Grantee is compliant in all respects with all COVID-19 related orders, laws, ordinances, and regulations. C. Ongoing eligibility; duplication of benefits. Grantee shall notify City immediately if, for any reason, Grantee no longer qualifies for MSBG funds due to a change in compliance with one or more of the enumerated eligibility criteria. If Grantee receives or applies for other funding sources for the expenses described in this Agreement, Grantee shall immediately notify the City's Economic Development Administrator. D. Reimbursement Procedures. City shall provide to Grantee the MSBG funds awarded for the approved expenses, as set forth in Exhibit A, up to fifteen thousand dollars ($15,000.00), within thirty(30) days of receipt of the specified funds by City. E. Disclosure and retention of records. Grantee acknowledges and understands that records submitted for the purposes of applying for MSBG funds; compliance with the terms of this Agreement or law; and/or audit by City, State, or federal agency shall be public records subject to disclosure by City and/or State pursuant to such agencies' respective obligations to comply with the Idaho Public Records Act("IPRA"), and may be posted online by the State of Idaho. Insofar as such records are exempt from disclosure under IPRA or other provision of law, City shall make reasonable efforts to avoid and/or prevent their disclosure. Grantee shall retain all records pertinent to the expenditures incurred under this Agreement for a period of five (5) years after completion of all activities funded under this Agreement. The name of the business and the amount of grant funds received will be identified on the transparent.idaho.gov website and on the City of Meridian's Economic Development webpage, and may be disclosed upon request in accordance with the Idaho Public Records Act. IL GENERAL CONDITIONS A. Contingent on funding. It is acknowledged by the Parties that although the State has approved the Meridian MSBG program and the State has generally committed the funds as set forth in this Agreement for such purpose, availability of MSBG funds to City, and thus to Grantee, is subject to the State's approval of Grantee's application and release of such funds to City. Unless and until the State approves Grantee's application and releases the funds to City, City shall have n� Page 353 MSBG GRANTEE AGREEMENT PAGE 2 Le-#16J. 1, legal, or equitable obligation to Grantee, whether under this Agreement or by any other legal or equitable claim. In the event that MSBG funds for the purposes set forth in this Agreement are not made available to City, this Agreement shall be void, and City shall have no obligation to Grantee, whether under this Agreement or under any legal or equitable claim. B. Notices. All notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when personally served, or mailed in the United States mail, addressed as follows: If to City: If to Grantee: City of Meridian Erykane LLC Attn: Economic Development Administrator ATTN: Dane Jensen, Owner 33 E. Broadway Avenue 450 S Meridian Rd Meridian, Idaho 83642 Meridian, ID 83642 Either party may change its authorized representative and/or address for the purpose of this paragraph by giving written notice of such change to the other party in the manner herein provided. C. Indemnity. Grantee, and each and all of its employees, agents, contractors, officials, officers, servants, guests, and/or invitees shall hold harmless, defend and indemnify City from and for all losses, claims, actions, liabilities, and/or judgments for: damages or injury to persons or property and/or losses and expenses caused or incurred by Grantee and/or its employees, agents, contractors, officials, officers, servants, guests, and/or invitees; and other costs, including litigation costs and attorneys' fees, arising out of, resulting from, or in connection with the performance of this Agreement and not caused by or arising out of the tortious conduct of City or any employee, contractor, or agent thereof. Grantee acknowledges that participation in this program carries risks, some of which may be unknown, and does agree to assume all such known or unknown risks. D. Uniform compliance requirements. Grantee shall comply with applicable uniform administrative requirements, cost principles, and audit requirements for federal awards, as described in 2 CFR §§ 200 et. seq. E. Nondiscrimination. Grantee will not discriminate against any employee or applicant for employment or services because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital status or status with regard to public assistance. F. Termination. Either Party may terminate this Agreement for cause by providing written notice to the other of the basis of termination. The defaulting Party shall have five (5) days to cure the deficiency or non-compliance. If the deficiency or non-compliance is not cured within this time period, the other Party shall terminate this Agreement for cause. In addition to termination of this Agreement and/or any other remedies as provided by law, City may declare Grantee ineligible for any further participation in City grant programming. 1. Termination for convenience. City may terminate this Agreement by, at least thirty(30) days before the effective date of such termination, giving written notice to Grantee of such termination and specifying the effective date thereof. 2. Termination for cause. Termination of this Agreement, in whole or in part, may occur for cause, which shall include, but shall not be limited to, the following: a. Failure to comply with any provision of this Agreement, the MSBG Rules, or any regulation, statute, executive order, or U.S. Treasury, State, or City guideline,poli Page 354 MSBG GRANTEE AGREEMENT PAGE 3 Item#16. rective as may become applicable at any time; b. Failure to fulfill in a timely and proper manner its obligations under this Agreement; c. Improper use of funds provided under this Agreement; or d. Submission of receipts,reports, or documents that are incorrect or incomplete in any material respect. 3. Void if funds not available. In the event that MSBG funds for the purposes set forth in this Agreement are not made available to City, this Agreement shall be void, and City shall have no obligation to Grantee,whether under this Agreement or under any legal or equitable claim. G. Repayment. In the event of termination for cause attributable to Grantee's acts or omissions, Grantee shall,within fourteen (14) days of City's demand,reimburse City for all MSBG funds disbursed. H. Assignment. Grantee shall not assign or transfer any interest in this agreement without prior written consent of City. I. Non-waiver. Failure of either party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any party's right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time, notwithstanding delay in enforcement. J. Compliance with law. Throughout the course of this Agreement, Grantee shall comply with any and all applicable federal, state, and local laws. K. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. L. Entire Agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written,whether previous to the execution hereof or contemporaneous herewith. The parties hereto may amend this Agreement at any time provided that such amendments are executed in writing, approved by City's governing body, and signed by a duly authorized representative of each party. IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers to be effective as of the day and year first above written. GRANTEE: Erykane LLC Dane Jensen, Owner CITY: City of Meridian Attest: By: Robert E. Simison, Mayor 2-23-2021 Chris Johnson, City Clerk 2-23-2021 MSBG GRANTEE AGREEMENT PAGE 4 Item#16. EXHIBIT A: APPROVED EXPENSES Eligible Expense Amount Idaho Power-January 30.75 Ruby Glove -disinfectant, gloves 8/11/20 112.15 Ruby Glove-gloves 9/15/20 105.58 Ruby Glove-gloves 10/13/20 26.39 Ruby Glove -gloves 7/7/20 52.21 Ruby Glove -gloves 12/8/20 36.78 Ruby Glove -gloves, disinfectant 11/18/20 94.61 Ruby Glove -gloves, disinfectant 10/29/20 143.20 Ruby Glove-gloves 11/10/20 105.58 Ruby Glove-gloves 12/17/20 110.35 Ruby Glove-gloves 12/1/20 105.58 Ruby Glove-gloves 9/29/2020 52.78 Ruby Glove-gloves 7/21/20 52.21 Ruby Glove-gloves 9/1/20 83.53 Ruby Glove-gloves 7/14/20 73.09 Ruby Glove-gloves 7/28/20 52.21 Ruby Glove-gloves 8/25/20 62.65 Ruby Glove-disinfectant 6/23/20 28.62 Ruby Glove-gloves, disinfectant 9/22/20 94.61 Ruby Glove-gloves 10/8/20 79.18 Rent-June 588.21 Rent-Jul 1589.75 Rent-August 1589.75 Rent-September 1589.75 Rent-October 1589.75 Rent- November 600.00 Total Eligible Expenses 9,049.27 Page 356 MSBG GRANTEE AGREEMENT PAGE 5 Item#16. FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF MERIDIAN AND HART E BEAL, INC FOR IDAHO REBOUNDS—MUNICIPAL SMALL BUSINESS GRANT FUNDS This First Amendment to Agreement Between City of Meridian and Hart E Beal,Inc for Idaho ROOT&—Municipal Small Business Grant Funds ("First Amendment") is entered into this day of 2021 ("Effective Date"),by and between the City of Meridian, a municipal corporation organized der the laws of the State of Idaho ("City") and Hart E Beal, Inc, a general business corporation organized under the laws of the state of Idaho ("Grantee"). WHEREAS,the Parties seek by this First Amendment to modify the Agreement Between City of Meridian and Grantee for Idaho Rebounds—Municipal Small Business Grant Funds ("Agreement"); NOW, THEREFORE, in consideration of the mutual covenants of the parties, the Parties agree as follows: I. SECTION I.A.AMENDED. Section I.A of the Agreement shall be amended to read as follows: A.Activities. Grantee shall use City's MSBG funds in an amount not to exceed four hundred nine dollars and thirty five cents ($409.35), for the approved expenses, as set forth in Exhibit A. Grantee shall utilize MSBG funds granted hereunder in a manner consistent with this Agreement,the MSBG Rules. II. SECTION I.D AMENDED. Section I.D of the Agreement shall be amended to read as follows: D.Reimbursement Procedures. City shall provide to Grantee the MSBG funds awarded for the approved expenses, as set forth in Exhibit A,up to fifteen thousand dollars ($15,000.00),within thirty (30)days of receipt of the specified funds by City. III.NO ADDITIONAL MODIFICATIONS. The Parties agree that except as expressly modified by this First Amendment, all provisions of the original Agreement, including recitals and exhibits thereto, shall remain in full force and effect. No other understanding,whether oral or written, whether made prior to or contemporaneously with this First Amendment shall be deemed to enlarge, limit or otherwise affect the operation of the Agreement or this amendment thereto. IN WITNESS WHEREOF, the parties shall cause this First Amendment to be executed by their duly authorized officers to be effective as of the Effective Date first above written. GRANTEE: Hart E4er Hart CITY OF MERIDIAN: By, Attest: Robert E. Simison,Mayor 2-23-2021 Chris Johnson, City Clerk 2-23-2021 FIRST AMENDMENT TO MSBG AGREEMENT PAGE I page 357 Item#16. EXHIBIT A: APPROVED EXPENSES Previously Requested E enses Eligible Expense Amount Sparklight-July 55.00 Sparklight-August 55.00 Sparklight-September 55.00 Sparklight-October 55.00 Sprint-July 138.42 Sprint-August 148.42 Sprint-September 1 160.98 Total Eligible Expenses 667.82 Current Request Eligible Expense Amount Sparklight-November 55.00 Sparklight-December 42.35 Sprint-October 156.00 Sprint-November 156.00 Total Eligible Expenses 409.35 FIRST AMENDMENT TO MSBG AGREEMENT PAGE 2 Page 358 Item#16. FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF MERIDIAN AND LOUIE'S PIZZA &ITALIAN RESTAURANT,INC. FOR IDAHO REBOUNDS—MUNICIPAL SMALL BUSINESS GRANT FUNDS This First Amendment to Agreement Between City of Meridian and Louie's Pizza&Italian Restaurant, Inc. for Idaho Reboun s—Municipal Small Business Grant Funds ("First Amendment") is entered into this day of ,JeD 2021 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City") and Louie's Pizza&Italian Restaurant, Inc., a general business corporation organized under the laws of the state of Idaho ("Grantee"). WHEREAS,the Parties seek by this First Amendment to modify the Agreement Between City of Meridian and Grantee for Idaho Rebounds—Municipal Small Business Grant Funds ("Agreement"); NOW, THEREFORE,in consideration of the mutual covenants of the parties, the Parties agree as follows: I. SECTION I.A.AMENDED. Section I.A of the Agreement shall be amended to read as follows: A. Activities. Grantee shall use City's MSBG funds in an amount not to exceed five thousand twenty eight dollars and sixty nine cents ($5,028.69), for the approved expenses, as set forth in Exhibit A. Grantee shall utilize MSBG funds granted hereunder in a manner consistent with this Agreement, the MSBG Rules. IL SECTION LD AMENDED. Section I.D of the Agreement shall be amended to read as follows: D. Reimbursement Procedures. City shall provide to Grantee the MSBG funds awarded for the approved expenses, as set forth in Exhibit A, up to fifteen thousand dollars ($15,000.00),within thirty (30) days of receipt of the specified funds by City. III.No ADDITIONAL MODIFICATIONS. The Parties agree that except as expressly modified by this First Amendment, all provisions of the original Agreement, including recitals and exhibits thereto, shall remain in full force and effect. No other understanding, whether oral or written, whether made prior to or contemporaneously with this First Amendment shall be deemed to enlarge, limit or otherwise affect the operation of the Agreement or this amendment thereto. Page 359 FIRST AMENDMENT TO MSBG AGREEMENT PAGE 1 Item#16. IN WITNESS WHEREOF,the parties shall cause this First Amendment to be executed by their duly authorized officers to be effective as of the Effective Date first above written. GRANTEE: Lo e's Pizza Itali n Restaurant, Inc. Lisa Grover,Accountant CITY OF MERIDIAN: BY: Attest: Robert E. Simison, Mayor 2-23-2021 Chris Johnson, City Clerk 2-23-2021 FIRST AMENDMENT TO MSBG AGREEMENT PAGE 2 Page 360 Item#16. BIT A: APPROVED EXPENSES Previously Requested Expenses Eligible Expense Amount Grasmick-gloves(6/29/20—9/28/20) 2362.83 Shamrock-PPE(6/20/20—9/30/20) 2076.91 econobox-paper for tabletops(10/6/20) 600.31 Sysco-PPE(7/10/20-9/4/20) 510.33 Sysco-PPE(10/6/20-10/13/20) 1311.07 Amazon-gloves(10/13/20) 1727.70 Amazon-gloves(10/13/20) 1382.16 Total Eligible Expenses 9,971.31 Current Request Eligible Expense Amount Grasmick-gloves(10/3/20-12/4/20 499.50 Shamrock-PPE(10/1/20-11/30/20) 171.27 Sysco-PPE(11/6/20-12/18/20) 4500.53 Total Eligible Expenses 5,171.30 Approved Amount 5,028.69 Page 361 FIRST AMENDMENT TO MSBG AGREEMENT PAGE 3 Item#16. AGREEMENT BETWEEN CITY OF MERIDIAN AND LUCKY FINS, LLC FOR IDAHO REBOUNDS—MUNICIPAL SMALL BUSINESS GRANT FUNDS This Agreement is entered into this 23rd day of February , 2021 by and between the City of Meridian, a municipal corporation organized under the laws of the state of Idaho ("City") and Lucky Fins, LLC, a limited liability company organized under the laws of the state of Idaho ("Grantee"). WHEREAS,having received federal financial assistance, as such term is defined in 2 CFR § 200.40, from the Coronavirus Relief Fund, designated within Title V, section 5001 of the Coronavirus Aid, Relief, and Economic Security Act, P.L. 116-136, 42 U.S.C. § 601 et seq. (the "CARES Act"), the State of Idaho ("State") created the Idaho Rebounds—Municipal Small Business Grant("MSBG") program to help local businesses and organizations affected by COVID-19 pandemic, enabling cities and counties to provide aid within their community, including by the provision of economic support to those suffering from employment or business interruptions due to COVID-19-related business closures or limitations; and WHEREAS,pursuant to the State's approval of Meridian's MSBG program on September 11, 2020, City seeks to disburse MSBG funds to Meridian small businesses for the reimbursement of expenses incurred due to the COVID-19 pandemic, as set forth in Title V, section 5001 of the CARES Act; Idaho Governor's Executive Order Nos. 2020-07, 2020-08, and 2020-08A; U.S. Treasury's Coronavirus Relief Fund Guidance for State, Territorial, Local, and Tribal Governments (Dated June 30, 2020); Idaho Rebounds—Municipal Small Business Grant Program Description and Guidance; and the City's MSBG program guidelines (collectively, "MSBG Rules"); and WHEREAS, Grantee submitted to City a complete application for MSBG funds, including all related materials; and City and Grantee wish to enter into a cooperative agreement for the investment of MSBG funds for the purposes described therein; and WHEREAS, it is acknowledged by the Parties that although the State has approved the Meridian MSBG program and has generally committed the funds as set forth in this Agreement for such purpose, availability of these funds to City, and thus to Grantee, is subject to the State's approval of Grantee's application and release of such funds to City, and that City's obligation to provide funding to Grantee under this Agreement is provisional, pending the approval and release of such funds to City; NOW, THEREFORE, in consideration of the mutual covenants of the parties, the Parties agree as follows: 1. STATEMENT OF WORK A. Activities. Grantee shall use City's MSBG funds in an amount not to exceed fifteen thousand dollars ($15,000), for the approved expenses, as set forth in Exhibit A. Grantee shall utilize MSBG funds granted hereunder in a manner consistent with this Agreement, the MSBG Rules. B. Current eligibility. Grantee certifies that Grantee is eligible to receive MSBG funds, and that Grantee meets each of the following criteria: 1. Grantee has 500 or fewer employees. MSBG GRANTEE AGREEMENT PAGE 1 page 362 Item#16. 2. Grantee is a business operating in the City of Meridian, Idaho city limits. 3. Grantee has an official EIN. 4. Grantee is an Idaho-domiciled business. 5. Grantee incurred and paid the expenses for which the MSBG funds are awarded. 6. Grantee has incurred expense caused by COVID-19 related incidents, decisions, or qualified business interruption(e.g., local closure orders, need for personal protective equipment, social distancing requirements, increased costs, disrupted supply network, etc.). 7. The expenses for which the MSBG funds are awarded were incurred between June 20, 2020 and December 30, 2020. 8. Grantee has not received funds for the expenses for which the MSBG funds are awarded from other COVID-19 grant programs. 9. Grantee does not exist for the purpose of advancing partisan political activities or the business does not directly lobby federal or state officials, defined as having had a registered lobbyist at any point during 2020. 10. Grantee is compliant in all respects with all COVID-19 related orders, laws, ordinances, and regulations. C. Ongoing eligibility; duplication of benefits. Grantee shall notify City immediately if, for any reason, Grantee no longer qualifies for MSBG funds due to a change in compliance with one or more of the enumerated eligibility criteria. If Grantee receives or applies for other funding sources for the expenses described in this Agreement, Grantee shall immediately notify the City's Economic Development Administrator. D. Reimbursement Procedures. City shall provide to Grantee the MSBG funds awarded for the approved expenses, as set forth in Exhibit A, up to fifteen thousand dollars ($15,000.00), within thirty(30) days of receipt of the specified funds by City. E. Disclosure and retention of records. Grantee acknowledges and understands that records submitted for the purposes of applying for MSBG funds; compliance with the terms of this Agreement or law; and/or audit by City, State, or federal agency shall be public records subject to disclosure by City and/or State pursuant to such agencies' respective obligations to comply with the Idaho Public Records Act("IPRA"), and may be posted online by the State of Idaho. Insofar as such records are exempt from disclosure under IPRA or other provision of law, City shall make reasonable efforts to avoid and/or prevent their disclosure. Grantee shall retain all records pertinent to the expenditures incurred under this Agreement for a period of five (5) years after completion of all activities funded under this Agreement. The name of the business and the amount of grant funds received will be identified on the transparent.idaho.gov website and on the City of Meridian's Economic Development webpage, and may be disclosed upon request in accordance with the Idaho Public Records Act. IL GENERAL CONDITIONS A. Contingent on funding. It is acknowledged by the Parties that although the State has approved the Meridian MSBG program and the State has generally committed the funds as set forth in this Agreement for such purpose, availability of MSBG funds to City, and thus to Grantee, is subject to the State's approval of Grantee's application and release of such funds to City. Unless and until the State approves Grantee's application and releases the funds to City, City shall have no contractual, legal, or equitable obligation to Grantee,whether under this Agreement or by any other MSBG GRANTEE AGREEMENT PAGE 2 page 363 Item#16. legal or equitable claim. In the event that MSBG funds for the purposes set forth in this Agreement are not made available to City, this Agreement shall be void, and City shall have no obligation to Grantee, whether under this Agreement or under any legal or equitable claim. B. Notices. All notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when personally served, or mailed in the United States mail, addressed as follows: If to City: If to Grantee: City of Meridian Lucky Fins, LLC Attn: Economic Development Administrator ATTN: David Stearns, Owner 33 E. Broadway Avenue 877 W. Main St. Meridian, Idaho 83642 Boise, ID 83702 Either party may change its authorized representative and/or address for the purpose of this paragraph by giving written notice of such change to the other party in the manner herein provided. C. Indemnity. Grantee, and each and all of its employees, agents, contractors, officials, officers, servants, guests, and/or invitees shall hold harmless, defend and indemnify City from and for all losses, claims, actions, liabilities, and/or judgments for: damages or injury to persons or property and/or losses and expenses caused or incurred by Grantee and/or its employees, agents, contractors, officials, officers, servants, guests, and/or invitees; and other costs, including litigation costs and attorneys' fees, arising out of, resulting from, or in connection with the performance of this Agreement and not caused by or arising out of the tortious conduct of City or any employee, contractor, or agent thereof. Grantee acknowledges that participation in this program carries risks, some of which may be unknown, and does agree to assume all such known or unknown risks. D. Uniform compliance requirements. Grantee shall comply with applicable uniform administrative requirements, cost principles, and audit requirements for federal awards, as described in 2 CFR §§ 200 et. seq. E. Nondiscrimination. Grantee will not discriminate against any employee or applicant for employment or services because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital status or status with regard to public assistance. F. Termination. Either Party may terminate this Agreement for cause by providing written notice to the other of the basis of termination. The defaulting Party shall have five (5) days to cure the deficiency or non-compliance. If the deficiency or non-compliance is not cured within this time period, the other Party shall terminate this Agreement for cause. In addition to termination of this Agreement and/or any other remedies as provided by law, City may declare Grantee ineligible for any further participation in City grant programming. 1. Termination for convenience. City may terminate this Agreement by, at least thirty(30) days before the effective date of such termination, giving written notice to Grantee of such termination and specifying the effective date thereof. 2. Termination for cause. Termination of this Agreement, in whole or in part, may occur for cause, which shall include, but shall not be limited to, the following: a. Failure to comply with any provision of this Agreement, the MSBG Rules, or any rule, regulation, statute, executive order, or U.S. Treasury, State, or City guideline,policy or directive as may become applicable at any time; MSBG GRANTEE AGREEMENT PAGE 3 page 364 Item#16. b. Failure to fulfill in a timely and proper manner its obligations under this Agreement; c. Improper use of funds provided under this Agreement; or d. Submission of receipts, reports, or documents that are incorrect or incomplete in any material respect. 3. Void if funds not available. In the event that MSBG funds for the purposes set forth in this Agreement are not made available to City, this Agreement shall be void, and City shall have no obligation to Grantee,whether under this Agreement or under any legal or equitable claim. G. Repayment. In the event of termination for cause attributable to Grantee's acts or omissions, Grantee shall, within fourteen(14) days of City's demand, reimburse City for all MSBG funds disbursed. H. Assignment. Grantee shall not assign or transfer any interest in this agreement without prior written consent of City. I. Non-waiver. Failure of either party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any party's right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time, notwithstanding delay in enforcement. J. Compliance with law. Throughout the course of this Agreement, Grantee shall comply with any and all applicable federal, state, and local laws. K. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. L. Entire Agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written,whether previous to the execution hereof or contemporaneous herewith. The parties hereto may amend this Agreement at any time provided that such amendments are executed in writing, approved by City's governing body, and signed by a duly authorized representative of each party. IN WITNESS WHEREOF,the parties shall cause this Agreement to be executed by their duly authorized officers to be effective as of the day and year first above written. GRANTEE: Lucky Fins, LLC David Stearns, Owner CITY: City of Meridian Attest: By: Robert E. Simison, Mayor 2-23-2021 Chris Johnson, City Clerk 2-23-2021 MSBG GRANTEE AGREEMENT PAGE 4 page 365 Item#16. EXHIBIT A: APPROVED EXPENSES Eligible Expense Amount Rent-October 6981.69 Rent-November 6981.69 Rent-December 6981.69 Total Eligible Expenses 20,945.07 Approved Amount 15,000.00 MSBG GRANTEE AGREEMENT PAGE 5 page 366 Item#16. FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF MERIDIAN AND SALON G FOR IDAHO RESOUNDS—MUNICIPAL SMALL BUSINESS GRANT FUNDS This First Amendment to Agreement Between City of Meridian and Salon G for Idaho Rebounds —Municipal Small Business Grant Funds ("First Amendment") is entered into this 23rd day of February 2021 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City")and Salon G, a sole proprietorship owned by Virginia Patterson, organized under the laws of the state of Idaho ("Grantee"). WHEREAS,the Parties seek by this First Amendment to modify the Agreement Between City of Meridian and Grantee for Idaho Rebounds—Municipal Small Business Grant Funds ("Agreement"); NOW, THEREFORE, in consideration of the mutual covenants of the parties, the Parties agree as follows: L SECTION I.A.AMENDED. Section I.A of the Agreement shall be amended to read as follows: A.Activities. Grantee shall use City's MSBG funds in an amount not to exceed Three Thousand, Four Hundred, Forty-five Dollars and Sixty-nine Cents (3,445.69), for the approved expenses, as set forth in Exhibit A. Grantee shall utilize MSBG fiends granted hereunder in a manner consistent with this Agreement, the MSBG Rules, II. SECTION LD AMENDED. Section I.D of the Agreement shall be amended to read as follows: D. Reimbursement Procedures. City shall provide to Grantee the MSBG funds awarded for the approved expenses, as set forth in Exhibit A,up to fifteen thousand dollars ($15,000.00),within thirty (30) days of receipt of the specified funds by City. III.No ADDITIONAL MODIFICATIONS. The Parties agree that except as expressly modified by this First Amendment, all provisions of the original Agreement, including recitals and exhibits thereto, shall remain in full force and effect. No other understanding, whether oral or written, whether made prior to or contemporaneously with this First Amendment shall be deemed to enlarge, limit or otherwise affect the operation of the Agreement or this amendment thereto. IN WITNESS WHEREOF,the parties shall cause this First Amendment to be executed by their duly authorized officers to be effective as of the Effective Date first above written. GRANTEE: Salon G Virginia Patterson, Owner CITY OF MERIDIAN: BY: Attest: Robert E. Simison, Mayor 2-23-2021 Chris Johnson, City Clerk2-23-2021 Page 367 Item#16. EXHIBIT A: APPROVED EXPENSES Previously Approved Expenses Eligible Expense Amount June Rent(1827.97) Prorated 670.13 July Rent 1827.97 August Rent 1827.97 September Rent 1827.97 October Rent 1827.97 November Rent 1827.97 Idaho Power-July(183.72) Prorated 82.42 Idaho Power-August 243.46 Idaho Power-September 226.06 Idaho Power-October 172.75 Total Eligible Expenses 10,534.67 GRANT AWARD $10,000.00 Current Request Eligible Expense Amount December Rent 1827.97 CenturyLink June(118.64)Prorated 11488 CenturyLink July '120.18 CenturyLink August '120.16 CenwryLink September 120.36 CenturyLink October 120.49 CenturyLink November 120.50 CenturyLink Dec (120.52) Prorated 46.65 Idaho Power- November 163.85 Idaho Power- December 155.94 Total Eligible Expenses- 2nd Round 2,51 1.02 Previously Eligible Unreimbursed Expenses 534.67 GRANT AWARD N2 $3,445.69 Page 368 FIRST AMENDMENT TO MSBG AGREEMENT PAGE 2 Item#16. AGREEMENT BETWEEN CITY OF MERIDIAN AND SPECIALTY SUPPLY LLC FOR IDAHO REBOUNDS—MUNICIPAL SMALL BUSINESS GRANT FUNDS This Agreement is entered into this S F{ day of_4 b , 2021 by and between the City of Meridian, a municipal corporation organized under the laws of the state of Idaho ("City") and Specialty Supply LLC, a limited liability company organized under the laws of the state of Idaho ("Grantee"). WHEREAS, having received federal financial assistance, as such term is defined in 2 CFR § 200.40, from the Coronavirus Relief Fund, designated within Title V, section 5001 of the Coronavirus Aid, Relief, and Economic Security Act, P.L. 116-136, 42 U.S.C. § 601 et seq. (the "CARES Act"), the State of Idaho ("State") created the Idaho Rebounds —Municipal Small Business Grant ("MSBG") program to help local businesses and organizations affected by COVID-I9 pandemic, enabling cities and counties to provide aid within their community, including by the provision of economic support to those suffering from employment or business interruptions due to COVID-I 9-related business closures or limitations; and WHEREAS, pursuant to the State's approval of Meridian's MSBG program on September 11, 2020, City seeks to disburse MSBG funds to Meridian small businesses for the reimbursement of expenses incurred due to the COVID-19 pandemic, as set forth in Title V, section 5001 of the CARES Act; Idaho Governor's Executive Order Nos. 2020-07, 2020-08, and 2020-08A; U.S. Treasury's Coronavirus Relief Fund Guidance for State, Territorial, Local, and Tribal Governments (Dated June 30, 2020); Idaho Rebounds—Municipal Small Business Grant Program Description and Guidance; and the City's MSBG program guidelines (collectively, "MSBG Rules"); and WHEREAS, Grantee submitted to City a complete application for MSBG funds, including all related materials; and City and Grantee wish to enter into a cooperative agreement for the investment of MSBG funds for the purposes described therein; and WHEREAS, it is acknowledged by the Parties that although the State has approved the Meridian MSBG program and has generally committed the funds as set forth in this Agreement for such purpose, availability of these funds to City, and thus to Grantee, is subject to the State's approval of Grantee's application and release of such funds to City, and that City's obligation to provide funding to Grantee under this Agreement is provisional, pending the approval and release of such funds to City; NOW, THEREFORE, in consideration of the mutual covenants of the parties, the Parties agree as follows: I. STATEMENT OF WORK A. Activities. Grantee shall use City's MSBG funds in an amount not to exceed six thousand thirty six dollars and ninety seven cents ($6,036.97), for the approved expenses, as set forth in Exhibit A. Grantee shall utilize MSBG funds granted hereunder in a manner consistent with this Agreement, the MSBG Rules. B. Current eligibility. Grantee certifies that Grantee is eligible to receive MSBG funds, and that MSBG GRANTEE AGREEMENT PAGE 1 Page 369 Item#16. Grantee meets each of the following criteria: I. Grantee has 500 or fewer employees. 2. Grantee is a business operating in the City of Meridian, Idaho city limits. 3. Grantee has an official EIN. 4. Grantee is an Idaho-domiciled business. 5. Grantee incurred and paid the expenses for which the MSBG funds are awarded. 6. Grantee has incurred expense caused by COVID-19 related incidents, decisions, or qualified business interruption (e.g., local closure orders, need for personal protective equipment, social distancing requirements, increased costs, disrupted supply network, etc.). 7. The expenses for which the MSBG funds are awarded were incurred between June 20, 2020 and December 30, 2020. S. Grantee has not received funds for the expenses for which the MSBG funds are awarded from other COVID-19 grant programs. 9. Grantee does not exist for the purpose of advancing partisan political activities or the business does not directly lobby federal or state officials, defined as having had a registered lobbyist at any point during 2020. 10. Grantee is compliant in all respects with all COVID-19 related orders, laws, ordinances, and regulations. C. Ongoing eligibility; duplication of benefits. Grantee shall notify City immediately if, for any reason, Grantee no longer qualifies for MSBG funds due to a change in compliance with one or more of the enumerated eligibility criteria. If Grantee receives or applies for other funding sources for the expenses described in this Agreement, Grantee shall immediately notify the City's Economic Development Administrator. D. Reimbursement Procedures. City shall provide to Grantee the MSBG funds awarded for the approved expenses, as set forth in Exhibit A, up to fifteen thousand dollars ($15,000.00), within thirty(30) days of receipt of the specified funds by City. E. Disclosure and retention of records. Grantee acknowledges and understands that records submitted for the purposes of applying for MSBG funds; compliance with the terms of this Agreement or law; and/or audit by City, State, or federal agency shall be public records subject to disclosure by City and/or State pursuant to such agencies' respective obligations to comply with the Idaho Public Records Act ("IPRA"), and may be posted online by the State of Idaho. Insofar as such records are exempt from disclosure under IPRA or other provision of law, City shall make reasonable efforts to avoid and/or prevent their disclosure. Grantee shall retain all records pertinent to the expenditures incurred under this Agreement for a period of five (5) years after completion of all activities funded under this Agreement. The name of the business and the amount of grant funds received will be identified on the transparent.idaho.gov website and on the City of Meridian's Economic Development webpage, and may be disclosed upon request in accordance with the Idaho Public Records Act. IL GENERAL CONDITIONS A. Contingent on funding. It is acknowledged by the Parties that although the State has approved the Meridian MSBG program and the State has generally committed the funds as set forth in this Agreement for such purpose, availability of MSBG funds to City, and thus to Grantee, is subject to the State's approval of Grantee's application and release of such funds to City. Unless and until MSBG GRANTEE AGREEMENT PAGE 2 Page 370 Item#16. the State approves Grantee's application and releases the funds to City, City shall have no contractual, legal, or equitable obligation to Grantee,whether under this Agreement or by any other legal or equitable claim. In the event that MSBG funds for the purposes set forth in this Agreement are not made available to City,this Agreement shall be void, and City shall have no obligation to Grantee, whether under this Agreement or under any legal or equitable claim. B. Notices. All notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when personally served, or mailed in the United States mail, addressed as follows: If to City: If to Grantee: City of Meridian Specialty Supply LLC Attn: Economic Development Administrator ATTN: Mark Weber, Owner/President 33 E. Broadway Avenue 760 E King St Meridian, Idaho 83642 Meridian, ID 83642 Either party may change its authorized representative and/or address for the purpose of this paragraph by giving written notice of such change to the other party in the manner herein provided. C. Indemnity, Grantee, and each and all of its employees, agents, contractors, officials, officers, servants, guests, and/or invitees shall hold harmless, defend and indemnify City from and for all losses, claims, actions, liabilities, and/or judgments for: damages or injury to persons or property and/or losses and expenses caused or incurred by Grantee and/or its employees, agents, contractors, officials, officers, servants, guests, and/or invitees; and other costs, including litigation costs and attorneys' fees, arising out of, resulting from, or in connection with the performance of this Agreement and not caused by or arising out of the tortious conduct of City or any employee, contractor, or agent thereof Grantee acknowledges that participation in this program carries risks, some of which may be unknown, and does agree to assume all such known or unknown risks. D. Uniform compliance requirements. Grantee shall comply with applicable uniform administrative requirements, cost principles, and audit requirements for federal awards, as described in 2 CFR §§ 200 et. seq. E. Nondiscrimination. Grantee will not discriminate against any employee or applicant for employment or services because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age,marital status or status with regard to public assistance. F. Termination. Either Party may terminate this Agreement for cause by providing written notice to the other of the basis of termination. The defaulting Party shall have five (5) days to cure the deficiency or non-compliance. If the deficiency or non-compliance is not cured within this time period, the other Party shall terminate this Agreement for cause. In addition to termination of this Agreement and/or any other remedies as provided by law, City may declare Grantee ineligible for any further participation in City grant programming. l. Termination for convenience. City may terminate this Agreement by, at least thirty(30) days before the effective date of such termination, giving written notice to Grantee of such termination and specifying the effective date thereof. 2. Termination for cause. Termination of this Agreement, in whole or in part, may occur for cause, which shall include, but shall not be limited to, the following: a. Failure to comply with any provision of this Agreement, the MSBG Rules, or any rule, MSBG GRANTEE AGREEMENT PAGE 3 page 371 Item#16. regulation, statute, executive order, or U.S. Treasury, State, or City guideline, policy or directive as may become applicable at any time; b. Failure to fulfill in a timely and proper manner its obligations under this Agreement; c. Improper use of funds provided under this Agreement; or d. Submission of receipts, reports, or documents that are incorrect or incomplete in any material respect. 3. Void if funds not available. In the event that MSBG funds for the purposes set forth in this Agreement are not made available to City, this Agreement shall be void, and City shall have no obligation to Grantee, whether under this Agreement or under any legal or equitable claim. G. Repayment. In the event of termination for cause attributable to Grantee's acts or omissions, Grantee shall, within fourteen (14) days of City's demand, reimburse City for all MSBG funds disbursed. H. Assignment. Grantee shall not assign or transfer any interest in this agreement without prior written consent of City. 1. Non-waiver. Failure of either party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any party's right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time, notwithstanding delay in enforcement. J. Compliance with law. Throughout the course of this Agreement, Grantee shall comply with any and all applicable federal, state, and local laws. K. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. L. Entire Agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. The parties hereto may amend this Agreement at any time provided that such amendments are executed in writing, approved by City's governing body, and signed by a duly authorized representative of each party. IN WITNESS WHEREOF,the parties shall cause this Agreement to be executed by their duly authorized officers to be effective as of the day and year first above written. GRANTEE: Specialt Supply LLC Mark Weber, Owner 1 President CITY: City of Meridian Attest: By: Robert E. Simison, Mayor 2-23-2021 Chris Johnson, City Clerk 2-23-2021 MSBG GRANTEE AGREEMENT PAGE 4 page 372 Item#16. EXHIBIT A: APPROVED EXPENSES Eligible Expense Amount Rent-June 323.94 Rent-July 875.5 Rent-August 901.77 Rent-September 901,77 Rent-October 901.77 Rent-November 901.77 Rent-December 901.77 Idaho Power-August 119.07 Idaho Power-September 101.85 Idaho Power-October 55 Idaho Power-November 52.76 Total Eligible Expenses 6,036.97 MS$G GRANTEE AGREEMENT PAGE 5 page 373 Item#16. AGREEMENT BETWEEN CITY OF MERIDIAN AND ST. IGNATIUS CATHOLIC SCHOOL FOR IDAHO REBOUNDS—MUNICIPAL SMALL BUSINESS GRANT FUNDS This Agreement is entered into this St day of Feh ram, 2021 by and between the City of Meridian, a municipal corporation organized under the laws of the state of Idaho ("City") and St. Ignatius Catholic School, a nonprofit organization organized under the laws of the state of Idaho ("Grantee"). WHEREAS,having received federal financial assistance, as such term is defined in 2 CFR § 200.40, from the Coronavirus Relief Fund, designated within Title V, section 5001 of the Coronavirus Aid, Relief, and Economic Security Act, P.L. 116-136,42 U.S.C. § 601 et seq. (the "CARES Act"), the State of Idaho ("State") created the Idaho Rebounds—Municipal Small Business Grant ("MSBG") program to help local businesses and organizations affected by COVID-19 pandemic, enabling cities and counties to provide aid within their community, including by the provision of economic support to those suffering from employment or business interruptions due to COVID-19-related business closures or limitations; and WHEREAS,pursuant to the State's approval of Meridian's MSBG program on September 11, 2020, City seeks to disburse MSBG funds to Meridian small businesses for the reimbursement of expenses incurred due to the COVID-19 pandemic, as set forth in Title V, section 5001 of the CARES Act; Idaho Governor's Executive Order Nos. 2020-07, 2020-08, and 2020-08A; U.S. Treasury's Coronavirus Relief Fund Guidance for State, Territorial, Local, and Tribal Governments (Dated June 30, 2020); Idaho Rebounds—Municipal Small Business Grant Program Description and Guidance; and the City's MSBG program guidelines (collectively, "MSBG Rules"); and WHEREAS, Grantee submitted to City a complete application for MSBG funds, including all related materials; and City and Grantee wish to enter into a cooperative agreement for the investment of MSBG funds for the purposes described therein; and WHEREAS, it is acknowledged by the Parties that although the State has approved the Meridian MSBG program and has generally committed the funds as set forth in this Agreement for such purpose, availability of these funds to City, and thus to Grantee, is subject to the State's approval of Grantee's application and release of such funds to City, and that City's obligation to provide funding to Grantee under this Agreement is provisional, pending the approval and release of such funds to City; NOW, THEREFORE, in consideration of the mutual covenants of the parties, the Parties agree as follows: I. STATEMENT OF WORK A. Activities. Grantee shall use City's MSBG funds in an amount not to exceed fifteen thousand dollars (S 15,000), for the approved expenses, as set forth in Exhibit A. Grantee shall utilize MSBG funds granted hereunder in a manner consistent with this Agreement, the MSBG Rules. B. Current eligibility. Grantee certifies that Grantee is eligible to receive MSBG funds, and that Grantee meets each of the following criteria: MSBG GRANTEE AGREEMENT PAGE 1 Page 374 Item#16. 1. Grantee has 500 or fewer employees. 2. Grantee is a business operating in the City of Meridian, Idaho city limits. 3. Grantee has an official EIN. 4. Grantee is an Idaho-domiciled business. -. Grantee incurred and paid the expenses for which the MSBG funds are awarded. 6. Grantee has incurred expense caused by COVID-19 related incidents, decisions, or qualified business interruption (e.g., local closure orders, need for personal protective equipment, social distancing requirements, increased costs, disrupted supply network, etc.). 7. The expenses for which the MSBG funds are awarded were incurred between June 20, 2020 and December 30, 2020. 8. Grantee has not received funds for the expenses for which the MSBG funds are awarded from other COVID-19 grant programs. 9. Grantee does not exist for the purpose of advancing partisan political activities or the business does not directly lobby federal or state officials, defined as having had a registered lobbyist at any point during 2020. 10. Grantee is compliant in all respects with all COVID-19 related orders, laws, ordinances, and regulations. C. Ongoing eligibility; duplication of benefits. Grantee shall notify City immediately if, for any reason, Grantee no longer qualifies for MSBG funds due to a change in compliance with one or more of the enumerated eligibility criteria. If Grantee receives or applies for other funding sources for the expenses described in this Agreement, Grantee shall immediately notify the City's Economic Development Administrator. D. Reimbursement Procedures. City shall provide to Grantee the MSBG funds awarded for the approved expenses, as set forth in Exhibit A, up to fifteen thousand dollars ($15,000.00), within thirty(30) days of receipt of the specified funds by City. E. Disclosure and retention of records. Grantee acknowledges and understands that records submitted for the purposes of applying for MSBG funds; compliance with the terms of this Agreement or law; and/or audit by City, State, or federal agency shall be public records subject to disclosure by City and/or State pursuant to such agencies' respective obligations to comply with the Idaho Public Records Act ("IPRA"), and may be posted online by the State of Idaho. Insofar as such records are exempt from disclosure under IPRA or other provision of law, City shall make reasonable efforts to avoid and/or prevent their disclosure. Grantee shall retain all records pertinent to the expenditures incurred under this Agreement for a period of five (5) years after completion of all activities funded under this Agreement. The name of the business and the amount of grant funds received will be identified on the transparent.idaho.gov website and on the City of Meridian's Economic Development webpage, and may be disclosed upon request in accordance with the Idaho Public Records Act. II. GENERAL CONDITIONS A. Contingent on funding. It is acknowledged by the Parties that although the State has approved the Meridian MSBG program and the State has generally committed the funds as set forth in this Agreement for such purpose, availability of MSBG funds to City, and thus to Grantee, is subject to the State's approval of Grantee's application and release of such funds to City. Unless and until the State approves Grantee's application and releases the funds to City, City shall have no MSBG GRANTEE AGREEMENT PAGE 2 Page 375 Item#16. contractual, legal, or equitable obligation to Grantee, whether under this Agreement or by any other legal or equitable claim. In the event that MSBG funds for the purposes set forth in this Agreement are not made available to City, this Agreement shall be void, and City shall have no obligation to Grantee, whether under this Agreement or under any legal or equitable claim. B. Notices. All notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when personally served, or mailed in the United States mail, addressed as follows: If to City: If to Grantee: City of Meridian St. Ignatius Catholic School Attn: Economic Development Administrator ATTN: Andrea Kane, Principal 33 E. Broadway Avenue 6180 N Meridian Rd Meridian, Idaho 83642 Meridian, ID 83646 Either party may change its authorized representative and/or address for the purpose of this paragraph by giving written notice of such change to the other party in the manner herein provided. C. Indemnity. Grantee, and each and all of its employees, agents, contractors, officials, officers, servants, guests, and/or invitees shall hold harmless, defend and indemnify City from and for all losses, claims, actions, liabilities, and/or judgments for: damages or injury to persons or property and/or losses and expenses caused or incurred by Grantee and/or its employees, agents, contractors, officials, officers, servants, guests, and/or invitees; and other costs, including litigation costs and attorneys' fees, arising out of, resulting from, or in connection with the performance of this Agreement and not caused by or arising out of the tortious conduct of City or any employee, contractor, or agent thereof. Grantee acknowledges that participation in this program carries risks, some of which may be unknown, and does agree to assume all such known or unknown risks. D. Uniform compliance requirements. Grantee shall comply with applicable uniform administrative requirements, cost principles, and audit requirements for federal awards, as described in 2 CFR §§ 200 et. seq. E. Nondiscrimination. Grantee will not discriminate against any employee or applicant for employment or services because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital status or status with regard to public assistance. F. Termination. Either Party may terminate this Agreement for cause by providing written notice to the other of the basis of termination. The defaulting Party shall have five (5) days to cure the deficiency or non-compliance. If the deficiency or non-compliance is not cured within this time period, the other Party shall terminate this Agreement for cause. In addition to termination of this Agreement and/or any other remedies as provided by law, City may declare Grantee ineligible for any further participation in City grant programming. I. Termination for convenience. City may terminate this Agreement by, at least thirty(30) days before the effective date of such termination, giving written notice to Grantee of such termination and specifying the effective date thereof. 2. Termination for cause. Termination of this Agreement, in whole or in part, may occur for cause, which shall include, but shall not be limited to, the following: a. Failure to comply with any provision of this Agreement, the MSBG Rules, or any rule, regulation, statute, executive order, or U.S. Treasury, State, or City guideline,policy or MSBG GRANTEE AGREEMENT PAGE 3 Page 376 Item#16. directive as may become applicable at any time; b. Failure to fulfill in a timely and proper manner its obligations under this Agreement; c. Improper use of funds provided under this Agreement; or d. Submission of receipts,reports, or documents that are incorrect or incomplete in any material respect. 3. Void if funds not available. In the event that MSBG funds for the purposes set forth in this Agreement are not made available to City, this Agreement shall be void, and City shall have no obligation to Grantee, whether under this Agreement or under any legal or equitable claim. G. Repayment. In the event of termination for cause attributable to Grantee's acts or omissions, Grantee shall, within fourteen (14) days of City's demand, reimburse City for all MSBG funds disbursed. H. Assignment. Grantee shall not assign or transfer any interest in this agreement without prior written consent of City. I. Non-waiver. Failure of either party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any party's right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time, notwithstanding delay in enforcement. J. Compliance with law. Throughout the course of this Agreement, Grantee shall comply with any and all applicable federal, state, and local laws. K. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. L. Entire Agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. The parties hereto may amend this Agreement at any time provided that such amendments are executed in writing, approved by City's governing body, and signed by a duly authorized representative of each party. IN WITNESS WHEREOF,the parties shall cause this Agreement to be executed by their duly authorized officers to be effective as of the day and year first above written. GRANTEE: St. Ignatius Catholic School An rea Kan , Principal CITY: City of Meridian Attest: By: Robert E. Simison, Mayor 2-23-2021 Chris Johnson, City Clerk 2-23-2021 MSBG GRANTEE AGREEMENT PAGE 4 Page 377 Item#16. EXHIBIT A: APPROVED EXPENSES Eligible Expense Amount 68 Wads 17940.00 Total Eligible Expenses 17,940.00 Approved Amount 15,000.00 MSBG GRANTEE AGREEMENT PAGE 5 Page 378 Item#17. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Resolution No. 21-2257: A Resolution Reappointing Jessica Peters to Seat 2, Natalie Schofield to Seat 3 and Jenifer Cavaness-Williams to Seat 7 of the Meridian Arts Commission Page 379 Item#17. CITY OF MERIDIAN RESOLUTION NO. 21-2257 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, HOAGLUN, PERREAULT, STRADER A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, APPOINTING JESSICA PETERS TO SEAT 2, NATALIE SCHOFIELD TO SEAT 3 AND JENIFER CAVANESS-WILSON TO SEAT 7 OF THE MERIDIAN ARTS COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Meridian City Code § 2-1-1 establishes the Meridian Arts Commission, its members and terms of their appointments; and WHEREAS, Jessica Peters currently holds Seat 2 on Meridian Arts Commission, Natalie Schofield currently holds Seat 3 on Meridian Arts Commission and Jenifer Cavaness-Williams currently holds Seat 7 on the Meridian Arts Commission; and WHEREAS,the Mayor and City Council of the City of Meridian deems the re-appointment of Jessica Peters to Seat 2, Natalie Schofield to Seat 3 and Jenifer Cavaness-Williams to Seat 7 of the Meridian Arts Commission to be in the best interest of the Meridian Arts Commission and of the City of Meridian; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY,IDAHO: Section 1. That pursuant to Meridian City Code § 2-1-1, Jessica Peters is re- appointed to Seat 2,Natalie Schofield is re-appointed to Seat 3 and Jenifer Cavaness-Williams is re- appointed to Seat 7 of the Meridian Arts Commission, for terms to expire February 28, 2024. Section 2.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 23rd day of February, 2021. APPROVED by the Mayor of the City of Meridian, Idaho,this 23rd day of February,2021. APPROVED: Mayor Robert E.Simison ATTEST: By: Chris Johnson, City Clerk RESOLUTION RE-APPOINTING PETERS,SCHOFIELD AND CAVENESS-WILLIAMS—MERIDIAN ARTS COMMISSIO Page 380 Agenda Item #17 ITEMS MOVED FROM CONSENT AGENDA(action items) Item#13. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approval of AIA CMGC Contract for Pre-Construction Services for Fire Stations 7 and 8 and Police Precincts 1 and 2 to ESI for the Not-To-Exceed Amount of$60,000.00 Page 248 Item#13. C� fIEN , IN4, IDAHG-. MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Keith Watts Meeting Date: 2/16/2021 Presenter: N/A Estimated Time: N/A Topic: Approval of AIA CMGC Contract for Pre-Construction Services - Fire Stations 7 &8 and Police Precincts 1 and 2 to ESI for the Not-To-Exceed amount of$60,000 Recommended Council Action: Approval of AIA 133 CMGC Construction Contract to Engineered Structures Incorporated for the "Construction Management General Contractor Services for Fire Stations 7 &8 and Police Precincts 1 & 2" project for the Not-to-Exceed amount of$60,00.00 for Pre-Construction and also authorize Procurement Manager to sign the Purchase Order for the Not-to-Exceed amount of$60,000.00. Background: This project is awarded under the Master Agreement for Fire Station CMGC Services dated 2/12/2018. Page 249 Item#13. AIADocument A133 - 2919 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 AGREEMENT made as of the 1 lth day of February in the year 2021 ADDITIONS AND DELETIONS: (In words, indicate day, month, and year) The author of this document has added information needed for its BETWEEN the Owner: completion.The author may also have revised the text of the original (Name, legal status, address, and other information) AIA standard form.An Additions and Deletions Report that notes added The City of Meridian,an Idaho Municipal Corporation information as well as revisions to the 33 E.Broadway Avenue standard form text is available from Meridian,ID 83642 the author and should be reviewed.A vertical line in the left margin of this document indicates where the author and the Construction Manager: has added necessary information (Name, legal status, address, and other information) and where the author has added to or deleted from the original AIA text. Engineered Structures,Inc This document has important legal 3330 East Louise Drive,Ste 300 ID 83642 consequences.Consultation with an Meridian attorney is encouraged with respect to its completion or modification. AIA Document A201 TM-2017, for the following Project: General Conditions of the Contract (Name, location, and detailed description) for Construction,is adopted in this document by reference.Do not use Meridian New Fire Station 7 and 8 with other general conditions unless Meridian New Police Precincts 1 and 2 this document is modified. Rice Fergus Miller 275 Fifth Street,Suite 100 Bremerton,WA 98337 The Owner and Construction Manager agree as follows. Init. AIA Document A133" -2019.Copyright©1991,2003,2009,and 2019 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 18:54:23 ET on 02/11/2021 under Order No.8620299805 which expires on 09/18/2021,is not for resale,is licensed for one-time use only,and t may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (193294 Page 250 Item#13. TABLE OF ARTICLES 1 INITIAL INFORMATION 2 GENERAL PROVISIONS 3 CONSTRUCTION MANAGER'S RESPONSIBILITIES 4 OWNER'S RESPONSIBILITIES 5 COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICES 6 COMPENSATION FOR CONSTRUCTION PHASE SERVICES 7 COST OF THE WORK FOR CONSTRUCTION PHASE 8 DISCOUNTS,REBATES,AND REFUNDS 9 SUBCONTRACTS AND OTHER AGREEMENTS 10 ACCOUNTING RECORDS 11 PAYMENTS FOR CONSTRUCTION PHASE SERVICES 12 DISPUTE RESOLUTION 13 TERMINATION OR SUSPENSION 14 MISCELLANEOUS PROVISIONS 15 SCOPE OF THE AGREEMENT EXHIBIT A GUARANTEED MAXIMUM PRICE AMENDMENT EXHIBIT B INSURANCE AND BONDS ARTICLE 1 INITIAL INFORMATION § 1.1 This Agreement is based on the Initial Information set forth in this Section 1.1. (Paragraph deleted) § 1.1.1 The Owner's program for the Project,as described in Section 4.1.1: Unknown at time of execution. § 1.1.2 The Project's physical characteristics: (Paragraph deleted) Unknown at time of execution. § 1.1.3 The Owner's budget for the Guaranteed Maximum Price,as defined in Article 6: Unknown at time of execution. § 1.1.4 The Owner's anticipated design and construction milestone dates: .1 Design phase milestone dates,if any: Unknown at time of execution. .2 Construction commencement date: Init. AIA Document A133" -2019.Copyright©1991.2003,2009,and 2019 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced 2 by AIA software at 18:54:23 ET on 02/11/2021 under Order No.8620299805 which expires on 09/18/2021,is not for resale,is licensed for one-time use only,and / may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (1932940398 Page 251 Item#13. Unknown at time of execution. .3 Substantial Completion date or dates: Unknown at time of execution. .4 Other milestone dates: Unknown at time of execution. § 1.1.5 The Owner's requirements for accelerated or fast-track scheduling,or phased construction,are set forth below: (Identify any requirements for fast-track scheduling or phased construction) None § 1.1.6 The Owner's anticipated Sustainable Objective for the Project: (Identify and describe the Owner's Sustainable Objective for the Project, if any.) None § 1.1.6.1 If the Owner identifies a Sustainable Objective,the Owner and Construction Manager shall complete and incorporate AIA Document E234Tm-2019,Sustainable Projects Exhibit,Construction Manager as Constructor Edition, into this Agreement to define the terms,conditions and services related to the Owner's Sustainable Objective.If E234-2019 is incorporated into this agreement,the Owner and Construction Manager shall incorporate the completed E234-2019 into the agreements with the consultants and contractors performing services or Work in any way associated with the Sustainable Objective. § 1.1.7 Other Project information: (Identify special characteristics or needs of the Project not provided elsewhere) Unknown at time of execution. § 1.1.8 The Owner identifies the following representative in accordance with Section 4.2: (List name, address, and other contact information.) § 1.1.9 The persons or entities,in addition to the Owner's representative,who are required to review the Construction Manager's submittals to the Owner are as follows: (List name, address and other contact information.) Unknown at time of execution. § 1.1.10 The Owner shall retain the following consultants and contractors: (List name, legal status, address, and other contact information) .1 Geotechnical Engineer: Unknown at time of execution, Init. AIA Document A133' -2019.Copyright©1991,2003,2009,and 2019 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced 3 by AIA software at 18:54:23 ET on 02/11/2021 under Order No.8620299805 which expires on 09/18/2021,is not for resale,is licensed foram-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service,To report copyright violations,e-mail copyright@aia,org, User Notes: (193294 Page 252 Item#13. .2 Civil Engineer: IUnknown at time of execution. .3 Other,if any: (List any other consultants retained by the Owner, such as a Project or Program Manager.) Unknown at time of execution. § 1.1.11 The Architect's representative: (List name, address, and other contact information.) Gunnar Gladics § 1.1.12 The Construction Manager identifies the following representative in accordance with Article 3: (List name, address, and other contact information.) Robert Snow,Superintendent. § 1.1.13 The Owner's requirements for the Construction Manager's staffing plan for Preconstruction Services,as required under Section 3.1.9: (List any Owner-specific requirements to be included in the staffing plan.) § 1.1.14 The Owner's requirements for subcontractor procurement for the performance of the Work: (List any Owner-specific requirements for subcontractor procurement) None § 1.1.15 Other Initial Information on which this Agreement is based: None § 1.2 The Owner and Construction Manager may rely on the Initial Information.Both parties,however,recognize that such information may materially change and,in that event,the Owner and the Construction Manager shall appropriately adjust the Project schedule,the Construction Manager's services,and the Construction Manager's compensation.The Owner shall adjust the Owner's budget for the Guaranteed Maximum Price and the Owner's anticipated design and construction milestones,as necessary,to accommodate material changes in the Initial Information. Init. AIA Document A133- -2019.Copyright©1991,2003,2009,and 2019 by The American Institute of Architects.All rights reserved,The"American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced 4 by AIA software at 18:54:23 ET on 02/11/2021 under Order No,8620299805 which expires on 09/18/2021,is not for resale,is licensed for one-time use only,and t may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org, User Notes: (1932940398 Page 253 Item#13. § 1.3 Neither the Owner's nor the Construction Manager's representative shall be changed without ten days'prior notice to the other party. ARTICLE 2 GENERAL PROVISIONS § 2.1 The Contract Documents The Contract Documents consist of this Agreement,Conditions of the Contract(General, Supplementary and other Conditions),Drawings,Specifications,Addenda issued prior to execution of this Agreement,other documents listed in this Agreement,and Modifications issued after execution of this Agreement,all of which form the Contract and are as fully a part of the Contract as if attached to this Agreement or repeated herein.Upon the Owner's acceptance of the Construction Manager's Guaranteed Maximum Price proposal,the Contract Documents will also include the documents described in Section 3.2.3 and identified in the Guaranteed Maximum Price Amendment and revisions prepared by the Architect and furnished by the Owner as described in Section 3.2.8.The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations,representations or agreements,either written or oral.If anything in the other Contract Documents,other than a Modification, is inconsistent with this Agreement,this Agreement shall govern.An enumeration of the Contract Documents,other than a Modification,appears in Article 15. § 2.2 Relationship of the Parties The Construction Manager accepts the relationship of trust and confidence established by this Agreement and covenants with the Owner to cooperate with the Architect and exercise the Construction Manager's best skill and judgment in furthering the interests of the Owner to furnish efficient construction administration,management services,and supervision;to furnish at all times an adequate supply of workers and materials;to use its best efforts to manage the Project and to perform the Work in an expeditious and economical manner consistent with the Owner's interests.The Construction Manager acknowledges that it owes a contractual duty to the Owner for all of its construction management services in connection with the Project.The Construction Manager covenants and represents that it has the professional expertise,manpower,and capacity to undertake successfully the services that it shall provide herein to satisfactorily manage and complete the Project. The Owner agrees to furnish or approve,in a timely manner,information required by the Construction Manager and to make payments to the Construction Manager in accordance with the requirements of the Contract Documents. § 2.3 General Conditions § 2.3.1 For the Preconstruction Phase,AIA Document A201Tm-2017,General Conditions of the Contract for Construction as revised for this Project,shall apply as follows: Section 1.5,Ownership and Use of Documents; Section 1.7,Digital Data Use and Transmission; Section 1.8,Building Information Model Use and Reliance; Section 2.2.4, Confidential Information; Section 3.12.10,Professional Services; Section 10.3,Hazardous Materials;Section 13.1, Governing Law.The term "Contractor" as used in A201-2017 shall mean the Construction Manager. § 2.3.2 For the Construction Phase,the general conditions of the contract shall be as set forth in A201-2017 as revised for this project,which document is incorporated herein by reference.The term"Contractor"as used in A201-2017 shall mean the Construction Manager. ARTICLE 3 CONSTRUCTION MANAGER'S RESPONSIBILITIES The Construction Manager's Preconstruction Phase responsibilities are set forth in Sections 3.1 and 3.2,and in the applicable provisions ofA201-2017 referenced in Section 2.3.1.The Construction Manager's Construction Phase responsibilities are set forth in Section 3.3.The Construction Manager shall identify a representative authorized to act on behalf of the Construction Manager with respect to the Project. § 3.1 Preconstruction Phase § 3.1.1 Extent of Responsibility The Construction Manager shall exercise reasonable care in performing its Preconstruction Services.The Owner and Architect shall be entitled to rely on,and shall not be responsible for,the accuracy,completeness,and timeliness of services and information furnished by the Construction Manager.The Construction Manager,however,does not warrant or guarantee estimates and schedules except as may be included as part of the Guaranteed Maximum Price.The Construction Manager is not required to ascertain that the Drawings and Specifications are in accordance with applicable laws,statutes,ordinances,codes,rules and regulations,or lawful orders of public authorities,but the Construction Manager shall promptly report to the Architect and Owner any nonconformity discovered by or made known to the Construction Manager as a request for information in such form as the Architect may require. Init. AIA Document A133- -201 9.Copyright©1991,2003,2009,and 2019 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced 5 by AIA software at 18:54:23 ET on 02/11/2021 under Order No.8620299805 which expires on 09/18/2021,is not for resale,is licensed for one-time use only,and r may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (193294 Page 254 Item#13. § 3.1.2 The Construction Manager shall provide a preliminary evaluation of the Owner's program,schedule and construction budget requirements,each in terms of the other. § 3.1.3 Consultation § 3.1.3.1 The Construction Manager shall schedule and conduct meetings with the Architect and Owner to discuss such matters as procedures,progress,coordination,and scheduling of the Work. § 3.1.3.2 The Construction Manager shall advise the Owner and Architect on proposed site use and improvements, selection of materials,building systems,and equipment.The Construction Manager shall also provide recommendations to the Owner and Architect,consistent with the Project requirements,on constructability;availability of materials and labor;time requirements for procurement,installation and construction;prefabrication;and factors related to construction cost including,but not limited to,costs of alternative designs or materials,preliminary budgets,life-cycle data,and possible cost reductions.The Construction Manager shall consult with the Architect regarding professional services to be provided by the Construction Manager during the Construction Phase. § 3.1.3.3 The Construction Manager shall assist the Owner and Architect in establishing building information modeling and digital data protocols for the Project,using AIA Document E203TM-2013,Building Information Modeling and Digital Data Exhibit,to establish the protocols for the development,use,transmission,and exchange of digital data. § 3.1.4 Project Schedule When Project requirements in Section 4.1.1 have been sufficiently identified,the Construction Manager shall prepare and periodically update a Project schedule for the Architect's review and the Owner's acceptance.The Construction Manager shall obtain the Architect's approval for the portion of the Project schedule relating to the performance of the Architect's services.The Project schedule shall coordinate and integrate the Construction Manager's services,the Architect's services,other Owner consultants' services,and the Owner's responsibilities;and identify items that affect the Project's timely completion.The updated Project schedule shall include the following:submission of the Guaranteed Maximum Price proposal;components of the Work;times of commencement and completion required of each Subcontractor; ordering and delivery of products,including those that must be ordered in advance of construction;and the occupancy requirements of the Owner. § 3.1.5 Phased Construction The Construction Manager,in consultation with the Architect,shall provide recommendations with regard to accelerated or fast-track scheduling,procurement,and sequencing for phased construction.The Construction Manager shall take into consideration cost reductions,cost information,constructability,provisions for temporary facilities,and procurement and construction scheduling issues. The Construction Manager shall take responsibility for all fast-track related work. § 3.1.6 Cost Estimates § 3.1.6.1 Based on the preliminary design and other design criteria prepared by the Architect,the Construction Manager shall prepare,for the Architect's review and the Owner's approval,preliminary estimates of the Cost of the Work or the cost of program requirements using area,volume,or similar conceptual estimating techniques.If the Architect or Construction Manager suggests alternative materials and systems,the Construction Manager shall provide cost evaluations of those alternative materials and systems. § 3.1.6.2 As the Architect progresses with the preparation of the Schematic Design,Design Development and Construction Documents,the Construction Manager shall prepare estimates at Schematic Design,Design Development, and at 70%Construction Documents and update,at appropriate intervals agreed to by the Owner,Construction Manager and Architect,an estimate of the Cost of the Work with increasing detail and refinement..The Construction Manager shall inform the Owner and Architect in the event that the estimate of the Cost of the Work exceeds the latest approved Project budget,and make recommendations for corrective action. § 3.1.6.3 If the Architect is providing cost estimating services as a Supplemental Service,and a discrepancy exists between the Construction Manager's cost estimates and the Architect's cost estimates,the Construction Manager and the Architect shall work together to reconcile the cost estimates. § 3.1.7 As the Architect progresses with the preparation of the Schematic Design,Design Development and Construction Documents,the Construction Manager shall consult with the Owner and Architect and make recommendations regarding constructability and schedules,for the Architect's review and the Owner's acceptance. Init. AIA Document A133--2019.Copyright©1991,2003.2009,and 2019 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced 6 by AIA software at 18:54:23 ET on 02/11/2021 under Order No 8620299805 which expires on 09/18/2021,is not for resale,is licensed for one-time use only,and 1 may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org User Notes: (193294 Page 255 Item#13. § 3.1.8 The Construction Manager shall provide recommendations and information to the Owner and Architect regarding equipment,materials,services,and temporary Project facilities. § 3.1.9 The Construction Manager shall provide a staffing plan for Preconstruction Phase services for the Owner's review and approval. § 3.1.10 If the Owner identified a Sustainable Objective in Article 1,the Construction Manager shall fulfill its Preconstruction Phase responsibilities as required in AIA Document E234Tm-2019, Sustainable Projects Exhibit, Construction Manager as Constructor Edition,attached to this Agreement. § 3.1.11 Subcontractors and Suppliers § 3.1.11.1 If the Owner has provided requirements for subcontractor procurement in section 1.1.14,the Construction Manager shall provide a subcontracting plan,addressing the Owner's requirements,for the Owner's review and approval. § 3.1.11.2 The Construction Manager shall develop bidders' interest in the Project. § 3.1.11.3 The processes described in Article 9 shall apply if bid packages will be issued during the Preconstruction Phase. § 3.1.12 Procurement The Construction Manager shall prepare,for the Architect's review and the Owner's acceptance,a procurement schedule for items that must be ordered in advance of construction.The Construction Manager shall expedite and coordinate the ordering and delivery of materials that must be ordered in advance of construction.If the Owner agrees to procure any items prior to the establishment of the Guaranteed Maximum Price,the Owner shall procure the items per the Owner's Procurement policy. § 3.1.13 Compliance with Laws The Construction Manager shall comply with applicable laws,statutes,ordinances,codes,rules and regulations,and lawful orders of public authorities applicable to its performance under this Contract,and with equal employment opportunity programs,and other programs as may be required by governmental and quasi-governmental authorities. § 3.1.14 Other Preconstruction Services Insert a description of any other Preconstruction Phase services to be provided by the Construction Manager,or reference an exhibit attached to this document (Describe any other Preconstruction Phase services,such as providing cash flow projections, development of a project information management system, early selection or procurement of subcontractors, etc) § 3.2 Guaranteed Maximum Price Proposal § 3.2.1 At a time to be mutually agreed upon by the Owner and the Construction Manager,the Construction Manager shall prepare a Guaranteed Maximum Price proposal for the Owner's and Architect's review,and the Owner's acceptance.The Guaranteed Maximum Price in the proposal shall be the sum of the Construction Manager's estimate of the Cost of the Work,the Construction Manager's contingency described in Section 3.2.4,and the Construction Manager's Fee described in Section 6.1.2. § 3.2.2 To the extent that the Contract Documents are anticipated to require further development,the Guaranteed Maximum Price includes the costs attributable to such further development consistent with the Contract Documents and reasonably inferable therefrom. Such further development does not include changes in scope,systems,kinds and quality of materials,finishes,or equipment,all of which,if required,shall be incorporated by Change Order. § 3.2.3 The Construction Manager shall include with the Guaranteed Maximum Price proposal a written statement of its basis,which shall include the following: .1 A list of the Drawings and Specifications,including all Addenda thereto,and the Conditions of the Contract; .2 A list of the clarifications and assumptions made by the Construction Manager in the preparation of the Guaranteed Maximum Price proposal,including assumptions under Section 3.2.2; Init. AIA Document A133- -2019.Copyright©1991,2003,2009,and 2019 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced 7 by AIA software at 18:54:23 ET on 02/11/2021 under Order No.8620299805 which expires on 09/18/2021,is not for resale,is licensed for one-time use only,and I may only be used in accordance with the AIA Contract Documents®Terms of Service,To report copyright violations,e-mail copyright@aia.org. User Notes: (193294 Page 256 Item#13. .3 A statement of the proposed Guaranteed Maximum Price,including a statement of the estimated Cost of the Work organized by trade categories or systems,including allowances;the Construction Manager's contingency set forth in Section 3.2.4; and the Construction Manager's Fee; .4 The anticipated date of Substantial Completion upon which the proposed Guaranteed Maximum Price is based;and .5 A date by which the Owner must accept the Guaranteed Maximum Price. § 3.2.4 In preparing the Construction Manager's Guaranteed Maximum Price proposal,the Construction Manager shall include a contingency for the Construction Manager's use,with Owner's written approval,to cover those costs that are included in the Guaranteed Maximum Price but not otherwise allocated to another line item or included in a Change Order.Allowable uses will be defined in the Guaranteed Maximum Price Amendment. § 3.2.5 The Construction Manager shall meet with the Owner and Architect to review the Guaranteed Maximum Price proposal.In the event that the Owner or Architect discover any inconsistencies or inaccuracies in the information presented,they shall promptly notify the Construction Manager,who shall make appropriate adjustments to the Guaranteed Maximum Price proposal,its basis,or both. § 3.2.6 If the Owner notifies the Construction Manager that the Owner has accepted the Guaranteed Maximum Price proposal in writing before the date specified in the Guaranteed Maximum Price proposal,the Guaranteed Maximum Price proposal shall be deemed effective without further acceptance from the Construction Manager.Following acceptance of a Guaranteed Maximum Price,the Owner and Construction Manager shall execute the Guaranteed Maximum Price Amendment amending this Agreement,a copy of which the Owner shall provide to the Architect.The Guaranteed Maximum Price Amendment shall set forth the agreed upon Guaranteed Maximum Price with the information and assumptions upon which it is based. § 3.2.7 The Construction Manager shall not incur any cost to be reimbursed as part of the Cost of the Work prior to the execution of the Guaranteed Maximum Price Amendment,unless the Owner provides prior written authorization for such costs. § 3.2.8 The Owner shall authorize preparation of revisions to the Contract Documents that incorporate the agreed-upon assumptions and clarifications contained in the Guaranteed Maximum Price Amendment.The Owner shall promptly furnish such revised Contract Documents to the Construction Manager.The Construction Manager shall notify the Owner and Architect of any inconsistencies between the agreed-upon assumptions and clarifications contained in the Guaranteed Maximum Price Amendment and the revised Contract Documents. § 3.2.9 The Construction Manager shall include in the Guaranteed Maximum Price all sales,consumer,use and similar taxes for the Work provided by the Construction Manager that are legally enacted,whether or not yet effective,at the time the Guaranteed Maximum Price Amendment is executed. § 3.3 Construction Phase § 3.3.1 General § 3.3.1.1 For purposes of Section 8.1.2 of A201-2017,the date of commencement of the Work shall mean the date of commencement of the Construction Phase. § 3.3.1.2 The Construction Phase shall commence upon the Owner's execution of the Guaranteed Maximum Price Amendment or,prior to acceptance of the Guaranteed Maximum Price proposal,by written agreement of the parties.The written agreement shall set forth a description of the Work to be performed by the Construction Manager,and any insurance and bond requirements for Work performed prior to execution of the Guaranteed Maximum Price Amendment. § 3.3.2 Administration § 3.3.2.1 In addition to the meetings with Owner's Project Manager and Construction Managers Superintendent which shall occur at least every other week,the Construction Manager's executive team(Including Executive Vice President, Senior Project Manager,and Director of Construction)assigned to this Project shall schedule and conduct meetings with Owner at least every other month to discuss such matters as procedures,progress,coordination,scheduling,and status of the Work.The Construction Manager shall prepare and promptly distribute minutes of the meetings to the Owner and Architect. Init. AIA Document A133- -2019.Copyright©1991,2003,2009,and 2019 by The American Institute of Architects All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents'are registered trademarks and may not be used without permission.This document was produced 8 by AIA software at 18:54:23 ET on 02/11/2021 under Order No.8620299805 which expires on 09/18/2021,is not for resale,is licensed for one-time use only,and t may only be used in accordance with the AIA Contract Documents®Terms of Service To report copyright violations,e-mail copyright@aia.org. User Notes: (1932940398 Page 257 Item#13. § 3.3.2.2 Upon the execution of the Guaranteed Maximum Price Amendment,the Construction Manager shall prepare and submit to the Owner and Architect a construction schedule for the Work and a submittal schedule in accordance with Section 3.10 of A201-2017. § 3.3.2.3 Monthly Report The Construction Manager shall record the progress of the Project.On a monthly basis,or otherwise as agreed to by the Owner,the Construction Manager shall submit written progress reports to the Owner and Architect,showing percentages of completion and other information required by the Owner. § 3.3.2.4 Daily Logs The Construction Manager shall keep,and make available to the Owner and Architect,a daily log containing a record for each day of weather,portions of the Work in progress,number of workers on site,identification of equipment on site, problems that might affect progress of the work,accidents,injuries,and other information required by the Owner. § 3.3.2.5 Cost Control The Construction Manager shall develop a system of cost control for the Work,including regular monitoring of actual costs for activities in progress and estimates for uncompleted tasks and proposed changes.The Construction Manager shall identify variances between actual and estimated costs and report the variances to the Owner and Architect,and shall provide this information in its monthly reports to the Owner and Architect,in accordance with Section 3.3.2.3 above. §3.3.2.6 Meetings with Owner's Governing Council The Construction Manager shall be available to meet with Owner's Governing Council(Meridian City Council)as shall be reasonably scheduled by the Owner's designated representative. ARTICLE 4 OWNER'S RESPONSIBILITIES § 4.1 Information and Services Required of the Owner § 4.1.1 The Owner shall provide information with reasonable promptness,regarding requirements for and limitations on the Project,including a written program which shall set forth the Owner's objectives,constraints,and criteria,including schedule,space requirements and relationships,flexibility and expandability,special equipment,systems,sustainability and site requirements. § 4.1.2 Prior to the execution of the Guaranteed Maximum Price Amendment,the Construction Manager may request in writing that the Owner provide reasonable evidence that the Owner has made financial arrangements to fulfill the Owner's obligations under the Contract.After execution of the Guaranteed Maximum Price Amendment,the Construction Manager may request such information as set forth in A201-2017 Section 2.2. § 4.1.3 Intentionally Deleted. § 4.1.4 Structural and Environmental Tests,Surveys and Reports.During the Preconstruction Phase,the Owner shall furnish the following information or services with reasonable promptness.The Owner shall also furnish any other information or services under the Owner's control and relevant to the Construction Manager's performance of the Work with reasonable promptness after receiving the Construction Manager's written request for such information or services. The Construction Manager shall be entitled to rely on the accuracy of information and services furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. § 4.1.4.1 The Owner shall furnish tests,inspections,and reports,required by law and as otherwise agreed to by the parties, such as structural,mechanical,and chemical tests,tests for air and water pollution,and tests for hazardous materials. § 4.1.4.2 The Owner shall furnish surveys describing 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 other 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. AIA Document A133- -2019.Copyright©1991,2003,2009,and 2019 by The American Institute of Architects.All rights reserved.The"American Institute of Init. Architects,""AIA,"the AIA Logo,and"AIA Contract Documents'are registered trademarks and may not be used without permission.This document was produced 9 by AIA software at 18:54:23 ET on 02/11/2021 under Order No.8620299805 which expires on 09/18/2021,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (1932940398) Page 258 Item#13. § 4.1.4.3 The Owner,when such services are requested,shall furnish services of geotechnical engineers,which may include 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. § 4.1.5 During the Construction Phase,the Owner shall furnish information or services required of the Owner by the Contract Documents with reasonable promptness.The Owner shall also furnish any other information or services under the Owner's control and relevant to the Construction Manager's performance of the Work with reasonable promptness after receiving the Construction Manager's written request for such information or services. § 4.1.6 If the Owner identified a Sustainable Objective in Article 1,the Owner shall fulfill its responsibilities as required in AIA Document E234Tm-2019,Sustainable Projects Exhibit,Construction Manager as Constructor Edition,attached to this Agreement. § 4.2 Owner's Designated Representative The Owner shall identify a representative authorized to act on behalf of the Owner with respect to the Project.The Owner's representative shall render decisions promptly and furnish information expeditiously,so as to avoid unreasonable delay in the services or Work of the Construction Manager.Except as otherwise provided in Section 4.2.1 of A201-2017,the Architect does not have such authority.The term "Owner"means the Owner or the Owner's authorized representative. § 4.2.1 Legal Requirements.The Owner shall furnish all legal,insurance and accounting services,including auditing services,that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. § 4.3 Architect The Owner shall retain an Architect to provide services,duties and responsibilities as described in AIA Document B133Tm-2019,Standard Form of Agreement Between Owner and Architect,Construction Manager as Constructor Edition as modified for this project,including any additional services requested by the Construction Manager that are necessary for the Preconstruction and Construction Phase services under this Agreement.The Owner shall provide the Construction Manager with a copy of the scope of services in the executed agreement between the Owner and the Architect,and any further modifications to the Architect's scope of services in the agreement. ARTICLE 5 COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICES § 5.1 Compensation § 5.1.1 For the Construction Manager's Preconstruction Phase services described in Sections 3.1 and 3.2,the Owner shall compensate the Construction Manager as follows: See Construction Managers Preconstruction Cost Proposal,dated January 7,2021. §5.1.2 The hourly billing rates for Preconstruction Phase services of the Construction Manager and the Construction Manager's Consultants and Subcontractors, if any,are set forth below. (Paragraphs deleted) See Construction Managers Preconstruction Cost Proposal,dated December 15,2020 (Table deleted) § 5.1.2.1 Hourly billing rates for Preconstruction Phase services include all costs to be paid or incurred by the Construction Manager,as required by law or collective bargaining agreements,for taxes,insurance,contributions, assessments and benefits and,for personnel not covered by collective bargaining agreements,customary benefits such as sick leave,medical and health benefits,holidays,vacations and pensions,and shall remain unchanged unless the parties execute a Modification. § 5.1.3 If the Preconstruction Phase services covered by this Agreement have not been completed within Nine (9 ) months of the date of this Agreement,through no fault of the Construction Manager,the Construction Manager's compensation for Preconstruction Phase services shall be equitably adjusted. § 5.2 Payments § 5.2.1 Unless otherwise agreed,payments for services shall be made monthly in proportion to services performed. Init. AIA Document A133'" -2019.Copyright*1991,2003,2009,and 2019 by The American Institute of Architects,All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produc:ad 10 by AIA software at 18:54:23 ET on 02/11/2021 under Order No.8620299805 which expires on 09/18/2021,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (193294 398 Page 259 Item#13. § 5.2.2 Payments are due Net 30 days after receipt of the Construction Manager's correct invoice.Amounts unpaid Net 30 ( )days after the invoice date shall bear interest at the rate entered below. zero % 0 ARTICLE 6 COMPENSATION FOR CONSTRUCTION PHASE SERVICES § 6.1 Contract Sum § 6.1.1 The Owner shall pay the Construction Manager the Contract Sum in current funds for the Construction Manager's performance of the Contract after execution of the Guaranteed Maximum Price Amendment.The Contract Sum is the Cost of the Work as defined in Article 7 plus the Construction Manager's Fee. § 6.1.2 The Construction Manager's Fee: (State a lump sum,percentage of Cost of the Work or other provision for determining the Construction Manager's Fee) Four and Three-Quarters Percent(4.75%) § 6.1.3 The method of adjustment of the Construction Manager's Fee for changes in the Work: Four and Three-Quarters Percent(4.75%) § 6.1.4 Limitations,if any,on a Subcontractor's overhead and profit for increases in the cost of its portion of the Work: Ten Percent(10%)Overhead on direct cost of work and Five Percent(5%)Fee on direct cost of work. § 6.1.5 Rental rates for Construction Manager-owned equipment shall not exceed Seventy Five percent(75.00 %)of the standard rental rate paid at the place of the Project. § 6.1.6 Liquidated damages,if any: (Insert terms and conditions for liquidated damages, if any) One Thousand Dollars($1,000.00)per day. (Paragraphs deleted) § 6.2 Guaranteed Maximum Price The Construction Manager guarantees that the Contract Sum shall not exceed the Guaranteed Maximum Price set forth in the Guaranteed Maximum Price Amendment, subject to additions and deductions by Change Order as provided in the Contract Documents.Costs which would cause the Guaranteed Maximum Price to be exceeded shall be paid by the Construction Manager without reimbursement by the Owner. § 6.3 Changes in the Work § 6.3.1 The Owner may,without invalidating the Contract,order changes in the Work within the general scope of the Contract consisting of additions,deletions or other revisions.The Owner shall issue such changes in writing.The Construction Manager may be entitled to an equitable adjustment in the Contract Time as a result of changes in the Work. § 6.3.1.1 The Architect may order minor changes in the Work as provided in Article 7 of AIA Document A201-2017, General Conditions of the Contract for Construction. Owner will not be responsible for any changes it has not requested or approved in writing. § 6.3.2 Adjustments to the Guaranteed Maximum Price on account of changes in the Work subsequent to the execution of the Guaranteed Maximum Price Amendment may be determined by any of the methods listed in Article 7 of AIA Document A201-2017,General Conditions of the Contract for Construction. Init. AIA Document A133- -2019.Copyright©1991,2003,2009,and 2019 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This dacument was producea 11 by AIA software at 18:54:23 ET on 02/11/2021 under Order No.8620299805 which expires on 09/18/2021,is not for resale,is licensed for one-time use only,and / may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (193294 Page 260 Item#13. § 6.3.3 Adjustments to subcontracts awarded on the basis of a stipulated sum shall be determined in accordance with Article 7 of A201-2017,as they refer to"cost"and"fee," and not by Articles 6 and 7 of this Agreement.Adjustments to subcontracts awarded with the Owner's prior written consent on the basis of cost plus a fee shall be calculated in accordance with the terms of those subcontracts. § 6.3.4 In calculating adjustments to the Guaranteed Maximum Price,the terms"cost" and "costs" as used in Article 7 of AIA Document A201-2017 shall mean the Cost of the Work as defined in Article 7 of this Agreement and the term "fee" shall mean the Construction Manager's Fee as defined in Section 6.1.2 of this Agreement. § 6.3.5 If no specific provision is made in Section 6.1.3 for adjustment of the Construction Manager's Fee in the case of changes in the Work,or if the extent of such changes is such,in the aggregate,that application of the adjustment provisions of Section 6.1.3 will cause substantial inequity to the Owner or Construction Manager,the Construction Manager's Fee shall be equitably adjusted on the same basis that was used to establish the Fee for the original Work,and the Guaranteed Maximum Price shall be adjusted accordingly. ARTICLE 7 COST OF THE WORK FOR CONSTRUCTION PHASE § 7.1 Costs to Be Reimbursed § 7.1.1 The term Cost of the Work shall mean costs necessarily incurred by the Construction Manager in the proper performance of the Work.The Cost of the Work shall include only the items set forth in Sections 7.1 through 7.7. § 7.1.2 Where,pursuant to the Contract Documents,any cost is subject to the Owner's prior approval,the Construction Manager shall obtain such approval in writing prior to incurring the cost. § 7.1.3 Costs shall be at rates not higher than the standard rates paid at the place of the Project,except with prior approval of the Owner. § 7.2 Labor Costs § 7.2.1 Wages or salaries of construction workers directly employed by the Construction Manager to perform the construction of the Work at the site or,with the Owner's prior approval,at off-site workshops. § 7.2.2 Wages or salaries of the Construction Manager's supervisory and administrative personnel when stationed at the site and performing Work,with the Owner's prior approval. § 7.2.2.1 Wages or salaries of the Construction Manager's supervisory and administrative personnel when performing Work and stationed at a location other than the site,but only for that portion of time required for the Work,and limited to the personnel and activities listed below: (Identify the personnel, type of activity and, if applicable, any agreed upon percentage of One to be devoted to the Work.) 1 § 7.2.3 Wages and salaries of the Construction Manager's supervisory or administrative personnel engaged at factories, workshops or while traveling,in expediting the production or transportation of materials or equipment required for the Work,but only for that portion of their time required for the Work. § 7.2.4 Costs paid or incurred by the Construction Manager,as required by law or collective bargaining agreements,for taxes,insurance,contributions,assessments and benefits and,for personnel not covered by collective bargaining agreements,customary benefits such as sick leave,medical and health benefits,holidays,vacations and pensions, provided such costs are based on wages and salaries included in the Cost of the Work under Sections 7.2.1 through 7.2.3. § 7.2.5 If agreed rates for labor costs,in lieu of actual costs,are provided in this Agreement,the rates shall remain unchanged throughout the duration of this Agreement,unless the parties execute a Modification. § 7.3 Subcontract Costs Payments made by the Construction Manager to Subcontractors in accordance with the requirements of the subcontracts and this Agreement. Init. AIA Document A133- -2019.Copyright©1991,2003,2009.and 2019 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced 12 by AIA software at 18:54:23 ET on 02/11/2021 under Order No.8620299805 which expires on 09/18/2021,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (193294 Page 261 Item#13. § 7.4 Costs of Materials and Equipment Incorporated in the Completed Construction § 7.4.1 Costs,including transportation and storage at the site,of materials and equipment incorporated,or to be incorporated,in the completed construction. § 7.4.2 Costs of materials described in the preceding Section 7.4.1 in excess of those actually installed to allow for reasonable waste and spoilage. Unused excess materials,if any, shall become the Owner's property at the completion of the Work or,at the Owner's option,shall be sold by the Construction Manager.Any amounts realized from such sales shall be credited to the Owner as a deduction from the Cost of the Work. § 7.5 Costs of Other Materials and Equipment, Temporary Facilities and Related Items § 7.5.1 Costs of transportation,storage,installation,dismantling,maintenance,and removal of materials,supplies, temporary facilities,machinery,equipment and hand tools not customarily owned by construction workers that are provided by the Construction Manager at the site and fully consumed in the performance of the Work.Costs of materials, supplies,temporary facilities,machinery,equipment,and tools,that are not fully consumed,shall be based on the cost or value of the item at the time it is first used on the Project site less the value of the item when it is no longer used at the Project site.Costs for items not fully consumed by the Construction Manager shall mean fair market value. § 7.5.2 Rental charges for temporary facilities,machinery,equipment,and hand tools not customarily owned by construction workers that are provided by the Construction Manager at the site,and the costs of transportation, installation,dismantling,minor repairs,and removal of such temporary facilities,machinery,equipment,and hand tools. Rates and quantities of equipment owned by the Construction Manager,or a related party as defined in Section 7.8,shall be subject to the Owner's prior approval.The total rental cost of any such equipment may not exceed the purchase price of any comparable item. § 7.5.3 Costs of removal of debris from the site of the Work and its proper and legal disposal. § 7.5.4 Costs of the Construction Manager's site office,including general office equipment and supplies. § 7.5.5 Costs of materials and equipment suitably stored off the site at a mutually acceptable location,subject to the Owner's prior approval. § 7.6 Miscellaneous Costs § 7.6.1 Premiums for that portion of insurance and bonds required by the Contract Documents that can be directly attributed to this Contract. § 7.6.1.1 Costs for self-insurance,for either full or partial amounts of the coverages required by the Contract Documents, with the Owner's prior approval. § 7.6.1.2 Costs for insurance through a captive insurer owned or controlled by the Construction Manager,with the Owner's prior approval. § 7.6.2 Sales,use,or similar taxes, imposed by a governmental authority,that are related to the Work and for which the Construction Manager is liable. § 7.6.3 Fees and assessments for the building permit,and for other permits,licenses,and inspections,for which the Construction Manager is required by the Contract Documents to pay. § 7.6.4 Fees of laboratories for tests required by the Contract Documents; except those related to defective or nonconforming Work for which reimbursement is excluded under Article 13 of AIA Document A201-2017 or by other provisions of the Contract Documents,and which do not fall within the scope of Section 7.7.3. § 7.6.5 Royalties and license fees paid for the use of a particular design,process,or product,required by the Contract Documents. § 7.6.5.1 The cost of defending suits or claims for infringement of patent rights arising from requirements of the Contract Documents,payments made in accordance with legal judgments against the Construction Manager resulting from such suits or claims,and payments of settlements made with the Owner's consent,unless the Construction Manager had reason Init. AIA Document A133- -2019.Copyright©1991,2003,2009,and 2019 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced 13 by AIA software at 18:54:23 ET on 02/11/2021 under Order No.8620299805 which expires on 09/18/2021,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (193294 Page 262 Item#13. to believe that the required design,process,or product was an infringement of a copyright or a patent,and the Construction Manager failed to promptly furnish such information to the Architect as required by Article 3 of AIA Document A201-2017.The costs of legal defenses,judgments,and settlements shall not be included in the Cost of the Work used to calculate the Construction Manager's Fee or subject to the Guaranteed Maximum Price. § 7.6.6 Costs for communications services,electronic equipment,and software,directly related to the Work and located at the site,with the Owner's prior approval. § 7.6.7 Costs of document reproductions and delivery charges. § 7.6.8 Deposits lost for causes other than the Construction Manager's negligence or failure to fulfill a specific responsibility in the Contract Documents. § 7.6.9 Legal,mediation costs,including attorneys' fees,other than those arising from disputes between the Owner and Construction Manager,reasonably incurred by the Construction Manager after the execution of this Agreement in the performance of the Work and with the Owner's prior approval,which shall not be unreasonably withheld. § 7.6.10 Expenses incurred in accordance with the Construction Manager's standard written personnel policy for relocation and temporary living allowances of the Construction Manager's personnel required for the Work,with the Owner's prior approval. § 7.6.11 Intentionally Deleted. § 7.7 Other Costs and Emergencies § 7.7.1 Other costs incurred in the performance of the Work,with the Owner's prior approval. § 7.7.2 Costs incurred in taking action to prevent threatened damage,injury,or loss,in case of an emergency affecting the safety of persons and property,as provided in Article 10 of AIA Document A201-2017. § 7.7.3 Costs of repairing or correcting damaged or nonconforming Work executed by the Construction Manager, Subcontractors,or suppliers,provided that such damaged or nonconforming Work was not caused by the negligence of,or failure to fulfill a specific responsibility by,the Construction Manager,Subcontractors,or Suppliers and only to the extent that the cost of repair or correction is not recovered by the Construction Manager from insurance,sureties,Subcontractors, suppliers,or others. § 7.7.4 The costs described in Sections 7.1 through 7.7 shall be included in the Cost of the Work,notwithstanding any provision of AIA Document A201-2017 or other Conditions of the Contract which may require the Construction Manager to pay such costs,unless such costs are excluded by the provisions of Section 7.9. § 7.8 Related Party Transactions § 7.8.1 For purposes of this Section 7.8,the term "related party" shall mean(1)a parent,subsidiary,affiliate,or other entity having common ownership of,or sharing common management with,the Construction Manager;(2)any entity in which any stockholder in,or management employee of,the Construction Manager holds an equity interest in excess of ten percent in the aggregate;(3)any entity which has the right to control the business or affairs of the Construction Manager; or(4)any person,or any member of the immediate family of any person,who has the right to control the business or affairs of the Construction Manager. § 7.8.2 If any of the costs to be reimbursed arise from a transaction between the Construction Manager and a related party, the Construction Manager shall notify the Owner of the specific nature of the contemplated transaction,including the identity of the related party and the anticipated cost to be incurred,before any such transaction is consummated or cost incurred.If the Owner,after such notification,authorizes the proposed transaction in writing,then the cost incurred shall be included as a cost to be reimbursed,and the Construction Manager shall procure the Work,equipment,goods,or service,from the related party,as a Subcontractor,according to the terms of Article 9.If the Owner fails to authorize the transaction in writing,the Construction Manager shall procure the Work,equipment,goods,or service from some person or entity other than a related party according to the terms of Article 9. Init. AIA Document A133- -2019.Copyright©1991,2003,2009.and 2019 by The American Institute of Architects,All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced 14 by AIA software at 18:54:23 ET on 02/11/2021 under Order No.8620299805 which expires on 09/18/2021,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (1932940398 Page 263 Item#13. § 7.9 Costs Not To Be Reimbursed § 7.9.1 The Cost of the Work shall not include the items listed below: .1 Salaries and other compensation of the Construction Manager's personnel stationed at the Construction Manager's principal office or offices other than the site office,except as specifically provided in Section 7.2,or as may be provided in Article 14; .2 Bonuses,profit sharing,incentive compensation,and any other discretionary payments,paid to anyone hired by the Construction Manager or paid to any Subcontractor or vendor,unless the Owner has provided prior approval; .3 Expenses of the Construction Manager's principal office and offices other than the site office; .4 Overhead and general expenses,except as may be expressly included in Sections 7.1 to 7.7; .5 The Construction Manager's capital expenses,including interest on the Construction Manager's capital employed for the Work; .6 Except as provided in Section 7.7.3 of this Agreement,costs due to the negligence of,or failure to fulfill a specific responsibility of the Contract by,the Construction Manager,Subcontractors,and suppliers,or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable; .7 Any cost not specifically and expressly described in Sections 7.1 to 7.7; .8 Costs,other than costs included in Change Orders approved by the Owner,that would cause the Guaranteed Maximum Price to be exceeded;and .9 Costs for services incurred during the Preconstruction Phase. ARTICLE 8 DISCOUNTS, REBATES, AND REFUNDS § 8.1 Cash discounts obtained on payments made by the Construction Manager shall accrue to the Owner if(1)before making the payment,the Construction Manager included the amount to be paid,less such discount,in an Application for Payment and received payment from the Owner,or(2)the Owner has deposited funds with the Construction Manager with which to make payments;otherwise,cash discounts shall accrue to the Construction Manager.Trade discounts, rebates,refunds,and amounts received from sales of surplus materials and equipment shall accrue to the Owner,and the Construction Manager shall make provisions so that they can be obtained. § 8.2 Amounts that accrue to the Owner in accordance with the provisions of Section 8.1 shall be credited to the Owner as a deduction from the Cost of the Work. ARTICLE 9 SUBCONTRACTS AND OTHER AGREEMENTS § 9.1 Those portions of the Work that the Construction Manager does not customarily perform with the Construction Manager's own personnel shall be performed under subcontracts or other appropriate agreements with the Construction Manager.The Owner may designate specific persons from whom,or entities from which,the Construction Manager shall obtain bids.The Construction Manager shall obtain bids from Subcontractors,and from suppliers of materials or equipment fabricated especially for the Work,who are qualified to perform that portion of the Work in accordance with the requirements of the Contract Documents.The Construction Manager shall deliver such bids to the Architect and Owner with an indication as to which bids the Construction Manager intends to accept.The Owner then has the right to review the Construction Manager's list of proposed subcontractors and suppliers in consultation with the Architect and, subject to Section 9.1.1,to object to any subcontractor or supplier.Any advice of the Architect,or approval or objection by the Owner,shall not relieve the Construction Manager of its responsibility to perform the Work in accordance with the Contract Documents.The Construction Manager shall not be required to contract with anyone to whom the Construction Manager has reasonable objection. § 9.1.1 When a specific subcontractor or supplier(1)is recommended to the Owner by the Construction Manager;(2)is qualified to perform that portion of the Work;and(3)has submitted a bid that conforms to the requirements of the Contract Documents without reservations or exceptions and has submitted the lowest bid,but the Owner requires that another bid be accepted,then the Construction Manager may require that a Change Order be issued to adjust the Guaranteed Maximum Price by the difference between the bid of the person or entity recommended to the Owner by the Construction Manager and the amount of the subcontract or other agreement actually signed with the person or entity designated by the Owner if the amount is higher than the recommended bid. If the amount is lower then the GMP shall be reduced by the difference. § 9.2 Subcontracts or other agreements shall conform to the applicable payment provisions of this Agreement,and shall not be awarded on the basis of cost plus a fee without the Owner's prior written approval.If a subcontract is awarded on Init. AIA Document A133- -2019.Copyright©1991,2003,2009,and 2019 by The American Institute of Architects.All rights reserved The"American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents'are registered trademarks and may not be used without permission.This document was produced 15 by AIA software at 18:54:23 ET on 02/11/2021 under Order No.8620299805 which expires on 09/18/2021,is not for resale,is,licensed for one-time use only,and 1 may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (193294 Page 264 Item#13. the basis of cost plus a fee,the Construction Manager shall provide in the subcontract for the Owner to receive the same audit rights with regard to the Subcontractor as the Owner receives with regard to the Construction Manager in Article 10. ARTICLE 10 ACCOUNTING RECORDS The Construction Manager shall keep full and detailed records and accounts related to the Cost of the Work,and exercise such controls,as may be necessary for proper financial management under this Contract and to substantiate all costs incurred.The accounting and control systems shall be satisfactory to the Owner.The Owner and the Owner's auditors shall,during regular business hours and upon reasonable notice,be afforded access to,and shall be permitted to audit and copy,the Construction Manager's records and accounts,including complete documentation supporting accounting entries,books,job cost reports,correspondence,instructions,drawings,receipts,subcontracts,Subcontractor's proposals, Subcontractor's invoices,purchase orders,vouchers,memoranda,and other data relating to this Contract.The Construction Manager shall preserve these records for a period of three years after final payment,or for such longer period as may be required by law ARTICLE 11 PAYMENTS FOR CONSTRUCTION PHASE SERVICES § 11.1 Progress Payments § 11.1.1 Based upon Applications for Payment submitted to the Architect by the Construction Manager,and Certificates for Payment issued by the Architect,the Owner shall make progress payments on account of the Contract Sum,to the Construction Manager,as provided below and elsewhere in the Contract Documents. § 11.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month,or as follows: § 11.1.3 Payments are due and payable net 30 days from Owner's receipt of an Application for Payment.Unless otherwise agreed,payment shall be in the amount certified in the Application for Payment. All payments will be via ACH transfer. § 11.1.4 With each Application for Payment,the Construction Manager shall submit payrolls,petty cash accounts,receipted invoices or invoices with check vouchers attached,and any other evidence required by the Owner or Architect to demonstrate that payments already made by the Construction Manager on account of the Cost of the Work equal or exceed progress payments already received by the Construction Manager,plus payrolls for the period covered by the present Application for Payment,less that portion of the progress payments attributable to the Construction Manager's Fee. § 11.1.5 Each Application for Payment shall be based on the most recent schedule of values submitted by the Construction Manager in accordance with the Contract Documents.The schedule of values shall allocate the entire Guaranteed Maximum Price among:(1)the various portions of the Work;(2)any contingency for costs that are included in the Guaranteed Maximum Price but not otherwise allocated to another line item or included in a Change Order;and(3)the Construction Manager's Fee. § 11.1.5.1 The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require.The schedule of values shall be used as a basis for reviewing the Construction Manager's Applications for Payment. § 11.1.5.2 The allocation of the Guaranteed Maximum Price under this Section 11.1.5 shall not constitute a separate guaranteed maximum price for the Cost of the Work of each individual line item in the schedule of values. § 11.1.5.3 When the Construction Manager allocates costs from a contingency to another line item in the schedule of values,the Construction Manager shall submit supporting documentation to the Architect. § 11.1.6 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment.The percentage of completion shall be the lesser of(1)the percentage of that portion of the Work which has actually been completed,or(2)the percentage obtained by dividing(a)the expense that has actually been incurred by the Construction Manager on account of that portion of the Work and for which the Construction Manager has made payment or intends to make payment prior to the next Application for Payment,by(b) the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values. Init. AIA Document A133- -201 9-Copyright©1991,2003,2009,and 2019 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission This document was produced 16 by AIA software at 18:54:23 ET on 02/11/2021 under Order No 8620299805 which expires on 09/18/2021,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (193294 Page 265 Item#13. § 11.1.7 In accordance with AIA Document A201-2017 and subject to other provisions of the Contract Documents,the amount of each progress payment shall be computed as follows: § 11.1.7.1 The amount of each progress payment shall first include: .1 That portion of the Guaranteed Maximum Price properly allocable to completed Work as determined by multiplying the percentage of completion of each portion of the Work by the share of the Guaranteed Maximum Price allocated to that portion of the Work in the most recent schedule of values; .2 That portion of the Guaranteed Maximum Price properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction or,if approved in writing in advance by the Owner,suitably stored off the site at a location agreed upon in writing; .3 That portion of Construction Change Directives that the Architect determines,in the Architect's professional judgment,to be reasonably justified;and .4 The Construction Manager's Fee,computed upon the Cost of the Work described in the preceding Sections 11.1.7.1.1 and 11.1.7.1.2 at the rate stated in Section 6.1.2 or,if the Construction Manager's Fee is stated as a fixed sum in that Section,an amount that bears the same ratio to that fixed-sum fee as the Cost of the Work included in Sections 11.1.7.1.1 and 11.1.7.1.2 bears to a reasonable estimate of the probable Cost of the Work upon its completion. § 11.1.7.2 The amount of each progress payment shall then be reduced by: .1 The aggregate of any amounts previously paid by the Owner; .2 The amount,if any,for Work that remains uncorrected and for which the Architect has previously withheld a Certificate for Payment as provided in Article 9 of AIA Document A201-2017; .3 Any amount for which the Construction Manager does not intend to pay a Subcontractor or material supplier,unless the Work has been performed by others the Construction Manager intends to pay; .4 For Work performed or defects discovered since the last payment application,any amount for which the Architect may withhold payment,or nullify a Certificate of Payment in whole or in part,as provided in Article 9 of AIA Document A201-2017; .5 The shortfall,if any,indicated by the Construction Manager in the documentation required by Section 11.1.4 to substantiate prior Applications for Payment,or resulting from errors subsequently discovered by the Owner's auditors in such documentation;and .6 Retainage withheld pursuant to Section 11.1.8. § 11.1.8 Retainage § 11.1.8.1 For each progress payment made prior to Substantial Completion of the Work,the Owner may withhold the following amount,as retainage,from the payment otherwise due: 5% (Insert a percentage or amount to be withheld as retainage from each Application for Payment. The amount of retainage may be limited by governing law) § 11.1.8.1.1 The following items are not subject to retainage: (Insert any items not subject to the withholding of retainage, such as general conditions, insurance, etc.) § 11.1.8.2 Reduction or limitation of retainage,if any,shall be as follows:Owner may allow reduction of retainage to 1% per subsequent written agreement. (If the retainage established in Section H.1.8.1 is to be modifiedprior to Substantial Completion of the entire Work, insert provisions for such modification.) § 11.1.8.3 Except as set forth in this Section 11.1.8.3, upon Substantial Completion of the Work,the Construction Manager may submit an Application for Payment that includes the retainage withheld from prior Applications for Payment pursuant to this Section 11.1.8.The Application for Payment submitted at Substantial Completion shall not include retainage as follows: Init. AIA Document A133" -2019.Copyright©1991.2003,2009,and 2019 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced 17 by AIA software at 18:54:23 ET on 02/11/2021 under Order No.8620299805 which expires on 09/18/2021,is not for resale,is licensed for one-time use only,and t may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (193294 Page 266 Item#13. (Insert any other conditions for release of retainage, such as upon completion of the Owner's audit and reconciliation, upon Substantial Completion) §11.1.9 If final completion of the Work is materially delayed through no fault of the Construction Manager,the Owner shall pay the Construction Manager any additional amounts in accordance with Article 9 of AIA Document A201-2017. § 11.1.10 Except with the Owner's prior written approval,the Construction Manager shall not make advance payments to suppliers for materials or equipment which have not been delivered and suitably stored at the site. § 11.1.11 The Owner and the Construction Manager shall agree upon a mutually acceptable procedure for review and approval of payments to Subcontractors,and the percentage of retainage held on Subcontracts,and the Construction Manager shall execute subcontracts in accordance with those agreements. § 11.1.12 In taking action on the Construction Manager's Applications for Payment the Architect shall be entitled to rely on the accuracy and completeness of the information furnished by the Construction Manager., § 11.2 Final Payment § 11.2.1 Final payment,constituting the entire unpaid balance of the Contract Sum,shall be made by the Owner to the Construction Manager when .1 the Construction Manager has fully performed the Contract,except for the Construction Manager's responsibility to correct Work as provided in Article 12 of AIA Document A201-2017,and to satisfy other requirements,if any,which extend beyond final payment; .2 the Construction Manager has submitted a final accounting for the Cost of the Work and a final Application for Payment;and .3 a final Certificate for Payment has been issued by the Architect in accordance with Section 11.2.2.2. § 11.2.2 Within 30 days of the Owner's receipt of the Construction Manager's final accounting for the Cost of the Work, the Owner shall conduct an audit of the Cost of the Work or notify the Architect that it will not conduct an audit. § 11.2.2.1 If the Owner conducts an audit of the Cost of the Work,the Owner shall,within 10 days after completion of the audit,submit a written report based upon the auditors' findings to the Architect. § 11.2.2.2 Within seven days after receipt of the written report described in Section 11.2.2.1,or receipt of notice that the Owner will not conduct an audit,and provided that the other conditions of Section 11.2.1 have been met,the Architect will either issue to the Owner a final Certificate for Payment with a copy to the Construction Manager,or notify the Construction Manager and Owner in writing of the Architect's reasons for withholding a certificate as provided in Article 9 of AIA Document A201-2017.The time periods stated in this Section 11.2.2 supersede those stated in Article 9 of AIA Document A201-2017.The Architect is not responsible for verifying the accuracy of the Construction Manager's final accounting. § 11.2.2.3 If the Owner's auditors' report concludes that the Cost of the Work,as substantiated by the Construction Manager's final accounting,is less than claimed by the Construction Manager,the Construction Manager shall be entitled to request mediation of the disputed amount without seeking an initial decision pursuant to Article 15 of AIA Document A201-2017.A request for mediation shall be made by the Construction Manager within 30 days after the Construction Manager's receipt of a copy of the Architect's final Certificate for Payment.Failure to request mediation within this 30-day period shall result in the substantiated amount reported by the Owner's auditors becoming binding on the Construction Manager.Pending a final resolution of the disputed amount,the Owner shall pay the Construction Manager the amount certified in the Architect's final Certificate for Payment. § 11.2.3 The Owner's final payment to the Construction Manager shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment,or as follows: § 11.2.4 Intentionally Deleted. Init. AIA Document A133" -2019.Copyright©1991.2003,2009,and 2019 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission This document was produced 18 by AIA software at 18:54:23 ET on 02/11/2021 under Order No.8620299805 which expires on 09/18/2021,is not for resale,is licensed for one-time use only,and t may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (193294 Page 267 Item#13. § 11.3Interest Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below. Zero % 0 ARTICLE 12 DISPUTE RESOLUTION § 12.1 Initial Decision Maker § 12.1.1 Any Claim between the Owner and Construction Manager shall be resolved in accordance with the provisions set forth in this Article 12 and Article 15 of A201-2017.However,for Claims arising from or relating to the Construction Manager's Preconstruction Phase services,no decision by the Initial Decision Maker shall be required as a condition precedent to mediation or binding dispute resolution,and Section 12.1.2 of this Agreement shall not apply. § 12.1.2 The Architect will serve as the Initial Decision Maker pursuant to Article 15 of AIA Document A201-2017 for Claims arising from or relating to the Construction Manager's Construction Phase services,unless the parties appoint below another individual,not a party to the Agreement,to serve as the Initial Decision Maker. (Paragraphs deleted) § 12.2 Binding Dispute Resolution For any Claim subject to,but not resolved by mediation pursuant to Article 15 of AIA Document A201-2017,the method of binding dispute resolution shall be as follows: (Check the appropriate box.) [ ] Arbitration pursuant to Article 15 of AIA Document A201-2017 [X ] Litigation in a court of competent jurisdiction [ ] Other: (Specify) If the Owner and Construction Manager do not select a method of binding dispute resolution,or do not subsequently agree in writing to a binding dispute resolution method other than litigation,Claims will be resolved by litigation in a court of competent jurisdiction. §12.3 Attorney Fees In the event of any controversy,claim,or action being filed or instituted between the parties to interpret or enforce the terms of this Agreement or arising from the breach of any provision hereof(whether in tort,contract,or otherwise),the prevailing party shall be entitled to receive from the other party reasonable attorneys'fees,court costs,expert witness fees and any other costs and expenses of such action and in any appeal there from. ARTICLE 13 TERMINATION OR SUSPENSION § 13.1 Termination Prior to Execution of the Guaranteed Maximum Price Amendment § 13.1.1 If the Owner and the Construction Manager do not reach an agreement on the Guaranteed Maximum Price,the Owner may terminate this Agreement upon not less than seven days'written notice to the Construction Manager,and the Construction Manager may terminate this Agreement,upon not less than seven days' written notice to the Owner. § 13.1.2 In the event of termination of this Agreement pursuant to Section 13.1.1,the Construction Manager shall be compensated for Preconstruction Phase services and Work performed prior to receipt of a notice of termination,in accordance with the terms of this Agreement. In no event shall the Construction Manager's compensation under this Section exceed the compensation set forth in Section 5.1. § 13.1.3 Prior to the execution of the Guaranteed Maximum Price Amendment,the Owner may terminate this Agreement upon not less than seven days' written notice to the Construction Manager for the Owner's convenience and without cause,and the Construction Manager may terminate this Agreement,upon not less than seven days'written notice to the Owner,for the reasons set forth in Article 14 of A201-2017. Init. AIA Document A133" -2019.Copyright©1991,2003,2009,and 2019 by The American Institute of Architects,All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced 19 by AIA software at 18:54:23 ET on 02/11/2021 under Order No.8620299805 which expires on 09/18/2021,is not for resale,is licensed for one-lime use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (193294 Page 268 Item#13. § 13.1.4 In the event of termination of this Agreement pursuant to Section 13.1.3,the Construction Manager shall be equitably compensated for Preconstruction Phase services and Work performed prior to receipt of a notice of termination. In no event shall the Construction Manager's compensation under this Section exceed the compensation set forth in Section 5.1. § 13.1.5 If the Owner terminates the Contract pursuant to Section 13.1.3 after the commencement of the Construction Phase but prior to the execution of the Guaranteed Maximum Price Amendment,the Owner shall pay to the Construction Manager an amount calculated as follows,which amount shall be in addition to any compensation paid to the Construction Manager under Section 13.1.4: .1 Take the Cost of the Work incurred by the Construction Manager to the date of termination; .2 Add the Construction Manager's Fee computed upon the Cost of the Work to the date of termination at the rate stated in Section 6.1 or,if the Construction Manager's Fee is stated as a fixed sum in that Section,an amount that bears the same ratio to that fixed-sum Fee as the Cost of the Work at the time of termination bears to a reasonable estimate of the probable Cost of the Work upon its completion; and .3 Subtract the aggregate of previous payments made by the Owner for Construction Phase services. § 13.1.6 The Owner shall also pay the Construction Manager fair compensation,either by purchase or rental at the election of the Owner,for any equipment owned by the Construction Manager that the Owner elects to retain and that is not otherwise included in the Cost of the Work under Section 13.1.5.1.To the extent that the Owner elects to take legal assignment of subcontracts and purchase orders(including rental agreements),the Construction Manager shall,as a condition of receiving the payments referred to in this Article 13,execute and deliver all such papers and take all such steps,including the legal assignment of such subcontracts and other contractual rights of the Construction Manager,as the Owner may require for the purpose of fully vesting in the Owner the rights and benefits of the Construction Manager under such subcontracts or purchase orders.All Subcontracts,purchase orders and rental agreements entered into by the Construction Manager will contain provisions allowing for assignment to the Owner as described above. § 13.1.6.1 If the Owner accepts assignment of subcontracts,purchase orders or rental agreements as described above,the Owner will reimburse or indemnify the Construction Manager for all costs arising under the subcontract,purchase order or rental agreement,if those costs would have been reimbursable as Cost of the Work if the contract had not been terminated.If the Owner chooses not to accept assignment of any subcontract,purchase order or rental agreement that would have constituted a Cost of the Work had this agreement not been terminated,the Construction Manager will terminate the subcontract,purchase order or rental agreement and the Owner will pay the Construction Manager the costs necessarily incurred by the Construction Manager because of such termination. § 13.2 Termination or Suspension Following Execution of the Guaranteed Maximum Price Amendment § 13.2.1 Termination The Contract may be terminated by the Owner or the Construction Manager as provided in Article 14 of AIA Document A201-2017. § 13.2.2 Termination by the Owner for Cause § 13.2.2.1 If the Owner terminates the Contract for cause as provided in Article 14 of AIA Document A201-2017,the amount,if any,to be paid to the Construction Manager under Article 14 of AIA Document A201-2017 shall not cause the Guaranteed Maximum Price to be exceeded,nor shall it exceed an amount calculated as follows: .1 Take the Cost of the Work incurred by the Construction Manager to the date of termination; .2 Add the Construction Manager's Fee,computed upon the Cost of the Work to the date of termination at the rate stated in Section 6.1 or,if the Construction Manager' Fee is stated as a fixed sum in that Section,an amount that bears the same ratio to that fixed-sum Fee as the Cost of the Work at the time of termination bears to a reasonable estimate of the probable Cost of the Work upon its completion; .3 Subtract the aggregate of previous payments made by the Owner;and .4 Subtract the costs and damages incurred,or to be incurred,by the Owner under Article 14 of AIA Document A201-2017. § 13.2.2.2 The Owner shall also pay the Construction Manager fair compensation,either by purchase or rental at the election of the Owner,for any equipment owned by the Construction Manager that the Owner elects to retain and that is not otherwise included in the Cost of the Work under Section 13.2.2.1.1.To the extent that the Owner elects to take legal assignment of subcontracts and purchase orders(including rental agreements),the Construction Manager shall,as a condition of receiving the payments referred to in this Article 13,execute and deliver all such papers and take all such Init. AIA Document A133- -2019.Copyright©1991,2003,2009,and 2019 by The American Institute of Architects,All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permissl6n.ThisdoWment was produced 20 by AIA software at 18:54:23 ET on 02/11/2021 under Order No.8620299805 which expires on 09/18/2021,is not for resale,k�licensed for Grit-time use only,and t may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (193294 Page 269 Item#13. steps,including the legal assignment of such subcontracts and other contractual rights of the Construction Manager,as the Owner may require for the purpose of fully vesting in the Owner the rights and benefits of the Construction Manager under such subcontracts or purchase orders. § 13.2.3 Termination by the Owner for Convenience If the Owner terminates the Contract for convenience in accordance with Article 14 of AIA Document A201-2017,then the Owner shall pay the Construction Manager a termination fee as follows: (Insert the amount of or methodfor determining the fee, if any,payable to the Construction Manager following a termination for the Owner's convenience.) § 13.3 Suspension The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201-2017;in such case,the Guaranteed Maximum Price and Contract Time shall be increased as provided in Article 14 of AIA Document A201-2017,except that the term "profit" shall be understood to mean the Construction Manager's Fee as described in Sections 6.1 and 6.3.5 of this Agreement. ARTICLE 14 MISCELLANEOUS PROVISIONS § 14.1 Terms in this Agreement shall have the same meaning as those in A201-2017.Where reference is made in this Agreement to a provision of AIA Document A201-2017 or another Contract Document,the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 14.2 Successors and Assigns § 14.2.1 The Owner and Construction Manager,respectively,bind themselves,their partners,successors,assigns and legal representatives to covenants,agreements,and obligations contained in the Contract Documents.Except as provided in Section 14.2.2 of this Agreement,and in Section 13.2.2 of A201-2017,neither party to the Contract shall assign the Contract as a whole without written consent of the other.If either party attempts to make an assignment without such consent,that party shall nevertheless remain legally responsible for all obligations under the Contract. §14.2.2 The Owner may,without consent of the Construction Manager,assign the Contract to a lender providing construction financing for the Project,if the lender assumes the Owner's rights and obligations under the Contract Documents.The Construction Manager shall execute all consents reasonably required to facilitate the assignment. § 14.3Insurance and Bonds § 14.3.1 Preconstruction Phase The Construction Manager shall maintain the following insurance for the duration of the Preconstruction Services performed under this Agreement.If any of the requirements set forth below exceed the types and limits the Construction Manager normally maintains,the Owner shall reimburse the Construction Manager for any additional cost. § 14.3.1.1 Commercial General Liability with policy limits of not less than One Million Dollars ($ 1,000,000 )for each occurrence and Two Million Dollars ($$2,000,000 )in the aggregate for bodily injury and property damage. § 14.3.1.2 Automobile Liability covering vehicles owned,and non-owned vehicles used,by the Construction Manager with policy limits of not less than One Million Dollars ($ 1,000,000 )per accident for bodily injury,death of any person, and property damage arising out of the ownership,maintenance and use of those motor vehicles,along with any other statutorily required automobile coverage. § 14.3.1.3 The Construction Manager may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess or umbrella liability insurance,provided that such primary and excess or umbrella liability insurance policies result in the same or greater coverage as the coverages required under Sections 14.3.1.1 and 14.3.1.2,and in no event shall any excess or umbrella liability insurance provide narrower coverage than the primary policy.The excess policy shall not require the exhaustion of the underlying limits only through the actual payment by the underlying insurers. Init. AIA Document A733- -2019.Copyright©1991,2003,2009,and 2019 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced 21 by AIA software at 18:54:23 ET on 02/11/2021 under Order No 8620299805 which expires on 09/18/2021,is not for resale,is licensed for one-time use only,and t may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (193294 Page 270 Item#13. § 14.3.1.4 Workers' Compensation at statutory limits and Employers Liability with policy limits not less than One Hundred Thousand Dollard ($ 100,000 )each accident,One Hundred Thousand Dollars ($ 100,000 )each employee, and Five Hundred Thousand Dollars ($500,000 )policy limit. § 14.3.1.5 Professional Liability covering negligent acts,errors and omissions in the performance of professional services, with policy limits of not less than One Million Dollars ($ 1,000,000 )per claim and One Million Dollars ($ 1,000,000 )in the aggregate. § 14.3.1.6 Other Insurance (List below any other insurance coverage to be provided by the Construction Manager and any applicable limits.) Coverage Limits § 14.3.1.7 Additional Insured Obligations.To the fullest extent permitted by law,the Construction Manager shall cause the primary and excess or umbrella polices for Commercial General Liability and Automobile Liability to include the Owner as an additional insured for claims caused in whole or in part by the Construction Manager's negligent acts or omissions.The additional insured coverage shall be primary and non-contributory to any of the Owner's insurance policies and shall apply to both ongoing and completed operations. § 14.3.1.8 The Construction Manager shall provide certificates of insurance to the Owner that evidence compliance with the requirements in this Section 14.3.1 within 14 days of the execution of this agreement. § 14.3.2 Construction Phase After execution of the Guaranteed Maximum Price Amendment,the Owner and the Construction Manager shall purchase and maintain insurance as set forth in AIA Document Al33Tm-2019,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,Exhibit B,Insurance and Bonds,and elsewhere in the Contract Documents. § 14.3.2.1 The Construction Manager shall provide bonds as set forth in AIA Document A]33TM-2019 Exhibit B,and elsewhere in the Contract Documents within 14 days of execution of this agreement. § 14.4 Notice in electronic format,pursuant to Article 1 of AIA Document A201-2017,may be given in accordance with AIA Document E203TM-2013,Building Information Modeling and Digital Data Exhibit,if completed,or as otherwise set forth below: (If other than in accordance with AIA Document E203-2013, insert requirements for delivering notice in electronic format such as name,title, and email address of the recipient and whether and how the system will be required to generate a read receipt for the transmission) § 14.5 Other provisions: ARTICLE 15 SCOPE OF THE AGREEMENT § 15.1 This Agreement represents the entire and integrated agreement between the Owner and the Construction Manager and supersedes all prior negotiations,representations or agreements,either written or oral.This Agreement may be amended only by written instrument signed by both Owner and Construction Manager. § 15.2 The following documents comprise the Agreement: 1 AIA Document A133Tm-2019,Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price,as modified for this Project. .2 AIA Document A133TM-2019,Exhibit A,Guaranteed Maximum Price Amendment,if executed .3 AIA Document A133Tm-2019,Exhibit B,Insurance and Bonds .4 AIA Document A201 TM-2017,General Conditions of the Contract for Init. AIA Document A133- -2019.Copyright©1991.2003,2009,and 2019 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission This document was produced 22 by AIA software at 18:54:23 ET on 02/11/2021 under Order No.8620299805 which expires on 0 9/1 812 0 2 1,is not for resale,is licensed for one-time use Only,and t may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (193294 Page 271 Item#13. (Paragraphs deleted) Construction,as modified for this Project. .5 .6 Other Exhibits: (Check all boxes that apply.) [ ] AIA Document E234TM-2019,Sustainable Projects Exhibit,Construction Manager as Constructor Edition,dated as indicated below: (Insert the date of the E234-2019 incorporated into this Agreement.) [ X ] Supplementary and other Conditions of the Contract:City of Meridian's Supplemental General Conditions which contains terms and conditions regarding Final Acceptance which shall supersede the language of the A133-2019 related to Substantial Completion. Document Title Date Pages .7 Other documents,if any,listed below: (List here any additional documents that are intended to form part of the Contract Documents.AIA DocumentA201-2017provides that the advertisement or invitation to bid, Instructions to Bidders,sample forms, the Construction Manager's bid or proposal,portions ofAddenda relating to bidding or proposal requirements,and other information furnished by the Owner in anticipation of receiving bids or proposals, are not part of the Contract Documents unless enumerated in this Agreement.Any such documents should be listed here only if intended to be part of the Contract Documents) ,.on�o5t`T�i•o�osai:'da're$` y�; -- This Agreement is entered into as of the day and year first written abovAXI/ OWNER(Signature) CONS UC N ANA (Signature) i Robert E. Simison Mayor 2-23-2021 Joe Jacl. n, ecutive Vice President I (Printed name and title) Init. AIA Document A133- -2019.Copyright m 1991,2003,2009,and 2019 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced 23 by AIA software at 18:54:23 ET on 02/11/2021 under Order No.8620299805 which expires on 09/18/2021,is not for resale,is licensed for one-time use only,and t may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (193294 Page 272 Item#13. Additions and Deletions Report for AIA®Document A 133" — 2019 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 18:54:23 ET on 02/11/2021. PAGE AGREEMENT made as of the 1 lth day of February in the year 2021 The City of Meridian.an Idaho Municipal Corporation 33 E. Broadway Avenue Meridian. ID 83642 Engineered Structures.Inc 3330 East_Lnuise Drive.Ste 300 Meridian,ID 83642 Meridian New Fire Station 7 and 8 Meridian New Police Precincts 1 and 2 e rAF t M Rice Fciller 275 Fifth Street.Suite I00 Bremerton WA 98337 PAGE 2 ." Unknown at time of execution. Additions and Deletions Report for AIA Document A133" -2019.Copyright©1991,2003,2009,and 2019 by The American Institute of Architects All rights reserved The"American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without 1 permission This document was produced by AIA software at 18:54:23 ET on 02/11/2021 under Order No 8620299805 which expires on 09/18/2021,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service To report copyright violations, e-mail copyright@aia.org. User Notes: (193294 Page 273 Item#13. Unknown at time of execution. Unknown at time of execution. Unknown at time of execution. PAGE 3 Unknown at time of execution. Unknown at time of execution. Unknown at time of execution. None None Unknown at time of execution. Unknown at time of execution. Unknown at time of execution. PAGE 4 Unknown at time of execution. Unknown at time of execution. Gunnar Gladics Additions and Deletions Report for AIA Document A133- -2019-Copyright©1991,2003,2009,and 2019 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without 2 permission.This document was produced by AIA software at 18:54:23 ET on 02111/2021 under Order No.8620299805 which expires on 09/18/2021,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations, e-mail copyright@aia.org. User Notes: (193294 Page 274 Item#13. Robert Snow,Superintendent. None None PAGE 5 The Construction Manager accepts the relationship of trust and confidence established by this Agreement and covenants with the Owner to cooperate with the Architect and exercise the Construction Manager's best skill and judgment in furthering the interests of the Owner to furnish efficient construction administration,management services,and supervision;to furnish at all times an adequate supply of workers and materials;to use its hest efforts to manage the Project and to perform the Work in an expeditious and economical manner consistent with the Owner's interests.The Construction Mana er acknowledges that it owes a contractual duly to the Owner for all of its construction mana entent services in connection with the Project.The Construction Manager covenants and represents that it has the professional expertise.manpower,and ca achy to undertake successfully the services that it shall Drovide herein to satisfactorily mana a and coml2lete the Project, The Owner agrees to furnish or approve,in a timely manner,information required by the Construction Manager and to make payments to the Construction Manager in accordance with the requirements of the Contract Documents. § 2.3.1 For the Preconstruction Phase,AIA Document A201TM-2017,General Conditions of the Contract for Con s I ri iytien—,Construction as revised far this Proiect,shall apply as follows: Section 1.5,Ownership and Use of Documents; Section 1.7,Digital Data Use and Transmission; Section 1.8,Building Information Model Use and Reliance; Section 2.2.4,Confidential Information; Section 3.12.10,Professional Services; Section 10.3,Hazardous Materials; Section 13.1,Governing Law.The term "Contractor" as used in A201-2017 shall mean the Construction Manager. § 2.3.2 For the Construction Phase,the general conditions of the contract shall be as set forth in 20ir�vi-2017,- A201-2017 as revised for this proiect which document is incorporated herein by reference.The term"Contractor"as used in A201-2017 shall mean the Construction Manager. The Construction Manager's Preconstruction Phase responsibilities are set forth in Sections 3.1 and 3.2,and in the applicable provisions of A201-2017 referenced in Section 2.3.1.The Construction Manager's Construction Phase responsibilities are set forth in Section 3.3.The Ownef amid Construe6eii Mana consuhaiian wiih the t elk,-.1,..ses•ill prweea eaNew:f:eiqfl),.Tke Construction Manager shall identify a representative authorized to act on behalf of the Construction Manager with respect to the Project. PAGE 6 The Construction Manager,in consultation with the Architect,shall provide recommendations with regard to accelerated or fast-track scheduling,procurement,and sequencing for phased construction.The Construction Manager shall take into consideration cost reductions,cost information,constructability,provisions for temporary facilities,and procurement and construction scheduling issues. The CDnstrtiction Manag&rshall take reMonsibility for all fast-track related work. Additions and Deletions Report for AIA Document A133" -2019.Copyright O 1991,2003,2009,and 2019 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without 3 permission This document was produced by AIA software at 18:54:23 ET on 02/11/2021 under Order No.8620299805 which expires on 09/18/2021,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations, e-mail copyright@aia org. User Notes: (193294 Page 275 Item#13. § 3.1.6.2 As the Architect progresses with the preparation of the Schematic Design,Design Development and Construction Documents,the Construction Manager shall prepare estimates at Schematic Design.Des'sgn Development.and at 70%Construction Documents and update,at appropriate intervals agreed to by the Owner, Construction Manager and Architect,an estimate of the Cost of the Work with increasing detail and refinement.44 e approval: The Construction Manager shall inform the Owner and Architect in the event that the estimate of the Cost of the Work exceeds the latest approved Project budget,and make recommendations for corrective action. § 3.1.7 As the Architect progresses with the preparation of the Schematic Design,Design Development and Construction Documents,the Construction Manager shall consult with the Owner and Architect and make recommendations regarding constructability and schedules,for the Architect's review and the Owner's areyal.acceptance. PAGE 7 The Construction Manager shall prepare,for the Architect's review and the Owner's acceptance,a procurement schedule for items that must be ordered in advance of construction.The Construction Manager shall expedite and coordinate the ordering and delivery of materials that must be ordered in advance of construction.If the Owner agrees to procure any items prior to the establishment of the Guaranteed Maximum Price,the Owner shall procure the items Manager st,a rt,ere a11er_a.,oepa re h:l.!„ C,-et efn per the Owner's P roc u rem enI pot icy. PAGE 8 § 3.2.4 In preparing the Construction Manager's Guaranteed Maximum Price proposal,the Construction Manager shall include a contingency for the Construction Manager's else use,with Owner's written approval.to cover those costs that are included in the Guaranteed Maximum Price but not otherwise allocated to another line item or included in a Change Order.Allowable uses will be defined in the Guaranteed Maximum Price Amendment. § 3.3.2.1 T1'ea r .,R I .....: ,AA a .o rw a n ..h .a.,to a r.9..i,. en+:.„s In addition to Ili rrteetin s wilh Owner's Project Manaser and Construction Managers Superin ten dcnl which shall occur at least every other week,the Construction Manager's executive team [Including Executive Vice President.Sensor Project Manager.and Director of Construction)assigned to this Project shall schedule and conduct meetings► itILOwn_er at_I_cast every other month to discuss such matters as procedures,progress,coordination,scheduling,and status of the Work.The Construction Manager shall prepare and promptly distribute minutes of the meetings to the Owner and Architect. PAGE 9 §3.3.2.6 Meetings with Owner's Governing Council The Construction Manager shall be available to meet with Owner's Governing Council(Meridian City CouncilLas shall be reasonably scheduled by the Owner's designated re p re se n[at i ve. § 4.1.3'Phe Owner-shall establish and pei-iadieally updaie the Qwnei:Zs budge!Fer the RFF�erat.inelmdiRg(i)the budge! qua!4y.Intentionally Deleted. PAGE 10 Additions and Deletions Report for AIA Document A133"-2019 Copyright©1991,2003,2009,and 2019 by The American Institute of Architects.All rights reserved The"American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without 4 permission This document was produced by AIA software at 18:54:23 ET on 02/11/2021 under Order No.8620299805 which expires on 09/18/2021,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations, e-mail copyright@aia.org. User Notes: (193294 Page 276 Item#13. The Owner shall retain an Architect to provide services,duties and responsibilities as described in AIA Document B133TM-2019,Standard Form of Agreement Between Owner and Architect,Construction Manager as Constructor Sdkian,Edition as modified f'or this project. including any additional services requested by the Construction Manager that are necessary for the Preconstruction and Construction Phase services under this Agreement.The Owner shall provide the Construction Manager with a copy of the scope of services in the executed agreement between the Owner and the Architect,and any further modifications to the Architect's scope of services in the agreement. § 5.1.1 For the Construction Manager's Preconstruction Phase services described in Sections 3.1 and 3.2,the Owner shall compensate the Construction Manager as follows: See Con strUCtiOn Managers Preconstruction Cost Proposal,dated Ianuary 7.2021. §5.1.2 The hourly billing rates for Preconstruction Phase services of the Construction Manager and the Construction Manager's Consultants and Subcontractors, if any,are set forth below. See Construction Manaz;ers Preconstl'LICLiOn Cost—Proposal.dated December 15.2020 r..,ar.aa..et or paniflan Rate § 5.1.3 If the Preconstruction Phase services covered by this Agreement have not been completed within Nine (9 ) months of the date of this Agreement,through no fault of the Construction Manager,the Construction Manager's compensation for Preconstruction Phase services shall be equitably adjusted. PAGE 11 § 5.2.2 Payments are due and...,,.able.,pen pi,esentAiemi Idet 30 dgys after receipt pf the Construction Manager's correct invoice.Amounts unpaid Net 30 ( )days after the invoice date shall bear interest at the rate entered belew, or shp..;Rof --%--zero % 0 Four and Thl=-Quarters Percent(4.75%) Four and'I'I?rec-Quarters Percent{4.75°Io) Ten Percent[E 0%)Overhead on direct cost of work and Five Percent(5%)Fee on direct cost of►work. § 6.1.5 Rental rates for Construction Manager-owned equipment shall not exceed Seventy Five percent(75.00 %)of the standard rental rate paid at the place of the Project. Additions and Deletions Report for AIA Document A133--2019.Copyright©1991,2003,2009,and 2019 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without 5 permission.This document was produced by AIA software at 18:54:23 ET on 02/11/2021 under Order No.8620299805 which expires on 09/18/2021,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations, e-mail copyright@aia,org. User Notes: (193294 Page 277 Item#13. One'l-ltousaiid Dollars($1.000.00)per day. R 6.14 T § 6.3.1.1 The Architect may order minor changes in the Work as provided in Article 7 of AIA Document A201-2017, General Conditions of the Contract for Construction. Owner will not be responsible tijr any changes it has not requested or approved in writing, PAGE 12 PAGE 14 § 7.6.9 Legal,mediation and costs,including attorneys' fees,other than those arising from disputes between the Owner and Construction Manager,reasonably incurred by the Construction Manager after the execution of this Agreement in the performance of the Work and with the Owner's prior approval,which shall not be unreasonably withheld. § 7.6.11 l ntentionally Deleted. § 7.7.3 Costs of repairing or correcting damaged or nonconforming Work executed by the Construction Manager, Subcontractors,or suppliers,provided that such damaged or nonconforming Work was not caused by the negligence of,or failure to fulfill a specific responsibility by,the Construction Manager,Subcontractors,or Suppliers and only to the extent that the cost of repair or correction is not recovered by the Construction Manager from insurance,sureties, Subcontractors,suppliers,or others. PAGE 15 § 9.1.1 When a specific subcontractor or supplier(1)is recommended to the Owner by the Construction Manager;(2) is qualified to perform that portion of the Work; and(3)has submitted a bid that conforms to the requirements of the Contract Documents without reservations or_x_.�-e-!i&n:&:-_,exceplinns and has subtnitted the lowest h ti,but the Owner requires that another bid be accepted,then the Construction Manager may require that a Change Order be issued to adjust the Guaranteed Maximum Price by the difference between the bid of the person or entity recommended to the Owner by the Construction Manager and the amount of the subcontract or other agreement actually signed with the person or entity designated by the A+ raes Ota per if the amount is higher than the rec ammended bid. If the amount is iower then the GM1)shall be reduced by the difference. PAGE 16 The Construction Manager shall keep full and detailed records and accounts related to the Cost of the Work,and exercise such controls,as may be necessary for proper financial management under this Contract and to substantiate all costs incurred.The accounting and control systems shall be satisfactory to the Owner.The Owner and the Owner's auditors shall,during regular business hours and upon reasonable notice,be afforded access to,and shall be permitted Additions and Deletions Report for AIA Document A133- -2019 Copyright©1991,2003,2009,and 2019 by The American Institute of Architects All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without 6 permission.This document was produced by AIA software at 18:54:23 ET on 02/11/2021 under Order No.8620299805 which expires on 09/18/2021,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations, e-mail copyright@aia org. User Notes: (193294 Page 278 Item#13. to audit and copy,the Construction Manager's records and accounts,including complete documentation supporting accounting entries,books,job cost reports,correspondence, instructions,drawings,receipts,subcontracts, Subcontractor's proposals,Subcontractor's invoices,purchase orders,vouchers,memoranda,and other data relating to this Contract.The Construction Manager shall preserve these records for a period of three years after final payment, or for such longer period as may be required by iaA-law § 11.1.3 4an Appimealien figi-Payment is i-eeems.,ed by Elie A"ehheet R kof the app!iemien date ked above.paymen!A-f the Pa meats are due and a able act 30 days from 0%viicr's receipt of an Apt)lication for Payment. Unless 0 L herwi Se ag reed.paNrment shall be in the amount certified in the Application for Pavment. All payments will be via ACH transfer. PAGE 17 § 11.1.8.1 For each progress payment made prior to Substantial Completion of the Work,the Owner may withhold the following amount,as retainage,from the payment otherwise due: 5% § 11.1.8.2 Reduction or limitation of retainage,if any,shall be as follows:Owner may allow reduction ol"retainage to I%per subsequent written agreement. PAGE 18 § 11.1.12 In taking action on the Construction Manager's Applications for Payment the Architect shall be entitled to rely on the accuracy and completeness of the information furnished by the Construction Nilaiiager,and stle.aeflan RJJd .�:.....s asilr,..,_in(lie role_ntere..+_o fii a Gw+iei Manageer.. § 91.2.4 Intentionally Deleted. PAGE19 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated belert~ helou. --%--Zero % 0 Additions and Deletions Report for AIA Document A133"-2019.Copyright©1991,2003,2009,and 2019 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without 7 permission.This document was produced by AIA software at 18:54:23 ET on 02/11/2021 under Order No,8620299805 which expires on 09/18/2021,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations, e-mail copyright@aia.org. User Notes: (1932940 Page 279 Item#13. .r,.,,..1,..,..,t.., .1.. r.kee ) [X Litigation in a court of competent jurisdiction If the Owner and Construction Manager do not select a method of binding dispute resolution,or do not subsequently agree in writing to a binding dispute resolution method other than litigation,Claims will be resolved by litigation in a court of competent jurisdiction. 8 12.3 Attorney Fees In the:event of any controversy.claim.or action being[tied or instituted between the nartics to intcrpret or enforce the terms of this A rrecment or arisine from the breach of any provision hereof ►vhcthcr in tort.contract.or other%6se ,the DrevaiIingparty shall be entitled to receive from the other nasty reasonable attorneys' fees.court casts,expert witness frees avid any other costs and expenses orsuch action and in any anneal there from. PAGE 21 § 14.3.1.1 Commercial General Liability with policy limits of not less than One Million Dollars ($ 1.00000 )for each occurrence and Two Million Dollars ($$2.000,000 )in the aggregate for bodily injury and property damage. § 14.3.1.2 Automobile Liability covering vehicles owned,and non-owned vehicles used,by the Construction Manager with policy limits of not less than One Million Dollars ($1.000,000 ]per accident for bodily injury,death of any person,and property damage arising out of the ownership,maintenance and use of those motor vehicles,along with any other statutorily required automobile coverage. PAGE 22 § 14.3.1.4 Workers'Compensation at statutory limits and Employers Liability with policy limits not less than One Hundred Thousand Dollard ($1QQ&90 )each accident,One Hundred Thousand Dollars ($ 100.000 )each employee,and Five Hundred Thousand Dollars ($S_00,000 )policy limit. § 14.3.1.5 Professional Liability covering negligent acts,errors and omissions in the performance of professional services,with policy limits of not less than Qne Million Dollars ($1.000,000 7 per claim and One Million Dollars ($ 1.000,000 )in the aggregate. § 14.3.1.8 The Construction Manager shall provide certificates of insurance to the Owner that evidence compliance with the requirements in this Section 14.3.1.14.3.1 within 14 days of the execution of this agreement. § 14.3.2.1 The Construction Manager shall provide bonds as set forth in AIA Document A133TM-2019 Exhibit B,and elsewhere in the Contract Doear*ex6i:Docttments within 14 days of execution of this agreement. Additions and Deletions Report for AIA Document A133"-2019.Copyright©1991,2003,2009,and 2019 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without 8 permission.This document was produced by AIA software at 18:54:23 ET on 02/11/2021 under Order No 8620299805 which expires on 09/18/2021,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations, e-mail copyright@aia.org. User Notes: (193294 Page 280 Item#13. .1 AIA Document A133Tm-2019,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 PfisePrice.as modified for[leis Project. .4 AIA Document A201 TM-2017,General Conditions of the Contract for Censtrupt-ie4; Construction.as modified for this Pr^ oiect. .5 PAGE 23 [ XI Supplementary and other Conditions of the Contract:City of Meridiun's Supplemental General Conditions which contains terms and conditions reeardinp,Final Acceptance which shall supersede the lan t1a e of the A 133-2019 related to Substantial Completion. Construction NUnamay,Precoobw4lan Co,%4 ant► l'.+ 2 r3_Imum 7. Hobert E.Simison Mayor .foe Jackson.Executive Vice President (A-kek,d name ond Nske' (Printed name and title) Additions and Deletions Report for AIA Document A133"-2019.Copyright©1991,2003,2009,and 2019 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without 9 permission This document was produced by AIA software at 18:54:23 ET on 02/11/2021 under Order No.8620299805 which expires on 09/18/2021,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations, e-mail copyright@aia.org. User Notes: (193294 Page 281 Item#13. Certification of Documents Authenticity AIA®Document D401 TIN - 2003 I, ,hereby certify,to the best of my knowledge,information and belief,that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 18:54:23 ET on 02/11/2021 under Order No. 8620299805 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA®Document A133TM—2019,Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price,as published by the AIA in its software,other than those additions and deletions shown in the associated Additions and Deletions Report. (Signed) (Title) (Dated) AIA Document D401, -2003,Copyright©1992 and 2003 by The American Institute of Architects.All rights reserved.The"American Institute of Architects," "AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 18:54:23 ET on 02/11/2021 under Order No.8620299805 which expires on 09/18/2021,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (193294 Page 282 Item#13. N N SL/i p� S S S S S S S S u�i S p 8 p L C O 01 N S An v/ S VOT VOf An V ut 8 00 op M N O O V M N N N In N wSv�iSSSSS SSS � S $ LL Q an S in V� .ten a 'n S o O G1 00 00 M N u ni w w m m a. 3 Vr In V� S � � o (U g uli S S S S S S O O lOn o g �, LL Ln I, V1 � O O o O O O N O N C O 01 00 pp to 4^ m v1 VT A in u In N O Y N �I C N SLol S S S S S S S S L O f S� •' G C N O N S LO1 N S O VT VOT On t � in S O 01 .ti u° 00 00 M v�i N N V1 t4 N O LL r v u g $ SSSSS N ri r4 tD N Li Ln S S S W N ti N a^/T M N N N VO}VO1 O L1 V! �+ O 2 at z R O x x x x x x x x w 2 c u � Sg8SS8g 88S o a M O m m 0 0 N 0 6 � O M Xl rl r N t a c w 0 v 0 N c C: Oi O o — H a m E o 0 Y o �u a Y m m ; �+ 3 4 m m 2 u o o n o, v a) " c N co co m 0 0 E 3 o m a` z z 3 z c N p O ' i1 2 a U Cd 6 5 w o0 L o -E! Y ` C c N u a 1 K i 101 N m > _ a m ° ° ° ° c `^ ry u m' 0. a N O "0 m fi W C m _ i 0 c in (u E E E ? c u 2 d m m L" y w 0 0 w w w a mW, Li Page 283 Item#13. 111"wAIA Document A201 -- 2417 General Conditions of the Contract for Construction for the following PROJECT: (Name and location or address) Meridian,New Fire Station 7 and 8 ADDITIONS AND DELETIONS: Meridian New Police Station 1 and 2 The author of this document has added information needed for its THE OWNER: completion.The author may also (Name, legal status and address) have revised the text of the original AIA standard form.An Additions and Deletions Report that notes added City of Meridian,an Idaho Municipal Corporation information as well as revisions to the 33 E.Broadway Avenue standard form text is available from Meridian,Idaho 83642 the author and should be reviewed.A vertical line in the left margin of this THE ARCHITECT: document indicates where the author (Name, legal status and address) has added necessary information and where the author has added to or Rice Fergus Miller deleted from the original AIA text 275 fifth Street,Suite 100 Bremerton,WA 98337 This document has important legal consequences.Consultation with an TABLE OF ARTICLES attorney is encouraged with respect to its completion or modification. 1 GENERAL PROVISIONS For guidance in modifying this document to include supplementary 2 OWNER conditions,see AIA Document A503TM,Guide for Supplementary 3 CONTRACTOR Conditions. 4 ARCHITECT 5 SUBCONTRACTORS 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 7 CHANGES IN THE WORK 8 TIME 9 PAYMENTS AND COMPLETION 10 PROTECTION OF PERSONS AND PROPERTY 11 INSURANCE AND BONDS 12 UNCOVERING AND CORRECTION OF WORK 13 MISCELLANEOUS PROVISIONS Init. AIA DocumentA201®-2017.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970.1976,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved,The"American Institute of Architects,""AIA,"the AIA Logo,"A201,"and"AIA Contract Documents"are 1 registered trademarks and may not be used without permission.This document was produced by AIA software at 18:54:39 ET on 02/11/2021 under Order No.8620299805 which expires on 09/18/2021,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia org User Notes: (114761 Page 284 Item#13. 14 TERMINATION OR SUSPENSION OF THE CONTRACT 15 CLAIMS AND DISPUTES Init. AIA Document A2010-2017.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,"A201,"and"AIA Contract Documents"are 2 registered trademarks and may not be used without permission.This document was produced by AIA software at 18:54:39 ET on 02/11/2021 under Order / No.8620299805 which expires on 09/18/2021,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (114761 Page 285 Item#13. INDEX Architect's Authority to Reject Work (Topics and numbers in bold are Section headings.) 3.5,4.2.6, 12.1.2, 12.2.1 Architect's Copyright 1.1.7, 1.5 Acceptance of Nonconforming Work Architect's Decisions 9.6.6,9.9.3, 12.3 3.7.4,4.2.6,4.2.7,4.2.11,4.2.12,4.2.13,4.2.14,6.3, Acceptance of Work 7.3.4,7.3.9,8.1.3,8.3.1,9.2,9.4.1,9.5,9.8.4,9.9.1, 9.6.6,9.8.2,9.9.3,9.10.1,9.10.3, 12.3 13.4.2, 15.2 Access to Work Architect's Inspections 3.16,6.2.1, 12.1 3.7.4,4.2.2,4.2.9,9.4.2,9.8.3,9.9.2,9.10.1, 13.4 Accident Prevention Architect's Instructions 10 3.2.4,3.3.1,4.2.6,4.2.7, 13.4.2 Acts and Omissions Architect's Interpretations 3.2,3.3.2,3.12.8,3.18,4.2.3, 8.3.1,9.5.1, 10.2.5, 4.2.11,4.2.12 10.2.8, 13.3.2, 14.1, 15.1.2, 15.2 Architect's Project Representative Addenda 4.2.10 1.1.1 Architect's Relationship with Contractor Additional Costs,Claims for 1.1.2, 1.5,2.3.3,3.1.3,3.2.2,3.2.3,3.2.4,3.3.1,3.4.2, 3.7.4,3.7.5, 10.3.2, 15.1.5 3.5,3.7.4,3.7.5,3.9.2,3.9.3,3.10,3.11,3.12,3.16, Additional Inspections and Testing 3.18,4.1.2,4.2,5.2,6.2.2,7, 8.3.1,9.2,9.3,9.4,9.5, 9.4.2,9.8.3, 12.2.1, 13.4 9.7,9.8,9.9, 10.2.6, 10.3, 11.3, 12, 13.3.2, 13.4, 15.2 Additional Time,Claims for Architect's Relationship with Subcontractors 3.2.4,3.7.4,3.7.5,3.10.2, 8.3.2, 15.1.6 1.1.2,4.2.3,4.2.4,4.2.6,9.6.3,9.6.4, 11.3 Administration of the Contract Architect's Representations 3.1.3,4.2,9.4,9.5 9.4.2,9.5.1,9.10.1 Advertisement or Invitation to Bid Architect's Site Visits 1.1.1 3.7.4,4.2.2,4.2.9,9.4.2,9.5.1,9.9.2,9.10.1, 13.4 Aesthetic Effect Asbestos 4.2.13 10.3.1 Allowances Attorneys' Fees 3.8 3.18.1,9.6.8,9.10.2, 10.3.3 Applications for Payment Award of Separate Contracts 4.2.5,7.3.9,9.2,9.3,9.4,9.5.1,9.5.4,9.6.3,9.7,9.10 6.1.1,6.1.2 Approvals Award of Subcontracts and Other Contracts for 2.1.1,2.3.1,2.5,3.1.3,3.10.2,3.12.8,3.12.9, Portions of the Work 3.12.10.1,4.2.7,9.3.2, 13.4.1 5.2 Arbitration Basic Definitions 8.3.1, 15.3.2, 15.4 1.1 ARCHITECT Bidding Requirements 4 1.1.1 Architect,Definition of Binding Dispute Resolution 4.1.1 8.3.1,9.7, 11.5, 13.1, 15.1.2, 15.1.3, 15.2.1, 15.2.5, Architect,Extent of Authority 15.2.6.1, 15.3.1, 15.3.2, 15.3.3, 15.4.1 2.5,3.12.7,4.1.2,4.2,5.2,6.3,7.1.2,7.3.4,7.4,9.2, Bonds,Lien 9.3.1,9.4,9.5,9.6.3,9.8,9.10.1,9.10.3, 12.1, 12.2.1, 7.3.4.4,9.6.8,9.10.2,9.10.3 13.4.1, 13.4.2, 14.2.2, 14.2.4, 15.1.4, 15.2.1 Bonds,Performance,and Payment Architect,Limitations of Authority and Responsibility 7.3.4.4,9.6.7,9.10.3, 11.1.2, 11.1.3, 11.5 2.1.1,3.12.4,3.12.8,3.12.10,4.1.2,4.2.1,4.2.2,4.2.3, Building Information Models Use and Reliance 4.2.6,4.2.7,4.2.10,4.2.12,4.2.13,5.2.1,7.4,9.4.2, 1.8 9.5.4,9.6.4, 15.1.4, 15.2 Building Permit Architect's Additional Services and Expenses 3.7.1 2.5, 12.2.1, 13.4.2, 13.4.3, 14.2.4 Capitalization Architect's Administration of the Contract 1.3 3.1.3,3.7.4, 15.2,9.4.1,9.5 Certificate of Substantial Completion Architect's Approvals 9.8.3,9.8.4,9.8.5 2.5,3.1.3,3.5,3.10.2,4.2.7 Init. AIA Document A201®-2017.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,"'AIA,"the AIA Logo,"A201,"and"AIA Contract Documents"are 3 registered trademarks and may not be used without permission.This document was produced by AIA software at 18:54:39 ET on 02/11/2021 under Order / No.8620299805 which expires on 09/18/2021,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (114761 Page 286 Item#13. Certificates for Payment Concealed or Unknown Conditions 4.2.1,4.2.5,4.2.9,9.3.3,9.4,9.5,9.6.1,9.6.6,9.7, 3.7.4,4.2.8, 8.3.1, 10.3 9.10.1,9.10.3, 14.1.1.3, 14.2.4, 15.1.4 Conditions of the Contract Certificates of Inspection,Testing or Approval 1.1.1,6.1.1,6.1.4 13.4.4 Consent,Written Certificates of Insurance 3.4.2,3.14.2,4.1.2,9.8.5,9.9.1,9.10.2,9.10.3, 13.2, 9.10.2 15.4.4.2 Change Orders Consolidation or Joinder 1.1.1,3.4.2,3.7.4,3.8.2.3,3.11,3.12.8,4.2.8,5.2.3, 15.4.4 7.1.2,7.1.3,7.2,7.3.2,7.3.7,7.3.9,7.3.10, 8.3.1, CONSTRUCTION BY OWNER OR BY 9.3.1.1,9.10.3, 10.3.2, 1 1.2, 11.5, 12.1.2 SEPARATE CONTRACTORS Change Orders,Definition of 1.1.4,6 7.2.1 Construction Change Directive,Definition of CHANGES IN THE WORK 7.3.1 2.2.2,3.11,4.2.8,7,7.2.1,7.3.1,7.4, 8.3.1,9.3.1.1, Construction Change Directives 11.5 1.1.1,3.4.2,3.11,3.12.8,4.2.8,7.1.1,7.1.2,7.1.3,7.3, Claims,Definition of 9.3.1.1 15.1.1 Construction Schedules,Contractor's Claims,Notice of 3,10,3.11,3.12.1,3.12.2,6.1.3, 15.1.6.2 1.6.2, 15.1.3 Contingent Assignment of Subcontracts CLAIMS AND DISPUTES 5.4, 14.2.2.2 3.2.4,6.1.1,6.3,7.3.9,9.3.3,9.10.4, 10.3.3, 15, 15.4 Continuing Contract Performance Claims and Timely Assertion of Claims 15.1.4 15.4.1 Contract,Definition of Claims for Additional Cost 1.1.2 3.2.4,3.3.1,3.7.4,7.3.9,9.5.2, 10.2.5, 10.3.2, 15.1.5 CONTRACT,TERMINATION OR Claims for Additional Time SUSPENSION OF THE 3.2.4,3.3.1,3.7.4,6.1.1,8.3.2,9.5.2, 10.3.2,15.1.6 5.4.1.1,5.4.2, 11.5, 14 Concealed or Unknown Conditions,Claims for Contract Administration 3.7.4 3.1.3,4,9.4,9.5 Claims for Damages Contract Award and Execution,Conditions Relating 3.2.4,3.18, 8.3.3,9.5.1,9.6.7, 10.2.5, 10.3.3, 11.3, to 11.3.2, 14.2.4, 15.1.7 3.7.1,3.10,5.2,6.1 Claims Subject to Arbitration Contract Documents,Copies Furnished and Use of 15.4.1 1.5.2,2.3.6,5.3 Cleaning Up Contract Documents,Definition of 3.15,6.3 1.1.1 Commencement of the Work,Conditions Relating to Contract Sum 2.2.1,3.2.2,3.4.1,3.7.1,3.10.1,3.12.6,5.2.1,5.2.3, 2.2.2,2.2.4,3.7.4,3.7.5,3.8,3.10.2,5.2.3,7.3,7.4, 6.2.2, 8.1.2, 8.2.2,8.3.1, 11.1, 11.2, 15.1.5 9.1,9.2,9.4.2,9.5.1.4,9.6.7,9.7, 10.3.2, 11.5, 12.1.2, Commencement of the Work,Definition of 12.3, 14.2.4, 14.3.2, 15.1.4.2, 15.1.5,15.2.5 8.1.2 Contract Sum,Definition of Communications 9.1 3.9.1,4.2.4 Contract Time Completion,Conditions Relating to 1.1.4,2.2.1,2.2.2,3.7.4,3.7.5,3.10.2,5.2.3,6.1.5, 3.4.1,3.11,3.15,4.2.2,4.2.9, 8.2,9.4.2,9.8,9.9.1, 7.2.1.3,7.3.1,7.3.5,7.3.6,7,7,7.3.10,7.4, 8.1.1, 9.10, 12.2, 14.1.2, 15.1.2 8.2.1, 8.2.3,8.3.1,9.5.1,9.7, 10.3.2, 12.1.1, 12.1.2, COMPLETION,PAYMENTS AND 14.3.2, 15.1.4.2, 15.1.6.1, 15.2.5 9 Contract Time,Definition of Completion,Substantial 8.1.1 3.10.1,4.2.9,8.1.1,8.1.3, 8.2.3,9.4.2,9.8,9.9.1, CONTRACTOR 9.10.3, 12.2, 15.1.2 3 Compliance with Laws Contractor,Definition of 2.3.2,3.2.3,3.6,3.7,3.12.10,3.13,9.6.4, 10.2.2, 13.1, 3.1,6.1.2 13.3, 13.4.1, 13.4.2, 13.5, 14.1.1, 14.2.1.3, 15.2.8, Contractor's Construction and Submittal 15.4.2, 15.4.3 Schedules 3.10,3.12.1,3.12.2,4.2.3,6.1.3, 15.1.6.2 Init. AIA DocumentA201®-2017.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966.1970,1976,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,' AIA,"the AIA Logo,"A201,"and"AIA Contract Documents"are 4 registered trademarks and may not be used without permission.This document was produced by AIA software at 18:54:39 ET on 02/11/2021 under Order No.8620299805 which expires on 09/18/2021,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (114761 Page 287 Item#13. Contractor's Employees Damage to Construction of Owner or Separate 2.2.4,3.3.2,3.4.3,3.8.1,3.9,3.18.2,4.2.3,4.2.6, 10.2, Contractors 10.3, 11.3, 14.1, 14.2.1.1 3.14.2,6.2.4, 10.2.1.2, 10.2.5, 10.4, 12.2.4 Contractor's Liability Insurance Damage to the Work 11.1 3.14.2,9.9.1, 10.2.1.2, 10.2.5, 10.4, 12.2.4 Contractor's Relationship with Separate Contractors Damages,Claims for and Owner's Forces 3.2.4,3.18,6.1.1, 8.3.3,9.5.1,9.6.7, 10.3.3, 11.3.2, 3.12.5,3.14.2,4.2.4,6, 11.3, 12.2.4 11.3, 14.2.4, 15.1.7 Contractor's Relationship with Subcontractors Damages for Delay 1.2.2,2.2.4,3.3.2,3.18.1,3.18.2,4.2.4,5,9.6.2,9.6.7, 6.2.3, 8.3.3,9.5.1.6,9.7, 10.3.2, 14.3.2 9.10.2, 11.2, 11.3, 11.4 Date of Commencement of the Work,Definition of Contractor's Relationship with the Architect 8.1.2 1.1.2, 1.5,2.3.3,3.1.3,3.2.2,3.2.3,3.2.4,3.3.1,3.4.2, Date of Substantial Completion,Definition of 3.5.1,3.7.4,3.10,3.11,3.12,3,16,3.18,4.2,5.2,6.2.2, 8.1.3 7, 8.3.1,9.2,9.3,9.4,9.5,9.7,9.8,9.9, 10.2.6, 10.3, Day,Definition of 11.3, 12, 13.4, 15.1.3, 15.2.1 8.1.4 Contractor's Representations Decisions of the Architect 3.2.1,3.2.2,3.5,3.12.6,6.2.2,8.2.1,9.3.3,9.8.2 3.7.4,4.2.6,4.2.7,4.2.11,4.2.12,4.2.13,6.3,7.3.4, Contractor's Responsibility for Those Performing the 7.3.9,8.1.3,8.3.1,9.2,9.4,9.5.1,9.8.4,9.9.1, 13.4.2, Work 14.2.2, 14.2.4, 15.1, 15.2 3.3.2,3.18,5.3,6.1.3,6.2,9.5.1, 10.2.8 Decisions to Withhold Certification Contractor's Review of Contract Documents 9.4.1,9.5,9.7, 14.1.1.3 3.2 Defective or Nonconforming Work,Acceptance, Contractor's Right to Stop the Work Rejection and Correction of 2.2.2,9.7 2.5,3.5,4.2.6,6.2.3,9.5.1,9.5.3,9.6.6,9.8.2,9.9.3, Contractor's Right to Terminate the Contract 9.10.4, 12.2.1 14.1 Definitions Contractor's Submittals 1.1,2.1.1,3.1.1,3.5,3.12.1,3.12.2,3.12.3,4.1.1,5.1, 3.10,3.11,3.12,4.2.7,5.2.1,5.2.3,9.2,9.3,9.8.2, 6.1.2,7.2.1,7.3.1, 8.1,9.1,9.8.1, 15.1.1 9.8.3,9.9.1,9.10.2,9.10.3 Delays and Extensions of Time Contractor's Superintendent 3.2,3.7.4,5.2.3,7.2.1,7.3.1,7.4,8.3,9.5.1,9.7, 3.9, 10.2.6 10.3.2, 10.4, 14.3.2, 15.1.6, 15.2.5 Contractor's Supervision and Construction Digital Data Use and Transmission Procedures 1.7 1.2.2,3.3,3.4,3.12.10,4.2.2,4.2.7,6.1.3,6.2.4,7.1.3, Disputes 7.3.4,7.3.6,8.2, 10, 12, 14, 15.1.4 6.3,7.3.9, 15.1, 15.2 Coordination and Correlation Documents and Samples at the Site 1.2,3.2.1,3.3.1,3.10,3.12.6,6.1.3,6.2.1 3.11 Copies Furnished of Drawings and Specifications Drawings,Definition of 1.5,2.3.6,3.11 1.1.5 Copyrights Drawings and Specifications,Use and Ownership of 1.5,3.17 3.11 Correction of Work Effective Date of Insurance 2.5,3.7.3,9.4.2,9.8.2,9.8.3,9.9.1, 12.1.2, 12.2, 12.3, 8.2.2 15.1.3.1, 15.1.3.2, 15.2.1 Emergencies Correlation and Intent of the Contract Documents 10.4, 14.1.1.2, 15.1.5 1.2 Employees,Contractor's Cost,Definition of 3.3.2,3.4.3,3.8.1,3.9,3.18.2,4.2.3,4.2.6, 10.2, 7.3.4 10.3.3, 11.3, 14.1, 14.2.1.1 Costs Equipment,Labor,or Materials 2.5,3.2.4,3.7.3,3.8.2,3.15.2,5.4.2,6.1.1,6.2.3, 1.1.3, 1.1.6,3.4,3.5,3.8.2,3.8.3,3.12,3.13,3.15.1, 7.3.3.3,7.3.4,7.3.8,7.3.9,9.10.2, 10.3.2, 10.3.6, 11.2, 4.2.6,4.2.7,5.2.1,6.2.1,7.3.4,9.3.2,9.3.3,9.5.1.3, 12.1.2, 12.2.1, 12.2.4, 13.4, 14 9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2 Cutting and Patching Execution and Progress of the Work 3.14,6.2.5 1.1.3, 1.2.1, 1.2.2,2.3.4,2.3.6,3.1,3.3.1,3.4.1,3.7.1, 3.10.1,3.12,3.14,4.2,6.2.2,7.1.3, 7.3.6, 8.2,9.5.1, 9.9.1, 10.2, 10.3, 12.1, 12.2, 14.2, 14.3.1, 15.1.4 Init. AIA Document A201®-2017.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,"A201,"and"AIA Contract Documents"are 5 registered trademarks and may not be used without permission This document was produced by AIA software at 18:54:39 ET on 02/11/2021 under Order ! No'8620299805 which expires on 09/16/2021,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia org. User Notes: (114761 Page 288 Item#13. Extensions of Time Insurance,Stored Materials 3.2.4,3.7.4,5.2.3,7.2.1,7.3, 7.4,9.5.1,9.7, 10.3.2, 9.3.2 10.4, 14.3, 15.1.6, 15.2.5 INSURANCE AND BONDS Failure of Payment 11 9.5.1.3,9.7,9.10.2, 13.5, 14.1.1.3, 14.2.1.2 Insurance Companies,Consent to Partial Occupancy Faulty Work 9.9.1 (See Defective or Nonconforming Work) Insured loss,Adjustment and Settlement of Final Completion and Final Payment 11.5 4.2.1,4.2.9,9.8.2,9.10, 12.3, 14.2.4, 14.4.3 Intent of the Contract Documents Financial Arrangements,Owner's 1.2.1,4.2.7,4.2.12,4.2.13 2.2.1, 13.2.2, 14.1.1.4 Interest GENERAL PROVISIONS 13.5 1 Interpretation Governing Law 1.1.8, 1.2.3, 1.4,4.1.1,5.1,6.1.2, 15.1.1 13.1 Interpretations,Written Guarantees(See Warranty) 4.2.11,4.2.12 Hazardous Materials and Substances Judgment on Final Award 10.2.4, 10.3 15.4.2 Identification of Subcontractors and Suppliers Labor and Materials,Equipment 5.2.1 1.1.3, 1.1.6,3.4,3.5,3.8.2,3.8.3,3.12,3.13,3.15.1, Indemnification 5.2.1,6.2.1,7.3.4,9.3.2,9.3.3,9.5.1.3,9.10.2, 10.2.1, 3.17,3.18,9.6.8,9.10.2, 10.3.3, 11.3 10.2.4, 14.2.1.1, 14.2.1.2 Information and Services Required of the Owner Labor Disputes 2.1.2,2.2,2.3,3.2.2,3.12.10.1,6.1.3,6.1.4,6.2.5, 8.3.1 9.6.1,9.9.2,9.10.3, 10.3.3, 11.2, 13.4.1, 13.4.2, Laws and Regulations 14.1.1.4, 14.1.4, 15.1.4 1.5,2.3.2,3.2.3,3.2.4,3.6,3.7,3.12.10,3.13,9.6.4, Initial Decision 9.9.1, 10.2.2, 13.1, 13.3.1, 13.4.2, 13.5, 14, 15.2.8, 15.2 15.4 Initial Decision Maker,Definition of Liens 1.1.8 2.1.2,9.3.1,9.3.3,9.6.8,9.10.2,9.10.4, 15.2.8 Initial Decision Maker,Decisions Limitations,Statutes of 14.2.4, 15.1.4.2, 15.2.1, 15.2.2, 15.2.3, 15.2.4, 15.2.5 12.2.5, 15.1.2, 15.4.1.1 Initial Decision Maker,Extent of Authority Limitations of Liability 14.2.4, 15.1.4.2, 15.2.1, 15.2.2, 15.2.3, 15.2.4, 15.2.5 3.2.2,3.5,3.12.10,3.12.10.1,3.17,3.18.1,4.2.6, Injury or Damage to Person or Property 4.2.7,6.2.2,9.4.2,9.6.4,9.6.7,9.6.8, 10.2.5, 10.3.3, 10.2.8, 10.4 11.3, 12.2.5, 13.3.1 Inspections Limitations of Time 3.1.3,3.3.3,3.7.1,4.2.2,4.2.6,4.2.9,9.4.2,9.8.3, 2.1.2,2.2,2.5,3.2.2,3.10,3.11,3.12.5,3.15.1,4.2.7, 9.9.2,9.10.1, 12.2.1, 13.4 5.2,5.3, 5.4.1,6.2.4,7.3,7.4, 8.2,9.2,9.3.1,9.3.3, Instructions to Bidders 9.4.1,9.5,9.6,9.7,9.8,9.9,9.10, 12.2, 13.4, 14, 15, 1.1.1 15.1.2, 15.1.3, 15.1.5 Instructions to the Contractor Materials,Hazardous 3.2.4,3.3.1,3.8.1,5.2.1,7,8.2.2, 12, 13.4.2 10.2.4, 10.3 Instruments of Service,Definition of Materials,Labor,Equipment and 1.1.7 1.1.3, 1.1.6,3.4.1,3.5,3.8.2,3.8.3,3.12,3.13,3.15.1, Insurance 5.2.1,6.2.1,7.3.4,9.3.2,9.3.3,9.5.1.3,9.10.2, 6.1.1,7.3.4,8.2.2,9.3.2,9.8.4,9.9.1,9.10.2, 10.2.5,11 10.2.1.2, 10.2.4, 14.2.1.1, 14.2.1.2 Insurance,Notice of Cancellation or Expiration Means,Methods,Techniques, Sequences and 11.1.4, 11.2.3 Procedures of Construction Insurance,Contractor's Liability 3.3.1,3.12.10,4.2.2,4.2.7,9.4.2 11.1 Mechanic's Lien Insurance,Effective Date of 2.1.2,9.3.1,9.3.3,9.6.8,9.10.2,9.10.4, 15.2.8 8.2.2, 14.4.2 Mediation Insurance,Owner's Liability 8.3.1, 15.1.3.2, 15.2.1, 15.2.5, 15.2.6,15.3, 15.4.1, 11.2 15.4.1.1 Insurance,Property Minor Changes in the Work 10.2.5, 11.2, 11.4, 11.5 1.1.1,3.4.2,3.12.8,4.2.8,7.1,7.4 Init. AIA DocumentA201®-2017. Copyright©1911.1915,1918,1925,1937.1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The American Institute of Architects_All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,"A201,"and"AIA Contract Documents"are 6 registered trademarks and may not be used without permission.This document was produced by AIA software at 18:54:39 ET on 02/11/2021 under Order / No.8620299805 which expires on 09/18/2021.is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (114761 Page 289 Item#13. MISCELLANEOUS PROVISIONS Owner's Right to Clean Up 13 6.3 Modifications,Definition of Owner's Right to Perform Construction and to 1.1.1 Award Separate Contracts Modifications to the Contract 6.1 1.1.1, 1.1.2,2.5,3.11,4.1.2,4.2.1,5.2.3,7,8.3.1,9.7, Owner's Right to Stop the Work 10.3.2 2.4 Mutual Responsibility Owner's Right to Suspend the Work 6.2 14.3 Nonconforming Work,Acceptance of Owner's Right to Terminate the Contract 9.6.6,9.9.3, 12.3 14.2, 14.4 Nonconforming Work,Rejection and Correction of Ownership and Use of Drawings,Specifications 2.4,2.5,3.5,4.2.6,6.2.4,9.5.1,9.8.2,9.9.3,9.10.4, and Other Instruments of Service 12.2 1.1.1, 1.1.6, 1.1.7, 1.5,2.3.6,3.2.2,3.11,3.17,4.2,12, Notice 5.3 1.6, 1.6.1, 1.6.2,2.1.2,2.2.2.,2.2.3,2.2.4,2.5,3.2.4, Partial Occupancy or Use 3.3.1,3.7.4,3.7.5,3.9.2,3.12.9,3.12.10,5.2.1,7.4, 9.6.6,9.9 8.2.2 9.6.8,9.7,9.10.1, 10.2.8, 10.3.2, 11.5, 12.2.2.1, Patching,Cutting and 13.4.1, 13.4.2, 14.1, 14.2.2, 14.4.2, 15.1.3, 15.1.5, 3.14,6.2.5 15.1.6, 15.4.1 Patents Notice of Cancellation or Expiration of Insurance 3.17 11.1.4, 11.2.3 Payment,Applications for Notice of Claims 4.2.5,7.3.9,9.2,9.3,9.4,9.5,9.6.3,9.7,9.8.5,9.10.1, 1.6.2,2.1.2,3.7.4,9.6.8, 10.2.8,15.1.3, 15.1.5, 15.1.6, 14.2.3, 14.2.4, 14.4.3 15.2.8, 15.3.2, 15.4.1 Payment,Certificates for Notice of Testing and Inspections 4.2.5,4.2.9,9.3.3,9.4,9.5,9.6.1,9.6.6,9.7,9.10.1, 13.4.1, 13.4.2 9.10.3, 14.1.1.3, 14.2.4 Observations,Contractor's Payment,Failure of 3.2,3.7.4 9.5.1.3,9.7,9.10.2, 13.5, 14.1.1.3, 14.2.1.2 Occupancy Payment,Final 2.3.1,9.6.6,9.8 4.2.1,4.2.9,9.10, 12.3, 14.2.4, 14.4.3 Orders,Written Payment Bond,Performance Bond and 1.1.1,2.4,3.9.2,7,8.2.2, 11.5, 12.1, 12.2.2.1, 13.4.2, 7.3.4.4,9.6.7,9.10.3, 11.1.2 14.3.1 Payments,Progress OWNER 9.3,9.6,9.8.5,9.10.3, 14.2.3, 15.1.4 2 PAYMENTS AND COMPLETION Owner,Definition of 9 2.1.1 Payments to Subcontractors Owner,Evidence of Financial Arrangements 5.4.2,9.5.1.3,9.6.2,9.6.3,9.6.4,9.6.7, 14.2.1.2 2.2, 13.2.2, 14.1.1.4 PCB Owner,Information and Services Required of the 10.3.1 2.1.2,2.2,2.3,3.2.2,3.12.10,6.1.3,6.1.4,6.2.5,9.3.2, Performance Bond and Payment Bond 9.6.1,9.6.4,9.9.2,9.10.3, 10.3.3, 11.2, 13.4.1, 13.4.2, 7.3.4.4,9.6.7,9.10.3, 11.1.2 14.1.1.4, 14.1.4, 15.1.4 Permits,Fees,Notices and Compliance with Laws Owner's Authority 2.3.1,3.7,3.13,7.3.4.4, 10.2.2 1.5,2.1.1,2.3.32.4,2.5,3.4.2,3.8.1,3.12.10,3.14.2, PERSONS AND PROPERTY,PROTECTION OF 4.1.2,4.2.4,4.2.9,5.2.1,5.2.4,5.4.1,6.1,6.3,7.2.1, 10 7.3.1,8.2.2, 8.3.1,9.3.2,9.5.1,9.6.4,9.9.1,9.10.2, Polychlorinated Biphenyl 10.3.2, 11.4, 11.5, 12.2.2, 12.3, 13.2.2, 14.3, 14.4, 10.3.1 15.2.7 Product Data,Definition of Owner's Insurance 3.12.2 11.2 Product Data and Samples,Shop Drawings Owner's Relationship with Subcontractors 3.11,3.12,4.2.7 1.1.2,5.2,5.3,5.4,9.6.4,9.10.2, 14.2.2 Progress and Completion Owner's Right to Carry Out the Work 4.2.2,8.2,9.8,9.9.1, 14.1.4, 15.1.4 2.5, 14.2.2 Progress Payments 9.3,9.6,9.8.5,9.10.3, 14.2.3, 15.1.4 Init. AIA DocumentA20111-2017.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The American Institute of Architects All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,"A201,"and"AIA Contract Documents"are 7 registered trademarks and may not be used without permission.This document was produced by AIA software at 18:54:39 ET on 02/11/2021 under Order I No 8620299805 which expires on 09/18/2021,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service To report copyright violations,e-mail copyright@aia,org. User Notes: (114761 Page 290 Item#13. Project,Definition of Separate Contracts and Contractors 1.1.4 1.1.4,3.12.5,3.14.2,4.2.4,4.2.7,6, 8.3.1, 12.1.2 Project Representatives Separate Contractors,Definition of 4.2.10 6.1.1 Property Insurance Shop Drawings,Definition of 10.2.5, 11.2 3.12.1 Proposal Requirements Shop Drawings,Product Data and Samples 1.1.1 3.11,3.12,4.2.7 PROTECTION OF PERSONS AND PROPERTY Site,Use of 10 3.13,6.1.1,6.2.1 Regulations and Laws Site Inspections 1.5,2.3.2,3.2.3,3.6,3.7,3.12.10,3.13,9.6.4,9.9.1, 3.2.2,3.3.3,3.7.1,3.7.4,4.2,9.9.2,9.4.2,9.10.1, 13.4 10.2.2, 13.1, 13.3,13.4.1, 13.4.2, 13.5,14, 15.2.8, 15.4 Site Visits,Architect's Rejection of Work 3.7.4,4.2.2,4.2.9,9.4.2,9.5.1,9.9.2,9.10.1, 13.4 4.2.6, 12.2.1 Special Inspections and Testing Releases and Waivers of Liens 4.2.6, 12.2.1, 13.4 9.3.1,9.10.2 Specifications,Definition of Representations 1.1.6 3.2.1,3.5,3.12.6, 8.2.1,9.3.3,9.4.2,9.5.1,9.10.1 Specifications Representatives 1.1.1, 1.1.6, 1.2.2, 1.5,3.12,10,3.17,4.2.14 2.1.1,3.1.1,3.9,4.1.1,4.2.10, 13.2.1 Statute of Limitations Responsibility for Those Performing the Work 15.1.2, 15.4.1.1 3.3.2,3.18,4.2.2,4.2.3,5.3,6.1.3,6.2,6.3,9.5.1, 10 Stopping the Work Retainage 2.2.2,2.4,9.7, 10.3, 14.1 9.3.1,9.6.2,9.8.5,9.9.1,9.10.2,9.10.3 Stored Materials Review of Contract Documents and Field 6.2.1,9.3.2, 10.2.1.2, 10.2.4 Conditions by Contractor Subcontractor,Definition of 3.2,3.12.7,6.1.3 5.1.1 Review of Contractor's Submittals by Owner and SUBCONTRACTORS Architect 5 3.10.1,3.10.2,3.11,3.12,4.2,5.2,6.1.3,9.2,9.8.2 Subcontractors,Work by Review of Shop Drawings,Product Data and Samples 1.2.2,3.3.2,3.12.1,3.18,4.2.3,5.2.3,5.3,5.4,9.3.1.2, by Contractor 9.6.7 3.12 Subcontractual Relations Rights and Remedies 5.3,5.4,9.3.1.2,9.6,9.10, 10.2.1, 14.1, 14.2.1 1.1.2,2.4,2.5,3.5,3.7.4,3.15.2,4.2.6,5.3, 5.4,6.1, Submittals 6.3,7.3.1, 8.3,9.5.1,9.7, 10.2.5, 10.3, 12.2.1, 12.2.2, 3.10,3.11,3.12,4.2.7,5.2.1,5.2.3,7.3.4,9.2,9.3,9.8, 12.2.4, 13.3, 14, 15.4 9.9.1,9.10.2,9.10.3 Royalties,Patents and Copyrights Submittal Schedule 3.17 3.10.2,3.12.5,4.2.7 Rules and Notices for Arbitration Subrogation,Waivers of 15.4.1 6.1.1, 11.3 Safety of Persons and Property Substances,Hazardous 10.2, 10.4 10.3 Safety Precautions and Programs Substantial Completion 3.3.1,4.2.2,4.2.7,5.3, 10.1, 10.2, 10.4 4.2.9,8.1.1,8.1.3,8.2.3,9.4.2,9.8,9.9.1,9.10.3, 12.2, Samples,Definition of 15.1.2 3.12.3 Substantial Completion,Definition of Samples,Shop Drawings,Product Data and 9.8.1 3.11,3.12,4.2.7 Substitution of Subcontractors Samples at the Site,Documents and 5.2.3,5.2.4 3.11 Substitution of Architect Schedule of Values 2.3.3 9.2,9.3.1 Substitutions of Materials Schedules,Construction 3.4.2,3.5,7.3.8 3.10,3.12.1,3.12.2,6.1.3, 15.1.6.2 Sub-subcontractor,Definition of 5.1.2 Init. AIA DocumentA201®-2017.Copyright©1911,1915.1918,1925,1937,1951,1958,1961,1963.1966,1970,1976,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved The"American Institute of Architects,""AIA,"the AIA Logo,"A201,"and"AIA Contract Documents"are $ registered trademarks and may not be used without permission.This document was produced by AIA software at 18:54:39 ET on 02/11/2021 under Order l No.8620299805 which expires on 09/18/2021,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (114761 Page 291 Item#13. Subsurface Conditions Time Limits 3.7.4 2.1.2,2.2,2.5,3.2.2,3.10,3,11,3.12.5,3.15.1,4.2, Successors and Assigns 5.2,5.3,5.4,6.2.4,7.3,7.4,8.2,9.2,9.3.1,9.3.3,9.4.1, 13.2 9.5,9.6,9.7,9.8,9.9,9.10, 12.2, 13.4, 14, 15.1.2, Superintendent 15.1.3, 15.4 3.9, 10.2.6 Time Limits on Claims Supervision and Construction Procedures 3.7.4, 10.2.8, 15.1.2, 15.1.3 1.2.2,3.3,3.4,3.12.10,4.2.2,4.2.7,6.1.3,6.2.4,7.1.3, Title to Work 7.3.4,8.2,8.3.1,9.4.2, 10, 12, 14, 15.1.4 9.3.2,9.3.3 Suppliers UNCOVERING AND CORRECTION OF WORK 1.5,3.12.1,4.2.4,4.2.6,5.2.1,9.3,9.4.2,9.5.4,9.6, 12 9.10.5, 14.2.1 Uncovering of Work Surety 12.1 5.4.1.2,9.6.8,9.8.5,9.10.2,9.10.3, 11.1.2, 14.2.2, Unforeseen Conditions,Concealed or Unknown 15.2.7 3.7.4,8.3.1, 10.3 Surety,Consent of Unit Prices 9.8.5,9.10.2,9.10.3 7.3.3.2,9.1.2 Surveys Use of Documents 1.1.7,2.3.4 1.1.1, 1.5,2.3.6,3.12.6,5.3 Suspension by the Owner for Convenience Use of Site 14.3 3.13,6.1.1,6.2.1 Suspension of the Work Values,Schedule of 3.7.5,5.4.2, 14.3 9.2,9.3.1 Suspension or Termination of the Contract Waiver of Claims by the Architect 5.4.1.1, 14 13.3.2 Taxes Waiver of Claims by the Contractor 3.6,3.8.2.1,7.3.4.4 9.10.5, 13.3.2, 15.1.7 Termination by the Contractor Waiver of Claims by the Owner 14.1, 15.1.7 9.9.3,9.10.3,9.10.4, 12.2.2.1, 13.3.2, 14.2.4, 15.1.7 Termination by the Owner for Cause Waiver of Consequential Damages 5.4.1.1, 14.2, 15.1.7 14.2.4, 15.1.7 Termination by the Owner for Convenience Waiver of Liens 14.4 9.3,9.10.2,9.10.4 Termination of the Architect Waivers of Subrogation 2.3.3 6.1.1, 11.3 Termination of the Contractor Employment Warranty 14.2.2 3.5,4.2.9,9.3.3,9.8.4,9.9.1,9.10.2,9.10.4, 12.2.2, 15.1.2 TERMINATION OR SUSPENSION OF THE Weather Delays CONTRACT 8.3, 15.1.6.2 14 Work,Definition of Tests and Inspections 1.1.3 3.1.3,3.3.3,3.7.1,4.2.2,4.2.6,4.2.9,9.4.2,9.8.3, Written Consent 9.9.2,9.10.1, 10.3.2, 12.2.1, 13.4 1.5.2,3.4.2,3.7.4,3.12.8,3.14.2,4.1.2,9.3.2,9.10.3, TIME 13.2, 13.3.2, 15.4.4.2 8 Written Interpretations Time,Delays and Extensions of 4.2.11,4.2.12 3.2.4,3.7.4,5.2.3,7.2.1,7.3.1,7.4,8.3,9.5.1,9.7, Written Orders 10.3.2, 10.4, 14.3.2, 15.1.6, 15.2.5 1.1.1,2.4,3.9,7, 8.2.2, 12.1, 12.2, 13.4.2, 14.3.1 Init. AIA Document A2010-2017.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved The"American Institute of Architects,""AIA,"the AIA Logo,"A201,"and"AIA Contract Documents"are 9 registered trademarks and may not be used without permission.This document was produced by AIA software at 18:54:39 ET on 02/11/2021 under Order 1 No.8620299805 which expires on 09/18/2021,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (1147618 Page 292 Item#13. ARTICLE 1 GENERAL PROVISIONS § 1.1 Basic Definitions § 1.1.1 The Contract Documents The Contract Documents are enumerated in the Agreement between the Owner and Contractor(hereinafter the Agreement)and consist of the Agreement,Conditions of the Contract(General,Supplementary and other Conditions), Drawings,Specifications,Addenda issued prior to execution of the Contract,other documents listed in the Agreement, and Modifications issued after execution of the Contract.A Modification is(1)a written amendment to the Contract signed by both parties,(2)a Change Order,(3)a Construction Change Directive,or(4)a written order for a minor change in the Work issued by the Architect.Unless specifically enumerated in the Agreement,the Contract Documents do not include the advertisement or invitation to bid,Instructions to Bidders,sample forms,other information furnished by the Owner in anticipation of receiving bids or proposals,the Contractor's bid or proposal,or portions of Addenda relating to bidding or proposal requirements. § 1.1.2 The Contract The Contract Documents form the Contract for Construction.The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations,representations,or agreements,either written or oral.The Contract may be amended or modified only by a Modification.The Contract Documents shall not be construed to create a contractual relationship of any kind(1)between the Contractor and the Architect or the Architect's consultants,(2)between the Owner and a Subcontractor or a Sub-subcontractor,(3)between the Owner and the Architect or the Architect's consultants,or(4)between any persons or entities other than the Owner and the Contractor.The Architect shall,however,be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Architect's duties. § 1.1.3 The Work The term "Work"means the construction and services required by the Contract Documents,whether completed or partially completed,and includes all other labor,materials,equipment,and services provided or to be provided by the Contractor to fulfill the Contractor's obligations.The Work may constitute the whole or a part of the Project. § 1.1.4 The Project The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by the Owner and by Separate Contractors. § 1.1.5 The Drawings The Drawings are the graphic and pictorial portions of the Contract Documents showing the design,location and dimensions of the Work,generally including plans,elevations,sections,details,schedules,and diagrams. § 1.1.6 The Specifications The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment,systems,standards and workmanship for the Work,and performance of related services. § 1.1.7 Instruments of Service Instruments of Service are representations,in any medium of expression now known or later developed,of the tangible and intangible creative work performed by the Architect and the Architect's consultants under their respective professional services agreements.Instruments of Service may include,without limitation,studies,surveys,models, sketches,drawings,specifications,and other similar materials. § 1.1.8 Initial Decision Maker The Initial Decision Maker is the person identified in the Agreement to render initial decisions on Claims in accordance with Section 15.2.The Initial Decision Maker shall not show partiality to the Owner or Contractor and shall not be liable for results of interpretations or decisions rendered in good faith. § 1.2 Correlation and Intent of the Contract Documents § 1.2.1 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor.The Contract Documents are complementary,and what is required by one shall be as binding as if required by all;performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. Init. AIA Document A201®-2017,Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963.1966,1970,1976,1987,1997,2007 and 2017 by The American Institute of Architects All rights reserved,The"American Institute of Architects,""AIA,"the AIA Logo,"A201,"and"AIA Contract Documents"are 10 registered trademarks and may not be used without permission.This document was produced by AIA software at 18:54:39 ET on 02/11/2021 under Order ! No 8620299805 which expires on 09/18/2021,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (114761 Page 293 Item#13. § 1.2.1.1 The invalidity of any provision of the Contract Documents shall not invalidate the Contract or its remaining provisions.If it is determined that any provision of the Contract Documents violates any law,or is otherwise invalid or unenforceable,then that provision shall be revised to the extent necessary to make that provision legal and enforceable.In such case the Contract Documents shall be construed,to the fullest extent permitted by law,to give effect to the parties' intentions and purposes in executing the Contract. § 1.2.2 Organization of the Specifications into divisions,sections and articles,and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. § 1.2.3 Unless otherwise stated in the Contract Documents,words that have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. § 1.3 Capitalization Terms capitalized in these General Conditions include those that are(1)specifically defined,(2)the titles of numbered articles,or(3)the titles of other documents published by the American Institute of Architects. § 1.4 Interpretation In the interest of brevity the Contract Documents frequently omit modifying words such as"all"and"any"and articles such as"the" and "an,"but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. § 1.5 Ownership and Use of Drawings,Specifications,and Other Instruments of Service § 1.5.1 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service,including the Drawings and Specifications,and retain all common law,statutory,and other reserved rights in their Instruments of Service,including copyrights.The Contractor,Subcontractors, Sub-subcontractors,and suppliers shall not own or claim a copyright in the Instruments of Service. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with the Project is not to be construed as publication in derogation of the Architect's or Architect's consultants'reserved rights. § 1.5.2 The Contractor,Subcontractors,Sub-subcontractors,and suppliers are authorized to use and reproduce the Instruments of Service provided to them,subject to any protocols established pursuant to Sections 1.7 and 1.8,solely and exclusively for execution of the Work.All copies made under this authorization shall bear the copyright notice,if any,shown on the Instruments of Service.The Contractor,Subcontractors,Sub-subcontractors,and suppliers may not use the Instruments of Service on other projects or for additions to the Project outside the scope of the Work without the specific written consent of the Owner,Architect,and the Architect's consultants. § 1.6 Notice § 1.6.1 Except as otherwise provided in Section 1.6.2,where the Contract Documents require one party to notify or give notice to the other party,such notice shall be provided in writing to the designated representative of the party to whom the notice is addressed and shall be deemed to have been duly served if delivered in person,by mail,by courier, or by electronic transmission if a method for electronic transmission is set forth in the Agreement. § 1.6.2 Notice of Claims as provided in Section 15.1.3 shall be provided in writing and shall be deemed to have been duly served only if delivered to the designated representative of the party to whom the notice is addressed by certified or registered mail,or by courier providing proof of delivery. § 1.7 Digital Data Use and Transmission The parties shall agree upon protocols governing the transmission and use of Instruments of Service or any other information or documentation in digital form.The parties will use AIA Document E203Tm-2013,Building Information Modeling and Digital Data Exhibit,to establish the protocols for the development,use,transmission,and exchange of digital data. § 1.8 Building Information Models Use and Reliance Any use of,or reliance on,all or a portion of a building information model without agreement to protocols governing the use of,and reliance on,the information contained in the model and without having those protocols set forth in AIA Document E203Tm-2013,Building Information Modeling and Digital Data Exhibit,and the requisite AIA Document Init. AIA Document A201®-2017.Copyright©1911,1915,1918,1925.1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,"A201,"and"AIA Contract Documents"are 11 registered trademarks and may not be used without permission.This document was produced by AIA software at 18:54:39 ET on 02/11/2021 under Order I No.8620299805 which expires on 09/18/2021,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (114761 Page 294 Item#13. G202Tm-2013,Project Building Information Modeling Protocol Form,shall be at the using or relying party's sole risk and without liability to the other party and its contractors or consultants,the authors of,or contributors to,the building information model,and each of their agents and employees. ARTICLE 2 OWNER § 2.1 General § 2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number.The Owner shall designate in writing a representative who shall have express authority to bind the Owner with respect to all matters requiring the Owner's approval or authorization.Except as otherwise provided in Section 4.2.1,the Architect does not have such authority.The term "Owner"means the Owner or the Owner's authorized representative. (Paragraph deleted) § 2.2 Evidence of the Owner's Financial Arrangements § 2.2.1 Prior to commencement of the Work and upon written request by the Contractor,the Owner shall furnish to the Contractor reasonable evidence that the Owner has made financial arrangements to fulfill the Owner's obligations under the Contract.The Contractor shall have no obligation to commence the Work until the Owner provides such evidence. If commencement of the Work is delayed under this Section 2.2.1,the Contract Time shall be extended appropriately. § 2.2.2 Following commencement of the Work and upon written request by the Contractor,the Owner shall furnish to the Contractor reasonable evidence that the Owner has made financial arrangements to fulfill the Owner's obligations under the Contract only if(1)the Owner fails to make payments to the Contractor as the Contract Documents require; (2)the Contractor identifies in writing a reasonable concern regarding the Owner's ability to make payment when due; or(3)a change in the Work materially changes the Contract Sum.If the Owner fails to provide such evidence,as required,within fourteen days of the Contractor's request,the Contractor may immediately stop the Work and,in that event,shall notify the Owner that the Work has stopped.However,if the request is made because a change in the Work materially changes the Contract Sum under(3)above,the Contractor may immediately stop only that portion of the Work affected by the change until reasonable evidence is provided.If the Work is stopped under this Section 2.2.2,the Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shutdown,delay and start-up,plus interest as provided in the Contract Documents. § 2.2.3 After the Owner furnishes evidence of financial arrangements under this Section 2.2,the Owner shall not materially vary such financial arrangements without prior notice to the Contractor. § 2.2.4 Where the Owner has designated information furnished under this Section 2.2 as"confidential,"the Contractor shall keep the information confidential and shall not disclose it to any other person.However,the Contractor may disclose"confidential" information,after seven(7)days' notice to the Owner,where disclosure is required by law, including a subpoena or other form of compulsory legal process issued by a court or governmental entity,or by court or arbitrator(s)order.The Contractor may also disclose"confidential" information to its employees,consultants, sureties, Subcontractors and their employees, Sub-subcontractors,and others who need to know the content of such information solely and exclusively for the Project and who agree to maintain the confidentiality of such information. § 2.3 Information and Services Required of the Owner § 2.3.1 Except for permits and fees that are the responsibility of the Contractor under the Contract Documents, including those required under Section 3.7.1,the Owner shall secure and pay for necessary approvals,easements, assessments and charges required for construction,use or occupancy of permanent structures or for permanent changes in existing facilities. § 2.3.2 The Owner shall retain an architect lawfully licensed to practice architecture,or an entity lawfully practicing architecture,in the jurisdiction where the Project is located.That person or entity is identified as the Architect in the Agreement and is referred to throughout the Contract Documents as if singular in number. § 2.3.3 If the employment of the Architect terminates,the Owner shall employ a successor to whom the Contractor has no reasonable objection and whose status under the Contract Documents shall be that of the Architect. Init. AIA Document A201®-2017 Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987.1997,2007 and 2017 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,"A201,"and"AIA Contract Documents"are 12 registered trademarks and may not be used without permission.This document was produced by AIA software at 18:54:39 ET on 02/11/2021 under Order I No.8620299805 which expires on 09/18/2021.is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (1147618 Page 295 Item#13. § 2.3.4 The Owner shall furnish surveys describing physical characteristics,legal limitations and utility locations for the site of the Project,and a legal description of the site.The Contractor shall be entitled to rely on the accuracy of information furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. § 2.3.5 The Owner shall furnish information or services required of the Owner by the Contract Documents with reasonable promptness.The Owner shall also furnish any other information or services under the Owner's control and relevant to the Contractor's performance of the Work with reasonable promptness after receiving the Contractor's written request for such information or services. § 2.3.6 Unless otherwise provided in the Contract Documents,the Owner shall furnish to the Contractor one copy of the Contract Documents for purposes of making reproductions pursuant to Section 1.5.2. § 2.4 Owner's Right to Stop the Work If the Contractor fails to correct Work that is not in accordance with the requirements of the Contract Documents as required by Section 12.2 or repeatedly fails to carry out Work in accordance with the Contract Documents,the Owner may issue a written order to the Contractor to stop the Work,or any portion thereof,until the cause for such order has been eliminated;however,the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity,except to the extent required by Section 6.1.3. § 2.5 Owner's Right to Carry Out the Work If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a ten-day period after receipt of notice from the Owner or such shorter time as may be reasonable under the circumstances to commence and continue correction of such default or neglect with diligence and promptness,the Owner may,without prejudice to other remedies the Owner may have,correct such default or neglect.Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Architect and the Architect may,pursuant to Section 9.5.1,withhold or nullify a Certificate for Payment in whole or in part,to the extent reasonably necessary to reimburse the Owner for the reasonable cost of correcting such deficiencies,including Owner's expenses and compensation for the Architect's additional services made necessary by such default,neglect, or failure.If current and future payments are not sufficient to cover such amounts,the Contractor shall pay the difference to the Owner.If the Contractor disagrees with the actions of the Owner or the Architect,or the amounts claimed as costs to the Owner,the Contractor may file a Claim pursuant to Article 15. ARTICLE 3 CONTRACTOR § 3.1 General § 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number.The Contractor shall be lawfully licensed,if required in the jurisdiction where the Project is located.The Contractor shall designate in writing a representative who shall have express authority to bind the Contractor with respect to all matters under this Contract.The term "Contractor" means the Contractor or the Contractor's authorized representative. § 3.1.2 The Contractor shall perform the Work in accordance with the Contract Documents. § 3.1.3 The Contractor shall not be relieved of its obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Architect in the Architect's administration of the Contract,or by tests, inspections or approvals required or performed by persons or entities other than the Contractor. § 3.2 Review of Contract Documents and Field Conditions by Contractor § 3.2.1 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, is familiar with local conditions under which the Work is to be performed,and has correlated personal observations with requirements of the Contract Documents. § 3.2.2 Because the Contract Documents are complementary,the Contractor shall,before starting each portion of the Work,carefully study and compare the various Contract Documents relative to that portion of the Work,as well as the information furnished by the Owner pursuant to Section 2.3.4,shall take field measurements of any existing conditions related to that portion of the Work,and shall observe any conditions at the site affecting it.These Init. AIA Document A20111-2017.Copyright©1911,1915.1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved,The"American Institute of Architects,""AIA,"the AIA Logo,"A201,"and"AIA Contract Documents"are 13 registered trademarks and may not be used without permission.This document was produced by AIA software at 18:54:39 ET on 02/11/2021 under Order I No.8620299805 which expires on 09/18/2021,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (114761 Page 296 Item#13. obligations are for the purpose of facilitating coordination and construction by the Contractor and are not for the purpose of discovering errors,omissions,or inconsistencies in the Contract Documents;however,the Contractor shall promptly report to the Architect any errors,inconsistencies or omissions discovered by or made known to the Contractor as a written request for information in such form as the Architect may require. Contractor shall also promptly submit to Architect a written request for information if Contractor cannot determine or is unsure of design intent or design concept as expressed in the Contract Documents.It is recognized that the Contractor's review is made in the Contractor's capacity as a contractor and not as a licensed design professional,unless otherwise specifically provided in the Contract Documents. § 3.2.3 The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes,ordinances,codes,rules and regulations,or lawful orders of public authorities,but the Contractor shall promptly report in writing to the Architect and Owner any nonconformity discovered by or made known to the Contractor as a request for information in such form as the Architect may require. § 3.2.4 If the Contractor believes that additional cost or time is involved because of clarifications or instructions the Architect issues(ASI's)in response to the Contractor's notices or requests for information pursuant to Sections 3.2.2 or 3.2.3,the Contractor shall submit Claims as provided in Article 15.Ifthe Contractor fails to perform the obligations of Sections 3.2.2 or 3.2.3,the Contractor shall pay such costs and damages to the Owner,subject to Section 15.1.7,as would have been avoided if the Contractor had performed such obligations.If the Contractor performs those obligations,the Contractor shall not be liable to the Owner or Architect for damages resulting from errors, inconsistencies or omissions in the Contract Documents,for differences between field measurements or conditions and the Contract Documents,or for nonconformities of the Contract Documents to applicable laws,statutes, ordinances,codes,rules and regulations,and lawful orders of public authorities(discrepancies)if Contractor has notified Architect of said discrepancies. § 3.3 Supervision and Construction Procedures § 3.3.1 The Contractor shall supervise and direct the Work,using the Contractor's best skill and attention.The Contractor shall be solely responsible for,and have control over,construction means,methods,techniques,sequences, and procedures,and for coordinating all portions of the Work under the Contract.If the Contract Documents give specific instructions concerning construction means,methods,techniques,sequences,or procedures,the Contractor shall evaluate the jobsite safety thereof and shall be solely responsible for the jobsite safety of such means,methods, techniques, sequences,or procedures.If the Contractor determines that such means,methods,techniques,sequences or procedures may not be safe,the Contractor shall give timely notice to the Owner and Architect,and shall propose alternative means,methods,techniques,sequences,or procedures.The Architect shall evaluate the proposed alternative solely for conformance with the design intent for the completed construction.Unless the Architect objects to the Contractor's proposed alternative,the Contractor shall perform the Work using its alternative means,methods, techniques,sequences,or procedures. § 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees,and other persons or entities performing portions of the Work for,or on behalf of,the Contractor or any of its Subcontractors. § 3.3.3 The Contractor shall be responsible for inspection of portions of Work already performed to determine that such portions are in proper condition to receive subsequent Work. § 3.4 Labor and Materials § 3.4.1 Unless otherwise provided in the Contract Documents,the Contractor shall provide and pay for labor, materials,equipment,tools,construction equipment and machinery,water,heat,utilities,transportation,and other facilities and services necessary for proper execution and completion of the Work,whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. § 3.4.2 Except in the case of minor changes in the Work approved by the Architect in accordance with Section 3.12.8 or ordered by the Architect in accordance with Section 7.4,the Contractor may make substitutions only with the consent of the Owner,after evaluation by the Architect and in accordance with a Change Order or Construction Change Directive. Init AIA Document A201®-2017.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976.1987,1997,2007 and 2017 by The American Institute of Architects_All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,"A201,"and"AIA Contract Documents"are 14 registered trademarks and may not be used without permission.This document was produced by AIA software at 18:54:39 ET on 02/11/2021 under Order I No.8620299805 which expires on 09/18/2021.is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (1147618 Page 297 Item#13. § 3.4.3 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Work.The Contractor shall not permit employment of unfit persons or persons not properly skilled in tasks assigned to them. § 3.5 Warranty § 3.5.1 The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless the Contract Documents require or permit otherwise.The Contractor further warrants that the Work will conform to the requirements of the Contract Documents and will be free from defects, except for those inherent in the quality of the Work the Contract Documents require or permit. Work,materials,or equipment not conforming to these requirements may be considered defective.The Contractor's warranty excludes remedy for damage or defect caused by abuse,alterations to the Work not executed by the Contractor,improper or insufficient maintenance,improper operation,or normal wear and tear and normal usage.If required by the Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. § 3.5.2 All material,equipment,or other special warranties required by the Contract Documents shall be issued in the name of the Owner,or shall be transferable to the Owner,and shall commence in accordance with Section 9.8.4. § 3.6 Taxes The Contractor shall pay sales,consumer,use and similar taxes for the Work provided by the Contractor that are legally enacted when bids are received or negotiations concluded,whether or not yet effective or merely scheduled to go into effect. § 3.7 Permits,Fees,Notices and Compliance with Laws § 3.7.1 Unless otherwise provided in the Contract Documents,the Contractor shall secure and pay for the building permit as well as for other permits,fees,licenses,and inspections by government agencies necessary for proper execution and completion of the Work that are customarily secured after execution of the Contract and legally required at the time bids are received or negotiations concluded. § 3.7.2 The Contractor shall comply with and give notices required by applicable laws,statutes,ordinances,codes, rules and regulations,and lawful orders of public authorities applicable to performance of the Work. § 3.7.3 If the Contractor performs Work knowing it to be contrary to applicable laws,statutes,ordinances,codes,rules and regulations,or lawful orders of public authorities,the Contractor shall assume appropriate responsibility for such Work and shall bear the costs attributable to correction. § 3.7.4 Concealed or Unknown Conditions If the Contractor encounters conditions at the site that are(1)subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Contract Documents or(2)unknown physical conditions of an unusual nature that differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents,the Contractor shall promptly provide written notice to the Owner and the Architect before conditions are disturbed and in no event later than 14 days after first observance of the conditions.The Architect will promptly investigate such conditions and,if the Architect determines that they differ materially and cause an increase or decrease in the Contractor's cost of,or time required for,performance of any part of the Work,will recommend that an equitable adjustment be made in the Contract Sum or Contract Time,or both.If the Architect determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified,the Architect shall promptly notify the Owner and Contractor,stating the reasons.If either party disputes the Architect's determination or recommendation,that party may submit a Claim as provided in Article 15. § 3.7.5 If,in the course of the Work,the Contractor encounters human remains or recognizes the existence of burial markers,archaeological sites or wetlands not indicated in the Contract Documents,the Contractor shall immediately suspend any operations that would affect them and shall notify the Owner and Architect.Upon receipt of such notice, the Owner shall promptly take any action necessary to obtain governmental authorization required to resume the operations.The Contractor shall continue to suspend such operations until otherwise instructed by the Owner but shall continue with all other operations that do not affect those remains or features.Requests for adjustments in the Contract Sum and Contract Time arising from the existence of such remains or features may be made as provided in Article 15. Init. AIA Document A201®-2017.Copyright©1911,1915.1918,1925,1937.1951,1958,1961,1963,1966,1970,1976,1987.1997,2007 and 2017 by The American Institute of Architects,All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,"A201,"and"AIA Contract Documents"are 15 registered trademarks and may not be used without permission This document was produced by AIA software at 18:54:39 ET on 02/11/2021 under Order I No.8620299805 which expires on 09/18/2021.is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (1147618 Page 298 Item#13. § 3.8 Allowances § 3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents.Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct,but the Contractor shall not be required to employ persons or entities to whom the Contractor has reasonable objection. § 3.8.2 Unless otherwise provided in the Contract Documents, .1 allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes,less applicable trade discounts; .2 Contractor's costs for unloading and handling at the site,labor,installation costs,overhead,profit,and other expenses contemplated for stated allowance amounts shall be included in the Contract Sum but not in the allowances;and .3 whenever costs are more than or less than allowances,the Contract Sum shall be adjusted accordingly by Change Order.The amount of the Change Order shall reflect(1)the difference between actual costs and the allowances under Section 3.8.2.1 and(2)changes in Contractor's costs under Section 3.8.2.2. § 3.8.3 Materials and equipment under an allowance shall be selected by the Owner with reasonable promptness. § 3.9 Superintendent § 3.9.1 The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site during performance of the Work.The superintendent shall represent the Contractor,and written communications given to the superintendent shall be as binding as if given to the Contractor. The Project Manager shall be proposed by Construction Manager and approved by Owner in the same manner as set forth in section 3.9 of the A201-2017;however nothing herein shall require the Project Manager to be stationed at or in attendance at the Project site during the day-to-day performance of the Work. § 3.9.2 The Contractor,as soon as practicable after award of the Contract,shall notify the Owner and Architect of the name and qualifications of a proposed superintendent if not already identified in the Contract Documents. Within 14 days of receipt of the information,the Architect may notify the Contractor,stating whether the Owner or the Architect (1)has reasonable objection to the proposed superintendent or(2)requires additional time for review.Failure of the Architect to provide notice within the 14-day period shall constitute notice of no reasonable objection. § 3.9.3 The Contractor shall not employ a proposed superintendent to whom the Owner or Architect has made reasonable and timely objection.The Contractor shall not change the superintendent without the Owner's consent, which shall not unreasonably be withheld or delayed. § 3.10 Contractor's Construction and Submittal Schedules § 3.10.1 The Contractor,promptly after being awarded the Contract,shall submit for the Owner's and Architect's information a Contractor's construction schedule for the Work.The schedule shall contain detail appropriate for the Project,including(1)the date of commencement of the Work,interim schedule milestone dates,and the date of Substantial Completion;(2)an apportionment of the Work by construction activity;and(3)the time required for completion of each portion of the Work.The schedule shall provide for the orderly progression of the Work to completion and shall not exceed time limits current under the Contract Documents.The schedule shall be revised at appropriate intervals as required by the conditions of the Work and Project. § 3.10.2 The Contractor,promptly after being awarded the Contract and thereafter as necessary to maintain a current submittal schedule,shall submit a submittal schedule for the Architect's approval.The Architect's approval shall not be unreasonably delayed or withheld.The submittal schedule shall(1)be coordinated with the Contractor's construction schedule,and(2)allow the Architect reasonable time to review submittals.If the Contractor fails to submit a submittal schedule,or fails to provide submittals in accordance with the approved submittal schedule,the Contractor shall not be entitled to any increase in Contract Sum or extension of Contract Time based on the time required for review of submittals. § 3.10.3 The Contractor shall perform the Work in general accordance with the most recent schedules submitted to the Owner and Architect. Init. AIA Document A201®-2017.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo, 'A201,"and"AIA Contract Documents"are 16 registered trademarks and may not be used without permission.This document was produced by AIA software at 18:54:39 ET on 02/11/2021 under Order No.8620299805 which expires on 09/18/2021,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service,To report copyright violations,e-mail copyright@aia.org. User Notes: (114761 Page 299 Item#13. § 3.11 Documents and Samples at the Site The Contractor shall make available,at the Project site,the Contract Documents,including Change Orders, Construction Change Directives,and other Modifications,in good order and marked currently to indicate field changes and selections made during construction,and the approved Shop Drawings,Product Data,Samples,and similar required submittals.These shall be in electronic form or paper copy,available to the Architect and Owner,and delivered to the Architect for submittal to the Owner upon completion of the Work as a record of the Work as constructed. § 3.12 Shop Drawings,Product Data and Samples § 3.12.1 Shop Drawings are drawings,diagrams,schedules,and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub-subcontractor,manufacturer,supplier,or distributor to illustrate some portion of the Work. § 3.12.2 Product Data are illustrations,standard schedules,performance charts,instructions,brochures,diagrams,and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. § 3.12.3 Samples are physical examples that illustrate materials,equipment,or workmanship,and establish standards by which the Work will be judged. § 3.12.4 Shop Drawings,Product Data,Samples,and similar submittals are not Contract Documents.Their purpose is to demonstrate how the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents for those portions of the Work for which the Contract Documents require submittals.Review by the Architect is subject to the limitations of Section 4.2.7.Informational submittals upon which the Architect is not expected to take responsive action may be so identified in the Contract Documents.Submittals that are not required by the Contract Documents may be returned by the Architect without action. § 3.12.5 The Contractor shall review for compliance with the Contract Documents,approve,and submit to the Architect, Shop Drawings,Product Data,Samples,and similar submittals required by the Contract Documents,in accordance with the submittal schedule approved by the Architect or,in the absence of an approved submittal schedule,with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of Separate Contractors. § 3.12.6 By submitting Shop Drawings,Product Data,Samples,and similar submittals,the Contractor represents to the Owner and Architect that the Contractor has(1)reviewed and approved them,(2)determined and verified materials,field measurements and field construction criteria related thereto,or will do so,and(3)checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. § 3.12.7 The Contractor shall perform no portion of the Work for which the Contract Documents require submittal and review of Shop Drawings,Product Data, Samples,or similar submittals,until the respective submittal has been approved by the Architect. § 3.12.8 The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of responsibility for deviations from the requirements of the Contract Documents by the Architect's approval of Shop Drawings,Product Data,Samples,or similar submittals,unless the Contractor has specifically notified the Architect of such deviation at the time of submittal and(1)the Architect has given written approval to the specific deviation as a minor change in the Work,or(2)a Change Order or Construction Change Directive has been issued authorizing the deviation.The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings,Product Data,Samples,or similar submittals,by the Architect's approval thereof. § 3.12.9 The Contractor shall direct specific attention,in writing or on resubmitted Shop Drawings,Product Data, Samples,or similar submittals,to revisions other than those requested by the Architect on previous submittals.In the absence of such notice,the Architect's approval of a resubmission shall not apply to such revisions. § 3.12.10 The Contractor shall not be required to provide professional services that constitute the practice of architecture or engineering unless such services are specifically required by the Contract Documents for a portion of the Work or unless the Contractor needs to provide such services in order to carry out the Contractor's responsibilities Init. AIA Document A201®-2017.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,"A201,"and"AIA Contract Documents"are 17 registered trademarks and may not be used without permission.This document was produced by AIA software at 18:54:39 ET on 02/11/2021 under Order 1 No'8620299805 which expires on 09/18/2021,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (114761 Page 300 Item#13. for construction means,methods,techniques, sequences,and procedures.The Contractor shall not be required to provide professional services in violation of applicable law. § 3.12.10.1 If professional design services or certifications by a design professional related to systems,materials,or equipment are specifically required of the Contractor by the Contract Documents,the Owner and the Architect will specify all performance and design criteria that such services must satisfy.The Contractor shall be entitled to rely upon the adequacy and accuracy of the performance and design criteria provided in the Contract Documents.The Contractor shall cause such services or certifications to be provided by an appropriately licensed design professional, whose signature and seal shall appear on all drawings,calculations,specifications,certifications,Shop Drawings,and other submittals prepared by such professional.Shop Drawings,and other submittals related to the Work,designed or certified by such professional,if prepared by others,shall bear such professional's written approval when submitted to the Architect.The Owner and the Architect shall be entitled to rely upon the adequacy and accuracy of the services, certifications,and approvals performed or provided by such design professionals,provided the Owner and Architect have specified to the Contractor the performance and design criteria that such services must satisfy.Pursuant to this Section 3.12.10,the Architect will review and approve or take other appropriate action on submittals only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. § 3.12.10.2 If the Contract Documents require the Contractor's design professional to certify that the Work has been performed in accordance with the design criteria,the Contractor shall furnish such certifications to the Architect at the time and in the form specified by the Architect. § 3.13 Use of Site The Contractor shall confine operations at the site to areas permitted by applicable laws,statutes,ordinances,codes, rules and regulations,lawful orders of public authorities,and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. § 3.14 Cutting and Patching § 3.14.1 The Contractor shall be responsible for cutting,fitting,or patching required to complete the Work or to make its parts fit together properly.All areas requiring cutting,fitting,or patching shall be restored to the condition existing prior to the cutting,fitting,or patching,unless otherwise required by the Contract Documents. § 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner or Separate Contractors by cutting,patching,or otherwise altering such construction,or by excavation.The Contractor shall not cut or otherwise alter construction by the Owner or a Separate Contractor except with written consent of the Owner and of the Separate Contractor.Consent shall not be unreasonably withheld.The Contractor shall not unreasonably withhold,from the Owner or a Separate Contractor, its consent to cutting or otherwise altering the Work. § 3.15 Cleaning Up § 3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials and rubbish caused by operations under the Contract.At completion of the Work,the Contractor shall remove waste materials,rubbish,the Contractor's tools,construction equipment,machinery,and surplus materials from and about the Project. § 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents,the Owner may do so and the Owner shall be entitled to reimbursement from the Contractor. § 3.16 Access to Work The Contractor shall provide the Owner and Architect with access to the Work in preparation and progress wherever located. § 3.17 Royalties, Patents and Copyrights The Contractor shall pay all royalties and license fees.The Contractor shall defend suits or claims for infringement of copyrights and patent rights and shall hold the Owner and Architect harmless from loss on account thereof,but shall not be responsible for defense or loss when a particular design,process,or product of a particular manufacturer or manufacturers is required by the Contract Documents,or where the copyright violations are contained in Drawings, Init. AIA DocumentA201®-2017.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,"A201,"and"AIA Contract Documents"are 18 registered trademarks and may not be used without permission.This document was produced by AIA software at 18:54:39 ET on 02/11/2021 under Order 1 No.8620299805 which expires on 09/18/2021,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (114761 Page 301 Item#13. Specifications,or other documents prepared by the Owner or Architect.However,if an infringement of a copyright or patent is discovered by,or made known to,the Contractor,the Contractor shall be responsible for the loss unless the information is promptly furnished to the Architect. § 3.18 Indemnification § 3.18.1 To the fullest extent permitted by law,the Contractor shall indemnify and hold harmless the Owner, Architect,Architect's consultants,and agents and employees of any of them from and against claims,damages,losses, and expenses,including but not limited to attorneys' fees,arising out of or resulting from performance of the Work, provided that such claim,damage,loss,or expense is attributable to bodily injury,sickness,disease or death,or to injury to or destruction of tangible property(other than the Work itself),but only to the extent caused by the negligent acts or omissions of the Contractor,a Subcontractor,anyone directly or indirectly employed by them,or anyone for whose acts they may be liable,regardless of whether or not such claim,damage,loss,or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate,abridge,or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in this Section 3.18. § 3.18.2 In claims against any person or entity indemnified under this Section 3.18 by an employee of the Contractor, a Subcontractor,anyone directly or indirectly employed by them,or anyone for whose acts they may be liable,the indemnification obligation under Section 3.18.1 shall not be limited by a limitation on amount or type of damages, compensation,or benefits payable by or for the Contractor or a Subcontractor under workers' compensation acts, disability benefit acts,or other employee benefit acts. ARTICLE 4 ARCHITECT § 4.1 General § 4.1.1 The Architect is the person or entity retained by the Owner pursuant to Section 2.3.2 and identified as such in the Agreement. § 4.1.2 Duties,responsibilities,and limitations of authority of the Architect as set forth in the Contract Documents shall not be restricted,modified,or extended without written consent of the Owner,Contractor,and Architect.Consent shall not be unreasonably withheld. § 4.2 Administration of the Contract § 4.2.1 The Architect will provide administration of the Contract as described in the Contract Documents and will be an Owner's representative during construction until the date the Architect issues the final Certificate for Payment.The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents. § 4.2.2 The Architect will visit the site at intervals appropriate to the stage of construction,or as otherwise agreed with the Owner,to become generally familiar with the progress and quality of the portion of the Work completed,and to determine in general if the Work observed is being performed in a manner indicating that the Work,when fully completed,will be in accordance with the Contract Documents.The Architect will not have control over,charge of,or responsibility for the construction means,methods,techniques,sequences or procedures,or for the safety precautions and programs in connection with the Work,since these are solely the Contractor's rights and responsibilities under the Contract Documents. § 4.2.3 On the basis of the site visits,the Architect will keep the Owner reasonably informed about the progress and quality of the portion of the Work completed,and promptly report to the Owner(1)known deviations from the Contract Documents,(2)known deviations from the most recent construction schedule submitted by the Contractor, and(3)defects and deficiencies observed in the Work.The Architect will not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents.The Architect will not have control over or charge of,and will not be responsible for acts or omissions of,the Contractor,Subcontractors,or their agents or employees,or any other persons or entities performing portions of the Work. § 4.2.4 Communications The Owner and Contractor shall include the Architect in all communications that relate to or affect the Architect's services or professional responsibilities.The Owner shall promptly notify the Architect of the substance of any direct communications between the Owner and the Contractor otherwise relating to the Project. Communications by and with the Architect's consultants shall be through the Architect.Communications by and with Subcontractors and Init. AIA Document A201®-2017.Copyright©1911,1915,1918,1925.1937,1951,1958,1961,1963,1966,1970,1976,1987.1997,2007 and 2017 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,"A201,"and"AIA Contract Documents"are 19 registered trademarks and may not be used without permission This document was produced by AIA software at 18:54:39 ET on 02/11/2021 under Order 1 No.8620299805 which expires on 09/18/2021,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (114761 Page 302 Item#13. suppliers shall be through the Contractor.Communications by and with Separate Contractors shall be through the Owner.The Contract Documents may specify other communication protocols. § 4.2.5 Based on the Architect's evaluations of the Contractor's Applications for Payment,the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. § 4.2.6 The Architect has authority to reject Work that does not conform to the Contract Documents.Whenever the Architect considers it necessary or advisable,the Architect will have authority to require inspection or testing of the Work in accordance with Sections 13.4.2 and 13.4.3,whether or not the Work is fabricated,installed or completed. However,neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor,Subcontractors,suppliers, their agents or employees,or other persons or entities performing portions of the Work. § 4.2.7 The Architect will review and approve,or take other appropriate action upon,the Contractor's submittals such as Shop Drawings,Product Data,and Samples,but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents.The Architect's action will be taken in accordance with the submittal schedule approved by the Architect or,in the absence of an approved submittal schedule,with reasonable promptness while allowing sufficient time in the Architect's professional judgment to permit adequate review.Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities,or for substantiating instructions for installation or performance of equipment or systems,all of which remain the responsibility of the Contractor as required by the Contract Documents.The Architect's review of the Contractor's submittals shall not relieve the Contractor of the obligations under Sections 3.3,3.5,and 3.12.The Architect's review shall not constitute approval of safety precautions or of any construction means,methods,techniques,sequences,or procedures.The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. § 4.2.8 The Architect will prepare Change Orders and Construction Change Directives,and may order minor changes in the Work as provided in Section 7.4.The Architect will investigate and make determinations and recommendations regarding concealed and unknown conditions as provided in Section 3.7.4. § 4.2.9 The Architect will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion;issue Certificates of Substantial Completion pursuant to Section 9.8;receive and forward to the Owner,for the Owner's review and records,written warranties and related documents required by the Contract and assembled by the Contractor pursuant to Section 9.10; and issue a final Certificate for Payment pursuant to Section 9.10. § 4.2.10 If the Owner and Architect agree,the Architect will provide one or more Project representatives to assist in carrying out the Architect's responsibilities at the site.The Owner shall notify the Contractor of any change in the duties,responsibilities and limitations of authority of the Project representatives. § 4.2.11 The Architect will interpret and decide matters concerning performance under,and requirements of,the Contract Documents on written request of either the Owner or Contractor.The Architect's response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 4.2.12 Interpretations and decisions of the Architect will be consistent with the intent of,and reasonably inferable from,the Contract Documents and will be in writing or in the form of drawings.When making such interpretations and decisions,the Architect will endeavor to secure faithful performance by both Owner and Contractor,will not show partiality to either,and will not be liable for results of interpretations or decisions rendered in good faith. § 4.2.13 The Architect's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. § 4.2.14 The Architect will review and respond to requests for information about the Contract Documents.The Architect's response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness.If appropriate,the Architect will prepare and issue supplemental Drawings and Specifications in response to the requests for information. Init. AIA DocumentA201®-2017 Copyright©1911,1915,1918,1925,1937,1951,1958,1961.1963,1966,1970,1976,1987.1997,2007 and 2017 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,"A201,"and"AIA Contract Documents"are 20 registered trademarks and may not be used without permission.This document was produced by AIA software at 18:54:39 ET on 02/11/2021 under Order I No.8620299805 which expires on 09/1812021,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (114761 Page 303 Item#13. ARTICLE 5 SUBCONTRACTORS § 5.1 Definitions § 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site.The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor.The term "Subcontractor" does not include a Separate Contractor or the subcontractors of a Separate Contractor. § 5.1.2 A Sub-subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site.The term"Sub-subcontractor"is referred to throughout the Contract Documents as if singular in number and means a Sub-subcontractor or an authorized representative of the Sub-subcontractor. § 5.2 Award of Subcontracts and Other Contracts for Portions of the Work § 5.2.1 Unless otherwise stated in the Contract Documents,the Contractor,as soon as practicable after award of the Contract,shall notify the Owner and Architect of the persons or entities proposed for each principal portion of the Work,including those who are to furnish materials or equipment fabricated to a special design.Within 14 days of receipt of the information,the Architect may notify the Contractor whether the Owner or the Architect(1)has reasonable objection to any such proposed person or entity or(2)requires additional time for review.Failure of the Architect to provide notice within the 14-day period shall constitute notice of no reasonable objection. § 5.2.2 The Contractor shall not contract with a proposed person or entity to whom the Owner or Architect has made reasonable and timely objection.The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. § 5.2.3 If the Owner or Architect has reasonable objection to a person or entity proposed by the Contractor,the Contractor shall propose another to whom the Owner or Architect has no reasonable objection.If the proposed but rejected Subcontractor was reasonably capable of performing the Work,the Contract Sum and Contract Time shall be increased or decreased by the difference,if any,occasioned by such change,and an appropriate Change Order shall be issued before commencement of the substitute Subcontractor's Work.However,no increase in the Contract Sum or Contract Time shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required. § 5.2.4 The Contractor shall not substitute a Subcontractor,person,or entity for one previously selected if the Owner or Architect makes reasonable objection to such substitution. § 5.3 Subcontractual Relations By appropriate written agreement,the Contractor shall require each Subcontractor,to the extent of the Work to be performed by the Subcontractor,to be bound to the Contractor by terms of the Contract Documents,and to assume toward the Contractor all the obligations and responsibilities,including the responsibility for safety of the Subcontractor's Work that the Contractor,by these Contract Documents,assumes toward the Owner and Architect. Contractor shall require that Subcontractor shall promptly report to Contractor any errors,inconsistencies or omissions in the Contract Documents discovered or made known,or should have known to Subcontractor with respect to the Work to be performed by the Subcontractor. Contractor shall also require Subcontractor to promptly report to Contractor if Subcontractor cannot determine or is unsure of the design intent or design concept as expressed in the Contract Documents with respect to the Work to be performed by the Subcontractor. Each subcontract agreement shall preserve and protect the rights of the Owner and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights,and shall allow to the Subcontractor,unless specifically provided otherwise in the subcontract agreement,the benefit of all rights,remedies,and redress against the Contractor that the Contractor,by the Contract Documents,has against the Owner.Where appropriate,the Contractor shall require each Subcontractor to enter into similar agreements with Sub-subcontractors.The Contractor shall make available to each proposed Subcontractor,prior to the execution of the subcontract agreement,copies of the Contract Documents to which the Subcontractor will be bound,and,upon written request of the Subcontractor,identify to the Subcontractor terms and conditions of the proposed subcontract agreement that may be at variance with the Contract Documents. Subcontractors will similarly make copies of applicable portions of such documents available to their respective proposed Sub-subcontractors. § 5.4 Contingent Assignment of Subcontracts § 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner,provided that Init. AIA DocumentA20111-2017.Copyright©1911,1915,1918.1925,1937,1951,1958,1961,1963,1966,1970.1976,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,"A201,"and"AIA Contract Documents"are 21 registered trademarks and may not be used without permission.This document was produced by AIA software at 18:54:39 ET on 02/11/2021 under Order No.8620299805 which expires on 09/18/2021.is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org User Notes: (114761 Page 304 Item#13. .1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Section 14.2 and only for those subcontract agreements that the Owner accepts by notifying the Subcontractor and Contractor;and .2 assignment is subject to the prior rights of the surety,if any,obligated under bond relating to the Contract. When the Owner accepts the assignment of a subcontract agreement,the Owner assumes the Contractor's rights and obligations under the subcontract. § 5.4.2 Upon such assignment,if the Work has been suspended for more than 30 days,the Subcontractor's compensation shall be equitably adjusted for increases in cost resulting from the suspension. § 5.4.3 Upon assignment to the Owner under this Section 5.4,the Owner may further assign the subcontract to a successor contractor or other entity.If the Owner assigns the subcontract to a successor contractor or other entity,the Owner shall nevertheless remain legally responsible for all of the successor contractor's obligations under the subcontract. ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS § 6.1 Owner's Right to Perform Construction and to Award Separate Contracts § 6.1.1 The term"Separate Contractor(s)" shall mean other contractors retained by the Owner under separate agreements.The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces,and with Separate Contractors retained under Conditions of the Contract substantially similar to those of this Contract,including those provisions of the Conditions of the Contract related to insurance.. § 6.1.2 When separate contracts are awarded for different portions of the Project or other construction or operations on the site,the term"Contractor"in the Contract Documents in each case shall mean the Contractor who executes each separate Owner-Contractor Agreement. § 6.1.3 The Owner shall provide for coordination of the activities of the Owner's own forces and of each Separate Contractor with the Work of the Contractor,who shall cooperate with them.The Contractor shall participate with any Separate Contractors and the Owner in reviewing their construction schedules.The Contractor shall make any revisions to its construction schedule deemed necessary after a joint review and mutual agreement.The construction schedules shall then constitute the schedules to be used by the Contractor,Separate Contractors,and the Owner until subsequently revised. § 6.1.4 Unless otherwise provided in the Contract Documents,when the Owner performs construction or operations related to the Project with the Owner's own forces or with Separate Contractors,the Owner or its Separate Contractors shall have the same obligations and rights that the Contractor has under the Conditions of the Contract,including, without excluding others,those stated in Article 3,this Article 6,and Articles 10, 11,and 12. § 6.2 Mutual Responsibility § 6.2.1 The Contractor shall afford the Owner and Separate Contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities,and shall connect and coordinate the Contractor's construction and operations with theirs as required by the Contract Documents. § 6.2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner or a Separate Contractor,the Contractor shall,prior to proceeding with that portion of the Work,promptly notify the Architect of apparent discrepancies or defects in the construction or operations by the Owner or Separate Contractor that would render it unsuitable for proper execution and results of the Contractor's Work.Failure of the Contractor to notify the Architect of apparent discrepancies or defects prior to proceeding with the Work shall constitute an acknowledgment that the Owner's or Separate Contractor's completed or partially completed construction is fit and proper to receive the Contractor's Work.The Contractor shall not be responsible for discrepancies or defects in the construction or operations by the Owner or Separate Contractor that are not apparent. § 6.2.3 The Contractor shall reimburse the Owner for costs the Owner incurs that are payable to a Separate Contractor because of the Contractor's delays,improperly timed activities or defective construction.The Owner shall be Init. AIA DocumentA201®-2017.Copyright©1911,1915,1918,1925.1937,1951,1958,1961.1963,1966,1970,1976.1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,"A201,"and"AIA Contract Documents"are 22 registered trademarks and may not be used without permission.This document was produced by AIA software at 18:54:39 ET on 02/11/2021 under Order No.8620299805 which expires on 09/18/2021,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service To report copyright violations,e-mail copyright@aia.org. User Notes: (114761 Page 305 Item#13. responsible to the Contractor for costs the Contractor incurs because of a Separate Contractor's delays,improperly timed activities,damage to the Work or defective construction. § 6.2.4 The Contractor shall promptly remedy damage that the Contractor wrongfully causes to completed or partially completed construction or to property of the Owner or Separate Contractor as provided in Section 10.2.5. § 6.2.5 The Owner and each Separate Contractor shall have the same responsibilities for cutting and patching as are described for the Contractor in Section 3.14. § 6.3 Owner's Right to Clean Up If a dispute arises among the Contractor,Separate Contractors,and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish,the Owner may clean up and the Architect will allocate the cost among those responsible. ARTICLE 7 CHANGES IN THE WORK § 7.1 General § 7.1.1 Changes in the Work may be accomplished after execution of the Contract,and without invalidating the Contract,by Change Order,Construction Change Directive or order for a minor change in the Work,subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. § 7.1.2 A Change Order shall be based upon agreement among the Owner,Contractor,and Architect.A Construction Change Directive requires agreement by the Owner and Architect and may or may not be agreed to by the Contractor. An order for a minor change in the Work may be issued by the Architect alone. § 7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents.The Contractor shall proceed promptly with changes in the Work,unless otherwise provided in the Change Order, Construction Change Directive,or order for a minor change in the Work. § 7.2 Change Orders § 7.2.1 A Change Order is a written instrument prepared by the Architect and signed by the Owner,Contractor,and Architect stating their agreement upon all of the following: .1 The change in the Work; .2 The amount of the adjustment,if any,in the Contract Sum;and .3 The extent of the adjustment,if any,in the Contract Time. § 7.3 Construction Change Directives § 7.3.1 A Construction Change Directive is a written order prepared by the Architect and signed by the Owner and Architect,directing a change in the Work prior to agreement on adjustment,if any,in the Contract Sum or Contract Time,or both.The Owner may by Construction Change Directive,without invalidating the Contract,order changes in the Work within the general scope of the Contract consisting of additions,deletions,or other revisions,the Contract Sum and Contract Time being adjusted accordingly. § 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. § 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum,the adjustment shall be based on one of the following methods: .1 Mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; .2 Unit prices stated in the Contract Documents or subsequently agreed upon; .3 Cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee;or .4 As provided in Section 7.3.4. § 7.3.4 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the Owner and the Architect shall determine the adjustment on the basis of reasonable expenditures and savings of those performing the Work attributable to the change,including,in case of an increase in the Contract Sum,an amount Init. AIA Document A201®-2017.Copyright©1911,1915,1918,1925.1937,1951,1958,1961,1963.1966,1970,1976,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved The"American Institute of Architects,""AIA,"the AIA Logo,"A201,"and"AIA Contract Documents"are 23 registered trademarks and may not be used without permission.This document was produced by AIA software at 18:54:39 ET on 02/11/2021 under Order No.8620299805 which expires on 09118/2021,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (114761 Page 306 Item#13. for overhead and profit as set forth in the Agreement,or if no such amount is set forth in the Agreement,a reasonable amount.In such case,and also under Section 7.3.3.3,the Contractor shall keep and present,in such form as the Architect may prescribe,an itemized accounting together with appropriate supporting data.Unless otherwise provided in the Contract Documents,costs for the purposes of this Section 7.3.4 shall be limited to the following: .1 Costs of labor,including applicable payroll taxes,fringe benefits required by agreement or custom, workers' compensation insurance,and other employee costs approved by the Architect; .2 Costs of materials,supplies,and equipment,including cost of transportation,whether incorporated or consumed; .3 Rental costs of machinery and equipment,exclusive of hand tools,whether rented from the Contractor or others; .4 Costs of premiums for all bonds and insurance,permit fees,and sales,use,or similar taxes,directly related to the change;and .5 Costs of supervision and field office personnel directly attributable to the change. § 7.3.5 If the Contractor disagrees with the adjustment in the Contract Time,the Contractor may make a Claim in accordance with applicable provisions of Article 15. § 7.3.6 Upon receipt of a Construction Change Directive,the Contractor shall promptly proceed with the change in the Work involved and advise the Architect of the Contractor's agreement or disagreement with the method,if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time. § 7.3.7 A Construction Change Directive signed by the Contractor indicates the Contractor's agreement therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. § 7.3.8 The amount of credit to be allowed by the Contractor to the Owner for a deletion or change that results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Architect. When both additions and credits covering related Work or substitutions are involved in a change,the allowance for overhead and profit shall be figured on the basis of net increase,if any,with respect to that change. § 7.3.9 Pending final determination of the total cost of a Construction Change Directive to the Owner,the Contractor may request payment for Work completed under the Construction Change Directive in Applications for Payment.The Architect will make an interim determination for purposes of monthly certification for payment for those costs and certify for payment the amount that the Architect determines, in the Architect's professional judgment,to be reasonably justified.The Architect's interim determination of cost shall adjust the Contract Sum on the same basis as a Change Order,subject to the right of either party to disagree and assert a Claim in accordance with Article 15. § 7.3.10 When the Owner and Contractor agree with a determination made by the Architect concerning the adjustments in the Contract Sum and Contract Time,or otherwise reach agreement upon the adjustments,such agreement shall be effective immediately and the Architect will prepare a Change Order.Change Orders may be issued for all or any part of a Construction Change Directive. § 7.4 Minor Changes in the Work The Architect may order minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time.The Architect's order for minor changes shall be in writing.If the Contractor believes that the proposed minor change in the Work will affect the Contract Sum or Contract Time,the Contractor shall notify the Architect and shall not proceed to implement the change in the Work.If the Contractor performs the Work set forth in the Architect's order for a minor change without prior notice to the Architect that such change will affect the Contract Sum or Contract Time,the Contractor waives any adjustment to the Contract Sum or extension of the Contract Time. ARTICLE 8 TIME § 8.1 Definitions § 8.1.1 Unless otherwise provided,Contract Time is the period of time,including authorized adjustments,allotted in the Contract Documents for Substantial Completion of the Work. Init. AIA Document A201®-2017.Copyright©1911,1915,1918,1925.1937,1951,1958,1961,1963,1966,1970,1976,1987.1997.2007 and 2017 by The American Institute of Architects.All rights reserved.The"American Institute of Architects;"'AIA,"the AIA Logo,"A201,"and"AIA Contract Documents"are 24 registered trademarks and may not be used without permission.This document was produced by AIA software at 18:54:39 ET on 02/11/2021 under Order I No'8620299805 which expires on 09/18/2021,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (114761 Page 307 Item#13. § 8.1.2 The date of commencement of the Work is the date established in the Agreement. § 8.1.3 The date of Substantial Completion is the date certified by the Architect in accordance with Section 9.8. § 8.1.4 The term "day"as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. § 8.2 Progress and Completion § 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract.By executing the Agreement, the Contractor confirms that the Contract Time is a reasonable period for performing the Work. § 8.2.2 The Contractor shall not knowingly,except by agreement or instruction of the Owner in writing,commence the Work prior to the effective date of insurance required to be furnished by the Contractor and Owner. § 8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. § 8.3 Delays and Extensions of Time § 8.3.1 If the Contractor is delayed at any time in the commencement or progress of the Work by(1)an act or neglect of the Owner or Architect,of an employee of either,or of a Separate Contractor of Owner or Architect;(2)by changes ordered in the Work;(3)by labor disputes,fire,unusual delay in deliveries,unavoidable casualties,adverse weather conditions documented in accordance with Section 15.1.6.2,or other causes beyond the Contractor's control;(4)by delay authorized by the Owner pending mediation and binding dispute resolution;or(5)by other causes that the Contractor asserts,and the Architect determines,justify delay,then the Contract Time shall be extended for such reasonable time as the Architect may determine. § 8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Article 15. § 8.3.3 This Section 8.3 does not preclude recovery of damages for delay by either party under other provisions of the Contract Documents. ARTICLE 9 PAYMENTS AND COMPLETION § 9.1 Contract Sum § 9.1.1 The Contract Sum is stated in the Agreement and,including authorized adjustments,is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. § 9.1.2 If unit prices are stated in the Contract Documents or subsequently agreed upon,and if quantities originally contemplated are materially changed so that application of such unit prices to the actual quantities causes substantial inequity to the Owner or Contractor,the applicable unit prices shall be equitably adjusted. § 9.2 Schedule of Values Where the Contract is based on a stipulated sum or Guaranteed Maximum Price,the Contractor shall submit a schedule of values to the Architect before the first Application for Payment,allocating the entire Contract Sum to the various portions of the Work.The schedule of values shall be prepared in the form,and supported by the data to substantiate its accuracy,required by the Architect.This schedule,unless objected to by the Architect,shall be used as a basis for reviewing the Contractor's Applications for Payment.Any changes to the schedule of values shall be submitted to the Architect and supported by such data to substantiate its accuracy as the Architect may require,and unless objected to by the Architect,shall be used as a basis for reviewing the Contractor's subsequent Applications for Payment. § 9.3 Applications for Payment § 9.3.1 At least thirty days before the date established for each progress payment,the Contractor shall submit to the Architect an itemized Application for Payment prepared in accordance with the schedule of values,if required under Section 9.2,for completed portions of the Work.The application shall be notarized,if required,and supported by all data substantiating the Contractor's right to payment that the Owner or Architect require,such as copies of requisitions,and releases and waivers of liens from Subcontractors and suppliers,and shall reflect retainage if provided for in the Contract Documents. Init. AIA Document A201®-2017.Copyright©1911,1915.1918.1925.1937,1951,1958.1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,"A201,"and"AIA Contract Documents"are 25 registered trademarks and may not be used without permission.This document was produced by AIA software at 18:54:39 ET on 02/11/2021 under Order I No.8620299805 which expires on 09/18/2021,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service To report copyright violations,e-mail copyright@aia.org. User Notes: (114761 Page 308 Item#13. § 9.3.1.1 As provided in Section 7.3.9,such applications may include requests for payment on account of changes in the Work that have been properly authorized by Construction Change Directives,or by interim determinations of the Architect,but not yet included in Change Orders. § 9.3.1.2 Applications for Payment shall not include requests for payment for portions of the Work for which the Contractor does not intend to pay a Subcontractor or supplier,unless such Work has been performed by others whom the Contractor intends to pay. § 9.3.2 Unless otherwise provided in the Contract Documents,payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work.If approved in advance by the Owner,payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing.Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest,and shall include the costs of applicable insurance,storage, and transportation to the site,for such materials and equipment stored off the site. § 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment.The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall,to the best of the Contractor's knowledge,information,and belief,be free and clear of liens,claims,security interests,or encumbrances,in favor of the Contractor, Subcontractors,suppliers,or other persons or entities that provided labor, materials,and equipment relating to the Work. § 9.4 Certificates for Payment § 9.4.1 The Architect will,within seven days after receipt of the Contractor's Application for Payment,either(1)issue to the Owner a Certificate for Payment in the full amount of the Application for Payment,with a copy to the Contractor;or(2)issue to the Owner a Certificate for Payment for such amount as the Architect determines is properly due,and notify the Contractor and Owner of the Architect's reasons for withholding certification in part as provided in Section 9.5.1;or(3)withhold certification of the entire Application for Payment,and notify the Contractor and Owner of the Architect's reason for withholding certification in whole as provided in Section 9.5.1. § 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner,based on the Architect's evaluation of the Work to date and the data in the Application for Payment,that,to the best of the Architect's knowledge,information,and belief,the Work has progressed to the point indicated,the quality of the Work is in accordance with the Contract Documents,and that the Contractor is entitled to payment in the amount certified.The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon results of subsequent tests and inspections,to correction of minor deviations from the Contract Documents prior to completion,and to specific qualifications expressed by the Architect.However,the issuance of a Certificate for Payment will not be a representation that the Architect has made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 9.5 Decisions to Withhold Certification § 9.5.1 The Architect may withhold a Certificate for Payment in whole or in part,to the extent reasonably necessary to protect the Owner,if in the Architect's opinion the representations to the Owner required by Section 9.4.2 cannot be made. If the Architect is unable to certify payment in the amount of the Application,the Architect will notify the Contractor and Owner as provided in Section 9.4.1.If the Contractor and Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner.The Architect may also withhold a Certificate for Payment or,because of subsequently discovered evidence,may nullify the whole or a part of a Certificate for Payment previously issued,to such extent as may be necessary in the Architect's opinion to protect the Owner from loss for which the Contractor is responsible, including loss resulting from acts and omissions described in Section 3.3.2,because of .1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicating probable filing of such claims,unless security acceptable to the Owner is provided by the Contractor; .3 failure of the Contractor to make payments properly to Subcontractors or suppliers for labor,materials or equipment; Init. AIA DocumentA201®-2017, Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,"A201,"and"AIA Contract Documents"are 26 registered trademarks and may not be used without permission.This document was produced by AIA software at 18:54:39 ET on 02/11/2021 under Order I No.8620299805 which expires on 09/18/2021,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia org. User Notes: (114761 Page 309 Item#13. .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; .5 damage to the Owner or a Separate Contractor; .6 reasonable evidence that the Work will not be completed within the Contract Time,and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay;or .7 repeated failure to carry out the Work in accordance with the Contract Documents. § 9.5.2 When either party disputes the Architect's decision regarding a Certificate for Payment under Section 9.5.1,in whole or in part,that party may submit a Claim in accordance with Article 15. § 9.5.3 When the reasons for withholding certification are removed,certification will be made for amounts previously withheld. § 9.5.4 If the Architect withholds certification for payment under Section 9.5.1.3,the Owner may,at its sole option, issue joint checks to the Contractor and to any Subcontractor or supplier to whom the Contractor failed to make payment for Work properly performed or material or equipment suitably delivered.If the Owner makes payments by joint check,the Owner shall notify the Architect and the Contractor shall reflect such payment on its next Application for Payment. § 9.6 Progress Payments I § 9.6.1 After the Architect has issued a Certificate for Payment,the Owner shall make payment in the manner and ` within the time provided in the Contract Documents. § 9.6.2 The Contractor shall pay each Subcontractor,no later than seven days after receipt of payment from the Owner, the amount to which the Subcontractor is entitled,reflecting percentages actually retained from payments to the Contractor on account of the Subcontractor's portion of the Work.The Contractor shall,by appropriate agreement with each Subcontractor,require each Subcontractor to make payments to Sub-subcontractors in a similar manner. § 9.6.3 The Architect will,on request,furnish to a Subcontractor,if practicable,information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of portions of the Work done by such Subcontractor. § 9.6.4 The Owner has the right to request written evidence from the Contractor that the Contractor has properly paid Subcontractors and suppliers amounts paid by the Owner to the Contractor for subcontracted Work.If the Contractor fails to furnish such evidence within seven days,the Owner shall have the right to contact Subcontractors and suppliers to ascertain whether they have been properly paid.Neither the Owner nor Architect shall have an obligation to pay,or to see to the payment of money to,a Subcontractor or supplier,except as may otherwise be required by law. § 9.6.5 The Contractor's payments to suppliers shall be treated in a manner similar to that provided in Sections 9.6.2, 9.6.3 and 9.6.4. § 9.6.6 A Certificate for Payment,a progress payment,or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. § 9.6.7 Unless the Contractor provides the Owner with a payment bond in the full penal sum of the Contract Sum, payments received by the Contractor for Work properly performed by Subcontractors or provided by suppliers shall be held by the Contractor for those Subcontractors or suppliers who performed Work or furnished materials,or both, under contract with the Contractor for which payment was made by the Owner.Nothing contained herein shall require money to be placed in a separate account and not commingled with money of the Contractor,create any fiduciary liability or tort liability on the part of the Contractor for breach of trust,or entitle any person or entity to an award of punitive damages against the Contractor for breach of the requirements of this provision. § 9.6.8 Provided the Owner has fulfilled its payment obligations under the Contract Documents,the Contractor shall defend and indemnify the Owner from all loss,liability,damage or expense,including reasonable attorney's fees and litigation expenses,arising out of any lien claim or other claim for payment by any Subcontractor or supplier of any tier.Upon receipt of notice of a lien claim or other claim for payment,the Owner shall notify the Contractor.If approved by the applicable court,when required,the Contractor may substitute a surety bond for the property against which the lien or other claim for payment has been asserted. Init. AIA Document A201®-2017.Copyright©1911,1915,1918.1925,1937,1951,1958,1961.1963.1966,1970,1976,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,"A201,"and"AIA Contract Documents"are 27 registered trademarks and may not be used without permission.This document was produced by AIA software at 18:54:39 ET on 02/11/2021 under Order 1 No.8620299805 which expires on 09/18/2021,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service_To report copyright violations,e-mail copyright@aia.org. User Notes: (1147618 Page 310 Item#13. § 9.7 Failure of Payment If the Architect does not issue a Certificate for Payment,through no fault of the Contractor,within seven days after receipt of the Contractor's Application for Payment,or if the Owner does not pay the Contractor within seven days after the date established in the Contract Documents,the amount certified by the Architect or awarded by binding dispute resolution,then the Contractor may,upon seven additional days'notice to the Owner and Architect,stop the Work until payment of the amount owing has been received.The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shutdown,delay and start-up,plus interest as provided for in the Contract Documents. § 9.8 Substantial Completion § 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. § 9.8.2 When the Contractor considers that the Work,or a portion thereof which the Owner agrees to accept separately,is substantially complete,the Contractor shall prepare and submit to the Architect a comprehensive list of items to be completed or corrected prior to final payment.Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. § 9.8.3 Upon receipt of the Contractor's list,the Architect will make an inspection to determine whether the Work or designated portion thereof is substantially complete.If the Architect's inspection discloses any item,whether or not included on the Contractor's list,which is not sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work or designated portion thereof for its intended use,the Contractor shall, before issuance of the Certificate of Substantial Completion,complete or correct such item upon notification by the Architect.In such case,the Contractor shall then submit a request for another inspection by the Architect to determine Substantial Completion. § 9.8.4 When the Work or designated portion thereof is substantially complete,the Architect will prepare a Certificate of Substantial Completion that shall establish the date of Substantial Completion;establish responsibilities of the Owner and Contractor for security,maintenance,heat,utilities,damage to the Work and insurance; and fix the time within which the Contractor shall finish all items on the list accompanying the Certificate.Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. § 9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in the Certificate.Upon such acceptance,and consent of surety if any, the Owner shall make payment of retainage applying to the Work or designated portion thereof.Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents. § 9.9 Partial Occupancy or Use § 9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contractor,provided such occupancy or use is consented to by the insurer and authorized by public authorities having jurisdiction over the Project.Such partial occupancy or use may commence whether or not the portion is substantially complete,provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments,retainage,if any,security,maintenance, heat,utilities,damage to the Work and insurance,and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents.When the Contractor considers a portion substantially complete,the Contractor shall prepare and submit a list to the Architect as provided under Section 9.8.2.Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld.The stage of the progress of the Work shall be determined by written agreement between the Owner and Contractor or,if no agreement is reached,by decision of the Architect. § 9.9.2 Immediately prior to such partial occupancy or use,the Owner,Contractor,and Architect shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. Init. AIA Document A201®-2017.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,"A201,"and"AIA Contract Documents"are 28 registered trademarks and may not be used without permission.This document was produced by AIA software at 18:54:39 ET on 02/11/2021 under Order 1 No.8620299805 which expires on 09/18/2021,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (1147618 Page 311 Item#13. § 9.9.3 Unless otherwise agreed upon,partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. § 9.10 Final Completion and Final Payment § 9.10.1 Upon receipt of the Contractor's notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment,the Architect will promptly make such inspection. When the Owner and Architect finds the Work acceptable under the Contract Documents and the Contract fully performed,the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect's knowledge,information and belief,and on the basis of the Architect's on-site visits and inspections,the Work has been completed in accordance with the Contract Documents and that the entire balance found to be due the Contractor and noted in the final Certificate is due and payable.The Architect's final Certificate for Payment will constitute a further representation that conditions listed in Section 9.10.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. § 9.10.2 Neither final payment nor any retained percentage shall become due until the Contractor submits to the Architect and Owner(1)an affidavit that payrolls,bills for materials and equipment,and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered(less amounts withheld by Owner)have been paid or otherwise satisfied,(2)a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect,(3)a written statement that the Contractor knows of no reason that the insurance will not be renewable to cover the period required by the Contract Documents,(4)consent of surety,if any,to final payment,(5)documentation of any special warranties,such as manufacturers' warranties or specific Subcontractor warranties,and(6)if required by the Owner,other data establishing payment or satisfaction of obligations,such as receipts and releases and waivers of liens,claims,security interests,or encumbrances arising out of the Contract,to the extent and in such form as may be designated by the Owner.If a Subcontractor refuses to furnish a release or waiver required by the Owner,the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien,claim,security interest,or encumbrance.If a lien,claim,security interest,or encumbrance remains unsatisfied after payments are made,the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging the lien,claim,security interest,or encumbrance,including all costs and reasonable attorneys' fees. § 9.10.3 If,after Substantial Completion of the Work,final completion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion,and the Architect so confirms,the Owner shall,upon application by the Contractor and certification by the Architect,and without terminating the Contract,make payment of the balance due for that portion of the Work fully completed,corrected,and accepted.If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Contract Documents,and if bonds have been furnished,the written consent of the surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Architect prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. § 9.10.4 The making of final payment shall constitute a waiver of Claims by the Owner except those arising from .1 liens,Claims,security interests,or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; .3 terms of special warranties required by the Contract Documents;or .4 audits performed by the Owner,if permitted by the Contract Documents,after final payment. § 9.10.5 Acceptance of final payment by the Contractor,a Subcontractor,or a supplier,shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY § 10.1 Safety Precautions and Programs The Contractor shall be responsible for initiating,maintaining,and supervising all safety precautions and programs in connection with the performance of the Contract. Init. AIA Document A2010-2017.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,"A201,"and"AIA Contract Documents"are 29 registered trademarks and may not be used without permission.This document was produced by AIA software at 18:54:39 ET on 02/11/2021 under Order No.8620299805 which expires on 09/18/2021,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service To report copyright violations,e-mail copyright@aia.org. User Notes: (1147618 Page 312 Item#13. § 10.2 Safety of Persons and Property § 10.2.1 The Contractor shall take reasonable precautions for safety of,and shall provide reasonable protection to prevent damage,injury,or loss to .1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorporated therein,whether in storage on or off the site, under care,custody,or control of the Contractor,a Subcontractor,or a Sub-subcontractor;and .3 other property at the site or adjacent thereto,such as trees,shrubs,lawns,walks,pavements,roadways, structures,and utilities not designated for removal,relocation,or replacement in the course of construction. § 10.2.2 The Contractor shall comply with,and give notices required by applicable laws,statutes,ordinances,codes, rules and regulations,and lawful orders of public authorities,bearing on safety of persons or property or their protection from damage,injury,or loss. § 10.2.3 The Contractor shall implement,erect,and maintain,as required by existing conditions and performance of the Contract,reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards;promulgating safety regulations;and notifying the owners and users of adjacent sites and utilities of the safeguards. § 10.2.4 When use or storage of explosives or other hazardous materials or equipment,or unusual methods are necessary for execution of the Work,the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. § 10.2.5 The Contractor shall promptly remedy damage and loss(other than damage or loss insured under property insurance required by the Contract Documents)to property referred to in Sections 10.2.1.2 and 10.2.1.3 caused in whole or in part by the Contractor,a Subcontractor,a Sub-subcontractor,or anyone directly or indirectly employed by any of them,or by anyone for whose acts they may be liable and for which the Contractor is responsible under Sections 10.2.1.2 and 10.2.1.3.The Contractor may make a Claim for the cost to remedy the damage or loss to the extent such damage or loss is attributable to acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them,or by anyone for whose acts either of them may be liable,and not attributable to the fault or negligence of the Contractor.The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Section 3.18. § 10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty shall be the prevention of accidents.This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner and Architect. § 10.2.7 The Contractor shall not permit any part of the construction or site to be loaded so as to cause damage or create an unsafe condition. § 10.2.8 Injury or Damage to Person or Property If either party suffers injury or damage to person or property because of an act or omission of the other party,or of others for whose acts such party is legally responsible,notice of the injury or damage,whether or not insured,shall be given to the other party within a reasonable time not exceeding 21 days after discovery.The notice shall provide sufficient detail to enable the other party to investigate the matter. § 10.3 Hazardous Materials and Substances § 10.3.1 The Contractor is responsible for compliance with any requirements included in the Contract Documents regarding hazardous materials or substances.If the Contractor encounters a hazardous material or substance not addressed in the Contract Documents and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance,including but not limited to asbestos or polychlorinated biphenyl(PCB),encountered on the site by the Contractor,the Contractor shall,upon recognizing the condition, immediately stop Work in the affected area and notify the Owner and Architect of the condition. § 10.3.2 Upon receipt of the Contractor's notice,the Owner shall obtain the services of a licensed laboratory to verify the presence or absence of the material or substance reported by the Contractor and,in the event such material or substance is found to be present,to cause it to be rendered harmless.Unless otherwise required by the Contract Init. AIA DocumentA201®-2017.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,"A201,"and"AIA Contract Documents"are 30 registered trademarks and may not be used without permission.This document was produced by AIA software at 18:54:39 ET on 02/11/2021 under Order 1 No.8620299805 which expires on 09/18/2021,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (114761 Page 313 Item#13. Documents,the Owner shall furnish in writing to the Contractor and Architect the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of the material or substance or who are to perform the task of removal or safe containment of the material or substance.The Contractor and the Architect will promptly reply to the Owner in writing stating whether or not either has reasonable objection to the persons or entities proposed by the Owner. If either the Contractor or Architect has an objection to a person or entity proposed by the Owner,the Owner shall propose another to whom the Contractor and the Architect have no reasonable objection. When the material or substance has been rendered harmless,Work in the affected area shall resume upon written agreement of the Owner and Contractor.By Change Order,the Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable additional costs of shutdown,delay,and start-up. § 10.3.3 To the fullest extent permitted by law,the Owner shall indemnify and hold harmless the Contractor, Subcontractors,Architect,Architect's consultants,and agents and employees of any of them from and against claims, damages,losses,and expenses,including but not limited to attorneys' fees,arising out of or resulting from performance of the Work in the affected area if in fact the material or substance presents the risk of bodily injury or death as described in Section 10.3.1 and has not been rendered harmless,provided that such claim,damage,loss,or expense is attributable to bodily injury,sickness,disease or death,or to injury to or destruction of tangible property (other than the Work itself),except to the extent that such damage,loss,or expense is due to the fault or negligence of the party seeking indemnity. § 10.3.4 The Owner shall not be responsible under this Section 10.3 for hazardous materials or substances the Contractor brings to the site unless such materials or substances are required by the Contract Documents.The Owner shall be responsible for hazardous materials or substances required by the Contract Documents,except to the extent of the Contractor's fault or negligence in the use and handling of such materials or substances. § 10.3.5 The Contractor shall reimburse the Owner for the cost and expense the Owner incurs(1)for remediation of hazardous materials or substances the Contractor brings to the site and negligently handles,or(2)where the Contractor fails to perform its obligations under Section 10.3.1,except to the extent that the cost and expense are due to the Owner's fault or negligence. § 10.3.6 If,without negligence on the part of the Contractor,the Contractor is held liable by a government agency for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents,the Owner shall reimburse the Contractor for all cost and expense thereby incurred. § 10.4 Emergencies In an emergency affecting safety of persons or property,the Contractor shall act,at the Contractor's discretion,to prevent threatened damage,injury,or loss.Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Article 15 and Article 7. ARTICLE 11 INSURANCE AND BONDS § 11.1 Contractor's Insurance and Bonds § 11.1.1 The Contractor shall purchase and maintain insurance of the types and limits of liability,containing the endorsements,and subject to the terms and conditions,as described in the Agreement or elsewhere in the Contract Documents.The Contractor shall purchase and maintain the required insurance from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located.The Owner,Architect,and Architect's consultants shall be named as additional insureds under the Contractor's commercial general liability policy or as otherwise described in the Contract Documents. § 11.1.2 The Contractor shall provide surety bonds of the types,for such penal sums,and subject to such terms and conditions as required by the Contract Documents.The Contractor shall purchase and maintain the required bonds from a company or companies lawfully authorized to issue surety bonds in the jurisdiction where the Project is located. § 11.1.3 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Contract,the Contractor shall promptly furnish a copy of the bonds or shall authorize a copy to be furnished. Init. AIA Document A201®-2017.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,"A201,"and"AIA Contract Documents"are 31 registered trademarks and may not be used without permission This document was produced by AIA software at 18:54:39 ET on 02/11/2021 under Order 1 No.8620299805 which expires on 09/18/2021,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (114761 Page 314 Item#13. § 11.1.4 Notice of Cancellation or Expiration of Contractor's Required Insurance.Within three(3)business days of the date the Contractor becomes aware of an impending or actual cancellation or expiration of any insurance required by the Contract Documents,the Contractor shall provide notice to the Owner of such impending or actual cancellation or expiration.Upon receipt of notice from the Contractor,the Owner shall,unless the lapse in coverage arises from an act or omission of the Owner,have the right to stop the Work until the lapse in coverage has been cured by the procurement of replacement coverage by the Contractor.The furnishing of notice by the Contractor shall not relieve the Contractor of any contractual obligation to provide any required coverage. § 11.2 Owner's Insurance § 11.2.1 The Owner shall purchase and maintain insurance of the types and limits of liability,containing the endorsements,and subject to the terms and conditions,as described in the Agreement or elsewhere in the Contract Documents.The Owner shall purchase and maintain the required insurance from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located. § 11.2.2 Failure to Purchase Required Property Insurance.If the Owner fails to purchase and maintain the required property insurance,with all of the coverages and in the amounts described in the Agreement or elsewhere in the Contract Documents,the Owner shall inform the Contractor in writing prior to commencement of the Work.Upon receipt of notice from the Owner,the Contractor may delay commencement of the Work and may obtain insurance that will protect the interests of the Contractor,Subcontractors,and Sub-Subcontractors in the Work.When the failure to provide coverage has been cured or resolved,the Contract Sum and Contract Time shall be equitably adjusted. In the event the Owner fails to procure coverage,the Owner waives all rights against the Contractor,Subcontractors,and Sub-subcontractors to the extent the loss to the Owner would have been covered by the insurance to have been procured by the Owner.The cost of the insurance shall be charged to the Owner by a Change Order.If the Owner does not provide written notice,and the Contractor is damaged by the failure or neglect of the Owner to purchase or maintain the required insurance,the Owner shall reimburse the Contractor for all reasonable costs and damages attributable thereto. § 11.2.3 Notice of Cancellation or Expiration of Owner's Required Property Insurance.Within three(3)business days of the date the Owner becomes aware of an impending or actual cancellation or expiration of any property insurance required by the Contract Documents,the Owner shall provide notice to the Contractor of such impending or actual cancellation or expiration.Unless the lapse in coverage arises from an act or omission of the Contractor:(1)the Contractor,upon receipt of notice from the Owner,shall have the right to stop the Work until the lapse in coverage has been cured by the procurement of replacement coverage by either the Owner or the Contractor;(2)the Contract Time and Contract Sum shall be equitably adjusted;and(3)the Owner waives all rights against the Contractor, Subcontractors,and Sub-subcontractors to the extent any loss to the Owner would have been covered by the insurance had it not expired or been cancelled.If the Contractor purchases replacement coverage,the cost of the insurance shall be charged to the Owner by an appropriate Change Order.The furnishing of notice by the Owner shall not relieve the Owner of any contractual obligation to provide required insurance. § 11.3 Waivers of Subrogation INTENTIONALLY DELETED (Paragraph deleted) §11.3.2 If during the Project construction period the Owner insures properties,real or personal or both,at or adjacent to the site by property insurance under policies separate from those insuring the Project,or if after final payment property insurance is to be provided on the completed Project through a policy or policies other than those insuring the Project during the construction period,to the extent permissible by such policies,the Owner waives all rights in accordance with the terms of Section 11.3.1 for damages caused by fire or other causes of loss covered by this separate property insurance. § 11.4 Loss of Use, Business Interruption, and Delay in Completion Insurance The Owner,at the Owner's option,may purchase and maintain insurance that will protect the Owner against loss of use of the Owner's property,or the inability to conduct normal operations,due to fire or other causes of loss.The Owner waives all rights of action against the Contractor and Architect for loss of use of the Owner's property,due to fire or other hazards however caused. Init. AIA DocumentA201®-2017.Copyright©1911.1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,"A201,"and"AIA Contract Documents'are 32 registered trademarks and may not be used without permission.This document was produced by AIA software at 18:54:39 ET on 02/11/2021 under Order I No,6620299805 which expires on 09/18/2021,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (114761 Page 315 Item#13. §11.5 Adjustment and Settlement of Insured Loss § 11.5.1 A loss insured under the property insurance required by the Agreement shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds,as their interests may appear,subject to requirements of any applicable mortgagee clause and of Section 11.5.2.The Owner shall pay the Architect and Contractor their just shares of insurance proceeds received by the Owner,and by appropriate agreements the Architect and Contractor shall make payments to their consultants and Subcontractors in similar manner. § 11.5.2 Prior to settlement of an insured loss,the Owner shall notify the Contractor of the terms of the proposed settlement as well as the proposed allocation of the insurance proceeds.The Contractor shall have 14 days from receipt of notice to object to the proposed settlement or allocation of the proceeds. If the Contractor does not object,the Owner shall settle the loss and the Contractor shall be bound by the settlement and allocation.Upon receipt,the Owner shall deposit the insurance proceeds in a separate account and make the appropriate distributions.Thereafter,if no other agreement is made or the Owner does not terminate the Contract for convenience,the Owner and Contractor shall execute a Change Order for reconstruction of the damaged or destroyed Work in the amount allocated for that purpose.If the Contractor timely objects to either the terms of the proposed settlement or the allocation of the proceeds,the Owner may proceed to settle the insured loss,and any dispute between the Owner and Contractor arising out of the settlement or allocation of the proceeds shall be resolved pursuant to Article 15.Pending resolution of any dispute,the Owner may issue a Construction Change Directive for the reconstruction of the damaged or destroyed Work. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK § 12.1 Uncovering of Work § 12.1.1 If a portion of the Work is covered contrary to the Architect's request or to requirements specifically expressed in the Contract Documents,it must,if requested in writing by the Architect,be uncovered for the Architect's examination and be replaced at the Contractor's expense without change in the Contract Time. § 12.1.2 If a portion of the Work has been covered that the Architect has not specifically requested to examine prior to its being covered,the Architect may request to see such Work and it shall be uncovered by the Contractor.If such Work is in accordance with the Contract Documents,the Contractor shall be entitled to an equitable adjustment to the Contract Sum and Contract Time as may be appropriate at the Architect's expense.If such Work is not in accordance with the Contract Documents,the costs of uncovering the Work,and the cost of correction,shall be at the Contractor's expense. § 12.2 Correction of Work § 12.2.1 Before Substantial Completion The Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of the Contract Documents,discovered before Substantial Completion and whether or not fabricated,installed or completed. Costs of correcting such rejected Work,including additional testing and inspections,the cost of uncovering and replacement,and compensation for the Architect's services and expenses made necessary thereby,shall be at the Contractor's expense. § 12.2.2 After Substantial Completion § 12.2.2.1 In addition to the Contractor's obligations under Section 3.5,if,within two years after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Section 9.9.1,or by terms of any applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents,the Contractor shall correct it promptly after receipt of notice from the Owner to do so,unless the Owner has previously given the Contractor a written acceptance of such condition.The Owner shall give such notice promptly after discovery of the condition.During the two-year period for correction of Work,if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the correction,the Owner waives the rights to require correction by the Contractor and to make a claim for breach of warranty.If the Contractor fails to correct nonconforming Work within a reasonable time during that period after receipt of notice from the Owner or Architect,the Owner may correct it in accordance with Section 2.5. § 12.2.2.2 The two-year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work. Init. AIA Document A201®-2017.Copyright©1911,1915.1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The American Institute of Architects,All rights reserved The"American Institute of Architects,""AIA,"the AIA Logo,"A201,"and"AIA Contract Documents"are 33 registered trademarks and may not be used without permission.This document was produced by AIA software at 18:54:39 ET on 02/11/2021 under Order I No.8620299805 which expires on 09/18/2021,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (114761 Page 316 Item#13. § 12.2.2.3 The two-year period for correction of Work shall not be extended by corrective Work performed by the Contractor pursuant to this Section 12.2. § 12.2.3 The Contractor shall remove from the site portions of the Work that are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. § 12.2.4 The Contractor shall bear the cost of correcting destroyed or damaged construction of the Owner or Separate Contractors,whether completed or partially completed,caused by the Contractor's correction or removal of Work that is not in accordance with the requirements of the Contract Documents. § 12.2.5 Nothing contained in this Section 12.2 shall be construed to establish a period of limitation with respect to other obligations the Contractor has under the Contract Documents.Establishment of the two-year period for correction of Work as described in Section 12.2.2 relates only to the specific obligation of the Contractor to correct the Work,and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced,nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work. § 12.3 Acceptance of Nonconforming Work If the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Documents,the Owner may do so instead of requiring its removal and correction,in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. ARTICLE 13 MISCELLANEOUS PROVISIONS § 13.1 Governing Law The Contract shall be governed by the law of the place where the Project is located § 13.2 Successors and Assigns § 13.2.1 The Owner and Contractor respectively bind themselves,their partners,successors,assigns,and legal representatives to covenants,agreements,and obligations contained in the Contract Documents.Except as provided in Section 13.2.2,neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make an assignment without such consent,that party shall nevertheless remain legally responsible for all obligations under the Contract. (Paragraph deleted) § 13.3 Rights and Remedies § 13.3.1 Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be in addition to and not a limitation of duties,obligations,rights,and remedies otherwise imposed or available by law. § 13.3.2 No action or failure to act by the Owner,Architect,or Contractor shall constitute a waiver of a right or duty afforded them under the Contract,nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder,except as may be specifically agreed upon in writing. § 13.4 Tests and Inspections § 13.4.1 Tests,inspections,and approvals of portions of the Work shall be made as required by the Contract Documents and by applicable laws, statutes,ordinances,codes,rules,and regulations or lawful orders of public authorities.Unless otherwise provided,the Contractor shall make arrangements for such tests,inspections,and approvals with an independent testing laboratory or entity acceptable to the Owner,or with the appropriate public authority,and shall bear all related costs of tests,inspections,and approvals.The Contractor shall give the Architect timely notice of when and where tests and inspections are to be made so that the Architect may be present for such procedures.The Owner shall bear costs of tests,inspections,or approvals that do not become requirements until after bids are received or negotiations concluded.The Owner shall directly arrange and pay for tests,inspections,or approvals where building codes or applicable laws or regulations so require. Init. AIA Document A201®-2017-Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976.1987.1997,2007 and 2017 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo, 'A201,"and"AIA Contract Documents"are 34 registered trademarks and may not be used without permission.This document was produced by AIA software at 18:54:39 ET on 02/11/2021 under Order 1 No.8620299805 which expires on 09/18/2021,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyrights@aia,org, User Notes: (114761 Page 317 Item#13. § 13.4.2 If the Architect,Owner,or public authorities having jurisdiction determine that portions of the Work require additional testing,inspection,or approval not included under Section 13.4.1,the Architect will,upon written authorization from the Owner,instruct the Contractor to make arrangements for such additional testing,inspection,or approval,by an entity acceptable to the Owner,and the Contractor shall give timely notice to the Architect of when and where tests and inspections are to be made so that the Architect may be present for such procedures. Such costs, except as provided in Section 13.4.3,shall be at the Owner's expense. § 13.4.3 If procedures for testing,inspection,or approval under Sections 13.4.1 and 13.4.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents,all costs made necessary by such failure,including those of repeated procedures and compensation for the Architect's services and expenses,shall be at the Contractor's expense and Contractor shall reimburse Owner for all related costs of such initial tests and re-tests. § 13.4.4 Required certificates of testing, inspection,or approval shall,unless otherwise required by the Contract Documents,be secured by the Contractor and promptly delivered to the Architect. § 13.4.5 If the Architect is to observe tests,inspections,or approvals required by the Contract Documents,the Architect will do so promptly and,where practicable,at the normal place of testing. § 13.4.6 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. (Paragraphs deleted) ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT § 14.1 Termination by the Contractor § 14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 30 consecutive days through no act or fault of the Contractor,a Subcontractor,a Sub-subcontractor,their agents or employees,or any other persons or entities performing portions of the Work,for any of the following reasons: .1 Issuance of an order of a court or other public authority having jurisdiction that requires all Work to be stopped; .2 An act of government,such as a declaration of national emergency,that requires all Work to be stopped; .3 Because the Architect has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Section 9.4.1,or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents;or .4 The Owner has failed to furnish to the Contractor reasonable evidence as required by Section 2.2. § 14.1.2 The Contractor may terminate the Contract if,through no act or fault of the Contractor,a Subcontractor,a Sub-subcontractor,their agents or employees,or any other persons or entities performing portions of the Work, repeated suspensions,delays,or interruptions of the entire Work by the Owner as described in Section 14.3,constitute in the aggregate more than 100 percent of the total number of days scheduled for completion,or 120 days in any 365-day period,whichever is less. § 14.1.3 If one of the reasons described in Section 14.1.1 or 14.1.2 exists,the Contractor may,upon seven days'notice to the Owner and Architect,terminate the Contract and recover from the Owner payment for Work executed,as well as reasonable overhead and profit on Work not executed,and costs incurred by reason of such termination. § 14.1.4 If the Work is stopped for a period of 60 consecutive days through no act or fault of the Contractor,a Subcontractor,a Sub-subcontractor,or their agents or employees or any other persons or entities performing portions of the Work because the Owner has repeatedly failed to fulfill the Owner's obligations under the Contract Documents with respect to matters important to the progress of the Work,the Contractor may,upon seven additional days'notice to the Owner and the Architect,terminate the Contract and recover from the Owner as provided in Section 14.1.3. § 14.2 Termination by the Owner for Cause § 14.2.1 The Owner may terminate the Contract if the Contractor .1 repeatedly refuses or fails to supply enough properly skilled workers or proper materials; Init. AIA DocumentA20111-2017.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo, 'A201,"and"AIA Contract Documents"are 35 registered trademarks and may not be used without permission.This document was produced by AIA software at 18:54:39 ET on 02/11/2021 under Order I No.8620299805 which expires on 09/18/2021,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (114761 Page 318 Item#13. .2 fails to make payment to Subcontractors or suppliers in accordance with the respective agreements between the Contractor and the Subcontractors or suppliers; .3 repeatedly disregards applicable laws,statutes,ordinances,codes,rules and regulations,or lawful orders of a public authority;or .4 otherwise is guilty of substantial breach of a provision of the Contract Documents. § 14.2.2 When any of the reasons described in Section 14.2.1 exist,and upon certification by the Architect that sufficient cause exists to justify such action,the Owner may,without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety,if any,seven days' notice,terminate employment of the Contractor and may,subject to any prior rights of the surety: .1 Exclude the Contractor from the site and take possession of all materials,equipment,tools,and construction equipment and machinery thereon owned by the Contractor; .2 Accept assignment of subcontracts pursuant to Section 5.4;and .3 Finish the Work by whatever reasonable method the Owner may deem expedient.Upon written request of the Contractor,the Owner shall furnish to the Contractor a detailed accounting of the costs incurred by the Owner in finishing the Work. § 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 14.2.1,the Contractor shall not be entitled to receive further payment until the Work is finished. § 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work,including compensation for the Architect's services and expenses made necessary thereby,and other damages incurred by the Owner and not expressly waived,such excess shall be paid to the Contractor.If such costs and damages exceed the unpaid balance, the Contractor shall pay the difference to the Owner.The amount to be paid to the Contractor or Owner,as the case may be,shall be certified by the Initial Decision Maker,upon application,and this obligation for payment shall survive termination of the Contract. § 14.3 Suspension by the Owner for Convenience § 14.3.1 The Owner may,without cause,order the Contractor in writing to suspend,delay or interrupt the Work,in whole or in part for such period of time as the Owner may determine. § 14.3.2 The Contract Sum and Contract Time shall be adjusted for increases in the cost and time caused by suspension,delay,or interruption under Section 14.3.1.Adjustment of the Contract Sum shall include profit.No adjustment shall be made to the extent .1 that performance is,was,or would have been,so suspended,delayed,or interrupted,by another cause for which the Contractor is responsible;or .2 that an equitable adjustment is made or denied under another provision of the Contract. § 14.4 Termination by the Owner for Convenience § 14.4.1 The Owner may,at any time,terminate the Contract for the Owner's convenience and without cause. § 14.4.2 Upon receipt of notice from the Owner of such termination for the Owner's convenience,the Contractor shall .1 cease operations as directed by the Owner in the notice; .2 take actions necessary,or that the Owner may direct,for the protection and preservation of the Work; and .3 except for Work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders. § 14.4.3 In case of such termination for the Owner's convenience,the Owner shall pay the Contractor for Work properly executed;costs incurred by reason of the termination,including costs attributable to termination of Subcontracts;and the termination fee,if any,set forth in the Agreement. Init. AIA DocumentA201®-2017.Copyright©1911,1915.1918,1925,1937,1951,1958,1961.1963,1966.1970,1976.1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,"A201,"and"AIA Contract Documents"are 36 registered trademarks and may not be used without permission.This document was produced by AIA software at 18:54:39 ET on 02/11/2021 under Order 1 No,8620299805 which expires on 09/18/2021,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract DocumentsO Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (114761 Page 319 Item#13. ARTICLE 15 CLAIMS AND DISPUTES § 15.1 Claims § 15.1.1 Definition A Claim is a written demand or assertion by one of the parties seeking,as a matter of right,payment of money,a change in the Contract Time,or other relief with respect to the terms of the Contract.The term "Claim" also includes other disputes and matters in question between the Owner and Contractor arising out of or relating to the Contract.The responsibility to substantiate Claims shall rest with the party making the Claim.This Section 15.1.1 does not require the Owner to file a Claim in order to impose liquidated damages in accordance with the Contract Documents. § 15.1.2 Time Limits on Claims The Owner and Contractor shall commence all Claims and causes of action against the other and arising out of or related to the Contract,whether in contract,tort,breach of warranty or otherwise,in accordance with the period specified by applicable law. § 15.1.3 Notice of Claims § 15.1.3.1 Claims by either the Owner or Contractor, where the condition giving rise to the Claim is first discovered prior to expiration of the period for correction of the Work set forth in Section 12.2.2,shall be initiated by notice to the other party and to the Initial Decision Maker with a copy sent to the Architect,if the Architect is not serving as the Initial Decision Maker.Claims by either party under this Section 15.1.3.1 shall be initiated within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim,whichever is later. § 15.1.3.2 Claims by either the Owner or Contractor, where the condition giving rise to the Claim is first discovered after expiration of the period for correction of the Work set forth in Section 12.2.2,shall be initiated by notice to the other party.In such event,no decision by the Initial Decision Maker is required. § 15.1.4 Continuing Contract Performance § 15.1.4.1 Pending final resolution of a Claim,except as otherwise agreed in writing or as provided in Section 9.7 and Article 14,the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. § 15.1.4.2 The Contract Sum and Contract Time shall be adjusted in accordance with the Initial Decision Maker's decision,subject to the right of either party to proceed in accordance with this Article 15.The Architect will issue Certificates for Payment in accordance with the decision of the Initial Decision Maker. § 15.1.5 Claims for Additional Cost If the Contractor wishes to make a Claim for an increase in the Contract Sum,notice as provided in Section 15.1.3 shall be given before proceeding to execute the portion of the Work that is the subject of the Claim.Prior notice is not required for Claims relating to an emergency endangering life or property arising under Section 10.4. § 15.1.6 Claims for Additional Time § 15.1.6.1 If the Contractor wishes to make a Claim for an increase in the Contract Time,notice as provided in Section 15.1.3 shall be given.The Contractor's Claim shall include an estimate of cost and of probable effect of delay on progress of the Work.In the case of a continuing delay,only one Claim is necessary. § 15.1.6.2 If adverse weather conditions are the basis for a Claim for additional time,such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time,could not have been reasonably anticipated,and had an adverse effect on the scheduled construction. § 15.1.7 Waiver of Claims for Consequential Damages The Contractor and Owner waive Claims against each other for consequential damages arising out of or relating to this Contract.This mutual waiver includes .1 damages incurred by the Owner for rental expenses,for losses of use,income,profit,financing, business and reputation,and for loss of management or employee productivity or of the services of such persons;and Init. AIA Document A20111-2017.Copyright©1911,1915,1918,1925,1937,1951.1958,1961,1963.1966.1970,1976,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,"A201,"and"AIA Contract Documents"are 37 registered trademarks and may not be used without permission.This document was produced by AIA software at 18:54:39 ET on 02/11/2021 under Order I No.8620299805 which expires on 09/18/2021,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia org. User Notes: (114761 Page 320 Item#13. .2 damages incurred by the Contractor for principal office expenses including the compensation of personnel stationed there,for losses of financing,business and reputation,and for loss of profit,except anticipated profit arising directly from the Work. This mutual waiver is applicable,without limitation,to all consequential damages due to either party's termination in accordance with Article 14.Nothing contained in this Section 15.1.7 shall be deemed to preclude assessment of liquidated damages,when applicable,in accordance with the requirements of the Contract Documents. § 15.2 Initial Decision § 15.2.1 Claims,excluding those where the condition giving rise to the Claim is first discovered after expiration of the period for correction of the Work set forth in Section 12.2.2 or arising under Sections 10.3, 10.4,and 11.5,shall be referred to the Initial Decision Maker for initial decision.The Architect will serve as the Initial Decision Maker,unless otherwise indicated in the Agreement.Except for those Claims excluded by this Section 15.2.1,an initial decision shall be required as a condition precedent to mediation of any Claim.If an initial decision has not been rendered within 30 days after the Claim has been referred to the Initial Decision Maker,the party asserting the Claim may demand mediation and binding dispute resolution without a decision having been rendered.Unless the Initial Decision Maker and all affected parties agree,the Initial Decision Maker will not decide disputes between the Contractor and persons or entities other than the Owner. § 15.2.2 The Initial Decision Maker will review Claims and within ten days of the receipt of a Claim take one or more of the following actions:(1)request additional supporting data from the claimant or a response with supporting data from the other party,(2)reject the Claim in whole or in part,(3)approve the Claim,(4)suggest a compromise,or(5) advise the parties that the Initial Decision Maker is unable to resolve the Claim if the Initial Decision Maker lacks sufficient information to evaluate the merits of the Claim or if the Initial Decision Maker concludes that,in the Initial Decision Maker's sole discretion,it would be inappropriate for the Initial Decision Maker to resolve the Claim. § 15.2.3 In evaluating Claims,the Initial Decision Maker may,but shall not be obligated to,consult with or seek information from either party or from persons with special knowledge or expertise who may assist the Initial Decision Maker in rendering a decision.The Initial Decision Maker may request the Owner to authorize retention of such persons at the Owner's expense. § 15.2.4 If the Initial Decision Maker requests a party to provide a response to a Claim or to furnish additional supporting data,such party shall respond,within ten days after receipt of the request,and shall either(1)provide a response on the requested supporting data,(2)advise the Initial Decision Maker when the response or supporting data will be furnished,or(3)advise the Initial Decision Maker that no supporting data will be furnished.Upon receipt of the response or supporting data,if any,the Initial Decision Maker will either reject or approve the Claim in whole or in part. § 15.2.5 The Initial Decision Maker will render an initial decision approving or rejecting the Claim,or indicating that the Initial Decision Maker is unable to resolve the Claim.This initial decision shall(1)be in writing;(2)state the reasons therefor;and(3)notify the parties and the Architect,if the Architect is not serving as the Initial Decision Maker,of any change in the Contract Sum or Contract Time or both.The initial decision shall be final and binding on the parties but subject to mediation and,if the parties fail to resolve their dispute through mediation,to binding dispute resolution. § 15.2.6 Either party may file for mediation of an initial decision at any time,subject to the terms of Section 15.2.6.1. § 15.2.6.1 Either party may,within 30 days from the date of receipt of an initial decision,demand in writing that the other party file for mediation.If such a demand is made and the party receiving the demand fails to file for mediation within 30 days after receipt thereof,then both parties waive their rights to mediate or pursue binding dispute resolution proceedings with respect to the initial decision. § 15.2.7 In the event of a Claim against the Contractor,the Owner may,but is not obligated to,notify the surety,if any, of the nature and amount of the Claim.If the Claim relates to a possibility of a Contractor's default,the Owner may, but is not obligated to,notify the surety and request the surety's assistance in resolving the controversy. Init. AIA Document A2010-2017.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987.1997,2007 and 2017 by The American Institute of Architects.All rights reserved The"American Institute of Architects,""AIA,"the AIA Logo,"A201,"and"AIA Contract Documents"are 38 registered trademarks and may not be used without permission This document was produced by AIA software at 18:54:39 ET on 02/11/2021 under Order t No.8620299805 which expires on 09/18/2021,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (114761 Page 321 Item#13. § 15.2.8 If a Claim relates to or is the subject of a mechanic's lien,the party asserting such Claim may proceed in accordance with applicable law to comply with the lien notice or filing deadlines. § 15.3 Mediation § 15.3.1 Claims,disputes,or other matters in controversy arising out of or related to the Contract,except those waived as provided for in Sections 9.10.4,9.10.5,and 15.1.7,shall be subject to mediation as a condition precedent to binding dispute resolution. § 15.3.2 The parties shall endeavor to resolve their Claims by mediation which,unless the parties mutually agree otherwise,shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of the Agreement.A request for mediation shall be made in writing, delivered to the other party to the Contract,and filed with the person or entity administering the mediation.The request may be made concurrently with the filing of binding dispute resolution proceedings but,in such event, mediation shall proceed in advance of binding dispute resolution proceedings,which shall be stayed pending mediation for a period of 60 days from the date of filing,unless stayed for a longer period by agreement of the parties or court order.If an arbitration is stayed pursuant to this Section 15.3.2,the parties may nonetheless proceed to the selection of the arbitrator(s)and agree upon a schedule for later proceedings. § 15.3.3 Either party may,within 30 days from the date that mediation has been concluded without resolution of the dispute or 60 days after mediation has been demanded without resolution of the dispute,demand in writing that the other party file for binding dispute resolution. If such a demand is made and the party receiving the demand fails to file for binding dispute resolution within 60 days after receipt thereof,then both parties waive their rights to binding dispute resolution proceedings with respect to the initial decision. § 15.3.4 The parties shall share the mediator's fee and any filing fees equally.The mediation shall be held in the place where the Project is located,unless another location is mutually agreed upon.Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. (Paragraphs deleted) Init. AIA Document A2010-2017.Copyright©1911,1915,1918,1925,1937,1951.1958.1961,1963,1966,1970,1976,1987.1997.2007 and 2017 by The American Institute of Architects All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,"A201,"and"AIA Contract Documents"are 39 registered trademarks and may not be used without permission.This document was produced by AIA software at 18:54:39 ET on 02/11/2021 under Order ! No.8620299805 which expires on 09/18/2021,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service To report copyright violations,e-mail copyright@aia.org. User Notes: (1147618 Page 322 Item#13. Additions and Deletions Report for AIA®Document A2010 -2017 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 18:54:39 ET on 02/11/2021. PAGE 1 Meridian.New Fire Station 7 and 8 Meridian New Police Station 1 and 2 City or Meridian.an idaito Municipal_Corporation 3 E.Broadway Avenue Meridian.Idaho 83642 Rice Fergus Miller 275 [i(Ih 5treet_,_6ti-ile_1_00 Bremenon.WA 98337 - PAGE 12 PAGE 13 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a ten-day period after receipt of notice from the Owner or such shorter time as may be reasonable under the circumstances to commence and continue correction of such default or neglect with diligence and promptness,the Owner may,without prejudice to other remedies the Owner may have,correct such default or neglect.Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Architect and the Architect may,pursuant to Section 9.5.1,withhold or nullify a Certificate for Payment in whole or in part,to the extent reasonably necessary to reimburse the Owner for the reasonable cost of correcting such deficiencies,including Owner's expenses and compensation for the Architect's additional services made necessary by such default,neglect, or failure.If current and future payments are not sufficient to cover such amounts,the Contractor shall pay the difference to the Owner.If the Contractor disagrees with the actions of the Owner or the Architect,or the amounts claimed as costs to the Owner,the Contractor may file a Claim pursuant to Article 15. § 3.2.1 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, beeeafe geneFW13L-'ILfamiliar with local conditions under which the Work is to be performed,and has correlated personal observations with requirements of the Contract Documents. Additions and Deletions Report for AIA DocumentA201®-2017.Copyright©1911,1915,1918,1925.1937,1951,1958,1961,1963,1966,1970,1976,1987, 1997.2007 and 2017 by The American Institute of Architects,All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,"A201,"and"AIA 1 Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 18:54:39 ET on 02/11/2021 under Order No.8620299805 which expires on 09118/2021,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (114761 Page 323 Item#13. § 3.2.2 Because the Contract Documents are complementary,the Contractor shall,before starting each portion of the Work,carefully study and compare the various Contract Documents relative to that portion of the Work,as well as the information furnished by the Owner pursuant to Section 2.3.4,shall take field measurements of any existing conditions related to that portion of the Work,and shall observe any conditions at the site affecting it.These obligations are for the purpose of facilitating coordination and construction by the Contractor and are not for the purpose of discovering errors,omissions,or inconsistencies in the Contract Documents;however,the Contractor shall promptly report to the Architect any errors,inconsistencies or omissions discovered by or made known to the Contractor as a written request for information in such form as the Architect may require. Contractor shall also promptly submit to Architect a written request for information i f Contractor cannot determ_inc or_is_unsure of design intent or design concept as expressed in the Contract Documents.It is recognized that the Contractor's review is made in the Contractor's capacity as a contractor and not as a licensed design professional,unless otherwise specifically provided in the Contract Documents. § 3.2.3 The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes,ordinances,codes,rules and regulations,or lawful orders of public authorities,but the Contractor shall promptly report in writintito the Architect and Owner any nonconformity discovered by or made known to the Contractor as a request for information in such form as the Architect may require. § 3.2.4 If the Contractor believes that additional cost or time is involved because of clarifications or instructions the Architect issues ASI's in response to the Contractor's notices or requests for information pursuant to Sections 3.2.2 or 3.2.3,the Contractor shall submit Claims as provided in Article 15.If the Contractor fails to perform the obligations of Sections 3.2.2 or 3.2.3,the Contractor shall pay such costs and damages to the Owner,subject to Section 15.1.7,as would have been avoided if the Contractor had performed such obligations.If the Contractor performs those obligations,the Contractor shall not be liable to the Owner or Architect for damages resulting from errors, inconsistencies or omissions in the Contract Documents,for differences between field measurements or conditions and the Contract Documents,or for nonconformities of the Contract Documents to applicable laws,statutes, ordinances,codes,rules and regulations,and lawful orders of public authorities{discrepancies]if Contractor has notified Architect of said discrepancies. PAGE 15 If the Contractor encounters conditions at the site that are(1)subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Contract Documents or(2)unknown physical conditions of an unusual nature that differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents,the Contractor shall promptly provide written notice to the Owner and the Architect before conditions are disturbed and in no event later than 14 days after first observance of the conditions.The Architect will promptly investigate such conditions and,if the Architect determines that they differ materially and cause an increase or decrease in the Contractor's cost of,or time required for,performance of any part of the Work,will recommend that an equitable adjustment be made in the Contract Sum or Contract Time,or both.If the Architect determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified,the Architect shall promptly notify the Owner and Contractor,stating the reasons.If either party disputes the Architect's determination or recommendation,that party may submit a Claim as provided in Article 15. PAGE 16 § 3.9.1 The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site during performance of the Work.The superintendent shall represent the Contractor,and written communications given to the superintendent shall be as binding as if given to the Contractor. The Proiect Manager shall be nronosed by Con st rue Iinn Manaeer and anaroved by Owner in the same manner as set fort It in sect!on_3.9 of_ the A201-2017•however nothine herein shall require the Proiect Manager to be stationed at or in attendance at the Proiect site during the day-to-day performance ot'_t_he Work. § 3.9.2 The Contractor,as soon as practicable after award of the Contract,shall notify the Owner and Architect of the name and qualifications of a proposed supeiiiinteadent.superintendent if not already identified in the C ntract Documents.Within 14 days of receipt of the information,the Architect may notify the Contractor,stating whether the Owner or the Architect(1)has reasonable objection to the proposed superintendent or(2)requires additional time for Additions and Deletions ReportforAIA DocumentA201®-2017.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987, 1997,2007 and 2017 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,"A201,"and"AIA 2 Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 18:54:39 ET on 02/11/2021 under Order No.8620299805 which expires on 09/18/2021,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (114761 Page 324 Item#13. review.Failure of the Architect to provide notice within the 14-day period shall constitute notice of no reasonable objection. PAGE 19 § 4.2.2 The Architect will visit the site at intervals appropriate to the stage of construction,or as otherwise agreed with the Owner,to become generally familiar with the progress and quality of the portion of the Work completed,and to determine in general if the Work observed is being performed in a manner indicating that the Work,when fully completed,will be in accordance with the Contract Documents.1 iewsyeF the "~e-"i'er� _-i" not be requiFed 18•! The Architect will not have control over,charge of,or responsibility for the construction means,methods,techniques,sequences or procedures,or for the safety precautions and programs in connection with the Work,since these are solely the Contractor's rights and responsibilities under the Contract Documents. PAGE 21 By appropriate written agreement,the Contractor shall require each Subcontractor,to the extent of the Work to be performed by the Subcontractor,to be bound to the Contractor by terms of the Contract Documents,and to assume toward the Contractor all the obligations and responsibilities,including the responsibility for safety of the Subcontractor's Work that the Contractor,by these Contract Documents,assumes toward the Owner and Architect. Contractor shall Mq wire that Subcontractor shall prom 12tiv report to Contractor any errors inconsistencies or omissions in the Contract Documents discovered or made known or should have known to S u hcont racto r with res ect to the Work to be perforltled by the Subcontractor. Contractor shall also require Subcontractor to promptly report to Contractor if Subcontractor cannot determine or is unsure of the design intent or design concept as ex ressed in the Contract Documents with respect to the Work to be performed.by the Subcontractor. Each subcontract agreement shall preserve and protect the rights of the Owner and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights,and shall allow to the Subcontractor,unless specifically provided otherwise in the subcontract agreement,the benefit of all rights,remedies,and redress against the Contractor that the Contractor,by the Contract Documents,has against the Owner.Where appropriate,the Contractor shall require each Subcontractor to enter into similar agreements with Sub-subcontractors.The Contractor shall make available to each proposed Subcontractor,prior to the execution of the subcontract agreement,copies of the Contract Documents to which the Subcontractor will be bound,and,upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement that may be at variance with the Contract Documents. Subcontractors will similarly make copies of applicable portions of such documents available to their respective proposed Sub-subcontractors. PAGE 22 § 6.1.1 The term "Separate Contractor(s)" shall mean other contractors retained by the Owner under separate agreements.The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces,and with Separate Contractors retained under Conditions of the Contract substantially similar to those of this Contract,including those provisions of the Conditions of the Contract related to ineumnoo. man:insurance.. PAGE 23 § 7.3.4 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the Owner and the.Architect shall determine the adjustment on the basis of reasonable expenditures and savings of those performing the Work attributable to the change,including,in case of an increase in the Contract Sum,an amount for overhead and profit as set forth in the Agreement,or if no such amount is set forth in the Agreement,a reasonable amount.In such case,and also under Section 7.3.3.3,the Contractor shall keep and present,in such form as the Architect may prescribe,an itemized accounting together with appropriate supporting data.Unless otherwise provided in the Contract Documents,costs for the purposes of this Section 7.3.4 shall be limited to the following: PAGE 25 § 8.3.1 If the Contractor is delayed at any time in the commencement or progress of the Work by(1)an act or neglect of the Owner or Architect,of an employee of either,or of a Separate C'... Fae4w;Contractor of O.vner or Architect:(2) by changes ordered in the Work;(3)by labor disputes,fire, unusual delay in deliveries,unavoidable casualties, adverse weather conditions documented in accordance with Section 15.1.6.2,or other causes beyond the Contractor's control;(4)by delay authorized by the Owner pending mediation and binding dispute resolution;or(5)by other causes Additions and Deletions Report for AIA DocumentA2010 2017,Copyright©1911.1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987, 1997.2007 and 2017 by The American Institute of Architects All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,"A201,"and"AIA 3 Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 18:54:39 ET on 02/11/2021 under Order No.8620299805 which expires on 09/18/2021,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (114761 Page 325 Item#13. that the Contractor asserts,and the Architect determines,justify delay,then the Contract Time shall be extended for such reasonable time as the Architect may determine. § 9.3.1 At least feirthirty days before the date established for each progress payment,the Contractor shall submit to the Architect an itemized Application for Payment prepared in accordance with the schedule of values,if required under Section 9.2,for completed portions of the Work.The application shall be notarized,if required,and supported by all data substantiating the Contractor's right to payment that the Owner or Architect require,such as copies of requisitions,and releases and waivers of liens from Subcontractors and suppliers,and shall reflect retainage if provided for in the Contract Documents. PAGE 26 § 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner,based on the Architect's evaluation of the Work to date and the data in the Application for Payment,that,to the best of the Architect's knowledge,information,and belief,the Work has progressed to the point indicated,the quality of the Work is in accordance with the Contract Documents,and that the Contractor is entitled to payment in the amount certified.The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon ,0 results of subsequent tests and inspections,to correction of minor deviations from the Contract Documents prior to completion,and to specific qualifications expressed by the Architect. However,the issuance of a Certificate for Payment will not be a representation that the Architect has 1 made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. PAGE 27 § 9.6.1 After the Architect has issued a Certificate for Payment,the Owner shall make payment in the manner and within the time provided in the Contract r,.....,..,..ei+t.,and shall so Wry 4he A.126hitert Documents. PAGE 29 § 9.10.1 Upon receipt of the Contractor's notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment,the Architect will promptly make such inspection.When the Owner and Architect finds the Work acceptable under the Contract Documents and the Contract fully performed,the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect's knowledge,information and belief,and on the basis of the Architect's on-site visits and inspections,the Work has been completed in accordance with the Contract Documents and that the entire balance found to be due the Contractor and noted in the final Certificate is due and payable.The Architect's final Certificate for Payment will constitute a further representation that conditions listed in Section 9.10.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. § 9.10.2 Neither final payment nor any +vim�iaihiiat retained percentage shall become due until the Contractor submits to the Architect and Owner(1)an affidavit that payrolls,bills for materials and equipment,and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered(less amounts withheld by Owner)have been paid or otherwise satisfied,(2)a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect,(3)a written statement that the Contractor knows of no reason that the insurance will not be renewable to cover the period required by the Contract Documents,(4)consent of surety,if any,to final payment,(5)documentation of any special warranties,such as manufacturers'warranties or specific Subcontractor warranties,and(6)if required by the Owner,other data establishing payment or satisfaction of obligations,such as receipts and releases and waivers of liens,claims,security interests,or encumbrances arising out of the Contract,to the extent and in such form as may be designated by the Owner.If a Subcontractor refuses to furnish a release or waiver required by the Owner,the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien,claim,security interest,or encumbrance.If a lien,claim,security interest,or encumbrance remains unsatisfied after payments are made,the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging the lien,claim,security interest,or encumbrance,including all costs and reasonable attorneys' fees. Additions and Deletions ReportforAIA DocumentA201®-2017.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987, 1997,2007 and 2017 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,"A201,"and"AIA 4 Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 18:54:39 ET on 02/11/2021 under Order No.8620299805 which expires on 09/18/2021,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (1147618 Page 326 Item#13. PAGE 32 INTENTIONALLY DELETED re OR age !he ekizent these losses afe eoveNd by ed by;he Claims PUFFS-Raw.0 shir PAGE 33 § 12.1.2 If a portion of the Work has been covered that the Architect has not specifically requested to examine prior to its being covered,the Architect may request to see such Work and it shall be uncovered by the Contractor.If such Work is in accordance with the Contract Documents,the Contractor shall be entitled to an equitable adjustment to the Contract Sum and Contract Time as may be mate-apprapriale at the Architect's expense.If such Work is not in accordance with the Contract Documents,the costs of uncovering the Work,and the cost of correction,shall be at the Contractor's expense. § 12.2.2.1 In addition to the Contractor's obligations under Section 3.5,if,within ane ear-11mg years after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Section 9.9.1,or by terms of any applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents,the Contractor shall correct it promptly after receipt of notice from the Owner to do so,unless the Owner has previously given the Contractor a written acceptance of such condition.The Owner shall give such notice promptly after discovery of the condition.During the one year-twn-year period for correction of Work,if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the correction,the Owner waives the rights to require correction by the Contractor and to make a claim for breach of warranty.If the Contractor fails to correct nonconforming Work within a reasonable time during that period after receipt of notice from the Owner or Architect,the Owner may correct it in accordance with Section 2.5. § 12.2.2.2 The ens ye H4hVa-]text period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work. § 12.2.2.3 The ene year-tr o-yearperiod for correction of Work shall not be extended by corrective Work performed by the Contractor pursuant to this Section 12.2. PAGE 34 § 12.2.5 Nothing contained in this Section 12.2 shall be construed to establish a period of limitation with respect to other obligations the Contractor has under the Contract Documents.Establishment of the eRe-}year-twg year period for correction of Work as described in Section 12.2.2 relates only to the specific obligation of the Contractor to correct the Work,and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced,nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work. Additions and Deletions ReportforAIA DocumentA201®-2017 CopyrightO 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966.1970,1976,1987, 1997.2007 and 2017 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,"A201,"and"AIA 5 Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 18:54:39 ET on 02/11/2021 under Order No.8620299805 which expires on 09/18/2021,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (114761 Page 327 Item#13. The Contract shall be governed by the law of the place where the Project is l--~med -c-hiding l a!iNf'"ietionIs efbi!Fatiolll n..i sheltergavern Seel: 1 c d.located PAGE 35 § 13.4.3 If procedures for testing,inspection,or approval under Sections 13.4.1 and 13.4.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents,all costs made necessary by such failure,including those of repeated procedures and compensation for the Architect's services and expenses,shall be at the Contractor's e>epeex cnse and Contractor shall reimburse Owner for all Related costs of such initial tests and re-tests. R 44QS—r3.6 lncffvvt PAGE 37 A Claim is a written demand or assertion by one of the parties seeking,as a matter of right,payment of money,a change in the Contract Time,or other relief with respect to the terms of the Contract.The term "Claim" also includes other disputes and matters in question between the Owner and Contractor arising out of or relating to the Contract.The responsibility to substantiate Claims shall rest with the party making the Claim.This Section 15.1.1 does not require the Owner to file a Claim in order to impose liquidated damages in accordance with the Contract Documents. The Owner and Contractor shall commence all Claims and causes of action against the other and arising out of or related to the Contract,whether in contract,tort,breach of warranty or otherwise,in accordance with the Fequipemen! Cn Ilad specified by applicable law. PAGE 39 R Air ten r glint a notice ef demand I;aF ai;bikFatien mus, asser, in-she demend all Claiffir,theill'MeWR tO 11181 PaFl["-)R-� ..,bitfaiia i »,:iliac lia be,ao.....o.,ded, med-OR-sion,but in no evens shall F1 he Fmad, Aei-the daie when the in-iii-ition ofletal eF equiiable proeeedings based on Additions and Deletions ReportforAIA DocumentA20111-2017.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987, 1997,2007 and 2017 by The American Institute of Architects,All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,"A201,"and"AIA 6 Contract Documents'are regrslered trademarks and may not be used without permission.This document was produced by AIA soflware at 18:54:39 ET on 02/11/2021 under Order No.8620299805whi[:h expires on 09/18/2021,is not for resale,is licensed for one-lime use only,and may oniy be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (114761 Page 328 Item#13. legal of e4kokaWe pl-oueedings based an the Claim. asepa;Janee ,ft,applicable 111,,, ll ,- 1. .,;r .; a;rtf,....,t,.......AI, jupisa;..f;, fi,a..eeP .nit.x,.w e dHIPnt r,.taaa,_,faa.t• —AIMMn C w cx rlc•eti Rg.a rl�;frnfaxrl•_L • SNa yaxa ucxaa�.x�. .,d Cont rrartler.a Hitae Jla_ia!—Sg •.1 Additions and Deletions ReportforAIA DocumentA2010-2017.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987, 1997,2007 and 2017 by The American Institute of Architects.All rights reserved,The"American Institute of Architects,""AIA,"the AIA Logo,"A201,"and"AIA 7 Contract Documents"are registered trademarks and may not be used without permission This document was produced by AIA software at 18:54:39 ET on 02/11/2021 under Order No.8620299805 which expires on 09/18/2021,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documentss Terms of Service.To report copyright violations,e-mail copyright@aia.org User Notes: (114761 Page 329 Item#13. Certification of Documents Authenticity AIA®Document D401 - -2003 I, ,hereby certify,to the best of my knowledge,information and belief,that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 18:54:39 ET on 02/11/2021 under Order No. 8620299805 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA®Document A201TM—2017,General Conditions of the Contract for Construction,as published by the AIA in its software,other than those additions and deletions shown in the associated Additions and Deletions Report. (Signed) (Title) (Dated) AIA Document D401- -2oo3.Copyright©1992 and 2003 by The American Institute of Architects.All rights reserved.The"American Institute of Architects," "AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 18:54:39 ET on 02/11/2021 under Order No 8620299805 which expires on 09/18/2021,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia,org. User Notes: (114761 Page 330 Item#13. DIVISION 100 GENERAL CONDITIONS GENERAL CONDITIONS The Division 100 General Conditions apply where the City of Meridian has an agreement or a contract with a contractor to perform construction-related activities. These general conditions and the general requirements (contained in the agreement or contract) govern all work to be completed in the contract documents. These general conditions do not apply to contractors working for or under contract with an owner or agency other than the City of Meridian. ARTICLE 1 -DEFINITIONS AND TERMINOLOGY 1.01 DEFINED TERMS A.3. Application for Payment: The form acceptable to Engineer/Owner which is to be used by the Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. A.52. Final Acceptance: The owner's acceptance of a project upon certification by the Design Engineer that it is complete and in accordance with the contract requirements; Final Acceptance is confirmed by receipt of a Letter of Final Acceptance from the Owner. A.53 Partial Final Acceptance: When a specified part of the work has progressed to the point where, in the opinion of the Engineer, that portion of the work is fully complete and ready for its intended use, the Engineer, or his designated representative, may issue a Partial Final Acceptance for that portion of the work that is fully complete. ARTICLE 2 -PRELIMINARY MATTERS 2.01 DELIVERY OF BONDS AND EVIDENCE OF INSURANCE A. Evidence of Insurance: Prior to execution of the contract and before any Work at the Site is started, Contractor and Owner shall each deliver to the other, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which Contractor and Owner respectively are required to purchase and maintain in accordance with Article 5. B. Contractor shall furnish Evidence of Insurance (as described above) and Bond to Owner within 14 days after the Notice of Award. If said Bond and Evidence of Insurance are not provided to Owner within 14 days, Owner may rescind Notice of Award. Page 1 of 5 GENERAL CONDITIONS Page 331 Item#13. DIVISION 100 GENERAL CONDITIONS 2.02 COPIES OF DOCUMENTS A. Owner shall furnish to Contractor up to three (3) printed or hard copies of the Drawings and Project Manual. Additional copies will be furnished upon request at the cost of reproduction. 2.03 COMMENCEMENT OF CONTRACT TIMES;NOTICE TO PROCEED A. The Contract Times will commence to run on the day indicated in the Notice to Proceed. 2.04 STARTING THE WORK A. Contractor shall start to perform the Work on the day indicated in the Notice to Proceed. No work shall be done at the Site prior to the date indicated in the Notice to Proceed. 2.05 BEFORE STARTING CONSTRUCTION A. Preliminary Schedules: Within 10 days after Notice to Proceed Date, Contractor shall submit to Engineer for timely review: ARTICLE 5- BONDS AND INSURANCE 5.01 PERFORMANCE, PAYMENT, AND OTHER BONDS A. Contractor shall furnish performance and payment bonds, each in an amount of 100% of the Contract Price as security for the faithful performance and payment of all of Contractor's obligations under the Contract Documents. These bonds shall remain in effect until two (2) years after the date when final acceptance is issued by the City of Meridian or until completion of the correction period specified in Paragraph 13.07, whichever is later, except as provided otherwise by Laws or Regulations or by the Contract Documents. Contractor shall also furnish such other bonds as are required by the Contract Documents. 5.02 LICENSED SURETIES AND INSURERS A. All bonds and insurance required by the Contract Documents to be purchased and maintained by Owner or Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. Surety and insurance companies from which the bonds and insurance for this Project are purchased shall have a Best's rating of no less than A-, in addition to the other requirements specified herein. Page 2 of 5 GENERAL CONDITIONS Page 332 Item#13. DIVISION 100 GENERAL CONDITIONS ARTICLE 6- CONTRACTOR'S RESPONSIBILITIES 6.19 CONTRACTOR'S GENERAL WARRANTY AND GUARANTEE A. The CONTRACTOR warrants and guarantees that all work performed shall be free from all defects due to faulty materials and/or workmanship for a period of two(2)-years from the date of the City of Meridian final acceptance letter. ARTICLE 13 -TESTS AND INSPECTIONS: CORRECTION,REMOVAL, OR ACCEPTANCE OF DEFECTIVE WORK 13.03 TESTS AND INSPECTIONS G. The Contractor is responsible for materials and workmanship to be in accordance with the ISPWC, these Supplemental Specifications and Drawings and the approved construction plans whether or not City personnel are on-site to verify same. H. The Contractor shall not perform work outside of the standard workday, Monday through Friday, legal holidays excepted, 8:00 A.M. to 5:00 P.M. unless written arrangements are made with the assigned Public Works Inspector. Inspections required outside of the standard workday shall be scheduled with the assigned Public Works Inspector a minimum of seventy-two (72)hours in advance, and the Contractor shall pay a fee of one-and one-half(1-1/2) times the inspector's wage, including benefits, and City vehicle costs. 13.07 CORRECTION PERIOD A. If within two (2) years after the date of Final Acceptance (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents) or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by Owner or permitted by Laws and Regulations as contemplated in Paragraph 6.1 LA is found to be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by Owner, remove it from the Project and replace it with Work that is not defective, and satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. Page 3 of 5 GENERAL CONDITIONS Page 333 Item#13. DIVISION 100 GENERAL CONDITIONS C. In special circumstances where a particular item of equipment is placed in continuous service before Final Acceptance of all the Work, the correction period for that item may start to run from an earlier date if so provided in a partial final acceptance letter. D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to such Work May be extended (upon written agreement) for an additional period of two (2) years after such correction or removal and replacement has been satisfactorily completed. ARTICLE 14 -PAYMENTS TO CONTRACTOR AND COMPLETION 14.02 PROGRESS PAYMENTS C. Payment Becomes Due: I. Thirty days after presentation of the Application for Payment to Owner with Engineer's recommendation, the amount recommended will (subject to the provisions of Paragraph 14.02.D)become due, and when due will be paid by Owner to Contractor. 14.04 SUBSTANTIAL COMPLETION B. Promptly after Contractor's notification, Owner/Engineer and Contractor shall make an inspection of the Work to determine the status of completion. If Owner/Engineer does not consider the Work substantially complete, Owner/Engineer will notify Contractor in writing giving the reasons therefor. C. If Owner/Engineer considers the Work substantially complete, Owner/Engineer will execute and deliver to Contractor a definitive certificate of Substantial Completion(with a revised tentative list of items to be completed or corrected). D. At the time of delivery of the certificate of Substantial Completion, Owner/Engineer will agree in writing as to division of responsibilities pending final payment between Owner and Contractor with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. E. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to remove their property and complete or correct items on the tentative list. Page 4 of 5 GENERAL CONDITIONS Page 334 Item#13. DIVISION 100 GENERAL CONDITIONS 14.05 PARTIAL UTILIZATION A. Prior to Final Acceptance of all the Work, Owner may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which Owner, Engineer, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without significant interference with Contractor's performance of the remainder of the Work, subject to the following conditions: ■• END OF SECTION ■• Page 5 of 5 GENERAL CONDITIONS Page 335 Item#18. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: City Benefit Recommendation — Updated Vacation Rollover Page 381 Item#18. C� fIEN DL4,,A H �. MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Human Resources Meeting Date: February 23, 2021 Presenter: Crystal Ritchie, Todd Lavoie Estimated Time: 5 Minutes Topic: City Benefit Recommendation - Updated Vacation Rollover Recommended Council Action: Consideration and approval of an updated Vacation Rollover Benefit recommendation from the Compensation Committee for FY21. Background: The purpose and scope of the Compensation Committee is to review the City's Total Compensation offerings. As a result of the Committees' review for FY21 we are seeking approval of an updated Vacation Rollover benefit to become effective March 2 02 1. Page 382 Compensation Committee FY21 Benefit Recommendation Overview # Program Current State Proposed 1. Vacation Rollover Program Eligible Employees: Eligible Employees: Regular Full Time General Employees All regular full-time employees who have been Regular Full Time Fire Union Employees employed with the City for at least 24 months. Fire Union: Governed by the Collective Labor Agreement. Allowable Rollover Conversations: Allowable Rollover Conversations: General Employees: Up to 40 hours Eligible employees may convert any amount of Fire Union Employees: Up to 50 hours accrued vacation leave balance of at least 50%of their maximum possible vacation balance as of March 31. All eligible employees must maintain a minimum vacation balance of at least 50%of the maximum allowable vacation balance to participate in the Vacation Leave Accrual Rollover Program. Allowable Redemption Methods: Allowable Redemption Methods: Conversions conducted at a 1:1 ratio. Conversions will be conducted at a 1:1 ratio. Conversion invested into PERSI Choice 401k Conversions will be invested into either (employees are limited to one selection): • PERSI Choice 401k • 457 State Pre-Tax Retirement Plan All vacation rollover conversions will not be eligible for the Retirement Match Program. Prepared by: Crystal Ritchie, Human Resources 02-2020 Prepared by: Crystal Ritchie, Human Resources 02-2020 Agenda Item #19 Finance Department Quarterly Update-Fiscal Year 2020 Audit Results and Performance Finance Quarterly February 2021 Update City of Meridian QuestionsNext Quarterly UpdateImpact Fee Fund ResultsChange to Fund BalancesPresent FY2020 Financials Agenda City of MeridianRevenue-FY2020 Financials City of MeridianExpenses-FY2020 Financials City of MeridianExpenses-FY2020 Financials City of MeridianExpenses-FY2020 Financials City of MeridianFund Summary–FY2020 Financials City of Meridian$5,111,928 General Fund($1,114)Grants Fund($41,153)FundPublic Safety $167,777 FundImprovement Capital 3,464,073$DevelopmentCommunity $4,415,299 FundImpact Fee $13,116,810 BalanceChange to Fund General Fund FY2020 Change to Fund Balance City of MeridianRevenue-FY2020 Financials City of MeridianExpenses-FY2020 Financials City of MeridianExpenses-FY2020 Financials City of MeridianExpenses-FY2020 Financials City of MeridianFund Summary–FY2020 Financials City of Meridian$5,796,037CapitalWastewater $4,752,526OperationsWastewater $4,661,316CapitalWater ($177,978)OperationsWater $15,031,903 Balance Change to Fund FundEnterprise FY2020 Change to Fund Balance City of MeridianRevenue-FY2020 Financials City of MeridianExpenses-FY2020 Financials City of MeridianExpenses-FY2020 Financials City of MeridianExpenses-FY2020 Financials City of MeridianFund Summary–FY2020 Financials City of Meridian$317,889DepartmentPolice $4,378,964DepartmentParks (281,554)DepartmentFire $4,415,299 Fund Balance Change to FundImpact Fee FY2020 Change to Fund Balance City of Meridian ResultsFinancial Actual FY2020 Presented BalancesFund Changes to Presented Fund ResultsImpact Fee Presented Recap City of Meridian InformationContract InformationContract UsageWater UsageWater Sales Permit Sales Permit Per UtilityIncome / Per Median Per Capita / Per UtilityIncome / Per Median Per Capita / AccountUtility Count / / Employee Population AccountUtility Count / / Employee Population demographics and statisticsInformation will focus on Next Quarterly Update (May) City of MeridianQuestions City of Meridian$542,144 CenterTraining Safety Public $937,685 ExpansionPD Station $500,000 Precinct NW Police Dept.$1,038,000 StationsFire $1,103,669 VehiclesFire Fire Dept.$399,270 ParkDiscovery Dept.Parks Impact Fee FY21 Budget Agenda Item #20 Executive Session: Per Idaho Code 74-206(1)(b): To consider the evaluation,dismissal or disciplining of or to hear complaints or charges brought against a public officer,employee, staff member or individual agent and 74-206(1)(d)To consider records that are exempt from disclosure as provided in Chapter 1,Title 74,Idaho Code In to Session: 5:28 pm Out of Session: 5:51 pm