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2021-06-29 Special Meeting and Budget Workshop
CITY COUNCIL SPECIAL MEETING AND BUDGET WORKSHOP City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, June 29, 2021 at 8:30 AM Minutes ROLL CALL ATTENDANCE PRESENT Councilwoman Liz Strader Councilman Joe Borton Councilman Brad Hoaglun Councilman Treg Bernt Councilwoman Jessica Perreault Councilman Luke Cavener Mayor Robert E. Simison ADOPTION OF AGENDA Adopted CONSENT AGENDA \[Action Item\] Approved Motion to approve made by Councilman Bernt, Seconded by Councilman Hoaglun. Voting Yea: Councilwoman Strader, Councilman Borton, Councilman Hoaglun, Councilman Bernt, Councilwoman Perreault, Councilman Cavener 1. Delano Subdivision No. 1 Emergency Access Easement 2. Edington Place Pedestrian Pathway Easement 3. New Commercial Building for Eckhardt Companies, Inc. Water Main Easement No. 1 4. Shelburne East No. 3 Pedestrian Pathway Easement No. 1 5. Shelburne South No. 1 Pedestrian Pathway Easement No. 1 6. Shelburne South No. 2 Pedestrian Pathway Easement No. 1 7. Final Order for Midgrove Plaza (FP-2021-0033) by Rodney Evans + Partners, PLLC, Located at 1450 E. Franklin Rd. 8. Revised Findings of Fact, Conclusions of Law for Gramercy Commons (H-2021- 0022) by Intermountain Pacific, LLC, Located at 1873, 1925, and 2069 S. Wells Ave. 9. City of Meridian Financial Report - May 2021 ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\] DEPARTMENT / COMMISSION REPORTS \[Action Item\] 10. Fire Department: Fiscal Year 2021 Budget Amendment in the Amount of $10,000.00 for Public Education Approved Motion to approve made by Councilwoman Strader, Seconded by Councilman Hoaglun. Voting Yea: Councilwoman Strader, Councilman Borton, Councilman Hoaglun, Councilman Bernt, Councilwoman Perreault, Councilman Cavener 11. Police Department: Fiscal Year 2021 Budget Amendment in the Amount of $27,405.00 for Traffic Team Motorcycle Replacement Approved Motion to approve made by Councilman Cavener, Seconded by Councilwoman Perreault. Voting Yea: Councilwoman Strader, Councilman Borton, Councilman Hoaglun, Councilman Bernt, Councilwoman Perreault, Councilman Cavener 12. Parks and Recreation Department: Fiscal Year 2021 Budget Amendment in the Amount of $13,360.00 for Homecourt Staffing Approved Motion to approve made by Councilwoman Perreault, Seconded by Councilman Hoaglun. Voting Yea: Councilwoman Strader, Councilman Borton, Councilman Hoaglun, Councilman Bernt, Councilwoman Perreault, Councilman Cavener 13. Mayor's Office: Fiscal Year 2021 Budget Amendment in the Amount of $7000.00 for the Treasure Valley Youth Safety Summit Approved Motion to approve made by Councilman Bernt, Seconded by Councilman Hoaglun. Voting Yea: Councilwoman Strader, Councilman Borton, Councilman Hoaglun, Councilman Bernt, Councilwoman Perreault, Councilman Cavener 14. City of Meridian Fiscal Year 2022 Budget Presentation and Discussion ACTION ITEMS 15. AIA B133 Agreement with Rice Fergus Miller, Inc. for the Final Design and Construction Administration for the Northwest Fire Station in the Not-To-Exceed Amount of $405,925.00 Approved Motion to approve made by Councilwoman Strader, Seconded by Councilman Hoaglun. Voting Yea: Councilwoman Strader, Councilman Hoaglun, Councilwoman Perreault, Councilman Cavener Voting Nay: Councilman Borton, Councilman Bernt 16. AIA B133 Agreement with Rice Fergus Miller, Inc. for the Final Design and Construction Administration for the Northwest Police Substation/Precinct in the Not-To-Exceed Amount of $423,975.00 Approved Motion to approve made by Councilwoman Strader, Seconded by Councilman Hoaglun. Voting Yea: Councilwoman Strader, Councilman Borton, Councilman Hoaglun, Councilman Bernt, Councilwoman Perreault, Councilman Cavener 17. AIA B133 Agreement with Rice Fergus Miller for the Final Design and Construction Administration for the South Fire Station in the Not-To-Exceed Amount of $528,971.00 Approved Motion to approve made by Councilwoman Strader, Seconded by Councilwoman Perreault. Voting Yea: Councilwoman Strader, Councilman Borton, Councilman Hoaglun, Councilman Bernt, Councilwoman Perreault, Councilman Cavener 18. AIA B133 Agreement with Rice Fergus Miller, Inc. for the Final Design and Construction Administration for the South Police Substation/Precinct in the Not- To-Exceed Amount of $505,076.00 Approved Motion to approve made by Councilwoman Strader, Seconded by Councilman Hoaglun. Voting Yea: Councilwoman Strader, Councilman Borton, Councilman Hoaglun, Councilwoman Perreault, Councilman Cavener Voting Nay: Councilman Bernt EXECUTIVE SESSION Motion to enter executive session made by Councilman Bernt, Seconded by Councilman Hoaglun. Voting Yea: Councilwoman Strader, Councilman Borton, Councilman Hoaglun, Councilman Bernt, Councilwoman Perreault, Councilman Cavener In to session: 3:12 pm Out of session: 5:22 pm 19. Per Idaho Code 74-206(1)(a) To consider hiring a public officer, employee, staff member or individual agent, wherein the respective qualities of individuals are to be evaluated in order to fill a particular vacancy or need. 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, or public school student. ADJOURNMENT 5:22 pm Item#2. Meridian City Council Special Meeting June 29, 2021. A Meeting of the Meridian City Council was called to order at 6:04 p.m., Tuesday, June 29, 2021, by Mayor Robert Simison. Members Present: Robert Simison, Joe Borton, Luke Cavener, Treg Bernt, Jessica Perreault, Liz Strader and Brad Hoaglun. Also present: Chris Johnson, Ted Baird, Bill Parsons,Alan Tiefenbach, Clint Dolsby, Tracy Basterrechea, 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 meeting to order. For the record it is Tuesday, June 29th, at -- oh, it looks like 6:04 p.m. We will begin tonight's City Council special meeting with roll call attendance. PLEDGE OF ALLEGIANCE Simison: Next item is the Pledge of Allegiance. If you would all rise and, please, join us in the pledge. (Pledge of Allegiance recited.) ADOPTION OF AGENDA Simison: Next up is the adoption of the agenda. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we adopt the agenda as published. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Second the motion. Page 28 Meridian City Council Special Meeting Item#2. June 29.2021 Page 2 of Simison: I have a motion and a second to adopt the agenda as published. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay. The ayes have it. Motion is agreed to and the agenda is adopted. MOTION CARRIED: ALLAYES. ACTION ITEMS 1. Public Hearing Continued from May 26, 2021 for Skybreak Neighborhood (H-2020-0127) by Laren Bailey of Conger Group, Located at 3487 E. Adler Hoff Ln. and 7020 S. Eagle Rd. A. Request: Annexation of 80.46 acres of land with R-8 and R- 15 zoning districts. B. Request: A Preliminary Plat consisting of 329 building lots, 40 common lots and 14 other lots (i.e. 12 common driveway lots, 1 private street lot and 1 lot for the existing home) on 79.69 acres of land in the R-8 and R-15 zoning districts. Simison: First item up is an action item, which is a public hearing continued from May 26, 2021, for Sky Break Neighborhood, H-2021-0127. Alan, are -- do you have any information that you would like to provide at this time? Tiefenbach: Yes, sir. I have a presentation of the updated information. Simison: Excellent. Well, then, Alan, we will turn the time over to you. Tiefenbach: Thank you, Mr. Mayor, Members of the Council. Good evening. Hopefully everybody is staying cool. It's actually 106 degrees outside and I don't even understand what that means. At the May 26, 2021, meeting the City Council directed the applicant to revise the plans to address three particular elements and this was a proposal originally for 329 residential lots, including private -- private streets and I will talk about that in a second. The first element was to provide sidewalks on at least one side of all the streets. To provide a better transition between the southern perimeter of the subdivision and the Vantage Point Subdivision to the south. Their recommendation was to do this by extending the larger lots at the southeast corner of phase seven along the west. The third --the third direction was to relocate some of the open space at the south to a more central location. So, I'm going to sort of run through real quickly and show you what the changes are. First one, provide sidewalks on at least one side of the street. This is the new proposal and what you are seeing that is different here is that these streets here initially were private streets. I know it's a little tough to see, that's why I used the color, but there are sidewalks now, five foot sidewalks, on at least one side of all the streets. So, you can walk throughout this subdivision on sidewalks in any of the lots now. The second requirement was to provide a better transition between the southern perimeter of the subdivision and the Vantage Point Subdivision to the south. Again this should be done Page 29 Meridian City Council Special Meeting Item#2. June 29.2021 Page 3 of by extending the larger lots at the southeast corner of phase seven. On the top is the original plan. On the bottom is the new plan. So, you can see that this park and this road has gone away and these lots have been extended all the way over to the Farr Lateral. These lots are roughly half an acre, I believe, to provide a better transition to the lots to the south. The last one was to relocate some of the open space at the south to a more central location. I showed some arrows here for you to see what's happened. So, this particular area, again, where the larger lots are now, there was the open space here, it's the same amount of open space, it's been relocated here to the center of the development. As requested by the Council -- Simison: Alan, we will go ahead and pause for a second as we address outside audio issues, not inside. Tiefenbach: I will back up, so that -- do you know where we got lost, Chris? Johnson: Mr. Mayor, Alan, I think from the beginning. We just received an e-mail. Trying to go through it and make sure everything's on the right setting. Christy, if you can hear us will you speak. You are unmuted. Tiefenbach: Mr. Mayor, do you want me to back this up again and start from the beginning when we get there? Simison: Yes, please, Alan. Hoaglun: You know, Mr. Mayor, since we are kind of in a timeout -- I just noticed -- I was watching a baseball game of the Mariners the other night and they were in a rain delay, so they broadcast certain things, you know, interviews and different things. So, maybe we ought to have a talent show, people who are in the audience have to come up and do some sort of talent, you know, fill our time. That would be kind of fun, so -- Cavener: Mr. Mayor, probably to follow up on that, as a courtesy I think the applicant should be the one to always go first. Simison: As I have been learning, I'm supposed to say interesting. Chris, do we want to go at ease for -- Chris, do we have any idea -- should we go at ease for a few minutes? Do we expect it to be a few minutes? Okay. Johnson: If any city staff can hear us if you can let us know. Steve? Cameron? Siddoway: I can hear you. Johnson: Thank you. Arial- I can hear you as well, Chris. Simison: All right. Alan, if you would like to go ahead and restart your presentation. Page 30 Meridian City Council Special Meeting Item#2. June 29.2021 Page 4 of Tiefenbach: Thank you, Mr. Mayor, Members of the Council. So, there was audio issues. We are beginning from the beginning and we will run back through. At the May 26th City Council meeting, Council directed the applicant to revise the Sky Break Subdivision plans to address three elements. Again, this was a subdivision originally for 329 lots on private streets. The three directives were to provide sidewalks on at least one side of all streets. The second was to provide a better transition between the southern perimeter of the subdivision and the Vantage Point Subdivision to the south. The recommendation was to do this by extending the larger lots at the south -- southeast corner of phase seven across the west. But the theory was to relocate some of the open space at the south to a more central location. So, first one was to provide sidewalks on at least one side of the streets. This is a color version of the plat. It's a little tricky to see, but if you -- in this here sort of to the middle and east, this is the area in particular where there were no sidewalks. If you can see by the colors there they have provided five foot sidewalks on at least one side of all the streets. So, all of the streets here now have at least one sidewalk on -- on -- or have at least a sidewalk on one side of the street. And the second was -- the directive was to provide a better transition between the southern perimeter of the subdivision and the Vantage Point Subdivision to the south. The recommendation was to do this by extending the larger lots at the southeast corner of phase seven across the southern boundary. There are two plans here, but the -- the top one is what you saw at the last meeting. The bottom one is what's proposed now. As you can see, this road -- this open space has gone away and these lots here have been expanded along the property line. Hang on here. The third was to relocate some of the open space at the south to a more central location. These arrows are showing what has changed. The one to the left, the arrow is showing that open space was originally at the south, along with that road. Now at the south these lots, again, have been expanded across the boundary and that open space has been moved here central. The amount of open space area is roughly the same, so they haven't lost any open space. However, they have lost lots. They originally were at 329 lots. With this they are now at 316 lots. The Council also asked to have proposed conditions of approval when we came back to you. In your memo packet there are proposed conditions of approval that have been worked together with staff and the applicant. My understanding is the applicant is amenable to all of those conditions of approval. If the Council is inclined to approve this present version with the conditions as proposed, there is a few things that Council will be incorporating as part of their motion that staff wanted to mention to the Council. The first is that the Council will be overturning the planning director's denials of the following alternative compliance requests. The first is allowing 106 lots where only 50 are allowed. The second would be allowing three common driveways off of a private street where this is not allowed. There is also following -- these following waivers that the Council would be approving. The first one would be allowing -- and I'm going to have a map right after this to show you exactly what this means, because it's kind of hard to visualize all these numbers in your head. One of them would be allowing the cul-de-sac to be longer than 500 feet. The other would be allowing the Block 9, which, again, I will show you, to be a thousand feet, whereas it's limited by the code to 750. The third would be allowing Block 5 along the southern boundary to be almost 1,200 square feet, whereas it's limited to 750 by the code and the last would be approving alternative compliance, which requires a minimum amount of landscape along pathways and a certain --to allow the pathway area shown on Lot 46 to remain in a natural Page 31 Meridian City Council Special Meeting Item#2. June 29.2021 Page 5 of state. So, again, the first would be here. This cul-de-sac extends approximately to 610 feet. This cul-de-sac here -- or, sorry, this block here is limited to 750 feet. Approving this would allow a waiver to a thousand feet. Down here 750 feet long block is allowed, whereas this is just short of 1,200 feet and, then, this pathway here, if you are crediting pathways as part of your open space or any kind of open space, it has to be landscaped at one tree per 8,000 square feet. This would stay in the naturally landscaped area. With that that concludes my presentation of the three different directives that we were given. Simison: Thank you, Alan. Council, questions for staff? Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Thanks. I -- and I, you know, unfortunately, was not in the last meeting, but -- and I get it that the cake -- I hope the cake hasn't been totally baked, but, actually, a question for the fire department. Yeah. I'm looking at the agency reports. This is partially within the five minute response time. Clearly not fully within the five minute response time at all. There is an updated phasing plan attached. I believe it was -- it looks like it was published on June 23rd. I was hoping that maybe Deputy Chief Bongiorno could walk us through -- how does this phasing align with the hypothetical construction and delivery of the future fire station in south Meridian if that were to occur? Bongiorno: Sure. Excuse me. Mr. Mayor and Council Woman Strader, I believe I will leave that to the applicant to answer as far as timing goes. I believe -- I think one of the conversations that Laren and I had was their first phase -- and Laren can correct this if I'm wrong. The discussion we had was their first phase, I believe, was going to fall in line with when Station 7 would have been constructed and -- and occupied. That April of 2023 time frame'ish. So, again, I will let Laren or -- or their applicant talk about that as far as the -- as far as it goes. And, then, the --the phasing plan, the main reason for the phasing plan is to make sure we have secondary access throughout the construction phasing to make sure we have good access while they are being built. Strader: Thanks. So, thanks, Mr. Mayor. I will be looking for commentary from the applicant team on that. Simison: Council, any additional questions for staff? Parsons: Mayor and Council, if I could just provide one clarification before the applicant comes up. So, Alan had alluded in his presentation that he wanted you to approve an alternative compliance and that's -- that's not the intent tonight. The intent is there is a condition of approval that the applicant will have to seek alternative compliance to allow that slope to stay in an unnatural state and allow the pathway to be a different material than asphalt. I think their intent is to have that more of a gravel, more natural walking amenity for the subdivision. The code does allow for that through alternative compliance. Page 32 Meridian City Council Special Meeting Item#2. June 29.2021 Page 6 of So, I just wanted to be clear on the record what the intent of that was for your action tonight, if you choose to move forward on approval of this project. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Question for Alan or Bill. On the -- on the length of some of the roadways it says unless there is an intersection and I noticed there is several T intersections. So, are we talking about a through intersection is what would be allowed for the longer length, not a T intersection? Tiefenbach: Mr. Council Member, what that means is these blocks -- and let me see if I can share again. You can't have a block with -- on one side without having a walkway, a pathway, a road, the end of a block, or something like that. There is several block lengths that are just houses with no intersecting pathway or street. Bongiorno: Also, Mr. Mayor? Simison: Yes, Deputy Chief. Bongiorno: Also I think one thing that -- to note about that natural pathway area, that will -- also will be included in that fire plan that they are planning on providing to me prior to - - was it final plat I believe. Or something. I don't remember exactly what it was. So, that whole area -- yes, it may -- may retain the natural look of it, but they still have to maintain it to make sure that we don't end up with a wildfire on that hillside. Simison: Council, anything further before we hear from the applicant? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: So, I just wanted to clarify. You were stressing the wording in the proposed conditions of approval. Do I understand correctly that the -- the director has already denied approval of the alternative compliance requests for three and four and that Council would need to overturn them? Is that --just that -- that's the wording correction that you are referencing? Is it just for numbers three and four? Parsons: Mayor, Members of the Council, Council Woman Perreault, I'm not sure what you mean by number three and four. Perreault: On the proposed conditions of approval in the June 21 memo. Parsons: Yes. So, that would be if you are going to overturn the director -- director decision of approving private streets and the common drives off of the streets. Page 33 Meridian City Council Special Meeting Item#2. June 29.2021 Page 7 of Perreault: Just the -- Parsons: Yes. Perreault: Thank you. Simison: Okay. Would the applicant like to come forward. Nelson: Good evening, Mayor and Members of the Council. Deborah Nelson. My address is 601 West Bannock Street. Here on behalf of the applicant. We really appreciate the very clear direction that the Mayor and City Council was able to provide. It enabled us to revise the site plan, to address each of the three changes that you specified and to work with your planning staff and with the fire department to review those, to work through until they -- they were able to support them as well. We are in full agreement with the proposed conditions of approval and we do ask for your support of the development with those conditions as proposed. Mr. Mayor and Council Member Strader, with -- if I could I would respond to your question as well. You were asking about fire phasing. We did work out a fire phasing plan actually initially with the fire department. I think the only reason for the update was that the layout is a little different with the extended homes. So, this reflects the new lot layout. But the phasing has been consistent with our discussions with Mr. Bongiorno throughout, identifying that we have primary and secondary access for each phase. Phase one is expected to be coming into occupancy in 2023 and so that would be timed approximately with the new fire station that's planned. Also that is the area that's close to Eagle Road and so it is still within the five minute response time now and so as the future phases come in we expect them to be timed in accordance with that -- that fire station as well. Similar to other developments that have been improved in the area, Pinnacle, Pura Vida, Poiema, that also were developed in full and approved in expectation of that fire station coming online. We are really excited to bring forward this Sky Break community for the city. It was -- as redesigned. We did lose the 14 lots, but we retained the qualified open space at 18 percent and 14 amenities. We have got the exceptional rim view lots. We have the golf cart access and we think with all of these amenities and unique placement of this property next to the golf course that this is going to be a community that your residents are proud to find home and that you can be proud to have in your city. And we would stand for any questions. Simison: Thank you. Council, any questions? Borton: Mr. Mayor? Simison: Councilman Borton. Borton: In all due -- really clear direction, there was only four of the six of us and we were kind of teetering on -- on both sides of what might happen with this application and so I don't recall it as being as clear cut perhaps, even our direction, frankly, may not have been as clear as you phrased it. One of the questions that came up is on -- amongst the Page 34 Meridian City Council Special Meeting Item#2. June 29.2021 Page 8 of list of requested waivers is the landscaping and pathway in the common open space. Alan, if you could pull that exhibit you created up again -- Tiefenbach: Sure. Borton: -- that had the location of the waivers. Perfect. Thank you. So, on that right- hand side. The no additional landscaping required and it sounded like in addition to that it would be -- it wouldn't be an improved pathway, it would be gravel or natural state is the request, so -- and Deputy Chief Bongiorno referenced maintenance of that. So, if it's natural slash weeds, sagebrush, who maintains that? It's just really unique compared to more traditional, you know, grass and manicured open space. So, who -- who maintains it or what organization maintains it and how? Nelson: Mr. Mayor, Council Member Borton, so the CC&Rs will have provisions for maintenance of this area and the HOA will be responsible for maintaining it and the pathway actually -- the design of it hadn't changed since our original plans here. We are actually excited to bring forward kind of a little different amenity than you get opportunities for here. I think you may recall in the last hearing we had discussion about -- that it has the -- the reminiscence of the Boise foothills, the opportunity to have a natural walking path outside your door. We recognize that does have to be balanced with fire concerns and so we have met with Joe quite a bit about that. He's asked for a wildland safety plan and so that has to be provided to him and that is what has to be done before the first final plat to make sure that it will be a -- a safe area. The CC&Rs will include provisions that require the HOA to conduct regular maintenance on the -- on the native grasses, such as moving them twice a year to keep them cut and safe during fire season, so -- and all of these provisions will have to be reviewed and approved by Mr. Bongiorno. So, we do feel that it can be both a safe and a unique opportunity for the development to have that natural hillside path. It creates a great walking loop for the entire development and it gives everybody a chance to enjoy those nice views, not just the rim view lots. Simison: Council, any additional questions for the applicant? Thank you very much. Nelson: Thank you. Simison: This is a public hearing. Mr. Clerk, do we have anybody that is signed up to provide testimony on this item this evening? Johnson: Mr. Mayor, yes. We have six signed in, four indicating a wish to testify. apologize if I mispronounce this, but Elizabeth Koeckeritz represents -- thank you. Representing an HOA. Simison: If you would state your name and address for the record. Koeckeritz: Yes. Elizabeth Koeckeritz. It's a silent O. The rest is phonetic. 3058 North our Selkirk, Boise. 83702. Mayor, City Council, I am here representing the Vantage Point Homeowners Association. Just do the arrows. Okay. Okay. First of all, the homeowners Page 35 Meridian City Council Special Meeting Item#2. June 29.2021 Page 9 of would like to say thank you to both the City Council and to the applicant. They definitely believe that this plan is better by getting rid of the road that goes directly behind their homes, by extending the lots. They really do appreciate that. So, at this point in time they are really just looking at having a few final tweaks made to the plan versus an entire redo. They do continue to believe that overall this plan is not the right plan for this area. The density is just much more extreme than anywhere else in the area. I mean it just doesn't fit the surrounding neighborhoods. The housing types they are -- 75 percent of them are on 1/10th of an acre. A significant portion are duplexes and only a very few percentage of the homes are half an acre or larger and, in fact, the homes that were put on the larger lots are still not quite half an acre. They are still slightly under that half acre mark. The zoning is also significantly increased from the comp plan. It's changing from R-8 to R-15 near the rim and, then, from R-3 to R-8 south of the Farr Lateral. Additionally, to approve this plan the applicant is having to receive alternative compliance and waivers throughout and so it just seems to the HOA that there is -- there could be a better plan for this place, for this property, but given where we are right now they do just have a few sort of small requests that they are looking for that would just really make this a lot more palatable to them and a lot easier. Just a much better plan. So the first -- just running through these -- and I will discuss each of them briefly -- is limit the site grading of the back -- and I'm really just talking about the homes along the southern border. The other properties don't really affect them and so we are not discussing those. Limit the site grading so the floor elevations don't exceed two feet above where the current grading is. Ensure the drainage -- there is going to be -- you are going to hear from a couple people tonight about the drainage issues of how the land is flowing from higher elevation down through one of the Vantage Point properties and, then, down to historical drainage to Ten Mile Creek and they do have some concern that if that gets built up, gets filled in, that there is going to be backflow onto their property, swampy properties, that it's just not going to work super well and this is the time where we can get it right now versus waiting to the future when we do have these problems in the future. They are also looking at the last two lots to the east and I will show you a map on this, having single home -- single story homes. They are asking that the construction be phased -- or the removal of the topsoil be phased, so that, as we know, there was a big windstorm last week and so that there is to minimize the dust that's blowing through the air, as well as to build a fence to help minimize that dust and the trash. And, then, there is one lot where they are asking to have the number of lots abutting it reduced from three to two. So, first, the draining and grading -- if you look at this, this is a historical map from some time ago, because there is, obviously, not a lot of houses right there, but that's really the -- it flows down through the Vantage Point Subdivision to the house to that -- to that plat lot that is not yet developed in this and, then, follows that drainage down to the Ten Mile Creek and there is two other people that are going to speak about this tonight and so what they are really looking for is to have the building envelope just moved over a little bit on one of these lots -- and I will show you a map of that in a minute. So, that they can -- so we can better ensure that that drainage continues. That this natural drainage continues to be there draining the property as it has in the past and, then, also has -- the homeowners association have the opportunity to review and comment on the drainage and grading plans, to make sure that this really is going to drain as appropriate. Here is another view of this. You can see that -- especially on the bottom picture that there is quite a dip right Page 36 Meridian City Council Special Meeting Item#2. June 29.2021 Page 10 of there as the property drains down to the north. Looking at the single story homes, the two houses on the end, what was presented to you in the developer's -- in the applicant's slideshow in their movie that they showed -- they were representing that these homes behind the Vantage Point Subdivision would, in fact, be single story and the HOA -- the Vantage Point Subdivision is simply asking that at least on those end two that those remain single story as they were presented to help ease the transition between their larger lotted subdivision to this much more dense neighborhood. Additionally, as I mentioned, one of the homes also has -- they still have three lots abutting up against them. It's the second house in from the edge and they are asking to have that moved and so you can see here just a rough schematic. The top shows what -- how it is currently proposed and the bottom shows just moving the lot line over a little bit. So, that house that second in - - on the right of your screen -- I'm mixing my right and my left. Only has two properties abutting it, instead of three, and that would result in the applicant only losing one property over this whole discussion. They are also asking for phase construction and the topsoil removal. If you -- this picture was taken just last week from out in Meridian during the big dust storm that shut everything down and so they are asking that the topsoil -- that this just be phased and so that they can be assured that there will be slightly less dirt blowing through the air over the next seven to ten years and they are also asking to minimize the trash that accumulates, as well as the dust for a six foot solid wooden fence to be placed along their border prior to any of the construction commencing and that, quite honestly, is it. These are pretty small changes that would really make -- would really help this -- the Vantage Point HOA and the individuals that live there really accept this into their neighborhood and make this a lot more palatable development and make everyone fairly happy with it. Simison: Thank you. Council, any questions? Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: And I apologize if you guys went over this in a previous meeting, but what's your subdivision like? Is it all single story? Do you have any multiple story buildings? Koeckeritz: This subdivision -- I apologize. I'm also -- I'm an attorney representing them. I don't actually live in the subdivision. But it is -- it's just -- it's one street that comes through. They are all at least an acre lot and they are multi -- multiple story large homes. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: And I appreciate typically arguments about transition, but I'm having a hard time with an argument about an abutting neighborhood having, you know, two story homes and, then, asking an adjacent development to limit their homes to one story. So, am I understanding that correctly, you have a couple of multi-story homes? Page 37 Meridian City Council Special Meeting Item#2. June 29.2021 Page 11 of Koeckeritz: The homes -- several of the homes are two stories, but this is where with the grading and drainage, so that they can continue to -- it helps them enjoy their views -- continue to enjoy their views as this development occurs. Strader: Thanks. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Thank you for sharing this with us. Have you -- have you and/or the HOA discussed these concerns with the applicant already and -- and what was the response? And, then, my second question if you go back to your first slide. I want to understand if -- if you are suggesting that the applicant isn't meeting what the city is -- has, you know, conditioned or is there -- is there an opposition to the percentages of lots and whatnot that you have put on there, are you suggesting that the applicant isn't meeting what is in -- what is zoned or in the Comprehensive Plan or is this just a preference by the HOA on the number and sizes of lots? Koeckeritz: So, Mayor Simison, Council Member Perreault, as to your first question, some of these issues have been discussed, some of them have come about more in the last few days as we have been discussing this and have not been raised with the applicant, but -- so, these -- the issues surrounding the zoning, those were raised that it does not meet with the comp plan in some of these areas. I believe the comp plan shows R-4 and this is R-15. Or maybe it was R-8. I don't remember. But I do know it wasn't in compliance. Simison: Council, any additional questions? All right. Thank you very much. Koeckeritz: Thank you. Johnson: Mr. Mayor, next is Annette Alonso, representing Southern Rim -- are you -- Simison: Mr. White? Johnson: Larry White. Vantage Point HOA. White: Mr. Mayor, Council Members, my name is Larry White. I live at 3804 East Vantage Point Lane and I would like to answer some of those questions. And I did a slide -- oh, I'm sorry. Johnson: He's pulling it up for you now. We were expecting a different one. Just take a second. White: So, Council Woman Strader, to answer your question, there are 16 lots in Vantage Point, 16 homes. Four of them are single story. So, 25 percent. Council Woman Page 38 Meridian City Council Special Meeting Item#2. June 29.2021 Page 12 of Perreault, two of us -- oh, Council Woman Perreault, the two of us here have coordinated with the developer several times. We had meetings -- at least we had meetings in person on the site. We have had e-mail conversations, phone conversations. We have done a lot of things. We have asked even to buy easements and single story homes. We are your last -- your last resort. So, there you go. Every time we have approached them the answer has been, no, they will give us what they are at, so -- so, with those questions I will start now, so, hopefully, the three minutes starts now. So, I live -- does this work in the mouse? Oh, man. Johnson: Use the keyboard to click. White: The keyboard click? How does that work? Okay. So, I live in the gray lot. The lot -- the lot highlighted in gray. What I want to talk to you today about is the historic drainage. So, there is drainage that comes from Vantage Point, it all funnels down to the low lot in Vantage Point, which is ours, and continues to the north and to the west to Ten Mile Creek. So, that's one topic I want to talk to you about. The other one is transition. would like to recognize and thank the developer for what they have done for the three of us in the subdivision. There are still two of us here and I would like to talk specifically about what we are hoping for on the transition. Okay. Okay. So, this is a figure of Vantage Point Subdivision -- and I wish I had a pointer, but -- Vantage Point Subdivision. You can see the Farr Lateral is the darker green. That's the high point on the rim. And this shows the contour elevations and how the contours go from south to northwest and if you follow the arrows you can see a lot of them go straight or to the side and end up in the green -- or the gray lot, which is ours, to continue north and to the west to Boise Ranch and Ten Mile Creek. There is about 12 acres that this drains to to our lot. That's one thing -- there is a lot of area. We have poor soils up there. They infiltrate rain very poorly. When there is rainfall events we frequently see ponding on our lawn. And the third thing is there is a big area -- and it all goes down to really one discharge point. Okay. So, looking back, this -- obviously, this drain has been formed over thousands of years, but going back to Google Earth we can get back to 1992. You can see the shadows of this drainage. Into 2014 our lot is the bare lot there and, again, there is the darker vegetation that drops down into Boise Ranch, which gets into Ten Mile Creek. And here is a blow up. Working with the architect in the design of this, he recognized we are the low point, everything's draining towards us and, then, further to the north. So, we incorporated some things. We have a ditch swale on the west side of our property and a swale grass lines on the east side, so we can take excess drainage from the roadway, if that occurs in an extreme event, go on either side of our house. We can take the drainage from the neighbor to the west and to the east, which happens now. It all goes down into our lawn area and, then, continues north. So, what we are concerned with is an extreme event, whether it's a quick snow melt and a storm, whether it's a hundred year precipitation event, everything's coming to this point and heading north. So, there is a couple ways to handle that and I will show you what Skyward neighborhood -- Simison: Mr. White, the timer should have gone off, but it's not beeping on us. So, if -- White: Has it been three minutes? Page 39 Meridian City Council Special Meeting Item#2. June 29.2021 Page 13 of Simison: Well, you have actually had about five minutes so far with answering the questions and otherwise. So, if you can wrap up your comments related to this issue as best you can and if Council has any follow-up questions they can ask those. White: Okay. So, that's what proposed Sky Break did. We know that's not an option. This is what Sky Break is doing, they are putting a house right in the bottom of that, which we don't think is an option. We are proposing something different. Here is the build area with the current lot size, just sliding the homeowner-- the home to the west a little bit from what they show currently in their narrative. Here is that same area if the two lots are granted to our neighbor to the west and what we are looking for really is what's shown on the promotional video that the developer prepared. You can see they have a 15 foot setback. They have a single story home. Everything is slid to the west. The difference between a -- with a 15 foot setback with a single story home and a double story home is huge and so we understand we have a 15 foot setback. It helps the developer, because it allows them to align the house to the -- to the east and we understand that, we are just hoping for some compromise here with a single story just to -- the other -- all of our other neighbors have a 30 foot setback and so that's what we are looking to you for help with and with that I will stand for questions. Simison: Thank you. Council, any questions? Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Mr. White, if we can go back to your lot with the lines there. I just wanted to ask a couple questions. Yeah. That works. Now, you had mentioned on -- on your east and west side you just have a swale to -- how -- can you describe that once again? How do you direct the water runoff that comes in? White: On --well, I don't have an aerial. On the east side we have grass -- a grass swale. So, it's flat area, it comes from the roadway, we have a small berm with the roadway and the roadway has all roadside ditches. So, if there is an extreme event, you get a lot of water, it overtops, it will come down the grass on the east side and continue along to this flat area, which is our lawn and, then, continue to the north. We do take drainage from our neighbor to the east. On the west side it's a gravel lined swale and it does the same thing, it comes around with a -- you can see the high contours around, goes north to the -- to the property line, heads to the east and, then, dumps out where the low elevation is. Hoaglun: Okay. Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Mr. White. So, it does come to pretty much a single point? I mean -- Page 40 Meridian City Council Special Meeting Item#2. June 29.2021 Page 14 of White: Well, that's the low point. Yeah. I mean it's a ten foot area that's the lower elevation. Yeah. It's not a pipe, but it's a -- Hoaglun: Okay. Okay. White: It's not spread over 50 or 100 feet or whatever, unless the storm gets super bad. Yeah. Hoaglun: Got it. Yeah. That's what -- I wasn't sure if that came to a single point, if they drained off separately, or -- so that -- that helps me understand. White: Yeah. You can see the contours. Everything comes down to this one point and, then, goes north. Hoaglun: Okay. Thank you. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Thank you. Is there a difference in elevation? Do you know what the difference is between like your home, for example, and this subdivision? You're up higher; right? So, water is draining down? White: So, our finished floor matches the finished floor of our neighbor exactly to the east and very close to our neighbor to the west. We have a nine'ish foot drop in elevation from the roadway to the back of our lot and so our home is raised a couple feet above the roadway'ish. Strader: Okay. Yeah. Got it. And I guess if you can articulate the concern about the view. I'm having a hard time with that one. Just -- you are a little high -- you are a little bit on higher ground already; right? And -- White: Yes, we are. We are definitely on slightly higher ground already. We are not sure what the developer has planned as far as terrace grading, which they did at Eastridge, whether they are going to follow the existing ground -- what they are going to do. But I can tell you that 15 feet is about where the -- the podium is, where the Mayor is, so there is a single story or a two story home. There is a huge difference there and we are just asking for some compromise. We are not trying to change the lot layout. We are not trying to change the setback. We are just trying to work with what's there and, you know, estate lots do have single story homes and we have -- 25 percent of ours are single story homes. It's not an unreasonable request and the developer did show it on his video. His promotional video. So, it must be reasonable to the developer is the way we are looking at it. Page 41 Meridian City Council Special Meeting Item#2. June 29.2021 Page 15 of Simison: Mr. White, you mentioned something else, though. Setback. If the developer was to do a 30 foot setback that was similar to the other homes in your subdivision and, again, when I look at this I can't think that there is going to be a home anywhere near a 15 foot setback on these properties. So, I think it's going to be -- I mean that's close for a half acre lot. I don't know what they would be doing putting a home that far back. But if there was a 30 foot setback would you be opposed to two story? White: Well, two stories with a 30 foot setback, yes, sir. Oh, excuse me. Yes, Mayor. Simison: Okay. So, something for the developer to even contemplate and those -- especially those that are being suggested. Council, any further questions? White: And if you want to ask about drainage, that risk of having all that drainage go right to a home? No? Simison: Okay. Thank you. White: Thank you. Johnson: Mr. Mayor, next Annette Alonso. Alonso: Mayor, Council Members, I'm Annette Alonso and I live at 2204 East Hyperdrive in Meridian and I'm here representing the Southern Rim Coalition. I'm sure you guys have heard me many times and don't laugh at my PowerPoint presentation. It's really bad. Okay? Really bad. But it gets the point across. And I actually have some photos from Mr. White's lot, so you can see how the contour is and I also have some photos of other developments that Devco has done where they have done severe filling, which is in Eastridge and the problems they have caused with drainage and things like that. So, you will be able to see that in my presentation. And I do want to say that this rendition that they come back with is somewhat better than it was before and I feel encouraged by that, but there are still several things that I am a little worried about. I don't understand why we would allow and waive all those -- have all those conditions. There is no reason for that in this development. They could make a development that didn't have all those conditions. So, I'm just going to start with the fact that this is not a premier golf community. Now, I don't care what they say, the houses are up on the hill. There is a small portion down on the bottom, but it is not a premier golf community as you would think. Not like you are walking out your back door and the golf course is there. It's not planned on where the golf course is right at their back door, so -- so, I don't understand why they are saying that for one thing and the way they are marketing it that way. As far as the gated community is concerned, I don't believe we even allow that within -- I think it says here that -- my understanding that it's not allowed within the city, except under very specific circumstances. There aren't any specific circumstances here. They just want that development to have like kind of a cushy look to it, so they want to have that private gated. There is no reason otherwise to do that. It's not coming off a major thoroughfare that you have to have it private or gated. The other thing was -- I wanted to talk about was private streets. ACHD even testified at the last hearing that probably 80 percent of those private Page 42 Meridian City Council Special Meeting Item#2. June 29.2021 Page 16 of streets they come to ACHD asking them to take over those streets in the future. So, again, why would we allow those private streets when we don't need to and a gated community-- I actually spoke to some residents who lived in Movado, because there was somebody here last time that testified who said he lived in that gated community part and I spoke to other people who lived in there and they said it's a hassle. They are always having to deal with the gates. People run into the gates. The gates get broken. There is just kind of a plethora of delays when you are living in a gated community and I have -- I have been selling real estate for ten years and I have been involved in real estate through lending and -- and through construction for 35 years, never had anybody come to me saying I want to move to Boise, Idaho, or Meridian, Idaho, and live in a gated community. Never have I ever heard anybody say that. So, I don't know where their-- their marketing is coming from, but I have not seen that ever and nobody I have spoken to has ever had that asked of them either. So, pass gated. As far as amenities are concerned, I think you guys all know that the amenities in this subdivision are interesting. So, I want to refer to my great PowerPoint. And, again, don't laugh at it, okay? So, first of all, this is -- first I want to talk about drainage, because these are the first slides that come up. This is one of the lots in -- in Sky Mesa. Eastridge is up above there. When this -- when Eastridge was proposed I actually testified to the Council that this road in the Sky Mesa down below had -- was stubbed out to go up this hill and this hill was a gentle slope. On -- on your right there that's a Black Rock Subdivision lot, the last one at the end of the street, and there was a gentle slope that went up here. So, they had it stubbed out here at the bottom to go up that hill on a gentle slope and it could have joined in with Eastridge. Well, Devco said, oh, no, there is no way we could do that because of the contour of the land. Well, so instead they built this and, then, this caused all kinds of problems in this lot and for this neighbor on the right that was in Black Rock, they had water in their lot, so they had to -- there was this ditch way coming down there in the middle and on this bottom lot you will see those white tubes sticking out at the very bottom, they had to put a drain all the way to the bottom of that lot because of that water coming off there and that drainage off that hill. So, then, if you will look at the next slide -- there we go. So, there you will see those tubes. That's looking up to Black Rock. That is on no man's land in there and also because of Sky Mesa, but here is the -- this is Eastridge. So, here is what they had to do, bring that drain down, put the drain in the lot below. Eastridge is up on the upper side here. And, then, they had to put rocks all along the bottom to help take that water drainage, so it wouldn't pour down into those Sky Mesa lots. Okay. These -- this hillside, it's actually-- those are individual lots owned by those homeowners at the top where they put that fence and that just kind of stays in weeds and most of the time it's brown, but it happens to be in this picture when I took it it's green, but -- so, that's what filling does and I know in this subdivision I actually saw it on the preapp notes that they do plan on filling the backside of the lots in Sky Mesa, which is behind all those five lots that are along that Vantage Point and let me show you -- oh, here is another spot where they left this no man's land behind Eastridge. Weeds. It's just weeds. That they could -- they could do with that. So, here -- oh, here is an amenity. This was the amenity that was put in Eastridge. That was a beautiful pond with a water feature. Well, they decided they didn't want to deal with it anymore, so they just filled it with gravel recently and put grass on top of it. So, now that's an amenity. There is another picture of it. And another picture. And there is a pump house right here, but now there is nothing to pump in there, so now they Page 43 Meridian City Council Special Meeting Item#2. June 29.2021 Page 17 of have no water pond to hold irrigation for the subdivision. So, moving on. So, this is the hill behind Mr. -- Mr. White's lot. This is from his south. It's his northern -- Mr. White's northern east -- northeast corner of his lot looking down the swale. That's that natural drain line that he showed -- they showed you in that arrow that drives -- drains down below. So, if they fill this, which this is looking down. This is maybe a ten foot drop or something into this and, then, it drops down maybe another 20 feet into that swale. That kind of gives you a better idea what's going to happen there and there is no way -- if you will see my next one of-- some of the next photos, there is no way they can build on these lots unless they fill. So, here is another photo looking down the other direction. So, you kind of see how that slope goes down the hill. And this is the smoothest slope right here. If you go around that corner up to the northwest, that becomes 58 feet up a hill. Fifty- eight feet of a hill is what they are going to put that path on. You can't tell me that people are going to ride their bicycles down that lot -- down that 58 foot drop and, then, ride it back up again. It's not going to happen. So, as far as this being usable open space, not going to happen. And here is looking to the west behind the Vantage Point lot. So, that -- that's the fence line over on the far left side there. That's how it looks. It's undulating land that they are going to have to fill or they won't be able to put those lots on there. Those half acre lots. And that's all I have for you. So, I just want to say to finish up is it's nice that they have done some improvements to help out the Vantage Point people. It's unfortunate it took this long when we have had several meetings with them and I have gone to all the neighborhood meetings and they promised they would do everything that the -- the homeowners wanted and it comes to this and now they are still asking for another four of those waivers. Why? Why do we need to have waivers? There is nothing here that's going to require a waiver. They just need to make a plan that fits the contour of the land. The natural contour. When Southern Rim Coalition was established by Susan Karnes, we established it because we wanted to maintain the integrity of the southern rim. This is not maintaining that integrity. This is forcing a square peg into a round hole and we don't need to do that. We are not maintaining anything in our beautification if we do that. So, with that I would like to say why would we do this and, again, thank you for listening to me. Questions? Simison: Thank you. Council, any questions? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Annette, appreciate you being here night. Your PowerPoint presentation wasn't that bad. Alonso: It was ugly. But that's okay. We are -- Cavener: So, listen, you know, you talked a little bit about the Southern Rim Coalition and one of the things I think your organization has always been very valuable to me is that you have come with recommendations. What I heard tonight was a little bit more of subjective opinions about the application, without a lot of recommendations to the Council. Page 44 Meridian City Council Special Meeting Item#2. June 29.2021 Page 18 of Alonso: Okay. Cavener: So, help me see what would you want done differently? I mean I -- I'm -- I'm hard pressed --thinking we are friends, so I can give you a little bit of a hard time, but you are really not concerned about gates or sidewalks in a neighborhood that you don't live. So, help me understand what your concerns are about the project that you think that the Council needs to address or resolve? Alonso: Okay. My concern is why are we going to an R-15 if that wasn't what we were going to expect there. Why? And our other concern is why are we filling land that has a natural beauty and contour and drainage? Why? Why are we doing that? Why are we allowing them to come in and rape the land, so that a developer can make more money by selling larger lots. Making rim lots. Why? That's not our purpose. Our purpose isn't to make sure that the developer makes money. Our purpose is to make sure that we have beautification in our natural geologic community. Okay? Cavener: Thanks. Alonso: Other questions? Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I wasn't quite sure about the pond example and I'm not -- I just wanted to understand -- was it that this was a non-functional pond that the HOA, then, decided to grass over or was it that the developer you feel in that example changed the pond and grassed it? Alonso: Okay. Strader: What was that about? Alonso: It was just to show that what sometimes Devco says they are going to do and what they do, because they still have control of Eastridge HOA. It's not controlled by the homeowners themselves. And I know the homeowners -- I have spoken to several. They are angry that that happened. Strader: Okay. Alonso: So, I wanted to show how when we have an amenity, the amenity might not stay the way it should be. For instance, a hill that's supposed to be natural, when, you know, you go to turn it over to the HOA will it really stay natural? I mean I don't -- I don't know what will happen. But I don't think a hill is an amenity and a pond, obviously, was supposed to be and it was beautiful, but now it's not there anymore. Page 45 Meridian City Council Special Meeting Item#2. June 29.2021 Page 19 of Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Thank you. I was just trying to understand what -- kind of what you were getting at with the example. Would -- if--what is a good -- I mean I want to give you another bite at what Councilman Cavener was asking. What's a great outcome from your perspective? Would it be less fill and more of a natural drainage similar to what you have now in that rim area? I mean what does a good outcome from your perspective look like? Alonso: I think they could stagger the lots down the hill. They could do a gentle grading, so that it still maintains the natural contour of the hill. I think that our -- our fill -- our fill and rape method of building lots is hard. I mean it changes -- it changes everything forever. We only have one chance to get this right to maintain what we have and my concern really is that they are going to change that drainage into the Ten Mile Drain so much that there is going to be serious problems down below. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Thank you. Annette, I know you are really passionate and we love that, but I -- you know, I think -- I'm not sure rape is the -- is the right descriptor in this case; right? Let's -- let's try to keep this -- I appreciate the passion, but let's just try to keep this really directed at the concern and -- yeah. Alonso: My apologies. Strader: Sure. Simison: Council, any additional questions? Okay. Thank you. Johnson: Mr. Mayor, next is Troy Kagee. Simison: Thank you. State your name and address for the record and you will be recognized for three minutes. Kagee: Thank you, Mayor and Members of the Council. My name is Troy Kagee. I reside at 3766 Vantage Point Lane. I'm here this evening in opposition of the development for a number of reasons. But I have had -- I have been to all the meetings with the developer and each time, you know, the response I get is I got to take it back to the team and will let you know and most recently -- I guess I just want to get it -- come out with my biggest concerns. In the last meeting I was here I left, you know, hopeful, because it was recommended that just, you know, be good neighbors and that's really why I'm here is because there was no change to any of the lots on the -- on the -- my -- my north side, Page 46 Meridian City Council Special Meeting Item#2. June 29.2021 Page 20 of the south side of this development. So, the lot layout is the same. My -- another concern is the drainage. I reached out to the developer asking for a grade map and the response I got was we are not moving any dirt. We will move maybe a foot or two, but we are not going to move a bunch of dirt. But I don't know how the development can be put in with the current grade of the land there. My lot to the west of Mr. White is the beginning of the downslope. So, from the west end of my property down to the east border of my property it drops about six feet and, then, just continues to go down into Mr. White's property at the low point where it comes into a V. I -- I have lived in other subdivisions where my home was built, developer came in next door -- or not a developer, excuse me, but a builder came in next door, built the home, six foot setback on the -- on the side property, elevated the house a little bit and, then, I had a swamp in my yard. So, I had to come in and pay thousands of dollars, have a French drain put in from the back of my property to the front of the property. I don't want my water going into the neighbor's behind me and I don't want their water coming down on me. So, I would like to have some sort of compromise here and so we don't have issues coming down the road and, again, I would like to -- I moved out to this location because of the open space and I know that is a -- it's a big thing for the city and I know there is a time coming up for talking about the green space -- open space in the city and maintaining that. We have one opportunity to get this right. Now it's -- I mean I'm not against development. I mean if we can compromise and reduce a lot and, then, stretch those out so we don't -- I don't have three homes looking down on my backyard -- I would be happy if there was two. But there was no change to the back of my property. I'm not here to talk about view. I'm here to talk about my -- you know, my way of life that I -- I moved out there for and just to have a transition that is appropriate and to transition from these larger lots down to smaller lots. I understand. Eastridge is approximately the same size, 77 acres, that you are looking at about 80 acres. They have 117 homes. We are looking at 316 now. So, I just don't feel the development fits in its current state and I would like to see some changes. Thank you. Simison: Thank you. Council, any questions? All right. Thank you. Kagee: Thank you. Simison: Mr. Clerk, is that everybody? Johnson: That was everybody that wished to testify. There are some people online, though. Simison: Yeah. And there is some people in the audience. Is there anybody else in the audience that would like to provide testimony on this item at this time? If so, if you could -- Conger: Mr. Mayor, could I speak as a -- Simison: As a citizen? Page 47 Meridian City Council Special Meeting Item#2. June 29.2021 Page 21 of Conger: As a citizen I guess. A one and a half minute discussion of the pond if you would like or we can squeeze it in later. Simison: Let's squeeze it in later. Conger: Okay. Simison: Okay. Thank you. If there is anybody online who would like to provide testimony, if you can, please, use the raise your hand feature at the bottom of the platform and we can bring you in as well. Okay. Seeing nobody online or in the audience who would like to provide testimony, I would invite the applicant for final comments and to talk about ponds in other subdivisions. Your time's up. So, it's really your closing, so -- Nelson: Thank you, Mr. Mayor, Members of the Council. Just to try to tick through some of the comments we heard, there was discussion about the density and, of course, as has been extensively discussed, we are on an MDR designated property that it calls for three to eight. We are proposing at the low end of that range even as an average. Once we get down into those larger lots we are getting much closer to an R-2 level of sizing here. So, we are transitioning significantly through that density. You know, there has been a lot of discussion about grading, but it seems to be more connected with view concerns than actual grading. I mean we absolutely will and have to follow state law and city code about drainage. We will design it with an engineer. Your engineer has to approve both our grading plan and our drainage plan. We are obligated to keep our own drainage on site. The drain that's been discussed about being relocated is also on our site. The neighbors, Vantage Point, are higher than us, so, you know, if they are looking for a compromise here, you know, we can each keep our own drainage, but we will not have a problem with our drainage going to their property. So, this is a very experienced developer. They know how to do this. They work with civil engineers and your civil engineers know how to approve these plans as well. Mr. White commented that every time that they have approached us with something we haven't agreed. But there is actually numerous examples of our agreement along just this border and in particular on the lot that is abutting his home based on his specific request about views and so, you know, as a reminder, the developer has given a tremendous amount and has followed the Council's direction to give even further. We are looking at very large lots along this entire border here and double the rear setback along those, double the side setback on the corner and had already agreed to pull the footprint out of Mr. White's view to try to protect as much of that as we could on the corner and as a result that footprint has already shrunk quite a bit. Mayor, you asked about that particular side setback on that end lot. You know, we have already shrunk down that footprint in response to his request to protect more of his view shed and so it's actually now a pretty narrow spot that is oriented different than the other lots, we are talking about a side setback there that already has been doubled to 15 feet. You reduce that further -- we have only got a hundred feet width there. If you took that to 30 feet we have got to give a side setback on the other side, you are now looking at a very small house on a custom lot with a view and it doesn't seem appropriate for that, nor-- nor needed to protect his view, which we have already done by pulling that footprint back so he can see. You know, none of these homes, of course, have a right to view. Page 48 Meridian City Council Special Meeting Item#2. June 29.2021 Page 22 of They certainly wouldn't even have an expectation to a view being next to private property on that interior line and we are just asking to build within the code. A two story to two story transition is appropriate. Council Member Strader, you asked a question about where --what houses in their neighborhood were multi-story and Mr. White indicated there was four. But it's important to understand that none of them are along the border with our property. Those are all multi-story homes and so we are putting two story homes next to two story homes, which is appropriate on the -- on the size of homes in the gated community and the custom homes in -- that we hope to see there. Ms. Alonso talked about how important it was to the South Rim Coalition to maintain the integrity of the rim. We have worked really hard to do that. We had a discussion already this evening about keeping a natural path. We are asking for a waiver not to plant additional landscaping there. We are trying to keep this very natural. We don't have a road going down the hillside. It's not feasible and would be a huge engineering feat to disturb great pieces of this. Instead, we have taken a piece of property that actually has a lot of challenges with the topography and -- and worked with them. We will not be artificially raising our homes through grading activities in any way, shape, or form. We will just be following normal grading practices to construct our homes and to grade this site and to prepare it. I think that's all I have. If there is anything else -- if there is any -- if you have questions or concerns about what was said about other developments I think the developer would love an opportunity to -- to address that if it's relevant at all tonight. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: Deb, I think we mentioned something about a fence, too. I just have that written down on my notes. Nelson: Mr. Mayor, Council Member Bernt, thank you for reminding me about that. There already is a fence along that property and it is already behind the neighbor's homes along Vantage Point and so we don't have any plans for an additional fence in front of their fence. Simison: And, Deb, just so -- when I was looking at this before when we were in that 30 foot setback question, I was looking at really Lots 75 through 84, not the one on the end, because of their depth. I understand that one lot could not accommodate a setback reasonably due to its odd shape, but -- so we are clear. Nelson: Mr. Mayor, thank you for that. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: There was a request for phase removal of topsoil. What is the plan for the topsoil removal? Page 49 Meridian City Council Special Meeting Item#2. June 29.2021 Page 23 of Nelson: Mr. Mayor, Council Member Hoaglun, it's not practical to do that because of balancing the site. They have got to grade the site altogether and so you move dirt from one side to the other to balance the site. That's -- that's not a practical request. But they will, of course, meet all best management practices for dust control and will comply with every condition that the city imposes in that grading plan. Hoaglun: Okay. And Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: And, Deborah, they talked about not exceeding two feet above the elevation. But with everything it sounds like the Vantage Point Subdivision is higher to the south than -- than your property is -- your client's property, so -- and it doesn't sound like -- I think you said there is no plan to build up in terms of anything artificial, other than the normal building requirements for -- for lots. Is that -- is that correct? Nelson: Mr. Mayor, Council Member Hoaglun, that's exactly right. We will just meet the normal building standards. We will grade in accordance with the topography and a normal grading plan to execute the development plan before you. Nothing will be artificially elevated for height reasons or view reasons and as far as the -- the -- the grade of the first floor, that will be done in accordance with normal building practices. You do have to slope the ground away from the house for protection of grading. But that's all standard. Hoaglun: Okay. Thank you. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I have got a few -- I guess a question to staff. Maybe. Not being a grading and drainage expert, help me understand. It -- I guess I am concerned about if we are following normal grading practices. Are normal grading practices appropriate to preserve this geological area? Like is that what we would expect? Like if we want to try to make sure that the drainage ends up working well, you don't have to put in extra drains, that the rim will still exist and close to its current form. I mean does that look like a different grading practice or drainage practice than what is in code? Parsons: Yeah. Mayor, Members of the Council, Alan and I certainly aren't engineers or grading experts, but I can tell you we do not have a master grading and drainage ordinance in the City of Meridian. What our code speaks to is basically maintaining drainage on your property. What we have done in these particular instances where we know we have issues with topography on a site, we typically condition the applicant to provide that master grade -- grading and drainage plan to the city for review and approval. Again, I don't know if Public Works has addressed that in their conditions of approval, but if that's something that you would like to add tonight and certainly I think the applicant would be agreeable to probably providing some of that information, so that we can make Page 50 Meridian City Council Special Meeting Item#2. June 29.2021 Page 24 of sure that there is adequate drainage and grading on the site. But Public Works does have some technical specifications. But, again, it's -- Simison: Mr. Dolsby has unmuted himself to speak, so Mr. Dolsby. Dolsby: Mr. Mayor, Members of the Council, we did not specifically address that in our specifications or supplemental specifications, but the Ada County Highway District has very specific ordinances and regulations associated with the stormwater drainage. We are required to contain on site, as Bill had mentioned. They need to follow all the codes, meet all the regs and it's reviewed and approved as part of their development plan now. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Yeah. I feel -- I feel a little bit like I'm adrift, to be honest. Not being an expert in it, I would hope that we would require that condition, so that we can at a later point have some experts review -- review that. Yeah. You mentioned Mr. Conger is interested in coming up. I would love to invite him to do that if he's interested. A picture's worth a thousand words. Maybe those pictures didn't tell the whole story. I didn't think they looked great. Your reputation is important and I would be okay with you coming up, if Mayor and Council are okay with that. Simison: Nothing prohibiting him from doing so during this time. Nelson: Mr. Mayor, Council Member Strader, while he is -- if I could just point you to Public Works Condition 1.1-10, it does require a drainage plan to be provided and reviewed prior to plan approval. Strader: Thank you. Conger: Mr. Mayor, Members of the Council, Jim Conger, at 4824 West Fairview Avenue. First, on that pond, if you go back to Eastridge original approvals, there is no pond in any of the documents, landscape plan -- it's not an amenity. When we worked through that property and when we were up front in our preliminary plat approval of Eastridge we actually had a waiver of irrigation rights, because this property did not have any water rights. We had worked hard and spend literally a little over a hundred thousand dollars drilling wells to give our residents irrigation water. So, we worked above and beyond to not have to hook onto any city. Got some surface rights. We worked -- or not surface, but subsurface. So, well rights through IDWR. We were concerned that we did not have enough rights and we did a --what I would call a smallish pond. We --we had an anomaly -- anomaly happen with our water engineers and ourselves. When we selected the aquifer that we are in it actually, when it comes to the surface -- I'm giving you way too much information, but it oxygenizes and, then, it calcifies. So, that pond started glossing over with a complete sheen of calcium and I went through 7,000, 8,000 dollar pumps like they were, you know, Bic lighters. They -- he calcium just ruined everything. So, what we had to do was -- our wells -- excellent water, excellent well, it just could not be Page 51 Meridian City Council Special Meeting Item#2. June 29.2021 Page 25 of oxygenated in a pond. So, we spent a lot of money retooling the pumps to use the water straight out of the aquifer, all per our water right, but that pond there was of no value. It doesn't get fed from -- from ditches and it would just be stagnant. So, it actually got put back like the original approval was. There was no bait and switch. It simply is the best thing for that--for that neighborhood. As far as the drainage, I thought our slopes actually looked amazing in those photos. We had riprap channels at the bottom. There isn't one item in that photo that is an after work. That was all done by our civil engineering and our Conger Group team in advance of design and those actually go down to some subsurface drain beds. The white pipes and all that nasty hillside that didn't have anything, those are -- those are unbuilt lots by Boise Hunter Homes and we have worked with Boise Hunter Homes and his project manager numerous meetings to make sure we did our design right -- pre-design, not after it was done. So, we didn't affect his future homeowners. Jim Hunter is a fairly smart civil engineering individual. All that was done up front to make them happy. Those white pipes you see I don't know what those are. Those are on somebody's future home site in their backyard and Boise Hunter Homes must have done something. I think their photos was a little bit of an attempt to -- to show really what's not on our property and we did not do that. Eastridge drainage is working excellent. Those hill sites work excellent. They are maintained by the CC&Rs that your City Council had us discuss, which we were going to do anyhow, and the maintenance contract on those is working like -- working like it should absolutely work. That's all I have. If you have any more questions. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Thank you. Just to cut through it -- so, just from -- from your perspective you are not intending to raise the lots on your property creating a drainage problem for these neighbors in Vantage Point? Conger: Yeah. Mr. Mayor, Council Member Strader, absolutely not. It's -- it is the opposite. We are lower, just as everyone has said. Strader: Okay. And are you intending to maintain the slope of those properties to some extent as well? Conger: Yes. That maintenance will be done by -- the maintenance of those slopes will be in our CC&Rs. We take that very serious in all our neighborhoods. When we turn over an HOA they need to economically function and function so we don't create stress on homeowners. So, no, that will all be set up with a maintenance crew. We --we actually have a -- what we plan to do, but we have done well over a dozen wild urban interface projects in Boise, which does require the WUI. So, you know, with -- with Joe the requirement of this WUI is not abnormal for us and we absolutely know how to create the right WUI plan and implement it. That -- that's not new to us. There is no concern. Strader: Okay. Page 52 Meridian City Council Special Meeting Item#2. June 29.2021 Page 26 of Borton: Mr. Mayor? Simison: Councilman Borton. Borton: I heard your question a little different. I thought Councilman Strader was asking about not maintaining the topography of the proposed common open area. But the lots, which will become homes that -- that that topography and slope would be maintained as part of the development. Maybe I heard the question wrong, but that's what I thought you were getting at. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I think to some extent both. But I guess just to -- you know, are you going to be filling these properties a bunch, as Ms.Alonso was concerned about? I mean -- I'm having a hard time judging what normal grading practices are. So, is there going to be a hill here like there is now or is this going to be flat now? I mean what -- what's going to happen, just if you could describe it. Conger: Yeah. Mr. Mayor, Council Member Borton, to you and Council Member Strader, so, first and foremost, there won't be any lots like Eastridge where the HOA is maintaining some -- some -- some of the individual homeowner's property. So, every lot that will be finished will be a hundred percent maintained by that homeowner in -- in a usable environment. The grading and earthwork -- there is a depression down there. There will be some fill down there, much as if you go to the northwest part of this same property -- we just happen to be talking about the southeast. It is also the drainage of our property going out the northwest. That will get regraded the same, but in the southeast corner. There will be regrading of that property, but -- but there is spots all over the property that will be regraded. These will not -- all of these home sites will be what I would call typical home sites and -- and flat half acre -- I mean we are half acre. We are -- in a couple of them we are 200 square feet under a half acre, but -- so, all of them will be normal home sites. Our Boise foothills -- foothills will come off and be on those slopes, but not our home sites. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Mr. Conger -- but looking at Lots 74, 73, that shows the deep -- deep slope, you are definitely going to have to do some fill on that to make it workable for -- for lots of different things, but I think I heard Deborah say whatever happens there you still will maintain proper drainage per -- whether it's state code, city code, all those types of things to follow down and go off to where it needs to go to and that's -- that was my Page 53 Meridian City Council Special Meeting Item#2. June 29.2021 Page 27 of understanding. I just want confirmation that whatever that fill is there is still going to be some sort of drainage system in place that takes -- takes the water away, so -- Conger: No. Mr. Mayor and Council Member Hoaglun -- and -- and to the other two Council Members -- so, yes, any fill that would be done there is still going to be lower than our neighbors to the south and definitely per state code any drainage going that way. You know, one -- one thing that we did negotiate, just -- the neighbors didn't like it. When we negotiated and self imposed our setback of that lot that you are talking about, that also encumbered -- kind of encompass that drainage area of his. So, it is kind of a two fold -- our self imposed was to attempt to get along with our south neighbor and it also was his drainage area. So, it was a win-win all the way around and we are still comfortable with that, so -- Hoaglun: Thank you. Simison: So, Jim, just so I can be educated on that component. I mean we always -- I have always heard you keep what's on -- you create what's on your property and you keep it on your property, for lack of a better terminology. But when you are coming in after someone is already there, it doesn't sound like the current property owners have that same restriction. If their property is allowed to drain continuously off-- so under state code or whatever, you are supposed to pick that up and, then, figure out where it goes, because it was there before you and you deal with it? I mean I'm just trying to get an understanding about how this applies in general circumstances. Conger: Mr. Mayor, yes, sir. There is absolute state code. If there is water coming onto your property in historical flows, you will one hundred percent have to take care of it to and through your property just like it did naturally. Never will you get out of that, never do we try. That -- that's nonnegotiable. Simison: That just helps me understand the difference between grading your own property, so that you -- what you have on your property doesn't go into others versus historical flow property and the expectations to take it to and through, like their sewer line. Okay. Thank you. Hoaglun: Mr. Mayor? Simison: Council Hoaglun. Hoaglun: Just as quick follow up. Wanted to talk about the path. It looks like the golf cart path you are -- you are putting in some trees there and that seems, you know, a normal landscaping amenity for a winding path and, then, you want to keep that natural grassland following wildland fire plans and whatnot that will be submitted. Having the gravel path, which to me that--that's a steep -- it reminds me of being in the Boise foothills and hiking. Having natural grass. The places I have hiked over on that side they don't plant trees to -- to forest it or anything like that. So, I would imagine you would have Page 54 Meridian City Council Special Meeting Item#2. June 29.2021 Page 28 of bikers and hikers and just trying to keep a natural -- natural look to it. That sounds like the vision you guys have for -- for this particular area; is that correct? Conger: Yeah. Mr. Mayor, Council Member Hoaglun, that is correct. The -- the cart path will definitely be more manicured and meet city code of the trees and everything and we want that. The gravel pathway -- and we did say natural path, but it's definitely going to be graveled path. It will not be dirt and mud and it won't have the influence of water. If you start putting the water, then, come the weeds on the fringes. You try to have trees and you water those, then, you get the weeds with those and you actually add to your fire concern. So, we believe we can do that right. We have experience in -- in east of Harris Ranch. We have done the Bench area. We -- we dealt with a lot of these identical environments and, number two, request out of every one of our homeowners that we continue to discuss over year after year after our dog parks is walkable trails that are not just up and back, they are circular loops and things of that nature, so they can walk every evening. So, that satisfies really our number two amenity that we continue to be asked fo r. Bongiorno: Mr. Mayor? Simison: Yes, Joe. Bongiorno: Mr. Mayor and Councilman Hoaglun, that's something that we have -- that I have worked with Laren and -- and on this with --what I shared with them that we planned for Pura Vida and that document is -- is written off of known documents that are out there for wildland urban interface items and part of that document is there is recommendations for how high to cut natural vegetation to keep it from exploding, you know, in case there is something going on. So, I have shared Pura Vida's document with them. It is the same hillside. So, we are looking for consistency throughout that whole project and I know they will -- they will come along with that as well. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Joe, that's great to hear that there is -- there is continuity and consistency throughout and, of course, the safety aspect is paramount, so -- but it's good to -- good to know. Thank you. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Thank you, Mr. Conger. If there are no more questions at this point for Mr. Conger, I was curious to hear from some of the neighbors if his comment about -- you know, that there won't be any fill, you know, that's -- the in-fill will be lower than the Page 55 Meridian City Council Special Meeting Item#2. June 29.2021 Page 29 of neighbors to the south and I wanted to hear some feedback from them if they think that that resolves their concern. Maybe the HOA president or -- White: Larry White. 3804 East Vantage Point. Mr. Mayor, Council Woman Strader, the concern at least on our lot isn't so much raising the elevation too much, it's that drain ditch and -- and I know the developer and their staff is really good about saying we take care of our drainage, you take care of yours. We really don't -- our lot isn't big enough to take care of 12 acres of drain ditch. It's got to go through our property down through Sky Break. So, they can build up their lot, but I'm hopeful that the city engineering staff will look at the full drainage picture and see that we have 12 acres of drainage that could come down here. So, does it make sense to have an engineer fill in the house right in that direct slope. That's our concern. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: So, if I'm -- being not a drainage expert myself, I -- what I'm hearing is that the city engineers and staff will review a drainage plan as part of our normal course of business. I will hope at that point we have the experts that will take a look at that. But I would think, though, from sort of a common sense -- maybe it was from the comment that Ms. Alonso made, but it sounds to me like any kind of fill that does happen wouldn't be any higher than your properties that are to the south. So, I would think common sense would lead me to believe that the drainage will happen off your property or off the properties that are there on the south. White: Sure. Again, there is a -- there is a big drainage area, 12 acres -- Strader: Yeah. White: -- over 500,000 square feet. So, there can be a lot of flow coming in there and cause property damage. So, what happens if there is flow, there is damage, there is a house there, who is responsible? Who is liable? That's what our biggest concern is. That should be a concern of the City Council and city staff we hope as well and we will point that out to them. Hopefully we get an opportunity to review the grading drainage plan. We would love to do that. I'm a licensed engineer. I can hire engineers specifically to do that and we would love to -- to take a shot at that. We just want to make sure at the end of the day that we are not causing -- potentially causing damage to the folks north of us. Strader: Right. Mr. Mayor? Simison: Council Woman Strader. Strader: Thank you. I didn't realize you had that engineering background. That's really helpful. So -- yeah. And so I guess that I would hope that we would catch any major issues, but it's also pretty hard for me to believe that a developer would construct a Page 56 Meridian City Council Special Meeting Item#2. June 29.2021 Page 30 of property they are going to sell and it would have a drainage issue that would imperil that property. So, I'm hoping that's not the case. I have to hope that this all gets sorted out through the normal course of reviewing the drainage plans I guess. But thank you for the feedback. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: First I would love it if Council Woman Strader was correct. Unfortunately, it's frequent that that doesn't happen and that homeowners are left with a problem and you add to that a situation where a homeowner is overwatering their property, not managing their own irrigation use well and compounds the issue. I wanted to hear from staff about a couple of things -- and thank you. The drainage plan in 1.1 .10 to be provided prior to plan approval. Can you give us an idea of the timing of that and the overall process and, then, when you receive that plan, since we don't have any code to go off of, what exactly happens with the applicant at that point? Simison: Is this something for Clint? Mr. Dolsby. Parsons: Mr. Mayor, yeah, I was going to turn it over to Clint and it really happens at the time they submit for final plat. That's when their construction drawings come in. Dolsby: Yeah. Mr. Mayor, Members of the Council, that's correct. When they do submit for final plat their construction drawings come in and they are reviewed by the development services development analysts, who ensure that they comply with all of our codes and that the drainage stays on site and also Ada County Highway District is in charge of the stormwater for the county and they have got their own set of ordinances and rules associated with stormwater as well, but our thing is that you need to -- you need to contain all of your stormwater drainage on site and on site at your development for each and every development in the city. So, you aren't allowed to like let drainage flow off of your site. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Question, Clint. So, even for private streets, that's part of our code, they have to maintain that water from the private -- contain that water from the private streets somehow? Dolsby: Mr. Mayor, Members of the Council, Council Member Hoaglun, yes, inside their development they need to maintain and control all of the stormwater and keep it on site within their developed ground, including the streets and everything as far as far as I know. Hoaglun: Okay. Thank you. Page 57 Meridian City Council Special Meeting Item#2. June 29.2021 Page 31 of Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Thank you, Council Member Perreault, but that -- that's concerning, so that doesn't make me feel any better. So, I guess a question for Clint. It sounds like we don't actually -- I mean it sounds like there is a gap here to me, like we may not have adequate city standards for drainage. We are kind of relying on another agency. We get one bite at the apple. Is there something that the applicant could do now that would definitively take this issue off the table? Is it providing a drainage swale on their own property that diverts the water elsewhere? I mean is there anything that can be done so we will know we are not going to have an issue? Dolsby: Mr. Mayor, Members of the Council, Council Member Strader, I mean one suggestion, if they are willing, is they could provide me an advanced copy of their drainage plan. They usually would submit it with construction plans. I mean it's a little outside the box, but maybe because of the concerns they could provide that plan earlier in the process, so that we could, then, review and kind of ensure that drainage was going to stay on site or drainage was acceptable to kind of the Public Works and, then, we could, of course, share it with -- with you as well. Simison: I think, Clint, maybe just -- I bring Ted into the conversation a little bit as well. And to my poor understanding, but I think maybe what we are getting to is what happened in Boise a couple years ago with, you know, the land and that -- the housing issues and who is ultimately responsible when these type of things come through. And I'm just going to go to my base understanding. We don't have people on staff that do that. The engineer who stamps the plans is the one that has signified that it meets the requirements and does that and I don't want to say what we do is perfunctory -- is that a word -- am I using it correctly? But Ted, Clint, if you could at least help understand where -- what we are really doing in this process in a legitimate fashion so Council has a clear understanding of expectations. Baird: Mr. Mayor, you are correct. It's the engineer who is hired by the developer who stamps that drainage plan and that's the person that's ultimately responsible for it. As you saw in that--the hillside issue in Boise it was ultimately the engineer. The city reviews it, makes sure there is nothing unusual, but we are not certifying what the other engineering has already certified. Simison: Well, to me that clarifies what my understanding is. I just don't know if that helps Council understand also what our role is in determining this issue. Baird: And, Mr. Mayor, as long as I have got the floor, we have kind of gone outside the usual process of back and forth and I just wanted to make sure you gave the developer rebuttal opportunity. Page 58 Meridian City Council Special Meeting Item#2. June 29.2021 Page 32 of Simison: We will. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: On that -- that drainage issue -- and I was going to ask Mr. White to make sure I had the understanding, because I think it is. He wants to make certain that whatever their drainage plan is doesn't cause a problem as the water drains from your property that's coming from other properties and heads out, it's not going to be delayed or detained or in some way allowed to backup and cause any problems on your property, so -- Simison: And I think also the property below. Hoaglun: And the properties below. So, I think we -- I think we are there on the same page. Yeah. What we are doing is making sure there is not -- no damage to the property above, because it's historical drainage and, then, making sure there is -- and from what I heard that the engineer who stamps that will be responsible to make sure that happens. So, I think we are good. Thank you. Simison: No comments from Council? Unless Council has more questions for the applicant specifically. Perreault: Mr. Mayor? Simison: Councilman Woman Perreault. Perreault: I would appreciate it if the applicant would respond to concerns regarding possibly -- possibly -- that the applicant didn't take into account the -- the waivers that are being requested, but that the development could have been just the audience and if he could just give some feedback on that. I understand the -- the geography in some of these situations doesn't allow for long block lengths, just because there is no way to create an intersection in some of these locations. But if you could give more detail I think that would be helpful. Nelson: Mr. Mayor, Council Member Perreault, I would be happy to. So, your code does provide for waivers when you have specific circumstances and so one of the waivers is where you are up against a hillside and that's what's happening in the northeast corner here and so that cul-de-sac length was extended about a hundred feet. Another block length is above the Farr Lateral --just north of the Farr Lateral over in the southwest and your code also allows an extension of the block length where you have a natural feature, such as an irrigation facility that does not allow a through connection there. The -- the new change that we just provided in request to the Council's request to extend these larger lots across the southeast also creates a longer block length there and there is no opportunity for a through street, because Vantage Point doesn't have any stub streets that come up to our neighborhood and so that has now become a longer length there Page 59 Meridian City Council Special Meeting Item#2. June 29.2021 Page 33 of when we took out that turn that was around the park area there. So, all consistent with your code and the language that's in your code that allows each of these waivers or extensions and these are natural features on the site and existing conditions from the Vantage Point layout. It's not something that we have done just to create anything different and, again, our layout just takes advantage of the property that's given to us and provides a nice development within that that meets the MDR designation. So, still at the low end of that density and have all of these natural features to work around. Does that answer your question about the waivers? Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Deborah, while you're here, one of the things -- there was a comment about R- 15, too much density, but the -- my understanding was the only reason you are asking for R-15 was for private streets. It meets density of R-8; is that correct? Did I understand that correct? Nelson: Mr. Mayor, Council Member Hoaglun, that's correct. Staff's interpretation is that we need the R-15 in order to have the gated community for the private streets, but we have agreed to meet the R-8 dimensional standards throughout. Hoaglun: Okay. Thank you. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Deborah, still stuck on drainage. I'm really sorry. There is like apparently 12 acres worth of drainage that's heading toward two of your lots here in the corner. What -- what is the game plan so that those lots don't suffer from structural damage because of water? I mean are you guys putting in a drain, a swale? Is there a game plan with these -- because it's not just the neighbors -- from their end; right? The water backing up? It's also these -- these home sites as well. Nelson: Mr. Mayor, Council Member Strader, yes, we will have to capture that. Absolutely there will be a plan. There is a natural drain there. We will align it in the right location to make sure it works with the graded lots. That -- it's absolutely in the developer's interest and the stamping engineer, as was pointed out, to make sure that this is very functional and so this is not a new game for these guys, they have done a lot of development, they know how that works and they will make sure they have qualified engineers to design that correctly. So, yes, they will design it with that drainage -- natural drainage in mind and the drainage from our property in mind. Strader: Is there any objection -- Mr. Mayor, if I can -- Simison: Council Woman Strader. Page 60 Meridian City Council Special Meeting Item#2. June 29.2021 Page 34 of Strader: -- follow up with one -- one of the suggestions. Is there any issue with providing an advance copy of the drainage plan in this case. That was a suggestion for the Public Works Department, at least to -- maybe not necessarily at the exact time we normally would, maybe a few weeks ahead, just to give maybe a little more time than usual for staff to review if it's a perfunctory review. Simison: Great word. Nelson: Mr. Mayor, Council Member Strader, we will develop that at the time that all the construction plans are developed and so it's developed in conjunction with that. The same engineering work is going into a lot of that and so that will be submitted at the time of the first final -- or not the first final plat-- it will be? For all of it? Okay. I stand corrected. At the very-- at the time of the first final plat, which will be well before we get to this phase, so there will be a lot of time for review there. Strader: So, Mr. Mayor? Simison: Council Woman Strader. Strader: So, then, I think our staff -- I'm just going to repeat back the process. Our staff -- even though an engineer is doing these plans, our staff still needs to review them. So, I'm hoping it's within our control, then, for staff to take whatever adequate time they need to review prior to signing off. Simison: Yeah. I think staff takes all the time they need to do their work. Strader: All right. Thanks. Simison: We are not re-engineering -- reviewing the engineering. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: A couple quick questions. Deb, on the new open space in the center there, it wasn't highlighted in your presentation, but it looks like it's three lots, four lots? How big is that? It is an acre? Nelson: Mr. Mayor, Council Member Borton, it's approximately an acre. Borton: And if-- on just to the east of it in the private street area and I want to walk to it, am I walking down that private driveway to get to it? Nelson: Mr. Mayor, Council Member Borton, you certainly could, but there is a lovely sidewalk that is also along that boulevard to access it as well. Page 61 Meridian City Council Special Meeting Item#2. June 29.2021 Page 35 of Borton: But realistically people aren't going to do a sidewalk all the way around. Unless -- am I looking at it wrong? It looks like they might just go straight and walk down the private drive. Nelson: Absolutely they could. Yeah. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: A different question. Is it -- remind me. Is it all one HOA intended for the whole subdivision? Nelson: Mr. Mayor, Council Member Borton, yes. Borton: Okay. I mean this is one of the funkier parts of it is the disconnect and we have got some geographic -- or some geography issues to deal with, but the southwest and the northeast are as disconnected as you could possibly be for reasons understandable, but if -- you know, one of the conditions is the private streets for 106 homes, paid for by the HOA. We have got some folks -- I'm thinking about the folks over in the southwest who are going to be paying dues for private streets and amenities that they will never touch or see, whether they like it or not. I'm looking if that is correct. Is that a fair -- Nelson: Mr. Mayor, Council Member Borton, I assume that will be allocated accordingly. Cavener: Mr. Mayor? Nelson: You get into the details -- Perreault: Mr. Mayor? Simison: Councilman Cavener. Cavener: If I recall correctly, I think we asked this question I think the last time that it came up and if I remember the applicant said there is a special assessment for the folks who live within the gated portion to have the roadway maintenance covered. I may be -- it's rare that I can remember something with that vivid clarity. So, it could be wrong, but that may be something the applicant would want to address, if my memory is correct or not. Perreault: Mr. Mayor, prior to that response if I may. Simison: Can you answer that question real quick on the private roads? Nelson: Mr. Mayor, Council Member Borton, yes, it's been confirmed, it is a separate dues allocation for the gated area. Page 62 Meridian City Council Special Meeting Item#2. June 29.2021 Page 36 of Borton: Okay. Nelson: And, yes, we did discuss in detail how that's set aside at the last hearing and allocated right from the beginning. But I don't know that this specific question came up about the differential between the two of gated, nongated, and it is separate for the allocation that's assigned. Simison: Council Woman Perreault. Perreault: So, with the -- so, CC&Rs are always based on the goodwill of homeowners. There is no way to get around that. Unless the developer exits their involvement and their voting rights in the HOA, now we are -- now we have neighbors that are executing the conditions. As Councilman Borton stated, we have a variety of different properties here with significantly different ways of living and probably very different needs about what they are expecting from their neighborhood. So, it -- with it -- with the developer's experience, having done these types of properties, a variety of different sizes of homes, sizes of lots, can -- can you give us some examples on how that is addressed through the covenants and specifically what -- what strikes me specifically in this project is that we are going to have some areas to maintain that are really unique. The hillside, for example, and I can imagine some significant challenges in the homeowners association maintaining this very unique MNV. Those decisions being made by individuals who may or may not have any actual knowledge of how to maintain that type of geography. So, I just want some -- you don't have to, you know, give me specific statements out of your covenants. Those probably are not even written yet. However, I want to have some understanding that there is some protection of the -- of the -- some protection of these amenities and that it's going to be written in a way that is kind of foolproof, that the homeowners can't come in and damage what you are attempting to create in the hillside with the features that are so unique to this project. Conger: Yeah. Mr. Mayor, Council Member Perreault, Jim Conger again. 4824 West Fairview. As far as, you know, wrapping the whole conversation up with the association, there -- there -- you --we have done this in numerous communities where we have a mix of residential uses. You have seen it in Paramount where they have the normal homes and, then, the Cadence product that Brighton brings on. So, we have a main association and one goes through and picks all the main attractions that everybody gets to enjoy and -- and you have budgets for that and, then, you have the sub associations of the like residential products. So, the gated area would be a sub association. All of those pay different dues. Your sub associations pay into the main. All of it's managed by one HOA and more importantly, managed by one maintenance company as well. So, that's the -- the luxury of the HOA is containing this big umbrella to make it all function properly. As far as protecting the assets, you know, up front a prudent developer with his proper homeowners association manager will set up funds that -- that are paid into, so they -- they all -- when the maintenance time comes they have money associated with that. All of that is set up in advance and when we leave a community, again, it needs to function Page 63 Meridian City Council Special Meeting Item#2. June 29.2021 Page 37 of economically for the HOA and -- and -- and function, you know, physically on a day-to- day basis. I think I answered that or did not answer that. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: You did. One question and one comment. The question I have is how does -- how does the voting work, then, with these sub -- the sub associations? Are they actually -- I mean it's one board that's making decisions for the entire community. Sub associations have -- do they have separate voting -- I mean help us understand. And the reason that I'm getting so detailed in this is just really a unique property and my anticipation is if this isn't executed -- and we have all seen situations where everything can be -- CC&Rs can be written perfectly, we could try to think through all the possible scenarios of what could go wrong, but there are just situations where the homeowners -- it was just not managed well and now all of a sudden we have a neighborhood in this area, amongst other very well designed, well executed neighborhoods, which just isn't looking so great and I think -- and the reason I'm asking that is because I think there are some unique features to this that -- that were -- that could become an issue and you as the developer can -- can design it, set it up perfectly. But I just want to -- I just I guess I want to understand that that there is -- they are structured in a way that -- that there is some solutions that can be given to future board members, future HOA decision makers, that--that can help them solve some of those issues. I don't know if I'm explaining myself well. Conger: Excellent explanation. Mr. Mayor, Council Member Perreault, I will answer tonight and at anytime maybe a coffee meeting to go further over CC&Rs would -- would be amazing, because we love it. We actually -- every project gets set up --we use Givens Pursley -- a different division than Deb, of course, and we go through it from scratch. What -- and it's exactly that, what are the needs, what are financial needs, what are potential pitfalls. You know, as far as this property, this is a cakewalk compared to our Movado. We had four different single family residential uses that were all sub associations and we had an apartment project and the commercial in the front, which were two other subs. So, we ended up with six sub associations. Regional pathways. And as far as expenses in this one being more unique, we actually have less risk than our pool facilities that we put in Movado. This homeowner doesn't need the pool in what we are demographic targeting, but if we had it we would actually have bigger risk and things of that nature as far as setting money aside and such. So, all of that is not taken lightly. Your questions are amazingly on point. We aren't here for one project, as everybody knows. They have seen us for a long time now. You are only as good as your CC&Rs and how you leave that neighborhood. So, that's up top to one of the most important things. That and drainage and grading. Those two items are most important. Simison: Thank you. Council, additional questions? Or motions? Cavener: Mr. Mayor? Page 64 Meridian City Council Special Meeting Item#2. June 29.2021 Page 38 of Simison: Or dialogue. Councilman Cavener. Cavener: Every part about me wants to make a motion to close the public, but I fell like we should keep it open just to allow -- if there is any additional deliberation amongst Council before we are ready to -- to render a decision. So, you can grab a seat, but we may pull you back up. Mr. Mayor, I'm happy to start. Simison: Councilman Cavener. Cavener: I think I made my feelings about this project well known when it was before us last. I liked what made this product innovative in the previous design. I think it loses a little of its charm, but I understand they are doing that to appease some of the values that are important in our community. So, I think they took some of the comments from Council, added the sidewalks, moved the open space, reallocated some lots. Overall I'm very very supportive of this project. I trust our staff that when it comes to drainage that they are going to look at those plans appropriately and I see no reason why I need to be opposed to this project tonight. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I appreciate some of the changes that were made from the last meeting. I watched the last meeting. One issue that I don't like is sidewalks on one side of the street. I don't agree with that. I understand that the developer has a viewpoint about -- about -- about not wanting that for part of the subdivision. I do feel like that cake was baked. I want to respect some of the feedback and direction that was given to the developer by Council in the last meeting. So, I think I can get over that issue. It meets open space -- where we are going on open space, but not -- not by a ton. I am -- I am concerned that - - it sounds to me like we have a real gap in terms of just understanding the topography and an area -- we don't have very many areas like this in the city where we have a geologic feature, like a rim and -- and we are trying to make sure that we have good drainage and we are kind of upholding the natural landscape and the beauty of that landscape. I'm concerned that there is a gap there. I wish we could, you know, have -- have paused development in this area to study this area further and get some recommendations from staff on how to best treat it. I'm not -- I haven't quite made up my mind yet in this meeting. I'm a little bit on the fence. There is -- I think there have been some positive changes by the developer. I'm happy that I'm hearing -- I think there is support for a south fire station or I wouldn't even consider voting for this, but I'm still making my mind up right now. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Page 65 Meridian City Council Special Meeting Item#2. June 29.2021 Page 39 of Hoaglun: Yeah. I'm in agreement with Councilman Cavener and I kind of like the fact that they pushed the envelope a little bit for the city in their first design, because that is not something -- how we typically do things and, you know, we are all about central locations and those types of things and with an 80 acre site trying to split that up and create different areas of-- of community -- you know. And that was a novel approach and it didn't fly, but -- and now we have -- you know, have to deal with longer streets and for a way the topography and laterals work and hillsides, so I'm okay with that. I do like the fact that we are treating our hillsides area similarly, with Chief Bongiorno pointing out for the WUI and -- and how we handle the grasses and it's kind of exciting to have pathways on -- on hillsides, because we don't have much of that in Meridian. So, I think that was a good treatment and I'm satisfied with how the drainage process will work to protect everyone involved in that. So, I'm certainly in favor of this. Simison: Mr. Dolsby, you had your hand raised? Was there a comment you were going to make? Dolsby: Yes, Mr. Mayor, Members of the Council. I just wanted to add a little more context. We have a section in our City of Meridian Public Works design standards that revolves all around grading and drainage that I was just reading here for a while. It outlines requirements that they are going to have to do when they are developing their grading and drainage plan. It references some ACHD standards that they need to abide by when they are developing the plan, sort of kind of walks them through the process on technical requirements we have for drainage plans. What they need to go through to like ensure compliance, that sort of thing. I just wanted to make sure you were aware of that. Thanks. Simison: Thank you, Clint. Council, any additional comments? Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I -- I was pretty specific last meeting in regard what I would have liked to have done, the changes that I -- that I -- that we recommended and I'm appreciative that the developer listened and did exactly what we told them to do. So, with that I'm in support. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I had to exit our last hearing, but I did -- I did watch the rest of the meeting and I was waiting to give my opinion, because I wanted to hear from the Council Members who were here. I think it was very -- I think it was clear what Council requested of the applicant and I think the applicant has really attempted to meet everything that Council asked them last meeting to the best of their ability. Curious if Council Member Borton, who was present, has any other -- has anything else to add before I share my thoughts. Page 66 Meridian City Council Special Meeting Item#2. June 29.2021 Page 40 of So, I would like to really hear from everybody who was here. Although watching the video is effective, but being here is -- it's not quite the same, but -- if he has no comments, then, I will proceed. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: I have been staying pretty quiet. I think the applicant answered the questions that we left the applicant with after the last meeting. You know, I -- it's not a big -- the topography of this project and the location of the waterway on the south -- southwest creates some challenges that are -- it just creates and invites some disconnect, which I have struggled with, understanding that there might not be a lot that you can do and it is a little more disconnected than some of other communities that we see. I had wrestled with -- and we talked at the last hearing about, you know, a larger common open space, some of the more traditional clubhouse, pool, amenities that we see and the applicant's proposed something different and tried to break that up and allocate the open space, dog park, things like that throughout the community to make it more accessible for-- to people to use their one to two acre park-- pocket park. Smaller open space and that's innovative. To Councilman Cavener's perspective asking them to stretch a little and do things different. You know, the gated community and the private streets is a larger component, but seeings it was discussed at the last meeting it can be done well and it's different and I think those circumstances might provide and tip the scales towards approval from me, understanding that that's really what was -- what we are trying to see is something a little bit different, because there is challenges here, but the applicant has done a good job trying to overcome them, so -- I think that the items asked to be addressed were addressed. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Tough property to design and I -- despite being familiar with the applicant's -- some of the applicant's other projects and similar subdivisions in the area, it's still hard to get a sense of it looking in a two dimensional photograph and drawings. I -- and the applicant has met the standards and there isn't anything on here that I can argue with as far as the conditions. The applicant's agreeing to the conditions. But I also don't have anything that wows me either as far as -- I still feel like -- I -- we need -- we need the density, so it's one of those things where for me I have to balance what I know we need as a city. The applicant is not asking us to change any zoning. They are not asking us to, you know, have higher density. So, with that I have to kind of leave that be. Not, because I think that I want -- not because I would like to see this area of Meridian necessarily stay estate lots, but because it's just -- it's really just hard to see 80 acres in an area on the edge of town -- currently on the edge of town -- although I realize that there is a need for it. So, I guess what I'm trying to indicate is I hoped there would be just a little bit more -- I don't know to explain what I'm trying to say. There is quite a bit of Page 67 Meridian City Council Special Meeting Item#2. June 29.2021 Page 41 of amenities here. The applicant has -- has -- has done really -- everything that -- that Council requested in the last meeting, but what I would still -- standing out to me from this is few trees and a lot of streets and that's what I see when I look at this and I'm just trying to reconcile that for myself and it's not -- it's not a criticism, it's just an observation and I struggle with the same as Council Woman Strader. There is some really great things about this. Unique properties. I am happy that the applicant added some larger lots. I hope that would be -- I would hope that would appeal to the Southern Rim Coalition as that is something that's a priority of theirs. So, I can't say that there is anything in here that I specifically would not approve, I just am -- I can't -- I'm not exceptionally excited. That's a long explanation, but that being said I assume we are ready for a motion. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I move we approve -- Hoaglun: Whoa. Whoa. Cavener: Oh. Mr. Mayor, I move that we close the public hearing. Thank you. Making sure you are all paying attention. Close the public hearing on Item 1, annexation and preliminary plat for H-2020-0127. Hoaglun: Second the motion. Simison: I have a motion and a second to close the public hearing. Is there any discussion on the motion? If not, all in favor signify by saying aye. Opposed nay. The ayes have it. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I move we approve Item No. 1, H-2020-0127, inclusive of the conditions of approval provided by staff on June 29th and include all applicant, staff, and public testimony. Strader: Mr. Mayor? Hoaglun: Mr. Mayor, I will second the motion. Simison: I have a motion and a second. Is there discussion on the motion? Council Woman Strader. Strader: Mr. Mayor, I would like to think about putting in a condition, which I believe reflects the applicant's own agreement that they will not put in any fill that raises the Page 68 Meridian City Council Special Meeting Item#2. June 29.2021 Page 42 of elevation of their property higher than the neighbors to the south in Vantage Point, without an exception from the city Public Works staff. Simison: Council Woman Perreault. Perreault: Sorry about that. For clarification, Council Woman Strader, we talked about raising the ground level to build, but really it's ultimately the height of the home there, so can you clarify what it is that you are -- Strader: Yes. I'm not concerned about the height of the homes. I actually don't think the view shed argument for me personally in this application is -- is very compelling, given that the neighboring homes are at a higher elevation and most of them multi-story buildings. The issue that -- that I am concerned about is seeing the large level of fill on this property that makes it so that the drainage from the 12 surrounding acres actually pools in the Vantage Point properties. It sounded to me like the applicant was agreeable that they will not be doing that level of fill that would actually raise it above the -- the neighbors in Vantage Point. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I appreciate the request from Council Member Strader. Again, I understand the applicant is going to have to adhere to all city, state, and federal law. I get a little nervous about a precedent about starting to condition the amount of fill that can or cannot go into a particular project. I hear what you are hoping -- I hear what you are trying to achieve. I guess I feel more confident that that's already going to be achieved at the -- at the city and state level. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I guess my -- my concern and I will take it upon myself to get more educated on drainage and grading issues, but my concern is I'm hearing that there is a pretty significant gap that we are not reviewing from an engineering standpoint and that city and federal law are not preventing problems in surrounding neighborhoods that are being seen and even fellow Council Members that are saying that there could be an issue. I guess I would just like to see an exception from -- from staff if this were to occur, that it made sense for some reason. I just -- I don't have confidence that this drainage issue is going to be avoided at this point. That's okay, you can move forward, but I probably would vote no. Simison: And I think just from -- I think the -- no disrespect to all the engineers in the room, including the neighbor, sometimes engineers get it wrong and I don't think that we can correct that, if that's the case in individual homeowner situations where sometimes engineers or people doing the work get it wrong, even when they try to do the grading, Page 69 Meridian City Council Special Meeting Item#2. June 29.2021 Page 43 of even if it met to how the engineer defined it. So, yes, I have got a drainage issue at my house as well. My neighbor's stuff drains into my yard. I'm not as concerned about it, I just talked to my sprinkler guy and we turned off my sprinklers and they water my yard for me. So, I mean it's one of those things where I -- again, I understand what you are saying from a practical standpoint, but the -- I think the issue you are trying to correct is really one about whether or not the engineering is done correctly and what happens if it's not. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I guess I'm -- I'm just reacting to the topography and that it's not a sprinkler issue, that it's like 12 acres of land that drained into this property specifically and that we haven't, as a city, studied this geological area to understand the best way to sort of handle it is my hesitation. I -- and I realize I'm an outlier on this one. I'm off on my own. I will try to study up on it. But I -- I'm hearing about a big concern that I don't feel is being addressed at this point. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: I thought I recalled the applicant being comfortable in planning to develop in a fashion consistent with that condition anyway. I don't know if there is a head nod or not. Yeah. That condition couldn't certainly hurt to convey here, so if it's -- as Council Woman Strader had represented for all those lots along the southern portion -- probably all of them. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I don't think there is anything that would prevent the applicant, if that's something that they want to do. I just get very reluctant to conditioning something like that. How it's enforced. How we are monitoring that. I just -- I just think that is -- that's not -- I considered that when making the motion and chose not to include that particular piece, just because I think it sets somewhat of a dangerous precedent that I'm not comfortable with. Motion fails and we want to reopen the public hearing and talk, I'm happy to do that. Simison: Further discussion on the motion? Okay. Then with that I will ask the Clerk to call the roll. Roll call: Borton, yea; Cavener, yea; Bernt, yea; Perreault, yea; Hoaglun, yea; Strader, nay. Page 70 Meridian City Council Special Meeting Item#2. June 29.2021 Page 44 of Simison: Five ayes. One no. And the item is agreed to. MOTION CARRIED: FIVE AYES. ONE NAY. Simison: Thank you all for coming out this evening and coming back for those that have been here multiple times for this project. With that, Council, we are at the end of our agenda. Do I have a motion? Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we adjourn the meeting. Hoaglun: Second the motion. Borton: I have got a motion and a second to adjourn the meeting. All those in favor signify by saying aye. Opposed nay. The ayes have it. We are adjourned. MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 8:22 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 7 13 /2021 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Page 71 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Delano Subdivision No. 1 Emergency Access Easement Page 3 ADA COUNTY RECORDER Phil McGrane 2021-099362 BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 06/30/2021 10:48 AM CITY OF MERIDIAN, IDAHO NO FEE EMERGENCY ACCESS EASEMENT AGREEMENT THIS AGREEMENT made this 29th day of June , 2021 ,between Challenger Development Inc., hereinafter referred to as "Grantor" and the City of Meridian, an Idaho municipal corporation, hereinafter referred to as "Grantee"; WITNESSETH: WHEREAS, Grantor is the owner of real property on portions of which the City of Meridian is requiring an access area for emergency vehicles as a condition of development approval; and WHEREAS, Grantor desires to grant an easement for ingress and egress across those certain parts of Grantor's property defined herein to allow for emergency vehicle access; and WHEREAS, Grantor shall construct certain improvements upon the easement described herein; and NOW, THEREFORE, the parties agree as follows: THE GRANTOR does hereby grant unto the Grantee an easement on the following property, described on Exhibit"A" and depicted on Exhibit"B" attached hereto and incorporated herein. THE EASEMENT hereby granted is for the purpose of providing a non-exclusive easement and right-of-way on, over, across and through Grantor's property with the free right of access to such property at any and all times and for the purpose of allowing egress and ingress to and from the property for emergency vehicle access. Pursuant to the International Fire Code, this access road shall be constructed of an improved surface capable of supporting 80,000 GVW; TO HAVE AND TO HOLD, said easement unto said Grantee, its successors and assigns forever; THE GRANTOR, hereby covenants and agrees that no structures shall be constructed, erected, or placed upon the surface of the easement area that would materially impair the normal operation or use of the easement area for emergency vehicular purposes. No parking of vehicles within the easement area shall be permitted. THE GRANTOR hereby covenants and agrees that it will not place or allow to be placed any permanent structures, trees,brush, or perennial shrubs or flowers within the area described for this easement,which would interfere with the use of said easement, for the purposes stated herein. IT IS EXPRESSLY UNDERSTOOD AND AGREED,by and between the parties hereto, that the Grantor shall repair and maintain the access roadway improvements. EMERGENCY ACCESS EASEMENT,PAGE 1 02/14/2020 Page 4 THE GRANTOR hereby covenants and agrees with the Grantee that should any part of the j easement hereby granted become part of,or lie within the boundaries of any public street,then., to such extent such easement hereby granted which lies within such boundary thereof or which is a part thereof,shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that it is lawfully seized and possessed of the aforementioned and described tract of land, and that it has a good and lawful right to convey said easement,and that it will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF,the said Grantor has hereunto subscribed its signature the day and year first hereinabove written. GRANTOR Challenger Development Inc. I orey Barton, P si t STATE OF IDAHO )ss County of Ada ) This record was acknowledged before me on56nejtOD�ate)by 11 on behalf o Challenger Development,Inc.,In the following represen ative capacity: VniAejr (type of authority such as officer or trustee) 1%AQ1'CpMMlSS1G Notary Signature C)° XPM g&5-2022 My Commission Expires:ZZ NJ' - •��.9�FGF i0���'•�fL o IlII EMERGENCY ACCESS EASEMENT,PAGE 2 02/14/2020 Item#1. GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 6-29-2021 Attest by Chris Johnson, City Clerk 6-29-2021 STATE OF IDAHO, ) ) ss. County of Ada ) This record was acknowledged before me on 6-29-2021 (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 EMERGENCY ACCESS EASEMENT,PAGE 3 02/14/2020 page 6 Item#1. 5awtooth Land 5urveying, LLC A. h k - A,/ 2030 S. Washington Ave. 1 044 Northwest Blvd., Ste. G 4 1 �''` Avenue East � l roor Emmett, ID 83G 17 Coeur d'Alene, ID 8381 4 Jerome, ID 83338 Cy,nf P: (208) 398-8104 P: (208) 714-4544 F': (208) 329,5303 F: (208) 398-8 1 05 F: (208) 292-4453 : : (208) 324-38?1 Emergency Fire Access Legal Description BASIS OF BEARING for this description is North 00101'00"West, from a brass cap marking the southeast corner of Section 32 and the brass cap marking the E1/4 Corner of Section 32, both in T. 4 N., R. 1 E., B.M., Ada County, Idaho. An easement being located in the N1/2 of the SE1/4 of Section 32, T. 4 N., R. 1 E., B.M., Ada County, Idaho, more particularly described as follows: COMMENCING at a brass cap marking the E1/4 Corner of said Section 32; Thence South 89139'12"West, coincident with the north line of said SE1/4 of Section 32, a distance of 1271.70 feet to the POINT OF BEGINNING; Thence South 00018'00" East, 100.39 feet; Thence South 89142'00"West, 20.00 feet; Thence North 00118'00"West, 100.38 feet to said north line; Thence North 89139'12" East, coincident with said north line, 20.00 feet to the POINT OF BEGINNING. Said easement contains 2,008 square feet and/or 0.046 acres, more or less. �� uc 11 74 �lrt �i 'Or OF P:\2018\18094-DELANO SUBDIVISION-CMG\Survey\Drawings\Descriptions\18094-emergency fire access Legal.doc 1 1 Page 7 Item#1. G � G � SOAINY.99 140 SIS[vS 6T/bKY97 M,,OOO,TO7oOO N nN'1 W M M O q�Q �1 � l�Y g 'N ----M ;^ O �l ZZ"' �cyo A Q,y��n cUn 0v0 I d co no 00 2 pc§.., I= ch , l 0 nn M O W F- U LL a �U W\OD W a � W O � N O ♦ lO ..i 4D O r Rl N F-- � C9 N ~ o� j N 40 C — EI D R W o O to N z 8uj c7 `L u O Q co �'0�ld 5ua�j � � I ZN = �jx0 i I Z U LL!] ui Lu / - w W W ,6£'OOT 9„00,8To00 S - o^ 'rld (100.KHSV(l 'M ,S£'OOT M „00,8To00 N 00 Ln \ m I i I W — I z i I I Page 8 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Edington Place Pedestrian Pathway Easement Page 9 ADA COUNTY RECORDER Phil McGrane 2021-099365 BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 06/30/2021 10:49 AM CITY OF MERIDIAN, IDAHO NO FEE Project Name(Subdivision): Edington Place PEDESTRIAN PATHWAY EASEMENT THIS AGREEMENT, made this 29th Day of June, 2021 between C4 Land PLC hereinafter referred to as "Grantor", and the City of Meridian, an Idaho municipal corporation, hereinafter referred to as"Grantee"; WITNESSETH: WHEREAS, Grantor is the owner of real property on portions of which the City of Meridian desires to establish a public pathway; and WHEREAS, the Grantor desires to grant an easement to establish a public pathway and provide connectivity to present and future portions of the pathway;and WHEREAS, Grantor shall construct the pathway improvements upon the easement described herein;and NOW, THEREFORE,the parties agree as follows: THE GRANTOR does hereby grant unto the Grantee an easement on the following property, described on Exhibit "A" and depicted on Exhibit "B" attached hereto and incorporated herein. THE EASEMENT hereby granted is for the purpose of providing a public pedestrian pathway easement for multiple-use non-motorized recreation, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, said easement unto said Grantee, its successors and assigns forever. THE GRANTOR hereby covenants and agrees that it will not place or allow to be placed any permanent structures,trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the pal-ties hereto, that the Grantor shall repair and maintain the pathway improvements. THE GRANTOR hereby covenants and agrees with the Grantee that should any part of the easement hereby granted become part of, or lie within the boundaries of any public street, Pedestrian Pathway Easement REV.01/01/2020 4- t then, to such extent such easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that it is lawfully seized and possessed of the aforementioned and described tract of land, and that it has a good and lawful right to convey said easement, and that it will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said Grantor has hereunto subscribed its signature the day and year first hereinabove written. GRANTOR: C4 Land LLC Am Jim Conger, Member STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on (date) by &4vlt (name of individual), [complete the following if signing in a represent Rive apacity o trike the following if signing in an individual capacity] on behalf of ��l� A 0, (name of entity on behalf of whom record was executed), in the following representative capacity: m ArJJA , (type of authority such as officer or trustee) (stamp) N 6'1� III ,,��e�u�a�o••••, Notary Signature My Commission Expires: ' '•�. eeeee••e•ee• ,,, .•'t1OTAR Y:� t: OF Pedestrian Pathway Easement REV.01/01/2020 Item#2. GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 6-29-2021 Attest by Chris Johnson, City Clerk 6-29-2021 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 6-29-2021 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk,respectively. (stamp) Notary Signature My Commission Expires: 3-28-2022 Pedestrian Pathway Easement REV. 01/01/2020 Page 12 EXHIBIT A Item#2. Sawtooth Land Surveying, LLC 2030 5. Wa5hin6jton Ave. 1044 Northwest Blvd., Ste. G 14 1 1"Avenue East ,5jWr007_f Emmett, ID 83617 Coeur d'Alene, ID 83814 Jerome, ID 83338 P: (205) 398-5104 P: (205) 714-4544 P: (208) 329-5303 F: (208) 398-8 1 05 F: (208) 292-4453 F: (205) 324-382 1 On-Site City of Meridian Pathway Legal Description A 14-foot wide easement located in the NW1/4 SW1/4 SW1/4 of Section 36, Township 4 North, Range 1 West of the Boise Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at the S1/16 corner common to Sections 35 and 36, from which the southwest corner of said Section 36, bears South 00014'51"West, 1318.78 feet distant; Thence South 88°56'15" East, coincident with the north line of the SW1/4 5W1/4 of said Section 36, a distance of 196.95 feet to the POINT OF BEGINNING; Thence continuing South 88056'15" East, coincident with said north line, 43.10 feet; Thence South 69158'51" East, 456.35 feet to the east line of said NW1/4 SW1/4 SW1/4; Thence South 00117'40"West, coincident with said east line, 14.87 feet; Thence North 69058'51"West, 502.13 feet to the POINT OF BEGINNING. The above described easement contains 6,709 square feet or 0.154 acres, more or less. BASIS OF BEARING for this description is North 00014'51"West, between the southwest corner of Section 36 and the W1/4 corner common to Sections 35 and 36, Township 4 North, Range 1 West of the Boise Meridian. LANDS %S TEq 105 1 9141 Q of M. B P:\2019\19292-EDINGTON SUBDIVISION -CMG\Survey\Drawings\Descriptions\19292-ON SITElKG7rHWAY Legal.docx Page 13 EXHIBIT B Item#2. / � � rn ^O � w •y O 2 vZi / w o I '��8 0 �88� J UN 0 vi � O � � N I 7 y -4 y f�J' 20 mod. P'` �,�. j y \ss s� �i, o lox o � o b0 z � .b W oWo Q � o � w I� � a iLq i � a — — a aid �n cLnatg M M y Otf 2/30NIT'N p 0 O W ti) tiinao� �`^ ry —.1 ."I"bToOO N �✓ S p 59NRIV3B-40 SISW u Page 14 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: New Commercial Building for Eckhardt Companies, Inc. Water Main Easement No. 1 Page 15 ADA COUNTY RECORDER Phil McGrane 2021-099363 BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 06/30/2021 10:48 AM CITY OF MERIDIAN, IDAHO NO FEE Proicct Name(Subdivision): New Commercial Building for Echardt Company,Inc. 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 29th day of June , 20 21 between Eckhardt Family, LLLP ("Grantor"),and the City of Meridian,an Idaho Municipal Corporation("Grantee"); WHEREAS,the Grantor desires to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described;and WHEREAS, the water main is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee,with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED,by and between the parties hereto,that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures, trees,brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any Water Main Easement Version 01/01/2020 Item#3. public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land,and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns,heirs,personal representatives,purchasers,or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: �t- / 4"-- STATE OF IDAHO ) Payette ) ss County of*da-• This record was acknowledged before me on ` (date) by C h eh t R md0 r c* (name of individual), [complete the following if signing in a representative capacity, or strike the following if signing in an individual capacity] on behalf of Eckhardt Family, LLLP (name of entity on behalf of whom record was executed), in the following representative capacity: Ca - A o enf (type of authority such as officer or trustee) (stamp) N'R' �i Notary Signature ` p•N e} My Commission Expires: D 124 OTAR :N= pUBL�G OF 'fill fillIII%� Water Main Easement Version 0 1/0 1/2020 Page 17 Item#3. GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor 6-29-2021 Attest by Chris Johnson, City Clerk - -2021 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 6-29-2021 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. (stamp) Notary Signature 3-28-2022 My Commission Expires: Water Main Easement Version 01/01/2020 Page 18 Item#3. km E N G I N E E R I N G June 3, 2021 Lot 3, Bountiful Commons Project No. 20-213 Legal Description Exhibit A A parcel of land for a City of Meridian Water Easement being a portion of Lot 3, Block 1 of Bountiful Commons Subdivision (Book 115 of Plats at Pages 17336-17339),situated in a portion of the Southwest 1/4 of the Northwest 1/4 of Section 25,Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho and being more particularly described as follows: Commencing at a found 1/2-inch rebar marking the Northeast corner of said Lot 3, which bears S89°24'36"E a distance of 258.53 feet from a found brass plug marking the Northwest corner of said Lot 3,thence following the easterly boundary line of said Lot 3,S00°19'52"W a distance of 47.03 feet; Thence leaving said easterly boundary line, N89*40'08"W a distance of 15.50 to a point on the westerly line of an existing City of Meridian Sewer and Water Easement, Instrument Number 2018-098357, and being the POINT OF BEGINNING. Thence following said westerly line, S29'01'45"W a distance of 20.70 feet; Thence leaving said westerly line, N89°04'45"W a distance of 15.94 feet; Thence N00'19'53„E a distance of 17.99 feet; Thence S89°40'08"E a distance of 8.8u feet to s-aid westerly lire; Thence following said westerly line, S89*40'08"E a distance of 17.00 feet to the POINT OF BEGINNING. Said parcel contains 378 Sq. Ft., more or less, and is subject to any existing easements and/or rights-of-way of record or implied. All subdivisions,deeds, records of surveys and other instruments of record referenced herein are recorded documents of the county in which these described lands are situated in. Attached hereto is Exhibit B and by this reference is hereby made a part hereof. NL LAND C E N S 10Or CL 662 M LP �o ,f 9TF OF \�P� F<< Y K EH��" 5725 North Discovery Way • Boise, Idaho 8 713 • 208.639.6939 • knienglip.com Page 19 Item#3. POINT OF COMMENCEMENT NW COR, LOT 3, BLOCK 1 NE COR, LOT 3, BLOCK 1 BOUNTIFUL COMMONS SUBDIVISION BOUNTIFUL COMMONS SUBDIVISION FOUND BRASS PLUG FOUND 1/2—INCH REBAR I ' BASIS OF BEARING — — S89'24'36"E 258.53' I I I � 0 Lot 3, Block 1 Bountiful Commons Subdivision I N POINT OF BEGINNING CITY OF MERIDIAN SEWER AND WATER i b EASEMENT PER INST. No. 2018-098357 ———J o LINE TABLE n L4 —L5— 2.00' LINE BEARING DISTANCE / L1 S29'01'45"W 20.70 JI 378 Sq.Ft. L2 N89'04'45"W 15.94 I v N89'40'08"W ll L3 NO'19'53"E 17.99 L�—L2—�/. 15.50'(TIE)' L4 S89'40'08"E 8.88 L5 S89'40'08"E 17.00 / LEGEND / O FOUND 1/2—INCH REBAR Q FOUND BRASS PLUG \J*NL LApOs CALCULATED POINT ��CENS� 11.11, ————————— EASEMENT LINE, NEW a 6662 ' ——————— — — EASEMENT LINE, EXISTING 4P �o — — — SURVEY TIE LINE •f�•��Y OF K 0 E LOT LINE 0 20 40 60 Plan Scale: 1" =20' E N G I N E E R I N G 5725 NORTH DISCOVERY WAY BONE,208)63DAHO 3713 -693 EXHIBIT B - CITY OF MERIDIAN WATER EASEMENT PHONE(208)639-6939 kmengllP.Com BOUNTIFUL COMMONS LOT 3 DATE: June 2021 PROJECT: 20.213 SHEET: Being a portion of Lot 3, Block 1 of Bountiful Commons Subdivision,situated in a portion of 1 OF 1 the SW 1/4 of the NW 1/4 of Sec.25,T.4N.,R.1W.,B.M., City of Meridian,Ada County, ID Page 20 Item#3. 17.00 ° s89°40'08"e a � by o `v �� c `' 09°04'45"w 15.94 Title: 20-213 City of Meridian Water Easement Date: 06-03-2021 Scale: 1 inch=20 feet File: Deed Plotter.des Tract]: 0.009 Acres: 378 Sq Feet:Closure=n15.4319w 0.00 Feet: Precision=1/24164: Perimeter= 81 Feet 001=s29.0145w 20.70 003=n00.1953e 17.99 005=s89.4008e 17.00 002=n89.0445w 15.94 004=s89.4008e 8.88 Page 21 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Shelburne East No. 3 Pedestrian Pathway Easement No. 1 Page 22 ADA COUNTY RECORDER Phil McGrane 2021-099372 BOISE IDAHO Pgs=5 CHE FOWLER 06/30/2021 10:51 AM CITY OF MERIDIAN, IDAHO NO FEE Proiect Name(Subdivision): SHELBURNE EAST NO 3 PEDESTRIAN PATHWAY EASEMENT THIS AGREEMENT, made this 29th day of Tune , 2p 21, between Shelburne Properties LLC hereinafter referred to as "Grantor", and the City of Meridian, an Idaho municipal corporation, hereinafter referred to as"Grantee"; WITNESSETH: WHEREAS, Grantor is the owner of real property on portions of which the City of Meridian desires to establish a public pathway;and WHEREAS, the Grantor desires to grant an easement to establish a public pathway and provide connectivity to present and future portions of the pathway;and WHEREAS, Grantor shall construct the pathway improvements upon the easement described herein; and NOW,THEREFORE,the parties agree as follows: THE GRANTOR does hereby grant unto the Grantee an easement on the following property, described on Exhibit "A" and depicted on Exhibit `B" attached hereto and incorporated herein. THE EASEMENT hereby granted is for the purpose of providing a public pedestrian pathway easement for multiple-use non-motorized recreation, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, said easement unto said Grantee, its successors and assigns forever. THE GRANTOR hereby covenants and agrees that it will not place or allow to be placed any permanent structures,trees,brush,or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto,that the Grantor shall repair and maintain the pathway improvements. THE GRANTOR hereby covenants and agrees with the Grantee that should any part of the easement hereby granted become part of, or lie within the boundaries of any public street, Pedestrian Pathway Easement REV.01/01/2020 Item#4. then, to such extent such easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that it is lawfully seized and possessed of the aforementioned and described tract of land, and that it has a good and lawful right to convey said easement, and that it will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said Grantor has hereunto subscribed its signature the day and year first hereinabove written. GRANTOR: STATE OF IDAHO } ) ss County of Ada ) This record was acknowledged before me on (date) by Randal S Clarno (name of individual), [complete the following if signing in a representative capacity, or strike the following if signing in an individual capacity] on behalf of Shelhnrne Properties I.I.(1 (name of entity on behalf of whom record was executed), in the following representative capacity: Managing member {type of authority such as officer or trustee) (stamp) Notary Signature KENT BROWN My Commission Expires: COMMISSION#32341 NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRES 07rL r4n 101WPedestrian Pathway Easement REV. 01/01/2020 Page24 Item#4. GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor 6-29-2021 Attest by Chris Johnson, City Clerk 6-29-2021 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 6-29-2021 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk,respectively. (stamp) Notary Signature My Commission Expires: 3-28-2022 Pedestrian Pathway Easement REV. 01/01/2020 Page 25 Item#4. PEDESTRIAN PATHWAY EASEMENT PROPOSED SHELBURNE EAST SUBDIVISION NO. 3 LOCATED IN THE SW 1/4 OF THE SE 1/4 OF SECTION 28, T.3N., R.1E., B.M. CITY OF MERIDIAN, ADA COUNTY, IDAHO 21.92' v�N� S89'19'52"E co 41944 SFUj Uj ���p� p 1 'L1/� �� 9�G, m pQpS�O��S\pN N �•(�F�F�o. \\S��eo9 M o CO\ N Z 08, C o o a- N ,� cn ,9 rn 0 w rh 00 N O Z W J Q 0 W O J U 28 _ _ 1330_.32' —T- N _ _ 13_30.22' 28 27 1/4 33 E. AMITY RD. S89'14'43"E 2660.54' E 1/16 33 34 BASIS OF BEARING I0' 60' 120' 240' \�NNL LA/y�S 0 a. 0 ,q PELa n Iultlons o F `�,�A�S� Land Surveying and Consulting O/V W. ``r 231 E.5TH ST.,STE.A 47MERIDIAN,ID 83642 (208)288-2040 (208)288-2557 fax www.landsolutions.biz JOB Page 26 Item#4. Legal Description Pedestrian Pathway Easement Shelburne East Subdivision No. 3 An easement being located in the SW % of the SE '/4 of Section 28, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a Brass Cap monument marking the southwest corner of the SE %4 of said Section 28, from which an Aluminum Cap monument marking the southeast corner of said SE % bears S 89014'43" E a distance of 2660.54 feet; Thence S 89014'43" E along the southerly boundary of said SE '/4 a distance of 1330.32 feet to the southeast corner of said SW %4 of the SE '/4; Thence along the easterly boundary of said SW%4 of the SE '/4 N 0°28'36" E a distance of 1094.64 feet to a point on the northerly right-of-way of the Tenmile Feeder Canal, the POINT OF BEGINNING; Thence along said Tenmile Feeder right-of-way the following courses and distances: Thence N 53028'09" W a distance of 51.73 feet to a point; Thence N 49°38'32" W a distance of 315.40 feet to a point on the northerly boundary of said SW'/4 of the SE %4; Thence leaving said right-of-way and along said boundary S 89°19'52" E a distance of 21.92 feet to a point; Thence leaving said boundary S 49°38'32" E a distance of 298.06 feet to a point; Thence S 53°28'09" E a distance of 41.08 feet to a point on the easterly boundary of said SW Y4 of the SE '/4, Thence along said easterly boundary S 0028'36" W a distance of 17.32 feet to the POINT OF BEGINNNING. This easement contains 4,944 square feet (0.113 acres) more or less and is subject to any other easements existing or in use. ONp L LA N,S Clinton W. Hansen, PLS G r E p Land Solutions, PC �� F June 7, 2021 0 0 �- 11118 11 9TF F 'LT0 N W \A P� � �lutjons Shelburne East Subdivision No.3 Pathway Easements 9-0 Q "-Land Sunieying and Consulting Job No. 1 � ofo f Page 1 Page 27 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Shelburne South No. 1 Pedestrian Pathway Easement No. 1 Page 28 ADA COUNTY RECORDER Phil McGrane 2021-099380 BOISE IDAHO Pgs=9 BONNIE OBERBILLIG 06/30/2021 10:55 AM CITY OF MERIDIAN, IDAHO NO FEE Proiect Name(Subdivision): SHELBURNE SOUTH NO 1 PEDESTRIAN PATHWAY EASEMENT THIS AGREEMENT, made this 29th day of June , 2p21 , between Shelburne Properties LLC hereinafter referred to as "Grantor", and the City of Meridian, an Idaho municipal corporation, hereinafter referred to as"Grantee"; WITNESSETH: WHEREAS, Grantor is the owner of real property on portions of which the City of Meridian desires to establish a public pathway; and WHEREAS, the Grantor desires to grant an easement to establish a public pathway and provide connectivity to present and future portions of the pathway;and WHEREAS, Grantor shall construct the pathway improvements upon the easement described herein;and NOW,THEREFORE,the parties agree as follows: THE GRANTOR does hereby grant unto the Grantee an easement on the following property, described on Exhibit "A" and depicted on Exhibit "B" attached hereto and incorporated herein. THE EASEMENT hereby granted is for the purpose of providing a public pedestrian pathway easement for multiple-use non-motorized recreation, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, said easement unto said Grantee, its successors and assigns forever. THE GRANTOR hereby covenants and agrees that it will not place or allow to be placed any permanent structures,trees,brush,or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. IT IS EXPRESSLY UNDERSTOOD AND AGREED,by and between the parties hereto,that the Grantor shall repair and maintain the pathway improvements. THE GRANTOR hereby covenants and agrees with the Grantee that should any part of the easement hereby granted become part of, or lie within the boundaries of any public street, Pedestrian Pathway Easement REV.01/01/2020 Item#5. then, to such extent such easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that it is lawfully seized and possessed of the aforementioned and described tract of land, and that it has a good and lawful right to convey said easement, and that it will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said Grantor has hereunto subscribed its signature the day and year first hereinabove written. GRANTOR: s , STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on ( Q7 (date) by Randal S Clarno (name of individual), [complete the following if signing in a representative capacity, or strike the following if signing in an individual capacity] on behalf of Shelburne Properties I LC" (name of entity on behalf of whom record was executed), in the following representative capacity: Managing member (type of authority such as officer or trustee) (stamp) Notary Signature KENT BROWN My Commission Expires:Jt,lY23;20A 3 COMMISSION#32341 NOTARY PUBLIC STATE OF IDAHO W OOMNIiSSION EXPIRES 67rarz 23 Pedestrian Pathway Easement REV. 01/01/2020 Page 30 Item#5. GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 6-29-2021 Attest by Chris Johnson,City Clerk 6-29-2021 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 6-29-2021 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. (stamp) Notary Signature 3-28-2022 My Commission Expires: Pedestrian Pathway Easement REV. 01/01/2020 Page 31 Item#5. PEDESTRIAN PATHWAY EASEMENTS SHELBURNE SOUTH SUBDIVISION NO. 1 LOCATED IN THE SW 1/4 OF THE SE 1/4 OF SECTION 28, T.3N., R.1E., B.M. CITY OF MERIDIAN, ADA COUNTY, IDAHO � W 0 \ o" Z°°[*076 C1700 \sss�9,�8 1,765 SF 's�`�o S12'11'50"E `.15.27' —N89'31'24"W 374.64' ............................................................................................ N12'11'50"W ��4 14.90' S90'00'00"E S90'00'00"E 3 — POINT OF BEGINNING �, 38.79'C4 s g 16.43' EASEMENT C N90'00'00"w C N'Z�' ;��' co- EASEMENT N56'03'33"W \�eCS �'CO �r 84.97' ` N8931'24W 157.00' N90'00'00"W 16.37' C� POINT OF BEGINNING s9o'oo'oo"E 3. 4' 1,384 SF EASEMENT B Q;0 S56'05'21"E 30.03' �10 S55'04'52"E 32.10' SO'28'36"W 12) o U C8C`�13 8.00' ih 3 o C6 N� Sp R 00 C NO �N � ZQ�o D O . O N Z Z SN��gv Np 1 Z o LO to in M Z w Sti0 �S�pN Z Z Z m Q�p p Sv8 \ M Q 0 00 oW z 998 SF z 0 a o Uj 0 0 J U 28 174 28 _ _ _ 1330.32' �1330.22' 28 27 33 S89'14'43"E 2660.54' E. AMITY RD. E 1716 33 34 BASIS OF BEARING SEE SHEET 2 OF 2 FOR CURVE DATA �NL T��s.GL 0' 60' 120' 240' Ir 0. 11118 `��►05113 t'zc luxions "rF 'LTD OF N "Land Surveying and Consulting N W. 231 E.5TH ST.,STE.A MERIDIAN,ID 83642 (208)288-2040 (208)288-2557 fax SHEET 1 OF 2 www.landsolutions.biz JOB NO.t Page 32 Item#5. PEDESTRIAN PATHWAY EASEMENTS PROPOSED SHELBURNE EAST NO. 3 AND SHELBURNE SOUTH SUBDIVISIONS LOCATED IN THE SW 1/4 OF THE SE 1/4 OF SECTION 28, T.3N., R.1E., B.M. CITY OF MERIDIAN, ADA COUNTY, IDAHO CURVE TABLE CURVE # LENGTH RADIUS DELTA BEARING CHORD C1 13.33' 22.50' 33'56'27" N73'01'47"W 13.13' C2 19.84' 33.50' 33'56'27" N73'01'47"W 19.56' C3 8.02' 55.00' 8'21'02" N2'42'44"W 8.01' C4 24.58' 41.50' 33'56'27" S73'01'47"E 24.23' C5 8.59' 14.50' 33'56'27" S73'01'47"E 8.46' C6 24.70' 41.50' 34'06'24" N72'08'03"W 24.34' C7 11.80' 28.50' 23'43'19" N66'56'32"W 11.72' C8 18.83' 47.50' 22'42'50" N67'26'46"W 18.71' C9 3.26' 5.50' 33'54'39" N73'02'40"W 3.21' C10 7.99' 13.50' 33'54'39" S73'02'40"E 7.87' Ct 1 15.66' 39.50' 22'42'50" S67'26'46"E 15.56' C12 15.11' 36.50' 23*43'19" S66'56'32"E 15.00' C13 19.89' 33.50' 34'01'35" S72'05'39"E 19.60' C14 8.02' 55.00' 8'21'00" S80'24'54"W 8.01' C15 25.65' 33.50' 43'51'43" N34'07'42"W 25.02' C16 13.06' 48.50' 15'25'34" N63'46'20"W 13.02' C17 12.13' 256.50' 2'42'34" N70'07'50"W 12.13' C18 14.78' 248.50' 3'24'29" S69'46'52"E 14.78' C19 15.21' 56.50' 15'25'34" S63'46'20"E 15.17' C20 1 31.77' 41.50' 1 43-51'43" S34'07'42"E 31.00' `oNp,L LA vaST 0 a. 11118 M 0 LLa:n 1utions �'lON W. "r\ Land Surveying and Consulting 231 E.5TH ST.,STE.A MERIDIAN,ID 83642 (208)288-2040 (208)288-2557 fax SHEET 2 OF 2 www.Iandsolutions.biz JOB N0. - Page 33 Item#5. Legal Description Pedestrian Pathway Easements Shelburne South Subdivision No. 1 Easements being located in the SW % of the SE % of Section 28, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, and more particularly described as follows: EASEMENT A Commencing at a Brass Cap monument marking the southwest corner of the SE %of said Section 28, from which an Aluminum Cap monument marking the southeast corner of said SE '/4 bears S 89014'43" E a distance of 2660.54 feet; Thence S 89°14'43" E along the southerly boundary of said SE %4 a distance of 1330.32 feet to the southeast corner of said SW% of the SE %; Thence along the easterly boundary of said SW%of the SE '/4 N 0°28'36" E a distance of 322.69 feet to the POINT OF BEGINNING; Thence a distance of 24.70 feet along the are of a 41.50 foot radius non-tangent curve right, said curve having a central angle of 34d06'24" and a long chord bearing N 72°08'03" W a distance of 24.34 feet to a point of tangency; Thence N 55004'52" W a distance of 32.10 feet to a point of curvature; Thence a distance of 11.80 feet along the arc of a 28.50 foot radius curve left, said curve having a central angle of 23d43'19" and a long chord bearing N 66056'32" W a distance of 11.72 feet to a point of reverse curvature; Thence a distance of 18.83 feet along the arc of a 47.50 foot radius curve right, said curve having a central angle of 22042'50" and a long chord bearing N 67°26'46" W a distance of 18.71 feet to a point of tangency; Thence N 56d05'21" W a distance of 30.03 feet to a point of curvature; Thence a distance of 3.26 feet along the arc of a 5.50 foot radius curve left, said curve having a central angle of 33054'39" and a long chord bearing N 73002'40" W a distance of 3.21 feet to a point of tangency; Thence N 90000'00" W a distance of 4.00 feet to a point; Thence N 0028'36" E a distance of 8.00 feet to a point; Thence S 90000'00" E a distance of 3.94 feet to a point of curvature; Thence a distance of 7.99 feet along the arc of a 13.50 foot radius curve right, said curve having a central angle of 33°54'59" and a long chord bearing S 73002'40" E a distance of 7.87 feet to a point of tangency; Thence S 56005'21" E a distance of 30.03 feet to a point of curvature; L 'n--4d-,�bIubons Shelburne South No. 1 Pathway Easements ( of Page I 4 `__ "Land surveying and Conwftlng Job No. of 4 Page 34 Item#5. Thence a distance of 15.66 feet along the arc of a 39.50 foot radius curve left, said curve having a central angle of 22°42'50" and a long chord bearing S 67°26'46" E a distance of 15.56 feet to a point of reverse curvature; Thence a distance of 15.11 feet along the arc of a 36.50 foot radius curve right, said curve having a central angle of 23°43'19" and a long chord bearing S 66°56'32" E a distance of 15.00 feet to a point of tangency; Thence S 55°04'52" E a distance of 32.10 feet to a point of curvature; Thence a distance of 19.89 feet along the arc of a 33.50 foot radius curve left, said curve having a central angle of 34001'35" and a long chord bearing S 72005'39" E a distance of 19.60 feet to a point on the easterly boundary of said SW'/4 of the SE Y4; Thence along said boundary S 0°28'36"W a distance of 8.00 feet to the POINT OF BEGINNING. This easement contains 998 square feet (0.023 acres) more or less and is subject to any other easements existing or in use. EASEMENT B Commencing at a Brass Cap monument marking the southwest corner of the SE '/4 of said Section 28, from which an Aluminum Cap monument marking the southeast corner of said SE '/4 bears S 89014'43" E a distance of 2660.54 feet; Thence S 89014'43" E along the southerly boundary of said SE % a distance of 1330.32 feet to the southeast corner of said SW'/4 of the SE '/4; Thence along the easterly boundary of said SW Y4 of the SE %4 N 0°28'36" E a distance of 427.43 feet to a point; Thence leaving said boundary N 89031'24" W a distance of 157.00 feet to the POINT OF BEGINNING; Thence N 90°00'00" W a distance of 16.37 feet to a point of curvature; Thence a distance of 13.33 feet along the arc of a 22.50 foot radius curve right, said curve having a central angle of 33°56'27" and a long chord bearing N 73001'47" W a distance of 13.13 feet to a point of tangency; Thence N 56°03'33" W a distance of 84.97 feet to a point of curvature; Thence a distance of 19.84 feet along the arc of a 33.50 foot radius curve left, said curve having a central angle of 33056'27" and a long chord bearing N 73°01'47" W a distance of 19.56 feet to a point of tangency; Thence N 90°00'00" W a distance of 38.41 feet to a point on a curve; Thence a distance of 8.02 feet along the arc of a 55.00 foot radius non-tangent curve left, said curve having a central angle of 8021'02" and a long chord bearing N 2°42'44" W a distance of 8.01 feet to a point; Shelburne South No. 1 Pathway Easements Job No. 19-08 Land Surveying and Consulting Page 2 of 4 page 35 Item#5. Thence S 90000'00" E a distance of 38.79 feet to a point of curvature; Thence a distance of 24.58 feet along the arc of a 41.50 foot radius curve right, said curve having a central angle of 33°56'27" and a long chord bearing S 73°01'47" E a distance of 24.23 feet to a point of tangency; Thence S 56°03'33" E a distance of 84.97 feet to a point of curvature; Thence a distance of 8.59 feet along the arc of a 14.50 foot radius curve left, said curve having a central angle of 33056'27" and a long chord bearing S 73001'47" E a distance of 8.46 feet to a point of tangency; Thence S 90000'00" E a distance of 16.43 feet to a point; Thence S 0°28'36" W a distance of 8.00 feet to the POINT OF BEGINNING. This easement contains 1,384 square feet (0.032 acres) more or less and is subject to any other easements existing or in use. EASEMENT C Commencing at a Brass Cap monument marking the southwest corner of the SE '/4 of said Section 28, from which an Aluminum Cap monument marking the southeast corner of said SE % bears S 89n14'43" E a distance of 2660.54 feet; Thence S 89014'43" E along the southerly boundary of said SE '/4 a distance of 1330.32 feet to the southeast corner of said SW'/4 of the SE '/4; Thence along the easterly boundary of said SW'/4 of the SE %4 N 0°28'36" E a distance of 538.77 feet to a point; Thence leaving said boundary N 89°31'24" W a distance of 374.64 feet to the POINT OF BEGINNING; Thence a distance of 8.02 feet along the arc of a 55.00 foot radius non-tangent curve left, said curve having a central angle of 8021'00" and a long chord bearing S 80024'54" W a distance of 8.01 feet to a point; Thence N 12'11'50" W a distance of 14.90 feet to a point of curvature; Thence a distance of 25.65 feet along the arc of a 33.50 foot radius curve left, said curve having a central angle of 43°51'43" and a long chord bearing N 34°07'42" W a distance of 25.02 feet to a point of tangency; Thence N 56°03'33" W a distance of 149.38 feet to a point of curvature; Thence a distance of 13.06 feet along the arc of a 48.50 foot radius curve left, said curve having a central angle of 15°25'34" and a long chord bearing N 63046'20" W a distance of 13.02 feet to a point of reverse curvature; .Lc1 t '1,1 au" Shelburne South No. 1 Pathway Easements Land Surveying and Consulting Job No. 19-08 Page 3 of 4 page 36 Item#5. Thence a distance of 12.13 feet along the arc of a 256.50 foot radius curve right, said curve having a central angle of 2042'34" and a long chord bearing N 70007'50" W a distance of 12.13 feet to a point; Thence N 0°31'20" E a distance of 8.57 feet to a point; Thence a distance of 14.78 feet along the arc of a 248.50 foot radius non-tangent curve left, said curve having a central angle of 3°24'29" and a long chord bearing S 69046'52" E a distance of 14.78 feet to a point of reverse curvature; Thence a distance of 15.21 feet along the arc of a 56.50 foot radius curve right, said curve having a central angle of 15025'34" and a long chord bearing S 63046'20" E a distance of 15.17 feet to a point of tangency; Thence S 56003'33" E a distance of 149.38 feet to a point of curvature; Thence a distance of 31.77 feet along the arc of a 41.50 foot radius curve right, said curve having a central angle of 43051'43" and a long chord bearing S 34007'42" E a distance of 31.00 feet to a point of tangency; Thence S 12'11'50" E a distance of 15.27 feet to the POINT OF BEGINNING. This easement contains 1,765 square feet (0.041 acres) more or less and is subject to any other easements existing or in use. \ONPI. LA/Vo 5 ASTER G,pG Clinton W. Hansen, PLS Q- Land Solutions, PC May 13, 2021 a 11118 X i F OF 5 �LT0 N W NP' Shelburne South No. 1 Pathway Easements La_n__J blution Land Surveying and Consulting Job No. Page 4 of 4 4 of 4 Page 37 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Shelburne South No. 2 Pedestrian Pathway Easement No. 1 Page 38 ADA COUNTY RECORDER Phil McGrane 2021-099371 BOISE IDAHO Pgs=6 CHE FOWLER 06/30/2021 10:51 AM CITY OF MERIDIAN, IDAHO NO FEE Proied Name(Subdivision): SHE -BURNS SOUTH NO 2 PEDESTRIAN PATHWAY EASEMENT THIS AGREEMENT, made this 29th day of Tune � 20 21, between Shelburne Properties I hereinafter referred to as "Grantor", and the City of Meridian, an Idaho municipal corporation, hereinafter referred to as"Grantee"; WITNESSETH: WHEREAS, Grantor is the owner of real property on portions of which the City of Meridian desires to establish a public pathway;and WHEREAS, the Grantor desires to grant an easement to establish a public pathway and provide connectivity to present and future portions of the pathway;and WHEREAS, Grantor shall construct the pathway improvements upon the easement described herein; and NOW,THEREFORE,the parties agree as follows: THE GRANTOR does hereby grant unto the Grantee an easement on the following property, described on Exhibit "A" and depicted on Exhibit "B" attached hereto and incorporated herein. THE EASEMENT hereby granted is for the purpose of providing a public pedestrian pathway easement for multiple-use non-motorized recreation, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, said easement unto said Grantee, its successors and assigns forever. THE GRANTOR hereby covenants and agrees that it will not place or allow to be placed any permanent structures,trees,brush,or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. IT IS EXPRESSLY UNDERSTOOD AND AGREED,by and between the parties hereto,that the Grantor shall repair and maintain the pathway improvements. THE GRANTOR hereby covenants and agrees with the Grantee that should any part of the easement hereby granted become part of, or lie within the boundaries of any public street, Pedestrian Pathway Easement REV.01/01/2020 Item#6. then, to such extent such easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that it is lawfully seized and possessed of the aforementioned and described tract of land, and that it has a good and lawful right to convey said easement, and that it will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said Grantor has hereunto subscribed its signature the day and year first hereinabove written. GRANTOR: STATE OF IDAHO } ) ss County of Ada ) This record was acknowledged before me on, / OZ (date) by Randal S Clarno (name of individual), [complete the following of signing in a representative capacity, or strike the following if signing in an individual capacity] on behalf of Shelburne Properties 1.1.C" (name of entity on behalf of whom record was executed), in the following representative capacity: Managing member (type of authority such as officer or trustee) (stamp) Notary Signature My Commission Expires K! 4T 13RowN COMMISSION#323 NOTARY PUBLIC STATE OF IDAH MY COMMISSION EXPIRES CUT Pedestrian Pathway Easement REV. 01/01/2020 Page 40 Item#6. GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 6-29-2021 Attest by Chris Johnson, City Clerk 6-29-2021 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 6-29-2021 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk,respectively. (stamp) Notary Signature 3-28-2022 My Commission Expires: Pedestrian Pathway Easement REV. 01/01/2020 Page 42 Item#6. PEDESTRIAN PATHWAY EASEMENTS PROPOSED SHELBURNE SOUTH SUBDIVISION NO. 2 LOCATED IN THE SW 114 OF THE SE 1/4 OF SECTION 28, T.3N., R.1E., B.M. CITY OF MERIDIAN, ADA COUNTY, IDAHO 0' 60' 120' 240' 95.85' 0 o S89'14'43"E O _ A^ SO'31'21"W °O "' N89'14'45 10.35' z 95.81' �6, C9 S90'00'00"E 1,218 SF W C10 47.27' � C.7 m M - `� 44.91'\\ o z w N90'00'00"W\�\`SS-A0) w w S60\\2>» 0 3,090 SFCL c2� \`N`\ SO'31'20"W S 8.57 co 00 c 3) SAS\QN N POINT OF BEGINNING QRQQQS�gO� EASEMENT A \ W p o N W J 1'7 Q O 0 W O J U 28 N 1 4 354.54' _ _ _ _ _ 782.00_ _ 28 27 / . . . - 33 S89'14'43"E 2660.54' E. AMITY RD. 33 34 BASIS OF BEARING I CURVE TABLE CURVE # LENGTH RADIUS DELTA BEARING CHORD C1 125.86' 256.50' 28'06'51" N54'43'07"W 124.60' C2 37.29' 138.50' 15'25'39" N48'22'31"W 37.18' a 1 1 18 om C3 8.01' 55.00' 8'20'30" NO'30'17"E 8.00' N� 05�(3(2 �� 2 C4 39.45' 146.50' 15'25'39" S48'22'31"E 39.33' /�, TF 0 F C5 118.90' 248.50' 27'24'56" S54'22'10"E 117.77' TON W.\A C6 14.41' 16.50' 50.03'03" N24'30'11"W 13.96' C7 29.04' 18.50' 89'56'39" N44'16'24"W 26.15' C8 41.59' 26.50' 89'54'54" S44'1 T16"E 37.45' La, n uts 1"0 rj- S- C9 7.37' 8.50' 49*39'12" S24'18'15"E 7.14' Land Surveying and Consulting C10 8.01' 55.00' 8'20'30" S40-02-57"W 1 8.00 231 E.5TH ST.,STE.A MERIDIAN,ID 83642 (208)288-2040 (208)288-2557 fax WWW.IandS0IUtions.bIZ JOB NO. 1 Page 43 Item#6. Legal Description Pedestrian Pathway Easements Shelburne South Subdivision No. 2 Easements being located in the SW % of the SE % of Section 28, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, and more particularly described as follows: EASEMENT A Commencing at a Brass Cap monument marking the southwest corner of the SE %of said Section 28, from which an Aluminum Cap monument marking the southeast corner of said SE % bears S 89014'43" E a distance of 2660.54 feet; Thence S 89°14'43" E along the southerly boundary of said SE % a distance of 782.00 feet to a point; Thence leaving said southerly boundary N 0031'20" E a distance of 661.90 feet to the POINT OF BEGINNING; Thence a distance of 125.86 feet along the arc of a 256.50 foot radius non-tangent curve right, said curve having a central angle of 28°06'51" and a long chord bearing N 54043'07"W a distance of 124.60 feet to a point of reverse curvature; Thence a distance of 37.29 feet along the arc of a 138.50 foot radius curve left, said curve having a central angle of 15025'39" and a long chord bearing N 48022'31" W a distance of 37.18 feet to a point of tangency; Thence N 56005'21" W a distance of 178.28 feet to a point; Thence N 90000'00" W a distance of 44.91 feet to a point on a curve; Thence a distance of 8.01 feet along the arc of a 55.00 foot radius curve left, said curve having a central angle of 8020'30" and a long chord bearing N 0030'17" E a distance of 8.00 feet to a point; Thence S 90000'00" E a distance of 47.27 feet to a point; Thence S 56005'21" E a distance of 180.72 feet to a point of curvature; Thence a distance of 39.45 feet along the arc of a 146.50 foot radius curve right, said curve having a central angle of 15025'39" and a long chord bearing S 48022'31" E a distance of 39.33 feet to a point of reverse curvature; Thence a distance of 118.90 feet along the arc of a 248.50 foot radius curve left, said curve having a central angle of 27024'56" and a long chord bearing S 54022'10" E a distance of 117.77 feet to a point; Thence S 0031'20" W a distance of 8.57 feet to the POINT OF BEGINNING. This easement contains 3,090 square feet (0.071 acres) more or less and is subject to any other easements existing or in use. Li- �lutio Shelburne South No.2 Pathway Easements iis Job No. 19-0 �� Land Surveying and Consulting Page 1 of Page 44 Item#6. EASEMENT B Commencing at a Brass Cap monument marking the southwest corner of the SE '/4 of said Section 28, from which an Aluminum Cap monument marking the southeast corner of said SE % bears S 89°14'43" E a distance of 2660.54 feet; Thence S 89°14'43" E along the southerly boundary of said SE % a distance of 354.54 feet to a point; Thence leaving said southerly boundary N 0°45'17" E a distance of 889.16 feet to the POINT OF BEGINNING; Thence a distance of 14.41 feet along the arc of a 16.50 foot radius non-tangent curve right, said curve having a central angle of 50°03'03" and a long chord bearing N 24*30'11" W a distance of 13.96 feet to a point of tangency; Thence N 0031'21" E a distance of 10.36 feet to a point of curvature; Thence a distance of 29.04 feet along the arc of a 18.50 foot radius curve left, said curve having a central angle of 89°56'39" and a long chord bearing N 44016'24" W a distance of 26.15 feet to a point of tangency; Thence N 89°14'43" W a distance of 95.81 feet to a point; Thence N 0031'20" E a distance of 8.00 feet to a point; Thence S 89°14'43" E a distance of 95.85 feet to a point of curvature; Thence a distance of 41.59 feet along the arc of a 26.50 foot radius curve right, said curve having a central angle of 89°54'54" and a long chord bearing S 44017'16" E a distance of 37.45 feet to a point of tangency; Thence S 0°31'21" W a distance of 10.35 feet to a point of curvature; Thence a distance of 7.37 feet along the arc of a 8.50 foot radius curve left, said curve having a central angle of 49°39'12" and a long chord bearing S 24018'15" E a distance of 7.14 feet to a point on a curve; Thence a distance of 8.01 feet along the are of a 55.00 foot radius non-tangent curve left, said curve having a central angle of 8020'30" and a long chord bearing S 40°02'57" W a distance of 8.00 feet to the POINT OF BEGINNING. This easement contains 1,218 square feet (0.028 acres) more or less \ONp L LA ND S and is subject to any other easements existing or in use. C,\ T E Clinton W. Hansen, PLS 8 Land Solutions, PC C6.113�z1 z May 13, 2021 O/VW . NP 1a biutions Shelburne South No.2 Pathway Easements Job No. 19-0 �/"Land Surveying and Consulting Page 2 of Page 45 7/tem 77 (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Final Order for Midgrove Plaza (FP-2021-0033) by Rodney Evans + Partners, PLLC, Located at 1450 E. Franklin Rd. Page 46 Item#7. BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: JUNE 15, 2021 ORDER APPROVAL DATE: JUNE 29, 2021 IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF FIVE (5) ) CASE NO. H-2021-0033 BUILDING LOTS ON 12.84-ACRES ) OF LAND IN THE C-G AND I-L ) ORDER OF CONDITIONAL ZONING DISTRICTS FOR ) APPROVAL OF FINAL PLAT MIDGROVE PLAZA. ) BY: RODNEY EVANS + ) PARTNERS, PLLC ) APPLICANT ) This matter coming before the City Council on June 15, 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 MIDGROVE PLAZA SUBDIVISION, LOCATED WITHIN THE SE 1/4 OF THE SE 1/4 OF SECTION 07, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, 2021, HANDWRITTEN DATE: 5/12/2021,by AARON P. RUSH, PLS, SHEET ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR MIDGROVE PLAZA H-2021-0033 Page 1 of 3 Page 47 Item#7. I OF 3," 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 June 15, 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. 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 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR MIDGROVE PLAZA H-2021-0033 Page 2 of 3 Page 48 Item#7. 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 29th day of June , 2021. By: Robert E. Simison 6-29-2021 Mayor, City of Meridian Attest: Chris Johnson 6-29-2021 City Clerk Copy served upon the Applicant,Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Dated: 6-29-2021 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR MIDGROVE PLAZA H-2021-0033 Page 3 of 3 Page 49 Item#7. EXHIBIT A STAFF REPORTC�WE COMMUNITY DEVELOPMENTDEVELOPMENT DEPARTMENT f D A H 0 HEARING 6/15/2021 Wegend DATE: ff ILIPraject Lacfl-fior - .0 0 TO: Mayor&City Council =kMHM FROM: Sonya Allen,Associate Planner 208-884-5533 - SUBJECT: FP-2021-0033 Midgrove Plaza ®� Y I I I II LOCATION: 1450 E. Franklin Rd.,in the SE 1/4 of ' Section 7,T.3N.,R.IE. (Parcel - #SI107449996) -- - I I. PROJECT DESCRIPTION Final plat consisting of 5 buildable lots on 12.84-acres of land in the C-G and I-L zoning districts. II. APPLICANT INFORMATION A. Applicant/Representative: Benjamin Semple, Rodney Evans+Partners,PLLC— 1014 S. LaPointe St., Ste. 3,Boise,ID 83706 B. Owner: Arthur Berry—4804 Roberts Rd.,Boise,ID 83705 III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat and associated conditions of approval as required by UDC 11-6B-3C.2. There is one (1)fewer buildable lot than shown on the approved preliminary plat.Therefore, Staff finds the proposed final plat is in substantial compliance with the approved preliminary plat as required. IV. DECISION A. Staff: Staff recommends approval of the proposed final plat with the conditions of approval in Section VI of this report. Pagel Page 50 Item#7. V. EXHIBITS A. Preliminary Plat(date: 1/13/20) L®GROVE PLAZA SUBDIVISION .._�.. Ip� ooD • e`��e."�. � �=•o ioio LCGEND 1 =4i q --- Ik ZONING) \ �ss.�r -3Y —��i R'1=�• _ a MK...i.Mrcn.w.n....ix....nai.e�r. 1450 E.FRANKLIN RD \\. 12.831 ACRES my � 0 o _ g ��— s a.a' 1 GEOMATlCS 'rlmvzaxsF }\ SURVEYING MAPPING F 1 �......a.. QYWP ivOE�nupx'm E 4 ,PRELIMINARY PLAT ` ��.. � - • s� _ �PPOI ! P �p Page 2 Page 51 Item#7. B. Final Plat(date: 5/12/2021) PLAT SHOWING MIDGROVE PLAZA LOCATED WITHIN THE SE 114 OF THE SE 1/4 OF SECTION 07, TOWNSHIP 3 NORTH,RANGE 1 EAST,BOISE MERIDIAN,ADA COUNTY,IDA HD 2021 7 D SURVEYOR NOTES _�L am SHEET INDEX saDIN Rlwalo �®ivl wwool,loxueouxonxv 8 c.R.3ozvsuz2s ATEnN,y moTWIDE PERMANENT EnsEMENT FORPusuc xxuxEA uI—,,REEERE . LAND PR"'KIRRI�ATaxslue aE RESERVED Alnxc TxE lEOP ovmeRs.wxvErrvneenrnzsKErCHEs _ _ UNION PACIFIC RAILROAD EET3 axv'RavALS,accEPIAECE AN.1ERNFI—.1 z IMERIO Azs raoT unosuvE KE sllswswury moarsExlsnxu aExaETunE wcau_ssavo E�aess IN E — —_ ES 588°29'S1"E POR�{5 LEGENH s uarA..E'EFT REG. 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Es •m ET 112 REBAR,SWITx AUMINUM—REREEx1ExcE eClln FRI uRAEMWHENSAEERRNFICRIL w g u,�„ •vF ET11z'REBARwRN Awmwum CAR wlTxEss cxRxER orveEl,�N an-wns'coTMivs.au�Eo iNEHEW � ® CEMEM nos/a"Res M xxERM�ME o mNxMBER �oNL. _ _ --- oR j 0 BLOEKx MBER RESE RHAT MIRKMU� AGGN°GE AQFEEu��^HE�ENTLaT -...x --_-- W[F T� 11FRA1 EOEsRIA�"�EMENTs FG v sa934•o3"E $� T b EXISTING EASEMENTS �mWEeRTTxHEErEEEm ERPHT HE�umrvcsEwEx EIAEMENT x l2 _ .................�y zazu bS j ®, -.E Iwwu—R ESMTNV zmo — , S 3.A AG�5 BLOCK L ME Ww TO A CONSER ACN EASEMENG 92' ag'3A�•E ®B�wBENMB EAWESAEENCTENI MA`°ax"w EERATE .. m� s mM m w BE�ANRARY S wER ESMT �R3B ICE No E 1„r sxwm Amss E �m DEARNITMY 6<50�BER111111 ENT LIE WITH ZONE AE ASPEEIAL ROOD f`m m'vnoE lrvcxEssrEExEss ESME LN.zo2ss2s2C(sEE xOTE9) NAZAPo APERMASEIRIA varvED HEREON a,rm,Eaxs,n ye�............................ .... .w ff o EEErcrlve oo-la-zoz0.uoulxuTeo Hee[on. G k•�y,E � � CMA. Z 0 m wloEw rERRiINEEVT N T,N. BASIS OF BEARING A E g wBNRax mmlx� ,1xxMlx 3Pro,x� AHE—Is11Ml ISEaAN 11 lowosxcsWEsrmNEPROT oxIE o 07ANDTHEE.E QDMFREROGRBEROF H mRNERNE � �NxTHEEASTONAR,ERmRrvEROESET�nx, EAE MAEaw -.1. >o3> 1'�E S; &�''��w ❑1 I � � REFERENCES RL E.— xs ul_ wAeenrmD FA' m'w HI 1A mel `'•'S� � zxzns' izzr ARE AGENCY REVIEW 05-12-2021 AAr LNETAKF �4 9A z `'- ABBREVIATIONS wa tb pTAE NE rAsxA {7 OZONE PF 94gAM_.R��A CAIBED pROSEE ER A' FEMAUEmORD xoxlSlRIR NLRC3eo Its FEETAE�EI�xwA(-NOT1„EE9WNmAIIIIMI eP.ATIIXI7 45'SS"W 589.98'n _ 7 a RAOA �Is''" ASURYEYING6MAPPING COMPANY 18 II� sm es'ss•xr vzNI INEOFEEGINNING »z A E. FRANKLIN ROAD LO 17 m x PEMA-DEG n F—Dz x' 231BN.GGLE RO.I suITE CIBOxE,IOANOs3zw �� Am Page 3 Page 52 Item#7. C. Landscape Plan(date: 3/31/2021) +,�' --• — - vaa�ECT irvvoawnory wii ,, \`•�'7p -- r �SHRUB PLANTING +� - e �� \� ! .._,— Y z'— - _-.t DECIDUOUS THEE PLANTING_~ _ �„ •�.--1_� E.FRAMCl1N RCYiD x z�� � ...�.e�..,.,.,....e....._.m�e.. Y a.mrsr II .,/,N 4NDS�CAPE LAN-OVE§ALL @GROUNDCOVER PLANnNGL I Z= F 0 E nme-a:O�a_a { 1450 E.FRANKLIN RD 12.831 ACRES -� y ti Ya. � Lu b:O LOT a _ r 2 030 AC LCT4 \\ 88,437.815E 2-524 AC v„� (C-G ZONING) 109,928.345E -KEY MAP jF - — — — E FANiO-N R01D • e �.—.. oa '® —�I , �4�� ,,...-a. 3] LANDSCAPE PLAN-AREA ONE L2.1 1 Page 4 Page 53 - ------------------- ---- 4 LOT 5 2.635 AC LOT 2 114.785.07 SF 2290 AC (I-LZONING) 99,765.88 SF (I-L ZONING) EE FE 1450 E.FRANKLIN RD 12.831 ACRES T $11.I I.I..-All PIA.-AREA • % ---------------------- C% IQ LOT 1 3.353 AC 148,056.68 SF (I-LZONING) Fon 4v PF PLAN-AREA tr�,LgNQSCATHREE L2 Page 5 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-2020-0029). 2. The applicant shall obtain the City Engineer's signature on the final plat within two(2)years of City Council's approval(by July 7, 2022) of the preliminary plat in accord with UDC 11- 613-7 in order for the preliminary plat to remain valid; or, a time extension may be requested. 3. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat shown in Section V.B prepared by LR Geo, stamped on 5/12/2021 by Aaron P. Rush, shall be revised as follows: a. Modify note #5 as follows: A cross-access/ingress-egress easement shall be depicted between all lots in the subdivision and to the abutting property to the west through Lot 5 (Parcel#S 1107449111) in accord with UDC 11-3A-3A.2. b. Modify note #6 as follows: Include a note that prohibits direct lot access via N. Locust Grove Rd. and E. Franklin Rd. other than those accesses approved with the preliminary plat by the City and ACHD. c. Existing Easements Table—"E"and"F": Include recorded instrument numbers. An electronic copy of the revised plat shall be submitted to the Planning Division prior to signature on the final plat by the City Engineer. 5. The landscape plan shown in Section V.C, prepared by Rodney Evans + Partners, dated 3/31/21, shall be revised as follows: a. Depict shrubs along with the proposed trees within the buffers along the multi-use pathway and the street buffers along Franklin&Locust Grove Roads in accord with UDC 11-313-7C.3a and 11-313-12C.2. An electronic copy of the revised landscape plan shall be submitted to the Planning Division prior to signature on the final plat by the City Engineer. 6. A minimum 14-foot wide public pedestrian easement shall be submitted to the Planning Division for the multi-use pathway along the northeast side of the Five Mile Creek extending to the Franklin/Locust Grove Road intersection as required by the Park's Department prior to signature on the final plat by the City Engineer. 7. The Five Mile Creek shall be protected during construction and shall be left open as a natural amenity and shall not be piped or otherwise covered as set forth in UDC 11-3A-6B.1. 8. All future development shall comply with the minimum dimensional standards listed in UDC Tables 11-213-3 for the C-G zoning district and 11-2C-3 for the I-L zoning district, as applicable. 9. Staff's failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. Page 6 Page 55 Item#7. B. Public Works Site Specific Conditions: 1. Ensure no permanent structures are within City easements (including but not limited to trees,bushes,carports,trash enclosure walls,fences,storm water infiltration trenches, streetlights,etc.). 2. The sanitary sewer line that is shown extending through lot 6 to serve lots 1,2,and 3 must be an 8"main due to line serving multiple lots.At each flow change a manhole will be required.Unless otherwise noted on the plans,8"sewer lines are considered main and must be covered in a utility easement. 3. All sewer and water mains constructed in unimproved areas must have an access road built to Meridian City Design Standards. 4. The Geo Technical report submitted for the subject site points out numerous items that will require special attention. The design engineer for this project should pay particular close attention to the findings and recommendation for the successful design and performance of all foundation systems,sub-surface drainage,and utility trench backfill. 5. A Floodplain Development Permit required for this development. The SW area,including Five Mile Creek is subject to the terms of a conservation easement,recorded as instrument No 108135169 for the protection of designed wetlands.Development with floodway,requires a no-rise analysis. 6. An additional streetlight is required on the west boundary of Franklin Road. 30-foot Davit poles are allowed when there is an overhead utility conflict.The lights on Locust Grove Road shall be Type 1, 35 feet high with a 12 Mast Arm. General Conditions: 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-313-14A. 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. Page 7 Page 56 Item#7. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 8. In the event that an applicant and/or owner cannot complete non-life, non-safety and non-health improvements,prior to City Engineer signature on the final plat and/or prior to occupancy,a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-4B. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans.This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 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 Page 8 Page 57 Item#7. Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility,or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works),a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A)and an 81/2"x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed,and approved prior to signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development, and if so, how they will continue to be used, or provide record of their abandonment. 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 9 Page 58 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Revised Findings of Fact, Conclusions of Law for Gramercy Commons (H- 2021-0022) by Intermountain Pacific, LLC, Located at 1873, 1925, and 2069 S. Wells Ave. Page 59 REVISED CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI N:- , AND DECISION&ORDER A 1 In the Matter of the Request for Development Agreement Modification to amend the Kenai Subdivision(aka Gramercy)Development Agreement(Inst.#106141056)for the purpose of amending the concept plan to incorporate 164 age restricted multi-family housing units,by Intermountain Pacific,LLC. Case No(s). H-2021-0022 For the City Council Hearing Date of: May 25,2021 (Findings on ju"e 8 June 29,2021) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of May 25, 2021, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of May 25,2021,incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of May 25, 2021, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of May 25,2021,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(Gramercy Commons MDA—FILE#H-2021-0022) - I - Page 60 REVISED 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of May 25,2021, 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 Development Agreement Modification is hereby approved per the conditions of approval in the Staff Report for the hearing date of May 25,2021, 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(Gramercy Commons MDA—FILE#H-2021-0022) -2- Page 61 REVISED 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 May 25,2021. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Gramercy Commons MDA—FILE#H-2021-0022) -3 - Page 62 REVISED By action of the City Council at its regular meeting held on the 29th day of June 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 6-29-2021 Attest: Chris Johnson 6-29-2021 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 6-29-2021 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Gramercy Commons MDA—FILE#H-2021-0022) -4- Page 63 EXHIBIT A STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT HEARING 5/25/2021 Legend DATE: Project Location _ i 1A TO: Mayor& City CouncilC C-G 1 C RI C-G FROAM: Joseph Dodson, Associate Planner �C-C-G 208-884-5533 �_� • ' -o SUBJECT: H-2021-0022 C-C C-G �J C-C Gramercy Commons MDA R-8 R-40 RR TN-R LOCATION: The site is located at 1873, 1925, and 1 2069 S. Wells Avenue, in the NW 1/4 RI R-4 of the NE 1/4 of Section 20, Township R1 � 3N., Range lE. jUT �- �RUT I. PROJECT DESCRIPTION Development Agreement Modification to amend the Kenai Subdivision(aka Gramercy)Development Agreement(Inst. #106141056) for the purpose of amending the concept plan to incorporate 164 age restricted multi-family housing units,by Intermountain Pacific,LLC. II. SUMMARY OF REPORT A. Applicant: Mike Chidester, Intermountain Pacific, LLC—2541 E. Gala Street,Meridian, ID 83642 B. Owners: St. Luke's Regional Medical Center,LTD.; The Dagney Group,LLC, and; Elton Family Fund 1, LLC C. Representative: Same as Applicant III. STAFF ANALYSIS The Applicant proposes to amend the Kenai Subdivision Development Agreement(Inst. #106141056) to amend the existing concept plan for the subject commercial lots and incorporate a new development plan with a multi-level, 164 age-restricted unit multi-family development. See Section V for Staffs recommended new DA provisions related to the proposed development. History: The subject sites were annexed in 2006 under AZ-06-007 (Kenai Subdivision) and platted under PP-06-019 and FP-06-048; the preliminary plat was approved with single-family detached, single-family attached, multi-family, and commercial building lots. The subject development is Page 1 Page 64 EXHIBIT A proposed across three(3)of the commercial properties that directly abut Mountain View High School— in reality,the new development is proposed primarily on the two southern properties and only a drive- aisle and parking are proposed to cross the property line of the northernmost site. The original approvals required a cross-parking and cross-access agreement for all lots within the subdivision; Staff understands this agreement to be recorded and in place for the subject sites. The Applicant is proposing to amend the existing DA rather than enter into a completely new DA in order to show good faith in the original agreement and to remain part of the overall Gramercy Development, including maintaining the cross-access/cross-parking agreements. Because the Development Agreement(DA) does not include multi-family in this location, an MDA is required and is why the Applicant is requesting one. Concurrently, multi-family residential is a conditional use within the C-G zoning district and the Applicant has applied for said permit which is scheduled to be heard by the Planning and Zoning Commission on 6/03/2021, following the decision by Council on this DA Modification. Staff will analyze the proposed development in more detail with that report; Staff s review at this time shows the Applicant is compliant with or exceeds code requirements in parking, open space and amenities, and dimensional standards for the proposed use within the C-G zoning district. Concept Plan: The existing concept plan within the DA only depicts the three subject lots as commercial lots but does not depict any building footprints or any other development on the lots. The only development depicted on the existing concept plan around these lots are the multi-use pathway along the southern property line and the associated pathway landscaping. The pathway and required landscaping are already installed in this area of the site. See Exhibit B for the existing concept plan found within the original Development Agreement. The new development plan depicts a singular, multi-level, age-restricted (three and four stories in height) multi-family apartment complex that is wrapped around a parking structure—the parking structure is proposed to contain a majority of the required parking spaces.Around the proposed building the new development plan depicts a drive aisle that circles the entire structure and includes two areas of surface level parking located on the east and north sides of the proposed building that contain the remaining required parking. The drive aisle that circles the building is intended to be for Fire and EMS but Staff is unaware if the drive aisle will be closed to resident traffic as well.In addition to the building, the new development plan depicts multiple areas of open space and amenities located along each side of the building to include: a pool and other amenities within a south courtyard;an entry plaza along the east side of the building; fire-pits and lounging areas along the west, and; a community garden and pickleball court along the north side of the building. All of the open space and amenity areas appear to be connected with sidewalks and to be easily accessible by future residents. The submitted elevations are for illustrative purposes and further refinement is necessary to comply with the Architectural Standards Manual and other design elements of buildings already constructed within the Gramercy development. Access: The subject sites are internal to the Gramercy development and only abut a short segment of public road along the southern boundary of the site (E. Goldstone Street); all of the sites are currently undeveloped and do not have any accesses constructed on-site.However,to the north and east,adjacent sites are developed and have constructed portions of drive aisles for their access to S. Wells Avenue. As seen on the proposed development plan, the Applicant is proposing to connect to these three (3) drive aisles to provide access to the apartment complex:one to the north connecting to an existing drive aisle and commercial property and two to the east to connect to S.Wells Avenue. ACHD does not act on Development Agreement Modifications but has provided a response letter with the concurrent Conditional Use Permit application. In their response letter, ACHD has noted that no improvements are required to any adjacent or nearby public roads and did not require a Traffic Impact Page 2 Page 65 EXHIBIT A Study because the development is not estimated to generate enough peak hour vehicle trips, despite proposing over 100 apartment units. Staff verified with ACHD that the estimated trip generation of the development does not change whether the units are proposed as age-restricted or not. In addition, ACHD has noted that all adjacent public roads are over-built and are capable of handling additional vehicle trips without issue. Because of these reasons provided by ACHD Staff is supportive of the proposed development in regards to its transportation impact. Nonetheless, Staff understands the traffic along Overland Road(the closest arterial street to the north) is worsening and any additional traffic will exacerbate the problem. The development would also have easy vehicular access to the east to Eagle Road in three different places via commercial collector streets. One of the commercial collectors also provides an additional access point to Overland Road which should lessen the burden placed on the intersection of Overland Road and S.Wells Avenue. In addition to vehicular access, the site abuts a segment of multi-use pathway that the Applicant is proposing to connect to. This multi-use pathway runs along the southern project boundary and continues both north and south. To the north, the pathway runs along S. Wells and connects to the arterial sidewalks along Overland Road.As the pathway heads south,it runs along the Mountain View High School property and then connects to a public park, Gordon Harris Park; the pathway then continues into the neighboring single-family development further to the south. Staff finds proposing an apartment complex in this area of the City in close proximity to commercial development, child care/charter school, and established regional pedestrian facilities warrants a Development Agreement Modification and support of the proposed development. IV. DECISION A. Staff: Staff recommends approval of the modification to the DA(Inst. #106141056) as recommended by Staff's analysis above and with the specific changes below. B. The Meridian City Council heard this item on May 25,2021. At the public hearing,the Council moved to approve the subject Development Agreement Modification request. 1. Summary of the City Council public hearing: a. In favor: Hethe Clark,Applicant Representative- b. In opposition:None c. Commenting: Hethe Clark:Mark Sindell,Project Architect; Tiina Ritval,Project Architect: 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. Will the amended DA be tied to the submitted site plan?—Yes. b. Clarification on what spaces will be allowed for cross-parking in the overall Grammercv development. C. Clarification on the proposed DA provision language change and the term"joint-use facilities." 4. City Council change(s)to Commission recommendation: a. Work with Planningand nd Legal Staff to ensure proper language on the DA provision requested to be revised by the Applicant. Page 3 Page 66 EXHIBIT A V. EXHIBITS A. Development Agreement provisions from the existing DA(Inst. #106141056): Existing Provisions: 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. "Owner/Developer" shall develop the "Property" in accordance with the following special conditions: DEVELOPMENT AGREEMENT(AZ 06-021)KFNAT SUBDIVISTON PAGE 3 OF 1 I Page 4 Page 67 ttem#s. EXHIBIT A 1. All future uses shall not involve uses,activities,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. 2. That all future development of the subj ectproperty shall be consistent with the owner/developer's conceptual plan unless otherwise modified by other provisions of the Development Agreement. 3. That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. 4. That all future uses and lots on this site shall conform to the District Regulations and Allowed Uses contained in the Unified Development Code(UDC),in effect at the time of development. 5. That the ownerldeveloper will be responsible for all costs associated with the sewer and water service extension. 6. That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service,per City Ordinance Section 5-7-517,when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 7. That development of the residential and commercial lots,along with the orientation and relationship to the street,particularly the auto court,shall comply substantially with the submitted sample elevations and materials list in Exhibit A of the staff report for the hearing date of June 27,2006. 8. That prior to the issuance of any certificate of zoning compliance all landscaping shall be constructed along the southern and northern property boundaries to the point of connection with adjoining projects. The commercial/office lots should include either a permanent easement or be redesigned to include landscaping in common lots along Overland Road 9. That the maximum square footage of one single building without design review shall be 60,000 square feet or a maximum of 40'in height. 10. That the owner/developer shall coordinate with the Meridian Parks Department and Nampa Meridian Irrigation District to define the location of the multiuse pathway, bridge maintenance, and landscaping along the Ridenbaugh Canal and along the western property boundary to the area where the proposed R-15 zone transitions to the C-G zone. The pathway shall then connect to the proposed detached sidewalks along S. Kenai Way and continue internally through the site to connect with E.Overland Road. 11, That the owner/developer shall comply with all design and maintenance standards as defined by UDC 11-3A-8 unless specifically waived by the Meridian City Council. 12. That the owner/developer shall coordinate with the Meridian Parks Department the transfer by dedication of the 2,035 acre addition to Kiwanis Park. The owner/developer shall also be responsible for all costs of dedication, construction, landscaping, and pathway construction as agreed upon. Page 5 Page 68 ►tom#s. EXHIBIT A Staffs Recommended Changes: Strike 5.1.9—Current development code requires Administrative Design Review for new multi- family residential and new commercial so it is not necessary to dictate other parameters. Staff does not recommend any other changes to the existing provisions for this site as this DA and these provisions encompass a much larger area than the three subject sites. Add Provision: "Future development of the proposed age restricted multi-family development on the subject C-G zoned properties shall be substantially consistent with the approved site plan,unit count, open space and amenities,and future approved elevations(the submitted elevations are not approved; future elevations will be reviewed via Administrative Design Review with a future Certificate of Zoning Compliance application for the overall site development)." Add provision: "The multi-family units within this project shall be age-restricted to 55 years and older,per the Applicant's proposal." Add provision: "Applicant shall connect to the regional pathway system along the southern property boundary by constructing at least one(1)pedestrian crosswalk across the drive aisle with either stamped concrete,brick pavers,or similar to clearly delineate the pedestrian connection to the pathway system." Add provision: "Future development of the northernmost property(1873 S.Wells Avenue; Parcel#R3238510240) shall NOT include any multi-family development and shall be limited to commercial uses (including vertically integrated development)unless a future Rezone application is applie made to allow single family dwellings residential development. The foregoing shall not preclude the joint use of parking areas and utility installations by the subject property and Parcel R3238510240.The An updated concept plan for these th fee par-eels shall be• ..dated w-h Parcel R3238510240 may be required when it develops if such proposal is inconsistent with existing approvals�r�." Add provision: "Prior to Certificate of Zoning Compliance approval, a Property Boundary Adjustment shall be obtained by the Applicant to reconfigure the lots consistent with the proposed site plan." Page 6 Page 69 EXHIBIT A B. Existing DA Concept Plan(Preliminary Plat): CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TITS HEARING DATE OF6/27/2006 Exhibit Al: Preliminary Plat dated#Ism-10 Revised June 27,2006 POOR COPY Subject Sites 4 -'---- 111 1 1 A j��y �' it I! •+ 1 a i A e F N01NEERNNI ~"y^-* auvui-a,toro nci a n o.i rnrr.t r g e A; YtffidI WBDIPtBtON ESOUMONS,, _ ai e.....w JJ rr.luNw�-..vi ._�. ti .L�.'�' Kenai Subdivision Exhibit A Page I Page 7 Page 70 ►tem#s. EXHIBIT A C. Proposed Development Plans: L e� m a o en z 3 Z p 3 w � x � - o — zo � z n 3 A 507 32' �' ..—..—..—..—..—..—..—..—..—..—..—..—..—..—..—. .. ..............— Fire Department Access o � o 0 8 G1 _ LJ_LJ—L�L�W o o III ��7�I��� o — IIIIII III I II Aar ssoLK r� z 507 3. 0 0 s weosA— S 0 Q O - - - - OQ - 9_ 4 b A - 9 — n 0 a a Go Page 8 Page 71 EXHIBIT A SECTION 05 1 CONTEXT VIEW Mountain Yew High School _ P wng Garage _ -let, _ I J Jl �JI I I lY - 1 F reoe�rr�entA�=s It <_ � � G,try Plaza ing 7 I I k Iy,FT t _ t t�C, tk F i �o Tne Goddartl School of Meridian O SECTION 07 LANDSCAPE PLAN -. Ya—END all w gow 1w - PROJECT INFORMATION There are no existing natural features,existing buildings,or t�� emcebem « exis[ngtrees vnthtrunks greaterthan4 ncheson[hesta. 3 l5 Ben,an Pa 33 .erigrcn Renege Street Trees see Tree Sp—Mix Street BuRers:n/a t�6' % � i�nwckv�oneeTree Parkin lot ter landsca tri 10'g perime pes p: kF: •• 7 ,h pee ape BuRerwidthbetweendiffereN lantlusas:10' � '.��-�' 'J ♦�_ Numberol parking stalls and percent of parking area with internal lantls<aping:]1 surface stalls located along Internal circulation routes,no more than 12 stalls between landscaping Total number of trees and tree species m'oc:941see Tree Species Residential Building Mix) &Parking Garage O ErcryP— . © sgvtn<pr.tyam r2 6r,. r/'_rI . © Swint Terrace �+ - - O (bmmwhYGarden l0. i ��• O Garage Enry&Service court ORre WPartmem Access O 8-0'ReskiendalPmio Typ. � _ ©PedesMan<omm�ionto Gordon Harris Park DSCAPE PLAN O'y ��f PedeamaneOn�nien teexiar vreaidential Gm—egmman.I W,Hian.ID I C,xlitioral u:e Kermit Applicatan 103.23.2021 GGLO �> Page 9 Page 72 EXHIBIT A D. Conceptual Building Elevations: (NOT APPROVED) SECTION 04 1 ELEVATIONS Metal Panel mpstlmg Brick wa.a- � mdW EAST ELEVATION Texmetl cancrare McGlPanel Lap—g Brick L��g� SOUTH ELEVATION Gn Oa.—I Merkii ID I G+rKini—UxelEmiitAppik 1-1 03.23.2021 GGLO 2 SECTION 04 I ELEVATIONS Metal Panel SNcco Lanp Sltling ® ® LU ® 11 ® a 11 a® ® use 1 f;. 4 LE 9 B WEST ELEVATION Metal Parel Lap-hg Brack 9889@ 99 II � 1199 9981 99 �;�,_ V - � II IIBI BB91 99 ' II NORTH ELEVATION Ga av .—I ID —fti—U.—it Appik—I03.23.2o21 GGLO Page 10 Page 73 rr j 11 d T � a �GUTH COU RTYARD 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: City of Meridian Financial Report - May 2021 Page 75 Item#9. CITY of MERIDIAN FINANCE REPORT May 2021 - FY21 Report PAGE # Investment Graphs 2 Fund Balance 3 �I;ISIf it rII � � � IT 14 ® _ _ __ _ iun_u_n_..... - �nTnTniuin�n�� nnnm Page 76 F:\Monthly Reports\Finance Reports\FY2021\FY21-08 May Council Report 1 of 3 Item#9. ��E IDIAN� As of May 31, 2021 [D A H O City of Meridian Investment Portfolio CITY OF MERIDIAN INVESTMENT PORTFOLIO YIELD BY INVESTMENTTYPE IDAHO STATE POOL IDAHO BOND FUND 1.52% CASH 0.00% FIB ■FIB MoneyMarket$1,646,752 ■Cash$4,437,193 MONEYMARKET n Idaho Bond Fund$71,060,796 ■Idaho State Pool$103,086,059 City of Meridian I nterest/Investment I ncome City of Meridian Cash/1 nvestments Balance by Major Fund by Major Fund $450,000 $400,000 $120,000,000 $350,000 $100,000,000 $300,000 $250,000 $80,000,000 $200,000 $60,000,000 $150,000 $100,000 $40,000,000 $50,000 $20,000,000 $0 General Enterprise General Fund Enterprise Fund ■Total Budget ■Actual YFD ■FY21 ■FY20 Page 77 F:\Monthly Reports\Finance Reports\FY2021\FY21-08 May Council Report 2 of 3 is Item#9. C f1E IDIAN - 'oAHO May 2021-FY21 GENERAL FUND BALANCE ALLOCATIONS $100,000,000 $90,000,000 $80,000,000 $70,000,000 $60,000,000 $50,000,000 $40,000,000 $30,000,000 $20,000,000 oil $10,000,000 9/30/2015 9/30/2016 9/30/2017 9/30/2018 9/30/2019 9/30/2020 w Nonspendable ®Restricted R Committed ■Assigned ■Unassigned ®Reserves ENTERPRISE FUND BALANCE ALLOCATIONS $70,000,000 $60,000,000 $50,000,000 $40,000,000 $30,000,000 $20,000,000 $10,000,000 9/30/2015 9/30/2016 9/30/2017 9/30/2018 9/30/2019 9/30/2020 ®Assigned ■Unassigned ■Reserves Page 78 F:\Monthly Reports\Finance Reports\FY2021\FY21-08 May Council Report 3 of 3 Fund Balance E IDIAN;--- AGENDA ITEM ITEM TOPIC: ITEMS MOVED FROM THE CONSENT AGENDA (Action Item) Page 4 Item#10. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Fire Department: Fiscal Year 2021 Budget Amendment in the Amount of $10,000.00 for Public Education Page 79 Item#10. C� fIEN , IN4, IDAHG-. MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Meridian Fire Meeting Date: June 15, 2021 Presenter: Pam Orr/Chief Blume Estimated Time: 5 to 7 minutes Topic: Fire Dept Public Education Budget Amendment Recommended Council Action: The Meridian Fire Department is the recipient of citizen donations, and a donation from Light My Fire Inc, in the amount of$12,000 for a total amount of$15,045.00. Meridian Fire has also generated funds in the amount of$1,450.00 from providing CPR courses. We are requesting a budget amendment to move these donations and revenue to our Public Education Division to purchase educational items needed for fire prevention efforts. We are also asking the City to match the LMF, Inc donation in an amount up to $10,000, per the MOU dated October 23rd, 2018, between the City and LMF, Inc. CPR Revenue $1,450 Donations $15,045 City Match $10,000 Total Amendment $26,495 Page 80 m a N l il 0o N o0 [� d D O N N N o I�� o yv a m -(\ co 0 LL LL C .l J v d .a. v m E cn �I 'etv c a E a n O m E E n cc 7ZZ �0 L, Z �� 3 d U- y E E ¢m N C " O d a Q o an m v J q LL ri E o -� o v o N E v o w c 115 m o ;, > o a L' N V1 14 Vl to to 1A V1 Vl V1 V1 1 f V1 V1 VA G C Q E o a a O C ; a m N °i = m a `o 41 Q a I-- y Y :Ea m o N Q a o u Q u F- pm 0 -0 N O V R V OIt f O w te � G N � V! �A vT Y! N V! N N m• v! of �A lL W a O � � c C O a a •L � � W � W 4 y C U c C a a c _G v o v d V w o o a o H o a CL a n u m E `u a d u `u E a N O E \ N 0 O O LL N U N m R G7 GJ F U G E Q N N 0 N N G 0 (] YY �p E � 7[ E F ii 3Y c E 1 N O J C J J � � a c N 'O 3 a o a LL a 3 w w a a s a a u a '0 0 o 0 0 o 0 0 0 '0 0 0 0 0 0 0 0 0 0 0 0 0 0 'O 0 0 0 0 00 'p 0 0 a` a` a` a cu J O O O N N N N O J J N N N M 0 0 0 0 ` o C m W Ln in (� r`n m y � U a o o a a o 0 0 0 00 0 0 0 0 0 0 0 0 0 0 o tt o 0 0 0 0 0 1+ u 0 0 y n m rn m m rn m m m G7 0 m m m m m m m m m m m m m A m m m m m m ed a m o O O N N N N N j,"4 CL O N N N N N N N N N N N N NQCN 21 daap .tiL .. .� .. 'r0 0 y o 0 0 0 0 0 0 0 0 0 0 0 o a o 0 0 0 0 0 ; o 0 0 E N Item#10. 021 10:30AM City of Meridian FY2021 Budget Amendment Form Prior Year(s) Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Department Name: Fire Funding 2021 2022 2023 2024 2025 Title: Fire Public Education Budget Amendment Personnel $ - $ $ $ _ $ In<tntrtionc for Submitting Itndget Amendment. Operating $ 26,495 $ 5 $ S > Department will send Amendment with Directors signature to Finance(Budget Analyst)for rewew Capital $ - > Finance wdl send Amentlment to CouNil Lia wr,W siggeturr Total $ - $ 26,495 $ 5 $ $ >Council Liaison wHl send signed 4ntendment to Mayor Total Estimated Project Cost: $ 26,495 >Mayor wi I send signed Amendment to Finance(Budget Analyst- Evaluation Questions > Finance l Budget Analystl will send approved copy o(Amendment t0 Department Please answer all Evaluation Questions using the financial data referenced above. >Depprtrnent will add copy of Amendment to Council Agenda uvng Novus Agenda Manager 1. Describe what is being requested? Budget amendment in the total amount of$26,495. $16,495 has been received in the form of donations to the Fire Education program and from revenue generated by the CPR program. $10,000 is also requested from the City of Meridian as matching funds per agreement with Light My Fire,Inc. (Light My Fire donation was 512,000.00) Funds received will purchase public education equipment,tools,training equipment,and promotional items used for f're education. f 2. Why was this budget request not submitted during the current fiscal year budget cycle? Revenue from donations and amount that would be donated was not foreseen. I 3. What is the explanation for not submitting this budget request duri_nR the next fiscal year budget cycle? rintent of donations received are for Fire public education efforts during this current fiscal year. 4.Describe the proposed method of funding? If funding is split between Funds(i.e. General,Enterprise,Grant),please include the percentage split. List the amounts and I sources of anticipated additional revenue that will result from approval of this request. Donations,and income recieved from the CPR Courses offered by Meridian Fire Public Education Division. City match of up to$10,000 per agreement with Light My Fire,Inc. I S.Does this request align with the Department/City's strategic plan? If not,please explain how this request was not included in the Department/City strategic plan? i Yes --- -- - 6. Does this request require resources to be provided by other departments? If yes,please describe the necessary resources to be provided by other departments. No � -- •• r - - .ems 7.Does this Amendment include any needed Equipment or Software that will utilize the City's network?(Yes or Nol L no. 8.Is the amendment going to result in the disposal of an asset?(Yes or No) T no 9.Any additional comments? Donations received by citizens and Light My Fire are intended for use to support the Meridian Fire Public Education efforts including the Car Seat,Smoke Alarm,and Medic programs. Total Amendment Request $ 10,000 Every effort should be made to avoid reopening the budget for an amendment. Departments will need to provide back up and appear before the City Council to just*y budget amendments. Budget amendments are intended for emergency or mandatory changes to the original balanced budget. Changes to the original balanced budget may cause a funding shortfall. Page 82 Item#10. F Q':*%M- 1E IDIAN MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Meridian Fire Meeting Date: June 15, 2021 Presenter: Pam Orr/Chief Blume Estimated Time: 5 to 7 minutes Topic: Fire Dept Public Education Budget Amendment Recommended Council Action: The Meridian Fire Department is the recipient of citizen donations, and a donation from Light My Fire Inc, in the amount of$12,000 for a total amount of$15,045.00. Meridian Fire has also generated funds in the amount of$1,450.00 from providing CPR courses. We are requesting a budget amendment to move these donations and revenue to our Public Education Division to purchase educational items needed for fire prevention efforts. We are also asking the City to match the LMF, Inc donation in an amount up to $10,000, per the MOU dated October 23rd, 2018, between the City and LMF, Inc. CPR Revenue $1,450 Donations $15,045 City Match $10,000 Total Amendment $26,495 Page 83 Item#10. City Of Meridian Posted General Ledger Transactions - GL Transaction Detail Report - Bead F„ Do— G/L Proj. . . Effective Document C., Code Code Code Date Transaction ❑escription :D Amount Session ID Number 01 2210 34950 0000 10/7/2020 Parks - Reel export: PARKS DEPT (50.00) CR21-018 10/7/202_ ,. 10/7/2020 for dept Parks 01 2210 34950 0000 12/24/2020 Parks-Reel export for PARKS DEPT (50.00) CR21-196 12/24/20— Parks on 12/24/2020 01 2210 34950 0000 12/31/2020 Parks - Recl export: PARKS DEPT (50.00) CR21-210 12/31/20— 12/31/2020 for dept Parks 01 2210 34950 0000 1/2/2021 Parks-Recl export for PARKS DEPT (200.00) CR21-210 01/02/20. . . Parks on 1/2/2021 01 2210 34950 0000 1/4/2021 Parks - Recl expert: PARKS DEPT 150-00 CR21-217 1/4/2021. . . 1/4/2021 for dept Parks - CC Refunds for CPR First Aid Class, #24703372, 24703238 G1 2210 3495fo- 0000 1/5/2021 Parks - Recl export: PARKS ❑EP1 50_flQ 1/5/2021 for dept Parks - CC Refund, #247'-4559, B. Tipton 01 2210 3495,0 0D00 2/1/2021 Parks - Recl export, PARKS DEPT ;iao'f}o CR7k-2A1 2{1f202:, , . 2r112021 for dept Parks - CU Refunds, #25079959, #25079796, J. Mcdonald, J. Edwards 01 2210 34950 0000 2/16/2021 Parks - Reel export, PARKS DEPT (600,00) CR21-318 2/16/202- 2/16/2021 for dept Parks 0: 2210 34950 0000 3/l/2021 Parks - Recl export: PARKS DEPT 50,00 CR21-359 3/1/2021. . . 3/1/2021 for dept Parks - CC Refund, #25516372, E_ Hutchison 01 2210 341M 0000 3/3/2021 Parks - Recl export; PARKS DEPT `r+3,.20 CR7:-366 3/3/2021 for dept Parks - CC refund, #25574004, T, Rager 01 2210 34950 0000 3/4/2021 Parks - Reel exporr , PARKS DEPT (100.00) CR21-370 3/4/2021- 3/4/2021 for dept Parks 0: 2210 34950 0000 4/10/2021 Parks-Recl export for PARKS DEPT (200,00) CR21-484 4/10/202— Parks on 4/10/2021 01 2210 34950 0000 4/13/2021 Parks - Reel export; PARKS DEPT (50.00) CR21-495 4/13/202., , 4/13/2021 for dept Parks Date. 6n6i21 01.43;46 r'N Fagr; 1 page 84 Item#10. City Of Meridian Posted General. ;edger Transactions - GL Transact'.con Detail Report - Brad F— De, ., G/L Proj. . . Effective Document C., Code Code Code Date Transaction Description ID Amount Session Number 01 2210 34950 0000 4/16/2021 Parks - Recl export: PARKS DEPT (50.00) CR21-506 4/16/202_., 4/16/2021 for depL Parks 01 2210 34950 0000 4/26/2021 Parks - Recl export: PARKS DEP.' (300,00) CR21-532 4/26/202. . . 4/26/2021 for depL Parks 01 2210 34950 0000 5/3/2021 Parks - Reel export: PARKS DEPT (100.00) CR21-553 5/3/2021- 5/3/2021 for depL Parks 01 2210 34950 0000 6/4/2021 Parks - Recl export: PARKS DEP: (100.00) CR21-650 6/4/2021. . . 6/4/2021 for dept Parks Report. Toka! 1 i,45'J.OQ�) Dater 6/16/21 01.43.46 M Item#10. City Of Meridian Vostea general Ledger Transactions - GL Transaction Detail Report - E}rad F. . Do— G/L Proj— Effective Document C. . Cade Code Code Dato Transaction Description ID Amount Session ID Number U1 2290 34800 0888 6/14/2021 Lighr. My Fire: Donation :,IGHT MY (12,0Uc7.00) RCPT-0108 32141 to Merdidan Fire Public FIRE, INC. Ed Check # 1376 (�1 2290 34800 10457 2/1/2021 Jean Fuller: Donation to FULLER, (2,000A0) CR21-282 32043 Pub Ed CPR & Medic Program JEAN 01 2290 34800 2210 10/1/2020 Gloria Stanton: Donation STANTON, (40.00) CR21-006 32017 to Pub Ed Smoke Alarm GLORIA Program, cash 1j1 22443 34B00 22:0 10/5i202. Return at the Bank FIB 25.00 CR21-019 1178 10/5/20 - Fire Donatzcn, Sally Sutton, ck# '-66 - Orig CR21-003 9129f20 91 2290 34800 22i'J 11/5/2020 Christina Warner* WARNER, (20.GOI C,R2;-0138 32022 Donation to Pub Ed Smoke CHRISTINA Alarm Program, pd -ash 01 22" 34800 22s0 11/10/2020 Barbara Howe: Donation to HOWE, 57.001 CR2:-098 32023 Pub Ed Smoke Alarm BARBARA Program, cash O1 2290 34900 22:0 11/10/2020 Brenda Arntz-, Dona�ion tc ARNTZ, (a�),O')} CR21-099 32025 Pub Ed Smoke Alarm BRENDA Program, cash 01 2291D 348�10 22:& 11/10/2020 Thomas Ginther; Dona[iCn GIN HER, 15'J,0.0 CR21-098 32024 to Pub Ed Smoke Alarm THOMA5 Program, ck# 1233 Ol 2790 34800 22:0 12/17/2020 Carolyn Klein. Donation KLE-N, (25.0}! CR21-18 32033 to Fire Pub Ed Smoke CAROLYN Alarm Program, CK# 10638 01 2290 348b0 22:0 12/24/2020 Brenda Fitzsimons, FITZSIMO, . . 150,001 CR11-197 32036 Donation to Fire Pub Ed BRENDA Smoke Alarm Program, ck# 453 01 2290 3480C 2 :0 1/22/2021 Marilyn Lewis, Donation LEWIS, {lu0,C01 CR21-259 327-0: to Fire Pub Ed Smoke MARILYN Alarm Program, ck# 3223 01 229D 34800 22.0 2/9/2021 Lovey Bremer: Pub Ed BREMER, C1k2l-3D5 32044 Smoke Alarm Program L^VEY Dondton, cash Date, 6/16/21 0 L 44-03 PH Pi`P` Item#10. City Of Meridian Posted General Ledger Transactions - GL Transaction Detail Report - Brad F— De— G/L Proj... Effective Document C. , Code Code Code Date Transaction Description IC Amoan!. Session ID Number 4: 2290 34800 2210 3/17/2021 Valerie Thomas= Donation (50.001 RCPT-0068 32124 to Fire Pub Ed smoke alarm program, ck# 2996 Oi 2290 3480C 2210 3/1812021 William Bastian: Donation BASTIAN, (20,UO) CR211-414 32125 to Fire Pub Ed Smoke WILLIAM Alarm Program, cash 0: 2290 34800 2210 3,'2A/2021 Lorraine Brown: Donation BROWN, 1:30,1) CR2:=436 32127 to Fire Pub Ed Smoke LORRA.NE Alarm Program, ck# 8997 4: 2294 3480C 2210 3,`2A/2021 Shirley Smith: Donation SMITH, (25,001 CR2a-436 32128 to Fire Pub Ed Smoke SHIRLEY Alarm Program, ck# 7566 01 U00 3480C 2210 4/1/2021 Sharyn Wilson, Fire Pub WILSON, (50,b10) CR2I-462 .12124 Ed Smoke Alarm Donation, SHARYN ck# 8938 01 229D 34860 2214 4123,12021 Richard Christensen. Cash (20_,20) RCPT-0082 32132 donation to PUB ED Smoke Alarm Program, pd cash 01 2290 3480G 2210 5114/2021 Shirley Schey Donation to (50-001 RCPT-0093 32134 Public Education Smoke Alarm Program Check #53 41 2299 34800 22:4 5/26/2021 Christian Warner: Pub Ed WARNER, E?OO,CQI RCPT-0099 3213E smoke alarm program CHRISTINA donation, ck# 9791 0. 22 W .3480L' 2210 S/26/202i R Fredericksen: Pub Ed (25.40) RCPT-0099 32135 Smoke Alarm Program Donation, ck# 6300 01 2290 34800 2210 5/3/2021 Karen Stoke: Cash STOKES, �2091op RCPT-0102 32137 donation to PubEd Smoke KAREN Alarm Program, cash 0i 229.0 34800 2210 6/9/2421 Judith Imhoff, Donation 0 5.00) RCPT-0106 32139 to Public Education Smoke Alarm Program Check #71L 01 229Q 3480Q 50.2 12/24/2020 Brenda Fitzsimons' FITZSIMO— (25,00) Cit2:-197 32035 Donation Lo Fire Pub Ed BR£NDA Car Seat Program, ck# 452 0. 229p 34800 5027 4/7/2021 Tammy Campbell, Donation CAMPBELL, (20.00} CR21-226 320.19 to Pub Ed Car Seat IAMMY Program, pd. cash ++ p'"u" Page 87 Item#10. City Of Meridian Posted General Ledger Transactions - GL Transaction Detail Report - Brad @'.. Do— G/L Proj— Effective Document C.. Code Code Code Date Transaction Description ID Amount Session ID Number t�1 2290 34800 5027 3/5/2021 Sara Kelimofft Fire Pub KELIMOFF, 12D.C-71 CR21-374 32047 Ed Car Seat Program SARA Donation, ck#1638 01 22" 34900 5021 3/18/2021 Kimberly Adams= Donation ADAMS, 14U.00) CR21-414 .32126 to Fire Pub Ed Carseat KIMBERLY Program, cash Report Total (15,080-00) DaLe. 6116/21 01;44;03 r.1 Item#11. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Police Department: Fiscal Year 2021 Budget Amendment in the Amount of $27,405.00 for Traffic Team Motorcycle Replacement Page 89 Item#11. C� fIEN , IN4, IDAHG-. MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Police Department Meeting Date: July 6, 2021 Presenter: Lt. Leslie Estimated Time: 10 Minutes Topic: PD Budget Amendment for Traffic Team Motorcycle Replacement Recommended Council Action: Sign off on Budget Amendment Background: This motorcycle is listed for replacement on the FY22 police budget, however the bike is unable to be used until then. If we replace it now the bike should be road ready by September and the traffic team will be able to use it for a couple of months before winter. Page 90 m a s a N a N N CD m` � a _ m 0z° N + O p� [.1 a ❑ N �i1! N t1 } O1� N � h m N 1 (V N N 1 N .,.. a N o � � Qo N 0 4 � ry, f 0. 0. CM11 q1 @ c 1-0 1 q U R c Ln 07 40 E o g E uLO LCL Q N N d _ 4 Q N > I w f..1 4- U c c a m o �w, � �a v�i � ❑ m -� o_ > Q d ti a E c a " c r [� Q 4 Iv a a ++ �. �] C V Q u m m CIA g 04 nvfay<n ❑ n v, v, L � v � p c o *= c 5 14� 41 ❑ w CL o�i 01 v =a d o 0) 10 oEL F a 3 n a 0. gw di O Q O O ❑ 0 4 ❑ � O D ❑ ❑ ❑ O 00000 0 0 [L 1 O ❑ o a o a 4 p o 0 0 d 0. a7 `o 1 LL ffl V] x i+ E 14 !n v o 0 o O C p o p O o o Q ❑ o v o 4 ❑ O G7 o o q ❑ p a p p o �-1 �-4 CL a ❑ N N N N N [��! N N �./ H N N 1Y N N N N fV N N N '� N N N n U cd o C) f� � # w o 0 0 o Q o a o y^ o o S� v ri G. o c a a o v o b 0 0 0ut 0 o a ,ram G o o d o U Item#11. 61"912021 11:55AM City of Meridian FY2021 Budget Amendment Form Prior Years) Fispa(year.. Fiscal Year Fiscal Year Fisca[Year Fiscal Year Department Name: Police Funding 2021 2027 2023 2024 2025 Title: Replacement Personne' $ - - _ i=.a�u� __o-Sz nasr.ilgs• r :am�a:M��.s: Operating �` ..:� �-� $ - $ - $ - $ - 9 Deparsnerrt vAl a endArnerdmentulch oE-eccors to F[narA(BuQg to aryst)for rwlew Capital $ 27,4.05 7 Finance w]a send amendment to coumti Oaisan for signature Total $ - $ 27,405 $ - $ - S - $ 7 Ca=6 uatmn wlf!send Slgnad Arnendme r to Mayor Totai Estimated Project Cost: $ Z7,405 7 Mayor WIR sand 11gndd rare eldment tc Finan"[Budget analyst} Evaluation Qu es i ons 7 nnagce CRudger Analyst)viT,I send apprm,d=py a Amendment to Depsrt•ne.t Please answer all Eva Iuatl On Questions us!rig the f inanclaI data refe ran ced abOve. 7 Department viR add ropy orArnendmenc to councS Agenda using Naves Agenda Manager € 1. Describe what is being rectirested? TrafficTeam's Motorcycle Unit#523 has significant mechanical problems. The cost to continue rep airing the bike far exceeds the value. Repair costs are estimated to exceed 2. W�budget request not submitted during the ct rrentfiscal year budget cycle? I We could not predIctthis significant of a breakdown would occur,we planned to repiace the bike in FY22 due to age,high mileage,and increased breakdowns. I 1 3. 'vlhat is the explanation for not submittingthis budget request duringthe nextfsca ear 6e� t cycle w __� This motorcycle is listed for replacement on the FY22 police budget,however the bike is unable to he used until then. If we replace it now the bike should be road-ready by a September and the traffic team will be able to use it for a couple of months before winter. a---�-.•- -,�_�,,.—=��,,..w�.�..,.::.,«v �,�...�wd.��-�„�•,�.�...�.s�:��.�-._-::�;r:_<�.>_-.:,.v::-W-.�_�-���-�-�-.-: _ .,—�:_.r._Y�-,,,_.._,ww,,,..�u...,W.w..�.N,�...F=.=_�...._�--_.-,—�—.-- �.-��� 4_Describe the proposed method of-Funding? If funding is split between Funds(i.e. General,Enterprise,Grant),please include the percentage split. List the amounts and sources of antiapated add rtional revenue that will result from approval of this request. I S.Does this request align with the Department/City's strategic plan? If not,please explain how this request was not included in the Department/Citystrategic plan? Yes .....-._.. a. o 6. Does this request require resources to he provided by other departments? If yes,please describe then ecessaTy resourcesto be provided by other departments. 4 t �-7.Does this Amendment include any needed Egyipment or Software that will utilize the City s-network?(Yes or Na}_ 8.is the amendment gaingto result in the disposal of an asset?{Yes or No} fig..Anv add tionai comments? Total Amendment Request $ 27,405 Every effortshould be made to avoid reopening the budget for an amendment Departments will need to provide back up and app ear before the City Council to justify budget amendmerim ; Budget amendments are intended for emergency ormundatoryrhunges to the original balanced budget Changes to the original balanced budger may cause a funding shortfall. City of Meridian FY2.020 Sud get Amendment Form C:1UserslmfiorcLDazk Dp1FY202.1 BudgatAmandment Form Police AAotar Item#11. High Doseri Harley Davidson W10 r.Cln ern a❑rive Meridian,tD BSE42 ! 208-398.51599 FAX 20S--W8.59$1 Date 2611012029 Gustomer No, 99080722 Purchaser CITY OF-MERMAN _ ---- —_- . .Addrass — City State ------�_ ZIP Phone 9'11 1 hareby agree to pura}iase from you, under tho terms and ooriditions speolfied, the following: STOCK NO, Yanr New or U"d MAKE N[t7r]El IDENTir"ICAMN NUIVIn iP POLICE 2029 New, HAI3LEY FLHTP Dollvory of Ihis vohfdo in accepted by Base Prtco 17,i 9[1.75 purchaser subject.to-approval by a ffn'no• F re ht 435.t70 Ina Inoi[ullon and in I a avant of a credit repport unacceplabia to the flnancln�Irtstilu• Setup $amao Iidn, the ur6aer wltl ratum tha Vehicle herefn oascrlbed Immedlttteiy to the Accessories $0.00 dealer. The pry-cif liuure in Ihis agreomwit,is _ Doo_ Fee $399.130 t?ase upon Etha verbal ra.preseptatlon of 30 Da Tel1t or Idaho Title Fee $14.QD Buyer al file,iron ci IN agraernant Is-axe. cured. 11, a€tor conilrmation of the payoff Non Id,lax iwsllar 8°I Idaho Safes Tax [7.00 amount by the financing instiVIon,the payy off flaure•is Fees than the amount In thi- ctuat 8ridior stimated Parts&Labor agreernant,dealer a rBas to refund to the Buyer tlio differanea 1n rash.If the pay-off Extended Service Man $0.00 Ifgure is roator than the am%tilt In this ngrotenany,Buyer agrees to ppy Itt4 Dealer Paint Pro€eation the diftnrance 1 rash, Buyer agroos this order is cal vansferatk' Theft Proteetlon and In the avant this We Is not complet0� by the purchaser vadar the tams an car}- dltions as descfthad heraiIt,aair eai depoell T p d and cash and/or vahide will not Ica returned ee ancf be lorteitod es Nitrldatad darnalfes.. P s Pre Disc 0,04 if ilnaholrlg is requlroo,Ihe'PadNf ;shalt slgn a coridilicnal saliva contract dorrospondlatq Planned Malnterianus $0,00 to I'll-, copy nftanhod heTato. ThB'partlas 'area thsl the sold attacltad cvnlract Llenhold r: tagathar with this uaggmemant WAslilut6 ana NONE document,and fudhor,that In the avant of Any eon€llct,the terms and-oondittans eon- iained in the same oondllIonal safes con- tract shall be canlrollin Tho front and the back df order uornprise r the enure agreement pertaining to fhla pur- chase and nn other a ro or proms any kind, CTAL INOt„LIDIUn i'AX AND Llog TSs 4�4 vorbAf undomtsndinpr or promise, w oleo- over will be recognized. TOTALIX}'r1ffJ 1'AVMLN<T Buyer Agrees to acedpt delivery and Pa $0•0❑ Il rip a]d balenoo In cash or Iumistt oredfl rat, TOTAL CA'S14 bOWN Ina acceptable-to dealar and(Inartco Insl[tu• IJNpAiO,BALANCE $27 4Qrf•8A tlan and execute raiall installment contract IJSED VEHICLE ALLOW C1= o.OQ in said mmDuni plus below Ilalad finance charge, LESS BALANCf3 OWED $0,00 TRADB,IN EQUITY' O.oO YEAH NIAKR i3ALANCI±OWED TO, Slgriature SERIAL NO, TOTAL IKSU RAN 019 PREMIUM AND Si~RYICF 0ONTnACT 0.00 Flrtanoe ahafge ❑radi Lice And.n'S{sa4g1[y rnsumnca am NOT REQUIREDsobu,t mn fnconn'butj Yrith rhts cmdlt ab o'%th l43w.1nagu:lll Onl yy be prcrvtdBti I}4h°:9uuyyor 1e hu MUM is 6%lM6 LgD(or tSlHf SiQrls ttto'et0.[C[A¢rd L'dfpW:l lNAr3T TfiE CR>=pR"f?15UFfAhCE WC2, For a total of s 27,404.84 DEFERReD PAYMENT PRICE Signatsras o!Buyomto bq Ibsprod. ;C]Rtrr) TOTAL ANtYlE1 T FiNANOMU.NP AID BALANGB 27 404.84 To be puld in Equal Frntttfy installments µ ANNUAL PERCITN'>'AGF RATE 0 QQ aka ar 5_ 84 Will,the That rrAynlant true 0811012gz This Is An offw only and Is aol b1pdIAg upon the buyer or dealer Untll slgnad by oustsmur Arid aocoptsd by the At epptpd; manAgor or nslos.manager ar danler.it tt agrood ihnt thnro are no other warrantlgs,axpross or ImplbQd, aovarlrrg the vphl61s3 a.old hereunder other than those that ere Sul forth in this❑rder.if all ccnsldernllon clue Is MR recotvod by thin date(*)avlrar NO op(ivrt to make lisntf flanHafdor to*Your 3 debt, SALES MANAGEM BUYER'S SIGNATURE - - — A . DATE SAL5SMAN'S NAME QUYEM'S SIGNATUf3E DATE Page 93 Item#11. }'"fir' f Lr�ifr�-i tii";�+i•s3k5,r,'.;13:i �Ysis'•4•:.' 'a e-'IJ,ia��;.;'iF �id'�..d"n�:�.F'P 'l : �'Nf. ••I S.F'�ri li,:j�. ' � yes ":-,?..,e.�G%.r�:��u=.�it�5n��'.'-?:4ilPE{L}:!+'►��.\Lti.ii7�'L�:��E.=:f+i•'T n':.L?i�..�it:,-.:��::'-�,:tl � L�R�'�' q d''��'i�i,�r•. v.1Eyq r 'Y -�,;::.•,.Y•1 �.>.!�,,.�'e `fk:,x�r•.,:�;.:�i�°1,;�:5alrl:r`�'g,J MJRIfaIAN POLICE_E]�P7. �°ssx.suA�'a a[erN�an,ii[1�7o-�G soe•a�a•ss7� n. �`'^'I :,-r. /' ',f: .] '�{s' ':771.n :=y7, •:ti'li!-.u,� rnr.:f•.�•r.•.- i n•::r.,: ?:'iS�- .1s. ` `�:::i,.„:l;�s�-..•;:Y.- J'" {:'--r•'4.... -f�i .t r:,..�.::.:,, 'Stifd, .5. ',; �.. �y .�. ..,•..�;,rr,' ,.t,:�s :�.., :�;:9°;.. .�'=.s_.,.°71�° ..� .,5a� :y�k.r .t.,. . �,. IC];'r...•... .,.PIU :�'�rE 0 1 0 0 68000274 HO }«T,LTG,SIDi MARKER,RED $335,95 $285.56 0 1 0 0 65000275 HD KIT,LTG,SIDf MARKER B[. E $335,95 3285.56 0 1 0 0 660007.88 HD KI'rLTG,PAR36,RED $289,95 9229.46 Ito 1 0 0 0 68000290 H❑ KIT,LTG,PAR38,8LLIE $209.95 $229.46 K4 1 0 0 0 68DO0288 I'I❑ KIT,LTG,LtGHT ARRAY $899,95 $764.90 1 0 0 0 71718-02 HD AUXILIARY ONlOFr-SWITCH KIT $19.95 $16.96 SWi4 0 1 r] 0 70255-02B END KIT-1.10U61N0,RI•IIAUXAGYICHkM $30,96 $33.96 1 0 0 0 65000170 H❑ KiT-MNTG,FOGi_T,TOU RING WILWRS $54,95 $46.71 K4 4 1 0 0 OD202610 HD KIT,HARNIWRG,PWR INP,POCE $19.05 $18,9q V 1 0 0 68000279 HD fCIT,I.TG,PoLICE SPLICE BOX $49,95 $42,46 0 1 0 0 76001039 H❑ KIT,INPQT,P0CE AUD,WISVOE CONN $1,168.95 $993,61 0 1 0 0 69202193 11D ELEC MISC❑MPNT,AMP $28.23 $24.00 U 1 0 0 530007120H H❑ KIT,T-PAK,POCE,WIE'diER UTG,SLD $1.290,00 $1,104,15 0 1 0 0 0000137 HD KIT-EMERGENCY LIGHT,TOUR-PAK $89.37 $76.96 0 1 a 0 53196-Q9 H❑ POLICE T-P ADAPTER PLATE KIT' $109=95 $93.46 M3 3 0 0 0 68000277 14D KIT,LTG,TOUR PACK I~MER113REDgB $875.85 $744,48 K4 0 4 0 0 880W86 IAD KIT,LTG,TOUR PACT{EMER,3 v6151$0 $523,44 0 1 0 0 E8000278 HD KIT,LTG,TOUR PACX EMER,2,RED,B $460,96 $391.81 0 3 0 0 6920.1092 HD HARNESS,SPKR INTRCNGT,STAGE 2 $162.61 $138.12 0 1 0 0 94DO0637 HD MANUAL.8VCE,PQLICE,ENGLISH $129.96 $110A6 0 1 0 0 94000834 H❑ MANUAL,SVCE,TOURING,ENGLISH $1?9,95 $110.46 0 1 0 0 9400084-3 Fin MANUAL,ELEC DIGN,TOLIRING,ENGL1 $60.69 $61,59 __...-$7 427.70 . ........... Less Discount ($1,114,11) Sales Tax $0,00 Qupte Total $6,313.59 MERIDIAN POLICE DEPT.2.t21 Lz� -&'7Iiz.-�'� ---------- 0[(1 ?L _. (This is not an Invoice) Page 94 Item#12. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Parks and Recreation Department: Fiscal Year 2021 Budget Amendment in the Amount of$13,360.00 for Homecourt Staffing Page 95 Item#12. Mayor Robert E. Simison El'IDLIA N�� City Council Members: Treg Bernt Brad Hoaglun Joe Borton Jessica Perreault H 0 Luke Cavener Liz Strader June 15, 2021 MEMORANDUM TO: Mayor Robert Simison & Councilmembers FROM: Garrett White, Recreation Manager, MPR Dept. RE: Homecourt Staffing Request Background As you are aware, we have a difficult time keeping the part-time positions filled, causing us to constantly be short staffed. On May 11th, Council approved the conversion of two part-time positions to one full- time position and at that time we noted that we would like to convert a second set of part-time positions to a full-time position through the FY22 budget process. Also on May 11th, we noted that we have hired 17 part-time employees over the past 4 years. Between May 11th and now,we have lost two more part-time employees to full-time work elsewhere leaving us short staffed. Proposal To maintain staff consistency, stability and to obtain more invested employees, we are seeking approval to covert two (2) of our part-time positions into one full-time position. If approved,this will add $26,720 to the ongoing facility operations budget for FY22 and beyond. Because of the turnover in this position, we have the salary savings in the current fiscal year to cover the additional cost for the rest of FY21. Page 96 Item#12. Mayor Robert E. Simison E IDIA City Council Members: N�01 Treg Bernt Brad Hoaglun Joe Borton Jessica Perreault D A H L Luke Cavener Liz Strader June 15, 2021 MEMORANDUM TO: Mayor Robert Simison& Councilmembers FROM: Garrett White, Recreation Manager, MPR Dept. RE: Homecourt Staffing Request Background As you are aware, we have a difficult time keeping the part-time positions filled, causing us to constantly be short staffed. On May 111h, Council approved the conversion of two part-time positions to one full- time position and at that time we noted that we would like to convert a second set of part-time positions to a full-time position through the FY22 budget process. Also on May 11`h,we noted that we have hired 17 part-time employees over the past 4 years. Between May 11`h and now,we have lost two more part-time employees to full-time work elsewhere leaving us short staffed. Proposal To maintain staff consistency, stability and to obtain more invested employees,we are seeking approval to covert two (2)of our part-time positions into one full-time position. If approved,this will add$26,720 to the ongoing facility operations budget for FY22 and beyond. Because of the turnover in this position, we have the salary savings in the current fiscal year to cover the additional cost for the rest of FY21. Page 97 0 0 o CD o co a v E v E m co m y 0 0 t z z N Co 0 m ❑� OO N Pl M E Ln > > C E `u `u N N I o A � C LL o1l 071 Y u a u c " � � � T. " aa E ` m ea o yvl d H C d a E o Z OA a>i w0 6v LL p � � to eaV A A m = Z O d Z Z E t! = I I r C O y 0 y .. v v a c E E 0 �. E m � ati c o p z 8f N N ID Q CCS � w ~ � S ~ p p N T 0 0 Y ) Io QD C Q U U ~ Q O _ T N 7 AD to u m 'n a m rn a g E t- N ..-1 'i l0 m 6 O Cy j2 v F F a 0` N g N N N N N N V! V! 4ALL t/F N N } N La v O /0 e a a a j L > x N cr IN. e iU wip al � .O y c % a O A O 6 O a a R n H G 6 Q n O C vi O N N O LL Q O C N a H WIt O J J l7 eo > O U w o E l7 V C7 S a o E a 3 w A St iC A 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O o O o O O o .O 00 0 v 0 LL 40} A O �D O tl rl N m kn iL A A SM E � y ¢ N v� 0 0 0 0 0 0 0 0 C A O a a O o 0 a O 00 o a o 'x o 0 0 0 00 O x o 0 0 0 0 Q m m m m m m m m a1 Q m m m m m m m m m m m m m Q m m m m m m Q a0 171 N N N Y5 N N N w d Vl N 4 Vl 0 0 u1 0 Vl 1/1 N N O N Vl o IA N Ln Q 0 V7 N lA LL tl 0 c iR ^ tR O A Q N L o 0 0 0 0 0 0 o y o 0 0 0 0 0 0 C. 0 0 0 0 0 0 3 0 0 o fl;5 y o 0 0 0 0 `�LL. 1b LL d LL 0 _-..' Item#12. .41 PM City of Meridian FY2021 Budget Amendment Form Prior Years} Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Department Name: Parks&Recreation Funding 2021 2022 2023 2024 2025 Title: Homecourt 2 Part-Time to 1 Full Time Personne $ 1.#,:§67 $ 26,7N $ 26,720 $ 26.720 $ 26,720 rnsrrnrti—tnr tinhmittinF nurtgrt An., Operating S $ - $ - $ - $ - >Department vAll send Amendment with Directors signature to FInanCe(Budget Arialystl for review Capital $ - >Finance will send Amendment to Council ualson for signature Total $ - $ 13,3Ga $ 26,720 $ 26,720 $ 26,720 $ 26,720 >court uaiwn wet send signed Amendment to Mayor Total Estimated Project Cost: $ 120,240 >Mayor will send signed Amendment to Finance(Budget Analyst) Evaluation Questions > Finance(Budget Analyst)will send approved copy of Amendment to Department Please answer all Evaluation Questions using the financial data referenced above. > Department w add copy of Amendment toCoumil Agenda uSingNOvus Agenda Manager 1. Describe what is being requested? Parks would like to convert 2 part time homecourt staff into 1 full time Homecourt Site Supery sor. 2. Why was this budget request not submitted during the current fiscal year budget cycle? Th s budget request to convert part time into full time staff due to the realized opportunity to establish a stronger workforce at the Homecourt. 3. W hat is the explanation for not submitting this budget request during the next fiscal year budget cycle? _ A T lie opportunity.o convert staffing from part time to full time aligns well'or summerffall events at the City. 4.Describe the proposed method of funding? If funding is split between Funds(i.e.,General,Enterprise,Grant),please include the percentage split. List the amounts and sources of anticipated additional revenue that will result from approval of this request. General Fund.Salary savings during FY2021 will be availble to fund this request. 5.Does this request align with the Department/City's strategic plan? If not,please explain how this request was not Gnc:uded in the Department/City strategic plan? Yes. 6. Does this request require resources to be provided by other departments? If yes,please describe the necessary resources to be provided by other departments. MVO. 7.Does this Amendment include any needed Equipment or Software that will utilize the City's network?{Yes or tlo} No1 -- 8,is the amendment golng to result in the disposal of an asset? Yes or No) ryp 9 An add;tional Comm n s? Per City Kinds and Levels-Homecourt Site Supervisor is a Grade Level D with an Market Rate hourly rate of$15.91 Total Amendment Request $ 13,360 Every effort should be made to avoid reopening the budget for an amendment. Departments will need to provide backup and appear before the City Council to justify budget amendments. Budget amendments are intended for emergency or mandatory changes to the angmalf balanced budget. Changes to the original balanced budget may cause a funding shortfafl. Page 99 City of Meridian PY2020 Budget Amendment Form C 1Userslssiddoway�AppOatatLocal\ Microsoft\WindowsllNetCachelContent.OutlookH6NP6Z3H\FY2021 Homecourt Budget Amendment 92(003) Item#13. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Mayor's Office: Fiscal Year 2021 Budget Amendment in the Amount of $7000.00 for the Treasure Valley Youth Safety Summit Page 100 Item#13. C� fIEN , IN4, IDAHG-. MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Dave Miles, Mayor's Office Meeting Date: June, 29 2021 Presenter: Dave Miles Estimated Time: 3 mins Topic: Budget Amendment- FY2021 Treasure Valley Youth Safety Summit Recommended Council Action: Approve the fiscal year 2021 budget amendment in the amount of$7,000 for costs associated with Treasure Valley youth Safety Summit. Background: During fiscal year 2020, donated revenues were received from sponsoring businesses for youth programs and events. Due to COVID, many events did not occur in 2020. This request is to allow the use of a portion of donated revenues received in FY2020 to be used for event expenses for the upcoming FY2021 Treasure Valley Youth Safety Summit. Expenses are estimated not to exceed $7,000 for event space, food and speaker needs. <end> Page 101 N O N O N N O r f6 N N d `o O ° a� N E -0 ° E C0 m ° 3 .y. z z N m O � � 0 ECN N 1••i u u Ul Ol N O NO N Ld & It: w > > I \ N r O � Eoo ❑ ❑ N N r « c O i LL H a To To Su a a., w a N co w Q v v o u v c a N m'w n ° v p n N t m c a- CO w ° Q t a 3 c � v a m M N O G a) c 0 =' In W > u u LL o aTi E E v m o m M_ N L > r+ a+ _ O L i O L1 N U1 d a ~ CU Gi 2 LL N OI N E E C: Y y f0 f0 w p Q Q O G N (v Q_ ~ O D _ O O p u >✓ N C 0 c O a) 'c vl N v rn v v w 0 Q Ea s ° d bD 3 E c >_ Q 01 c ° C a) cm Q u Q �u g H O 0 0 m v o 0 E o 0 r a H n -Fa s N H a H H c N O LL w v m c C Co m v c y O o c a & C a) w U a\i G w a a c m (D O al u w O �n N O O O d Q Q F Q K 7 vui O O c vui w N v°i 0 }� LL N c N — N Y f0 N QJ F- a)V o o a _ v o .E 0 0 0 E E v xt 3 F a u J N N tf w V) Y O \ E \ \ f6 F > E U ly�j O E EO d 0 0 LL d W U Yi tt YX tt 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O o 0 0 0 0 0 O O O d d d d E Q� O •'y C y* O lD O T N M Ln y* O XY W E \ O O N Om O O O O I� ) .a av a a a a a a y O • E H Q O °1 x x yx 0 G o +y- 0. o o o o o 0 0 0 0 O 0 0 0 0 0 0 0 0 0 0 0 0 0_ 0 0 0 0 0 0 0. o o o No fA a V o W o ~ eC o O N 3r-I -0 � 7t � -0 rO N N ti •--I rl •--I •--I r1 J••I o o o o o o o o o o o o o �° 0 0 0 0 0 0 o 0 0 0 0 0 0 o y o 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 0 0 > z 0 0 0 � `o LL �y LL LL LL O T �, a o c� rx H Item#13. 3:26 PM City of Meridian FY2021 Budget Amendment Form Prior Year(s) Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Department Name: Mayor's Office Funding 2021 2022 2023 2024 2025 Title: Treasure Valley Youth Safety Summit Personnel $ - $ $ $ $ Irr �tiansr r Submits ing R.dger Amen rl e,Ls Operating $ 7,000 $ $ $ $ > Department will send Amendment with Directors signature to Finence(Budget Analyst)Far review Capital $ - i Finance will send Amendment to Council Ualmn For signature Total $ - $ 7,000 $ $ $ $ )Council Liaison will send slgned Amendment to Mayor Total Estimated Project Cost: $ 7,000 , Mayorwill send signed Amendment to Finance{Budget Anaiystl Evaluation Questions 7 Finance(Budget Analyst)will send approved MFpW of Amendment to Department Please answer all Evaluation Questions using the financial data referenced above. s D�psrt,rant,,,lll add copyw Amendment toC� rdlAgwrda us�ngNkrvus Agenda Manager 1. Describe what is being requested? *This is a net-zero budget amendment using FY2020 donated revenues applied to the costs of the upcoming FY2021 Treasure Valley Youth Safety Summit being held in September,2021. The FY2020 donated funds were provided for MYAC related events and not utilized in 2020 due to COVID. The donating sponsor and Finance approve the use of 2020 donated revenue for FY2021 youth expenses. 2. Why was this budget request not submitted during the current fiscal year budget cycle? This event is based on receiveing donated revenues to cover expenses. Budget amendments are the appropriate tool capture donated revenue to cover expenses. 3. What is the explanation for not submitting this budget request during the next fiscal year budget cycle? Event occurs in current(FY21)fiscal year. 4.Describe the proposed method of funding? If funding is split between Funds(i.e. General,Enterprise,Grant),please include the percentage split. List the amounts and sources of anticipated additional revenue that will result from approval of this request. Donated revenue used to cover funding needs. 5.Does this request align with the Department/City's strategic plan? If not,please explain how this request was not included in the Department/City strategic plan? Yes-youth engagement and programs. 6. Does this request require resources to be provided by other departments? If yes,please describe the necessary resources to be provided by other departments. No 7.Does this Amendment include any needed Equipment or Software that will utilize the Cit 's network? Yes or No Lo 8.Is the amendment going to result in the disposal of an asset?(Yes or No) LJyo 9.Any additional comments? N/A Total Amendment Request $ 7,000 Every effort should be made to avoid reopening the budget for an amendment. Departments will need to provide backup and appear before the City Council to justify budget amendments. Budget amendments are intended for emergency or mandatory changes to the original balanced budget. Changes to the original balanced budget may cause a funding shortfall. Page 103 City of Meridian FY2020 Budget Amendment Form H:\1 Mayors Office\Budget\FY2021\TVYSS Budget Amendment-6 21 2021 Item#13. City Of Meridian Posted General Ledger Transactions - GL Transaction Detail Report - Brad F. . De... G/L Proj. . . Effective Document C. . Code Code Code Date Transaction Description ID Amount Session ID Number 01 1313 34800 0136 12/9/2019 Idaho Central Credit ICCU (10,000.00) CR20-159 31817 Union: Donation to Mayors Office, MYAC, ck# 73572 Report Total (10,000.00) Date: 6/21/21 04:37:25 PM Page: 1 Page 104 Item 22 E IDIAN;--- AGENDA ITEM ITEM TOPIC: Budget Workshop Page 4 Charlene Way From:Matthew Adams <coachmatt208@gmail.com> Sent:Monday, June 28, 2021 3:04 PM To:City Clerk; Robert Simison; Liz Strader; Joe Borton; Brad Hoaglun; Treg Bernt; Jessica Perreault; Luke Cavener Subject:June 29, 2021: City Budget Discussions - Fire/Police External Sender - Please use caution with links or attachments. Good Afternoon Clerk, Mayor, and Council Members - Thank you for the work you do. I am contacting you regarding the budget items for Fire Stations #7 and #8 and the associated Police Substations. As a resident of Meridian City for over 15 years and former member of the city impact fee advisory committee I STRONGLY support the funding of both station #7 and #8. I ask that you approve the budget requests before you to build out both locations as rapidly as possible. I understand the challenge in balancing budgets and the tax burdens on myself and my neighbors. However, the need is already present and the time is now. I am 100% supportive of investing this money. I worry about the ability of our professional Fire Fighters and Police Officers to perform without the resources they need. Any delay to this important infrastructure which is critical for the function of any successful city, will result in reduced service and increased cost in the future. Worst case scenario, loss of life and property could result if these important projects are delayed. Meridian is a premier city in the north west and in the United States largely based on the commitment of the City to provide services at a high level. I ask that you fully fund the Fire Stations and Police Substations and continue to provide the excellent services that my neighbors and I depend on. Thank you, Matthew T. Adams 1273 E. Legacy View Dr. Meridian, ID 83646 p. 208-921-4757 e. coachmatt208@gmail.com 1 Charlene Way From:Jon Wardle <jwardle@brightoncorp.com> Sent:Monday, June 28, 2021 3:43 PM To:Robert Simison; Treg Bernt; Joe Borton; Luke Cavener; Brad Hoaglun; Jessica Perreault; Liz Strader Cc:City Clerk Subject:Support for Fire Stations & Police Substation / Precincts External Sender - Please use caution with links or attachments. Dear Mayor Simison and Meridian City Council, We recognize that the City has many priorities, and has done a phenomenal job of managing services and allocating resources. Perhaps one of the most important services is life safety for community members as provided by the Police and Fire Departments. True to form and just like the other City Departments, Police and Fire are well run organizations that keep Meridian safe and bring a positive influence. Meridian’s growth requires additional community resources be expended. The City has been proactive in planning and saving for this moment. We would like to express our support and request the City continue to budget for the design and construction of fire stations and police substations in South and Northwest Meridian. Understandably, there are many requests and opportunities to use the available resources, but not every project can be funded. However, we do believe that now is the time to ensure funding for the future Fire and Police facilities as you complete the next budget cycle. Thank you for your consideration. Jon Wardle President, Brighton Development, Inc. BRIGHTON – Creating GREAT Places www.brightoncorp.com 2929 W. Navigator Dr., Suite 400, Meridian, ID 83642 O: 208.378.4000 D: 208.287.0518 C: 208.871.9361 E: jwardle@brightoncorp.com 1 Item 22 IDIAN.;--- AGENDA ITEM ITEM TOPIC: Budget Workshop- Presentations Page 4 K i sti n g and Entitled Hwy 20/26 s eve l o p m e nt Existing Residential: 686 units u t s i d e Existing � Existing Commercial Sq Ft: 6,965 sq ft — — — ` r Planned Residential: 0 units I0 OAF Five Minute Fire Drive Time -Minute Fire City Limits 0 rive Time o I McM�illan Ln r — — — -: — '� / U U I Q + s 4F I � I I I I I I I I r '' l�Jsfick` -----------—------- / / Amity � Amity Clo�erd / w r — I I Lake Hazel Vi lor/A I a� J I I `W a� I I \ 1 I I o L ® i I Existing Residential: 548 unit L _ _ I - Existing Commercial Sq Ft: 0 sq Planned Residential: 120 unit Columbia Five Minute Fire Drive Time ` — — — — — — — J City Limits County of Ada,Esri Canada,Esri,HERE,Garmin,Safe.ph,INCREMENT P,MET]/NASA,USGS,Bureau of Land Management,EPA,NPS,US Census Bureau,USDA,County of Ada,Sta of Or, on CEO, Esri Canada,Esri,HERE,Garmin,SafeGraph,INCREMENT P,METI/NASA,USGS,Bureau of land Management,EPA,NPS,US Census Bureau,USDA to Kisting and Entitled Hwy20/26 �� L — Chinden, ,J ,�/��/• / evelopment Existing Residential: 2,130 units I r — — �u t s i d e Existing = Existing Commercial Sq Ft: 331,615 sq ft � Planned Residential: 1,129 units S Five Minute Fire Response -Minute Fire - J City Limits esponse Q McMillan U I +� U I m — — — — 4- — — — I I � I I I � Ustick �I Amity, 'Amity Cloverd L. — J I I \ \ I I _, I I f L 2 I I Lake Hazel ` � r - a I — — , - — rJ — wi � 1� I I ` � I I a) NI 1 0 L J I r L — U I r:: I I / I L — + _ _ J — \ I r I I Existing Residential: 1,652 ur L _ _ I Existing Commercial Sq Ft: 76,468 sc Planned Residential: 1,149 ur I Columbia Five Minute Fire Response — — r City Limits County of Ada,Esri Canada,Esri,HERE,Ga in,Safe,ph,INCREMENT P,MET]/NASA,USGS,Bureau of Land Management,EPA,NPS,US Census Bureau,USDA,County of Ada,Statc of Or g,,CEO, Esri Canada,Esri,HERE,G.-in,S N Graph,INCREMENT P,METI/NASA,USGS,Bureau of land Management,EPA,NPS,US Census Bureau,USDA Item#15. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: AIA B133 Agreement with Rice Fergus Miller, Inc. for the Final Design and Construction Administration for the Northwest Fire Station in the Not-To-Exceed Amount of $405,925.00 Page 105 Item#15. C� fIEN , IN4, IDAHG-. MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Keith Watts, Procurement Division Meeting Date: June 15, 2021 Presenter: Consent/ Kris Blume Estimated Time: N/A Topic: Approval of AIA B133 Agreement with Rice Fergus Miller for the Final Design and Construction Administration for the NW Fire Station in the Not-To-Exceed amount of $405,925.00 Recommended Council Action: Approval of Agreement and authorize the Procurement Manager to execute agreement and issue a PO for$405,925.00. Background: This agreement is issued as an associated project to Fire Station 6 design per Idaho Statute 67- 2320(4) Page 106 Item#15. AIA Document B133" - 2019 Standard Form of Agreement Between Owner and Architect, Construction Manager as Constructor Edition AGREEMENT made as of the Seventh day of June in the year Two Thousand Twenty-one (In words, indicate day, month and year.) ADDITIONS AND DELETIONS: The author of this document has BETWEEN the Architect's client identified as the Owner: added information needed for its (Name, legal status, address, and other information) completion.The author may also have revised the text of the original City of Meridian,and Idaho Municipal Corporation AIA standard form.An Additions and c/o Meridian Finance Department Deletions Report that notes added 33 E. Broadway Avenue information as well as revisions to the Meridian,Idaho 86342 standard form text is available from the author and should be reviewed.A and the Architect: vertical line in the left margin of this (Name, legal status, address, and other information) document indicates where the author has added necessary information Rice Fergus Miller,Inc. and where the author has added to or 275 51'Street,Suite 100 deleted from the original AIA text. Bremerton,WA 98337 This document has important legal Telephone Number: 360-377-8773 consequences.Consultation with an attorney is encouraged with respect for the following Project: to its completion or modification. (Name, location, and detailed description) This document is intended to be used in conjunction with AIA Documents Meridian NW Fire Station Design—Construction Administration A201-2017Tm,General Conditions of RFM Project Number: 2020038.03 the Contract for Construction; The Construction Manager(if known): A133-2019'rm Standard Form of (Name, legal status, address, and other information) Agreement Between Owner and Construction Manager as Engineered Structures,Inc.(ESI Construction) Constructor where the basis of 3330 E.Lousie Drive,Suite 300 payment is the Cost of the Work Plus Meridian,Idaho 83642 a Fee with a Guaranteed Maximum Telephone Number(208)362-3040 Price;and All 34-2019TM Standard Form of Agreement Between Owner The Owner and Architect agree as follows. and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee without a Guaranteed Maximum Price.AIA Document A201 TM-2017 is adopted in this document by reference.Do not use with other general conditions unless this document is modified. Init. AIA Document B133'"—2019.Copyright©2014,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 18:47:13 ET on 06/07/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is licensed for one-time use only,a I be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 107 User Notes: (1936 Item#15. TABLE OF ARTICLES 1 INITIAL INFORMATION 2 ARCHITECT'S RESPONSIBILITIES 3 SCOPE OF ARCHITECT'S BASIC SERVICES 4 SUPPLEMENTAL AND ADDITIONAL SERVICES 5 OWNER'S RESPONSIBILITIES 6 COST OF THE WORK 7 COPYRIGHTS AND LICENSES 8 CLAIMS AND DISPUTES 9 TERMINATION OR SUSPENSION 10 MISCELLANEOUS PROVISIONS 11 COMPENSATION 12 SPECIAL TERMS AND CONDITIONS 13 SCOPE OF THE AGREEMENT ARTICLE 1 INITIAL INFORMATION § 1.1 This Agreement is based on the Initial Information set forth in this Section 1.1. (For each item in this section, insert the information or a statement such as "not applicable"or "unknown at time of execution.') § 1.1.1 The Owner's program for the Project: (Insert the Owner's program, identify documentation that establishes the Owner's program,or state the manner in which the program will be developed.) The NW fire station shall be based on the Meridian Fire Station#6 prototype building with the following major features. The building shall have three(3)drive through apparatus bays and six(6)sleep rooms along with accompanying living, work,and support areas.For more detail refer to the facility planning workshop notes from November 2020.The site includes approximately 4 acres of development included a Meridian Police substation to be constructed at a future date. § 1.1.2 The Project's physical characteristics: (Identify or describe pertinent information about the Project's physical characteristics, such as size;location; dimensions;geotechnical reports;site boundaries;topographic surveys;traffic and utility studies;availability of public and private utilities and services;legal description of the site, etc) As outlined in Rice Fergus Miller/Pivot North Architecture's Meridian Fire Department Facility Planning Workshop document,dated November 13,2020 § 1.1.3 The Owner's budget for the Cost of the Work,as defined in Section 6.1: (Provide total and, if known, a line item breakdown) $385,925.00 § 1.1.4 The Owner's anticipated design and construction milestone dates: .1 Design phase milestone dates,if any: 12/15/2021 Init. AIA Document B133'"—2019.Copyright©2014,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 18:47:13 ET on 06/07/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is licensed for one-time use only,a I be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 108 User Notes: (1936 Item#15. .2 Construction commencement date: TBD .3 Substantial Completion date or dates: TBD .4 Other milestone dates: NA § 1.1.5 The Owner intends to retain a Construction Manager pursuant to the following agreement: (Indicate agreement type) [X] AIA Document A133-2019,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. [ ] AIA Document A134-2019,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 without a Guaranteed Maximum Price. § 1.1.6 The Owner's requirements for accelerated or fast-track design and construction,or phased construction are set forth below: (List number and type of bid/procurement packages) None identified at this time. § 1.1.7 The Owner's anticipated Sustainable Objective for the Project: (Identify and describe the Owner's Sustainable Objective for the Project, if any) None. § 1.1.7.1 If the Owner identifies a Sustainable Objective,the Owner and Architect 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 Architect 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. § 1.1.8 The Owner identifies the following representative in accordance with Section 5.4: (List name, address, and other contact information) Stacy Redman Facilities Project Manager City of Meridian,Public Works Department 33 E.Broadway Avenue Meridian,Idaho 83642 sredman(&meridiancit .ororg (Office Phone)208-489-0374 (Cell Phone)208-985-4234 (Fax)208-898-9551 Init. AIA Document B133'"—2019.Copyright©2014,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 18:47:13 ET on 06/07/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is licensed for one-time use only,a I be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 109 User Notes: (1 936 Item#15. § 1.1.9 The persons or entities,in addition to the Owner's representative,who are required to review the Architect's submittals to the Owner are as follows: (List name, address, and other contact information) Not applicable. § 1.1.10 The Owner shall retain the following consultants and contractors: (List name, legal status, address, and other contact information) .1 Construction Manager: (The Construction Manager is identified on the cover page.If a Construction Manager has not been retained as of the date of this Agreement,state the anticipated date of retention. If the Architect is to assist the Owner in selecting the Construction Manager, complete Section 4.1.1.1) Engineered Structures,Inc. .2 Land Surveyor: Not by Owner;included in services of Architect. .3 Geotechnical Engineer: By owner,Atlas Geotechnical Services .4 Civil Engineer: Not by Owner;included in services of Architect. .5 Other consultants and contractors: (List any other consultants and contractors retained by the Owner.) None identified at this time. § 1.1.11 The Architect identifies the following representative in accordance with Section 2.4: (List name, address, and other contact information) Gunnar R.Gladics,Project Manager ggladics@rfinarch.com phone:360.377.8773 Rice Fergus Miller,Inc. 275 51h St.4100 Bremerton,WA 98337 § 1.1.12 The Architect shall retain the consultants identified in Sections 1.1.12.1 and 1.1.12.2: (List name, legal status, address, and other contact information) § 1.1.12.1 Consultants retained under Basic Services: .1 Structural Engineer: KPFF Judsen Williams SE Principal Engineer Judsen.williams@kpff.com Phone: 208.336.6985 412 E. Parkcenter Blvd. Suite 200 Boise,ID 83706 Init. AIA Document B133'"—2019.Copyright©2014,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 18:47:13 ET on 06/07/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is licensed for one-time use only,a I be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 110 User Notes: (1936 Item#15. .2 Mechanical Engineer: Cator Ruma Brittany Austin Project Engineer baustin@caton-uma.com Phone:208.343.3663 420 S.Orchard Street Boise,ID 83705 .3 Electrical Engineer: Cator Ruma Kyle Olsen PE Project Engineer kolsen@catorruma.com Phone:208.343.3663 420 S.Orchard Street Boise,ID 83705 .4 Associate Architect: Pivot North Architecture Clint Sievers AIA,Project Architect clint@pivotnorthdesi ng com Phone:208.690.3108 1101 West Grove St. Boise,ID 83702 § 1.1.12.2 Consultants retained under Supplemental Services: .5 Civil Engineer(included in Architect's Basic Services fee): Eric Cronin PE, Project Engineer eric(&thelandgroupinc.com Phone:208.939.4041 462 E Shore Dr.#100 Eagle,ID 83616 .6 Landscape Architecture(included in Architect's Basic Services fee): Bob Schafer,Landscape Architect bob(a-)thelandaroupinc.com Phone: 208.939.4041 462 E Shore Dr.#100 Eagle,ID 83616 .7 IT Design(included in Architect's Basic Services fee): Kyle Olsen PE,Project Engineer kolsen(&catornuna.com Phone:208.343.3663 420 S.Orchard Street Boise,ID 83705 § 1.1.13 Other Initial Information on which the Agreement is based: Init. AIA Document B133'"—2019.Copyright 02014,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 18:47:13 ET on 06/07/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is licensed for one-time use only,a I be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 111 User Notes: (1 936 Item#15. § 1.2 The Owner and Architect may rely on the Initial Information.Both parties,however,recognize that the Initial Information may materially change and,in that event,the Owner and the Architect shall appropriately adjust the Architect's services,schedule for the Architect's services,and the Architect's compensation(if required) § 1.3 The parties shall agree upon protocols governing the transmission and use of Instruments of Service or any other information or documentation in digital form. § 1.3.1 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, shall be at the using or relying parry'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 ARCHITECT'S RESPONSIBILITIES § 2.1 The Architect shall provide professional services as set forth in this Agreement.The Architect represents that it is properly licensed in the jurisdiction where the Project is located to provide the services required by this Agreement,or shall cause such services to be performed by appropriately licensed design professionals. § 2.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances.The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. § 2.3 The Architect shall provide its services in conjunction with the services of a Construction Manager as described in the agreement identified in Section 1.1.5.The Architect shall not be responsible for actions taken by the Construction Manager. § 2.4 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the Project. § 2.5 Except with the Owner's knowledge and consent,the Architect shall not engage in any activity,or accept any employment,interest or contribution that would reasonably appear to compromise the Architect's professional judgment with respect to this Project. § 2.6 Insurance.The Architect shall maintain the following insurance until termination of this Agreement.If any of the requirements set forth below are in addition to the types and limits the Architect normally maintains,the Owner shall pay the Architect as set forth in Section 11.9. § 2.6.1 Commercial General Liability with policy limits of not less than Two Million Dollars($2,000,000.00.)for each occurrence and Two Million Dollars($2,000,000.00.) in the aggregate for bodily injury and property damage. § 2.6.2 Automobile Liability covering vehicles owned,and non-owned vehicles used,by the Architect with policy limits of not less than One Million Dollars($1,000,000.00)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. § 2.6.3 The Architect may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess or umbrella liability insurance,provided such primary and excess or umbrella liability insurance policies result in the same or greater coverage as the coverages required under Sections 2.6.1 and 2.6.2,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. § 2.6.4 Workers' Compensation at statutory limits. § 2.6.5 Intentionally Deleted. § 2.6.6 Professional Liability covering negligent acts,errors and omissions in the performance of professional services, with policy limits of not less than Five Million Dollars($5,000,000.00)per claim and Five Million Dollars ($5,000,000.00)in the aggregate. Init. AIA Document B133'"—2019.Copyright©2014,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 18:47:13 ET on 06/07/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is licensed for one-time use only,a I be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 112 User Notes: (1936 Item#15. § 2.6.7 Additional Insured Obligations.The Architect shall cause the primary and excess or umbrella polices for Commercial General Liability and Automobile Liability to include the Owner as an additional insured.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. § 2.6.8 The Architect shall provide certificates of insurance to the Owner that evidence compliance with the requirements in this Section 2.6. ARTICLE 3 SCOPE OF ARCHITECT'S BASIC SERVICES § 3.1 The Architect's Basic Services consist of those described in this Article 3 and include usual and customary structural,mechanical,and electrical engineering services. Services not set forth in this Article 3 are Supplemental or Additional Services. § 3.1.1 The Architect shall manage the Architect's services,research applicable design criteria,attend Project meetings, communicate with members of the Project team,and report progress to the Owner. § 3.1.2 The Architect shall coordinate its services with those services provided by the Owner,the Construction Manager, and the Owner's consultants.The Architect shall be entitled to rely on,and shall not be responsible for,the accuracy, completeness,and timeliness of,services and information furnished by the Owner,the Construction Manager,and the Owner's consultants.The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any error,omission,or inconsistency in such services or information. § 3.1.3 As soon as practicable after the date of this Agreement,the Architect shall submit,for the Construction Manager's review and the Owner's approval,a schedule for the performance of the Architect's services.The schedule shall include design phase milestone dates,as well as the anticipated dates for the commencement of construction and for Substantial Completion of the Work as set forth in the Initial Information.The schedule shall include allowances for periods of time required for the Owner's review,for the Construction Manager's review,for the performance of the Construction Manager's Preconstruction Phase services,for the performance of the Owner's consultants,and for approval of submissions by authorities having jurisdiction over the Project.Once approved by the Owner,time limits established by the schedule shall not,except for reasonable cause,be exceeded by the Architect or Owner.With the Owner's approval, the Architect shall adjust the schedule,if necessary,as the Project proceeds until the commencement of construction. § 3.1.4 The Architect shall submit information to the Construction Manager and participate in developing and revising the Project schedule as it relates to the Architect's services.The Architect shall review and approve,or take other appropriate action upon,the portion of the Project schedule relating to the performance of the Architect's services. §3.1.5 The Architect shall not be responsible for an Owner's directive or substitution,or for the Owner's acceptance of non-conforming work,made or given without the Architect's written approval. § 3.1.6 The Architect shall,in coordination with the Construction Manager,contact governmental authorities required to approve the Construction Documents and entities providing utility services to the Project.The Architect shall respond to applicable design requirements imposed by those authorities and entities. § 3.1.7 The Architect shall assist the Owner and Construction Manager in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. § 3.1.8 Prior to the Owner's acceptance of the Construction Manager's Guaranteed Maximum Price proposal,or the Owner's approval of the Construction Manager's Control Estimate,as applicable,the Architect shall consider the Construction Manager's requests for substitutions and,upon written request of the Construction Manager,provide clarification or interpretations pertaining to the Drawings,Specifications,and other documents submitted by the Architect.The Architect and Construction Manager shall include the Owner in communications related to substitution requests,clarifications,and interpretations. § 3.1.9 Concept Design and Entitlement Support PROVIDED UNDER SEPARATE CONTRACT Init. AIA Document B133'"—2019.Copyright©2014,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 18:47:13 ET on 06/07/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is licensed for one-time use only,a I be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 113 User Notes: (1936 Item#15. §3.2 Review of the Construction Manager's Guaranteed Maximum Price Proposal or Control Estimate-NOT INCLUDED IN CONTRACT OR FEE § 3.2.1 At a time to be mutually agreed upon by the Owner and the Construction Manager,the Construction Manager shall prepare,for review by the Owner and Architect,and for the Owner's acceptance or approval,a Guaranteed Maximum Price proposal or Control Estimate.The Architect shall assist the Owner in reviewing the Construction Manager's proposal or estimate.The Architect's review is not for the purpose of discovering errors,omissions,or inconsistencies;for the assumption of any responsibility for the Construction Manager's proposed means,methods,sequences,techniques,or procedures;or for the verification of any estimates of cost or estimated cost proposals.In the event that the Architect discovers any inconsistencies or inaccuracies in the information presented,the Architect shall promptly notify the Owner and Construction Manager. § 3.2.2 Upon authorization by the Owner,and subject to Section 4.2.1.14,the Architect shall update the Drawings, Specifications,and other documents to incorporate the agreed upon assumptions and clarifications contained in the Guaranteed Maximum Price Amendment or Control Estimate. § 3.3 Schematic Design Phase Services-PROVIDED UNDER SEPARATE CONTRACT § 3.3.1 The Architect shall review the program,and other information furnished by the Owner and Construction Manager, and shall review laws,codes,and regulations applicable to the Architect's services. § 3.3.2 The Architect shall prepare a preliminary evaluation of the Owner's program,schedule,budget for the Cost of the Work,Project site,and other Initial Information,each in terms of the other,to ascertain the requirements of the Project. The Architect shall notify the Owner of(1)any inconsistencies discovered in the information,and(2)other information or consulting services that may be reasonably needed for the Project. § 3.3.3 The Architect shall present its preliminary evaluation to the Owner and Construction Manager and shall discuss with the Owner and Construction Manager alternative approaches to design and construction of the Project.The Architect shall reach an understanding with the Owner regarding the requirements of the Project. § 3.3.4 Based on the Project requirements agreed upon with the Owner,the Architect shall prepare and present,to the Owner and Construction Manager,for the Owner's approval,a preliminary design illustrating the scale and relationship of the Project components. § 3.3.5 Based on the Owner's approval of the preliminary design,the Architect shall prepare Schematic Design Documents for Construction Manager's review and the Owner's approval.The Schematic Design Documents shall consist of drawings and other documents including a site plan,if appropriate,and preliminary building plans,sections and elevations;and may include some combination of study models,perspective sketches,or digital representations. Preliminary selections of major building systems and construction materials shall be noted on the drawings or described in writing. § 3.3.5.1 The Architect shall consider sustainable design alternatives,such as material choices and building orientation, together with other considerations based on program and aesthetics,in developing a design that is consistent with the Owner's program,schedule and budget for the Cost of the Work.The Owner may obtain more advanced sustainable design services as a Supplemental Service under Section 4.1. § 3.3.5.2 The Architect shall consider with the Owner and the Construction Manager the value of alternative materials, building systems and equipment,together with other considerations based on program and aesthetics,in developing a design for the Project that is consistent with the Owner's program,schedule,and budget for the Cost of the Work. § 3.3.6 The Architect shall submit the Schematic Design Documents to the Owner and the Construction Manager.The Architect shall meet with the Construction Manager to review the Schematic Design Documents. § 3.3.7 Upon receipt of the Construction Manager's review comments and cost estimate at the conclusion of the Schematic Design Phase,the Architect shall take action as required under Section 6.4,and request the Owner's approval of the Schematic Design Documents.If revisions to the Schematic Design Documents are required to comply with the Owner's budget for the Cost of the Work at the conclusion of the Schematic Design Phase,the Architect shall incorporate the required revisions in the Design Development Phase. Init. AIA Document B133'"—2019.Copyright 02014,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 18:47:13 ET on 06/07/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is licensed for one-time use only,a I be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 114 User Notes: (1 936 Item#15. § 3.3.8 In the further development of the Drawings and Specifications during this and subsequent phases of design,the Architect shall be entitled to rely on the accuracy of the estimates of the Cost of the Work,which are to be provided by the Construction Manager under the Construction Manager's agreement with the Owner. § 3.4 Design Development Phase Services § 3.4.1 Based on the Owner's approval of the Schematic Design Documents,and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work,the Architect shall prepare Design Development Documents for the Construction Manager's review and the Owner's approval.The Design Development Documents shall be based upon information provided,and estimates prepared by,the Construction Manager and shall illustrate and describe the development of the approved Schematic Design Documents and shall consist of drawings and other documents including plans,sections,elevations,typical construction details,and diagrammatic layouts of building systems to fix and describe the size and character of the Project as to architectural,structural,mechanical and electrical systems,and other appropriate elements.The Design Development Documents shall also include outline specifications that identify major materials and systems and establish in general their quality levels. § 3.4.2 Prior to the conclusion of the Design Development Phase,the Architect shall submit the Design Development Documents to the Owner and the Construction Manager.The Architect shall meet with the Construction Manager to review the Design Development Documents. § 3.4.3 Upon receipt of the Construction Manager's information and estimate at the conclusion of the Design Development Phase,the Architect shall take action as required under Sections 6.5 and 6.6 and request the Owner's approval of the Design Development Documents. § 3.5 Construction Documents Phase Services § 3.5.1 Based on the Owner's approval of the Design Development Documents,and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work,the Architect shall prepare Construction Documents for the Construction Manager's review and the Owner's approval.The Construction Documents shall illustrate and describe the further development of the approved Design Development Documents and shall consist of Drawings and Specifications setting forth in detail the quality levels and performance criteria of materials and systems and other requirements for the construction of the Work.The Owner and Architect acknowledge that,in order to perform the Work,the Construction Manager will provide additional information,including Shop Drawings,Product Data,Samples and other similar submittals,which the Architect shall review in accordance with Section 3.6.4. § 3.5.2 The Architect shall incorporate the design requirements of governmental authorities having jurisdiction over the Project into the Construction Documents. § 3.5.3 During the development of the Construction Documents,if requested by the Owner,the Architect shall assist the Owner and Construction Manager in the development and preparation of(1)the Conditions of the Contract for Construction(General,Supplementary and other Conditions)and(2)a project manual that includes the Conditions of the Contract for Construction and Specifications,and may include sample forms. § 3.5.4 Prior to the conclusion of the Construction Documents Phase,the Architect shall submit the Construction Documents to the Owner and the Construction Manager.The Architect shall meet with the Construction Manager to review the Construction Documents. § 3.5.5 Upon receipt of the Construction Manager's information and estimate at the conclusion of the Construction Documents Phase,the Architect shall take action as required under Section 6.7,and request the Owner's approval of the Construction Documents. § 3.6 Construction Phase Services § 3.6.1 General § 3.6.1.1 The Architect shall provide administration of the Contract between the Owner and the Construction Manager as set forth below and in AIA Document A201T114-2017,General Conditions of the Contract for Construction.If the Owner and Construction Manager modify ATA Document A201-2017,those modifications shall not affect the Architect's Init. AIA Document B133'"—2019.Copyright 02014,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 18:47:13 ET on 06/07/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is licensed for one-time use only,a I be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 115 User Notes: (1936 Item#15. services under this Agreement unless the Owner and the Architect amend this Agreement.The term"Contractor"as used in A201-2017 shall mean the Construction Manager. § 3.6.1.2 Subject to Section 4.2,the Architect's responsibility to provide Construction Phase Services commences upon the Owner's acceptance of the Construction Manager's Guaranteed Maximum Price proposal,the Owner's approval of the Construction Manager's Control Estimate,or by a written agreement between the Owner and Construction Manager which sets forth a description of the Work to be performed by the Construction Manager prior to such acceptance or approval. Subject to Section 4.2,and except as provided in Section 3.6.6.5,the Architect's responsibility to provide Construction Phase Services terminates on the date the Architect issues the final Certificate for Payment. § 3.6.1.3 The Architect shall advise and consult with the Owner and Construction Manager during the Construction Phase Services.The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement. The Architect shall not have control over,charge of,or responsibility for the construction means,methods,techniques, sequences or procedures,or for safety precautions and programs in connection with the Work,nor shall the Architect be responsible for the Construction Manager's failure to perform the Work in accordance with the requirements of the Contract Documents.The Architect shall be responsible for the Architect's negligent acts or omissions,but shall not have control over or charge of,and shall not be responsible for,acts or omissions of the Construction Manager or of any other persons or entities performing portions of the Work. § 3.6.2 Evaluations of the Work § 3.6.2.1 The Architect shall visit the site at intervals appropriate to the stage of construction,or as otherwise required in Section 4.2.3,to become generally familiar with the progress and quality of the portion of the Work completed,and to determine,in general,if the Work observed is being performed in a manner indicating that the Work,when fully completed,will be in accordance with the Contract Documents.However,the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work.On the basis of the site visits,the Architect shall 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 Construction Manager,and(3)defects and deficiencies observed in the Work. § 3.6.2.2 The Architect has the authority to reject Work that does not conform to the Contract Documents.Whenever the Architect considers it necessary or advisable,the Architect shall have the authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents,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 Construction Manager, Subcontractors,suppliers,their agents or employees,or other persons or entities performing portions of the Work. § 3.6.2.3 The Architect shall interpret and decide matters concerning performance under,and requirements of,the Contract Documents on written request of either the Owner or Construction Manager.The Architect's response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 3.6.2.4 Interpretations and decisions of the Architect shall be consistent with the intent of,and reasonably inferable from,the Contract Documents and shall be in writing or in the form of drawings.When making such interpretations and decisions,the Architect shall endeavor to secure faithful performance by both Owner and Construction Manager,shall not show partiality to either,and shall not be liable for results of interpretations or decisions rendered in good faith.The Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents subject to written approval of the Owner. § 3.6.2.5 Unless the Owner and Construction Manager designate another person to serve as an Initial Decision Maker,as that term is defined in AIA Document A201-2017,the Architect shall render initial decisions on Claims between the Owner and Construction Manager as provided in the Contract Documents. § 3.6.3 Certificates for Payment to Construction Manager § 3.6.3.1 The Architect shall review and certify the amounts due the Construction Manager and shall issue certificates in such amounts.The Architect's certification for payment shall constitute a representation to the Owner,based on the Architect's evaluation of the Work as provided in Section 3.6.2 and on the data comprising the Construction Manager's Application for Payment,that,to the best of the Architect's knowledge,information and belief,the Work has progressed Init. AIA Document B133'"—2019.Copyright©2014,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 18:47:13 ET on 06/07/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is licensed for one-time use only,a I be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 116 User Notes: (1936 Item#15. to the point indicated,the quality of the Work is in accordance with the Contract Documents,and that the Construction Manager is entitled to payment in the amount certified.The foregoing representations are subject to(1)an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion,(2)results of subsequent tests and inspections,(3)correction of minor deviations from the Contract Documents prior to completion,and(4)specific qualifications expressed by the Architect. § 3.6.3.2 The issuance of a Certificate for Payment shall not be a representation that the Architect has(1)made exhaustive or continuous on-site inspections to check the quality or quantity of the Work,(2)reviewed construction means,methods, techniques,sequences or procedures,(3)reviewed copies of requisitions received from Subcontractors and suppliers and other data requested by the Owner to substantiate the Construction Manager's right to payment,or(4)ascertained how or for what purpose the Construction Manager has used money previously paid on account of the Contract Sum. § 3.6.3.3 The Architect shall maintain a record of the Applications and Certificates for Payment. § 3.6.4 Submittals § 3.6.4.1 The Architect shall review the Construction Manager's submittal schedule and shall not unreasonably delay or withhold approval of the schedule.The Architect's action in reviewing submittals shall be taken in accordance with the approved submittal schedule 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. § 3.6.4.2 The Architect shall review and approve,or take other appropriate action upon,the Construction Manager'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.Review of such submittals is not for the purpose of determining the accuracy and completeness of other information such as dimensions, quantities,and installation or performance of equipment or systems,which are the Construction Manager's responsibility. The Architect's review shall not constitute approval of safety precautions or 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. § 3.6.4.3 If the Contract Documents specifically require the Construction Manager to provide professional design services or certifications by a design professional related to systems,materials,or equipment,the Architect shall specify the appropriate performance and design criteria that such services must satisfy.The Architect shall review and take appropriate action on Shop Drawings and other submittals related to the Work designed or certified by the Construction Manager's design professional,provided the submittals bear such professional's seal and signature when submitted to the Architect.The Architect's review shall be for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents.The Architect shall be entitled to rely upon,and shall not be responsible for,the adequacy and accuracy of the services,certifications,and approvals performed or provided by such design professionals. § 3.6.4.4 Subject to Section 4.2,the Architect shall review and respond to requests for information about the Contract Documents.The Architect shall set forth,in the Contract Documents,the requirements for requests for information. Requests for information shall include,at a minimum,a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested.The Architect's response to such requests shall be made in writing within any time limits agreed upon,or otherwise with reasonable promptness.If appropriate,the Architect shall prepare and issue supplemental Drawings and Specifications in response to the requests for information. § 3.6.4.5 The Architect shall maintain a record of submittals and copies of submittals supplied by the Construction Manager in accordance with the requirements of the Contract Documents. § 3.6.5 Changes in the Work § 3.6.5.1 Subject to Owner's approval,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. Subject to Section 4.2,the Architect shall prepare Change Orders and Construction Change Directives for the Owner's approval and execution in accordance with the Contract Documents. § 3.6.5.2 The Architect shall maintain records relative to changes in the Work. Init. AIA Document B133'"—2019.Copyright©2014,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 18:47:13 ET on 06/07/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is licensed for one-time use only,a I be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 117 User Notes: (1936 Item#15. § 3.6.6 Project Completion—NOT INCLUDED IN CONTRACT OR FEE § 3.6.6.1 The Architect shall: .1 conduct inspections to determine the date or dates of Substantial Completion and the date of final completion; .2 issue Certificates of Substantial Completion; .3 forward to the Owner,for the Owner's review and records,written warranties and related documents required by the Contract Documents and received from the Construction Manager;and .4 issue a final Certificate for Payment based upon a final inspection indicating that,to the best of the Architect's knowledge,information,and belief,the Work complies with the requirements of the Contract Documents. § 3.6.6.2 The Architect's inspections shall be conducted with the Owner to(1)check conformance of the Work with the requirements of the Contract Documents and(2)verify the accuracy and completeness of the list submitted by the Construction Manager of Work to be completed or corrected. § 3.6.6.3 When Substantial Completion has been achieved,the Architect shall inform the Owner about the balance of the Contract Sum remaining to be paid the Construction Manager,including the amount to be retained from the Contract Sum, if any,for final completion or correction of the Work. § 3.6.6.4 The Architect shall forward to the Owner the following information received from the Construction Manager:(1) consent of surety or sureties,if any,to reduction in or partial release of retainage or the making of final payment;(2) affidavits,receipts,releases and waivers of liens,or bonds indemnifying the Owner against liens;and(3)any other documentation required of the Construction Manager under the Contract Documents. § 3.6.6.5 Upon request of the Owner,and prior to the expiration of one year from the date of Substantial Completion,the Architect shall,without additional compensation,conduct a meeting with the Owner to review the facility operations and performance. ARTICLE 4 SUPPLEMENTAL AND ADDITIONAL SERVICES § 4.1 Supplemental Services § 4.1.1 The services listed below are not included in Basic Services but may be required for the Project.The Architect shall provide the listed Supplemental Services only if specifically designated in the table below as the Architect's responsibility,and the Owner shall compensate the Architect as provided in Section 11.2.Unless otherwise specifically addressed in this Agreement,if neither the Owner nor the Architect is designated,the parties agree that the listed Supplemental Service is not being provided for the Project. (Designate the Architect's Supplemental Services and the Owner's Supplemental Services required for the Project by indicating whether the Architect or Owner shall be responsible for providing the identified Supplemental Service.Insert a description of the Supplemental Services in Section 4.1.2 below or attach the description of services as an exhibit to this Agreement.) Init. AIA Document B133'"—2019.Copyright©2014,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 18:47:13 ET on 06/07/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is licensed for one-time use only,a I be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 118 User Notes: (1 936 Item#15. Supplemental Services Responsibility Architect, Owner, or notprovided) 4.1.1.1 Assistance with Selection of Construction Manager Not Provided 4.1.1.2 Programming Provided under previous contract 4.1.1.3 Multiple Preliminary Designs Not Provided 4.1.1.4 Measured drawings Not Provided 4.1.1.5 Existing facilities surveys Not Provided 4.1.1.6 Site evaluation and planning Provided under previous contract 4.1.1.7 Building Information Model management responsibilities Not Provided § 4.1.1.8 Development of Building Information Models for post Not Provided construction use 4.1.1.9 Civil engineering Architect under Basic Services 4.1.1.10 Landscape design Architect under Basic Services 4.1.1.11 Architectural interior design Architect under Basic Services 4.1.1.12 Value analysis Not Provided 4.1.1.13 Cost estimating Not Provided 4.1.1.14 On-site project representation Not Provided 4.1.1.15 Conformed documents for construction Not Provided 4.1.1.16 As-designed record drawings Not Provided 4.1.1.17 As-constructed record drawings Not Provided 4.1.1.18 Post-occupancy evaluation Not Provided 4.1.1.19 Facility support services Not Provided 4.1.1.20 Tenant-related services Not Provided 4.1.1.21 Architect's coordination of the Owner's consultants Not Provided § 4.1.1.22 Alerting and emergency response systems,including Not Provided antennas and audio equipment Row deleted 4.1.1.23 Security evaluation and planning Not Provided 4.1.1.24 Commissioning Not Provided 4.1.1.25 Sustainable Project Services pursuant to Section 4.1.3 Not Provided 4.1.1.26 Historic preservation Not Provided 4.1.1.27 Furniture,furnishings,and equipment design Not Provided 4.1.1.28 Other services provided by specialty Consultants Not Provided 4.1.1.29 Other Supplemental Services Not Provided § 4.1.1.30 Entitlements Provided under previous contract 4.1.1.31 Fire Station Traffic Si nalization Design Not Provided 4.1.1.32 IT and Data Design Architect under Basic Services § 4.1.2 Description of Supplemental Services § 4.1.2.1 A description of each Supplemental Service identified in Section 4.1.1 as the Architect's responsibility is provided in: None § 4.1.2.2 A description of each Supplemental Service identified in Section 4.1.1 as the Owner's responsibility is provided below. None Init. AIA Document B133'"—2019.Copyright©2014,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 18:47:13 ET on 06/07/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is licensed for one-time use only,a I be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 119 User Notes: (1936 Item#15. § 4.1.3 Intentionally Deleted. § 4.2 Architect's Additional Services The Architect may provide Additional Services after execution of this Agreement without invalidating the Agreement. Except for services required due to the fault of the Architect,any Additional Services provided in accordance with this Section 4.2 shall entitle the Architect to compensation pursuant to Section 11.3 and an appropriate adjustment in the Architect's schedule. § 4.2.1 Upon recognizing the need to perform the following Additional Services,the Architect shall notify the Owner with reasonable promptness and explain the facts and circumstances giving rise to the need.The Architect shall not proceed to provide the following Additional Services until the Architect receives the Owner's written authorization: .1 Services necessitated by a change in the Initial Information,previous instructions or recommendations given by the Construction Manager or the Owner,approvals given by the Owner,or a material change in the Project including size,quality,complexity,the Owner's schedule or budget for Cost of the Work,or bid packages in addition to those listed in Section 1.1.6; .2 Making revisions in Drawings,Specifications,or other documents(as required pursuant to Section 6.7), when such revisions are required because the Construction Manager's estimate of the Cost of the Work, Guaranteed Maximum Price proposal,or Control Estimate exceeds the Owner's budget,except where such excess is due to changes initiated by the Architect in scope,capacities of basic systems,or the kinds and quality of materials,finishes,or equipment; .3 Services necessitated by the enactment or revision of codes,laws,or regulations,including changing or editing previously prepared Instruments of Service; .4 Changing or editing previously prepared Instruments of Service necessitated by official interpretations of applicable codes,laws or regulations that are either(a)contrary to specific interpretations by the applicable authorities having jurisdiction made prior to the issuance of the building permit,or(b)contrary to requirements of the Instruments of Service when those Instruments of Service were prepared in accordance with the applicable standard of care; .5 Services necessitated by decisions of the Owner or Construction Manager not rendered in a timely manner or any other failure of performance on the part of the Owner or the Owner's consultants or contractors; .6 Preparing digital models or other design documentation for transmission to the Owner's consultants and contractors,or to other Owner-authorized recipients; .7 Preparation of design and documentation for alternate bid or proposal requests proposed by the Owner or Construction Manager; .8 Preparation for,and attendance at,a public presentation,meeting or hearing; .9 Preparation for,and attendance at,a dispute resolution proceeding or legal proceeding,except where the Architect is party thereto; .10 Consultation concerning replacement of Work resulting from fire or other cause during construction;or .11 Assistance to the Initial Decision Maker,if other than the Architect; .12 Services necessitated by replacement of the Construction Manager or conversion of the Construction Manager as constructor project delivery method to an alternative project delivery method; .13 Services necessitated by the Owner's delay in engaging the Construction Manager; .14 Making revisions to the Drawings,Specifications,and other documents resulting from agreed-upon assumptions and clarifications included in the Guaranteed Maximum Price Amendment or Control Estimate;and .15 Making revisions to the Drawings,Specifications,and other documents resulting from substitutions included in the Guaranteed Maximum Price Amendment or Control Estimate. § 4.2.2 (Paragraphs deleted) Intentionally Deleted. § 4.2.3 The Architect shall provide Construction Phase Services exceeding the limits set forth below as Additional Services.When the limits below are reached,the Architect shall notify the Owner: 1 Two ( 2 )reviews of each Shop Drawing,Product Data item,sample and similar submittals of the Construction Manager .2 Thirty Two ( 32 )visits to the site by the Architect during construction Init. AIA Document B133'"—2019.Copyright©2014,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 18:47:13 ET on 06/07/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is licensed for one-time use only,a I be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 120 User Notes: (1936 Item#15. 3 Two ( 2 )inspections for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents .4 Two ( 2 )inspections for any portion of the Work to determine final completion § 4.2.4 Except for services required under Section 3.6.6.5 and those services that do not exceed the limits set forth in Section 4.2.3,Construction Phase Services provided more than 60 days after(1)the date of Substantial Completion of the Work or(2)the initial date of Substantial Completion identified in the agreement between the Owner and Contractor, whichever is earlier,shall be compensated as Additional Services to the extent the Architect incurs additional cost in providing those Construction Phase Services. § 4.2.5 Subject to the Owner's prior approval,the services covered by this Agreement have not been completed within twelve(24)months of the date of this Agreement,through no fault of the Architect,extension of the Architect's services beyond that time may be compensated as Additional Services. ARTICLE 5 OWNER'S RESPONSIBILITIES § 5.1 Unless otherwise provided for under this Agreement,the Owner shall provide information in a timely manner regarding requirements for and limitations on the Project,including a written program which shall set forth the Owner's objectives;schedule;constraints and criteria,including space requirements and relationships;flexibility;expandability; special equipment; systems;and site requirements. § 5.2 The Owner shall retain a Construction Manager to provide services,duties,and responsibilities as described in the agreement selected in Section 1.1.5. § 5.3 The Owner shall establish the Owner's budget for the Project,including(1)the budget for the Cost of the Work as defined in Section 6.1;(2)the Owner's other costs;and,(3)reasonable contingencies related to all of these costs.The Owner shall update the Owner's budget for the Project as necessary throughout the duration of the Project until final completion.If the Owner significantly increases or decreases the Owner's budget for the Cost of the Work,the Owner shall notify the Architect and Construction Manager.The Owner and the Architect,in consultation with the Construction Manager,shall thereafter agree to a corresponding change in the Project's scope and quality. § 5.3.1 The Owner acknowledges that accelerated,phased or fast-track scheduling provides a benefit,but also carries with it associated risks. Such risks include the Owner incurring costs for the Architect to coordinate and redesign portions of the Project affected by procuring or installing elements of the Project prior to the completion of all relevant Construction Documents,and costs for the Construction Manager to remove and replace previously installed Work.if the Owner selects accelerated,phased or fast-track scheduling,the Owner agrees to include in the budget for the Project sufficient contingencies to cover such costs. § 5.4 The Owner shall identify a representative authorized to act on the Owner's behalf with respect to the Project.The Owner shall render decisions and approve the Architect's submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. § 5.5 The Owner shall furnish surveys to describe physical characteristics,and legal limitations for the site of the Project. 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. § 5.6 The Owner shall furnish services of geotecbnical 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. § 5.7 The Owner shall provide the Supplemental Services designated as the Owner's responsibility in Section 4.1.1. Init. AIA Document B133'"—2019.Copyright 02014,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 49 software at 18:47:13 ET on 06/07/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is licensed for one-time use only,a I be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 121 User Notes: (1 936 Item#15. § 5.8 If the Owner identified a Sustainable Objective in Article 1,the Owner shall fulfill its responsibilities as required in AIA Document E234Tw-2019,Sustainable Projects Exhibit,Construction Manager as Constructor Edition,attached to this Agreement. § 5.9 The Owner shall coordinate the services of its own consultants with those services provided by the Architect.Upon the Architect's request,the Owner shall furnish copies of the scope of services in the contracts between the Owner and the Owner's consultants.The Owner shall furnish the services of consultants other than those designated as the responsibility of the Architect in this Agreement,or authorize the Architect to furnish them as an Additional Service,when the Architect requests such services and demonstrates that they are reasonably required by the scope of the Project.The Owner shall require that its consultants and contractors maintain insurance,including professional liability insurance,as appropriate to the services or work provided. § 5.10 The Owner shall furnish tests,inspections and reports required by law or the Contract Documents,such as structural,mechanical,and chemical tests,tests for air and water pollution,and tests for hazardous materials. § 5.11 The Owner shall furnish all legal,insurance and accounting services,including auditing services,that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. § 5.12 The Owner shall provide prompt written notice to the Architect and Construction Manager if the Owner becomes aware of any fault or defect in the Project,including errors,omissions or inconsistencies in the Architect's Instruments of Service. § 5.13 The Owner shall include the Architect in all communications with the Construction Manager 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 Construction Manager otherwise relating to the Project. Communications by and with the Architect's consultants shall be through the Architect. § 5.14 The Owner shall coordinate the Architect's duties and responsibilities set forth in the Agreement between the Owner and the Construction Manager with the Architect's services set forth in this Agreement.The Owner shall provide the Architect a copy of the executed agreement between the Owner and Construction Manager,including the General Conditions of the Contract for Construction. § 5.15 The Owner shall provide the Architect access to the Project site prior to commencement of the Work and shall obligate the Construction Manager to provide the Architect access to the Work wherever it is in preparation or progress. § 5.16 Within 15 days after receipt of a written request from the Architect,the Owner shall furnish the requested information as necessary and relevant for the Architect to evaluate,give notice of,or enforce lien rights. ARTICLE 6 COST OF THE WORK § 6.1 For purposes of this Agreement,the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include the Construction Manager's general conditions costs, overhead,and profit.The Cost of the Work also includes the reasonable value of labor,materials,and equipment,donated to,or otherwise furnished by,the Owner.The Cost of the Work does not include the compensation of the Architect;the compensation of the Construction Manager for Preconstruction Phase services;the costs of the land,rights-of-way, financing,or contingencies for changes in the Work;or other costs that are the responsibility of the Owner. § 6.2 The Owner's budget for the Cost of the Work is provided in the Initial Information,and shall be adjusted throughout the Project as required under Sections 5.3 and 6.4.Evaluations of the Owner's budget for the Cost of the Work represent the Architect's judgment as a design professional. § 6.3 The Owner shall require the Construction Manager to include appropriate contingencies for design,bidding or negotiating,price escalation,and market conditions in estimates of the Cost of the Work.The Architect shall be entitled to rely on the accuracy and completeness of estimates of the Cost of the Work the Construction Manager prepares as the Architect progresses with its Basic Services.The Architect shall prepare,as an Additional Service,revisions to the Drawings,Specifications or other documents required due to the Construction Manager's inaccuracies or incompleteness in preparing cost estimates,or due to market conditions the Architect could not reasonably anticipate.The Architect may Init. AIA Document B133'"—2019.Copyright©2014,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 in software at 18:47:13 ET on 06/07/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is licensed for one-time use only,a I be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 122 User Notes: (1 936 Item#15. review the Construction Manager's estimates solely for the Architect's guidance in completion of its services,however, the Architect shall report to the Owner any material inaccuracies and inconsistencies noted during any such review. § 6.3.1 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 Architect and the Construction Manager shall work together to reconcile the cost estimates. § 6.4 If,prior to the conclusion of the Design Development Phase,the Construction Manager's estimate of the Cost of the Work exceeds the Owner's budget for the Cost of the Work,the Architect,in consultation with the Construction Manager, shall make appropriate recommendations to the Owner to adjust the Project's size,quality or budget for the Cost of the Work,and the Owner shall cooperate with the Architect in making such adjustments. § 6.5 If the Construction Manager's estimate of the Cost of the Work at the conclusion of the Design Development Phase exceeds the Owner's budget for the Cost of the Work,the Owner may .1 give written approval of an increase in the budget for the Cost of the Work; .2 intentionally deleted .3 in consultation with the Architect and Construction Manager,revise the Project program,scope,or quality as required to reduce the Cost of the Work;or .4 implement any other mutually acceptable alternative. § 6.6 If the Owner chooses to proceed under Section 6.5.3,the Architect,without additional compensation,shall incorporate the revisions in the Construction Documents Phase as necessary to comply with the Owner's budget for the Cost of the Work at the conclusion of the Design Development Phase Services,or the budget as adjusted under Section 6.5.1.The Architect's revisions in the Construction Documents Phase shall be the limit of the Architect's responsibility under this Article 6. § 6.7 Intentionally Deleted. ARTICLE 7 COPYRIGHTS AND LICENSES § 7.1 The Architect and the Owner warrant that in transmitting Instruments of Service,or any other information,the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use on the Project. § 7.2 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service,including the Drawings and Specifications,and shall retain all common law,statutory and other reserved rights,including copyrights.Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect's consultants. § 7.3 The Architect grants to the Owner a nonexclusive license to use the Architect's Instruments of Service solely and exclusively for purposes of constructing,using,maintaining,altering and adding to the Project,provided that the Owner substantially performs its obligations under this Agreement,including prompt payment of all sums due,pursuant to Article 9 and Article 11.The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement.The license granted under this section permits the Owner to authorize the Construction Manager,Subcontractors,Sub-subcontractors,and suppliers,as well as the Owner's consultants and separate contractors, to reproduce applicable portions of the Instruments of Service,subject to any protocols established pursuant to Section 1.3,solely and exclusively for use in performing services or construction for the Project.If the Architect rightfully terminates this Agreement for cause as provided in Section 9.4,the license granted in this Section 7.3 shall terminate. § 7.3.1 In the event the Owner uses the Instruments of Service without retaining the authors of the Instruments of Service, the Owner releases the Architect and Architect's consultant(s)from all claims and causes of action arising from such uses. The Owner,to the extent permitted by law,further agrees to indemnify and hold harmless the Architect and its consultants from all costs and expenses,including the cost of defense,related to claims and causes of action asserted by any third person or entity to the extent such costs and expenses arise from the Owner's use of the Instruments of Service under this Section 7.3.1.The terms of this Section 7.3.1 shall not apply if the Owner rightfully terminates this Agreement for cause under Section 9.4. Init. AIA Document B133'"—2019.Copyright©2014,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 18:47:13 ET on 06/07/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is licensed for one-time use only,a I be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 123 User Notes: (1936 Item#15. § 7.4 Except for the licenses granted in this Article 7,no other license or right shall be deemed granted or implied under this Agreement.The Owner shall not assign,delegate,sublicense,pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect.Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants. § 7.5 Except as otherwise stated in Section 7.3,the provisions of this Article 7 shall survive the termination of this Agreement. ARTICLE 8 CLAIMS AND DISPUTES § 8.1 General § 8.1.1 The Owner and Architect shall commence all claims and causes of action against the other and arising out of or related to this Agreement,whether in contract,tort,or otherwise,in accordance with the requirements of the binding dispute resolution method selected in this Agreement and within the period specified by applicable law,but in any case not more than 10 years after the date of Substantial Completion of the Work.The Owner and Architect waive all claims and causes of action not commenced in accordance with this Section 8.1.1. § 8.1.2 To the extent damages are covered by property insurance,the Owner and Architect waive all rights against each other and against the contractors,consultants,agents and employees of the other for damages,except such rights as they may have to the proceeds of such insurance as set forth in AIA Document A201-2017,General Conditions of the Contract for Construction.The Owner or the Architect,as appropriate,shall require of the Construction Manager,contractors, consultants,agents and employees of any of them,similar waivers in favor of the other parties enumerated herein. § 8.1.3 The Architect shall indemnify and hold the Owner and the Owner's officers and employees harmless from and against damages,losses and judgments arising from claims by third parties,including reasonable attorneys' fees and expenses recoverable under applicable law,but only to the extent they are caused by the negligent acts or omissions of the Architect,its employees and its consultants in the performance of professional services under this Agreement.The Architect's obligation to indemnify and hold the Owner and the Owner's officers and employees harmless does not include a duty to defend.The Architect's duty to indemnify the Owner under this Section 8.1.3 shall be limited to the available proceeds of the insurance coverage required by this Agreement. § 8.1.4 The Architect and Owner waive consequential damages for claims,disputes,or other matters in question arising out of or relating to this Agreement.This mutual waiver is applicable,without limitation,to all consequential damages due to either parry's termination of this Agreement,except as specifically provided in Section 9.7. § 8.2 Mediation § 8.2.1 Any claim,dispute,or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to binding dispute resolution.If such matter relates to or is the subject of a lien arising out of the Architect's services,the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by binding dispute resolution. § 8.2.2 The Owner and Architect shall endeavor to resolve claims,disputes and other matters in question between them by mediation,which,unless the parties mutually agree otherwise,shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of this Agreement.A request for mediation shall be made in writing,delivered to the other party to this Agreement,and filed with the person or entity administering the mediation.The request may be made concurrently with the filing of a complaint or other appropriate demand for binding dispute resolution but,in such event,mediation shall proceed in advance of binding dispute resolution proceedings,which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order.If an arbitration proceeding is stayed pursuant to this section,the parties may nonetheless proceed to the selection of the arbitrator(s)and agree upon a schedule for later proceedings. § 8.2.3 The parties shall share the mediator's fee and any filing fees equally.The mediation shall be held in the place where the Project is located,unless another location is mutually agreed upon.Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. § 8.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 8.2,the method of binding dispute resolution shall be the following: Init. AIA Document B133'"—2019.Copyright©2014,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 42 software at 18:47:13 ET on 06/07/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is licensed for one-time use only,a I be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 124 User Notes: (1 936 Item#15. (Check the appropriate box.) [ ] Arbitration pursuant to Section 8.3 of this Agreement [X] Litigation in a court of competent jurisdiction [ ] Other: (Spec) If the Owner and Architect 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,the dispute will be resolved in a court of competent jurisdiction. (Paragraphs deleted) § 8.3 Intentionally Deleted ARTICLE 9 TERMINATION OR SUSPENSION § 9.1 If the Owner fails to make payments to the Architect in accordance with this Agreement,such failure shall be considered substantial nonperformance and cause for termination or,at the Architect's option,cause for suspension of performance of services under this Agreement.If the Architect elects to suspend services,the Architect shall give seven days'written notice to the Owner before suspending services.In the event of a suspension of services,the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services.Before resuming services,the Owner shall pay the Architect all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's services.The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 9.2 If the Owner suspends the Project,the Architect shall be compensated for services performed prior to notice of such suspension.When the Project is resumed,the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect's services.The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 9.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Architect, the Architect may terminate this Agreement by giving not less than seven days'written notice. § 9.4 Either party may terminate this Agreement upon not less than seven days'written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. § 9.5 The Owner may terminate this Agreement upon not less than seven days'written notice to the Architect for the Owner's convenience and without cause. § 9.6 If the Owner terminates this Agreement for its convenience pursuant to Section 9.5,or the Architect terminates this Agreement pursuant to Section 9.3,the Owner shall compensate the Architect for services performed prior to termination, Reimbursable Expenses incurred,and costs attributable to termination,including the costs attributable to the Architect's termination of consultant agreements. § 9.7 (Paragraphs deleted) Intentionally Deleted § 9.8 Intentionally Deleted § 9.9 The Owner's rights to use the Architect's Instruments of Service in the event of a termination of this Agreement are set forth in Article 7 and Section 9.7. Init. AIA Document B133'"—2019.Copyright©2014,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 18:47:13 ET on 06/07/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is licensed for one-time use only,a I be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 125 User Notes: (1936 Item#15. ARTICLE 10 MISCELLANEOUS PROVISIONS § 10.1 This Agreement shall be governed by the law of the place where the Project is located,excluding that jurisdiction's choice of law rules.If the parties have selected arbitration as the method of binding dispute resolution,the Federal Arbitration Act shall govern Section 8.3. § 10.2 Terms in this Agreement shall have the same meaning as those in AIA Document A201-2017,General Conditions of the Contract for Construction,except as modified in this Agreement.The term"Contractor"as used in A201-2017 shall mean the Construction Manager. § 10.3 The Owner and Architect,respectively,bind themselves,their agents,successors,assigns,and legal representatives to this Agreement.Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other,except that the Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner's rights and obligations under this Agreement,including any payments due to the Architect by the Owner prior to the assignment. § 10.4 If the Owner requests the Architect to execute certificates,the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution.If the Owner requests the Architect to execute consents reasonably required to facilitate assignment to a lender,the Architect shall execute all such consents that are consistent with this Agreement,provided the proposed consent is submitted to the Architect for review at least 14 days prior to execution.The Architect shall not be required to execute certificates or consents that would require knowledge,services,or responsibilities beyond the scope of this Agreement. § 10.5 Nothing contained in this Agreement shall create a contractual relationship with,or a cause of action in favor of,a third party against either the Owner or Architect. § 10.6 Unless otherwise required in this Agreement,the Architect shall have no responsibility for the discovery,presence, handling,removal or disposal of,or exposure of persons to,hazardous materials or toxic substances in any form at the Project site. § 10.7 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials.The Architect shall be given reasonable access to the completed Project to make such representations.However,the Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary.The Owner shall provide professional credit for the Architect in the Owner's promotional materials for the Project.This Section 10.7 shall survive the termination of this Agreement unless the Owner terminates this Agreement for cause pursuant to Section 9.4. § 10.8 If the Architect or Owner receives information specifically designated as"confidential"or"business proprietary," the receiving party shall keep such information strictly confidential and shall not disclose it to any other person except as set forth in Section 10.8.1.This Section 10.8 shall survive the termination of this Agreement. § 10.8.1 The receiving party may disclose"confidential"or"business proprietary"information after 7 days'notice to the other parry,when required by law,arbitrator's order,or court order,including a subpoena or other form of compulsory legal process issued by a court or governmental entity,or to the extent such information is reasonably necessary for the receiving party to defend itself in any dispute.The receiving party may also disclose such information to its employees, consultants,or contractors in order to perform services or work solely and exclusively for the Project,provided those employees,consultants and contractors are subject to the restrictions on the disclosure and use of such information as set forth in this Section 10.8. § 10.9 The invalidity of any provision of the Agreement shall not invalidate the Agreement or its remaining provisions.If it is determined that any provision of the Agreement 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 Agreement shall be construed,to the fullest extent permitted by law,to give effect to the parties'intentions and purposes in executing the Agreement. ARTICLE 11 COMPENSATION § 11.1 For the Architect's Basic Services described under Article 3,the Owner shall compensate the Architect as follows: Init. AIA Document B133'"—2019.Copyright©2014,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 18:47:13 ET on 06/07/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is licensed for one-time use only,a I be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 126 User Notes: (1 936 Item#15. 1. Stipulated Sum Design Development-Bidding Support:Two Hundred Thirty-two Thousand Seven Hundred Thirty-five Dollars ($232,735.00) 2. Time&Expense to a Maximum Construction Administration:One Hundred Fifty-three Thousand One Hundred Ninety Dollars($153,190.00) 3. Reimbursable Expenses Time and Expense at architects'cost to a Maximum of Twenty Thousand Dollars($20,000.00). Any request for reimbursement must be substantiated by a receipt. § 11.2 For the Architect's Supplemental Services designated in Section 4.1.1 and for any Sustainability Services required pursuant to Section 4.1.3,the Owner shall compensate the Architect as follows: (Insert amount of, or basis for, compensation. If necessary, list specific services to which particular methods of compensation apply.) Included in Architect's Basic Services fee listed above § 11.3 For Additional Services that may arise during the course of the Project,including those under Section 4.2,the Owner shall compensate the Architect as follows: To be negotiated prior to the performance of Additional Services. § 11.4 Compensation for Supplemental and Additional Services of the Architect's consultants when not included in Sections 11.2 or 11.3,shall be the amount invoiced to the Architect plus percent( %),or as follows: Not applicable. § 11.5 When compensation for Basic Services is based on a stipulated sum or a percentage basis,the proportion of compensation for each phase of services shall be as follows: Design Development Phase Thirty-five percent ( 35%) Construction Documents Phase Fifty-five percent ( 55%) Bidding Support Ten percent ( 10%) Total Basic Compensation One Hundred percent ( 100%) Design—Bidding Support The Owner acknowledges that with an accelerated Project delivery,multiple bid package process,or Construction Manager as constructor project delivery method,the Architect may be providing its services in multiple Phases simultaneously.Therefore,the Architect shall be permitted to invoice monthly in proportion to services performed in each Phase of Services,as appropriate. § 11.6 When compensation identified in Section 11.1 is on a percentage basis,progress payments for each phase of Basic Services shall be calculated by multiplying the percentages identified in this Article by the Owner's most recent budget for the Cost of the Work.Compensation paid in previous progress payments shall not be adjusted based on subsequent updates to the Owner's budget for the Cost of the Work. § 11.6.1 When compensation is on a percentage basis and any portions of the Project are deleted or otherwise not constructed,compensation for those portions of the Project shall be payable to the extent services are performed on those portions.The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. § 11.7 The hourly billing rates for services of the Architect and the Architect's consultants are set forth below.The rates shall be adjusted in accordance with the Architect's and Architect's consultants'normal review practices. (If'applicable, attach an exhibit of'hourly billing rates or insert them below) Init. AIA Document B133'"—2019.Copyright©2014,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 134 software at 18:47:13 ET on 06/07/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is licensed for one-time use only,a I be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 127 User Notes: (1936 Item#15. As described in Exhibit A § 11.8 Compensation for Reimbursable Expenses § 11.8.1 Reimbursable Expenses are in addition to compensation for Basic,Supplemental,and Additional Services and include expenses incurred by the Architect and the Architect's consultants directly related to the Project,as follows: .1 Pre-Authorized out-of-town travel and subsistence per GSA allowance .2 Long distance services,dedicated data and communication services,teleconferences,Project web sites, and extranets; .3 Permitting and other fees required by authorities having jurisdiction over the Project; .4 Printing,reproductions,plots,and standard form documents; .5 Postage,handling,and delivery; .6 Deleted .7 Renderings,physical models,mock-ups,professional photography,and presentation materials requested by the Owner or required for the Project; .8 Deleted .9 All taxes levied on professional services and on reimbursable expenses; .10 Deleted. .11 Deleted. .12 Deleted. (Paragraph deleted) § 11.9 Deleted § 11.10 Payments to the Architect § 11.10.1 Initial Payments § 11.10.1.1 An initial payment of zero dollars($0.00)shall be made upon execution of this Agreement and is the minimum payment under this Agreement.It shall be credited to the Owner's account in the final invoice. § 11.10.1.2 Deleted § 11.10.2 Progress Payments § 11.10.2.1 Unless otherwise agreed,payments for services shall be made monthly in proportion to services performed. Payments are due and payable net 30 from the Owner's receipt of a correct invoice. (Insert rate of monthly or annual interest agreed upon) Zero percentage(0%) § 11.10.2.2 The Owner shall not withhold amounts from the Architect's compensation to impose a penalty or liquidated damages on the Architect,or to offset sums requested by or paid to contractors for the cost of changes in the Work,unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding. § 11.10.2.3 Records of Reimbursable Expenses,expenses pertaining to Supplemental and Additional Services,and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. ARTICLE 12 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Agreement are as follows: (Include other terms and conditions applicable to this Agreement.) Init. AIA Document B133'"—2019.Copyright©2014,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 18:47:13 ET on 06/07/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is licensed for one-time use only,a I be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 128 User Notes: (1936 Item#15. Limitation of Liability Rice Fergus Miller's total liability to the Owner for any and all injuries,claims,losses,expenses, damages or claims expenses arising out of this agreement from any cause or causes,shall not exceed the total available amount of Rice Fergus Miller's Professional Liability insurance policy(Rice Fergus Miller's current available amount of Professional Liability Insurance is the full policy of$5,000,000). ARTICLE 13 SCOPE OF THE AGREEMENT § 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations,representations or agreements,either written or oral.This Agreement may be amended only by written instrument signed by both the Owner and Architect. § 13.2 This Agreement is comprised of the following documents identified below: .1 AIA Document B133TW-2019,Standard Form Agreement Between Owner and Architect,Construction Manager as Constructor Edition (Paragraphs deleted) .3 Exhibits: Exhibit A-Rice Fergus Miller 2021 Hourly Billing Rates This Agreement entered into as of the day and year first written above. OWNER(Signature) Robert E. SImISon, Mayor ARCHITEC ignature) City of Meridian,and Idaho Municipal Corporation David A.Fergus,Principal (Printed name and title) 6-29-2021 (Printed name, title, and license number, if required) Init. AIA Document B133'"—2019.Copyright©2014,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 18:47:13 ET on 06/07/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is licensed for one-time use only,a I be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 129 User Notes: (1936 Item#15. Additions and Deletions Report for AIA®Document 8133TM - 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 18:47:13 ET on 06/07/2021. PAGE AGREEMENT made as of the Seventh day of June in the year Two Thousand Twen .-one City of Meridian,and Idaho Municipal Corporation c/o Meridian Finance Department 33 E.Broadway Avenue Meridian,Idaho 86342 Rice Fergus Miller,Inc. 275 5th Street,Suite 100 Bremerton,WA 98337 Telephone Number: 360-377-8773 Meridian NW Fire Station Design—Construction Administration RFM Project Number: 2020038.03 Engineered Structures,Inc.(ESI Construction) 3330 E.Lousie Drive,Suite 300 Meridian,Idaho 83642 Telephone Number(208)362-3040 PAGE 2 The NW fire station shall be based on the Meridian Fire Station#6 prototype building with the following major features.The building shall have three(3)drive through gpparatus bays and six(6)sleep rooms along with accompanying living,work,and support areas.For more detail refer to the facility planning workshop notes from November 2020.The site includes approximately 4 acres of development included a Meridian Police substation to be constructed at a future date. As outlined in Rice Femus Miller/Pivot North Architecture's Meridian Fire Department Facility Planning Workshop document,dated November 13,2020 Additions and Deletions Report for AIA Document B133'—2019.Copyright©2014,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 18:47:13 ET on 06/07/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,a-mail page 130 copyright@aia.org. User Notes: (1936 Item#15. $385,925.00 12/15/2021 PAGE 3 TBD TBD NA [X] AIA Document A133-2019,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. None identified at this time. None. Stacy Redman Facilities Project Manager City of Meridian,Public Works Department 33 E.Broadway Avenue Meridian,Idaho 83642 sredman(&meridiancit y�org (Office Phone)208-489-0374 (Cell Phone)208-985-4234 (Fax)208-898-9551 PAGE 4 Not applicable. Engineered Structures,Inc. Not by Owner,included in services of Architect. By owner,Atlas Geotecbnical Services Additions and Deletions Report for AIA Document 13133'—2019.Copyright©2014,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 18:47:13 ET on 06/07/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,a-mail page 131 copyright@aia.org. User Notes: (1936 Item#15. Not by Owner:included in services of Architect. None identified at this time. Gunnar R.Gladics,Project Manager gg1adics(d,)rfinarch.com phone:360.377.8773 Rice Ferps Miller,Inc. 275 5th St.4100 Bremerton,WA 98337 KPFF Judsen Williams SE Principal Engineer Judsen.williams&kpff.com Phone: 208.336.6985 412 E. Parkcenter Blvd. Suite 200 Boise,ID 83706 PAGE 5 Cator Ruma Brittany Austin Project Engineer baustin(&caton uma.com Phone:208.343.3663 420 S.Orchard Street Boise,ID 83705 Cator Ruma Kyle Olsen PE Project Engineer kolsen(d,catorruma.com Phone:208.343.3663 420 S.Orchard Street Boise,ID 83705 .4 Associate Architect: Pivot North Architecture Clint Sievers AIA,Project Architect clint(&pivotnorthdesing com Phone:208.690.3108 1101 West Grove St. Boise,ID 83702 .5 Civil Engineer(,included in Architect's Basic Services fee): Eric Cronin PE,Project Engineer Additions and Deletions Report for AIA Document B133'—2019.Copyright©2014,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 18:47:13 ET on 06/07/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is 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 page 132 copyright@aia.org. User Notes: (1936 Item#15. eri c(&thelandgroupinc.com Phone:208.939.4041 462 E Shore Dr.#100 Eagle,ID 83616 .6 Landscape Architecture(included in Architect's Basic Services feet Bob Schafer,Landscape Architect boWthelandgroupinc.com Phone: 208.939.4041 462 E Shore Dr.#100 Eagle,ID 83616 .7 IT Design(included in Architect's Basic Services feed Kyle Olsen PE,Project Engineer kolsenkcaton uma.com Phone:208.343.3663 420 S.Orchard Street Boise,ID 83705 PAGE 6 § 1.2 The Owner and Architect may rely on the Initial Information.Both parties,however,recognize that the Initial Information may materially change and,in that event,the Owner and the Architect shall appropriately adjust the Architect's services,schedule for the Architect's services,and the Architect's eempensation.The Owner-shalm!adjust the OA%er-'s budget for-the Cast of the Wer-k and the Owner-'s anfieipated design and eanstnaefien milestones,as .compensation(if required) § 1.3 The parties shall agree upon protocols governing the transmission and use of Instruments of Service or any other information or documentation in digital form.he pa44ies��'�„1l use 4 L^ Deew=eRt E203TM 2012 Building development,144ma4ion Wdeling and Digital Data Exhibit,to establish the pr-oteeals fieff the, use,tFexeliange of digital data. § 1.3.1 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,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. § 2.6.1 Commercial General Liability with policy limits of not less than Two Million Dollars($2,000,000.00.)for each occurrence and Two Million Dollars($2,000,000.00.) in the aggregate for bodily injury and property damage. § 2.6.2 Automobile Liability covering vehicles owned,and non-owned vehicles used,by the Architect with policy limits of not less than( }One Million Dollars($1,000,000.00)per accident for bodily injury,death of any person, and property damage arising out of the ownership,maintenance and use of those motor vehicles,along with any other statutorily required automobile coverage. § 2.6.5 'Liability with pehey hinits fiet less than ($ )eaeh aeeidefft, (S )eaeh effiplayee,a-ad ($ pahey Deleted. § 2.6.6 Professional Liability covering negligent acts,errors and omissions in the performance of professional services,with policy limits of not less than($hex c $ Five Million Dollars($5,000,000.00)per claim and Five Million Dollars($5,000,000.00)_in the aggregate. PAGE 7 Additions and Deletions Report for AIA Document 13133'—2019.Copyright©2014,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 18:47:13 ET on 06/07/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is 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 Page 133 copyright@aia.org. User Notes: (1936 Item#15. § 2.6.7 Additional Insured Obligations.T^tho fidlw#extent pefmi#ed by!a--A,,the The Architect shall cause the primary and excess or umbrella polices for Commercial General Liability and Automobile Liability to include the Owner as an additional ' .insured.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. § 3.1.9 Concept Design and Entitlement Support PROVIDED UNDER SEPARATE CONTRACT §3.2 Review of the Construction Manager's Guaranteed Maximum Price Proposal or Control Estimate—NOT INCLUDED IN CONTRACT OR FEE PAGE 8 §3.3 Schematic Design Phase cer"i,.es § 3.3 Schematic Design Phase Services—PROVIDED UNDER SEPARATE CONTRACT PAGE 10 § 3.6.2.4 Interpretations and decisions of the Architect shall be consistent with the intent of,and reasonably inferable from,the Contract Documents and shall be in writing or in the form of drawings.When making such interpretations and decisions,the Architect shall endeavor to secure faithful performance by both Owner and Construction Manager, shall not show partiality to either,and shall not be liable for results of interpretations or decisions rendered in good faith.The Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents subject to written approval of the Owner. PAGE 11 § 3.6.5.1 T4tt-Subj ect to Owner's approval,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.Subject to Section 4.2,the Architect shall prepare Change Orders and Construction Change Directives for the Owner's approval and execution in accordance with the Contract Documents. PAGE 12 § 3.6.6 Protect Completion—NOT INCLUDED IN CONTRACT OR FEE PAGE 13 Additions and Deletions Report for AIA Document B133'—2019.Copyright©2014,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 18:47:13 ET on 06/07/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is 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 Page 134 copyright@aia.org. User Notes: (1936 Item#15. 4.1.1.1 Assistance with Selection of Construction Manager Not Provided 4.1.1.2 Programming Provided under previous contract 4.1.1.3 Multiple Preliminary Designs Not Provided 4.1.1.4 Measured drawings Not Provided 4.1.1.5 Existing facilities surveys Not Provided 4.1.1.6 Site evaluation and planning Provided under previous contract 4.1.1.7 Building Information Model management responsibilities Not Provided § 4.1.1.8 Development of Building Information Models for post Not Provided construction use 4.1.1.9 Civil engineering Architect under Basic Services 4.1.1.10 Landscape design Architect under Basic Services 4.1.1.11 Architectural interior design Architect under Basic Services 4.1.1.12 Value analysis Not Provided 4.1.1.13 Cost estimating Not Provided 4.1.1.14 On-site project representation Not Provided 4.1.1.15 Conformed documents for construction Not Provided 4.1.1.16 As-designed record drawings Not Provided 4.1.1.17 As-constructed record drawings Not Provided 4.1.1.18 Post-occupancy evaluation Not Provided 4.1.1.19 Facility support services Not Provided 4.1.1.20 Tenant-related services Not Provided 4.1.1.21 Architect's coordination of the Owner's consultants Not Provided § 4.1.1.22 Alerting and emergency response systems,including Not Provided antennas and audio equipment § 4.1.1.23 Security evaluation and planning Not Provided § 4.1.1.24 Commissioning Not Provided 4.1.1.25 Sustainable Project Services pursuant to Section 4.1.3 Not Provided 4.1.1.26 Historic preservation Not Provided 4.1.1.27 Furniture,furnishings,and equipment design Not Provided 4.1.1.28 Other services provided by specialty Consultants Not Provided 4.1.1.29 Other Supplemental Services Not Provided § 4.1.1.30 Entitlements Provided under previous contract 4.1.1.31 Fire Station Traffic Si nalization Desi n Not Provided § 4.1.1.32 IT and Data Dcsign Architect under Basic Services § 4.1.2.1 A description of each Supplemental Service identified in Section 4.1.1 as the Architect's responsibility is provided below. ineluwed as an`„t ibit to dese-ibe the A -ehiteet', c..pple....eota Seryicee )in. None Additions and Deletions Report for AIA Document 13133'—2019.Copyright©2014,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 18:47:13 ET on 06/07/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is 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 Page 135 copyright@aia.org. User Notes: (1936 Item#15. None § 4.1.3 ,the Mehiteet shall provide, , as provided in Seetion ".'.Intentionally_ Deleted. PAGE 14 § 4.2.2 To a-void delay in the,Cm-R-st-metion Phase,the A&ehiteet sha4l provide the fbilowing Additional gen,iees,fletify the 0,A%er- *' . . pr-emptness,and explain the faets and eir-eumstaftees gi'Aag rise te the need.if-,Upon by the , .2 Responding to the Constfuetion Manager-'s requests for-infafmation that are not prepared in aeeerdafiee .a, tat i ei=viee; 4 F;'Aluting an extensive numbef of Claims as the Ifimit-ial Deeisioft Maker- Intentionally Deleted. .1 Two ( L)reviews of each Shop Drawing,Product Data item,sample and similar submittals of the Construction Manager .2 Thirty Two ( 2L)visits to the site by the Architect during construction .3 Two ( L)inspections for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents .4 Two ( L)inspections for any portion of the Work to determine final completion PAGE 15 § 4.2.5 H-Subject to the Owner's prior approval,the services covered by this Agreement have not been completed within(—}twelve(N months of the date of this Agreement,through no fault of the Architect,extension of the Architect's services beyond that time&hall-mav be compensated as Additional Services. § 5.5 The Owner shall furnish surveys to describe physical characteristics,legal lim4afiens and tAility laeations for-the .and legal limitations for the site of the Project.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. PAGE 17 Additions and Deletions Report for AIA Document B133'—2019.Copyright©2014,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 18:47:13 ET on 06/07/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is 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 Page 136 copyright@aia.org. User Notes: (1936699) Item#15. § 6.5 If the Construction Manager's estimate of the Cost of the Work at the conclusion of the Design Development Phase exceeds the Owner's budget for the Cost of the Work,the Owner 4,,a# ay .2 te... inane in a da- ee .,it>, Seetien 9.5;intentionally deleted § 6.7 subsequent east estimates,the Qaafan4eed Mffldmum Pr-iee proposal,or-Cai#fel Estimate tha4 exeeed the Owfier-'s systems,E)F the kinds a-ad"ality of materials,finishes or- Intentionally Deleted. PAGE 19 [X Litigation in a court of competent jurisdiction § Si 4 Arhitre#inn elaim,dispiate oi:other-matter-in questien ar4s*out of or-related te this Agr-eefnent subjeet to,but not r-eselved§ 8.3.1 if the par-ties have seleeted afbit-Fation as the methed fer-binding dispwe r-eseletien in this Agr-eement, Hily medimian shall be subjeet to shall be administer-ed-b-y > > > date of d3mis AgFeement.A demand for-ar-bitfation shall be Made,in 10,witiag,d0iver-ed to the ethef-party to this Agreement,and-filed, 4th the per-sonor-entity administering the ar-bit.•.,t:§ 8.3.1.1 A d-teman d-fiff-ar-h-i#-ati R-n-sha I I h-e,ma de n R- ewid i er-t-han e-A-n eui*effltly with the fi ling of a request for-mediati..., , eenstitute the institution of legal or-equitable preeeedings based an the elaim,dispute or-other-ma4ter-in quest § 8.3.2 The foregoing agreement te afbitfate,and other-agr-eements te ar-bitfa4e with an additienal per-seia or-enfity d* § 8.3.3 The award rendeFed by the ar-bitfatar-(s)shall be�PRal,andjudggment may be entered upon it in aeewdaneew applicable- Imo,.,; ,.-r having ,-isdi.+ion thereof-. . > pefmits > e a-ad(3)the afbitr-atians employ materially sifailaf pr-aeedtwal fules and methods for-seleeting af-bitrater-(s). . >at its sole diseretion, e deser-ibed in the,.Fitte eensefA-. Additions and Deletions Report for AIA Document B133'—2019.Copyright©2014,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 18:47:13 ET on 06/07/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,a-mail Page 137 copyright@aia.org. User Notes: (1936 Item#15. § 8.4 The provisions of this Ai4iele 9 shall supxive the tefmination of this Agreement. § 8.3 Intentionally Deleted § 9.7 in addition to any afneunts paid undef Seetion 9.6, pufsuant to Seetion 9.5,or-thiQ.,A-rvh4Pr#kafmina4es this Agreement pur-suan, i R- Steedon 9.3,the Owner-shall pay to the fi,...,..;, r i Tertnatien fee! Intentionally Deleted § 9.8 Substantial Camp! Intentionally Deleted PAGE 21 4-1. Stipulated Sum "ser4 amoun''Design Development-Bidding Support: Two Hundred Thirty-two Thousand Seven Hundred Thirty-five Dollars($232,735.00) 2. Time&Expense to a Maximum Construction Administration:One Hundred Fifty-three Thousand One Hundred Ninety Dollars ($153,190.00) .2 Pereeat-ageBasis ir. ,ere r,,, 'age�w' e 3. Reimbursable Expenses o of the Owner-'s budget fef-the Cost of the Work,as ea4eulated in aeeer-danee with Seetion 11.67 .3 OtheF Time and Expense at architects'cost to a Maximum of Twenty Thousand Dollars($20,000.00,). Any request for reimbursement must be substantiated by a receipt. Included in Architect's Basic Services fee listed above To be negotiated prior to the performance of Additional Services. (1aseA amount of-,or-basis fef eefnpu4ing,Arehiteet's eensultants' eampeasation for-Supplemental er Additional Services-} Not applicable. Additions and Deletions Report for AIA Document B133'—2019.Copyright©2014,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 18:47:13 ET on 06/07/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is 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 page 138 copyright@aia.org. User Notes: (1936 Item#15. Set,emat a Design Phase Per-eefit ( TO7 Design Development Phase Per-eefit ( TO7 lam.. st etion ll.. ..ram Phas-a per-eent� Pereefit 4-W mil Design Development Phase Thirty-five percent 35%1 Construction Documents Phase Fifty-five percent 55% Bidding Support Ten percent 10%1 Total Basic Compensation One Hundred percent 100%1 Design—Biddina Support PAGE 22 As described in Exhibit A Employee OF rare......, Rate($0.00) .1 Pre-Authorized out-of-town travel and s•�subsistence per GSA allowance .6 , if au-ther-iZed in advanese by the Owner•,Deleted .8 ' expenses of pr-afessional liability insum-nee dedieated exelusively to this Pr-ejeet,or the expense a eensultants;Qeleted .10 Site affiee e Me^^e^•Deleted. .11 Registra4ien fees and any other fees eharged by the Gertip�fig Auffier-ity or-by ethef entities as eleted. .12 Othef similaf Prejeet related eiipeaditffes-Deleted. Ar-p-hitteoet"s eenstiltants plus percent( 0%)of the expenses ink § 11.9Archetpnt'q InAl Fame.ifthe bTes and limits of oever-age required in Seetion 2.4 ana,in Addition to the bVes and (Insei4 the additional eaver-ages the Ar-ehiteet is r-e"ir-ed to obtain in order-to satisfy the r-eVifements set fefth Deleted Additions and Deletions Report for AIA Document B133'—2019.Copyright©2014,and 2019 by The American Institute of Architects.All rights reserved.The "American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 18:47:13 ET on 06/07/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,a-mail Page 139 copyright@aia.org. User Notes: (1936 Item#15. § 11.10.1.1 An initial payment of{$—}zero dollars($0.00)shall be made upon execution of this Agreement and is the minimum payment under this Agreement.It shall be credited to the Owner's account in the final invoice. § 11.10.1.2 ,an initial Payffief4 to the A vehiteet of ShAbe made upon exermition of this Agreement f6FFegis#a6E)a fees a—ad-othew-&-t-As payable to the Gergfyin Auther-ity shall be er-edited te the Ov,%er-'s aeeettnt at the time the expense is .Deleted § 11.10.2.1 Unless otherwise agreed,payments for services shall be made monthly in proportion to services performed.Payments are due and payable sentation A-k#e A rvahiteet's invoiee s unpaid ffifti-w- the,invoie,65 d-ahe ish-All h_e,_Ar_-intiffemst at th-ge;Fats- ten-te-n-Add below,or in the ahb.,st-An6spe t—ho-y-teefat the legal rate pr-evailia -4-A- ,tim-y-to time.,t the principal,.lace- fbusiness of the A e ;te,.+,net 30 from the Owner's receipt of a correct invoice. Zero percentage (0%) PAGE 23 Limitation of Liability Rice Fergus Miller's total liability to the Owner for any and all injuries,claims,losses, expenses,damages or claims expenses arising out of this agreement from any cause or causes,shall not exceed the total available amount of Rice Fergus Miller's Professional Liability insurance policy(Rice Fergus Miller's current available amount of Professional Liability Insurance is the full policy of$5,000,000). A-1 A-Doetifneat E2031M 2013,Building infefma4ion Modeling and Digital D4a Exhibit,dat ir,s r4tc date of the z Ana 2013i t ai +,,t this agr-eememt.4 >Sustainable Prejeets E344bit, Genstnaetieff Manager-as f aast,.,,etar-Edition dated a indieated below � 0—ta2f d_eeumeats.: Exhibit A-Rice Fergus Miller 2021 Hourly Billing Rates City of Meridian,and Idaho Municipal Corporation David A.Fergus,Principal Additions and Deletions Report for AIA Document B133'—2019.Copyright©2014,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 18:47:13 ET on 06/07/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,a-mail page 140 copyright@aia.org. User Notes: (1936 Item#15. Certification of Document's Authenticity AIA° Document D401 TM — 2003 1, ,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 18:47:13 ET on 06/07/2021 under Order No. 7610209206 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA®Document B 133TM—2019,Standard Form of Agreement Between Owner and Architect, Construction Manager as Constructor Edition,as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. (Signed) (Title) (Dated) AIA Document D401'TM—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 18:47:13 ET on 06/07/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is licensed for one-time use only,a be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 141 User Notes: (1936 Item#15. eYgumILLER ARCHITECTURE INTERIORS PLANNING VIZLAB 275 Fifth Street,Suite 100 Bremerton,WA 98337 Phone: (360)377-8773 rfmarch.com 2021 Hourly Billing Rates Date of Proposal: June 7, 2021 Project: Meridian NW Fire Station Design - Construction Administration Project No.: 2020038.03 The hourly billing rates shall be annually adjusted in accordance with normal salary review practices of Rice Fergus Miller. Principal in Charge: $ 275.00 Senior Planner: $ 175.00 - $ 275.00 Project Manager: $ 130.00 - $ 190.00 Project Architect: $ 120.00 - $ 190.00 Staff Architect: $ 125.00 - $ 160.00 Project Designer: $ 115.00 - $ 190.00 Staff Designer: $ 115.00 - $ 155.00 Interior Designer: $ 90.00 - $ 160.00 Technical Designer: $ 95.00 - $ 155.00 Production Support: $ 85.00 - $ 155.00 Graphics Visualization: $ 115.00 - $ 125.00 Project Coordinator: $ 80.00 - $ 120.00 Administrative Support Staff: $ 80.00 - $ 120.00 Page 142 Item#16. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: AIA B133 Agreement with Rice Fergus Miller, Inc. for the Final Design and Construction Administration for the Northwest Police Substation/Precinct in the Not-To-Exceed Amount of$423,975.00 Page 143 Item#16. C� fIEN , IN4, IDAHG-. MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Keith Watts, Procurement Division Meeting Date: June 15, 2021 Presenter: Consent/ Lt.Jamie Leslie Estimated Time: N/A Topic: Approval of AIA B133 Agreement with Rice Fergus Miller for the Final Design and Construction Administration for the NW Police Sub Station/Precinct in the Not-To- Exceed amount of$423,975.00 Recommended Council Action: Approval of Agreement and authorize the Procurement Manager to execute agreement and issue a PO for$423,975.00. Background: This agreement is issued as an associated project to Fire Station 6 design per Idaho Statute 67- 2320(4) Page 144 Item#16. AIA Document B133" - 2019 Standard Form of Agreement Between Owner and Architect, Construction Manager as Constructor Edition AGREEMENT made as of the Seventh day of June in the year Two Thousand Twenty-one (In words, indicate day, month and year.) ADDITIONS AND DELETIONS: The author of this document has BETWEEN the Architect's client identified as the Owner: added information needed for its (Name, legal status, address, and other information) completion.The author may also have revised the text of the original City of Meridian,and Idaho Municipal Corporation AIA standard form.An Additions and c/o Meridian Finance Department Deletions Report that notes added 33 E. Broadway Avenue information as well as revisions to the Meridian,Idaho 86342 standard form text is available from the author and should be reviewed.A and the Architect: vertical line in the left margin of this (Name, legal status, address, and other information) document indicates where the author has added necessary information Rice Fergus Miller,Inc. and where the author has added to or 275 51'Street,Suite 100 deleted from the original AIA text. Bremerton,WA 98337 This document has important legal Telephone Number: 360-377-8773 consequences.Consultation with an attorney is encouraged with respect for the following Project: to its completion or modification. (Name, location, and detailed description) This document is intended to be used in conjunction with AIA Documents Meridian NW Police Station Design-Construction Administration A201-2017Tm,General Conditions of RFM Project Number: 2020038.04 the Contract for Construction; The Construction Manager(if known): A133-2019'rm Standard Form of (Name, legal status, address, and other information) Agreement Between Owner and Construction Manager as Engineered Structures,Inc.(ESI Construction) Constructor where the basis of 3330 E.Lousie Drive,Suite 300 payment is the Cost of the Work Plus Meridian,Idaho 83642 a Fee with a Guaranteed Maximum Telephone Number(208)362-3040 Price;and All 34-2019TM Standard Form of Agreement Between Owner The Owner and Architect agree as follows. and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee without a Guaranteed Maximum Price.AIA Document A201 TM-2017 is adopted in this document by reference.Do not use with other general conditions unless this document is modified. Init. AIA Document B133'"—2019.Copyright©2014,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 18:42:28 ET on 06/07/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is licensed for one-time use only,a / be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 145 User Notes: (1850 Item#16. TABLE OF ARTICLES 1 INITIAL INFORMATION 2 ARCHITECT'S RESPONSIBILITIES 3 SCOPE OF ARCHITECT'S BASIC SERVICES 4 SUPPLEMENTAL AND ADDITIONAL SERVICES 5 OWNER'S RESPONSIBILITIES 6 COST OF THE WORK 7 COPYRIGHTS AND LICENSES 8 CLAIMS AND DISPUTES 9 TERMINATION OR SUSPENSION 10 MISCELLANEOUS PROVISIONS 11 COMPENSATION 12 SPECIAL TERMS AND CONDITIONS 13 SCOPE OF THE AGREEMENT ARTICLE 1 INITIAL INFORMATION § 1.1 This Agreement is based on the Initial Information set forth in this Section 1.1. (For each item in this section, insert the information or a statement such as "not applicable"or "unknown at time of execution.') § 1.1.1 The Owner's program for the Project: (Insert the Owner's program, identify documentation that establishes the Owner's program,or state the manner in which the program will be developed.) The NW police station will be a prototype building with the following major features.The building shall contain assigned offices,an open patrol room with adjoining conference room,records storage,breakroom,men's and women's locker rooms with a common fitness room,both hard and soft interview rooms,armory,evidence,intake and one(1)sally port. For more detail refer to the facility planning workshop notes from November 2020.The site includes approximately 4 acres of development included a Meridian Fire station to be constructed at a similar time. § 1.1.2 The Project's physical characteristics: (Identify or describe pertinent information about the Project's physical characteristics, such as size;location; dimensions;geotechnical reports;site boundaries;topographic surveys;traffic and utility studies;availability ofpublic and private utilities and services;legal description of the site, etc) As outlined in Rice Fergus Miller/Pivot North Architecture's Meridian Police Department Facility Planning Workshop document,dated November 13,2020. § 1.1.3 The Owner's budget for the Cost of the Work,as defined in Section 6.1: (Provide total and, if known, a line item breakdown) $403,975.00 § 1.1.4 The Owner's anticipated design and construction milestone dates: .1 Design phase milestone dates,if any: Init. AIA Document B133'"—2019.Copyright©2014,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 18:42:28 ET on 06/07/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is licensed for one-time use only,a / be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 146 User Notes: (1850 Item#16. 12/15/2021 .2 Construction commencement date: TBD .3 Substantial Completion date or dates: TBD .4 Other milestone dates: NA § 1.1.5 The Owner intends to retain a Construction Manager pursuant to the following agreement: (Indicate agreement type) [X] AIA Document A133-2019,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. [ ] AIA Document A134-2019,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 without a Guaranteed Maximum Price. § 1.1.6 The Owner's requirements for accelerated or fast-track design and construction,or phased construction are set forth below: (List number and type oj'bid/procurement packages) None identified at this time. § 1.1.7 The Owner's anticipated Sustainable Objective for the Project: (Identify and describe the Owner's Sustainable Objective for the Project, if any) None. § 1.1.7.1 If the Owner identifies a Sustainable Objective,the Owner and Architect 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 Architect 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. § 1.1.8 The Owner identifies the following representative in accordance with Section 5.4: (List name, address, and other contact information) Stacy Redman Facilities Project Manager City of Meridian,Public Works Department 33 E. Broadway Avenue Meridian,Idaho 83642 sredman(&meridiancit y�org (Office Phone)208-489-0374 (Cell Phone)208-985-4234 (Fax)208-898-9551 Init. AIA Document B133'"—2019.Copyright©2014,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 18:42:28 ET on 06/07/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is licensed for one-time use only,a / be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 147 User Notes: (1850 Item#16. § 1.1.9 The persons or entities,in addition to the Owner's representative,who are required to review the Architect's submittals to the Owner are as follows: (List name, address, and other contact information) Not applicable. § 1.1.10 The Owner shall retain the following consultants and contractors: (List name, legal status, address, and other contact information) .1 Construction Manager: (The Construction Manager is identified on the cover page.If a Construction Manager has not been retained as of the date of this Agreement,state the anticipated date of retention. If the Architect is to assist the Owner in selecting the Construction Manager, complete Section 4.1.1.1) Engineered Structures,Inc. .2 Land Surveyor: Not by Owner;included in services of Architect. .3 Geotechnical Engineer: By owner,Atlas Geotechnical Services .4 Civil Engineer: Not by Owner;included in services of Architect. .5 Other consultants and contractors: (List any other consultants and contractors retained by the Owner.) None identified at this time. § 1.1.11 The Architect identifies the following representative in accordance with Section 2.4: (List name, address, and other contact information) Gunnar R.Gladics,Project Manager ggladics@rfinarch.com phone:360.377.8773 Rice Fergus Miller,Inc. 275 51h St.4100 Bremerton,WA 98337 § 1.1.12 The Architect shall retain the consultants identified in Sections 1.1.12.1 and 1.1.12.2: (List name, legal status, address, and other contact information) § 1.1.12.1 Consultants retained under Basic Services: .1 Structural Engineer: KPFF Judsen Williams SE Principal Engineer Judsen.williams@kpff.com Phone: 208.336.6985 412 E. Parkcenter Blvd. Suite 200 Boise,ID 83706 Init. AIA Document B133'"—2019.Copyright 0 2014,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 18:42:28 ET on 06/07/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is licensed for one-time use only,a / be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 148 User Notes: (1850 Item#16. .2 Mechanical Engineer: Cator Ruma Brittany Austin Project Engineer baustin@caton-uma.com Phone:208.343.3663 420 S.Orchard Street Boise,ID 83705 .3 Electrical Engineer: Cator Ruma Kyle Olsen PE Project Engineer kolsen@catorruma.com Phone:208.343.3663 420 S.Orchard Street Boise,ID 83705 .4 Associate Architect: Pivot North Architecture Clint Sievers AIA,Project Architect clint@pivotnorthdesi ng com Phone:208.690.3108 1101 West Grove St. Boise,ID 83702 § 1.1.12.2 Consultants retained under Supplemental Services: .5 Civil Engineer(included in Architect's Basic Services fee): Eric Cronin PE, Project Engineer eric(&thelandgroupinc.com Phone:208.939.4041 462 E Shore Dr.#100 Eagle,ID 83616 .6 Landscape Architecture(included in Architect's Basic Services fee): Bob Schafer,Landscape Architect bob(a-)thelandaroupinc.com Phone: 208.939.4041 462 E Shore Dr.#100 Eagle,ID 83616 .7 IT Design(included in Architect's Basic Services fee): Kyle Olsen PE,Project Engineer kolsen(&catornuna.com Phone:208.343.3663 420 S.Orchard Street Boise,ID 83705 § 1.1.13 Other Initial Information on which the Agreement is based: Init. AIA Document B133'"—2019.Copyright 02014,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 18:42:28 ET on 06/07/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is licensed for one-time use only,a / be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 149 User Notes: (1850 Item#16. § 1.2 The Owner and Architect may rely on the Initial Information.Both parties,however,recognize that the Initial Information may materially change and,in that event,the Owner and the Architect shall appropriately adjust the Architect's services,schedule for the Architect's services,and the Architect's compensation(if required) § 1.3 The parties shall agree upon protocols governing the transmission and use of Instruments of Service or any other information or documentation in digital form. § 1.3.1 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, shall be at the using or relying parry'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 ARCHITECT'S RESPONSIBILITIES § 2.1 The Architect shall provide professional services as set forth in this Agreement.The Architect represents that it is properly licensed in the jurisdiction where the Project is located to provide the services required by this Agreement,or shall cause such services to be performed by appropriately licensed design professionals. § 2.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances.The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. § 2.3 The Architect shall provide its services in conjunction with the services of a Construction Manager as described in the agreement identified in Section 1.1.5.The Architect shall not be responsible for actions taken by the Construction Manager. § 2.4 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the Project. § 2.5 Except with the Owner's knowledge and consent,the Architect shall not engage in any activity,or accept any employment,interest or contribution that would reasonably appear to compromise the Architect's professional judgment with respect to this Project. § 2.6 Insurance.The Architect shall maintain the following insurance until termination of this Agreement.If any of the requirements set forth below are in addition to the types and limits the Architect normally maintains,the Owner shall pay the Architect as set forth in Section 11.9. § 2.6.1 Commercial General Liability with policy limits of not less than Two Million Dollars($2,000,000.00.)for each occurrence and Two Million Dollars($2,000,000.00.) in the aggregate for bodily injury and property damage. § 2.6.2 Automobile Liability covering vehicles owned,and non-owned vehicles used,by the Architect with policy limits of not less than One Million Dollars($1,000,000.00)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. § 2.6.3 The Architect may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess or umbrella liability insurance,provided such primary and excess or umbrella liability insurance policies result in the same or greater coverage as the coverages required under Sections 2.6.1 and 2.6.2,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. § 2.6.4 Workers' Compensation at statutory limits. § 2.6.5 Intentionally Deleted. § 2.6.6 Professional Liability covering negligent acts,errors and omissions in the performance of professional services, with policy limits of not less than Five Million Dollars($5,000,000.00)per claim and Five Million Dollars ($5,000,000.00)in the aggregate. Init. AIA Document B133'"—2019.Copyright©2014,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 18:42:28 ET on 06/07/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is licensed for one-time use only,a / be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 150 User Notes: (1850 Item#16. § 2.6.7 Additional Insured Obligations.The Architect shall cause the primary and excess or umbrella polices for Commercial General Liability and Automobile Liability to include the Owner as an additional insured.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. § 2.6.8 The Architect shall provide certificates of insurance to the Owner that evidence compliance with the requirements in this Section 2.6. ARTICLE 3 SCOPE OF ARCHITECT'S BASIC SERVICES § 3.1 The Architect's Basic Services consist of those described in this Article 3 and include usual and customary structural,mechanical,and electrical engineering services. Services not set forth in this Article 3 are Supplemental or Additional Services. § 3.1.1 The Architect shall manage the Architect's services,research applicable design criteria,attend Project meetings, communicate with members of the Project team,and report progress to the Owner. § 3.1.2 The Architect shall coordinate its services with those services provided by the Owner,the Construction Manager, and the Owner's consultants.The Architect shall be entitled to rely on,and shall not be responsible for,the accuracy, completeness,and timeliness of,services and information furnished by the Owner,the Construction Manager,and the Owner's consultants.The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any error,omission,or inconsistency in such services or information. § 3.1.3 As soon as practicable after the date of this Agreement,the Architect shall submit,for the Construction Manager's review and the Owner's approval,a schedule for the performance of the Architect's services.The schedule shall include design phase milestone dates,as well as the anticipated dates for the commencement of construction and for Substantial Completion of the Work as set forth in the Initial Information.The schedule shall include allowances for periods of time required for the Owner's review,for the Construction Manager's review,for the performance of the Construction Manager's Preconstruction Phase services,for the performance of the Owner's consultants,and for approval of submissions by authorities having jurisdiction over the Project.Once approved by the Owner,time limits established by the schedule shall not,except for reasonable cause,be exceeded by the Architect or Owner.With the Owner's approval, the Architect shall adjust the schedule,if necessary,as the Project proceeds until the commencement of construction. § 3.1.4 The Architect shall submit information to the Construction Manager and participate in developing and revising the Project schedule as it relates to the Architect's services.The Architect shall review and approve,or take other appropriate action upon,the portion of the Project schedule relating to the performance of the Architect's services. §3.1.5 The Architect shall not be responsible for an Owner's directive or substitution,or for the Owner's acceptance of non-conforming work,made or given without the Architect's written approval. § 3.1.6 The Architect shall,in coordination with the Construction Manager,contact governmental authorities required to approve the Construction Documents and entities providing utility services to the Project.The Architect shall respond to applicable design requirements imposed by those authorities and entities. § 3.1.7 The Architect shall assist the Owner and Construction Manager in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. § 3.1.8 Prior to the Owner's acceptance of the Construction Manager's Guaranteed Maximum Price proposal,or the Owner's approval of the Construction Manager's Control Estimate,as applicable,the Architect shall consider the Construction Manager's requests for substitutions and,upon written request of the Construction Manager,provide clarification or interpretations pertaining to the Drawings,Specifications,and other documents submitted by the Architect.The Architect and Construction Manager shall include the Owner in communications related to substitution requests,clarifications,and interpretations. § 3.1.9 Concept Design and Entitlement Support PROVIDED UNDER SEPARATE CONTRACT Init. AIA Document B133'"—2019.Copyright©2014,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 18:42:28 ET on 06/07/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is licensed for one-time use only,a / be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 151 User Notes: (1850 Item#16. §3.2 Review of the Construction Manager's Guaranteed Maximum Price Proposal or Control Estimate-NOT INCLUDED IN CONTRACT OR FEE § 3.2.1 At a time to be mutually agreed upon by the Owner and the Construction Manager,the Construction Manager shall prepare,for review by the Owner and Architect,and for the Owner's acceptance or approval,a Guaranteed Maximum Price proposal or Control Estimate.The Architect shall assist the Owner in reviewing the Construction Manager's proposal or estimate.The Architect's review is not for the purpose of discovering errors,omissions,or inconsistencies;for the assumption of any responsibility for the Construction Manager's proposed means,methods,sequences,techniques,or procedures;or for the verification of any estimates of cost or estimated cost proposals.In the event that the Architect discovers any inconsistencies or inaccuracies in the information presented,the Architect shall promptly notify the Owner and Construction Manager. § 3.2.2 Upon authorization by the Owner,and subject to Section 4.2.1.14,the Architect shall update the Drawings, Specifications,and other documents to incorporate the agreed upon assumptions and clarifications contained in the Guaranteed Maximum Price Amendment or Control Estimate. § 3.3 Schematic Design Phase Services-PROVIDED UNDER SEPARATE CONTRACT § 3.3.1 The Architect shall review the program,and other information furnished by the Owner and Construction Manager, and shall review laws,codes,and regulations applicable to the Architect's services. § 3.3.2 The Architect shall prepare a preliminary evaluation of the Owner's program,schedule,budget for the Cost of the Work,Project site,and other Initial Information,each in terms of the other,to ascertain the requirements of the Project. The Architect shall notify the Owner of(1)any inconsistencies discovered in the information,and(2)other information or consulting services that may be reasonably needed for the Project. § 3.3.3 The Architect shall present its preliminary evaluation to the Owner and Construction Manager and shall discuss with the Owner and Construction Manager alternative approaches to design and construction of the Project.The Architect shall reach an understanding with the Owner regarding the requirements of the Project. § 3.3.4 Based on the Project requirements agreed upon with the Owner,the Architect shall prepare and present,to the Owner and Construction Manager,for the Owner's approval,a preliminary design illustrating the scale and relationship of the Project components. § 3.3.5 Based on the Owner's approval of the preliminary design,the Architect shall prepare Schematic Design Documents for Construction Manager's review and the Owner's approval.The Schematic Design Documents shall consist of drawings and other documents including a site plan,if appropriate,and preliminary building plans,sections and elevations;and may include some combination of study models,perspective sketches,or digital representations. Preliminary selections of major building systems and construction materials shall be noted on the drawings or described in writing. § 3.3.5.1 The Architect shall consider sustainable design alternatives,such as material choices and building orientation, together with other considerations based on program and aesthetics,in developing a design that is consistent with the Owner's program,schedule and budget for the Cost of the Work.The Owner may obtain more advanced sustainable design services as a Supplemental Service under Section 4.1. § 3.3.5.2 The Architect shall consider with the Owner and the Construction Manager the value of alternative materials, building systems and equipment,together with other considerations based on program and aesthetics,in developing a design for the Project that is consistent with the Owner's program,schedule,and budget for the Cost of the Work. § 3.3.6 The Architect shall submit the Schematic Design Documents to the Owner and the Construction Manager.The Architect shall meet with the Construction Manager to review the Schematic Design Documents. § 3.3.7 Upon receipt of the Construction Manager's review comments and cost estimate at the conclusion of the Schematic Design Phase,the Architect shall take action as required under Section 6.4,and request the Owner's approval of the Schematic Design Documents.If revisions to the Schematic Design Documents are required to comply with the Owner's budget for the Cost of the Work at the conclusion of the Schematic Design Phase,the Architect shall incorporate the required revisions in the Design Development Phase. Init. AIA Document B133'"—2019.Copyright 02014,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 18:42:28 ET on 06/07/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is licensed for one-time use only,a / be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 152 User Notes: (1850 Item#16. § 3.3.8 In the further development of the Drawings and Specifications during this and subsequent phases of design,the Architect shall be entitled to rely on the accuracy of the estimates of the Cost of the Work,which are to be provided by the Construction Manager under the Construction Manager's agreement with the Owner. § 3.4 Design Development Phase Services § 3.4.1 Based on the Owner's approval of the Schematic Design Documents,and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work,the Architect shall prepare Design Development Documents for the Construction Manager's review and the Owner's approval.The Design Development Documents shall be based upon information provided,and estimates prepared by,the Construction Manager and shall illustrate and describe the development of the approved Schematic Design Documents and shall consist of drawings and other documents including plans,sections,elevations,typical construction details,and diagrammatic layouts of building systems to fix and describe the size and character of the Project as to architectural,structural,mechanical and electrical systems,and other appropriate elements.The Design Development Documents shall also include outline specifications that identify major materials and systems and establish in general their quality levels. § 3.4.2 Prior to the conclusion of the Design Development Phase,the Architect shall submit the Design Development Documents to the Owner and the Construction Manager.The Architect shall meet with the Construction Manager to review the Design Development Documents. § 3.4.3 Upon receipt of the Construction Manager's information and estimate at the conclusion of the Design Development Phase,the Architect shall take action as required under Sections 6.5 and 6.6 and request the Owner's approval of the Design Development Documents. § 3.5 Construction Documents Phase Services § 3.5.1 Based on the Owner's approval of the Design Development Documents,and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work,the Architect shall prepare Construction Documents for the Construction Manager's review and the Owner's approval.The Construction Documents shall illustrate and describe the further development of the approved Design Development Documents and shall consist of Drawings and Specifications setting forth in detail the quality levels and performance criteria of materials and systems and other requirements for the construction of the Work.The Owner and Architect acknowledge that,in order to perform the Work,the Construction Manager will provide additional information,including Shop Drawings,Product Data,Samples and other similar submittals,which the Architect shall review in accordance with Section 3.6.4. § 3.5.2 The Architect shall incorporate the design requirements of governmental authorities having jurisdiction over the Project into the Construction Documents. § 3.5.3 During the development of the Construction Documents,if requested by the Owner,the Architect shall assist the Owner and Construction Manager in the development and preparation of(1)the Conditions of the Contract for Construction(General,Supplementary and other Conditions)and(2)a project manual that includes the Conditions of the Contract for Construction and Specifications,and may include sample forms. § 3.5.4 Prior to the conclusion of the Construction Documents Phase,the Architect shall submit the Construction Documents to the Owner and the Construction Manager.The Architect shall meet with the Construction Manager to review the Construction Documents. § 3.5.5 Upon receipt of the Construction Manager's information and estimate at the conclusion of the Construction Documents Phase,the Architect shall take action as required under Section 6.7,and request the Owner's approval of the Construction Documents. § 3.6 Construction Phase Services § 3.6.1 General § 3.6.1.1 The Architect shall provide administration of the Contract between the Owner and the Construction Manager as set forth below and in AIA Document A201T114-2017,General Conditions of the Contract for Construction.If the Owner and Construction Manager modify ATA Document A201-2017,those modifications shall not affect the Architect's Init. AIA Document B133'"—2019.Copyright 02014,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 18:42:28 ET on 06/07/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is licensed for one-time use only,a / be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 153 User Notes: (1850 Item#16. services under this Agreement unless the Owner and the Architect amend this Agreement.The term"Contractor"as used in A201-2017 shall mean the Construction Manager. § 3.6.1.2 Subject to Section 4.2,the Architect's responsibility to provide Construction Phase Services commences upon the Owner's acceptance of the Construction Manager's Guaranteed Maximum Price proposal,the Owner's approval of the Construction Manager's Control Estimate,or by a written agreement between the Owner and Construction Manager which sets forth a description of the Work to be performed by the Construction Manager prior to such acceptance or approval. Subject to Section 4.2,and except as provided in Section 3.6.6.5,the Architect's responsibility to provide Construction Phase Services terminates on the date the Architect issues the final Certificate for Payment. § 3.6.1.3 The Architect shall advise and consult with the Owner and Construction Manager during the Construction Phase Services.The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement. The Architect shall not have control over,charge of,or responsibility for the construction means,methods,techniques, sequences or procedures,or for safety precautions and programs in connection with the Work,nor shall the Architect be responsible for the Construction Manager's failure to perform the Work in accordance with the requirements of the Contract Documents.The Architect shall be responsible for the Architect's negligent acts or omissions,but shall not have control over or charge of,and shall not be responsible for,acts or omissions of the Construction Manager or of any other persons or entities performing portions of the Work. § 3.6.2 Evaluations of the Work § 3.6.2.1 The Architect shall visit the site at intervals appropriate to the stage of construction,or as otherwise required in Section 4.2.3,to become generally familiar with the progress and quality of the portion of the Work completed,and to determine,in general,if the Work observed is being performed in a manner indicating that the Work,when fully completed,will be in accordance with the Contract Documents.However,the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work.On the basis of the site visits,the Architect shall 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 Construction Manager,and(3)defects and deficiencies observed in the Work. § 3.6.2.2 The Architect has the authority to reject Work that does not conform to the Contract Documents.Whenever the Architect considers it necessary or advisable,the Architect shall have the authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents,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 Construction Manager, Subcontractors,suppliers,their agents or employees,or other persons or entities performing portions of the Work. § 3.6.2.3 The Architect shall interpret and decide matters concerning performance under,and requirements of,the Contract Documents on written request of either the Owner or Construction Manager.The Architect's response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 3.6.2.4 Interpretations and decisions of the Architect shall be consistent with the intent of,and reasonably inferable from,the Contract Documents and shall be in writing or in the form of drawings.When making such interpretations and decisions,the Architect shall endeavor to secure faithful performance by both Owner and Construction Manager,shall not show partiality to either,and shall not be liable for results of interpretations or decisions rendered in good faith.The Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents subject to written approval of the Owner. § 3.6.2.5 Unless the Owner and Construction Manager designate another person to serve as an Initial Decision Maker,as that term is defined in AIA Document A201-2017,the Architect shall render initial decisions on Claims between the Owner and Construction Manager as provided in the Contract Documents. § 3.6.3 Certificates for Payment to Construction Manager § 3.6.3.1 The Architect shall review and certify the amounts due the Construction Manager and shall issue certificates in such amounts.The Architect's certification for payment shall constitute a representation to the Owner,based on the Architect's evaluation of the Work as provided in Section 3.6.2 and on the data comprising the Construction Manager's Application for Payment,that,to the best of the Architect's knowledge,information and belief,the Work has progressed Init. AIA Document B133'"—2019.Copyright©2014,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 18:42:28 ET on 06/07/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is licensed for one-time use only,a / be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 154 User Notes: (1850 Item#16. to the point indicated,the quality of the Work is in accordance with the Contract Documents,and that the Construction Manager is entitled to payment in the amount certified.The foregoing representations are subject to(1)an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion,(2)results of subsequent tests and inspections,(3)correction of minor deviations from the Contract Documents prior to completion,and(4)specific qualifications expressed by the Architect. § 3.6.3.2 The issuance of a Certificate for Payment shall not be a representation that the Architect has(1)made exhaustive or continuous on-site inspections to check the quality or quantity of the Work,(2)reviewed construction means,methods, techniques,sequences or procedures,(3)reviewed copies of requisitions received from Subcontractors and suppliers and other data requested by the Owner to substantiate the Construction Manager's right to payment,or(4)ascertained how or for what purpose the Construction Manager has used money previously paid on account of the Contract Sum. § 3.6.3.3 The Architect shall maintain a record of the Applications and Certificates for Payment. § 3.6.4 Submittals § 3.6.4.1 The Architect shall review the Construction Manager's submittal schedule and shall not unreasonably delay or withhold approval of the schedule.The Architect's action in reviewing submittals shall be taken in accordance with the approved submittal schedule 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. § 3.6.4.2 The Architect shall review and approve,or take other appropriate action upon,the Construction Manager'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.Review of such submittals is not for the purpose of determining the accuracy and completeness of other information such as dimensions, quantities,and installation or performance of equipment or systems,which are the Construction Manager's responsibility. The Architect's review shall not constitute approval of safety precautions or 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. § 3.6.4.3 If the Contract Documents specifically require the Construction Manager to provide professional design services or certifications by a design professional related to systems,materials,or equipment,the Architect shall specify the appropriate performance and design criteria that such services must satisfy.The Architect shall review and take appropriate action on Shop Drawings and other submittals related to the Work designed or certified by the Construction Manager's design professional,provided the submittals bear such professional's seal and signature when submitted to the Architect.The Architect's review shall be for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents.The Architect shall be entitled to rely upon,and shall not be responsible for,the adequacy and accuracy of the services,certifications,and approvals performed or provided by such design professionals. § 3.6.4.4 Subject to Section 4.2,the Architect shall review and respond to requests for information about the Contract Documents.The Architect shall set forth,in the Contract Documents,the requirements for requests for information. Requests for information shall include,at a minimum,a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested.The Architect's response to such requests shall be made in writing within any time limits agreed upon,or otherwise with reasonable promptness.If appropriate,the Architect shall prepare and issue supplemental Drawings and Specifications in response to the requests for information. § 3.6.4.5 The Architect shall maintain a record of submittals and copies of submittals supplied by the Construction Manager in accordance with the requirements of the Contract Documents. § 3.6.5 Changes in the Work § 3.6.5.1 Subject to Owner's approval,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. Subject to Section 4.2,the Architect shall prepare Change Orders and Construction Change Directives for the Owner's approval and execution in accordance with the Contract Documents. § 3.6.5.2 The Architect shall maintain records relative to changes in the Work. Init. AIA Document B133'"—2019.Copyright©2014,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 18:42:28 ET on 06/07/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is licensed for one-time use only,a / be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 155 User Notes: (1850 Item#16. § 3.6.6 Project Completion—NOT INCLUDED IN CONTRACT OR FEE § 3.6.6.1 The Architect shall: .1 conduct inspections to determine the date or dates of Substantial Completion and the date of final completion; .2 issue Certificates of Substantial Completion; .3 forward to the Owner,for the Owner's review and records,written warranties and related documents required by the Contract Documents and received from the Construction Manager;and .4 issue a final Certificate for Payment based upon a final inspection indicating that,to the best of the Architect's knowledge,information,and belief,the Work complies with the requirements of the Contract Documents. § 3.6.6.2 The Architect's inspections shall be conducted with the Owner to(1)check conformance of the Work with the requirements of the Contract Documents and(2)verify the accuracy and completeness of the list submitted by the Construction Manager of Work to be completed or corrected. § 3.6.6.3 When Substantial Completion has been achieved,the Architect shall inform the Owner about the balance of the Contract Sum remaining to be paid the Construction Manager,including the amount to be retained from the Contract Sum, if any,for final completion or correction of the Work. § 3.6.6.4 The Architect shall forward to the Owner the following information received from the Construction Manager:(1) consent of surety or sureties,if any,to reduction in or partial release of retainage or the making of final payment;(2) affidavits,receipts,releases and waivers of liens,or bonds indemnifying the Owner against liens;and(3)any other documentation required of the Construction Manager under the Contract Documents. § 3.6.6.5 Upon request of the Owner,and prior to the expiration of one year from the date of Substantial Completion,the Architect shall,without additional compensation,conduct a meeting with the Owner to review the facility operations and performance. ARTICLE 4 SUPPLEMENTAL AND ADDITIONAL SERVICES § 4.1 Supplemental Services § 4.1.1 The services listed below are not included in Basic Services but may be required for the Project.The Architect shall provide the listed Supplemental Services only if specifically designated in the table below as the Architect's responsibility,and the Owner shall compensate the Architect as provided in Section 11.2.Unless otherwise specifically addressed in this Agreement,if neither the Owner nor the Architect is designated,the parties agree that the listed Supplemental Service is not being provided for the Project. (Designate the Architect's Supplemental Services and the Owner's Supplemental Services required for the Project by indicating whether the Architect or Owner shall be responsible for providing the identified Supplemental Service.Insert a description of the Supplemental Services in Section 4.1.2 below or attach the description of services as an exhibit to this Agreement.) Init. AIA Document B133'"—2019.Copyright©2014,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 18:42:28 ET on 06/07/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is licensed for one-time use only,a / be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 156 User Notes: (1 850 Item#16. Supplemental Services Responsibility Architect, Owner, or notprovided) 4.1.1.1 Assistance with Selection of Construction Manager Not Provided 4.1.1.2 Programming Provided under previous contract 4.1.1.3 Multiple Preliminary Designs Not Provided 4.1.1.4 Measured drawings Not Provided 4.1.1.5 Existing facilities surveys Not Provided 4.1.1.6 Site evaluation and planning Provided under previous contract 4.1.1.7 Building Information Model management responsibilities Not Provided § 4.1.1.8 Development of Building Information Models for post Not Provided construction use 4.1.1.9 Civil engineering Architect under Basic Services 4.1.1.10 Landscape design Architect under Basic Services 4.1.1.11 Architectural interior design Architect under Basic Services 4.1.1.12 Value analysis Not Provided 4.1.1.13 Cost estimating Not Provided 4.1.1.14 On-site project representation Not Provided 4.1.1.15 Conformed documents for construction Not Provided 4.1.1.16 As-designed record drawings Not Provided 4.1.1.17 As-constructed record drawings Not Provided 4.1.1.18 Post-occupancy evaluation Not Provided 4.1.1.19 Facility support services Not Provided 4.1.1.20 Tenant-related services Not Provided 4.1.1.21 Architect's coordination of the Owner's consultants Not Provided § 4.1.1.22 Alerting and emergency response systems,including Not Provided antennas and audio equipment Row deleted 4.1.1.23 Security evaluation and planning Not Provided 4.1.1.24 Commissioning Not Provided 4.1.1.25 Sustainable Project Services pursuant to Section 4.1.3 Not Provided 4.1.1.26 Historic preservation Not Provided 4.1.1.27 Furniture,furnishings,and equipment design Not Provided 4.1.1.28 Other services provided by specialty Consultants Not Provided 4.1.1.29 Other Supplemental Services Not Provided § 4.1.1.30 Entitlements Provided under previous contract 4.1.1.31 Fire Station Traffic Si nalization Design Not Provided 4.1.1.32 IT and Data Design Architect under Basic Services § 4.1.2 Description of Supplemental Services § 4.1.2.1 A description of each Supplemental Service identified in Section 4.1.1 as the Architect's responsibility is provided in: None § 4.1.2.2 A description of each Supplemental Service identified in Section 4.1.1 as the Owner's responsibility is provided below. None Init. AIA Document B133'"—2019.Copyright©2014,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 18:42:28 ET on 06/07/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is licensed for one-time use only,a I be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 157 User Notes: (1850 Item#16. § 4.1.3 Intentionally Deleted. § 4.2 Architect's Additional Services The Architect may provide Additional Services after execution of this Agreement without invalidating the Agreement. Except for services required due to the fault of the Architect,any Additional Services provided in accordance with this Section 4.2 shall entitle the Architect to compensation pursuant to Section 11.3 and an appropriate adjustment in the Architect's schedule. § 4.2.1 Upon recognizing the need to perform the following Additional Services,the Architect shall notify the Owner with reasonable promptness and explain the facts and circumstances giving rise to the need.The Architect shall not proceed to provide the following Additional Services until the Architect receives the Owner's written authorization: .1 Services necessitated by a change in the Initial Information,previous instructions or recommendations given by the Construction Manager or the Owner,approvals given by the Owner,or a material change in the Project including size,quality,complexity,the Owner's schedule or budget for Cost of the Work,or bid packages in addition to those listed in Section 1.1.6; .2 Making revisions in Drawings,Specifications,or other documents(as required pursuant to Section 6.7), when such revisions are required because the Construction Manager's estimate of the Cost of the Work, Guaranteed Maximum Price proposal,or Control Estimate exceeds the Owner's budget,except where such excess is due to changes initiated by the Architect in scope,capacities of basic systems,or the kinds and quality of materials,finishes,or equipment; .3 Services necessitated by the enactment or revision of codes,laws,or regulations,including changing or editing previously prepared Instruments of Service; .4 Changing or editing previously prepared Instruments of Service necessitated by official interpretations of applicable codes,laws or regulations that are either(a)contrary to specific interpretations by the applicable authorities having jurisdiction made prior to the issuance of the building permit,or(b)contrary to requirements of the Instruments of Service when those Instruments of Service were prepared in accordance with the applicable standard of care; .5 Services necessitated by decisions of the Owner or Construction Manager not rendered in a timely manner or any other failure of performance on the part of the Owner or the Owner's consultants or contractors; .6 Preparing digital models or other design documentation for transmission to the Owner's consultants and contractors,or to other Owner-authorized recipients; .7 Preparation of design and documentation for alternate bid or proposal requests proposed by the Owner or Construction Manager; .8 Preparation for,and attendance at,a public presentation,meeting or hearing; .9 Preparation for,and attendance at,a dispute resolution proceeding or legal proceeding,except where the Architect is party thereto; .10 Consultation concerning replacement of Work resulting from fire or other cause during construction;or .11 Assistance to the Initial Decision Maker,if other than the Architect; .12 Services necessitated by replacement of the Construction Manager or conversion of the Construction Manager as constructor project delivery method to an alternative project delivery method; .13 Services necessitated by the Owner's delay in engaging the Construction Manager; .14 Making revisions to the Drawings,Specifications,and other documents resulting from agreed-upon assumptions and clarifications included in the Guaranteed Maximum Price Amendment or Control Estimate;and .15 Making revisions to the Drawings,Specifications,and other documents resulting from substitutions included in the Guaranteed Maximum Price Amendment or Control Estimate. § 4.2.2 (Paragraphs deleted) Intentionally Deleted. § 4.2.3 The Architect shall provide Construction Phase Services exceeding the limits set forth below as Additional Services.When the limits below are reached,the Architect shall notify the Owner: 1 Two ( 2 )reviews of each Shop Drawing,Product Data item,sample and similar submittals of the Construction Manager .2 Thirty Two ( 32 )visits to the site by the Architect during construction Init. AIA Document B133'"—2019.Copyright©2014,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 18:42:28 ET on 06/07/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is licensed for one-time use only,a / be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 158 User Notes: (1850 Item#16. 3 Two ( 2 )inspections for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents .4 Two ( 2 )inspections for any portion of the Work to determine final completion § 4.2.4 Except for services required under Section 3.6.6.5 and those services that do not exceed the limits set forth in Section 4.2.3,Construction Phase Services provided more than 60 days after(1)the date of Substantial Completion of the Work or(2)the initial date of Substantial Completion identified in the agreement between the Owner and Contractor, whichever is earlier,shall be compensated as Additional Services to the extent the Architect incurs additional cost in providing those Construction Phase Services. § 4.2.5 Subject to the Owner's prior approval,the services covered by this Agreement have not been completed within twelve(24)months of the date of this Agreement,through no fault of the Architect,extension of the Architect's services beyond that time may be compensated as Additional Services. ARTICLE 5 OWNER'S RESPONSIBILITIES § 5.1 Unless otherwise provided for under this Agreement,the Owner shall provide information in a timely manner regarding requirements for and limitations on the Project,including a written program which shall set forth the Owner's objectives;schedule;constraints and criteria,including space requirements and relationships;flexibility;expandability; special equipment; systems;and site requirements. § 5.2 The Owner shall retain a Construction Manager to provide services,duties,and responsibilities as described in the agreement selected in Section 1.1.5. § 5.3 The Owner shall establish the Owner's budget for the Project,including(1)the budget for the Cost of the Work as defined in Section 6.1;(2)the Owner's other costs;and,(3)reasonable contingencies related to all of these costs.The Owner shall update the Owner's budget for the Project as necessary throughout the duration of the Project until final completion.If the Owner significantly increases or decreases the Owner's budget for the Cost of the Work,the Owner shall notify the Architect and Construction Manager.The Owner and the Architect,in consultation with the Construction Manager,shall thereafter agree to a corresponding change in the Project's scope and quality. § 5.3.1 The Owner acknowledges that accelerated,phased or fast-track scheduling provides a benefit,but also carries with it associated risks. Such risks include the Owner incurring costs for the Architect to coordinate and redesign portions of the Project affected by procuring or installing elements of the Project prior to the completion of all relevant Construction Documents,and costs for the Construction Manager to remove and replace previously installed Work.if the Owner selects accelerated,phased or fast-track scheduling,the Owner agrees to include in the budget for the Project sufficient contingencies to cover such costs. § 5.4 The Owner shall identify a representative authorized to act on the Owner's behalf with respect to the Project.The Owner shall render decisions and approve the Architect's submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. § 5.5 The Owner shall furnish surveys to describe physical characteristics,and legal limitations for the site of the Project. 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. § 5.6 The Owner shall furnish services of geotecbnical 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. § 5.7 The Owner shall provide the Supplemental Services designated as the Owner's responsibility in Section 4.1.1. Init. AIA Document B133'"—2019.Copyright 02014,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 18:42:28 ET on 06/07/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is licensed for one-time use only,a / be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 159 User Notes: (1850 Item#16. § 5.8 If the Owner identified a Sustainable Objective in Article 1,the Owner shall fulfill its responsibilities as required in AIA Document E234Tw-2019,Sustainable Projects Exhibit,Construction Manager as Constructor Edition,attached to this Agreement. § 5.9 The Owner shall coordinate the services of its own consultants with those services provided by the Architect.Upon the Architect's request,the Owner shall furnish copies of the scope of services in the contracts between the Owner and the Owner's consultants.The Owner shall furnish the services of consultants other than those designated as the responsibility of the Architect in this Agreement,or authorize the Architect to furnish them as an Additional Service,when the Architect requests such services and demonstrates that they are reasonably required by the scope of the Project.The Owner shall require that its consultants and contractors maintain insurance,including professional liability insurance,as appropriate to the services or work provided. § 5.10 The Owner shall furnish tests,inspections and reports required by law or the Contract Documents,such as structural,mechanical,and chemical tests,tests for air and water pollution,and tests for hazardous materials. § 5.11 The Owner shall furnish all legal,insurance and accounting services,including auditing services,that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. § 5.12 The Owner shall provide prompt written notice to the Architect and Construction Manager if the Owner becomes aware of any fault or defect in the Project,including errors,omissions or inconsistencies in the Architect's Instruments of Service. § 5.13 The Owner shall include the Architect in all communications with the Construction Manager 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 Construction Manager otherwise relating to the Project. Communications by and with the Architect's consultants shall be through the Architect. § 5.14 The Owner shall coordinate the Architect's duties and responsibilities set forth in the Agreement between the Owner and the Construction Manager with the Architect's services set forth in this Agreement.The Owner shall provide the Architect a copy of the executed agreement between the Owner and Construction Manager,including the General Conditions of the Contract for Construction. § 5.15 The Owner shall provide the Architect access to the Project site prior to commencement of the Work and shall obligate the Construction Manager to provide the Architect access to the Work wherever it is in preparation or progress. § 5.16 Within 15 days after receipt of a written request from the Architect,the Owner shall furnish the requested information as necessary and relevant for the Architect to evaluate,give notice of,or enforce lien rights. ARTICLE 6 COST OF THE WORK § 6.1 For purposes of this Agreement,the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include the Construction Manager's general conditions costs, overhead,and profit.The Cost of the Work also includes the reasonable value of labor,materials,and equipment,donated to,or otherwise furnished by,the Owner.The Cost of the Work does not include the compensation of the Architect;the compensation of the Construction Manager for Preconstruction Phase services;the costs of the land,rights-of-way, financing,or contingencies for changes in the Work;or other costs that are the responsibility of the Owner. § 6.2 The Owner's budget for the Cost of the Work is provided in the Initial Information,and shall be adjusted throughout the Project as required under Sections 5.3 and 6.4.Evaluations of the Owner's budget for the Cost of the Work represent the Architect's judgment as a design professional. § 6.3 The Owner shall require the Construction Manager to include appropriate contingencies for design,bidding or negotiating,price escalation,and market conditions in estimates of the Cost of the Work.The Architect shall be entitled to rely on the accuracy and completeness of estimates of the Cost of the Work the Construction Manager prepares as the Architect progresses with its Basic Services.The Architect shall prepare,as an Additional Service,revisions to the Drawings,Specifications or other documents required due to the Construction Manager's inaccuracies or incompleteness in preparing cost estimates,or due to market conditions the Architect could not reasonably anticipate.The Architect may Init. AIA Document B133'"—2019.Copyright©2014,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 in software at 18:42:28 ET on 06/07/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is licensed for one-time use only,a / be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 160 User Notes: (1 850 Item#16. review the Construction Manager's estimates solely for the Architect's guidance in completion of its services,however, the Architect shall report to the Owner any material inaccuracies and inconsistencies noted during any such review. § 6.3.1 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 Architect and the Construction Manager shall work together to reconcile the cost estimates. § 6.4 If,prior to the conclusion of the Design Development Phase,the Construction Manager's estimate of the Cost of the Work exceeds the Owner's budget for the Cost of the Work,the Architect,in consultation with the Construction Manager, shall make appropriate recommendations to the Owner to adjust the Project's size,quality or budget for the Cost of the Work,and the Owner shall cooperate with the Architect in making such adjustments. § 6.5 If the Construction Manager's estimate of the Cost of the Work at the conclusion of the Design Development Phase exceeds the Owner's budget for the Cost of the Work,the Owner may .1 give written approval of an increase in the budget for the Cost of the Work; .2 intentionally deleted .3 in consultation with the Architect and Construction Manager,revise the Project program,scope,or quality as required to reduce the Cost of the Work;or .4 implement any other mutually acceptable alternative. § 6.6 If the Owner chooses to proceed under Section 6.5.3,the Architect,without additional compensation,shall incorporate the revisions in the Construction Documents Phase as necessary to comply with the Owner's budget for the Cost of the Work at the conclusion of the Design Development Phase Services,or the budget as adjusted under Section 6.5.1.The Architect's revisions in the Construction Documents Phase shall be the limit of the Architect's responsibility under this Article 6. § 6.7 Intentionally Deleted. ARTICLE 7 COPYRIGHTS AND LICENSES § 7.1 The Architect and the Owner warrant that in transmitting Instruments of Service,or any other information,the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use on the Project. § 7.2 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service,including the Drawings and Specifications,and shall retain all common law,statutory and other reserved rights,including copyrights.Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect's consultants. § 7.3 The Architect grants to the Owner a nonexclusive license to use the Architect's Instruments of Service solely and exclusively for purposes of constructing,using,maintaining,altering and adding to the Project,provided that the Owner substantially performs its obligations under this Agreement,including prompt payment of all sums due,pursuant to Article 9 and Article 11.The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement.The license granted under this section permits the Owner to authorize the Construction Manager,Subcontractors,Sub-subcontractors,and suppliers,as well as the Owner's consultants and separate contractors, to reproduce applicable portions of the Instruments of Service,subject to any protocols established pursuant to Section 1.3,solely and exclusively for use in performing services or construction for the Project.If the Architect rightfully terminates this Agreement for cause as provided in Section 9.4,the license granted in this Section 7.3 shall terminate. § 7.3.1 In the event the Owner uses the Instruments of Service without retaining the authors of the Instruments of Service, the Owner releases the Architect and Architect's consultant(s)from all claims and causes of action arising from such uses. The Owner,to the extent permitted by law,further agrees to indemnify and hold harmless the Architect and its consultants from all costs and expenses,including the cost of defense,related to claims and causes of action asserted by any third person or entity to the extent such costs and expenses arise from the Owner's use of the Instruments of Service under this Section 7.3.1.The terms of this Section 7.3.1 shall not apply if the Owner rightfully terminates this Agreement for cause under Section 9.4. Init. AIA Document B133'"—2019.Copyright©2014,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 18:42:28 ET on 06/07/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is licensed for one-time use only,a / be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 161 User Notes: (1850 Item#16. § 7.4 Except for the licenses granted in this Article 7,no other license or right shall be deemed granted or implied under this Agreement.The Owner shall not assign,delegate,sublicense,pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect.Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants. § 7.5 Except as otherwise stated in Section 7.3,the provisions of this Article 7 shall survive the termination of this Agreement. ARTICLE 8 CLAIMS AND DISPUTES § 8.1 General § 8.1.1 The Owner and Architect shall commence all claims and causes of action against the other and arising out of or related to this Agreement,whether in contract,tort,or otherwise,in accordance with the requirements of the binding dispute resolution method selected in this Agreement and within the period specified by applicable law,but in any case not more than 10 years after the date of Substantial Completion of the Work.The Owner and Architect waive all claims and causes of action not commenced in accordance with this Section 8.1.1. § 8.1.2 To the extent damages are covered by property insurance,the Owner and Architect waive all rights against each other and against the contractors,consultants,agents and employees of the other for damages,except such rights as they may have to the proceeds of such insurance as set forth in AIA Document A201-2017,General Conditions of the Contract for Construction.The Owner or the Architect,as appropriate,shall require of the Construction Manager,contractors, consultants,agents and employees of any of them,similar waivers in favor of the other parties enumerated herein. § 8.1.3 The Architect shall indemnify and hold the Owner and the Owner's officers and employees harmless from and against damages,losses and judgments arising from claims by third parties,including reasonable attorneys' fees and expenses recoverable under applicable law,but only to the extent they are caused by the negligent acts or omissions of the Architect,its employees and its consultants in the performance of professional services under this Agreement.The Architect's obligation to indemnify and hold the Owner and the Owner's officers and employees harmless does not include a duty to defend.The Architect's duty to indemnify the Owner under this Section 8.1.3 shall be limited to the available proceeds of the insurance coverage required by this Agreement. § 8.1.4 The Architect and Owner waive consequential damages for claims,disputes,or other matters in question arising out of or relating to this Agreement.This mutual waiver is applicable,without limitation,to all consequential damages due to either parry's termination of this Agreement,except as specifically provided in Section 9.7. § 8.2 Mediation § 8.2.1 Any claim,dispute,or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to binding dispute resolution.If such matter relates to or is the subject of a lien arising out of the Architect's services,the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by binding dispute resolution. § 8.2.2 The Owner and Architect shall endeavor to resolve claims,disputes and other matters in question between them by mediation,which,unless the parties mutually agree otherwise,shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of this Agreement.A request for mediation shall be made in writing,delivered to the other party to this Agreement,and filed with the person or entity administering the mediation.The request may be made concurrently with the filing of a complaint or other appropriate demand for binding dispute resolution but,in such event,mediation shall proceed in advance of binding dispute resolution proceedings,which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order.If an arbitration proceeding is stayed pursuant to this section,the parties may nonetheless proceed to the selection of the arbitrator(s)and agree upon a schedule for later proceedings. § 8.2.3 The parties shall share the mediator's fee and any filing fees equally.The mediation shall be held in the place where the Project is located,unless another location is mutually agreed upon.Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. § 8.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 8.2,the method of binding dispute resolution shall be the following: Init. AIA Document B133'"—2019.Copyright©2014,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 42 software at 18:42:28 ET on 06/07/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is licensed for one-time use only,a / be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 162 User Notes: (1 850 Item#16. (Check the appropriate box.) [ ] Arbitration pursuant to Section 8.3 of this Agreement [X] Litigation in a court of competent jurisdiction [ ] Other: (Spec) If the Owner and Architect 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,the dispute will be resolved in a court of competent jurisdiction. (Paragraphs deleted) § 8.3 Intentionally Deleted ARTICLE 9 TERMINATION OR SUSPENSION § 9.1 If the Owner fails to make payments to the Architect in accordance with this Agreement,such failure shall be considered substantial nonperformance and cause for termination or,at the Architect's option,cause for suspension of performance of services under this Agreement.If the Architect elects to suspend services,the Architect shall give seven days'written notice to the Owner before suspending services.In the event of a suspension of services,the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services.Before resuming services,the Owner shall pay the Architect all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's services.The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 9.2 If the Owner suspends the Project,the Architect shall be compensated for services performed prior to notice of such suspension.When the Project is resumed,the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect's services.The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 9.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Architect, the Architect may terminate this Agreement by giving not less than seven days'written notice. § 9.4 Either party may terminate this Agreement upon not less than seven days'written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. § 9.5 The Owner may terminate this Agreement upon not less than seven days'written notice to the Architect for the Owner's convenience and without cause. § 9.6 If the Owner terminates this Agreement for its convenience pursuant to Section 9.5,or the Architect terminates this Agreement pursuant to Section 9.3,the Owner shall compensate the Architect for services performed prior to termination, Reimbursable Expenses incurred,and costs attributable to termination,including the costs attributable to the Architect's termination of consultant agreements. § 9.7 (Paragraphs deleted) Intentionally Deleted § 9.8 Intentionally Deleted § 9.9 The Owner's rights to use the Architect's Instruments of Service in the event of a termination of this Agreement are set forth in Article 7 and Section 9.7. Init. AIA Document B133'"—2019.Copyright©2014,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 18:42:28 ET on 06/07/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is licensed for one-time use only,a / be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 163 User Notes: (1850 Item#16. ARTICLE 10 MISCELLANEOUS PROVISIONS § 10.1 This Agreement shall be governed by the law of the place where the Project is located,excluding that jurisdiction's choice of law rules.If the parties have selected arbitration as the method of binding dispute resolution,the Federal Arbitration Act shall govern Section 8.3. § 10.2 Terms in this Agreement shall have the same meaning as those in AIA Document A201-2017,General Conditions of the Contract for Construction,except as modified in this Agreement.The term"Contractor"as used in A201-2017 shall mean the Construction Manager. § 10.3 The Owner and Architect,respectively,bind themselves,their agents,successors,assigns,and legal representatives to this Agreement.Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other,except that the Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner's rights and obligations under this Agreement,including any payments due to the Architect by the Owner prior to the assignment. § 10.4 If the Owner requests the Architect to execute certificates,the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution.If the Owner requests the Architect to execute consents reasonably required to facilitate assignment to a lender,the Architect shall execute all such consents that are consistent with this Agreement,provided the proposed consent is submitted to the Architect for review at least 14 days prior to execution.The Architect shall not be required to execute certificates or consents that would require knowledge,services,or responsibilities beyond the scope of this Agreement. § 10.5 Nothing contained in this Agreement shall create a contractual relationship with,or a cause of action in favor of,a third party against either the Owner or Architect. § 10.6 Unless otherwise required in this Agreement,the Architect shall have no responsibility for the discovery,presence, handling,removal or disposal of,or exposure of persons to,hazardous materials or toxic substances in any form at the Project site. § 10.7 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials.The Architect shall be given reasonable access to the completed Project to make such representations.However,the Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary.The Owner shall provide professional credit for the Architect in the Owner's promotional materials for the Project.This Section 10.7 shall survive the termination of this Agreement unless the Owner terminates this Agreement for cause pursuant to Section 9.4. § 10.8 If the Architect or Owner receives information specifically designated as"confidential"or"business proprietary," the receiving party shall keep such information strictly confidential and shall not disclose it to any other person except as set forth in Section 10.8.1.This Section 10.8 shall survive the termination of this Agreement. § 10.8.1 The receiving party may disclose"confidential"or"business proprietary"information after 7 days'notice to the other parry,when required by law,arbitrator's order,or court order,including a subpoena or other form of compulsory legal process issued by a court or governmental entity,or to the extent such information is reasonably necessary for the receiving party to defend itself in any dispute.The receiving party may also disclose such information to its employees, consultants,or contractors in order to perform services or work solely and exclusively for the Project,provided those employees,consultants and contractors are subject to the restrictions on the disclosure and use of such information as set forth in this Section 10.8. § 10.9 The invalidity of any provision of the Agreement shall not invalidate the Agreement or its remaining provisions.If it is determined that any provision of the Agreement 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 Agreement shall be construed,to the fullest extent permitted by law,to give effect to the parties'intentions and purposes in executing the Agreement. ARTICLE 11 COMPENSATION § 11.1 For the Architect's Basic Services described under Article 3,the Owner shall compensate the Architect as follows: Init. AIA Document B133'"—2019.Copyright©2014,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 18:42:28 ET on 06/07/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is licensed for one-time use only,a / be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 164 User Notes: (1850 Item#16. 1. Stipulated Sum Design Development-Bidding Support:Two Hundred Fifty-eight Thousand Eight Hundred Twenty-five Dollars ($258,825.00) 2. Time&Expense to a Maximum Construction Administration:One Hundred Forty-five Thousand One Hundred Fifty Dollars($145,150.00) 3. Reimbursable Expenses Time and Expense at architects'cost to a Maximum of Twenty Thousand Dollars($20,000.00). Any request for reimbursement must be substantiated by a receipt. § 11.2 For the Architect's Supplemental Services designated in Section 4.1.1 and for any Sustainability Services required pursuant to Section 4.1.3,the Owner shall compensate the Architect as follows: (Insert amount of, or basis for, compensation. If necessary, list specific services to which particular methods of compensation apply.) Included in Architect's Basic Services fee listed above § 11.3 For Additional Services that may arise during the course of the Project,including those under Section 4.2,the Owner shall compensate the Architect as follows: To be negotiated prior to the performance of Additional Services. § 11.4 Compensation for Supplemental and Additional Services of the Architect's consultants when not included in Sections 11.2 or 11.3,shall be the amount invoiced to the Architect plus percent( %),or as follows: Not applicable. § 11.5 When compensation for Basic Services is based on a stipulated sum or a percentage basis,the proportion of compensation for each phase of services shall be as follows: Design Development Phase Thirty-five percent ( 35%) Construction Documents Phase Fifty-five percent ( 55%) Bidding Support Ten percent ( 10%) Total Basic Compensation One Hundred percent ( 100%) Design—Bidding Support The Owner acknowledges that with an accelerated Project delivery,multiple bid package process,or Construction Manager as constructor project delivery method,the Architect may be providing its services in multiple Phases simultaneously.Therefore,the Architect shall be permitted to invoice monthly in proportion to services performed in each Phase of Services,as appropriate. § 11.6 When compensation identified in Section 11.1 is on a percentage basis,progress payments for each phase of Basic Services shall be calculated by multiplying the percentages identified in this Article by the Owner's most recent budget for the Cost of the Work.Compensation paid in previous progress payments shall not be adjusted based on subsequent updates to the Owner's budget for the Cost of the Work. § 11.6.1 When compensation is on a percentage basis and any portions of the Project are deleted or otherwise not constructed,compensation for those portions of the Project shall be payable to the extent services are performed on those portions.The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. § 11.7 The hourly billing rates for services of the Architect and the Architect's consultants are set forth below.The rates shall be adjusted in accordance with the Architect's and Architect's consultants'normal review practices. (If'applicable, attach an exhibit of'hourly billing rates or insert them below) Init. AIA Document B133'"—2019.Copyright©2014,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 134 software at 18:42:28 ET on 06/07/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is licensed for one-time use only,a / be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 165 User Notes: (1850 Item#16. As described in Exhibit A § 11.8 Compensation for Reimbursable Expenses § 11.8.1 Reimbursable Expenses are in addition to compensation for Basic,Supplemental,and Additional Services and include expenses incurred by the Architect and the Architect's consultants directly related to the Project,as follows: .1 Pre-Authorized out-of-town travel and subsistence per GSA allowance .2 Long distance services,dedicated data and communication services,teleconferences,Project web sites, and extranets; .3 Permitting and other fees required by authorities having jurisdiction over the Project; .4 Printing,reproductions,plots,and standard form documents; .5 Postage,handling,and delivery; .6 Deleted .7 Renderings,physical models,mock-ups,professional photography,and presentation materials requested by the Owner or required for the Project; .8 Deleted .9 All taxes levied on professional services and on reimbursable expenses; .10 Deleted. .11 Deleted. .12 Deleted. (Paragraph deleted) § 11.9 Deleted § 11.10 Payments to the Architect § 11.10.1 Initial Payments § 11.10.1.1 An initial payment of zero dollars($0.00)shall be made upon execution of this Agreement and is the minimum payment under this Agreement.It shall be credited to the Owner's account in the final invoice. § 11.10.1.2 Deleted § 11.10.2 Progress Payments § 11.10.2.1 Unless otherwise agreed,payments for services shall be made monthly in proportion to services performed. Payments are due and payable net 30 from the Owner's receipt of a correct invoice. (Insert rate of monthly or annual interest agreed upon) Zero percentage(0%) § 11.10.2.2 The Owner shall not withhold amounts from the Architect's compensation to impose a penalty or liquidated damages on the Architect,or to offset sums requested by or paid to contractors for the cost of changes in the Work,unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding. § 11.10.2.3 Records of Reimbursable Expenses,expenses pertaining to Supplemental and Additional Services,and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. ARTICLE 12 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Agreement are as follows: (Include other terms and conditions applicable to this Agreement.) Init. AIA Document B133'"—2019.Copyright©2014,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 18:42:28 ET on 06/07/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is licensed for one-time use only,a / be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 166 User Notes: (1850 Item#16. Limitation of Liability Rice Fergus Miller's total liability to the Owner for any and all injuries,claims,losses,expenses, damages or claims expenses arising out of this agreement from any cause or causes,shall not exceed the total available amount of Rice Fergus Miller's Professional Liability insurance policy(Rice Fergus Miller's current available amount of Professional Liability Insurance is the full policy of$5,000,000). ARTICLE 13 SCOPE OF THE AGREEMENT § 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations,representations or agreements,either written or oral.This Agreement may be amended only by written instrument signed by both the Owner and Architect. § 13.2 This Agreement is comprised of the following documents identified below: .1 AIA Document B133TW-2019,Standard Form Agreement Between Owner and Architect,Construction Manager as Constructor Edition (Paragraphs deleted) .3 Exhibits: Exhibit A-Rice Fergus Miller 2021 Hourly Billing Rates This Agreement entered into as of the day and year first written above. OWNER(Signature)Robert E. SimlSon, Mayor ARCHITEC ignature) City of Meridian,and Idaho Municipal Corporation David A.Fergus,Principal (Printed name and title) 6-29-2021 (Printed name, title, and license number, if required) Init. AIA Document B133'"—2019.Copyright©2014,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 18:42:28 ET on 06/07/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is licensed for one-time use only,a / be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 167 User Notes: (1850 Item#16. Additions and Deletions Report for AIA®Document 8133TM - 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 18:42:28 ET on 06/07/2021. PAGE AGREEMENT made as of the Seventh day of June in the year Two Thousand Twen .-one City of Meridian,and Idaho Municipal Corporation c/o Meridian Finance Department 33 E.Broadway Avenue Meridian,Idaho 86342 Rice Fergus Miller,Inc. 275 5th Street,Suite 100 Bremerton,WA 98337 Telephone Number: 360-377-8773 Meridian NW Police Station Design—Construction Administration RFM Project Number: 2020038.04 Engineered Structures,Inc.(ESI Construction) 3330 E.Lousie Drive,Suite 300 Meridian,Idaho 83642 Telephone Number(208)362-3040 PAGE 2 The NW police station will be a proto=e building with the following major features.The building shall contain assigned offices,an open patrol room with adjoining conference room,records storage,breakroom,men's and women's locker rooms with a common fitness room,both hard and soft interview rooms,armory,evidence,intake and one(1)sally port. For more detail refer to the facility ylanning workshop notes from November 2020.The site includes approximately 4 acres of development included a Meridian Fire station to be constructed at a similar time. As outlined in Rice Fergus Miller/Pivot North Architecture's Meridian Police Department Facility Planning Workshop document,dated November 13,2020. Additions and Deletions Report for AIA Document B133'—2019.Copyright©2014,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 18:42:28 ET on 06/07/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is 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 Page 168 copyright@aia.org. User Notes: (1850 Item#16. $403,975.00 PAGE 3 12/15/2021 TBD TBD NA [Xj AIA Document A133-2019,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. None identified at this time. None. Stacy Redman Facilities Project Manager City of Meridian,Public Works Department 33 E.Broadway Avenue Meridian,Idaho 83642 sredman(&meridiancit y�org (Office Phone)208-489-0374 (Cell Phone)208-985-4234 (Fax)208-898-9551 PAGE 4 Not applicable. Engineered Structures,Inc. Not by Owner,included in services of Architect. By owner,Atlas Geotecbnical Services Additions and Deletions Report for AIA Document 13133'—2019.Copyright©2014,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 18:42:28 ET on 06/07/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,a-mail page 169 copyright@aia.org. User Notes: (1850 Item#16. Not by Owner:included in services of Architect. None identified at this time. Gunnar R.Gladics,Project Manager gg1adics(d,)rfinarch.com phone:360.377.8773 Rice Ferps Miller,Inc. 275 5th St.4100 Bremerton,WA 98337 KPFF Judsen Williams SE Principal Engineer Judsen.williams&kpff.com Phone: 208.336.6985 412 E. Parkcenter Blvd. Suite 200 Boise,ID 83706 PAGE 5 Cator Ruma Brittany Austin Project Engineer baustin(&caton uma.com Phone:208.343.3663 420 S.Orchard Street Boise,ID 83705 Cator Ruma Kyle Olsen PE Project Engineer kolsen(d,catorruma.com Phone:208.343.3663 420 S.Orchard Street Boise,ID 83705 .4 Associate Architect: Pivot North Architecture Clint Sievers AIA,Project Architect clint(&pivotnorthdesing com Phone:208.690.3108 1101 West Grove St. Boise,ID 83702 .5 Civil Engineer(,included in Architect's Basic Services fee): Eric Cronin PE,Project Engineer Additions and Deletions Report for AIA Document B133'—2019.Copyright©2014,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 18:42:28 ET on 06/07/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is 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 page 170 copyright@aia.org. User Notes: (1850 Item#16. eri c(&thelandgroupinc.com Phone:208.939.4041 462 E Shore Dr.#100 Eagle,ID 83616 .6 Landscape Architecture(included in Architect's Basic Services feet Bob Schafer,Landscape Architect boWthelandgroupinc.com Phone: 208.939.4041 462 E Shore Dr.#100 Eagle,ID 83616 .7 IT Design(included in Architect's Basic Services feed Kyle Olsen PE,Project Engineer kolsenkcaton uma.com Phone:208.343.3663 420 S.Orchard Street Boise,ID 83705 PAGE 6 § 1.2 The Owner and Architect may rely on the Initial Information.Both parties,however,recognize that the Initial Information may materially change and,in that event,the Owner and the Architect shall appropriately adjust the Architect's services,schedule for the Architect's services,and the Architect's eempensation.The Owner-shalm!adjust the OA%er-'s budget for-the Cast of the Wer-k and the Owner-'s anfieipated design and eanstnaefien milestones,as .compensation(if required) § 1.3 The parties shall agree upon protocols governing the transmission and use of Instruments of Service or any other information or documentation in digital form.he pa44ies��'�„1l use 4 L^ Deew=eRt E203TM 2012 Building development,144ma4ion Wdeling and Digital Data Exhibit,to establish the pr-oteeals fieff the, use,tFexeliange of digital data. § 1.3.1 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,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. § 2.6.1 Commercial General Liability with policy limits of not less than Two Million Dollars($2,000,000.00.)for each occurrence and Two Million Dollars($2,000,000.00.) in the aggregate for bodily injury and property damage. § 2.6.2 Automobile Liability covering vehicles owned,and non-owned vehicles used,by the Architect with policy limits of not less than( }One Million Dollars($1,000,000.00)per accident for bodily injury,death of any person, and property damage arising out of the ownership,maintenance and use of those motor vehicles,along with any other statutorily required automobile coverage. § 2.6.5 'Liability with pehey hinits fiet less than ($ )eaeh aeeidefft, (S )eaeh effiplayee,a-ad ($ pahey Deleted. § 2.6.6 Professional Liability covering negligent acts,errors and omissions in the performance of professional services,with policy limits of not less than($hex c $ Five Million Dollars($5,000,000.00)per claim and Five Million Dollars($5,000,000.00)_in the aggregate. PAGE 7 Additions and Deletions Report for AIA Document 13133'—2019.Copyright©2014,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 18:42:28 ET on 06/07/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is 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 Page 171 copyright@aia.org. User Notes: (185023) Item#16. § 2.6.7 Additional Insured Obligations.T^tho fidlw#extent pefmi#ed by!a--A,,the The Architect shall cause the primary and excess or umbrella polices for Commercial General Liability and Automobile Liability to include the Owner as an additional ' .insured.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. § 3.1.9 Concept Design and Entitlement Support PROVIDED UNDER SEPARATE CONTRACT §3.2 Review of the Construction Manager's Guaranteed Maximum Price Proposal or Control Estimate—NOT INCLUDED IN CONTRACT OR FEE PAGE 8 §3.3 Schematic Design Phase cer"i,.es § 3.3 Schematic Design Phase Services—PROVIDED UNDER SEPARATE CONTRACT PAGE 10 § 3.6.2.4 Interpretations and decisions of the Architect shall be consistent with the intent of,and reasonably inferable from,the Contract Documents and shall be in writing or in the form of drawings.When making such interpretations and decisions,the Architect shall endeavor to secure faithful performance by both Owner and Construction Manager, shall not show partiality to either,and shall not be liable for results of interpretations or decisions rendered in good faith.The Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents subject to written approval of the Owner. PAGE 11 § 3.6.5.1 T4tt-Subj ect to Owner's approval,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.Subject to Section 4.2,the Architect shall prepare Change Orders and Construction Change Directives for the Owner's approval and execution in accordance with the Contract Documents. PAGE 12 § 3.6.6 Protect Completion—NOT INCLUDED IN CONTRACT OR FEE PAGE 13 Additions and Deletions Report for AIA Document B133'—2019.Copyright©2014,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 18:42:28 ET on 06/07/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is 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 Page 172 copyright@aia.org. User Notes: (1850 Item#16. 4.1.1.1 Assistance with Selection of Construction Manager Not Provided 4.1.1.2 Programming Provided under previous contract 4.1.1.3 Multiple Preliminary Designs Not Provided 4.1.1.4 Measured drawings Not Provided 4.1.1.5 Existing facilities surveys Not Provided 4.1.1.6 Site evaluation and planning Provided under previous contract 4.1.1.7 Building Information Model management responsibilities Not Provided § 4.1.1.8 Development of Building Information Models for post Not Provided construction use 4.1.1.9 Civil engineering Architect under Basic Services 4.1.1.10 Landscape design Architect under Basic Services 4.1.1.11 Architectural interior design Architect under Basic Services 4.1.1.12 Value analysis Not Provided 4.1.1.13 Cost estimating Not Provided 4.1.1.14 On-site project representation Not Provided 4.1.1.15 Conformed documents for construction Not Provided 4.1.1.16 As-designed record drawings Not Provided 4.1.1.17 As-constructed record drawings Not Provided 4.1.1.18 Post-occupancy evaluation Not Provided 4.1.1.19 Facility support services Not Provided 4.1.1.20 Tenant-related services Not Provided 4.1.1.21 Architect's coordination of the Owner's consultants Not Provided § 4.1.1.22 Alerting and emergency response systems,including Not Provided antennas and audio equipment § 4.1.1.23 Security evaluation and planning Not Provided § 4.1.1.24 Commissioning Not Provided 4.1.1.25 Sustainable Project Services pursuant to Section 4.1.3 Not Provided 4.1.1.26 Historic preservation Not Provided 4.1.1.27 Furniture,furnishings,and equipment design Not Provided 4.1.1.28 Other services provided by specialty Consultants Not Provided 4.1.1.29 Other Supplemental Services Not Provided § 4.1.1.30 Entitlements Provided under previous contract 4.1.1.31 Fire Station Traffic Si nalization Desi n Not Provided § 4.1.1.32 IT and Data Dcsign Architect under Basic Services § 4.1.2.1 A description of each Supplemental Service identified in Section 4.1.1 as the Architect's responsibility is provided below. ineluwed as an`„t ibit to dese-ibe the A -ehiteet', c..pple. a ffta Seryicee )in. None Additions and Deletions Report for AIA Document 13133'—2019.Copyright©2014,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 18:42:28 ET on 06/07/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is 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 Page 173 copyright@aia.org. User Notes: (1850 Item#16. None § 4.1.3 ,the Mehiteet shall provide, , as provided in Seetion ".'.Intentionally_ Deleted. PAGE 14 § 4.2.2 To a-void delay in the,Cm-R-st-metion Phase,the A&ehiteet sha4l provide the fbilowing Additional gen,iees,fletify the 0,A%er- *' . . pr-emptness,and explain the faets and eir-eumstaftees gi'Aag rise te the need.if-,Upon by the , .2 Responding to the Constfuetion Manager-'s requests for-infafmation that are not prepared in aeeerdafiee .a, tat i ei=viee; 4 F;'Aluting an extensive numbef of Claims as the Ifimit-ial Deeis' ft Maker-; Intentionally Deleted. .1 Two ( L)reviews of each Shop Drawing,Product Data item,sample and similar submittals of the Construction Manager .2 Thirty Two ( 2L)visits to the site by the Architect during construction .3 Two ( L)inspections for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents .4 Two ( L)inspections for any portion of the Work to determine final completion PAGE 15 § 4.2.5 H-Subject to the Owner's prior approval,the services covered by this Agreement have not been completed within(—}twelve(N months of the date of this Agreement,through no fault of the Architect,extension of the Architect's services beyond that time&hall-mav be compensated as Additional Services. § 5.5 The Owner shall furnish surveys to describe physical characteristics,legal lim4afiens and tAility laeations for-the .and legal limitations for the site of the Project.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. PAGE 17 Additions and Deletions Report for AIA Document B133'—2019.Copyright©2014,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 18:42:28 ET on 06/07/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is 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 Page 174 copyright@aia.org. User Notes: (1850623) Item#16. § 6.5 If the Construction Manager's estimate of the Cost of the Work at the conclusion of the Design Development Phase exceeds the Owner's budget for the Cost of the Work,the Owner 4,,a# ay .2 te... inane in a da- ee .,it>, Seetien 9.5;intentionally deleted § 6.7 subsequent east estimates,the Qaafan4eed Mffldmum Pr-iee proposal,or-Cai#fel Estimate tha4 exeeed the Owfier-'s systems,E)F the kinds a-ad"ality of materials,finishes or- Intentionally Deleted. PAGE 19 [X Litigation in a court of competent jurisdiction § Si 4 Arhitre#inn elaim,dispiate oi:other-matter-in questien ar4s*out of or-related te this Agr-eefnent subjeet to,but not r-eselved§ 8.3.1 if the par-ties have seleeted afbit-Fation as the methed fer-binding dispwe r-eseletien in this Agr-eement, Hily medimian shall be subjeet to shall be administer-ed-b-y > > > date of d3mis AgFeement.A demand for-ar-bitfation shall be Made,in 10,witiag,d0iver-ed to the ethef-party to this Agreement,and-filed, 4th the per-sonor-entity administering the ar-bit.•.,t:§ 8.3.1.1 A d-teman d-fiff-ar-h-i#-ati R-n-sha I I h-e,ma de n R- ewid i er-t-han e-A-n eui*eatly with the fi ling of a request for-mediati..., , eenstitute the institution of legal or-equitable preeeedings based an the elaim,dispute or-other-ma4ter-in quest § 8.3.2 The foregoing agreement te afbitfate,and other-agr-eements te ar-bitfa4e with an additienal per-seia or-enfity d* § 8.3.3 The award rendeFed by the ar-bitfatar-(s)shall be�PRal,andjudggment may be entered upon it in aeewdaneew applicable- Imo,.,; ,.-r having ,-isdi.+ion thereof-. . > pefmits > e a-ad(3)the afbitr-atians employ materially sifailaf pr-aeedtwal fules and methods for-seleeting af-bitrater-(s). . >at its sole diseretion, e deser-ibed in the,.Fitte eensefA-. Additions and Deletions Report for AIA Document B133'—2019.Copyright©2014,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 18:42:28 ET on 06/07/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,a-mail Page 175 copyright@aia.org. User Notes: (1850 Item#16. § 8.4 The provisions of this Ai4iele 9 shall supxive the tefmination of this Agreement. § 8.3 Intentionally Deleted § 9.7 in addition to any afneunts paid undef Seetion 9.6, pufsuant to Seetion 9.5,or-thiQ.,A-rvh4Pr#kafmina4es this Agreement pur-suan, i R- Steedon 9.3,the Owner-shall pay to the fi,...,..;, r i Teminatien Fee! Intentionally Deleted § 9.8 Substantial Camp! Intentionally Deleted PAGE 21 4-1. Stipulated Sum "ser4 amoun''Design Development-Bidding Support: Two Hundred Fifty-eight Thousand Eight Hundred Twenty-five Dollars($258,825.00) 2. Time&Expense to a Maximum Construction Administration:One Hundred Forty-five Thousand One Hundred Fifty Dollars($145,150.00) i gereentage Basis ,_'.seep __._ ge:w'w;3. Reimbursable Expenses oefthe Owner-'s 3 Othef Time and Expense at architects'cost to a Maximum of Twenty Thousand Dollars($20,000.00,). Anyreguest for reimbursement must be substantiated by a receipt. Included in Architect's Basic Services fee listed above To be negotiated prior to the peif'ormance of Additional Services. > > serxiees.) Not applicable. Additions and Deletions Report for AIA Document B133'—2019.Copyright©2014,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 18:42:28 ET on 06/07/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is 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 page 176 copyright@aia.org. User Notes: (1850 Item#16. ! enst,•,,e fie«Phase peg Design Development Phase Thirty-five verce 25 �7 Construction Documents Phase Fifty-five vercent t 55% Bidding Support Ten percent 10% Total Basic Compensation One Hundred percent 100%1 Design—Bidding Support PAGE 22 As described in Exhibit A Employee or Category Rate($0.00) .1 Pre-Authorized out-of-town travel and subsistence per GSA allowance .6 if atAef-ized in advanee by thee Qi"e1•;Deleted .8 , additional insufanee eavefage of-limits in exeess of that aeffaaUy maintained by the Arehiteet's- Deleted .10 Site_Ffi_o penses•Deleted. 'f r----="o .11 Regisb:afien fees and aff ather-fees ehaf-ged by the Geffifykig ARther-ity ar-by ether-entities as eleted. .12 .Deleted. rAcrehitest's eansWia„ts plus=pefsent'�f the expenses incurred. § 11.9 Arr-hetpnt's Ins, ranGS.ifthe types and limits of eavefage fequifed in Seedon 2 6 ave in Addition to the types and A rc-,hito,.t F,•tho.,,i,t;t;.,«.,1 ,.over-ages as mot f«th hol.,,:,• Deleted Additions and Deletions Report for AIA Document B133'—2019.Copyright©2014,and 2019 by The American Institute of Architects.All rights reserved.The "American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 18:42:28 ET on 06/07/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail Page 177 copyright@aia.org. User Notes: (1850 Item#16. § 11.10.1.1 An initial payment of{$—}zero dollars($0.00)shall be made upon execution of this Agreement and is the minimum payment under this Agreement.It shall be credited to the Owner's account in the final invoice. § 11.10.1.2 ,an initial Payffief4 to the A vehiteet of ShAbe made upon exermition of this Agreement f6FFegis#a6E)a fees a—ad-othew-&-t-As payable to the Gergfyin Auther-ity shall be er-edited te the Ov,%er-'s aeeettnt at the time the expense is .Deleted § 11.10.2.1 Unless otherwise agreed,payments for services shall be made monthly in proportion to services performed.Payments are due and payable sentation A-k#e A rvahiteet's invoiee s unpaid ffifti-w- the,invoie,65 d-ahe ish-All h_e,_Ar_-intiffemst at th-ge;Fats- ten-te-n-Add below,or in the ahb.,st-An6spe t—ho-y-teefat the legal rate pr-evailia -4-A- ,tim-y-to time.,t the principal,.lace- fbusiness of the A e ;te,.+,net 30 from the Owner's receipt of a correct invoice. Zero percentage (0%) PAGE 23 Limitation of Liability Rice Fergus Miller's total liability to the Owner for any and all injuries,claims,losses, expenses,damages or claims expenses arising out of this agreement from any cause or causes,shall not exceed the total available amount of Rice Fergus Miller's Professional Liability insurance policy(Rice Fergus Miller's current available amount of Professional Liability Insurance is the full policy of$5,000,000). A-1 A-Doetifneat E2031M 2013,Building infefma4ion Modeling and Digital D4a Exhibit,dat ir,s r4tc date of the z Ana 2013i t ai +,,t this agr-eememt.4 >Sustainable Prejeets E344bit, Genstnaetieff Manager-as f aast,.,,etar-Edition dated a indieated below � 0—ta2f d_eeumeats.: Exhibit A-Rice Fergus Miller 2021 Hourly Billing Rates City of Meridian,and Idaho Municipal Corporation David A.Fergus,Principal Additions and Deletions Report for AIA Document B133'—2019.Copyright©2014,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 18:42:28 ET on 06/07/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is 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 page 178 copyright@aia.org. User Notes: (1850 Item#16. Certification of Document's Authenticity AIA° Document D401 TM — 2003 1, ,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 18:42:28 ET on 06/07/2021 under Order No. 7610209206 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA®Document B 133TM—2019,Standard Form of Agreement Between Owner and Architect, Construction Manager as Constructor Edition,as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. (Signed) (Title) (Dated) AIA Document D401'TM—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 18:42:28 ET on 06/07/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is licensed for one-time use only,a be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 179 User Notes: (1850 Item#16. eYgumILLER ARCHITECTURE INTERIORS PLANNING VIZLAB 275 Fifth Street,Suite 100 Bremerton,WA 98337 Phone: (360)377-8773 rfmarch.com 2021 Hourly Billing Rates Date of Proposal: June 7, 2021 Project: Meridian NW Police Station Design - Construction Administration Project No.: 2020038.04 The hourly billing rates shall be annually adjusted in accordance with normal salary review practices of Rice Fergus Miller. Principal in Charge: $ 275.00 Senior Planner: $ 175.00 - $ 275.00 Project Manager: $ 130.00 - $ 190.00 Project Architect: $ 120.00 - $ 190.00 Staff Architect: $ 125.00 - $ 160.00 Project Designer: $ 115.00 - $ 190.00 Staff Designer: $ 115.00 - $ 155.00 Interior Designer: $ 90.00 - $ 160.00 Technical Designer: $ 95.00 - $ 155.00 Production Support: $ 85.00 - $ 155.00 Graphics Visualization: $ 115.00 - $ 125.00 Project Coordinator: $ 80.00 - $ 120.00 Administrative Support Staff: $ 80.00 - $ 120.00 Page 180 Item#17. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: AIA B133 Agreement with Rice Fergus Miller for the Final Design and Construction Administration for the South Fire Station in the Not-To-Exceed Amount of $528,971.00 Page 181 Item#17. C� fIEN , IN4, IDAHG-. MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Keith Watts, Procurement Division Meeting Date: June 15, 2021 Presenter: Consent/ Kris Blume Estimated Time: N/A Topic: Approval of AIA B133 Agreement with Rice Fergus Miller for the Final Design and Construction Administration for the South Fire Station in the Not-To-Exceed amount of$528,971.00 Recommended Council Action: Approval of Agreement and authorize the Procurement Manager to execute agreement and issue a PO for$528,971.00 Background: This agreement is issued as an associated project to Fire Station 6 design per Idaho Statute 67- 2320(4) Page 182 Item#17. AIA Document B133" - 2019 Standard Form of Agreement Between Owner and Architect, Construction Manager as Constructor Edition AGREEMENT made as of the Twenty-seven day of May in the year Two Thousand Twenty-one ADDITIONS AND DELETIONS: (In words, indicate day, month and year.) The author of this document has added information needed for its BETWEEN the Architect's client identified as the Owner: completion.The author may also (Name, legal status, address, and other information) have revised the text of the original AIA standard form.An Additions and City of Meridian,and Idaho Municipal Corporation Deletions Report that notes added c/o Meridian Finance Department information as well as revisions to the 33 E.Broadway Avenue standard form text is available from Meridian,Idaho 86342 the author and should be reviewed.A vertical line in the left margin of this and the Architect: document indicates where the author (Name, legal status, address, and other information) has added necessary information and where the author has added to or Rice Fergus Miller,Inc. deleted from the original AIA text. 275 51h Street,Suite 100 This document has important legal Bremerton,WA 98337 consequences.Consultation with an Telephone Number: 360-377-8773 attorney is encouraged with respect to its completion or modification. for the following Project: This document is intended to be used (Name, location, and detailed description) in conjunction with AIA Documents A201-2017'rm,General Conditions of Meridian South Fire Station Design-Construction Administration the Contract for Construction; RFM Project Number: 2020038.06 A133-2019Tm Standard Form of The Construction Manager(if known): Agreement Between Owner and (Name, legal status, address, and other information) Construction Manager as Constructor where the basis of Engineered Structures,Inc.(ESI Construction) payment is the Cost of the Work Plus 3330 E.Lousie Drive,Suite 300 a Fee with a Guaranteed Maximum Meridian,Idaho 83642 Price;and All 34-2019TM Standard Telephone Number(208)362-3040 Form of Agreement Between Owner and Construction Manager as The Owner and Architect agree as follows. Constructor where the basis of payment is the Cost of the Work Plus a Fee without a Guaranteed Maximum Price.AIA Document A201 TM-2017 is adopted in this document by reference.Do not use with other general conditions unless this document is modified. Init. AIA Document B133'"-2019.Copyright©2014,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 18:21:39 ET on 06/03/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is licensed for one-time use only,a / be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 183 User Notes: (1885 Item#17. TABLE OF ARTICLES 1 INITIAL INFORMATION 2 ARCHITECT'S RESPONSIBILITIES 3 SCOPE OF ARCHITECT'S BASIC SERVICES 4 SUPPLEMENTAL AND ADDITIONAL SERVICES 5 OWNER'S RESPONSIBILITIES 6 COST OF THE WORK 7 COPYRIGHTS AND LICENSES 8 CLAIMS AND DISPUTES 9 TERMINATION OR SUSPENSION 10 MISCELLANEOUS PROVISIONS 11 COMPENSATION 12 SPECIAL TERMS AND CONDITIONS 13 SCOPE OF THE AGREEMENT ARTICLE 1 INITIAL INFORMATION § 1.1 This Agreement is based on the Initial Information set forth in this Section 1.1. (For each item in this section, insert the information or a statement such as "not applicable"or "unknown at time of execution.') § 1.1.1 The Owner's program for the Project: (Insert the Owner's program, identify documentation that establishes the Owner's program,or state the manner in which the program will be developed.) The South fire station shall be based on the Meridian Fire Station#6 prototype building with the following major features.The building shall have three(3)drive through apparatus bays and six(6)sleep rooms along with accompanying living,work,and support areas.For more detail refer to the facility planning workshop notes from November 2020.The site includes approximately 4 acres of development included a Meridian Police substation to be constructed at a future date. § 1.1.2 The Project's physical characteristics: (Identify or describe pertinent information about the Project's physical characteristics, such as size;location; dimensions;geotechnical reports;site boundaries;topographic surveys;traffic and utility studies;availability ofpublic and private utilities and services;legal description of the site, etc) As outlined in Rice Fergus Miller/Pivot North Architecture's Meridian Fire Department Facility Planning Workshop document,dated November 13,2020 § 1.1.3 The Owner's budget for the Cost of the Work,as defined in Section 6.1: (Provide total and, if known, a line item breakdown) $4,800,098 § 1.1.4 The Owner's anticipated design and construction milestone dates: .1 Design phase milestone dates,if any: Init. AIA Document B133'"—2019.Copyright©2014,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 18:21:39 ET on 06/03/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is licensed for one-time use only,a / be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 184 User Notes: (1885 Item#17. 12/15/2021 .2 Construction commencement date: 3/14/2022 .3 Substantial Completion date or dates: 3/28/2023 .4 Other milestone dates: NA § 1.1.5 The Owner intends to retain a Construction Manager pursuant to the following agreement: (Indicate agreement type) [X] AIA Document A133-2019,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. [ ] AIA Document A134-2019,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 without a Guaranteed Maximum Price. § 1.1.6 The Owner's requirements for accelerated or fast-track design and construction,or phased construction are set forth below: (List number and type oj'bid/procurement packages) None identified at this time. § 1.1.7 The Owner's anticipated Sustainable Objective for the Project: (Identify and describe the Owner's Sustainable Objective for the Project, if any) None. § 1.1.7.1 If the Owner identifies a Sustainable Objective,the Owner and Architect 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 Architect 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. § 1.1.8 The Owner identifies the following representative in accordance with Section 5.4: (List name, address, and other contact information) Stacy Redman Facilities Project Manager City of Meridian,Public Works Department 33 E. Broadway Avenue Meridian,Idaho 83642 sredman(&meridiancit y�org (Office Phone)208-489-0374 (Cell Phone)208-985-4234 (Fax)208-898-9551 Init. AIA Document B133'"—2019.Copyright©2014,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 18:21:39 ET on 06/03/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is licensed for one-time use only,a I be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 185 User Notes: (1 885 Item#17. § 1.1.9 The persons or entities,in addition to the Owner's representative,who are required to review the Architect's submittals to the Owner are as follows: (List name, address, and other contact information) Not applicable. § 1.1.10 The Owner shall retain the following consultants and contractors: (List name, legal status, address, and other contact information) .1 Construction Manager: (The Construction Manager is identified on the cover page.If a Construction Manager has not been retained as of the date of this Agreement,state the anticipated date of retention. If the Architect is to assist the Owner in selecting the Construction Manager, complete Section 4.1.1.1) Engineered Structures,Inc. .2 Land Surveyor: Not by Owner;included in services of Architect. .3 Geotechnical Engineer: By owner,Atlas Geotechnical Services .4 Civil Engineer: Not by Owner;included in services of Architect. .5 Other consultants and contractors: (List any other consultants and contractors retained by the Owner.) None identified at this time. § 1.1.11 The Architect identifies the following representative in accordance with Section 2.4: (List name, address, and other contact information) Gunnar R.Gladics,Project Manager ggladics@rfinarch.com phone:360.377.8773 Rice Fergus Miller,Inc. 275 51h St.4100 Bremerton,WA 98337 § 1.1.12 The Architect shall retain the consultants identified in Sections 1.1.12.1 and 1.1.12.2: (List name, legal status, address, and other contact information) § 1.1.12.1 Consultants retained under Basic Services: .1 Structural Engineer: KPFF Judsen Williams SE Principal Engineer Judsen.williams@kpff.com Phone: 208.336.6985 412 E. Parkcenter Blvd. Suite 200 Boise,ID 83706 Init. AIA Document B133'"—2019.Copyright©2014,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 18:21:39 ET on 06/03/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is licensed for one-time use only,a I be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 186 User Notes: (1885 Item#17. .2 Mechanical Engineer: Cator Ruma Brittany Austin Project Engineer baustin@caton-uma.com Phone:208.343.3663 420 S.Orchard Street Boise,ID 83705 .3 Electrical Engineer: Cator Ruma Kyle Olsen PE Project Engineer kolsen@catorruma.com Phone:208.343.3663 420 S.Orchard Street Boise,ID 83705 .4 Associate Architect: Pivot North Architecture Clint Sievers AIA,Project Architect clint@pivotnorthdesi ng com Phone:208.690.3108 1101 West Grove St. Boise,ID 83702 § 1.1.12.2 Consultants retained under Supplemental Services: .5 Civil Engineer(included in Architect's Basic Services fee): Eric Cronin PE, Project Engineer eric(&thelandgroupinc.com Phone:208.939.4041 462 E Shore Dr.#100 Eagle,ID 83616 .6 Landscape Architecture(included in Architect's Basic Services fee): Bob Schafer,Landscape Architect bob(a-)thelandaroupinc.com Phone: 208.939.4041 462 E Shore Dr.#100 Eagle,ID 83616 .7 IT Design(included in Architect's Basic Services fee): Kyle Olsen PE,Project Engineer kolsen(&catornuna.com Phone:208.343.3663 420 S.Orchard Street Boise,ID 83705 § 1.1.13 Other Initial Information on which the Agreement is based: Init. AIA Document B133'"—2019.Copyright 02014,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 18:21:39 ET on 06/03/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is licensed for one-time use only,a / be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 187 User Notes: (1 885 Item#17. § 1.2 The Owner and Architect may rely on the Initial Information.Both parties,however,recognize that the Initial Information may materially change and,in that event,the Owner and the Architect shall appropriately adjust the Architect's services,schedule for the Architect's services,and the Architect's compensation(if required) § 1.3 The parties shall agree upon protocols governing the transmission and use of Instruments of Service or any other information or documentation in digital form. § 1.3.1 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, shall be at the using or relying parry'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 ARCHITECT'S RESPONSIBILITIES § 2.1 The Architect shall provide professional services as set forth in this Agreement.The Architect represents that it is properly licensed in the jurisdiction where the Project is located to provide the services required by this Agreement,or shall cause such services to be performed by appropriately licensed design professionals. § 2.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances.The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. § 2.3 The Architect shall provide its services in conjunction with the services of a Construction Manager as described in the agreement identified in Section 1.1.5.The Architect shall not be responsible for actions taken by the Construction Manager. § 2.4 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the Project. § 2.5 Except with the Owner's knowledge and consent,the Architect shall not engage in any activity,or accept any employment,interest or contribution that would reasonably appear to compromise the Architect's professional judgment with respect to this Project. § 2.6 Insurance.The Architect shall maintain the following insurance until termination of this Agreement.If any of the requirements set forth below are in addition to the types and limits the Architect normally maintains,the Owner shall pay the Architect as set forth in Section 11.9. § 2.6.1 Commercial General Liability with policy limits of not less than Two Million Dollars($2,000,000.00.)for each occurrence and Two Million Dollars($2,000,000.00.) in the aggregate for bodily injury and property damage. § 2.6.2 Automobile Liability covering vehicles owned,and non-owned vehicles used,by the Architect with policy limits of not less than One Million Dollars($1,000,000.00)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. § 2.6.3 The Architect may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess or umbrella liability insurance,provided such primary and excess or umbrella liability insurance policies result in the same or greater coverage as the coverages required under Sections 2.6.1 and 2.6.2,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. § 2.6.4 Workers' Compensation at statutory limits. § 2.6.5 Intentionally Deleted. § 2.6.6 Professional Liability covering negligent acts,errors and omissions in the performance of professional services, with policy limits of not less than Five Million Dollars($5,000,000.00)per claim and Five Million Dollars ($5,000,000.00)in the aggregate. Init. AIA Document B133'"—2019.Copyright©2014,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 18:21:39 ET on 06/03/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is licensed for one-time use only,a I be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 188 User Notes: (1885 Item#17. § 2.6.7 Additional Insured Obligations.The Architect shall cause the primary and excess or umbrella polices for Commercial General Liability and Automobile Liability to include the Owner as an additional insured.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. § 2.6.8 The Architect shall provide certificates of insurance to the Owner that evidence compliance with the requirements in this Section 2.6. ARTICLE 3 SCOPE OF ARCHITECT'S BASIC SERVICES § 3.1 The Architect's Basic Services consist of those described in this Article 3 and include usual and customary structural,mechanical,and electrical engineering services. Services not set forth in this Article 3 are Supplemental or Additional Services. § 3.1.1 The Architect shall manage the Architect's services,research applicable design criteria,attend Project meetings, communicate with members of the Project team,and report progress to the Owner. § 3.1.2 The Architect shall coordinate its services with those services provided by the Owner,the Construction Manager, and the Owner's consultants.The Architect shall be entitled to rely on,and shall not be responsible for,the accuracy, completeness,and timeliness of,services and information furnished by the Owner,the Construction Manager,and the Owner's consultants.The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any error,omission,or inconsistency in such services or information. § 3.1.3 As soon as practicable after the date of this Agreement,the Architect shall submit,for the Construction Manager's review and the Owner's approval,a schedule for the performance of the Architect's services.The schedule shall include design phase milestone dates,as well as the anticipated dates for the commencement of construction and for Substantial Completion of the Work as set forth in the Initial Information.The schedule shall include allowances for periods of time required for the Owner's review,for the Construction Manager's review,for the performance of the Construction Manager's Preconstruction Phase services,for the performance of the Owner's consultants,and for approval of submissions by authorities having jurisdiction over the Project.Once approved by the Owner,time limits established by the schedule shall not,except for reasonable cause,be exceeded by the Architect or Owner.With the Owner's approval, the Architect shall adjust the schedule,if necessary,as the Project proceeds until the commencement of construction. § 3.1.4 The Architect shall submit information to the Construction Manager and participate in developing and revising the Project schedule as it relates to the Architect's services.The Architect shall review and approve,or take other appropriate action upon,the portion of the Project schedule relating to the performance of the Architect's services. §3.1.5 The Architect shall not be responsible for an Owner's directive or substitution,or for the Owner's acceptance of non-conforming work,made or given without the Architect's written approval. § 3.1.6 The Architect shall,in coordination with the Construction Manager,contact governmental authorities required to approve the Construction Documents and entities providing utility services to the Project.The Architect shall respond to applicable design requirements imposed by those authorities and entities. § 3.1.7 The Architect shall assist the Owner and Construction Manager in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. § 3.1.8 Prior to the Owner's acceptance of the Construction Manager's Guaranteed Maximum Price proposal,or the Owner's approval of the Construction Manager's Control Estimate,as applicable,the Architect shall consider the Construction Manager's requests for substitutions and,upon written request of the Construction Manager,provide clarification or interpretations pertaining to the Drawings,Specifications,and other documents submitted by the Architect.The Architect and Construction Manager shall include the Owner in communications related to substitution requests,clarifications,and interpretations. § 3.1.9 Concept Design and Entitlement Support PROVIDED UNDER SEPARATE CONTRACT Init. AIA Document B133'"—2019.Copyright©2014,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 18:21:39 ET on 06/03/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is licensed for one-time use only,a I be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 189 User Notes: (1885 Item#17. §3.2 Review of the Construction Manager's Guaranteed Maximum Price Proposal or Control Estimate-NOT INCLUDED IN CONTRACT OR FEE § 3.2.1 At a time to be mutually agreed upon by the Owner and the Construction Manager,the Construction Manager shall prepare,for review by the Owner and Architect,and for the Owner's acceptance or approval,a Guaranteed Maximum Price proposal or Control Estimate.The Architect shall assist the Owner in reviewing the Construction Manager's proposal or estimate.The Architect's review is not for the purpose of discovering errors,omissions,or inconsistencies;for the assumption of any responsibility for the Construction Manager's proposed means,methods,sequences,techniques,or procedures;or for the verification of any estimates of cost or estimated cost proposals.In the event that the Architect discovers any inconsistencies or inaccuracies in the information presented,the Architect shall promptly notify the Owner and Construction Manager. § 3.2.2 Upon authorization by the Owner,and subject to Section 4.2.1.14,the Architect shall update the Drawings, Specifications,and other documents to incorporate the agreed upon assumptions and clarifications contained in the Guaranteed Maximum Price Amendment or Control Estimate. § 3.3 Schematic Design Phase Services-PROVIDED UNDER SEPARATE CONTRACT § 3.3.1 The Architect shall review the program,and other information furnished by the Owner and Construction Manager, and shall review laws,codes,and regulations applicable to the Architect's services. § 3.3.2 The Architect shall prepare a preliminary evaluation of the Owner's program,schedule,budget for the Cost of the Work,Project site,and other Initial Information,each in terms of the other,to ascertain the requirements of the Project. The Architect shall notify the Owner of(1)any inconsistencies discovered in the information,and(2)other information or consulting services that may be reasonably needed for the Project. § 3.3.3 The Architect shall present its preliminary evaluation to the Owner and Construction Manager and shall discuss with the Owner and Construction Manager alternative approaches to design and construction of the Project.The Architect shall reach an understanding with the Owner regarding the requirements of the Project. § 3.3.4 Based on the Project requirements agreed upon with the Owner,the Architect shall prepare and present,to the Owner and Construction Manager,for the Owner's approval,a preliminary design illustrating the scale and relationship of the Project components. § 3.3.5 Based on the Owner's approval of the preliminary design,the Architect shall prepare Schematic Design Documents for Construction Manager's review and the Owner's approval.The Schematic Design Documents shall consist of drawings and other documents including a site plan,if appropriate,and preliminary building plans,sections and elevations;and may include some combination of study models,perspective sketches,or digital representations. Preliminary selections of major building systems and construction materials shall be noted on the drawings or described in writing. § 3.3.5.1 The Architect shall consider sustainable design alternatives,such as material choices and building orientation, together with other considerations based on program and aesthetics,in developing a design that is consistent with the Owner's program,schedule and budget for the Cost of the Work.The Owner may obtain more advanced sustainable design services as a Supplemental Service under Section 4.1. § 3.3.5.2 The Architect shall consider with the Owner and the Construction Manager the value of alternative materials, building systems and equipment,together with other considerations based on program and aesthetics,in developing a design for the Project that is consistent with the Owner's program,schedule,and budget for the Cost of the Work. § 3.3.6 The Architect shall submit the Schematic Design Documents to the Owner and the Construction Manager.The Architect shall meet with the Construction Manager to review the Schematic Design Documents. § 3.3.7 Upon receipt of the Construction Manager's review comments and cost estimate at the conclusion of the Schematic Design Phase,the Architect shall take action as required under Section 6.4,and request the Owner's approval of the Schematic Design Documents.If revisions to the Schematic Design Documents are required to comply with the Owner's budget for the Cost of the Work at the conclusion of the Schematic Design Phase,the Architect shall incorporate the required revisions in the Design Development Phase. Init. AIA Document B133'"—2019.Copyright 02014,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 18:21:39 ET on 06/03/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is licensed for one-time use only,a I be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 190 User Notes: (1 885 Item#17. § 3.3.8 In the further development of the Drawings and Specifications during this and subsequent phases of design,the Architect shall be entitled to rely on the accuracy of the estimates of the Cost of the Work,which are to be provided by the Construction Manager under the Construction Manager's agreement with the Owner. § 3.4 Design Development Phase Services § 3.4.1 Based on the Owner's approval of the Schematic Design Documents,and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work,the Architect shall prepare Design Development Documents for the Construction Manager's review and the Owner's approval.The Design Development Documents shall be based upon information provided,and estimates prepared by,the Construction Manager and shall illustrate and describe the development of the approved Schematic Design Documents and shall consist of drawings and other documents including plans,sections,elevations,typical construction details,and diagrammatic layouts of building systems to fix and describe the size and character of the Project as to architectural,structural,mechanical and electrical systems,and other appropriate elements.The Design Development Documents shall also include outline specifications that identify major materials and systems and establish in general their quality levels. § 3.4.2 Prior to the conclusion of the Design Development Phase,the Architect shall submit the Design Development Documents to the Owner and the Construction Manager.The Architect shall meet with the Construction Manager to review the Design Development Documents. § 3.4.3 Upon receipt of the Construction Manager's information and estimate at the conclusion of the Design Development Phase,the Architect shall take action as required under Sections 6.5 and 6.6 and request the Owner's approval of the Design Development Documents. § 3.5 Construction Documents Phase Services § 3.5.1 Based on the Owner's approval of the Design Development Documents,and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work,the Architect shall prepare Construction Documents for the Construction Manager's review and the Owner's approval.The Construction Documents shall illustrate and describe the further development of the approved Design Development Documents and shall consist of Drawings and Specifications setting forth in detail the quality levels and performance criteria of materials and systems and other requirements for the construction of the Work.The Owner and Architect acknowledge that,in order to perform the Work,the Construction Manager will provide additional information,including Shop Drawings,Product Data,Samples and other similar submittals,which the Architect shall review in accordance with Section 3.6.4. § 3.5.2 The Architect shall incorporate the design requirements of governmental authorities having jurisdiction over the Project into the Construction Documents. § 3.5.3 During the development of the Construction Documents,if requested by the Owner,the Architect shall assist the Owner and Construction Manager in the development and preparation of(1)the Conditions of the Contract for Construction(General,Supplementary and other Conditions)and(2)a project manual that includes the Conditions of the Contract for Construction and Specifications,and may include sample forms. § 3.5.4 Prior to the conclusion of the Construction Documents Phase,the Architect shall submit the Construction Documents to the Owner and the Construction Manager.The Architect shall meet with the Construction Manager to review the Construction Documents. § 3.5.5 Upon receipt of the Construction Manager's information and estimate at the conclusion of the Construction Documents Phase,the Architect shall take action as required under Section 6.7,and request the Owner's approval of the Construction Documents. § 3.6 Construction Phase Services § 3.6.1 General § 3.6.1.1 The Architect shall provide administration of the Contract between the Owner and the Construction Manager as set forth below and in AIA Document A201T114-2017,General Conditions of the Contract for Construction.If the Owner and Construction Manager modify ATA Document A201-2017,those modifications shall not affect the Architect's Init. AIA Document B133'"—2019.Copyright 02014,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 18:21:39 ET on 06/03/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is licensed for one-time use only,a I be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 191 User Notes: (1885 Item#17. services under this Agreement unless the Owner and the Architect amend this Agreement.The term"Contractor"as used in A201-2017 shall mean the Construction Manager. § 3.6.1.2 Subject to Section 4.2,the Architect's responsibility to provide Construction Phase Services commences upon the Owner's acceptance of the Construction Manager's Guaranteed Maximum Price proposal,the Owner's approval of the Construction Manager's Control Estimate,or by a written agreement between the Owner and Construction Manager which sets forth a description of the Work to be performed by the Construction Manager prior to such acceptance or approval. Subject to Section 4.2,and except as provided in Section 3.6.6.5,the Architect's responsibility to provide Construction Phase Services terminates on the date the Architect issues the final Certificate for Payment. § 3.6.1.3 The Architect shall advise and consult with the Owner and Construction Manager during the Construction Phase Services.The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement. The Architect shall not have control over,charge of,or responsibility for the construction means,methods,techniques, sequences or procedures,or for safety precautions and programs in connection with the Work,nor shall the Architect be responsible for the Construction Manager's failure to perform the Work in accordance with the requirements of the Contract Documents.The Architect shall be responsible for the Architect's negligent acts or omissions,but shall not have control over or charge of,and shall not be responsible for,acts or omissions of the Construction Manager or of any other persons or entities performing portions of the Work. § 3.6.2 Evaluations of the Work § 3.6.2.1 The Architect shall visit the site at intervals appropriate to the stage of construction,or as otherwise required in Section 4.2.3,to become generally familiar with the progress and quality of the portion of the Work completed,and to determine,in general,if the Work observed is being performed in a manner indicating that the Work,when fully completed,will be in accordance with the Contract Documents.However,the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work.On the basis of the site visits,the Architect shall 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 Construction Manager,and(3)defects and deficiencies observed in the Work. § 3.6.2.2 The Architect has the authority to reject Work that does not conform to the Contract Documents.Whenever the Architect considers it necessary or advisable,the Architect shall have the authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents,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 Construction Manager, Subcontractors,suppliers,their agents or employees,or other persons or entities performing portions of the Work. § 3.6.2.3 The Architect shall interpret and decide matters concerning performance under,and requirements of,the Contract Documents on written request of either the Owner or Construction Manager.The Architect's response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 3.6.2.4 Interpretations and decisions of the Architect shall be consistent with the intent of,and reasonably inferable from,the Contract Documents and shall be in writing or in the form of drawings.When making such interpretations and decisions,the Architect shall endeavor to secure faithful performance by both Owner and Construction Manager,shall not show partiality to either,and shall not be liable for results of interpretations or decisions rendered in good faith.The Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents subject to written approval of the Owner. § 3.6.2.5 Unless the Owner and Construction Manager designate another person to serve as an Initial Decision Maker,as that term is defined in AIA Document A201-2017,the Architect shall render initial decisions on Claims between the Owner and Construction Manager as provided in the Contract Documents. § 3.6.3 Certificates for Payment to Construction Manager § 3.6.3.1 The Architect shall review and certify the amounts due the Construction Manager and shall issue certificates in such amounts.The Architect's certification for payment shall constitute a representation to the Owner,based on the Architect's evaluation of the Work as provided in Section 3.6.2 and on the data comprising the Construction Manager's Application for Payment,that,to the best of the Architect's knowledge,information and belief,the Work has progressed Init. AIA Document B133'"—2019.Copyright©2014,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 18:21:39 ET on 06/03/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is licensed for one-time use only,a I be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 192 User Notes: (1885 Item#17. to the point indicated,the quality of the Work is in accordance with the Contract Documents,and that the Construction Manager is entitled to payment in the amount certified.The foregoing representations are subject to(1)an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion,(2)results of subsequent tests and inspections,(3)correction of minor deviations from the Contract Documents prior to completion,and(4)specific qualifications expressed by the Architect. § 3.6.3.2 The issuance of a Certificate for Payment shall not be a representation that the Architect has(1)made exhaustive or continuous on-site inspections to check the quality or quantity of the Work,(2)reviewed construction means,methods, techniques,sequences or procedures,(3)reviewed copies of requisitions received from Subcontractors and suppliers and other data requested by the Owner to substantiate the Construction Manager's right to payment,or(4)ascertained how or for what purpose the Construction Manager has used money previously paid on account of the Contract Sum. § 3.6.3.3 The Architect shall maintain a record of the Applications and Certificates for Payment. § 3.6.4 Submittals § 3.6.4.1 The Architect shall review the Construction Manager's submittal schedule and shall not unreasonably delay or withhold approval of the schedule.The Architect's action in reviewing submittals shall be taken in accordance with the approved submittal schedule 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. § 3.6.4.2 The Architect shall review and approve,or take other appropriate action upon,the Construction Manager'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.Review of such submittals is not for the purpose of determining the accuracy and completeness of other information such as dimensions, quantities,and installation or performance of equipment or systems,which are the Construction Manager's responsibility. The Architect's review shall not constitute approval of safety precautions or 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. § 3.6.4.3 If the Contract Documents specifically require the Construction Manager to provide professional design services or certifications by a design professional related to systems,materials,or equipment,the Architect shall specify the appropriate performance and design criteria that such services must satisfy.The Architect shall review and take appropriate action on Shop Drawings and other submittals related to the Work designed or certified by the Construction Manager's design professional,provided the submittals bear such professional's seal and signature when submitted to the Architect.The Architect's review shall be for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents.The Architect shall be entitled to rely upon,and shall not be responsible for,the adequacy and accuracy of the services,certifications,and approvals performed or provided by such design professionals. § 3.6.4.4 Subject to Section 4.2,the Architect shall review and respond to requests for information about the Contract Documents.The Architect shall set forth,in the Contract Documents,the requirements for requests for information. Requests for information shall include,at a minimum,a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested.The Architect's response to such requests shall be made in writing within any time limits agreed upon,or otherwise with reasonable promptness.If appropriate,the Architect shall prepare and issue supplemental Drawings and Specifications in response to the requests for information. § 3.6.4.5 The Architect shall maintain a record of submittals and copies of submittals supplied by the Construction Manager in accordance with the requirements of the Contract Documents. § 3.6.5 Changes in the Work § 3.6.5.1 Subject to Owner's approval,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. Subject to Section 4.2,the Architect shall prepare Change Orders and Construction Change Directives for the Owner's approval and execution in accordance with the Contract Documents. § 3.6.5.2 The Architect shall maintain records relative to changes in the Work. Init. AIA Document B133'"—2019.Copyright©2014,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 18:21:39 ET on 06/03/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is licensed for one-time use only,a I be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 193 User Notes: (1885 Item#17. § 3.6.6 Project Completion—NOT INCLUDED IN CONTRACT OR FEE § 3.6.6.1 The Architect shall: .1 conduct inspections to determine the date or dates of Substantial Completion and the date of final completion; .2 issue Certificates of Substantial Completion; .3 forward to the Owner,for the Owner's review and records,written warranties and related documents required by the Contract Documents and received from the Construction Manager;and .4 issue a final Certificate for Payment based upon a final inspection indicating that,to the best of the Architect's knowledge,information,and belief,the Work complies with the requirements of the Contract Documents. § 3.6.6.2 The Architect's inspections shall be conducted with the Owner to(1)check conformance of the Work with the requirements of the Contract Documents and(2)verify the accuracy and completeness of the list submitted by the Construction Manager of Work to be completed or corrected. § 3.6.6.3 When Substantial Completion has been achieved,the Architect shall inform the Owner about the balance of the Contract Sum remaining to be paid the Construction Manager,including the amount to be retained from the Contract Sum, if any,for final completion or correction of the Work. § 3.6.6.4 The Architect shall forward to the Owner the following information received from the Construction Manager:(1) consent of surety or sureties,if any,to reduction in or partial release of retainage or the making of final payment;(2) affidavits,receipts,releases and waivers of liens,or bonds indemnifying the Owner against liens;and(3)any other documentation required of the Construction Manager under the Contract Documents. § 3.6.6.5 Upon request of the Owner,and prior to the expiration of one year from the date of Substantial Completion,the Architect shall,without additional compensation,conduct a meeting with the Owner to review the facility operations and performance. ARTICLE 4 SUPPLEMENTAL AND ADDITIONAL SERVICES § 4.1 Supplemental Services § 4.1.1 The services listed below are not included in Basic Services but may be required for the Project.The Architect shall provide the listed Supplemental Services only if specifically designated in the table below as the Architect's responsibility,and the Owner shall compensate the Architect as provided in Section 11.2.Unless otherwise specifically addressed in this Agreement,if neither the Owner nor the Architect is designated,the parties agree that the listed Supplemental Service is not being provided for the Project. (Designate the Architect's Supplemental Services and the Owner's Supplemental Services required for the Project by indicating whether the Architect or Owner shall be responsible for providing the identified Supplemental Service.Insert a description of the Supplemental Services in Section 4.1.2 below or attach the description of services as an exhibit to this Agreement.) Init. AIA Document B133'"—2019.Copyright©2014,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 18:21:39 ET on 06/03/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is licensed for one-time use only,a I be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 194 User Notes: (1 885 Item#17. Supplemental Services Responsibility Architect, Owner, or notprovided) 4.1.1.1 Assistance with Selection of Construction Manager Not Provided 4.1.1.2 Programming Provided under previous contract 4.1.1.3 Multiple Preliminary Designs Not Provided 4.1.1.4 Measured drawings Not Provided 4.1.1.5 Existing facilities surveys Not Provided 4.1.1.6 Site evaluation and planning Provided under previous contract 4.1.1.7 Building Information Model management responsibilities Not Provided § 4.1.1.8 Development of Building Information Models for post Not Provided construction use 4.1.1.9 Civil engineering Architect under Basic Services 4.1.1.10 Landscape design Architect under Basic Services 4.1.1.11 Architectural interior design Architect under Basic Services 4.1.1.12 Value analysis Not Provided 4.1.1.13 Cost estimating Not Provided 4.1.1.14 On-site project representation Not Provided 4.1.1.15 Conformed documents for construction Not Provided 4.1.1.16 As-designed record drawings Not Provided 4.1.1.17 As-constructed record drawings Not Provided 4.1.1.18 Post-occupancy evaluation Not Provided 4.1.1.19 Facility support services Not Provided 4.1.1.20 Tenant-related services Not Provided 4.1.1.21 Architect's coordination of the Owner's consultants Not Provided § 4.1.1.22 Alerting and emergency response systems,including Not Provided antennas and audio equipment Row deleted 4.1.1.23 Security evaluation and planning Not Provided 4.1.1.24 Commissioning Not Provided 4.1.1.25 Sustainable Project Services pursuant to Section 4.1.3 Not Provided 4.1.1.26 Historic preservation Not Provided 4.1.1.27 Furniture,furnishings,and equipment design Not Provided 4.1.1.28 Other services provided by specialty Consultants Not Provided 4.1.1.29 Other Supplemental Services Not Provided § 4.1.1.30 Entitlements Provided under previous contract 4.1.1.31 Fire Station Traffic Si nalization Design Not Provided 4.1.1.32 IT and Data Design Architect under Basic Services § 4.1.2 Description of Supplemental Services § 4.1.2.1 A description of each Supplemental Service identified in Section 4.1.1 as the Architect's responsibility is provided in: None § 4.1.2.2 A description of each Supplemental Service identified in Section 4.1.1 as the Owner's responsibility is provided below. None Init. AIA Document B133'"—2019.Copyright©2014,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 18:21:39 ET on 06/03/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is licensed for one-time use only,a I be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 195 User Notes: (1885 Item#17. § 4.1.3 Intentionally Deleted. § 4.2 Architect's Additional Services The Architect may provide Additional Services after execution of this Agreement without invalidating the Agreement. Except for services required due to the fault of the Architect,any Additional Services provided in accordance with this Section 4.2 shall entitle the Architect to compensation pursuant to Section 11.3 and an appropriate adjustment in the Architect's schedule. § 4.2.1 Upon recognizing the need to perform the following Additional Services,the Architect shall notify the Owner with reasonable promptness and explain the facts and circumstances giving rise to the need.The Architect shall not proceed to provide the following Additional Services until the Architect receives the Owner's written authorization: .1 Services necessitated by a change in the Initial Information,previous instructions or recommendations given by the Construction Manager or the Owner,approvals given by the Owner,or a material change in the Project including size,quality,complexity,the Owner's schedule or budget for Cost of the Work,or bid packages in addition to those listed in Section 1.1.6; .2 Making revisions in Drawings,Specifications,or other documents(as required pursuant to Section 6.7), when such revisions are required because the Construction Manager's estimate of the Cost of the Work, Guaranteed Maximum Price proposal,or Control Estimate exceeds the Owner's budget,except where such excess is due to changes initiated by the Architect in scope,capacities of basic systems,or the kinds and quality of materials,finishes,or equipment; .3 Services necessitated by the enactment or revision of codes,laws,or regulations,including changing or editing previously prepared Instruments of Service; .4 Changing or editing previously prepared Instruments of Service necessitated by official interpretations of applicable codes,laws or regulations that are either(a)contrary to specific interpretations by the applicable authorities having jurisdiction made prior to the issuance of the building permit,or(b)contrary to requirements of the Instruments of Service when those Instruments of Service were prepared in accordance with the applicable standard of care; .5 Services necessitated by decisions of the Owner or Construction Manager not rendered in a timely manner or any other failure of performance on the part of the Owner or the Owner's consultants or contractors; .6 Preparing digital models or other design documentation for transmission to the Owner's consultants and contractors,or to other Owner-authorized recipients; .7 Preparation of design and documentation for alternate bid or proposal requests proposed by the Owner or Construction Manager; .8 Preparation for,and attendance at,a public presentation,meeting or hearing; .9 Preparation for,and attendance at,a dispute resolution proceeding or legal proceeding,except where the Architect is party thereto; .10 Consultation concerning replacement of Work resulting from fire or other cause during construction;or .11 Assistance to the Initial Decision Maker,if other than the Architect; .12 Services necessitated by replacement of the Construction Manager or conversion of the Construction Manager as constructor project delivery method to an alternative project delivery method; .13 Services necessitated by the Owner's delay in engaging the Construction Manager; .14 Making revisions to the Drawings,Specifications,and other documents resulting from agreed-upon assumptions and clarifications included in the Guaranteed Maximum Price Amendment or Control Estimate;and .15 Making revisions to the Drawings,Specifications,and other documents resulting from substitutions included in the Guaranteed Maximum Price Amendment or Control Estimate. § 4.2.2 (Paragraphs deleted) Intentionally Deleted. § 4.2.3 The Architect shall provide Construction Phase Services exceeding the limits set forth below as Additional Services.When the limits below are reached,the Architect shall notify the Owner: 1 Two ( 2 )reviews of each Shop Drawing,Product Data item,sample and similar submittals of the Construction Manager .2 Thirty Two ( 32 )visits to the site by the Architect during construction Init. AIA Document B133'"—2019.Copyright©2014,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 18:21:39 ET on 06/03/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is licensed for one-time use only,a I be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 196 User Notes: (1885 Item#17. 3 Two ( 2 )inspections for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents .4 Two ( 2 )inspections for any portion of the Work to determine final completion § 4.2.4 Except for services required under Section 3.6.6.5 and those services that do not exceed the limits set forth in Section 4.2.3,Construction Phase Services provided more than 60 days after(1)the date of Substantial Completion of the Work or(2)the initial date of Substantial Completion identified in the agreement between the Owner and Contractor, whichever is earlier,shall be compensated as Additional Services to the extent the Architect incurs additional cost in providing those Construction Phase Services. § 4.2.5 Subject to the Owner's prior approval,the services covered by this Agreement have not been completed within twelve(24)months of the date of this Agreement,through no fault of the Architect,extension of the Architect's services beyond that time may be compensated as Additional Services. ARTICLE 5 OWNER'S RESPONSIBILITIES § 5.1 Unless otherwise provided for under this Agreement,the Owner shall provide information in a timely manner regarding requirements for and limitations on the Project,including a written program which shall set forth the Owner's objectives;schedule;constraints and criteria,including space requirements and relationships;flexibility;expandability; special equipment; systems;and site requirements. § 5.2 The Owner shall retain a Construction Manager to provide services,duties,and responsibilities as described in the agreement selected in Section 1.1.5. § 5.3 The Owner shall establish the Owner's budget for the Project,including(1)the budget for the Cost of the Work as defined in Section 6.1;(2)the Owner's other costs;and,(3)reasonable contingencies related to all of these costs.The Owner shall update the Owner's budget for the Project as necessary throughout the duration of the Project until final completion.If the Owner significantly increases or decreases the Owner's budget for the Cost of the Work,the Owner shall notify the Architect and Construction Manager.The Owner and the Architect,in consultation with the Construction Manager,shall thereafter agree to a corresponding change in the Project's scope and quality. § 5.3.1 The Owner acknowledges that accelerated,phased or fast-track scheduling provides a benefit,but also carries with it associated risks. Such risks include the Owner incurring costs for the Architect to coordinate and redesign portions of the Project affected by procuring or installing elements of the Project prior to the completion of all relevant Construction Documents,and costs for the Construction Manager to remove and replace previously installed Work.if the Owner selects accelerated,phased or fast-track scheduling,the Owner agrees to include in the budget for the Project sufficient contingencies to cover such costs. § 5.4 The Owner shall identify a representative authorized to act on the Owner's behalf with respect to the Project.The Owner shall render decisions and approve the Architect's submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. § 5.5 The Owner shall furnish surveys to describe physical characteristics,and 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. § 5.6 The Owner 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. § 5.7 The Owner shall provide the Supplemental Services designated as the Owner's responsibility in Section 4.1.1. Init. AIA Document B133'"—2019.Copyright 02014,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 -19 software at 18:21:39 ET on 06/03/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is licensed for one-time use only,a I be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 197 User Notes: (1 885 Item#17. § 5.8 If the Owner identified a Sustainable Objective in Article 1,the Owner shall fulfill its responsibilities as required in AIA Document E234Tw-2019,Sustainable Projects Exhibit,Construction Manager as Constructor Edition,attached to this Agreement. § 5.9 The Owner shall coordinate the services of its own consultants with those services provided by the Architect.Upon the Architect's request,the Owner shall furnish copies of the scope of services in the contracts between the Owner and the Owner's consultants.The Owner shall furnish the services of consultants other than those designated as the responsibility of the Architect in this Agreement,or authorize the Architect to furnish them as an Additional Service,when the Architect requests such services and demonstrates that they are reasonably required by the scope of the Project.The Owner shall require that its consultants and contractors maintain insurance,including professional liability insurance,as appropriate to the services or work provided. § 5.10 The Owner shall furnish tests,inspections and reports required by law or the Contract Documents,such as structural,mechanical,and chemical tests,tests for air and water pollution,and tests for hazardous materials. § 5.11 The Owner shall furnish all legal,insurance and accounting services,including auditing services,that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. § 5.12 The Owner shall provide prompt written notice to the Architect and Construction Manager if the Owner becomes aware of any fault or defect in the Project,including errors,omissions or inconsistencies in the Architect's Instruments of Service. § 5.13 The Owner shall include the Architect in all communications with the Construction Manager 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 Construction Manager otherwise relating to the Project. Communications by and with the Architect's consultants shall be through the Architect. § 5.14 The Owner shall coordinate the Architect's duties and responsibilities set forth in the Agreement between the Owner and the Construction Manager with the Architect's services set forth in this Agreement.The Owner shall provide the Architect a copy of the executed agreement between the Owner and Construction Manager,including the General Conditions of the Contract for Construction. § 5.15 The Owner shall provide the Architect access to the Project site prior to commencement of the Work and shall obligate the Construction Manager to provide the Architect access to the Work wherever it is in preparation or progress. § 5.16 Within 15 days after receipt of a written request from the Architect,the Owner shall furnish the requested information as necessary and relevant for the Architect to evaluate,give notice of,or enforce lien rights. ARTICLE 6 COST OF THE WORK § 6.1 For purposes of this Agreement,the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include the Construction Manager's general conditions costs, overhead,and profit.The Cost of the Work also includes the reasonable value of labor,materials,and equipment,donated to,or otherwise furnished by,the Owner.The Cost of the Work does not include the compensation of the Architect;the compensation of the Construction Manager for Preconstruction Phase services;the costs of the land,rights-of-way, financing,or contingencies for changes in the Work;or other costs that are the responsibility of the Owner. § 6.2 The Owner's budget for the Cost of the Work is provided in the Initial Information,and shall be adjusted throughout the Project as required under Sections 5.3 and 6.4.Evaluations of the Owner's budget for the Cost of the Work represent the Architect's judgment as a design professional. § 6.3 The Owner shall require the Construction Manager to include appropriate contingencies for design,bidding or negotiating,price escalation,and market conditions in estimates of the Cost of the Work.The Architect shall be entitled to rely on the accuracy and completeness of estimates of the Cost of the Work the Construction Manager prepares as the Architect progresses with its Basic Services.The Architect shall prepare,as an Additional Service,revisions to the Drawings,Specifications or other documents required due to the Construction Manager's inaccuracies or incompleteness in preparing cost estimates,or due to market conditions the Architect could not reasonably anticipate.The Architect may Init. AIA Document B133'"—2019.Copyright©2014,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 in software at 18:21:39 ET on 06/03/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is licensed for one-time use only,a I be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 198 User Notes: (1 885 Item#17. review the Construction Manager's estimates solely for the Architect's guidance in completion of its services,however, the Architect shall report to the Owner any material inaccuracies and inconsistencies noted during any such review. § 6.3.1 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 Architect and the Construction Manager shall work together to reconcile the cost estimates. § 6.4 If,prior to the conclusion of the Design Development Phase,the Construction Manager's estimate of the Cost of the Work exceeds the Owner's budget for the Cost of the Work,the Architect,in consultation with the Construction Manager, shall make appropriate recommendations to the Owner to adjust the Project's size,quality or budget for the Cost of the Work,and the Owner shall cooperate with the Architect in making such adjustments. § 6.5 If the Construction Manager's estimate of the Cost of the Work at the conclusion of the Design Development Phase exceeds the Owner's budget for the Cost of the Work,the Owner may .1 give written approval of an increase in the budget for the Cost of the Work; .2 intentionally deleted .3 in consultation with the Architect and Construction Manager,revise the Project program,scope,or quality as required to reduce the Cost of the Work;or .4 implement any other mutually acceptable alternative. § 6.6 If the Owner chooses to proceed under Section 6.5.3,the Architect,without additional compensation,shall incorporate the revisions in the Construction Documents Phase as necessary to comply with the Owner's budget for the Cost of the Work at the conclusion of the Design Development Phase Services,or the budget as adjusted under Section 6.5.1.The Architect's revisions in the Construction Documents Phase shall be the limit of the Architect's responsibility under this Article 6. § 6.7 Intentionally Deleted. ARTICLE 7 COPYRIGHTS AND LICENSES § 7.1 The Architect and the Owner warrant that in transmitting Instruments of Service,or any other information,the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use on the Project. § 7.2 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service,including the Drawings and Specifications,and shall retain all common law,statutory and other reserved rights,including copyrights.Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect's consultants. § 7.3 The Architect grants to the Owner a nonexclusive license to use the Architect's Instruments of Service solely and exclusively for purposes of constructing,using,maintaining,altering and adding to the Project,provided that the Owner substantially performs its obligations under this Agreement,including prompt payment of all sums due,pursuant to Article 9 and Article 11.The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement.The license granted under this section permits the Owner to authorize the Construction Manager,Subcontractors,Sub-subcontractors,and suppliers,as well as the Owner's consultants and separate contractors, to reproduce applicable portions of the Instruments of Service,subject to any protocols established pursuant to Section 1.3,solely and exclusively for use in performing services or construction for the Project.If the Architect rightfully terminates this Agreement for cause as provided in Section 9.4,the license granted in this Section 7.3 shall terminate. § 7.3.1 In the event the Owner uses the Instruments of Service without retaining the authors of the Instruments of Service, the Owner releases the Architect and Architect's consultant(s)from all claims and causes of action arising from such uses. The Owner,to the extent permitted by law,further agrees to indemnify and hold harmless the Architect and its consultants from all costs and expenses,including the cost of defense,related to claims and causes of action asserted by any third person or entity to the extent such costs and expenses arise from the Owner's use of the Instruments of Service under this Section 7.3.1.The terms of this Section 7.3.1 shall not apply if the Owner rightfully terminates this Agreement for cause under Section 9.4. Init. AIA Document B133'"—2019.Copyright©2014,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 18:21:39 ET on 06/03/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is licensed for one-time use only,a I be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 199 User Notes: (1885 Item#17. § 7.4 Except for the licenses granted in this Article 7,no other license or right shall be deemed granted or implied under this Agreement.The Owner shall not assign,delegate,sublicense,pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect.Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants. § 7.5 Except as otherwise stated in Section 7.3,the provisions of this Article 7 shall survive the termination of this Agreement. ARTICLE 8 CLAIMS AND DISPUTES § 8.1 General § 8.1.1 The Owner and Architect shall commence all claims and causes of action against the other and arising out of or related to this Agreement,whether in contract,tort,or otherwise,in accordance with the requirements of the binding dispute resolution method selected in this Agreement and within the period specified by applicable law,but in any case not more than 10 years after the date of Substantial Completion of the Work.The Owner and Architect waive all claims and causes of action not commenced in accordance with this Section 8.1.1. § 8.1.2 To the extent damages are covered by property insurance,the Owner and Architect waive all rights against each other and against the contractors,consultants,agents and employees of the other for damages,except such rights as they may have to the proceeds of such insurance as set forth in AIA Document A201-2017,General Conditions of the Contract for Construction.The Owner or the Architect,as appropriate,shall require of the Construction Manager,contractors, consultants,agents and employees of any of them,similar waivers in favor of the other parties enumerated herein. § 8.1.3 The Architect shall indemnify and hold the Owner and the Owner's officers and employees harmless from and against damages,losses and judgments arising from claims by third parties,including reasonable attorneys' fees and expenses recoverable under applicable law,but only to the extent they are caused by the negligent acts or omissions of the Architect,its employees and its consultants in the performance of professional services under this Agreement.The Architect's obligation to indemnify and hold the Owner and the Owner's officers and employees harmless does not include a duty to defend.The Architect's duty to indemnify the Owner under this Section 8.1.3 shall be limited to the available proceeds of the insurance coverage required by this Agreement. § 8.1.4 The Architect and Owner waive consequential damages for claims,disputes,or other matters in question arising out of or relating to this Agreement.This mutual waiver is applicable,without limitation,to all consequential damages due to either parry's termination of this Agreement,except as specifically provided in Section 9.7. § 8.2 Mediation § 8.2.1 Any claim,dispute,or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to binding dispute resolution.If such matter relates to or is the subject of a lien arising out of the Architect's services,the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by binding dispute resolution. § 8.2.2 The Owner and Architect shall endeavor to resolve claims,disputes and other matters in question between them by mediation,which,unless the parties mutually agree otherwise,shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of this Agreement.A request for mediation shall be made in writing,delivered to the other party to this Agreement,and filed with the person or entity administering the mediation.The request may be made concurrently with the filing of a complaint or other appropriate demand for binding dispute resolution but,in such event,mediation shall proceed in advance of binding dispute resolution proceedings,which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order.If an arbitration proceeding is stayed pursuant to this section,the parties may nonetheless proceed to the selection of the arbitrator(s)and agree upon a schedule for later proceedings. § 8.2.3 The parties shall share the mediator's fee and any filing fees equally.The mediation shall be held in the place where the Project is located,unless another location is mutually agreed upon.Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. § 8.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 8.2,the method of binding dispute resolution shall be the following: Init. AIA Document B133'"—2019.Copyright©2014,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 42 software at 18:21:39 ET on 06/03/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is licensed for one-time use only,a I be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 200 User Notes: (1 885 Item#17. (Check the appropriate box.) [ ] Arbitration pursuant to Section 8.3 of this Agreement [X] Litigation in a court of competent jurisdiction [ ] Other: (Spec) If the Owner and Architect 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,the dispute will be resolved in a court of competent jurisdiction. (Paragraphs deleted) § 8.3 Intentionally Deleted ARTICLE 9 TERMINATION OR SUSPENSION § 9.1 If the Owner fails to make payments to the Architect in accordance with this Agreement,such failure shall be considered substantial nonperformance and cause for termination or,at the Architect's option,cause for suspension of performance of services under this Agreement.If the Architect elects to suspend services,the Architect shall give seven days'written notice to the Owner before suspending services.In the event of a suspension of services,the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services.Before resuming services,the Owner shall pay the Architect all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's services.The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 9.2 If the Owner suspends the Project,the Architect shall be compensated for services performed prior to notice of such suspension.When the Project is resumed,the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect's services.The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 9.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Architect, the Architect may terminate this Agreement by giving not less than seven days'written notice. § 9.4 Either party may terminate this Agreement upon not less than seven days'written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. § 9.5 The Owner may terminate this Agreement upon not less than seven days'written notice to the Architect for the Owner's convenience and without cause. § 9.6 If the Owner terminates this Agreement for its convenience pursuant to Section 9.5,or the Architect terminates this Agreement pursuant to Section 9.3,the Owner shall compensate the Architect for services performed prior to termination, Reimbursable Expenses incurred,and costs attributable to termination,including the costs attributable to the Architect's termination of consultant agreements. § 9.7 (Paragraphs deleted) Intentionally Deleted § 9.8 Intentionally Deleted § 9.9 The Owner's rights to use the Architect's Instruments of Service in the event of a termination of this Agreement are set forth in Article 7 and Section 9.7. Init. AIA Document B133'"—2019.Copyright©2014,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 18:21:39 ET on 06/03/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is licensed for one-time use only,a I be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 201 User Notes: (1885 Item#17. ARTICLE 10 MISCELLANEOUS PROVISIONS § 10.1 This Agreement shall be governed by the law of the place where the Project is located,excluding that jurisdiction's choice of law rules.If the parties have selected arbitration as the method of binding dispute resolution,the Federal Arbitration Act shall govern Section 8.3. § 10.2 Terms in this Agreement shall have the same meaning as those in AIA Document A201-2017,General Conditions of the Contract for Construction,except as modified in this Agreement.The term"Contractor"as used in A201-2017 shall mean the Construction Manager. § 10.3 The Owner and Architect,respectively,bind themselves,their agents,successors,assigns,and legal representatives to this Agreement.Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other,except that the Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner's rights and obligations under this Agreement,including any payments due to the Architect by the Owner prior to the assignment. § 10.4 If the Owner requests the Architect to execute certificates,the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution.If the Owner requests the Architect to execute consents reasonably required to facilitate assignment to a lender,the Architect shall execute all such consents that are consistent with this Agreement,provided the proposed consent is submitted to the Architect for review at least 14 days prior to execution.The Architect shall not be required to execute certificates or consents that would require knowledge,services,or responsibilities beyond the scope of this Agreement. § 10.5 Nothing contained in this Agreement shall create a contractual relationship with,or a cause of action in favor of,a third party against either the Owner or Architect. § 10.6 Unless otherwise required in this Agreement,the Architect shall have no responsibility for the discovery,presence, handling,removal or disposal of,or exposure of persons to,hazardous materials or toxic substances in any form at the Project site. § 10.7 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials.The Architect shall be given reasonable access to the completed Project to make such representations.However,the Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary.The Owner shall provide professional credit for the Architect in the Owner's promotional materials for the Project.This Section 10.7 shall survive the termination of this Agreement unless the Owner terminates this Agreement for cause pursuant to Section 9.4. § 10.8 If the Architect or Owner receives information specifically designated as"confidential"or"business proprietary," the receiving party shall keep such information strictly confidential and shall not disclose it to any other person except as set forth in Section 10.8.1.This Section 10.8 shall survive the termination of this Agreement. § 10.8.1 The receiving party may disclose"confidential"or"business proprietary"information after 7 days'notice to the other parry,when required by law,arbitrator's order,or court order,including a subpoena or other form of compulsory legal process issued by a court or governmental entity,or to the extent such information is reasonably necessary for the receiving party to defend itself in any dispute.The receiving party may also disclose such information to its employees, consultants,or contractors in order to perform services or work solely and exclusively for the Project,provided those employees,consultants and contractors are subject to the restrictions on the disclosure and use of such information as set forth in this Section 10.8. § 10.9 The invalidity of any provision of the Agreement shall not invalidate the Agreement or its remaining provisions.If it is determined that any provision of the Agreement 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 Agreement shall be construed,to the fullest extent permitted by law,to give effect to the parties'intentions and purposes in executing the Agreement. ARTICLE 11 COMPENSATION § 11.1 For the Architect's Basic Services described under Article 3,the Owner shall compensate the Architect as follows: Init. AIA Document B133'"—2019.Copyright©2014,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 18:21:39 ET on 06/03/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is licensed for one-time use only,a I be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 202 User Notes: (1885 Item#17. 1. Stipulated Sum Design Development-Bidding Support:Three Hundred Forty-five Thousand Seven Hundred Eighty-one Dollars ($345,781.00) 2. Time&Expense to a Maximum Construction Administration:One Hundred Sixty-three Thousand One Hundred Ninety Dollars($163,190.00) 3. Reimbursable Expenses Time and Expense at architects'cost to a Maximum of Twenty Thousand Dollars($20,000.00). Any request for reimbursement must be substantiated by a receipt. § 11.2 For the Architect's Supplemental Services designated in Section 4.1.1 and for any Sustainability Services required pursuant to Section 4.1.3,the Owner shall compensate the Architect as follows: (Insert amount of, or basis for, compensation. If necessary, list specific services to which particular methods of compensation apply.) Included in Architect's Basic Services fee listed above § 11.3 For Additional Services that may arise during the course of the Project,including those under Section 4.2,the Owner shall compensate the Architect as follows: To be negotiated prior to the performance of Additional Services. § 11.4 Compensation for Supplemental and Additional Services of the Architect's consultants when not included in Sections 11.2 or 11.3,shall be the amount invoiced to the Architect plus percent( %),or as follows: Not applicable. § 11.5 When compensation for Basic Services is based on a stipulated sum or a percentage basis,the proportion of compensation for each phase of services shall be as follows: Design Development Phase Thirty-five percent ( 35%) Construction Documents Phase Fifty-five percent ( 55%) Bidding Support Ten percent ( 10%) Total Basic Compensation One Hundred percent ( 100%) Design—Bidding Support The Owner acknowledges that with an accelerated Project delivery,multiple bid package process,or Construction Manager as constructor project delivery method,the Architect may be providing its services in multiple Phases simultaneously.Therefore,the Architect shall be permitted to invoice monthly in proportion to services performed in each Phase of Services,as appropriate. § 11.6 When compensation identified in Section 11.1 is on a percentage basis,progress payments for each phase of Basic Services shall be calculated by multiplying the percentages identified in this Article by the Owner's most recent budget for the Cost of the Work.Compensation paid in previous progress payments shall not be adjusted based on subsequent updates to the Owner's budget for the Cost of the Work. § 11.6.1 When compensation is on a percentage basis and any portions of the Project are deleted or otherwise not constructed,compensation for those portions of the Project shall be payable to the extent services are performed on those portions.The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. § 11.7 The hourly billing rates for services of the Architect and the Architect's consultants are set forth below.The rates shall be adjusted in accordance with the Architect's and Architect's consultants'normal review practices. (If'applicable, attach an exhibit of'hourly billing rates or insert them below) Init. AIA Document B133'"—2019.Copyright©2014,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 134 software at 18:21:39 ET on 06/03/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is licensed for one-time use only,a I be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 203 User Notes: (1885 Item#17. As described in Exhibit A § 11.8 Compensation for Reimbursable Expenses § 11.8.1 Reimbursable Expenses are in addition to compensation for Basic,Supplemental,and Additional Services and include expenses incurred by the Architect and the Architect's consultants directly related to the Project,as follows: .1 Pre-Authorized out-of-town travel and subsistence per GSA allowance .2 Long distance services,dedicated data and communication services,teleconferences,Project web sites, and extranets; .3 Permitting and other fees required by authorities having jurisdiction over the Project; .4 Printing,reproductions,plots,and standard form documents; .5 Postage,handling,and delivery; .6 Deleted .7 Renderings,physical models,mock-ups,professional photography,and presentation materials requested by the Owner or required for the Project; .8 Deleted .9 All taxes levied on professional services and on reimbursable expenses; .10 Deleted. .11 Deleted. .12 Deleted. (Paragraph deleted) § 11.9 Deleted § 11.10 Payments to the Architect § 11.10.1 Initial Payments § 11.10.1.1 An initial payment of zero dollars($0.00)shall be made upon execution of this Agreement and is the minimum payment under this Agreement.It shall be credited to the Owner's account in the final invoice. § 11.10.1.2 Deleted § 11.10.2 Progress Payments § 11.10.2.1 Unless otherwise agreed,payments for services shall be made monthly in proportion to services performed. Payments are due and payable net 30 from the Owner's receipt of a correct invoice. (Insert rate of monthly or annual interest agreed upon) Zero percentage(0%) § 11.10.2.2 The Owner shall not withhold amounts from the Architect's compensation to impose a penalty or liquidated damages on the Architect,or to offset sums requested by or paid to contractors for the cost of changes in the Work,unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding. § 11.10.2.3 Records of Reimbursable Expenses,expenses pertaining to Supplemental and Additional Services,and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. ARTICLE 12 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Agreement are as follows: (Include other terms and conditions applicable to this Agreement.) Init. AIA Document B133'"—2019.Copyright©2014,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 18:21:39 ET on 06/03/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is licensed for one-time use only,a I be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 204 User Notes: (1885 Item#17. Limitation of Liability Rice Fergus Miller's total liability to the Owner for any and all injuries,claims,losses,expenses, damages or claims expenses arising out of this agreement from any cause or causes,shall not exceed the total available amount of Rice Fergus Miller's Professional Liability insurance policy(Rice Fergus Miller's current available amount of Professional Liability Insurance is the full policy of$5,000,000). ARTICLE 13 SCOPE OF THE AGREEMENT § 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations,representations or agreements,either written or oral.This Agreement may be amended only by written instrument signed by both the Owner and Architect. § 13.2 This Agreement is comprised of the following documents identified below: .1 AIA Document B133TW-2019,Standard Form Agreement Between Owner and Architect,Construction Manager as Constructor Edition (Paragraphs deleted) .3 Exhibits: Exhibit A-Rice Fergus Miller 2021 Hourly Billing Rates This Agreement entered into as of the day and year first written above. OWNER(Signature) Robert ImISOn, Mayor- ARCHI CT(Signature City of Meridian,and Idaho Municipal Corporation David A.Fergus,Principal (Printed name and title) 6-29-2021 (Printed name, title, and license number, if required) Init. AIA Document B133'"—2019.Copyright©2014,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 18:21:39 ET on 06/03/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is licensed for one-time use only,a I be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 205 User Notes: (1885 Item#17. Additions and Deletions Report for AIA®Document 8133TM - 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 18:21:39 ET on 06/03/2021. PAGE AGREEMENT made as of the Twen .-seven day of May in the year Two Thousand Twen .-one City of Meridian,and Idaho Municipal Corporation c/o Meridian Finance Department 33 E.Broadway Avenue Meridian,Idaho 86342 Rice Fergus Miller,Inc. 275 5th Street,Suite 100 Bremerton,WA 98337 Telephone Number: 360-377-8773 Meridian South Fire Station Design—Construction Administration RFM Project Number: 2020038.06 Engineered Structures,Inc.(ESI Construction) 3330 E.Lousie Drive,Suite 300 Meridian,Idaho 83642 Telephone Number(208)362-3040 PAGE 2 The South fire station shall be based on the Meridian Fire Station#6 prototype building with the following major features.The building shall have three(3)drive through gpparatus bays and six(6)sleep rooms along with accompanying living,work,and support areas.For more detail refer to the facility planning workshop notes from November 2020.The site includes approximately 4 acres of development included a Meridian Police substation to be constructed at a future date. As outlined in Rice Fergus Miller/Pivot North Architecture's Meridian Fire Department Facility Planning Workshop document,dated November 13,2020 Additions and Deletions Report for AIA Document B133'—2019.Copyright©2014,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 18:21:39 ET on 06/03/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is 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 page 206 copyright@aia.org. User Notes: (1885 425) Item#17. $4,800,098 PAGE 3 12/15/2021 3/14/2022 3/28/2023 NA [X AIA Document A133-2019,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. None identified at this time. None. Stacy Redman Facilities Project Manager City of Meridian,Public Works Department 33 E.Broadway Avenue Meridian,Idaho 83642 sredman(&meridiancit y�org (Office Phone)208-489-0374 (Cell Phone)208-985-4234 (Fax)208-898-9551 PAGE 4 Not applicable. Engineered Structures,Inc. Not by Owner,included in services of Architect. By owner,Atlas Geotecbnical Services Additions and Deletions Report for AIA Document 13133'—2019.Copyright©2014,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 18:21:39 ET on 06/03/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,a-mail Page 207 copyright@aia.org. User Notes: (1885625) Item#17. Not by Owner:included in services of Architect. None identified at this time. Gunnar R.Gladics,Project Manager gg1adics(d,)rfinarch.com phone:360.377.8773 Rice Ferps Miller,Inc. 275 5th St.4100 Bremerton,WA 98337 KPFF Judsen Williams SE Principal Engineer Judsen.williams&kpff.com Phone: 208.336.6985 412 E. Parkcenter Blvd. Suite 200 Boise,ID 83706 PAGE 5 Cator Ruma Brittany Austin Project Engineer baustin(&caton uma.com Phone:208.343.3663 420 S.Orchard Street Boise,ID 83705 Cator Ruma Kyle Olsen PE Project Engineer kolsen(a,catorruma.com Phone:208.343.3663 420 S.Orchard Street Boise,ID 83705 .4 Associate Architect: Pivot North Architecture Clint Sievers AIA,Project Architect clint(&pivotnorthdesing com Phone:208.690.3108 1101 West Grove St. Boise,ID 83702 .5 Civil Engineer(,included in Architect's Basic Services fee): Eric Cronin PE,Project Engineer Additions and Deletions Report for AIA Document B133'—2019.Copyright©2014,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 18:21:39 ET on 06/03/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,a-mail page 208 copyright@aia.org. User Notes: (1885 25) Item#17. eri c(&thelandgroupinc.com Phone:208.939.4041 462 E Shore Dr.#100 Eagle,ID 83616 .6 Landscape Architecture(included in Architect's Basic Services feet Bob Schafer,Landscape Architect boWthelandgroupinc.com Phone: 208.939.4041 462 E Shore Dr.#100 Eagle,ID 83616 .7 IT Design(included in Architect's Basic Services feed Kyle Olsen PE,Project Engineer kolsenkcaton uma.com Phone:208.343.3663 420 S.Orchard Street Boise,ID 83705 PAGE 6 § 1.2 The Owner and Architect may rely on the Initial Information.Both parties,however,recognize that the Initial Information may materially change and,in that event,the Owner and the Architect shall appropriately adjust the Architect's services,schedule for the Architect's services,and the Architect's eempensation.The Owner-shalm!adjust the OA%er-'s budget for-the Cast of the Wer-k and the Owner-'s anfieipated design and eanstnaefien milestones,as .compensation(if required) § 1.3 The parties shall agree upon protocols governing the transmission and use of Instruments of Service or any other information or documentation in digital form.he pa44ies��'�„1l use 4 L^ Deew=eRt E203TM 2012 Building development,144ma4ion Wdeling and Digital Data Exhibit,to establish the pr-oteeals fieff the, use,tFexeliange of digital data. § 1.3.1 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,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. § 2.6.1 Commercial General Liability with policy limits of not less than Two Million Dollars($2,000,000.00.)for each occurrence and Two Million Dollars($2,000,000.00.) in the aggregate for bodily injury and property damage. § 2.6.2 Automobile Liability covering vehicles owned,and non-owned vehicles used,by the Architect with policy limits of not less than( }One Million Dollars($1,000,000.00)per accident for bodily injury,death of any person, and property damage arising out of the ownership,maintenance and use of those motor vehicles,along with any other statutorily required automobile coverage. § 2.6.5 'Liability with pehey hinits fiet less than ($ )eaeh aeeidefft, (S )eaeh effiplayee,a-ad ($ pahey Deleted. § 2.6.6 Professional Liability covering negligent acts,errors and omissions in the performance of professional services,with policy limits of not less than($hex c $ Five Million Dollars($5,000,000.00)per claim and Five Million Dollars($5,000,000.00)_in the aggregate. PAGE 7 Additions and Deletions Report for AIA Document 13133'—2019.Copyright©2014,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 18:21:39 ET on 06/03/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is 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 Page 209 copyright@aia.org. User Notes: (1885 Item#17. § 2.6.7 Additional Insured Obligations.T^tho fidlw#extent pefmi#ed by!a--A,,the The Architect shall cause the primary and excess or umbrella polices for Commercial General Liability and Automobile Liability to include the Owner as an additional ' .insured.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. § 3.1.9 Concept Design and Entitlement Support PROVIDED UNDER SEPARATE CONTRACT §3.2 Review of the Construction Manager's Guaranteed Maximum Price Proposal or Control Estimate—NOT INCLUDED IN CONTRACT OR FEE PAGE 8 §3.3 Schematic Design Phase cer"i,.es § 3.3 Schematic Design Phase Services—PROVIDED UNDER SEPARATE CONTRACT PAGE 10 § 3.6.2.4 Interpretations and decisions of the Architect shall be consistent with the intent of,and reasonably inferable from,the Contract Documents and shall be in writing or in the form of drawings.When making such interpretations and decisions,the Architect shall endeavor to secure faithful performance by both Owner and Construction Manager, shall not show partiality to either,and shall not be liable for results of interpretations or decisions rendered in good faith.The Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents subject to written approval of the Owner. PAGE 11 § 3.6.5.1 T4tt-Subj ect to Owner's approval,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.Subject to Section 4.2,the Architect shall prepare Change Orders and Construction Change Directives for the Owner's approval and execution in accordance with the Contract Documents. PAGE 12 § 3.6.6 Protect Completion—NOT INCLUDED IN CONTRACT OR FEE PAGE 13 Additions and Deletions Report for AIA Document B133'—2019.Copyright©2014,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 18:21:39 ET on 06/03/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is 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 Page 210 copyright@aia.org. User Notes: (1885 25) Item#17. 4.1.1.1 Assistance with Selection of Construction Manager Not Provided 4.1.1.2 Programming Provided under previous contract 4.1.1.3 Multiple Preliminary Designs Not Provided 4.1.1.4 Measured drawings Not Provided 4.1.1.5 Existing facilities surveys Not Provided 4.1.1.6 Site evaluation and planning Provided under previous contract 4.1.1.7 Building Information Model management responsibilities Not Provided § 4.1.1.8 Development of Building Information Models for post Not Provided construction use 4.1.1.9 Civil engineering Architect under Basic Services 4.1.1.10 Landscape design Architect under Basic Services 4.1.1.11 Architectural interior design Architect under Basic Services 4.1.1.12 Value analysis Not Provided 4.1.1.13 Cost estimating Not Provided 4.1.1.14 On-site project representation Not Provided 4.1.1.15 Conformed documents for construction Not Provided 4.1.1.16 As-designed record drawings Not Provided 4.1.1.17 As-constructed record drawings Not Provided 4.1.1.18 Post-occupancy evaluation Not Provided 4.1.1.19 Facility support services Not Provided 4.1.1.20 Tenant-related services Not Provided 4.1.1.21 Architect's coordination of the Owner's consultants Not Provided § 4.1.1.22 Alerting and emergency response systems,including Not Provided antennas and audio equipment § 4.1.1.23 Security evaluation and planning Not Provided § 4.1.1.24 Commissioning Not Provided 4.1.1.25 Sustainable Project Services pursuant to Section 4.1.3 Not Provided 4.1.1.26 Historic preservation Not Provided 4.1.1.27 Furniture,furnishings,and equipment design Not Provided 4.1.1.28 Other services provided by specialty Consultants Not Provided 4.1.1.29 Other Supplemental Services Not Provided § 4.1.1.30 Entitlements Provided under previous contract 4.1.1.31 Fire Station Traffic Si nalization Desi n Not Provided § 4.1.1.32 IT and Data Dcsign Architect under Basic Services § 4.1.2.1 A description of each Supplemental Service identified in Section 4.1.1 as the Architect's responsibility is provided below. ineluwed as an`„t ibit to dese-ibe the A -ehiteet', c..pple....eota Seryicee )in. None Additions and Deletions Report for AIA Document 13133'—2019.Copyright©2014,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 18:21:39 ET on 06/03/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is 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 Page 211 copyright@aia.org. User Notes: (1885 25) Item#17. None § 4.1.3 ,the Mehiteet shall provide, , as provided in Seetion ".'.Intentionally Deleted. PAGE 14 § 4.2.2 To a-void delay in the,Cm-R-st-metion Phase,the A&ehiteet sha4l provide the fbilowing Additional gen,iees,fletify the 0,A%er- *' . . pr-emptness,and explain the faets and eir-eumstaftees gi'Aag rise te the need.if-,Upon by the , .2 Responding to the Constfuetion Manager-'s requests for-infafmation that are not prepared in aeeerdafiee .a, tat sei=viee; 4 F;'Aluting an extensive numbef of Claims as the Ifikial Deeisieft Maker-; Intentionally Deleted. .1 Two ( L)reviews of each Shop Drawing,Product Data item,sample and similar submittals of the Construction Manager .2 Thirty Two ( 2L)visits to the site by the Architect during construction .3 Two ( L)inspections for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents .4 Two ( L)inspections for any portion of the Work to determine final completion PAGE 15 § 4.2.5 H-Subject to the Owner's prior approval,the services covered by this Agreement have not been completed within(—}twelve(N months of the date of this Agreement,through no fault of the Architect,extension of the Architect's services beyond that time&hall-mav be compensated as Additional Services. § 5.5 The Owner shall furnish surveys to describe physical characteristics,and 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. PAGE 17 Additions and Deletions Report for AIA Document B133'—2019.Copyright©2014,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 18:21:39 ET on 06/03/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is 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 page 212 copyright@aia.org. User Notes: (1885 425) Item#17. § 6.5 If the Construction Manager's estimate of the Cost of the Work at the conclusion of the Design Development Phase exceeds the Owner's budget for the Cost of the Work,the Owner 4,,a# ay .2 te... inane in a da- ee .,it>, Seetien 9.5;intentionally deleted § 6.7 subsequent east estimates,the Qaafan4eed Mffldmum Pr-iee proposal,or-Cai#fel Estimate tha4 exeeed the Owfier-'s systems,E)F the kinds a-ad"ality of materials,finishes or- Intentionally Deleted. PAGE 19 [X Litigation in a court of competent jurisdiction § Si 4 Arhitre#inn elaim,dispiate oi:other-matter-in questien ar4s*out of or-related te this Agr-eefnent subjeet to,but not r-eselved§ 8.3.1 if the par-ties have seleeted afbit-Fation as the methed fer-binding dispwe r-eseletien in this Agr-eement, Hily medimian shall be subjeet to shall be administer-ed-b-y > > > date of d3mis AgFeement.A demand for-ar-bitfation shall be,Made,in 10,witiag,d0iver-ed to the ethef-party to this Agreement,audd Ale,d, 4th the per-sonor-entity administering the ar-bit.•.,t:§ 8.3.1.1 A d-teman d-fiff-ar-h-4-ati R_n isha I I h-e,ma de n R_ ewid i er-t-han P_A-n eui*effltly with the fi ling of a request for-mediati..., , eenstitute the institution of legal or-equitable preeeedings based an the elaim,dispute or-other-ma4ter-in quest § 8.3.2 The foregoing agreement te afbitfate,and other-agr-eements te ar-bitfa4e with an additienal per-seia or-enfity d* § 8.3.3 The award rendeFed by the ar-bitfatar-(s)shall be�PRal,andjudggment may be entered upon it in aeewdaneew applicable- Imo,.,; ,.-r having ,-isdi.+ion thereof-. . > pefmits > e a-ad(3)the afbitr-atians employ materially sifailaf pr-aeedtwal fules and methods for-seleeting af-bitrater-(s). . >at its sole diseretion, e deser-ibed in the,.Fitte eensefA-. Additions and Deletions Report for AIA Document B133'—2019.Copyright©2014,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 18:21:39 ET on 06/03/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is 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 page 213 copyright@aia.org. User Notes: (1885 Item#17. § 8.4 The provisions of this Ai4iele 9 shall supxive the tefmination of this Agreement. § 8.3 Intentionally Deleted § 9.7 in addition to any afneunts paid undef Seetion 9.6, pufsuant to Seetion 9.5,or-thiQ.,A-rvh4Pr#kafmina4es this Agreement pur-suan, i R- Steedon 9.3,the Owner-shall pay to the fi,...,..;, r i Temieatien Fee! Intentionally Deleted § 9.8 Substantial Camp! Intentionally Deleted PAGE 21 4-1. Stipulated Sum "ser4 amoun'`Design Development-Bidding Support:Three Hundred Forty-five Thousand Seven Hundred Eighty-one Dollars($345,781.00) 2. Time&Expense to a Maximum Construction Administration:One Hundred Sixty-three Thousand One Hundred Ninety Dollars ($163,190.00) .2 Pereeat-ageBasis ir. ,ere r,,, 'age�w' e 3. Reimbursable Expenses o of the Owner-'s budget fef-the Cost of the Work,as ea4eulated in aeeer-danee with Seetion 11.67 .3 OtheF Time and Expense at architects'cost to a Maximum of Twenty Thousand Dollars($20,000.00,). Any request for reimbursement must be substantiated by a receipt. Included in Architect's Basic Services fee listed above To be negotiated prior to the performance of Additional Services. (1aseA amount of-,or-basis fef eefnpu4ing,Arehiteet's eensultants' eampeasation for-Supplemental er Additional Services-} Not applicable. Additions and Deletions Report for AIA Document B133'—2019.Copyright©2014,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 18:21:39 ET on 06/03/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is 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 page 214 copyright@aia.org. User Notes: (1885 425) Item#17. Set,emat a Design Phase Per-eefit ( TO7 Design Development Phase Per-eefit ( TO7 lam.. st etion ll.. ..ram Phas-a per-eent� Pereefit 4-W mil Design Development Phase Thirty-five percent 35%1 Construction Documents Phase Fifty-five percent 55% Bidding Support Ten percent 10%1 Total Basic Compensation One Hundred percent 100%1 Design—Biddina Support PAGE 22 As described in Exhibit A Employee OF GategGFY Rate($0.00) .1 Pre-Authorized out-of-town travel and s•�subsistence per GSA allowance .6 , if au-ther-iZed in advanese by the Owaer•,Deleted .8 ' expenses of pr-afessional liability iasuFmee dedieated exelusively to this Pr-ejeet,or the expense a eensultants;Qeleted .10 Site affiee e Me^^e^•Deleted. .11 Registra4ien fees and any other fees eharged by the Gert&�fig Auffier-ity or-by edief entities as eleted. .12 Othef similaf Prejeet related eiipeaditffes-Deleted. Ar-p-hitteoet"s eenstiltants plus perseM( 0%)of the expenses ifietffed. § 11.9Archetpnt'q IRS' Fame.ifthe bTes and limits of oever-age required in Seetion 2.4 ana,in Addition to the bVes and Deleted Additions and Deletions Report for AIA Document B133'—2019.Copyright©2014,and 2019 by The American Institute of Architects.All rights reserved.The "American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 18:21:39 ET on 06/03/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail Page 215 copyright@aia.org. User Notes: (1885 Item#17. § 11.10.1.1 An initial payment of{$—}zero dollars($0.00)shall be made upon execution of this Agreement and is the minimum payment under this Agreement.It shall be credited to the Owner's account in the final invoice. § 11.10.1.2 ,an initial Payffief4 to the A vehiteet of ShAbe made upon exermition of this Agreement f6FFegis#a6E)a fees a—ad-othew-&-t-As payable to the Gergfyin Auther-ity shall be er-edited te the Ov,%er-'s aeeettnt at the time the expense is .Deleted § 11.10.2.1 Unless otherwise agreed,payments for services shall be made monthly in proportion to services performed.Payments are due and payable sentation A-k#e A rvahiteet's invoiee s unpaid ffifti-w- the,invoie,65 d-ahe ish-All h_e,_Ar_-intiffemst at th-ge;Fats- ten-te-n-Add below,or in the ahb.,st-An6spe t—ho-y-teefat the legal rate pr-evailia -4-A- ,tim-y-to time.,t the principal,.lace- fbusiness of the A e ;te,.+,net 30 from the Owner's receipt of a correct invoice. Zero percentage (0%) PAGE 23 Limitation of Liability Rice Fergus Miller's total liability to the Owner for any and all injuries,claims,losses, expenses,damages or claims expenses arising out of this agreement from any cause or causes,shall not exceed the total available amount of Rice Fergus Miller's Professional Liability insurance policy(Rice Fergus Miller's current available amount of Professional Liability Insurance is the full policy of$5,000,000). A-1 A-Doetifneat E2031M 2013,Building infefma4ion Modeling and Digital D4a Exhibit,dat ir,s r4tc date of the z Ana onlai t ai +,,t this agr-eememt.4 >Sustainable Prejeets E344bit, Genstnaetieff Manager-as f aast,.,,etar-Edition dated a indieated below � 0—ta2f d_eeumeats.: Exhibit A-Rice Fergus Miller 2021 Hourly Billing Rates City of Meridian,and Idaho Municipal Corporation David A.Fergus,Principal Additions and Deletions Report for AIA Document B133'—2019.Copyright©2014,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 18:21:39 ET on 06/03/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is 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 Page 216 copyright@aia.org. User Notes: (1885 Item#17. Certification of Document's Authenticity AIA° Document D401 TM — 2003 1, ,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 18:21:39 ET on 06/03/2021 under Order No. 7610209206 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA®Document B 133TM—2019,Standard Form of Agreement Between Owner and Architect, Construction Manager as Constructor Edition,as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. (Signed) (Title) (Dated) AIA Document D401'TM—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 18:21:39 ET on 06/03/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is licensed for one-time use only,a be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 217 User Notes: (1885 Item#17. eYgumILLER ARCHITECTURE INTERIORS PLANNING VIZLAB 275 Fifth Street,Suite 100 Bremerton,WA 98337 Phone: (360) 377-8773 rfmarch.com 2021 Hourly Billing Rates Date of Proposal: May 27, 2021 Project: Meridian South Fire Station Design - Construction Administration Project No.: 2020038.06 The hourly billing rates shall be annually adjusted in accordance with normal salary review practices of Rice Fergus Miller. Principal in Charge: $ 275.00 Senior Planner: $ 175.00 - $ 275.00 Project Manager: $ 130.00 - $ 190.00 Project Architect: $ 120.00 - $ 190.00 Staff Architect: $ 125.00 - $ 160.00 Project Designer: $ 115.00 - $ 190.00 Staff Designer: $ 115.00 - $ 155.00 Interior Designer: $ 90.00 - $ 160.00 Technical Designer: $ 95.00 - $ 155.00 Production Support: $ 85.00 - $ 155.00 Graphics Visualization: $ 115.00 - $ 125.00 Project Coordinator: $ 80.00 - $ 120.00 Administrative Support Staff: $ 80.00 - $ 120.00 Page 218 Item#18. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: AIA B133 Agreement with Rice Fergus Miller, Inc. for the Final Design and Construction Administration for the South Police Substation/Precinct in the Not-To-Exceed Amount of$505,076.00 Page 219 Item#18. C� fIEN , IN4, IDAHG-. MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Keith Watts, Procurement Division Meeting Date: June 15, 2021 Presenter: Consent/ Lt.Jamie Leslie Estimated Time: N/A Topic: Approval of AIA B133 Agreement with Rice Fergus Miller for the Final Design and Construction Administration for the South Police Sub Station/Precinct in the Not-To- Exceed amount of$505,076.00 Recommended Council Action: Approval of Agreement and authorize the Procurement Manager to execute agreement and issue a PO for$505,076.00. Background: This agreement is issued as an associated project to Fire Station 6 design per Idaho Statute 67- 2320(4) Page 220 Item#18. AIA Document B133" - 2019 Standard Form of Agreement Between Owner and Architect, Construction Manager as Constructor Edition AGREEMENT made as of the Seventh day of June in the year Two Thousand Twenty-one (In words, indicate day, month and year.) ADDITIONS AND DELETIONS: The author of this document has BETWEEN the Architect's client identified as the Owner: added information needed for its (Name, legal status, address, and other information) completion.The author may also have revised the text of the original City of Meridian,and Idaho Municipal Corporation AIA standard form.An Additions and c/o Meridian Finance Department Deletions Report that notes added 33 E. Broadway Avenue information as well as revisions to the Meridian,Idaho 86342 standard form text is available from the author and should be reviewed.A and the Architect: vertical line in the left margin of this (Name, legal status, address, and other information) document indicates where the author has added necessary information Rice Fergus Miller,Inc. and where the author has added to or 275 51'Street,Suite 100 deleted from the original AIA text. Bremerton,WA 98337 This document has important legal Telephone Number: 360-377-8773 consequences.Consultation with an attorney is encouraged with respect for the following Project: to its completion or modification. (Name, location, and detailed description) This document is intended to be used in conjunction with AIA Documents Meridian South Police Station Design-Construction Administration A201-2017Tm,General Conditions of RFM Project Number: 2020038.05 the Contract for Construction; The Construction Manager(if known): A133-2019'rm Standard Form of (Name, legal status, address, and other information) Agreement Between Owner and Construction Manager as Engineered Structures,Inc.(ESI Construction) Constructor where the basis of 3330 E.Lousie Drive,Suite 300 payment is the Cost of the Work Plus Meridian,Idaho 83642 a Fee with a Guaranteed Maximum Telephone Number(208)362-3040 Price;and All 34-2019TM Standard Form of Agreement Between Owner The Owner and Architect agree as follows. and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee without a Guaranteed Maximum Price.AIA Document A201 TM-2017 is adopted in this document by reference.Do not use with other general conditions unless this document is modified. Init. AIA Document B133'"-2019.Copyright©2014,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 18:36:55 ET on 06/07/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is licensed for one-time use only,a / be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 221 User Notes: (1400 Item#18. TABLE OF ARTICLES 1 INITIAL INFORMATION 2 ARCHITECT'S RESPONSIBILITIES 3 SCOPE OF ARCHITECT'S BASIC SERVICES 4 SUPPLEMENTAL AND ADDITIONAL SERVICES 5 OWNER'S RESPONSIBILITIES 6 COST OF THE WORK 7 COPYRIGHTS AND LICENSES 8 CLAIMS AND DISPUTES 9 TERMINATION OR SUSPENSION 10 MISCELLANEOUS PROVISIONS 11 COMPENSATION 12 SPECIAL TERMS AND CONDITIONS 13 SCOPE OF THE AGREEMENT ARTICLE 1 INITIAL INFORMATION § 1.1 This Agreement is based on the Initial Information set forth in this Section 1.1. (For each item in this section, insert the information or a statement such as "not applicable"or "unknown at time of execution.') § 1.1.1 The Owner's program for the Project: (Insert the Owner's program, identify documentation that establishes the Owner's program,or state the manner in which the program will be developed.) The South police station will be a prototype building with the following major features.The building shall contain assigned offices,an open patrol room with adjoining conference room,records storage,breakroom,men's and women's locker rooms with a common fitness room,both hard and soft interview rooms,armory,evidence,intake and one(1)sally port.For more detail refer to the facility planning workshop notes from November 2020.The site includes approximately 4 acres of development included a Meridian Fire station to be constructed at a similar time. § 1.1.2 The Project's physical characteristics: (Identify or describe pertinent information about the Project's physical characteristics, such as size;location; dimensions;geotechnical reports;site boundaries;topographic surveys;traffic and utility studies;availability ofpublic and private utilities and services;legal description of the site, etc) As outlined in Rice Fergus Miller/Pivot North Architecture's Meridian Police Department Facility Planning Workshop document,dated November 13,2020. § 1.1.3 The Owner's budget for the Cost of the Work,as defined in Section 6.1: (Provide total and, if known, a line item breakdown) $485,076.00 § 1.1.4 The Owner's anticipated design and construction milestone dates: .1 Design phase milestone dates,if any: Init. AIA Document B133'"—2019.Copyright©2014,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 18:36:55 ET on 06/07/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is licensed for one-time use only,a / be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 222 User Notes: (1400 Item#18. 12/15/2021 .2 Construction commencement date: TBD .3 Substantial Completion date or dates: TBD .4 Other milestone dates: NA § 1.1.5 The Owner intends to retain a Construction Manager pursuant to the following agreement: (Indicate agreement type) [X] AIA Document A133-2019,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. [ ] AIA Document A134-2019,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 without a Guaranteed Maximum Price. § 1.1.6 The Owner's requirements for accelerated or fast-track design and construction,or phased construction are set forth below: (List number and type oj'bid/procurement packages) None identified at this time. § 1.1.7 The Owner's anticipated Sustainable Objective for the Project: (Identify and describe the Owner's Sustainable Objective for the Project, if any) None. § 1.1.7.1 If the Owner identifies a Sustainable Objective,the Owner and Architect 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 Architect 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. § 1.1.8 The Owner identifies the following representative in accordance with Section 5.4: (List name, address, and other contact information) Stacy Redman Facilities Project Manager City of Meridian,Public Works Department 33 E. Broadway Avenue Meridian,Idaho 83642 sredman(&meridiancit y�org (Office Phone)208-489-0374 (Cell Phone)208-985-4234 (Fax)208-898-9551 Init. AIA Document B133'"—2019.Copyright©2014,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 18:36:55 ET on 06/07/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is licensed for one-time use only,a / be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 223 User Notes: (1400 Item#18. § 1.1.9 The persons or entities,in addition to the Owner's representative,who are required to review the Architect's submittals to the Owner are as follows: (List name, address, and other contact information) Not applicable. § 1.1.10 The Owner shall retain the following consultants and contractors: (List name, legal status, address, and other contact information) .1 Construction Manager: (The Construction Manager is identified on the cover page.If a Construction Manager has not been retained as of the date of this Agreement,state the anticipated date of retention. If the Architect is to assist the Owner in selecting the Construction Manager, complete Section 4.1.1.1) Engineered Structures,Inc. .2 Land Surveyor: Not by Owner;included in services of Architect. .3 Geotechnical Engineer: By owner,Atlas Geotechnical Services .4 Civil Engineer: Not by Owner;included in services of Architect. .5 Other consultants and contractors: (List any other consultants and contractors retained by the Owner.) None identified at this time. § 1.1.11 The Architect identifies the following representative in accordance with Section 2.4: (List name, address, and other contact information) Gunnar R.Gladics,Project Manager ggladics@rfinarch.com phone:360.377.8773 Rice Fergus Miller,Inc. 275 51h St.4100 Bremerton,WA 98337 § 1.1.12 The Architect shall retain the consultants identified in Sections 1.1.12.1 and 1.1.12.2: (List name, legal status, address, and other contact information) § 1.1.12.1 Consultants retained under Basic Services: .1 Structural Engineer: KPFF Judsen Williams SE Principal Engineer Judsen.williams@kpff.com Phone: 208.336.6985 412 E. Parkcenter Blvd. Suite 200 Boise,ID 83706 Init. AIA Document B133'"—2019.Copyright 0 2014,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 18:36:55 ET on 06/07/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is licensed for one-time use only,a / be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 224 User Notes: (1400 Item#18. .2 Mechanical Engineer: Cator Ruma Brittany Austin Project Engineer baustin@caton-uma.com Phone:208.343.3663 420 S.Orchard Street Boise,ID 83705 .3 Electrical Engineer: Cator Ruma Kyle Olsen PE Project Engineer kolsen@catorruma.com Phone:208.343.3663 420 S.Orchard Street Boise,ID 83705 .4 Associate Architect: Pivot North Architecture Clint Sievers AIA,Project Architect clint@pivotnorthdesi ng com Phone:208.690.3108 1101 West Grove St. Boise,ID 83702 § 1.1.12.2 Consultants retained under Supplemental Services: .5 Civil Engineer(included in Architect's Basic Services fee): Eric Cronin PE, Project Engineer eric(&thelandgroupinc.com Phone:208.939.4041 462 E Shore Dr.#100 Eagle,ID 83616 .6 Landscape Architecture(included in Architect's Basic Services fee): Bob Schafer,Landscape Architect bob(a-)thelandaroupinc.com Phone: 208.939.4041 462 E Shore Dr.#100 Eagle,ID 83616 .7 IT Design(included in Architect's Basic Services fee): Kyle Olsen PE,Project Engineer kolsen(&catornuna.com Phone:208.343.3663 420 S.Orchard Street Boise,ID 83705 § 1.1.13 Other Initial Information on which the Agreement is based: Init. AIA Document B133'"—2019.Copyright 02014,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 18:36:55 ET on 06/07/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is licensed for one-time use only,a / be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 225 User Notes: (1400 Item#18. § 1.2 The Owner and Architect may rely on the Initial Information.Both parties,however,recognize that the Initial Information may materially change and,in that event,the Owner and the Architect shall appropriately adjust the Architect's services,schedule for the Architect's services,and the Architect's compensation(if required) § 1.3 The parties shall agree upon protocols governing the transmission and use of Instruments of Service or any other information or documentation in digital form. § 1.3.1 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, shall be at the using or relying parry'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 ARCHITECT'S RESPONSIBILITIES § 2.1 The Architect shall provide professional services as set forth in this Agreement.The Architect represents that it is properly licensed in the jurisdiction where the Project is located to provide the services required by this Agreement,or shall cause such services to be performed by appropriately licensed design professionals. § 2.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances.The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. § 2.3 The Architect shall provide its services in conjunction with the services of a Construction Manager as described in the agreement identified in Section 1.1.5.The Architect shall not be responsible for actions taken by the Construction Manager. § 2.4 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the Project. § 2.5 Except with the Owner's knowledge and consent,the Architect shall not engage in any activity,or accept any employment,interest or contribution that would reasonably appear to compromise the Architect's professional judgment with respect to this Project. § 2.6 Insurance.The Architect shall maintain the following insurance until termination of this Agreement.If any of the requirements set forth below are in addition to the types and limits the Architect normally maintains,the Owner shall pay the Architect as set forth in Section 11.9. § 2.6.1 Commercial General Liability with policy limits of not less than Two Million Dollars($2,000,000.00.)for each occurrence and Two Million Dollars($2,000,000.00.) in the aggregate for bodily injury and property damage. § 2.6.2 Automobile Liability covering vehicles owned,and non-owned vehicles used,by the Architect with policy limits of not less than One Million Dollars($1,000,000.00)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. § 2.6.3 The Architect may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess or umbrella liability insurance,provided such primary and excess or umbrella liability insurance policies result in the same or greater coverage as the coverages required under Sections 2.6.1 and 2.6.2,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. § 2.6.4 Workers' Compensation at statutory limits. § 2.6.5 Intentionally Deleted. § 2.6.6 Professional Liability covering negligent acts,errors and omissions in the performance of professional services, with policy limits of not less than Five Million Dollars($5,000,000.00)per claim and Five Million Dollars ($5,000,000.00)in the aggregate. Init. AIA Document B133'"—2019.Copyright©2014,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 18:36:55 ET on 06/07/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is licensed for one-time use only,a / be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 226 User Notes: (1400 Item#18. § 2.6.7 Additional Insured Obligations.The Architect shall cause the primary and excess or umbrella polices for Commercial General Liability and Automobile Liability to include the Owner as an additional insured.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. § 2.6.8 The Architect shall provide certificates of insurance to the Owner that evidence compliance with the requirements in this Section 2.6. ARTICLE 3 SCOPE OF ARCHITECT'S BASIC SERVICES § 3.1 The Architect's Basic Services consist of those described in this Article 3 and include usual and customary structural,mechanical,and electrical engineering services. Services not set forth in this Article 3 are Supplemental or Additional Services. § 3.1.1 The Architect shall manage the Architect's services,research applicable design criteria,attend Project meetings, communicate with members of the Project team,and report progress to the Owner. § 3.1.2 The Architect shall coordinate its services with those services provided by the Owner,the Construction Manager, and the Owner's consultants.The Architect shall be entitled to rely on,and shall not be responsible for,the accuracy, completeness,and timeliness of,services and information furnished by the Owner,the Construction Manager,and the Owner's consultants.The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any error,omission,or inconsistency in such services or information. § 3.1.3 As soon as practicable after the date of this Agreement,the Architect shall submit,for the Construction Manager's review and the Owner's approval,a schedule for the performance of the Architect's services.The schedule shall include design phase milestone dates,as well as the anticipated dates for the commencement of construction and for Substantial Completion of the Work as set forth in the Initial Information.The schedule shall include allowances for periods of time required for the Owner's review,for the Construction Manager's review,for the performance of the Construction Manager's Preconstruction Phase services,for the performance of the Owner's consultants,and for approval of submissions by authorities having jurisdiction over the Project.Once approved by the Owner,time limits established by the schedule shall not,except for reasonable cause,be exceeded by the Architect or Owner.With the Owner's approval, the Architect shall adjust the schedule,if necessary,as the Project proceeds until the commencement of construction. § 3.1.4 The Architect shall submit information to the Construction Manager and participate in developing and revising the Project schedule as it relates to the Architect's services.The Architect shall review and approve,or take other appropriate action upon,the portion of the Project schedule relating to the performance of the Architect's services. §3.1.5 The Architect shall not be responsible for an Owner's directive or substitution,or for the Owner's acceptance of non-conforming work,made or given without the Architect's written approval. § 3.1.6 The Architect shall,in coordination with the Construction Manager,contact governmental authorities required to approve the Construction Documents and entities providing utility services to the Project.The Architect shall respond to applicable design requirements imposed by those authorities and entities. § 3.1.7 The Architect shall assist the Owner and Construction Manager in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. § 3.1.8 Prior to the Owner's acceptance of the Construction Manager's Guaranteed Maximum Price proposal,or the Owner's approval of the Construction Manager's Control Estimate,as applicable,the Architect shall consider the Construction Manager's requests for substitutions and,upon written request of the Construction Manager,provide clarification or interpretations pertaining to the Drawings,Specifications,and other documents submitted by the Architect.The Architect and Construction Manager shall include the Owner in communications related to substitution requests,clarifications,and interpretations. § 3.1.9 Concept Design and Entitlement Support PROVIDED UNDER SEPARATE CONTRACT Init. AIA Document B133'"—2019.Copyright©2014,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 18:36:55 ET on 06/07/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is licensed for one-time use only,a / be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 227 User Notes: (1400 Item#18. §3.2 Review of the Construction Manager's Guaranteed Maximum Price Proposal or Control Estimate-NOT INCLUDED IN CONTRACT OR FEE § 3.2.1 At a time to be mutually agreed upon by the Owner and the Construction Manager,the Construction Manager shall prepare,for review by the Owner and Architect,and for the Owner's acceptance or approval,a Guaranteed Maximum Price proposal or Control Estimate.The Architect shall assist the Owner in reviewing the Construction Manager's proposal or estimate.The Architect's review is not for the purpose of discovering errors,omissions,or inconsistencies;for the assumption of any responsibility for the Construction Manager's proposed means,methods,sequences,techniques,or procedures;or for the verification of any estimates of cost or estimated cost proposals.In the event that the Architect discovers any inconsistencies or inaccuracies in the information presented,the Architect shall promptly notify the Owner and Construction Manager. § 3.2.2 Upon authorization by the Owner,and subject to Section 4.2.1.14,the Architect shall update the Drawings, Specifications,and other documents to incorporate the agreed upon assumptions and clarifications contained in the Guaranteed Maximum Price Amendment or Control Estimate. § 3.3 Schematic Design Phase Services-PROVIDED UNDER SEPARATE CONTRACT § 3.3.1 The Architect shall review the program,and other information furnished by the Owner and Construction Manager, and shall review laws,codes,and regulations applicable to the Architect's services. § 3.3.2 The Architect shall prepare a preliminary evaluation of the Owner's program,schedule,budget for the Cost of the Work,Project site,and other Initial Information,each in terms of the other,to ascertain the requirements of the Project. The Architect shall notify the Owner of(1)any inconsistencies discovered in the information,and(2)other information or consulting services that may be reasonably needed for the Project. § 3.3.3 The Architect shall present its preliminary evaluation to the Owner and Construction Manager and shall discuss with the Owner and Construction Manager alternative approaches to design and construction of the Project.The Architect shall reach an understanding with the Owner regarding the requirements of the Project. § 3.3.4 Based on the Project requirements agreed upon with the Owner,the Architect shall prepare and present,to the Owner and Construction Manager,for the Owner's approval,a preliminary design illustrating the scale and relationship of the Project components. § 3.3.5 Based on the Owner's approval of the preliminary design,the Architect shall prepare Schematic Design Documents for Construction Manager's review and the Owner's approval.The Schematic Design Documents shall consist of drawings and other documents including a site plan,if appropriate,and preliminary building plans,sections and elevations;and may include some combination of study models,perspective sketches,or digital representations. Preliminary selections of major building systems and construction materials shall be noted on the drawings or described in writing. § 3.3.5.1 The Architect shall consider sustainable design alternatives,such as material choices and building orientation, together with other considerations based on program and aesthetics,in developing a design that is consistent with the Owner's program,schedule and budget for the Cost of the Work.The Owner may obtain more advanced sustainable design services as a Supplemental Service under Section 4.1. § 3.3.5.2 The Architect shall consider with the Owner and the Construction Manager the value of alternative materials, building systems and equipment,together with other considerations based on program and aesthetics,in developing a design for the Project that is consistent with the Owner's program,schedule,and budget for the Cost of the Work. § 3.3.6 The Architect shall submit the Schematic Design Documents to the Owner and the Construction Manager.The Architect shall meet with the Construction Manager to review the Schematic Design Documents. § 3.3.7 Upon receipt of the Construction Manager's review comments and cost estimate at the conclusion of the Schematic Design Phase,the Architect shall take action as required under Section 6.4,and request the Owner's approval of the Schematic Design Documents.If revisions to the Schematic Design Documents are required to comply with the Owner's budget for the Cost of the Work at the conclusion of the Schematic Design Phase,the Architect shall incorporate the required revisions in the Design Development Phase. Init. AIA Document B133'"—2019.Copyright 02014,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 18:36:55 ET on 06/07/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is licensed for one-time use only,a / be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 228 User Notes: (1400 Item#18. § 3.3.8 In the further development of the Drawings and Specifications during this and subsequent phases of design,the Architect shall be entitled to rely on the accuracy of the estimates of the Cost of the Work,which are to be provided by the Construction Manager under the Construction Manager's agreement with the Owner. § 3.4 Design Development Phase Services § 3.4.1 Based on the Owner's approval of the Schematic Design Documents,and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work,the Architect shall prepare Design Development Documents for the Construction Manager's review and the Owner's approval.The Design Development Documents shall be based upon information provided,and estimates prepared by,the Construction Manager and shall illustrate and describe the development of the approved Schematic Design Documents and shall consist of drawings and other documents including plans,sections,elevations,typical construction details,and diagrammatic layouts of building systems to fix and describe the size and character of the Project as to architectural,structural,mechanical and electrical systems,and other appropriate elements.The Design Development Documents shall also include outline specifications that identify major materials and systems and establish in general their quality levels. § 3.4.2 Prior to the conclusion of the Design Development Phase,the Architect shall submit the Design Development Documents to the Owner and the Construction Manager.The Architect shall meet with the Construction Manager to review the Design Development Documents. § 3.4.3 Upon receipt of the Construction Manager's information and estimate at the conclusion of the Design Development Phase,the Architect shall take action as required under Sections 6.5 and 6.6 and request the Owner's approval of the Design Development Documents. § 3.5 Construction Documents Phase Services § 3.5.1 Based on the Owner's approval of the Design Development Documents,and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work,the Architect shall prepare Construction Documents for the Construction Manager's review and the Owner's approval.The Construction Documents shall illustrate and describe the further development of the approved Design Development Documents and shall consist of Drawings and Specifications setting forth in detail the quality levels and performance criteria of materials and systems and other requirements for the construction of the Work.The Owner and Architect acknowledge that,in order to perform the Work,the Construction Manager will provide additional information,including Shop Drawings,Product Data,Samples and other similar submittals,which the Architect shall review in accordance with Section 3.6.4. § 3.5.2 The Architect shall incorporate the design requirements of governmental authorities having jurisdiction over the Project into the Construction Documents. § 3.5.3 During the development of the Construction Documents,if requested by the Owner,the Architect shall assist the Owner and Construction Manager in the development and preparation of(1)the Conditions of the Contract for Construction(General,Supplementary and other Conditions)and(2)a project manual that includes the Conditions of the Contract for Construction and Specifications,and may include sample forms. § 3.5.4 Prior to the conclusion of the Construction Documents Phase,the Architect shall submit the Construction Documents to the Owner and the Construction Manager.The Architect shall meet with the Construction Manager to review the Construction Documents. § 3.5.5 Upon receipt of the Construction Manager's information and estimate at the conclusion of the Construction Documents Phase,the Architect shall take action as required under Section 6.7,and request the Owner's approval of the Construction Documents. § 3.6 Construction Phase Services § 3.6.1 General § 3.6.1.1 The Architect shall provide administration of the Contract between the Owner and the Construction Manager as set forth below and in AIA Document A201T114-2017,General Conditions of the Contract for Construction.If the Owner and Construction Manager modify ATA Document A201-2017,those modifications shall not affect the Architect's Init. AIA Document B133'"—2019.Copyright 02014,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 18:36:55 ET on 06/07/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is licensed for one-time use only,a / be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 229 User Notes: (1 400 Item#18. services under this Agreement unless the Owner and the Architect amend this Agreement.The term"Contractor"as used in A201-2017 shall mean the Construction Manager. § 3.6.1.2 Subject to Section 4.2,the Architect's responsibility to provide Construction Phase Services commences upon the Owner's acceptance of the Construction Manager's Guaranteed Maximum Price proposal,the Owner's approval of the Construction Manager's Control Estimate,or by a written agreement between the Owner and Construction Manager which sets forth a description of the Work to be performed by the Construction Manager prior to such acceptance or approval. Subject to Section 4.2,and except as provided in Section 3.6.6.5,the Architect's responsibility to provide Construction Phase Services terminates on the date the Architect issues the final Certificate for Payment. § 3.6.1.3 The Architect shall advise and consult with the Owner and Construction Manager during the Construction Phase Services.The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement. The Architect shall not have control over,charge of,or responsibility for the construction means,methods,techniques, sequences or procedures,or for safety precautions and programs in connection with the Work,nor shall the Architect be responsible for the Construction Manager's failure to perform the Work in accordance with the requirements of the Contract Documents.The Architect shall be responsible for the Architect's negligent acts or omissions,but shall not have control over or charge of,and shall not be responsible for,acts or omissions of the Construction Manager or of any other persons or entities performing portions of the Work. § 3.6.2 Evaluations of the Work § 3.6.2.1 The Architect shall visit the site at intervals appropriate to the stage of construction,or as otherwise required in Section 4.2.3,to become generally familiar with the progress and quality of the portion of the Work completed,and to determine,in general,if the Work observed is being performed in a manner indicating that the Work,when fully completed,will be in accordance with the Contract Documents.However,the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work.On the basis of the site visits,the Architect shall 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 Construction Manager,and(3)defects and deficiencies observed in the Work. § 3.6.2.2 The Architect has the authority to reject Work that does not conform to the Contract Documents.Whenever the Architect considers it necessary or advisable,the Architect shall have the authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents,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 Construction Manager, Subcontractors,suppliers,their agents or employees,or other persons or entities performing portions of the Work. § 3.6.2.3 The Architect shall interpret and decide matters concerning performance under,and requirements of,the Contract Documents on written request of either the Owner or Construction Manager.The Architect's response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 3.6.2.4 Interpretations and decisions of the Architect shall be consistent with the intent of,and reasonably inferable from,the Contract Documents and shall be in writing or in the form of drawings.When making such interpretations and decisions,the Architect shall endeavor to secure faithful performance by both Owner and Construction Manager,shall not show partiality to either,and shall not be liable for results of interpretations or decisions rendered in good faith.The Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents subject to written approval of the Owner. § 3.6.2.5 Unless the Owner and Construction Manager designate another person to serve as an Initial Decision Maker,as that term is defined in AIA Document A201-2017,the Architect shall render initial decisions on Claims between the Owner and Construction Manager as provided in the Contract Documents. § 3.6.3 Certificates for Payment to Construction Manager § 3.6.3.1 The Architect shall review and certify the amounts due the Construction Manager and shall issue certificates in such amounts.The Architect's certification for payment shall constitute a representation to the Owner,based on the Architect's evaluation of the Work as provided in Section 3.6.2 and on the data comprising the Construction Manager's Application for Payment,that,to the best of the Architect's knowledge,information and belief,the Work has progressed Init. AIA Document B133'"—2019.Copyright©2014,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 18:36:55 ET on 06/07/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is licensed for one-time use only,a / be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 230 User Notes: (1400 Item#18. to the point indicated,the quality of the Work is in accordance with the Contract Documents,and that the Construction Manager is entitled to payment in the amount certified.The foregoing representations are subject to(1)an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion,(2)results of subsequent tests and inspections,(3)correction of minor deviations from the Contract Documents prior to completion,and(4)specific qualifications expressed by the Architect. § 3.6.3.2 The issuance of a Certificate for Payment shall not be a representation that the Architect has(1)made exhaustive or continuous on-site inspections to check the quality or quantity of the Work,(2)reviewed construction means,methods, techniques,sequences or procedures,(3)reviewed copies of requisitions received from Subcontractors and suppliers and other data requested by the Owner to substantiate the Construction Manager's right to payment,or(4)ascertained how or for what purpose the Construction Manager has used money previously paid on account of the Contract Sum. § 3.6.3.3 The Architect shall maintain a record of the Applications and Certificates for Payment. § 3.6.4 Submittals § 3.6.4.1 The Architect shall review the Construction Manager's submittal schedule and shall not unreasonably delay or withhold approval of the schedule.The Architect's action in reviewing submittals shall be taken in accordance with the approved submittal schedule 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. § 3.6.4.2 The Architect shall review and approve,or take other appropriate action upon,the Construction Manager'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.Review of such submittals is not for the purpose of determining the accuracy and completeness of other information such as dimensions, quantities,and installation or performance of equipment or systems,which are the Construction Manager's responsibility. The Architect's review shall not constitute approval of safety precautions or 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. § 3.6.4.3 If the Contract Documents specifically require the Construction Manager to provide professional design services or certifications by a design professional related to systems,materials,or equipment,the Architect shall specify the appropriate performance and design criteria that such services must satisfy.The Architect shall review and take appropriate action on Shop Drawings and other submittals related to the Work designed or certified by the Construction Manager's design professional,provided the submittals bear such professional's seal and signature when submitted to the Architect.The Architect's review shall be for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents.The Architect shall be entitled to rely upon,and shall not be responsible for,the adequacy and accuracy of the services,certifications,and approvals performed or provided by such design professionals. § 3.6.4.4 Subject to Section 4.2,the Architect shall review and respond to requests for information about the Contract Documents.The Architect shall set forth,in the Contract Documents,the requirements for requests for information. Requests for information shall include,at a minimum,a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested.The Architect's response to such requests shall be made in writing within any time limits agreed upon,or otherwise with reasonable promptness.If appropriate,the Architect shall prepare and issue supplemental Drawings and Specifications in response to the requests for information. § 3.6.4.5 The Architect shall maintain a record of submittals and copies of submittals supplied by the Construction Manager in accordance with the requirements of the Contract Documents. § 3.6.5 Changes in the Work § 3.6.5.1 Subject to Owner's approval,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. Subject to Section 4.2,the Architect shall prepare Change Orders and Construction Change Directives for the Owner's approval and execution in accordance with the Contract Documents. § 3.6.5.2 The Architect shall maintain records relative to changes in the Work. Init. AIA Document B133'"—2019.Copyright©2014,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 18:36:55 ET on 06/07/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is licensed for one-time use only,a / be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 231 User Notes: (1400 Item#18. § 3.6.6 Project Completion—NOT INCLUDED IN CONTRACT OR FEE § 3.6.6.1 The Architect shall: .1 conduct inspections to determine the date or dates of Substantial Completion and the date of final completion; .2 issue Certificates of Substantial Completion; .3 forward to the Owner,for the Owner's review and records,written warranties and related documents required by the Contract Documents and received from the Construction Manager;and .4 issue a final Certificate for Payment based upon a final inspection indicating that,to the best of the Architect's knowledge,information,and belief,the Work complies with the requirements of the Contract Documents. § 3.6.6.2 The Architect's inspections shall be conducted with the Owner to(1)check conformance of the Work with the requirements of the Contract Documents and(2)verify the accuracy and completeness of the list submitted by the Construction Manager of Work to be completed or corrected. § 3.6.6.3 When Substantial Completion has been achieved,the Architect shall inform the Owner about the balance of the Contract Sum remaining to be paid the Construction Manager,including the amount to be retained from the Contract Sum, if any,for final completion or correction of the Work. § 3.6.6.4 The Architect shall forward to the Owner the following information received from the Construction Manager:(1) consent of surety or sureties,if any,to reduction in or partial release of retainage or the making of final payment;(2) affidavits,receipts,releases and waivers of liens,or bonds indemnifying the Owner against liens;and(3)any other documentation required of the Construction Manager under the Contract Documents. § 3.6.6.5 Upon request of the Owner,and prior to the expiration of one year from the date of Substantial Completion,the Architect shall,without additional compensation,conduct a meeting with the Owner to review the facility operations and performance. ARTICLE 4 SUPPLEMENTAL AND ADDITIONAL SERVICES § 4.1 Supplemental Services § 4.1.1 The services listed below are not included in Basic Services but may be required for the Project.The Architect shall provide the listed Supplemental Services only if specifically designated in the table below as the Architect's responsibility,and the Owner shall compensate the Architect as provided in Section 11.2.Unless otherwise specifically addressed in this Agreement,if neither the Owner nor the Architect is designated,the parties agree that the listed Supplemental Service is not being provided for the Project. (Designate the Architect's Supplemental Services and the Owner's Supplemental Services required for the Project by indicating whether the Architect or Owner shall be responsible for providing the identified Supplemental Service.Insert a description of the Supplemental Services in Section 4.1.2 below or attach the description of services as an exhibit to this Agreement.) Init. AIA Document B133'"—2019.Copyright©2014,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 18:36:55 ET on 06/07/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is licensed for one-time use only,a / be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 232 User Notes: (1 400 Item#18. Supplemental Services Responsibility Architect, Owner, or notprovided) 4.1.1.1 Assistance with Selection of Construction Manager Not Provided 4.1.1.2 Programming Provided under previous contract 4.1.1.3 Multiple Preliminary Designs Not Provided 4.1.1.4 Measured drawings Not Provided 4.1.1.5 Existing facilities surveys Not Provided 4.1.1.6 Site evaluation and planning Provided under previous contract 4.1.1.7 Building Information Model management responsibilities Not Provided § 4.1.1.8 Development of Building Information Models for post Not Provided construction use 4.1.1.9 Civil engineering Architect under Basic Services 4.1.1.10 Landscape design Architect under Basic Services 4.1.1.11 Architectural interior design Architect under Basic Services 4.1.1.12 Value analysis Not Provided 4.1.1.13 Cost estimating Not Provided 4.1.1.14 On-site project representation Not Provided 4.1.1.15 Conformed documents for construction Not Provided 4.1.1.16 As-designed record drawings Not Provided 4.1.1.17 As-constructed record drawings Not Provided 4.1.1.18 Post-occupancy evaluation Not Provided 4.1.1.19 Facility support services Not Provided 4.1.1.20 Tenant-related services Not Provided 4.1.1.21 Architect's coordination of the Owner's consultants Not Provided § 4.1.1.22 Alerting and emergency response systems,including Not Provided antennas and audio equipment Row deleted 4.1.1.23 Security evaluation and planning Not Provided 4.1.1.24 Commissioning Not Provided 4.1.1.25 Sustainable Project Services pursuant to Section 4.1.3 Not Provided 4.1.1.26 Historic preservation Not Provided 4.1.1.27 Furniture,furnishings,and equipment design Not Provided 4.1.1.28 Other services provided by specialty Consultants Not Provided 4.1.1.29 Other Supplemental Services Not Provided § 4.1.1.30 Entitlements Provided under previous contract 4.1.1.31 Fire Station Traffic Si nalization Design Not Provided 4.1.1.32 IT and Data Design Architect under Basic Services § 4.1.2 Description of Supplemental Services § 4.1.2.1 A description of each Supplemental Service identified in Section 4.1.1 as the Architect's responsibility is provided in: None § 4.1.2.2 A description of each Supplemental Service identified in Section 4.1.1 as the Owner's responsibility is provided below. None Init. AIA Document B133'"—2019.Copyright©2014,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 18:36:55 ET on 06/07/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is licensed for one-time use only,a I be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 233 User Notes: (1400 Item#18. § 4.1.3 Intentionally Deleted. § 4.2 Architect's Additional Services The Architect may provide Additional Services after execution of this Agreement without invalidating the Agreement. Except for services required due to the fault of the Architect,any Additional Services provided in accordance with this Section 4.2 shall entitle the Architect to compensation pursuant to Section 11.3 and an appropriate adjustment in the Architect's schedule. § 4.2.1 Upon recognizing the need to perform the following Additional Services,the Architect shall notify the Owner with reasonable promptness and explain the facts and circumstances giving rise to the need.The Architect shall not proceed to provide the following Additional Services until the Architect receives the Owner's written authorization: .1 Services necessitated by a change in the Initial Information,previous instructions or recommendations given by the Construction Manager or the Owner,approvals given by the Owner,or a material change in the Project including size,quality,complexity,the Owner's schedule or budget for Cost of the Work,or bid packages in addition to those listed in Section 1.1.6; .2 Making revisions in Drawings,Specifications,or other documents(as required pursuant to Section 6.7), when such revisions are required because the Construction Manager's estimate of the Cost of the Work, Guaranteed Maximum Price proposal,or Control Estimate exceeds the Owner's budget,except where such excess is due to changes initiated by the Architect in scope,capacities of basic systems,or the kinds and quality of materials,finishes,or equipment; .3 Services necessitated by the enactment or revision of codes,laws,or regulations,including changing or editing previously prepared Instruments of Service; .4 Changing or editing previously prepared Instruments of Service necessitated by official interpretations of applicable codes,laws or regulations that are either(a)contrary to specific interpretations by the applicable authorities having jurisdiction made prior to the issuance of the building permit,or(b)contrary to requirements of the Instruments of Service when those Instruments of Service were prepared in accordance with the applicable standard of care; .5 Services necessitated by decisions of the Owner or Construction Manager not rendered in a timely manner or any other failure of performance on the part of the Owner or the Owner's consultants or contractors; .6 Preparing digital models or other design documentation for transmission to the Owner's consultants and contractors,or to other Owner-authorized recipients; .7 Preparation of design and documentation for alternate bid or proposal requests proposed by the Owner or Construction Manager; .8 Preparation for,and attendance at,a public presentation,meeting or hearing; .9 Preparation for,and attendance at,a dispute resolution proceeding or legal proceeding,except where the Architect is party thereto; .10 Consultation concerning replacement of Work resulting from fire or other cause during construction;or .11 Assistance to the Initial Decision Maker,if other than the Architect; .12 Services necessitated by replacement of the Construction Manager or conversion of the Construction Manager as constructor project delivery method to an alternative project delivery method; .13 Services necessitated by the Owner's delay in engaging the Construction Manager; .14 Making revisions to the Drawings,Specifications,and other documents resulting from agreed-upon assumptions and clarifications included in the Guaranteed Maximum Price Amendment or Control Estimate;and .15 Making revisions to the Drawings,Specifications,and other documents resulting from substitutions included in the Guaranteed Maximum Price Amendment or Control Estimate. § 4.2.2 (Paragraphs deleted) Intentionally Deleted. § 4.2.3 The Architect shall provide Construction Phase Services exceeding the limits set forth below as Additional Services.When the limits below are reached,the Architect shall notify the Owner: 1 Two ( 2 )reviews of each Shop Drawing,Product Data item,sample and similar submittals of the Construction Manager .2 Thirty Two ( 32 )visits to the site by the Architect during construction Init. AIA Document B133'"—2019.Copyright©2014,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 18:36:55 ET on 06/07/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is licensed for one-time use only,a / be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 234 User Notes: (1400 Item#18. 3 Two ( 2 )inspections for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents .4 Two ( 2 )inspections for any portion of the Work to determine final completion § 4.2.4 Except for services required under Section 3.6.6.5 and those services that do not exceed the limits set forth in Section 4.2.3,Construction Phase Services provided more than 60 days after(1)the date of Substantial Completion of the Work or(2)the initial date of Substantial Completion identified in the agreement between the Owner and Contractor, whichever is earlier,shall be compensated as Additional Services to the extent the Architect incurs additional cost in providing those Construction Phase Services. § 4.2.5 Subject to the Owner's prior approval,the services covered by this Agreement have not been completed within twelve(24)months of the date of this Agreement,through no fault of the Architect,extension of the Architect's services beyond that time may be compensated as Additional Services. ARTICLE 5 OWNER'S RESPONSIBILITIES § 5.1 Unless otherwise provided for under this Agreement,the Owner shall provide information in a timely manner regarding requirements for and limitations on the Project,including a written program which shall set forth the Owner's objectives;schedule;constraints and criteria,including space requirements and relationships;flexibility;expandability; special equipment; systems;and site requirements. § 5.2 The Owner shall retain a Construction Manager to provide services,duties,and responsibilities as described in the agreement selected in Section 1.1.5. § 5.3 The Owner shall establish the Owner's budget for the Project,including(1)the budget for the Cost of the Work as defined in Section 6.1;(2)the Owner's other costs;and,(3)reasonable contingencies related to all of these costs.The Owner shall update the Owner's budget for the Project as necessary throughout the duration of the Project until final completion.If the Owner significantly increases or decreases the Owner's budget for the Cost of the Work,the Owner shall notify the Architect and Construction Manager.The Owner and the Architect,in consultation with the Construction Manager,shall thereafter agree to a corresponding change in the Project's scope and quality. § 5.3.1 The Owner acknowledges that accelerated,phased or fast-track scheduling provides a benefit,but also carries with it associated risks. Such risks include the Owner incurring costs for the Architect to coordinate and redesign portions of the Project affected by procuring or installing elements of the Project prior to the completion of all relevant Construction Documents,and costs for the Construction Manager to remove and replace previously installed Work.if the Owner selects accelerated,phased or fast-track scheduling,the Owner agrees to include in the budget for the Project sufficient contingencies to cover such costs. § 5.4 The Owner shall identify a representative authorized to act on the Owner's behalf with respect to the Project.The Owner shall render decisions and approve the Architect's submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. § 5.5 The Owner shall furnish surveys to describe physical characteristics,and 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. § 5.6 The Owner 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. § 5.7 The Owner shall provide the Supplemental Services designated as the Owner's responsibility in Section 4.1.1. Init. AIA Document B133'"—2019.Copyright 02014,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 -19 software at 18:36:55 ET on 06/07/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is licensed for one-time use only,a / be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 235 User Notes: (1 400 Item#18. § 5.8 If the Owner identified a Sustainable Objective in Article 1,the Owner shall fulfill its responsibilities as required in AIA Document E234Tw-2019,Sustainable Projects Exhibit,Construction Manager as Constructor Edition,attached to this Agreement. § 5.9 The Owner shall coordinate the services of its own consultants with those services provided by the Architect.Upon the Architect's request,the Owner shall furnish copies of the scope of services in the contracts between the Owner and the Owner's consultants.The Owner shall furnish the services of consultants other than those designated as the responsibility of the Architect in this Agreement,or authorize the Architect to furnish them as an Additional Service,when the Architect requests such services and demonstrates that they are reasonably required by the scope of the Project.The Owner shall require that its consultants and contractors maintain insurance,including professional liability insurance,as appropriate to the services or work provided. § 5.10 The Owner shall furnish tests,inspections and reports required by law or the Contract Documents,such as structural,mechanical,and chemical tests,tests for air and water pollution,and tests for hazardous materials. § 5.11 The Owner shall furnish all legal,insurance and accounting services,including auditing services,that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. § 5.12 The Owner shall provide prompt written notice to the Architect and Construction Manager if the Owner becomes aware of any fault or defect in the Project,including errors,omissions or inconsistencies in the Architect's Instruments of Service. § 5.13 The Owner shall include the Architect in all communications with the Construction Manager 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 Construction Manager otherwise relating to the Project. Communications by and with the Architect's consultants shall be through the Architect. § 5.14 The Owner shall coordinate the Architect's duties and responsibilities set forth in the Agreement between the Owner and the Construction Manager with the Architect's services set forth in this Agreement.The Owner shall provide the Architect a copy of the executed agreement between the Owner and Construction Manager,including the General Conditions of the Contract for Construction. § 5.15 The Owner shall provide the Architect access to the Project site prior to commencement of the Work and shall obligate the Construction Manager to provide the Architect access to the Work wherever it is in preparation or progress. § 5.16 Within 15 days after receipt of a written request from the Architect,the Owner shall furnish the requested information as necessary and relevant for the Architect to evaluate,give notice of,or enforce lien rights. ARTICLE 6 COST OF THE WORK § 6.1 For purposes of this Agreement,the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include the Construction Manager's general conditions costs, overhead,and profit.The Cost of the Work also includes the reasonable value of labor,materials,and equipment,donated to,or otherwise furnished by,the Owner.The Cost of the Work does not include the compensation of the Architect;the compensation of the Construction Manager for Preconstruction Phase services;the costs of the land,rights-of-way, financing,or contingencies for changes in the Work;or other costs that are the responsibility of the Owner. § 6.2 The Owner's budget for the Cost of the Work is provided in the Initial Information,and shall be adjusted throughout the Project as required under Sections 5.3 and 6.4.Evaluations of the Owner's budget for the Cost of the Work represent the Architect's judgment as a design professional. § 6.3 The Owner shall require the Construction Manager to include appropriate contingencies for design,bidding or negotiating,price escalation,and market conditions in estimates of the Cost of the Work.The Architect shall be entitled to rely on the accuracy and completeness of estimates of the Cost of the Work the Construction Manager prepares as the Architect progresses with its Basic Services.The Architect shall prepare,as an Additional Service,revisions to the Drawings,Specifications or other documents required due to the Construction Manager's inaccuracies or incompleteness in preparing cost estimates,or due to market conditions the Architect could not reasonably anticipate.The Architect may Init. AIA Document B133'"—2019.Copyright©2014,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 in software at 18:36:55 ET on 06/07/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is licensed for one-time use only,a / be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 236 User Notes: (1 400 Item#18. review the Construction Manager's estimates solely for the Architect's guidance in completion of its services,however, the Architect shall report to the Owner any material inaccuracies and inconsistencies noted during any such review. § 6.3.1 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 Architect and the Construction Manager shall work together to reconcile the cost estimates. § 6.4 If,prior to the conclusion of the Design Development Phase,the Construction Manager's estimate of the Cost of the Work exceeds the Owner's budget for the Cost of the Work,the Architect,in consultation with the Construction Manager, shall make appropriate recommendations to the Owner to adjust the Project's size,quality or budget for the Cost of the Work,and the Owner shall cooperate with the Architect in making such adjustments. § 6.5 If the Construction Manager's estimate of the Cost of the Work at the conclusion of the Design Development Phase exceeds the Owner's budget for the Cost of the Work,the Owner may .1 give written approval of an increase in the budget for the Cost of the Work; .2 intentionally deleted .3 in consultation with the Architect and Construction Manager,revise the Project program,scope,or quality as required to reduce the Cost of the Work;or .4 implement any other mutually acceptable alternative. § 6.6 If the Owner chooses to proceed under Section 6.5.3,the Architect,without additional compensation,shall incorporate the revisions in the Construction Documents Phase as necessary to comply with the Owner's budget for the Cost of the Work at the conclusion of the Design Development Phase Services,or the budget as adjusted under Section 6.5.1.The Architect's revisions in the Construction Documents Phase shall be the limit of the Architect's responsibility under this Article 6. § 6.7 Intentionally Deleted. ARTICLE 7 COPYRIGHTS AND LICENSES § 7.1 The Architect and the Owner warrant that in transmitting Instruments of Service,or any other information,the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use on the Project. § 7.2 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service,including the Drawings and Specifications,and shall retain all common law,statutory and other reserved rights,including copyrights.Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect's consultants. § 7.3 The Architect grants to the Owner a nonexclusive license to use the Architect's Instruments of Service solely and exclusively for purposes of constructing,using,maintaining,altering and adding to the Project,provided that the Owner substantially performs its obligations under this Agreement,including prompt payment of all sums due,pursuant to Article 9 and Article 11.The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement.The license granted under this section permits the Owner to authorize the Construction Manager,Subcontractors,Sub-subcontractors,and suppliers,as well as the Owner's consultants and separate contractors, to reproduce applicable portions of the Instruments of Service,subject to any protocols established pursuant to Section 1.3,solely and exclusively for use in performing services or construction for the Project.If the Architect rightfully terminates this Agreement for cause as provided in Section 9.4,the license granted in this Section 7.3 shall terminate. § 7.3.1 In the event the Owner uses the Instruments of Service without retaining the authors of the Instruments of Service, the Owner releases the Architect and Architect's consultant(s)from all claims and causes of action arising from such uses. The Owner,to the extent permitted by law,further agrees to indemnify and hold harmless the Architect and its consultants from all costs and expenses,including the cost of defense,related to claims and causes of action asserted by any third person or entity to the extent such costs and expenses arise from the Owner's use of the Instruments of Service under this Section 7.3.1.The terms of this Section 7.3.1 shall not apply if the Owner rightfully terminates this Agreement for cause under Section 9.4. Init. AIA Document B133'"—2019.Copyright©2014,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 18:36:55 ET on 06/07/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is licensed for one-time use only,a / be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 237 User Notes: (1400 Item#18. § 7.4 Except for the licenses granted in this Article 7,no other license or right shall be deemed granted or implied under this Agreement.The Owner shall not assign,delegate,sublicense,pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect.Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants. § 7.5 Except as otherwise stated in Section 7.3,the provisions of this Article 7 shall survive the termination of this Agreement. ARTICLE 8 CLAIMS AND DISPUTES § 8.1 General § 8.1.1 The Owner and Architect shall commence all claims and causes of action against the other and arising out of or related to this Agreement,whether in contract,tort,or otherwise,in accordance with the requirements of the binding dispute resolution method selected in this Agreement and within the period specified by applicable law,but in any case not more than 10 years after the date of Substantial Completion of the Work.The Owner and Architect waive all claims and causes of action not commenced in accordance with this Section 8.1.1. § 8.1.2 To the extent damages are covered by property insurance,the Owner and Architect waive all rights against each other and against the contractors,consultants,agents and employees of the other for damages,except such rights as they may have to the proceeds of such insurance as set forth in AIA Document A201-2017,General Conditions of the Contract for Construction.The Owner or the Architect,as appropriate,shall require of the Construction Manager,contractors, consultants,agents and employees of any of them,similar waivers in favor of the other parties enumerated herein. § 8.1.3 The Architect shall indemnify and hold the Owner and the Owner's officers and employees harmless from and against damages,losses and judgments arising from claims by third parties,including reasonable attorneys' fees and expenses recoverable under applicable law,but only to the extent they are caused by the negligent acts or omissions of the Architect,its employees and its consultants in the performance of professional services under this Agreement.The Architect's obligation to indemnify and hold the Owner and the Owner's officers and employees harmless does not include a duty to defend.The Architect's duty to indemnify the Owner under this Section 8.1.3 shall be limited to the available proceeds of the insurance coverage required by this Agreement. § 8.1.4 The Architect and Owner waive consequential damages for claims,disputes,or other matters in question arising out of or relating to this Agreement.This mutual waiver is applicable,without limitation,to all consequential damages due to either parry's termination of this Agreement,except as specifically provided in Section 9.7. § 8.2 Mediation § 8.2.1 Any claim,dispute,or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to binding dispute resolution.If such matter relates to or is the subject of a lien arising out of the Architect's services,the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by binding dispute resolution. § 8.2.2 The Owner and Architect shall endeavor to resolve claims,disputes and other matters in question between them by mediation,which,unless the parties mutually agree otherwise,shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of this Agreement.A request for mediation shall be made in writing,delivered to the other party to this Agreement,and filed with the person or entity administering the mediation.The request may be made concurrently with the filing of a complaint or other appropriate demand for binding dispute resolution but,in such event,mediation shall proceed in advance of binding dispute resolution proceedings,which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order.If an arbitration proceeding is stayed pursuant to this section,the parties may nonetheless proceed to the selection of the arbitrator(s)and agree upon a schedule for later proceedings. § 8.2.3 The parties shall share the mediator's fee and any filing fees equally.The mediation shall be held in the place where the Project is located,unless another location is mutually agreed upon.Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. § 8.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 8.2,the method of binding dispute resolution shall be the following: Init. AIA Document B133'"—2019.Copyright©2014,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 42 software at 18:36:55 ET on 06/07/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is licensed for one-time use only,a / be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 238 User Notes: (1400 Item#18. (Check the appropriate box.) [ ] Arbitration pursuant to Section 8.3 of this Agreement [X] Litigation in a court of competent jurisdiction [ ] Other: (Spec) If the Owner and Architect 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,the dispute will be resolved in a court of competent jurisdiction. (Paragraphs deleted) § 8.3 Intentionally Deleted ARTICLE 9 TERMINATION OR SUSPENSION § 9.1 If the Owner fails to make payments to the Architect in accordance with this Agreement,such failure shall be considered substantial nonperformance and cause for termination or,at the Architect's option,cause for suspension of performance of services under this Agreement.If the Architect elects to suspend services,the Architect shall give seven days'written notice to the Owner before suspending services.In the event of a suspension of services,the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services.Before resuming services,the Owner shall pay the Architect all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's services.The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 9.2 If the Owner suspends the Project,the Architect shall be compensated for services performed prior to notice of such suspension.When the Project is resumed,the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect's services.The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 9.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Architect, the Architect may terminate this Agreement by giving not less than seven days'written notice. § 9.4 Either party may terminate this Agreement upon not less than seven days'written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. § 9.5 The Owner may terminate this Agreement upon not less than seven days'written notice to the Architect for the Owner's convenience and without cause. § 9.6 If the Owner terminates this Agreement for its convenience pursuant to Section 9.5,or the Architect terminates this Agreement pursuant to Section 9.3,the Owner shall compensate the Architect for services performed prior to termination, Reimbursable Expenses incurred,and costs attributable to termination,including the costs attributable to the Architect's termination of consultant agreements. § 9.7 (Paragraphs deleted) Intentionally Deleted § 9.8 Intentionally Deleted § 9.9 The Owner's rights to use the Architect's Instruments of Service in the event of a termination of this Agreement are set forth in Article 7 and Section 9.7. Init. AIA Document B133'"—2019.Copyright©2014,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 40 software at 18:36:55 ET on 06/07/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is licensed for one-time use only,a / be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 239 User Notes: (1400 Item#18. ARTICLE 10 MISCELLANEOUS PROVISIONS § 10.1 This Agreement shall be governed by the law of the place where the Project is located,excluding that jurisdiction's choice of law rules.If the parties have selected arbitration as the method of binding dispute resolution,the Federal Arbitration Act shall govern Section 8.3. § 10.2 Terms in this Agreement shall have the same meaning as those in AIA Document A201-2017,General Conditions of the Contract for Construction,except as modified in this Agreement.The term"Contractor"as used in A201-2017 shall mean the Construction Manager. § 10.3 The Owner and Architect,respectively,bind themselves,their agents,successors,assigns,and legal representatives to this Agreement.Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other,except that the Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner's rights and obligations under this Agreement,including any payments due to the Architect by the Owner prior to the assignment. § 10.4 If the Owner requests the Architect to execute certificates,the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution.If the Owner requests the Architect to execute consents reasonably required to facilitate assignment to a lender,the Architect shall execute all such consents that are consistent with this Agreement,provided the proposed consent is submitted to the Architect for review at least 14 days prior to execution.The Architect shall not be required to execute certificates or consents that would require knowledge,services,or responsibilities beyond the scope of this Agreement. § 10.5 Nothing contained in this Agreement shall create a contractual relationship with,or a cause of action in favor of,a third party against either the Owner or Architect. § 10.6 Unless otherwise required in this Agreement,the Architect shall have no responsibility for the discovery,presence, handling,removal or disposal of,or exposure of persons to,hazardous materials or toxic substances in any form at the Project site. § 10.7 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials.The Architect shall be given reasonable access to the completed Project to make such representations.However,the Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary.The Owner shall provide professional credit for the Architect in the Owner's promotional materials for the Project.This Section 10.7 shall survive the termination of this Agreement unless the Owner terminates this Agreement for cause pursuant to Section 9.4. § 10.8 If the Architect or Owner receives information specifically designated as"confidential"or"business proprietary," the receiving party shall keep such information strictly confidential and shall not disclose it to any other person except as set forth in Section 10.8.1.This Section 10.8 shall survive the termination of this Agreement. § 10.8.1 The receiving party may disclose"confidential"or"business proprietary"information after 7 days'notice to the other parry,when required by law,arbitrator's order,or court order,including a subpoena or other form of compulsory legal process issued by a court or governmental entity,or to the extent such information is reasonably necessary for the receiving party to defend itself in any dispute.The receiving party may also disclose such information to its employees, consultants,or contractors in order to perform services or work solely and exclusively for the Project,provided those employees,consultants and contractors are subject to the restrictions on the disclosure and use of such information as set forth in this Section 10.8. § 10.9 The invalidity of any provision of the Agreement shall not invalidate the Agreement or its remaining provisions.If it is determined that any provision of the Agreement 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 Agreement shall be construed,to the fullest extent permitted by law,to give effect to the parties'intentions and purposes in executing the Agreement. ARTICLE 11 COMPENSATION § 11.1 For the Architect's Basic Services described under Article 3,the Owner shall compensate the Architect as follows: Init. AIA Document B133'"—2019.Copyright©2014,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 18:36:55 ET on 06/07/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is licensed for one-time use only,a / be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 240 User Notes: (1400 Item#18. 1. Stipulated Sum Design Development-Bidding Support:Three Hundred Thirty Thousand Five Hundred Twenty-six Dollars ($330,526.00) 2. Time&Expense to a Maximum Construction Administration:One Hundred Fifty-four Thousand Five Hundred Fifty Dollars($154,550.00) 3. Reimbursable Expenses Time and Expense at architects'cost to a Maximum of Twenty Thousand Dollars($20,000.00). Any request for reimbursement must be substantiated by a receipt. § 11.2 For the Architect's Supplemental Services designated in Section 4.1.1 and for any Sustainability Services required pursuant to Section 4.1.3,the Owner shall compensate the Architect as follows: (Insert amount of, or basis for, compensation. If necessary, list specific services to which particular methods of compensation apply.) Included in Architect's Basic Services fee listed above § 11.3 For Additional Services that may arise during the course of the Project,including those under Section 4.2,the Owner shall compensate the Architect as follows: To be negotiated prior to the performance of Additional Services. § 11.4 Compensation for Supplemental and Additional Services of the Architect's consultants when not included in Sections 11.2 or 11.3,shall be the amount invoiced to the Architect plus percent( %),or as follows: Not applicable. § 11.5 When compensation for Basic Services is based on a stipulated sum or a percentage basis,the proportion of compensation for each phase of services shall be as follows: Design Development Phase Thirty-five percent ( 35%) Construction Documents Phase Fifty-five percent ( 55%) Bidding Support Ten percent ( 10%) Total Basic Compensation One Hundred percent ( 100%) Design—Bidding Support The Owner acknowledges that with an accelerated Project delivery,multiple bid package process,or Construction Manager as constructor project delivery method,the Architect may be providing its services in multiple Phases simultaneously.Therefore,the Architect shall be permitted to invoice monthly in proportion to services performed in each Phase of Services,as appropriate. § 11.6 When compensation identified in Section 11.1 is on a percentage basis,progress payments for each phase of Basic Services shall be calculated by multiplying the percentages identified in this Article by the Owner's most recent budget for the Cost of the Work.Compensation paid in previous progress payments shall not be adjusted based on subsequent updates to the Owner's budget for the Cost of the Work. § 11.6.1 When compensation is on a percentage basis and any portions of the Project are deleted or otherwise not constructed,compensation for those portions of the Project shall be payable to the extent services are performed on those portions.The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. § 11.7 The hourly billing rates for services of the Architect and the Architect's consultants are set forth below.The rates shall be adjusted in accordance with the Architect's and Architect's consultants'normal review practices. (If'applicable, attach an exhibit of'hourly billing rates or insert them below) Init. AIA Document B133'"—2019.Copyright©2014,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 18:36:55 ET on 06/07/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is licensed for one-time use only,a / be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 241 User Notes: (1400 Item#18. As described in Exhibit A § 11.8 Compensation for Reimbursable Expenses § 11.8.1 Reimbursable Expenses are in addition to compensation for Basic,Supplemental,and Additional Services and include expenses incurred by the Architect and the Architect's consultants directly related to the Project,as follows: .1 Pre-Authorized out-of-town travel and subsistence per GSA allowance .2 Long distance services,dedicated data and communication services,teleconferences,Project web sites, and extranets; .3 Permitting and other fees required by authorities having jurisdiction over the Project; .4 Printing,reproductions,plots,and standard form documents; .5 Postage,handling,and delivery; .6 Deleted .7 Renderings,physical models,mock-ups,professional photography,and presentation materials requested by the Owner or required for the Project; .8 Deleted .9 All taxes levied on professional services and on reimbursable expenses; .10 Deleted. .11 Deleted. .12 Deleted. (Paragraph deleted) § 11.9 Deleted § 11.10 Payments to the Architect § 11.10.1 Initial Payments § 11.10.1.1 An initial payment of zero dollars($0.00)shall be made upon execution of this Agreement and is the minimum payment under this Agreement.It shall be credited to the Owner's account in the final invoice. § 11.10.1.2 Deleted § 11.10.2 Progress Payments § 11.10.2.1 Unless otherwise agreed,payments for services shall be made monthly in proportion to services performed. Payments are due and payable net 30 from the Owner's receipt of a correct invoice. (Insert rate of monthly or annual interest agreed upon) Zero percentage(0%) § 11.10.2.2 The Owner shall not withhold amounts from the Architect's compensation to impose a penalty or liquidated damages on the Architect,or to offset sums requested by or paid to contractors for the cost of changes in the Work,unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding. § 11.10.2.3 Records of Reimbursable Expenses,expenses pertaining to Supplemental and Additional Services,and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. ARTICLE 12 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Agreement are as follows: (Include other terms and conditions applicable to this Agreement.) Init. AIA Document B133'"—2019.Copyright©2014,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 18:36:55 ET on 06/07/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is licensed for one-time use only,a / be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 242 User Notes: (1400 Item#18. Limitation of Liability Rice Fergus Miller's total liability to the Owner for any and all injuries,claims,losses,expenses, damages or claims expenses arising out of this agreement from any cause or causes,shall not exceed the total available amount of Rice Fergus Miller's Professional Liability insurance policy(Rice Fergus Miller's current available amount of Professional Liability Insurance is the full policy of$5,000,000). ARTICLE 13 SCOPE OF THE AGREEMENT § 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations,representations or agreements,either written or oral.This Agreement may be amended only by written instrument signed by both the Owner and Architect. § 13.2 This Agreement is comprised of the following documents identified below: .1 AIA Document B133TW-2019,Standard Form Agreement Between Owner and Architect,Construction Manager as Constructor Edition (Paragraphs deleted) .3 Exhibits: Exhibit A-Rice Fergus Miller 2021 Hourly Billing Rates This Agreement entered into as of the day and year first written above. OWNER(Signature) Robert E. S11711Son, Mayor ARCHITE (Signature) City of Meridian,and Idaho Municipal Corporation David A.Fergus,Principal (Printed name and title) 6-29-2021 (Printed name, title, and license number, if required) Init. AIA Document B133'"—2019.Copyright©2014,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 18:36:55 ET on 06/07/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is licensed for one-time use only,a / be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 243 User Notes: (1400 Item#18. Additions and Deletions Report for AIA®Document 8133TM - 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 18:36:55 ET on 06/07/2021. PAGE AGREEMENT made as of the Seventh day of June in the year Two Thousand Twen .-one City of Meridian,and Idaho Municipal Corporation c/o Meridian Finance Department 33 E.Broadway Avenue Meridian,Idaho 86342 Rice Fergus Miller,Inc. 275 5th Street,Suite 100 Bremerton,WA 98337 Telephone Number: 360-377-8773 Meridian South Police Station Desie_n—Construction Administration RFM Project Number: 2020038.05 Engineered Structures,Inc.(ESI Construction) 3330 E.Lousie Drive,Suite 300 Meridian,Idaho 83642 Telephone Number(208)362-3040 PAGE 2 The South police station will be a prototype building with the following major features.The building shall contain assigned offices,an open patrol room with adjoining conference room,records storage,breakroom,men's and women's locker rooms with a common fitness room,both hard and soft interview rooms,armory,evidence,intake and one(1)sally port. For more detail refer to the facility ylanning workshop notes from November 2020.The site includes approximately 4 acres of development included a Meridian Fire station to be constructed at a similar time. As outlined in Rice Fergus Miller/Pivot North Architecture's Meridian Police Department Facility Planning Workshop document,dated November 13,2020. Additions and Deletions Report for AIA Document B133'—2019.Copyright©2014,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 18:36:55 ET on 06/07/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is 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 Page 244 copyright@aia.org. User Notes: (1400 7 Item#18. $485,076.00 PAGE 3 12/15/2021 TBD TBD NA [Xj AIA Document A133-2019,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. None identified at this time. None. Stacy Redman Facilities Project Manager City of Meridian,Public Works Department 33 E.Broadway Avenue Meridian,Idaho 83642 sredman(&meridiancit y�org (Office Phone)208-489-0374 (Cell Phone)208-985-4234 (Fax)208-898-9551 PAGE 4 Not applicable. Engineered Structures,Inc. Not by Owner,included in services of Architect. By owner,Atlas Geotecbnical Services Additions and Deletions Report for AIA Document 13133'—2019.Copyright©2014,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 18:36:55 ET on 06/07/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,a-mail page 245 copyright@aia.org. User Notes: (1400 7 Item#18. Not by Owner:included in services of Architect. None identified at this time. Gunnar R.Gladics,Project Manager gg1adics(d,)rfinarch.com phone:360.377.8773 Rice Ferps Miller,Inc. 275 5th St.4100 Bremerton,WA 98337 KPFF Judsen Williams SE Principal Engineer Judsen.williams&kpff.com Phone: 208.336.6985 412 E. Parkcenter Blvd. Suite 200 Boise,ID 83706 PAGE 5 Cator Ruma Brittany Austin Project Engineer baustin(&caton uma.com Phone:208.343.3663 420 S.Orchard Street Boise,ID 83705 Cator Ruma Kyle Olsen PE Project Engineer kolsen(d,catorruma.com Phone:208.343.3663 420 S.Orchard Street Boise,ID 83705 .4 Associate Architect: Pivot North Architecture Clint Sievers AIA,Project Architect clint(&pivotnorthdesing com Phone:208.690.3108 1101 West Grove St. Boise,ID 83702 .5 Civil Engineer(,included in Architect's Basic Services fee): Eric Cronin PE,Project Engineer Additions and Deletions Report for AIA Document B133'—2019.Copyright©2014,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 18:36:55 ET on 06/07/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,a-mail page 246 copyright@aia.org. User Notes: (1400 7 Item#18. eri c(&thelandgroupinc.com Phone:208.939.4041 462 E Shore Dr.#100 Eagle,ID 83616 .6 Landscape Architecture(included in Architect's Basic Services feet Bob Schafer,Landscape Architect boWthelandgroupinc.com Phone: 208.939.4041 462 E Shore Dr.#100 Eagle,ID 83616 .7 IT Design(included in Architect's Basic Services feed Kyle Olsen PE,Project Engineer kolsenkcaton uma.com Phone:208.343.3663 420 S.Orchard Street Boise,ID 83705 PAGE 6 § 1.2 The Owner and Architect may rely on the Initial Information.Both parties,however,recognize that the Initial Information may materially change and,in that event,the Owner and the Architect shall appropriately adjust the Architect's services,schedule for the Architect's services,and the Architect's eempensation.The Owner-shalm!adjust the OA%er-'s budget for-the Cast of the Wer-k and the Owner-'s anfieipated design and eanstnaefien milestones,as .compensation(if required) § 1.3 The parties shall agree upon protocols governing the transmission and use of Instruments of Service or any other information or documentation in digital form.he pa44ies��'�„1l use 4 L^ Deew=eRt E203TM 2012 Building development,144ma4ion Wdeling and Digital Data Exhibit,to establish the pr-oteeals fieff the, use,tFexeliange of digital data. § 1.3.1 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,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. § 2.6.1 Commercial General Liability with policy limits of not less than Two Million Dollars($2,000,000.00.)for each occurrence and Two Million Dollars($2,000,000.00.) in the aggregate for bodily injury and property damage. § 2.6.2 Automobile Liability covering vehicles owned,and non-owned vehicles used,by the Architect with policy limits of not less than( }One Million Dollars($1,000,000.00)per accident for bodily injury,death of any person, and property damage arising out of the ownership,maintenance and use of those motor vehicles,along with any other statutorily required automobile coverage. § 2.6.5 'Liability with pehey hinits fiet less than ($ )eaeh aeeidefft, (S )eaeh effiplayee,a-ad ($ pahey Deleted. § 2.6.6 Professional Liability covering negligent acts,errors and omissions in the performance of professional services,with policy limits of not less than($hex c $ Five Million Dollars($5,000,000.00)per claim and Five Million Dollars($5,000,000.00)_in the aggregate. PAGE 7 Additions and Deletions Report for AIA Document 13133'—2019.Copyright©2014,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 18:36:55 ET on 06/07/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is 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 Page 247 copyright@aia.org. User Notes: (1400 7 Item#18. § 2.6.7 Additional Insured Obligations.T^tho fidlw#extent pefmi#ed by!a--A,,the The Architect shall cause the primary and excess or umbrella polices for Commercial General Liability and Automobile Liability to include the Owner as an additional ' .insured.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. § 3.1.9 Concept Design and Entitlement Support PROVIDED UNDER SEPARATE CONTRACT §3.2 Review of the Construction Manager's Guaranteed Maximum Price Proposal or Control Estimate—NOT INCLUDED IN CONTRACT OR FEE PAGE 8 §3.3 Schematic Design Phase cer"i,.es § 3.3 Schematic Design Phase Services—PROVIDED UNDER SEPARATE CONTRACT PAGE 10 § 3.6.2.4 Interpretations and decisions of the Architect shall be consistent with the intent of,and reasonably inferable from,the Contract Documents and shall be in writing or in the form of drawings.When making such interpretations and decisions,the Architect shall endeavor to secure faithful performance by both Owner and Construction Manager, shall not show partiality to either,and shall not be liable for results of interpretations or decisions rendered in good faith.The Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents subject to written approval of the Owner. PAGE 11 § 3.6.5.1 T4tt-Subj ect to Owner's approval,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.Subject to Section 4.2,the Architect shall prepare Change Orders and Construction Change Directives for the Owner's approval and execution in accordance with the Contract Documents. PAGE 12 § 3.6.6 Protect Completion—NOT INCLUDED IN CONTRACT OR FEE PAGE 13 Additions and Deletions Report for AIA Document B133'—2019.Copyright©2014,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 18:36:55 ET on 06/07/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is 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 Page 248 copyright@aia.org. User Notes: (1400 7 Item#18. 4.1.1.1 Assistance with Selection of Construction Manager Not Provided 4.1.1.2 Programming Provided under previous contract 4.1.1.3 Multiple Preliminary Designs Not Provided 4.1.1.4 Measured drawings Not Provided 4.1.1.5 Existing facilities surveys Not Provided 4.1.1.6 Site evaluation and planning Provided under previous contract 4.1.1.7 Building Information Model management responsibilities Not Provided § 4.1.1.8 Development of Building Information Models for post Not Provided construction use 4.1.1.9 Civil engineering Architect under Basic Services 4.1.1.10 Landscape design Architect under Basic Services 4.1.1.11 Architectural interior design Architect under Basic Services 4.1.1.12 Value analysis Not Provided 4.1.1.13 Cost estimating Not Provided 4.1.1.14 On-site project representation Not Provided 4.1.1.15 Conformed documents for construction Not Provided 4.1.1.16 As-designed record drawings Not Provided 4.1.1.17 As-constructed record drawings Not Provided 4.1.1.18 Post-occupancy evaluation Not Provided 4.1.1.19 Facility support services Not Provided 4.1.1.20 Tenant-related services Not Provided 4.1.1.21 Architect's coordination of the Owner's consultants Not Provided § 4.1.1.22 Alerting and emergency response systems,including Not Provided antennas and audio equipment § 4.1.1.23 Security evaluation and planning Not Provided § 4.1.1.24 Commissioning Not Provided 4.1.1.25 Sustainable Project Services pursuant to Section 4.1.3 Not Provided 4.1.1.26 Historic preservation Not Provided 4.1.1.27 Furniture,furnishings,and equipment design Not Provided 4.1.1.28 Other services provided by specialty Consultants Not Provided 4.1.1.29 Other Supplemental Services Not Provided § 4.1.1.30 Entitlements Provided under previous contract 4.1.1.31 Fire Station Traffic Si nalization Desi n Not Provided § 4.1.1.32 IT and Data Dcsign Architect under Basic Services § 4.1.2.1 A description of each Supplemental Service identified in Section 4.1.1 as the Architect's responsibility is provided below. ineluwed as an`„t ibit to dese-ibe the A -ehiteet', c..pple.. eot ai Seryicee )in. None Additions and Deletions Report for AIA Document 13133'—2019.Copyright©2014,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 18:36:55 ET on 06/07/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is 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 Page 249 copyright@aia.org. User Notes: (1400 7 Item#18. None § 4.1.3 ,the Mehiteet shall provide, , as provided in Seetion ".'.Intentionally_ Deleted. PAGE 14 § 4.2.2 To a-void delay in the,Cm-R-st-metion Phase,the A&ehiteet sha4l provide the fbilowing Additional gen,iees,fletify the 0,A%er- *' . . pr-emptness,and explain the faets and eir-eumstaftees gi'Aag rise te the need.if-,Upon by the , .2 Responding to the Constfuetion Manager-'s requests for-infafmation that are not prepared in aeeerdafiee .a, tat sei=viee; 4 F;'Aluting an extensive numbef of Claims as the Ifikial Deeisieft Maker-; Intentionally Deleted. .1 Two ( L)reviews of each Shop Drawing,Product Data item,sample and similar submittals of the Construction Manager .2 Thirty Two ( 2L)visits to the site by the Architect during construction .3 Two ( L)inspections for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents .4 Two ( L)inspections for any portion of the Work to determine final completion PAGE 15 § 4.2.5 H-Subject to the Owner's prior approval,the services covered by this Agreement have not been completed within(—}twelve(N months of the date of this Agreement,through no fault of the Architect,extension of the Architect's services beyond that time&hall-mav be compensated as Additional Services. § 5.5 The Owner shall furnish surveys to describe physical characteristics,and 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. PAGE 17 Additions and Deletions Report for AIA Document B133'—2019.Copyright©2014,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 18:36:55 ET on 06/07/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is 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 Page 250 copyright@aia.org. User Notes: (1400 7 Item#18. § 6.5 If the Construction Manager's estimate of the Cost of the Work at the conclusion of the Design Development Phase exceeds the Owner's budget for the Cost of the Work,the Owner 4,,a# ay .2 te... inane in a da- ee .,it>, Seetien 9.5;intentionally deleted § 6.7 subsequent east estimates,the Qaafan4eed Mffldmum Pr-iee proposal,or-Cai#fel Estimate tha4 exeeed the Owfier-'s systems,E)F the kinds a-ad"ality of materials,finishes or- Intentionally Deleted. PAGE 19 [X Litigation in a court of competent jurisdiction § Si 4 Arhitre#inn elaim,dispiate oi:other-matter-in questien ar4s*out of or-related te this Agr-eefnent subjeet to,but not r-eselved§ 8.3.1 if the par-ties have seleeted afbit-Fation as the methed fer-binding dispwe r-eseletien in this Agr-eement, Hily medimian shall be subjeet to shall be administer-ed-b-y > > > date of d3mis AgFeement.A demand for-ar-bitfation shall be,Made,in 10,witiag,d0iver-ed to the ethef-party to this Agreement,audd Ale,d, 4th the per-sonor-entity administering the ar-bit.•.,t:§ 8.3.1.1 A d-teman d-fiff-ar-h-4-ati R_n isha I I h-e,ma de n R_ ewid i er-t-han P_A-n eui*effltly with the fi ling of a request for-mediati..., , eenstitute the institution of legal or-equitable preeeedings based an the elaim,dispute or-other-ma4ter-in quest § 8.3.2 The foregoing agreement te afbitfate,and other-agr-eements te ar-bitfa4e with an additienal per-seia or-enfity d* § 8.3.3 The award rendeFed by the ar-bitfatar-(s)shall be�PRal,andjudggment may be entered upon it in aeewdaneew applicable- Imo,.,; ,.-r having ,-isdi.+ion thereof-. . > pefmits > e a-ad(3)the afbitr-atians employ materially sifailaf pr-aeedtwal fules and methods for-seleeting af-bitrater-(s). . >at its sole diseretion, e deser-ibed in the,.Fitte eensefA-. Additions and Deletions Report for AIA Document B133'—2019.Copyright©2014,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 18:36:55 ET on 06/07/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is 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 page 251 copyright@aia.org. User Notes: (1400 7 Item#18. § 8.4 The provisions of this Ai4iele 9 shall supxive the tefmination of this Agreement. § 8.3 Intentionally Deleted § 9.7 in addition to any afneunts paid undef Seetion 9.6, pufsuant to Seetion 9.5,or-thiQ.,A-rvh4Pr#kafmina4es this Agreement pur-suan, i R- Steedon 9.3,the Owner-shall pay to the fi,...,..;, r i Teminatien Fee! Intentionally Deleted § 9.8 Substantial Camp! Intentionally Deleted PAGE 21 4-1. Stipulated Sum "ser4 amoun''Design Development-Bidding Support: Three Hundred Thirty Thousand Five Hundred Twenty-six Dollars($330,526.00) 2. Time&Expense to a Maximum Construction Administration:One Hundred Fifty-four Thousand Five Hundred Fifty Dollars($154,550.00) i gereentage Basis ,_'.seep __._ ge:w'w;3. Reimbursable Expenses oefthe Owner-'s 3 Othef Time and Expense at architects'cost to a Maximum of Twenty Thousand Dollars($20,000.00,). Anyreguest for reimbursement must be substantiated by a receipt. Included in Architect's Basic Services fee listed above To be negotiated prior to the peif'ormance of Additional Services. > > serxiees.) Not applicable. Additions and Deletions Report for AIA Document B133'—2019.Copyright©2014,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 18:36:55 ET on 06/07/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is 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 page 252 copyright@aia.org. User Notes: (1400 7 Item#18. Design Development Phase Thirty-five verce 25 �7 Construction Documents Phase Fifty-five vercent t 55% Bidding Support Ten percent 10% Total Basic Compensation One Hundred percent 100%1 Design—Bidding Support PAGE 22 As described in Exhibit A `E..,ployee or Category liQr�e C .n0) .1 Pre-Authorized out-of-town travel and subsistence per GSA allowance .6 if authefized in advanee by thee Qi"ergpeleted .8 , additional insufanee eavefage of-limits in exeess of that aeffaaPy maintained by the Arehiteet's- Deleted .10 Site_ffiee pensesQeleted. 'f r----=" .11 eleted. .12 .Deleted. Arehitest's eanstrhants plus=per-eent'�f the expenses ineurred. § 11.9Arr-hetpni'A ins- ranGe.ifthe types and limits of eavefage fequir-ed in Seedon 2—A ff-e in Addition to the types and eover-ages as set fefth below.: Deleted Additions and Deletions Report for AIA Document B133'—2019.Copyright©2014,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 18:36:55 ET on 06/07/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is 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 Page 253 copyright@aia.org. User Notes: (1400 7 Item#18. § 11.10.1.1 An initial payment of{$—}zero dollars($0.00)shall be made upon execution of this Agreement and is the minimum payment under this Agreement.It shall be credited to the Owner's account in the final invoice. § 11.10.1.2 ,an initial Payffief4 to the A vehitset of ShAbe made upon exermition of this Agreement f6FFegis#a6E)a fees afflad-othew-&-t-As payable to the Gergfyin Auther-ity shall be er-edited te the Ov,%er-'s aeeettnt at the time the expense is .Deleted § 11.10.2.1 Unless otherwise agreed,payments for services shall be made monthly in proportion to services performed.Payments are due and payable sentation A-k#e A rvahiteet's invoiee s unpaid ffifiew- the,invoie,65 d-ahe ish-All h_e,_Ar_-intiffemst at th-ge;Fats- ten-te-n-Add below,or in the ahb.,st-An6spe t—ho-y-teefat the legal rate pr-evailia -4-A- ,tim-y-to time.,t the principal,.lace- fbusiness of the A e ;te,.+,net 30 from the Owner's receipt of a correct invoice. Zero percentage (0%) PAGE 23 Limitation of Liability Rice Fergus Miller's total liability to the Owner for any and all injuries,claims,losses, expenses,damages or claims expenses arising out of this agreement from any cause or causes,shall not exceed the total available amount of Rice Fergus Miller's Professional Liability insurance policy(Rice Fergus Miller's current available amount of Professional Liability Insurance is the full policy of$5,000,000). A-1 A-Doetifneat E2031M 2013,Building infefma4ion Modeling and Digital D4a Exhibit,dat ir,s r4tc date of the z Ana onlai t ai +,,t this agr-eememt.4 >Sustainable Prejeets E344bit, Genstnaetieff Manager-as f aast,.,,etar-Edition dated a indieated below � 0—ta2f d_eeumeats.: Exhibit A-Rice Fergus Miller 2021 Hourly Billing Rates City of Meridian,and Idaho Municipal Corporation David A.Fergus,Principal Additions and Deletions Report for AIA Document B133'—2019.Copyright©2014,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 18:36:55 ET on 06/07/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is 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 Page 254 copyright@aia.org. User Notes: (1400 7 Item#18. Certification of Document's Authenticity AIA° Document D401 TM — 2003 1, ,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 18:36:55 ET on 06/07/2021 under Order No. 7610209206 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA®Document B 133TM—2019,Standard Form of Agreement Between Owner and Architect, Construction Manager as Constructor Edition,as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. (Signed) (Title) (Dated) AIA Document D401'TM—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 18:36:55 ET on 06/07/2021 under Order No.7610209206 which expires on 10/30/2021,is not for resale,is licensed for one-time use only,a be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 255 User Notes: (1400 Item#18. eYgumILLER ARCHITECTURE INTERIORS PLANNING VIZLAB 275 Fifth Street,Suite 100 Bremerton,WA 98337 Phone: (360)377-8773 rfmarch.com 2021 Hourly Billing Rates Date of Proposal: June 7, 2021 Project: Meridian South Police Station Design - Construction Administration Project No.: 2020038.05 The hourly billing rates shall be annually adjusted in accordance with normal salary review practices of Rice Fergus Miller. Principal in Charge: $ 275.00 Senior Planner: $ 175.00 - $ 275.00 Project Manager: $ 130.00 - $ 190.00 Project Architect: $ 120.00 - $ 190.00 Staff Architect: $ 125.00 - $ 160.00 Project Designer: $ 115.00 - $ 190.00 Staff Designer: $ 115.00 - $ 155.00 Interior Designer: $ 90.00 - $ 160.00 Technical Designer: $ 95.00 - $ 155.00 Production Support: $ 85.00 - $ 155.00 Graphics Visualization: $ 115.00 - $ 125.00 Project Coordinator: $ 80.00 - $ 120.00 Administrative Support Staff: $ 80.00 - $ 120.00 Page 256 Item 22 E IDIAN;--- AGENDA ITEM ITEM TOPIC: EXECUTIVE SESSION Page 4